Unless specified otherwise in the applicable individual zone, the following special height restriction regulations shall apply to every lot in the RU-4 and RU-5 Zones, and RU-1, S-1, S-3, and S-15 Zones, and all Commercial and Industrial Zones that abut any lot located in an RH, RD, or RM Zone:

A.

Where Side Lot Line Is Abutting Zone Boundary. Where an interior side lot line of the former lot abuts a RH, RD, or RM Zone, no building or other facility shall, except for the projections allowed by Section 17.108.030, exceed thirty (30) feet in height unless each portion above that height is set back there from the inner line of the minimum side yard or from the abutting portion of the lot line where such yard is not required, a minimum horizontal distance equal to one (1) foot for each foot by which it extends above that height if the principal building on the abutting lot has a height of thirty (30) feet or less. If the principal building on the abutting lot has a height of greater than thirty (30) feet, the maximum height shall increase two (2) feet for every foot away from the applicable setback or lot line.

B.

Where Rear Lot Line Is Along Zone Boundary. Where the rear lot line of the former lot abuts an RH, RD, or RM Zone, no building or other facility shall, except for the projections allowed by Section 17.108.030, exceed thirty (30) feet in height unless each portion above that height is set back there from the inner line of the minimum rear yard or from the abutting portion of the lot line where such yard is not required, a minimum horizontal distance equal to one (1) foot for each foot by which it extends above that height if the principal building on the abutting lot has a height of thirty (30) feet or less. If the principal building on the abutting lot has a height of greater than thirty (30) feet, the maximum height shall increase two (2) feet for every foot away from the applicable setback or lot line.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13112, § 4(Exh. A), 4-30-2012; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. 12376 § 3 (part), 2001: Ord. 12272 § 4 (part), 2000: Ord. 11892 § 5, 1996: prior planning code § 7070)

Editor's note— Ord. No. 13064, § 2(Exh. A), adopted March 15, 2011, changed the title of Section 17.108.010 from "Height restrictions on lots abutting property in the R-1, R-10, R-20, R-30, R-35, R-36, R-40 or R-50 zone" to "Height restrictions on lots abutting property in an RH, RD, or RM zone." The historical notation has been preserved for reference purposes.

General Height for Civic Facilities with Increased Yards. On parcels in the RH, RD, RM, RU, CN, CC, CR, HBX, S-15, OS, D-CO, and D-CE Zones that have a height limit of less than ninety-five (95) feet, a facility accommodating or serving any Civic Activity may, notwithstanding the maximum height prescribed for facilities in general in the applicable individual zone regulations, have a height of up to ninety-five (95) feet upon the granting of a Conditional Use Permit pursuant to the Conditional Use Permit procedure in Chapter 17.134 if the minimum depth or width, as the case may be, of each front, side, and rear yard, if any, otherwise required is increased for such facility by one (1) foot for each foot by which the facility exceeds the aforesaid maximum height. To the extent allowed by the Conditional Use Permit, the greater height authorized by this Subsection may be exceeded by the projections allowed by Section 17.108.030.

(1)

General Height Provisions for Volumetric Modular Projects. Volumetric modular construction is defined as construction that involves building six-sided modules constructed of floors, walls, and ceiling off-site, designing to the same codes and standards as conventionally built structures, and then transporting the modules to the construction site for installation.

The maximum allowed height of Residential and Nonresidential Facilities constructed using volumetric modular construction shall be increased above the height limit prescribed in the applicable individual zone regulations by one (1) foot for each building story. For example, if the individual zone regulations limit height to a maximum of sixty (60) feet, eligible facilities with six (6) stories would be allowed a maximum height of sixty-six (66) feet.

For facilities utilizing this provision, prior to the issuance of building permits the proposed volumetric modular construction methods must be confirmed to implement the height increase. If modular methods are not confirmed, the project shall be built according to the applicable individual zone height regulations.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13666, § 3(Exh. A), 11-16-2021; Ord. No. 13302, § 5(Exh. C), 4-21-2015; Ord. No. 13168, § 5(Exh. A-2), 6-18-2013; Ord. No. 13112, § 4(Exh. A), 4-30-2012; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. 12376 § 3 (part), 2001: Ord. 12272 § 4 (part), 2000; Ord. 12078 § 5 (part), 1998; Ord. 11892 § 6, 1996; prior planning code § 7071)

The height restrictions prescribed for facilities in the applicable individual zone regulations and development control maps and in Sections 17.108.010 and 17.108.020 may be exceeded in accordance with the following table. However, facilities within required minimum yards and courts shall also be subject to the applicable provisions of Section 17.108.130.

Any conditional use permit under Subsection H. of this Section shall be subject to the same use permit criteria as are prescribed in Section 17.102.240.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13112, § 4(Exh. A), 4-30-2012; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. 12376 § 3 (part), 2001: prior planning code § 7075)

Editor's note— Ord. No. 13112, § 4(Exh. A), adopted April 30, 2012, repealed the former Section 17.108.040, which pertained to minimum front yard in commercial and industrial zones where part of frontage on same side of block is in residential zone, and derived from the prior planning code, § 7078, and Ord. No. 13064, § 2(Exh. A), 3-15-2011.

Editor's note— Ord. No. 13064, § 2(Exh. A), adopted March 15, 2011, repealed the former Sections 17.108.050 and 17.108.060 in their entirety, which pertained to reduced front yard on steep slopes in residential zones and minimum side yard on street side of corner lot—Residential zones, respectively, and derived from the prior planning code, §§ 7079, 7080; Ord. No. 12376, § 3, adopted 2001; Ord. No. 12406, § 4, adopted 2002; Ord. No. 12872, § 4, adopted 2008; Ord. No. 12955, § 2(Exh. A), adopted July 21, 2009; Ord. No. 12971, § 2(Exh. A), adopted September 22, 2009, and Ord. No. 12999, § 4(Exh. A), adopted March 16, 2010.

Editor's note— Ord. No. 13112, § 4(Exh. A), adopted April 30, 2012, repealed the former Section 17.108.070, which pertained to the minimum side yard on street side of corner lot in commercial and industrial zones where key lots is in residential zone, and derived from the prior planning code, § 7081.

On each lot containing Residential Facilities with a total of two (2) or more dwelling units, excluding any permitted Accessory Dwelling Units, a side yard with the minimum width prescribed hereinafter shall be provided opposite any legally required window of a living room in a Residential Facility wherever such window faces any interior side lot line of such lot, other than a lot line abutting an alley, path, or public park. The side yard prescribed by this Section is not required on other lots or in other situations. Such yard shall have a minimum width of four (4) feet, plus one (1) foot for each story at or above the level of the aforesaid window; provided, however, that such side yard width shall not be required to exceed ten percent (10%) of the lot width in all zones, except that in no case shall such side yard width be less than four (4) feet. The side yard required by this Section shall be provided opposite the legally required window and opposite that portion of the wall containing such window, or of any extension of such wall on the same lot, for a distance of not less than five (5) feet in both directions from the centerline of such legally required window, and at and above finished grade or the floor level of the lowest story containing such a window, whichever level is higher. Such yard shall be provided unobstructed except for the accessory structures or the other facilities allowed therein by Section 17.108.130.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13677, § 4(Exh. A), 1-18-2022; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13302, § 5(Exh. C), 4-21-2015; Ord. No. 13276, § 5(Exh. A), 12-9-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13112, § 4(Exh. A), 4-30-2012; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12971, § 2(Exh. A), 9-22-2009; Ord. No. 12955, § 2(Exh. A), 7-21-2009; Ord. 11892 § 7, 1996; prior planning code § 7082)

Editor's note— Ord. No. 13112, § 4(Exh. A), adopted April 30, 2012, repealed the former Sections 17.108.090, 17.108.100, and 17.108.110 in their entirety, which pertained to minimum side yard abutting side of property in the RH, RD, RM, RU-1, or RU-2 zones, minimum rear yard abutting any portion of property in any residential zone, and reduced rear yard adjacent to alley, respectively, and derived from the prior planning code, §§ 7083, 7085, 7086; Ord. No. 11892, § 8, adopted 1996; Ord. No. 12272, § 4, adopted 2000; Ord. No. 12955, § 2(Exh. A), adopted July 21, 2009; Ord. No. 12971, § 2(Exh. A), adopted September 22, 2009, and Ord. No. 13064, § 2(Exh. A), adopted March 15, 2011.

On each lot containing Residential Facilities with a total of two (2) or more dwelling units, excluding any permitted Accessory Dwelling Units, courts with the minimum depths prescribed below shall be provided in the cases specified hereinafter between opposite exterior walls, or portions thereof, of the same or separate buildings on such lot. Courts are not required on other lots or in other situations. The aforesaid walls shall be considered to be opposite one another if a line drawn in a horizontal plane perpendicularly from any portion of any of the legally required windows referred to hereinafter, or from any point along the wall containing such window, or any extension of such wall on the same lot, on the same story as and within five (5) feet in either direction from the centerline of said legally required window, intersects the other wall. The courts required by this Section shall be provided opposite each of the legally required windows referred to hereinafter and along the wall containing such window, and along any extension of such wall on the same lot, for not less than five (5) feet in both directions from the center line of such legally required window, and at and above finished grade or the floor level of the lowest story containing such a window, whichever level is higher. Such courts shall be provided unobstructed except for the accessory structures or the other facilities allowed therein by Section 17.108.130.

A.

Legally Required Living Room Windows in Either or Both Walls. If either or both such opposite walls contain any legally required window of any living room in a Residential Facility, a court shall be provided between such walls with a minimum horizontal depth equal to fifteen (15) feet plus two (2) feet for each story above the level of the aforementioned court, but shall nor be required to exceed twenty-five (25) feet.

B.

Other Legally Required Windows in Both Walls. If both such opposite walls contain legally required windows of any habitable rooms, other than living rooms, in a Residential Facility, a court shall be provided between such walls with a minimum horizontal depth of ten (10) feet.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13677, § 4(Exh. A), 1-18-2022; Ord. No. 13112, § 4(Exh. A), 4-30-2012; Ord. No. 13064, § 2(Exh. A), 3-15-2011; prior planning code § 7087)

Every part of each required minimum yard and court shall be open and unobstructed from finished grade, or where applicable from such other specified level at which the yard or court is required, to the sky except for the facilities allowed in the yard or court by the following table. Furthermore, in no case shall more than fifty percent (50%) of the horizontal area of any required minimum rear yard be covered by any facilities, other than trees and Accessory Dwelling Units in conformance with all requirements in Section 17.103.080, which extend more than six (6) feet above the level at which the rear yard is required. Wherever a yard is required only for a particular facility, it may be provided at the level of the lowest story containing such facility; provided that where such facility is a Residential Facility, such level shall be that of the lowest story, or portion thereof, containing any living unit. Where the height of facilities within minimum yards or courts is not specifically further limited by the following table, the facilities shall conform to the regular height restrictions, if any, applicable to facilities where they are located. Facilities within minimum yards and courts shall also be subject to any applicable exceptions allowed for Nonconforming Uses in Chapter 17.114, Accessory Dwelling Units in Section 17.103.080, and screening requirements or other controls prescribed by the buffering regulations in Chapter 17.110; or by the pertinent development control maps or individual zone regulations, which in some zones require that minimum front yards, or side yards on the street side of a corner lot, be landscaped.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13677, § 4(Exh. A), 1-18-2022; Ord. No. 13596, § 2(Exh. A), 6-2-2020; Ord. No. 13435, § 4(Exh. A), 5-2-2017; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13112, § 4(Exh. A), 4-30-2012; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. No. 12899 § 4, Exh. A, 2008; Ord. 12872 § 4 (part), 2008; Ord. 12533 § 3 (part), 2003; Ord. 12376 § 3 (part), 2001; prior planning code § 7090)

A.

Compliance with Oakland Traffic Code. Notwithstanding other provisions of the Oakland Planning Code, all fences, dense hedges, barriers, and similar freestanding walls shall comply with the applicable provisions of Chapter 10.60 of the Oakland Traffic Code, entitled "Vision Obscurements at Intersections."

B.

Residential Zones and Residential Facilities. The provisions of this Section apply to all properties located in all Residential Zones, and to all properties located in any zone containing Residential Facilities.

1.

Height. In the locations specified below, the height of any fence, dense hedge, barrier, or similar freestanding wall, but excluding retaining walls, shall not exceed the following:

a.

In any minimum front yard, or any minimum side yard on the street side of a corner lot: forty-two (42) inches, except that six (6) feet is permitted in the following cases:

i.

In the portions of street side yards located within the greater of the following distances, from the rear lot line:

a)

Thirty-five (35) feet from the rear lot line;

b)

The distance between the rear lot line and a line that is perpendicular to the street side lot line and that extends to the rearmost enclosed portion of the primary building on the lot; or

ii.

Upon the granting of small project design review pursuant to the small project design review procedure in Chapter 17.136.

b.

In any minimum rear yard if within ten (10) feet of a street line that abuts the lot: six (6) feet.

c.

In any other minimum yard or court: eight (8) feet; and

d.

One (1) entry gateway, trellis or other entry structure may be permitted in the required front setback area of each lot provided the maximum height or width of the facility does not exceed ten (10) feet.

2.

Restricted Materials. The following materials are restricted in constructing or rebuilding walls or fences:

a.

Barbed wire, razor wire, or electrified wire is not allowed to be used in fences.

i.

Exception. Fences or walls enclosing building construction sites may be exempted from the above limitation on barbed wire, razor wire, or electrified wire for the duration of the permitted construction activity if the Director of City Planning, or his or her designee, determines that it will increase safety and security or that trespassing could present a public safety hazard. The Director of City Planning, or his or her designee, is hereby authorized to institute standards consistent with this subsection to guide implementation of this exception.

C.

Commercial Zones and in the OS, S-1, S-3, D-CO-1, and S-15 Zones. The provisions of this Subsection apply to all properties located in all Commercial Zones and in the OS, S-1, S-3, D-CO-1, and S-15 Zones.

1.

Height.

a.

The maximum height allowed by right of any fence, dense hedge, barrier, or similar freestanding wall located within ten (10) feet of the public right-of-way or any abutting property located in a Residential or Open Space Zone is eight (8) feet. A fence higher than eight (8) feet but no more than ten (10) feet may only be permitted in these locations if installed with additional landscape screening and upon the granting of Small Project Design Review pursuant to the Small Project Design Review procedure in Chapter 17.136.

b.

The maximum height of any fence, dense hedge, barrier, or similar freestanding wall elsewhere on a lot is ten (10) feet.

2.

Restricted Materials. In any location visible from the adjacent public right-of-way, no barbed wire, razor wire, or electrified wire shall be permitted as part of or attached to fences or walls, or attached to the exterior of any building or similar facility.

a.

Exceptions. Fences or walls shall be exempted from the above limitation on barbed wire, razor wire, or electrified wire where the Director of City Planning, or his or her designee, determines that it will increase safety and security or that trespassing could present a public safety hazard. The Director of City Planning, or his or her designee, is hereby authorized to institute standards consistent with this subsection to guide implementation of this exception.

D.

Industrial Zones. The provisions of this Subsection shall apply to all properties in all Industrial Zones (M, CIX, IG, IO, D-CE-5, D-CE-5, D-CE-6, D-CO-5, and D-CO-6 Zones).

1.

Height.

a.

The maximum height allowed by right of any fence, dense hedge, barrier, or similar freestanding wall located within ten (10) feet of the public right-of-way is eight (8) feet. A fence higher than eight (8) feet but no more than twelve (12) feet may only be permitted in these locations if installed with additional landscape screening and upon the granting of Design Review pursuant to the Design Review procedure in Chapter 17.136.

b.

The minimum height of any fence, dense hedge, barrier, or similar freestanding wall located within ten (10) feet of any abutting property in a Residential or Open Space Zone shall be eight (8) feet. Any fence, dense hedge, or barrier or similar freestanding wall higher than eight (8) feet but no more than twelve (12) feet may only be permitted in these locations if installed with additional landscape screening and upon the granting of Design Review pursuant to the Design Review procedure in Chapter 17.136.

c.

Any fence, dense hedge, barrier, or similar freestanding wall located elsewhere on a lot in an Industrial Zone may only be permitted to exceed twelve (12) feet in height if installed with additional landscape screening and upon the granting of Design Review pursuant to the Design Review procedure in Chapter 17.136.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13779, § 2(Exh. A), 1-16-2023; Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13596, § 2(Exh. A), 6-2-2020; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13302, § 5(Exh. C), 4-21-2015; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12553 § 3 (part), 2003)

A.

No retaining wall shall exceed six (6) feet in height, except in the following cases:

1.

Retaining walls flanking driveways that are nineteen (19) feet or less in width on lots with a street-to-setback gradient of twenty percent (20%) or more may exceed six (6) feet in height if both of the following provisos are met:

a.

The garage floor is at the highest possible elevation based on the maximum driveway slopes permitted by Subsection 17.116.260.A.; and

b.

The top of the retaining wall is no higher than necessary to retain the existing grade at the top of the wall.

2.

Retaining walls not flanking driveways may also exceed six (6) feet in height upon the granting of small project design review, pursuant to the small project design review procedure in Section 17.136.030 and if both of the following provisos are met:

a.

The top of the retaining wall is no higher than necessary to retain the existing grade at the top of the wall, and

b.

The retaining wall is located behind buildings, other permanent structures, or existing grade in such a manner as to visually screen the wall from adjacent lots, and from the street, alley, or private way providing access to the subject lot. Whenever buildings or other permanent structures on the subject lot block most, but not all, visibility of the retaining wall, dense landscaping shall be installed and maintained to screen the remaining views of the wall from adjacent lots, and from the street, alley, or private way providing access to the subject lot.

B.

Multiple retaining walls shall be separated by a distance of at least four (4) feet between the exposed faces of each wall.

C.

Retaining walls visible from the street or adjacent lots shall be surfaced with a decorative material, treatment or finish, such as stained or stuccoed concrete, decorative concrete block, wood, stone or masonry, or other decorative material, treatment or finish approved by the Director of City Planning. For purposes of this Section, "visible from the street or adjacent lots" refers to any portion of a wall that is not located behind buildings, other permanent structures, or existing grade in such a manner as to visually screen the wall from adjacent lots, and from the street, alley, or private way providing access to the subject lot.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13112, § 4(Exh. A), 4-30-2012)