The provisions of this Chapter shall be known as the S-13 Affordable Housing Combining Zone Regulations. The Affordable Housing Combining (S-13) Zone is intended to create and preserve affordable housing restricted for extremely low-, very low-, low-, and/or moderate-income households, (as defined in California Health and Safety Code Sections 50093, 50105, and 50106 and in Oakland Planning Code Section 17.09.040). These regulations shall apply in the S-13 Zone and are supplementary to the regulations applying in the base zones with which the S-13 Zone is combined. Where conflict between the standards set forth in the S-13 Combining Zone and the underlying zoning district exists, the provisions in this Chapter shall govern for qualifying developments.

The S-13 Combining Zone is an optional program and applicants not opting to use the S-13 Zone provisions shall not be subjected to the standards set forth in this Chapter. The provisions in this Chapter are distinguished from, and are mutually exclusive of, other development bonuses available pursuant to Chapter 17.107 - Density Bonus and Incentive Procedure and State Density Bonus Law under Title 7, Division 1, Chapter 4.3 of the California Government Code. Developers may apply to utilize either the provisions under Chapter 17.107 and Government Code Chapter 4.3, or this Chapter, but not both. Also, the provisions in this Chapter cannot be combined with any local zoning incentive program.

The purpose of the S-13 Combining Zone is to allow a bonus height for eligible affordable housing projects, as well as relaxation of other listed development standards for applicable zones and an elimination of any maximum residential density standards. One hundred percent (100%) affordable housing projects in the S-13 Zone shall receive By Right Residential Approval (as defined in Oakland Planning Code Section 17.09.040) if it meets all the standards set forth in this Chapter in place of the requirements otherwise applicable in the base zones. Any development not meeting all of the standards set forth in the S-13 Combining Zone shall be subject to the requirements otherwise applicable in the underlying zoning district.

(Ord. No. 13763, § 5, 10-3-2023)

By Right Residential Approval (as defined in Oakland Planning Code Section 17.09.040) under the S-13 Combining Zone shall apply to either of the following:

A.

Developments that include one hundred percent (100%) affordable housing units, other than manager's units (as defined in Oakland Planning Code Section 17.09.040), restricted to extremely low-, very low-, low-, and/or moderate-income households (as defined in California Health and Safety Code Sections 50093, 50105, and 50106, and in Oakland Planning Code Section 17.09.040); or

B.

Projects proposing to utilize the By Right Residential Approval provisions in this chapter on a parcel less than fifteen thousand (15,000) square feet providing affordable housing units that meet the following criteria:

1.

At least twenty percent (20%) of the housing units are restricted to very low-income or low-income households; and

2.

At least twenty percent (20%) of the housing units are restricted to moderate-income households.

(Ord. No. 13840, § 2(Exh. B), 5-6-2025; Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13763, § 5, 10-3-2023)

The following definitions shall apply to this Chapter only:

Incentive. "Incentive" has the same meaning as provided in California Government Code Section 65915 and shall mean a reduction in site development standards, or a modification to a requirement of the Oakland Planning Code so long as the requested reduction or modification both exceeds the minimum building standards approved by the California Building Standards Commission that would otherwise be required and results in identifiable and actual cost reductions to provide for affordable rent or affordable housing costs. Incentives do not include the provision of direct financial incentives for the housing development, including the provision of City-owned land or the waiver of fees or dedication requirements, the modification of any City of Oakland Standard Conditions of Approval, or modification of any mitigation measures required by the California Environmental Quality Act.

(Ord. No. 13763, § 5, 10-3-2023)

The S-13 Zone may be combined with any Residential or Commercial Zone, except S-9 as shown on the City zoning map.

(Ord. No. 13763, § 5, 10-3-2023)

The following sites are exempt from the S-13 Combining Zone and are not eligible for the approval process or relaxation of development standards described in this Chapter:

A.

Parcels in the S-9 Fire Safety Protection Combining Zone; and

B.

Parcels with Designated City, State, and National Historic Landmarks.

Parcels in Historic Districts that are designated Areas of Primary Importance (API) as of the adoption date of the 2023-2031 Housing Element (January 31, 2023) remain eligible for the approval process described in this Chapter, including the elimination of maximum residential density standards, but are not eligible for and shall not receive the higher height limit allowance, reduced setback allowance, or relaxed maximum lot coverage allowance. Developments in designated API Historic Districts must still meet the height, setback, and maximum lot coverage requirements in the underlying zoning district, and any existing structure cannot be demolished as part of a qualifying project. The development must also meet the applicable objective design review standards for historic buildings.

(Ord. No. 13763, § 5, 10-3-2023)

The S-13 Combining Zone shall apply as shown on the city zoning map. When an applicant or developer elects to utilize the S-13 Zone for projects with affordable deed-restricted housing consistent with the thresholds provided in Section 17.95.020, the development standards prescribed in Table 17.95.01 shall apply. Where conflict between the standards set forth in the S-13 Combining Zone and the underlying zoning district exists, the provisions in this Chapter shall govern for qualifying developments.

Table 17.95.01 Property Development Standards within the S-13 Affordable Housing Combining Zone

(Ord. No. 13763, § 5, 10-3-2023)

In addition to the automatic relaxation of property development standards as described in Section 17.95.060, an applicant utilizing the By Right Residential Approval provisions under this chapter for a qualifying affordable housing project may submit to the city a proposal for up to three (3) additional development incentives that contribute significantly to the economic feasibility of the construction of affordable housing. The requested incentive(s) shall not pertain to the allowable height or setbacks of the proposal but may otherwise pertain to any applicable objective development standard in the Planning Code. The applicant must include in the incentive proposal documentation that the granting of the incentive provides identifiable and actual cost reductions to the project. Incentive requests complying with the requirements of this section shall be granted unless the City establishes that the incentive would have a specific adverse impact on public health and safety or would be contrary to state or federal law.

(Ord. No. 13840, § 2(Exh. B), 5-6-2025; Ord. No. 13763, § 5, 10-3-2023)