The minimum lot development standards prescribed in the applicable individual zone regulations shall be subject to the following exceptions:

A.

Existing Substandard Parcel. Any existing substandard parcel of contiguous land may be developed as a lot if such parcel existed lawfully under the previous zoning controls.

B.

Division of Parcel with Existing Buildings. Where a parcel contains two (2) or more existing principal buildings which were lawfully established, said parcel may be divided into two (2) or more lots which do not have the minimum lot area, minimum lot width, and minimum frontage, yards, open space, and parking requirements otherwise applying to the divided lots may be waived or modified upon the granting of a Conditional Use Permit pursuant to the Conditional Use Permit procedure in Chapter 17.134. Each resulting lot shall accommodate at least one existing principal building and each lot shall have frontage on a street. A Conditional Use Permit may be granted only upon determination that the proposal conforms to the general use permit criteria in Chapter 17.134 and to the following special criteria:

1.

That all principal structures existed lawfully under the previous zoning controls, and are habitable or in sound condition;

2.

That the proposal will not result in a lot which is so small, so shaped, or so situated that it would be impractical for subsequent permitted uses;

3.

That the proposal will maintain the existing amount of usable open space and off-street parking spaces for any Residential Facilities involved. If there are more parking spaces or usable open space on the lot than required, then the number of parking spaces and/or amount of open space can be reduced to the minimum required.

C.

Division of Parcel under State Law SB 684. Where a project is subject to State law SB 684, as codified under California Government Code Sections 65852.28 and 66499.41, and said parcel is no larger than five (5) acres and shall be subdivided into ten (10) or fewer lots for a for-sale housing units development project, the minimum lot development standards prescribed in the applicable individual zone regulations shall be subject to the following exceptions:

1.

The resulting parcels of an SB 784 subdivision shall have a minimum lot size of six hundred (600) square feet, and the minimum lot width and minimum lot frontage dimensional requirements otherwise prescribed shall not apply.

2.

Interior side setbacks are not required between units of an SB 684 subdivision.

3.

A minimum rear setback of four (4) feet is required for each SB 684 lot; and a minimum street side setback of four (4) feet or the setback for the underlying zone, whichever is less, is required between SB 684 lots and adjacent streets.

4.

A minimum side yard setback of four (4) feet or the setback for the underlying zone, whichever is less, is required between SB 684 lots and adjacent lots not part of the SB 684 subdivision.

5.

For SB 684 subdivisions creating three (3) to seven (7) units, the maximum floor area ratio (FAR) allowed shall be no less than 1.0; and for SB 684 subdivisions creating eight (8) to ten (10) units, the maximum FAR allowed shall be no less than 1.25. This subparagraph shall only apply where the Oakland Planning Code otherwise imposes a residential floor area ratio and shall not be interpreted as establishing a residential floor area ratio requirement where none exists.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13090, § 4(Exh. A), 10-4-2011; Ord. 12872 § 4 (part), 2008; prior planning code § 7050)

Notwithstanding the requirements prescribed in the applicable individual zone regulations with respect to minimum lot width mean and minimum frontage upon a street, a lot which does not meet such requirements may be created and/or developed in each of the following situations:

A.

If it has a frontage of not less than twenty (20) feet upon an undedicated vehicular way, other than one similar in function to an alley or path, which has a right-of-way not less than forty (40) feet in width and which was shown on the sewer maps on file with the City Engineer on the effective date of the zoning regulations;

B.

If it is served by a private access easement approved pursuant to the real estate subdivision regulations and subject to the provisions of Section 17.102.090;

C.

If it consists of a parcel of contiguous land which existed lawfully under the previous zoning controls;

D.

If it meets the same conditions as are prescribed in Section 17.106.010 for lot area and width exceptions;

E.

With the exception of Subsections B. and C. of this Section, nothing in this Section shall exempt parcels in the S-9 and S-11 Zones from any street frontage requirement.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12872 § 4 (part), 2008; prior planning code § 7051)

The maximum density and Floor Area Ratio (FAR) requirements prescribed in the applicable individual zone regulations shall be subject to the following methods for calculating the portion of lot area used in computing density:

A.

Portion of Lot Area Used in Computing Density in all zones. For mixed use projects in all zones, the allowable intensity of development shall be measured according to both the maximum nonresidential Floor Area Ratio (FAR) allowed by the zone and the maximum residential density allowed by the zone. The total lot area shall be used as a basis for computing both the maximum nonresidential FAR and the maximum residential density.

B.

Different Floor Area Ratios. In all zones in which the maximum Floor Area Ratio (FAR) generally prescribed for Residential Facilities is different from that for Nonresidential Facilities, the overall maximum FAR of any lot containing both Residential and Nonresidential Facilities shall be the greater of the two prescribed FARs. However, the total floor area actually devoted to each class of facility shall not exceed the maximum ratio prescribed for that class.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12772 § 1 (part), 2006; Ord. 12349 § 3, 2001; prior planning code § 7053)

A conditional use permit for an increase in the number of living units or Floor-Area Ratio (FAR) for a Residential Facility with more than four (4) stories containing living units, wherever such increase is provided for in the applicable individual zone regulations, may be granted only upon determination that the proposal conforms to the general use permit criteria set forth in the conditional use permit procedure in Chapter 17.134 and to all of the following additional use permit criteria:

A.

That openness of development, limitation of site coverage, and the design of the facilities effectively compensate for the potential effect of the added structural bulk upon adjoining properties and the surrounding area;

B.

That the shape and siting of the facilities are such as to minimize blocking of views or sunlight from adjoining lots or from other Residential Facilities in the surrounding area;

C.

That usable open space is provided substantially in excess of the amount otherwise required.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12872 § 4 (part), 2008; prior planning code § 7057)

Except as indicated in the D-DT Zones, a Conditional Use Permit for an increase in the number of allowed living units or Floor Area Ratio (FAR) upon acquisition of the development rights of lots within three hundred (300) feet of the subject development site may be granted only upon determination that the proposal conforms to the general use permit criteria set forth in the Conditional Use Permit procedure in Chapter 17.134 and to all of the following additional use permit criteria:

A.

That the applicant has acquired development rights from the owners of lots within three hundred (300) feet of the subject development site, restricting the number of living units or the amount of floor area which may be developed thereon so long as the facilities proposed by the applicant are in existence;

B.

That the owners of all such nearby lots shall prepare and execute an agreement, approved as to form and legality by the City Attorney and filed with the Alameda County Recorder, incorporating such restriction;

C.

That the resultant reduction in potential number of living units or amount of floor area on such nearby lots is sufficient in amount and is so located as to cause the net effect upon the surrounding neighborhood to be substantially equivalent to that of the development which would be allowable otherwise.

In the D-DT Zone, any proposed increase in the number of living units or Floor Area Ration (FAR) through the acquisition of development rights shall be reviewed instead according to the transfer of development rights regulations in Section 17.101K.120.

(Ord. No. 13805, § 2(Exh. A), 7-16-2024; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 12872 § 4 (part), 2008; prior planning code § 7058)

Wherever provided for in the applicable individual zone regulations, the number of residential living units otherwise permitted or conditionally permitted may be increased by not to exceed seventy-five percent (75%) in senior citizen housing where living units are regularly occupied by not more than two individuals at least one of whom is sixty (60) years of age or older or is physically handicapped regardless of age, upon the granting of a Conditional Use Permit pursuant to the Conditional Use Permit procedure in Chapter 17.134 and upon determination that the proposal conforms to both of the following additional use permit criteria:

A.

That such occupancy is guaranteed, for a period of not less than fifty-five (55) years, by appropriate conditions incorporated into the permit;

B.

That the impact of the proposed facilities will be substantially equivalent to that produced by the kind of development otherwise allowed within the applicable zone, with consideration being given to the types and rentals of the living units, the probable number of residents therein, and the demand for public facilities and services generated.

(Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12872 § 4 (part), 2008; prior planning code § 7059)