Housing Projects Eligible for Faster, Streamlined Review

Faster Approval for Housing & Mixed-Use Projects!

Getting approval for your housing or mixed-use project is now much faster. Oakland needs more homes — and a lot of them — to reach our city’s goals and make living here more affordable. To review projects quickly and fairly, we have a new Ministerial Design Review process. This process looks at projects based on Objective Design Standards.

We are cutting approval times and making the application process easier. This “ministerial” review applies to market-rate single-family homes, multifamily buildings, and many types of affordable or mixed-income housing projects. Check your project type below to get started today!

APPLY TODAY!

Ready to apply? First, register and activate your account through our Online Permit Center. For help, watch the instructions on our Planning & Building Video Tutorials webpage. Then look at the project types below to get started.

Design Review Types for New Housing Projects

Design Review Types for New Housing	New Ministerial Design Review Under ODS (17.136.038)	New Regular Design Review Under ODS (17.136.050)	Regular (Discretionary) Design Review (17.136.040)
100% affordable housing	✔	N/A	N/A
Ministerial projects under state law: SB35, SB 684, AB 2162, SB 9, AB 2011, and others	✔	N/A	N/A
Projects within S-13 affordable housing combining zone (Code Chapter 17.95)	✔	N/A	N/A
Projects within S-14 housing sites combining zone that meet affordability requirements (Code Chapter 17.96)	✔	N/A	N/A
Projects of 30 or fewer market-rate or mixed income units that Do Not require a CUP, Variance, PUD, or Development Agreement	✔	N/A	N/A
Projects that do not qualify for the above ministerial process and Do Not require a CUP, Variance, PUD, or Development Agreement	N/A	✔	N/A
Projects that Require a CUP, Variance, PUD, or Development Agreement	N/A	N/A	✔

Projects Subject to Objective Design Standards

Objective design standards make it easier and faster to get approval for most housing and mixed-use projects. Check below to see which projects can apply and how to apply. Click here to see all of the checklists for the various types of Objective Design Standards.

Apply for 1 to 4 Family Housing or Mixed-Use Project

The following 1 to 4 family housing and mixed-use projects can now get faster "Ministerial" Design Review using Objective Design Standards:

Single-family homes, duplexes, triplexes, and fourplexes

Townhomes and other 1-4 unit housing projects

Additions or changes to an existing building that change the outside to make new units. If new units are created entirely inside the building, the project will go through Small Project Design Review instead (see Planning Code Section 17.136.030).

Additional Requirements:

If your project adds new units on a steep slope (more than 20%), you must use a licensed California architect.

For 1-4 unit projects, you do not need to notify nearby properties before applying for Ministerial Design Review (See Title 17 - Oakland Planning Code Section17.136.038.)

IMPORTANT NOTE:

Your project cannot need a Conditional Use Permit (CUP), Variance, Planned Unit Development (PUD), or Development Agreement (DA) to qualify for faster Ministerial Design Review.

Your project also cannot be one of the types listed in 17.136.038.A.5 that are not eligible for Ministerial Design Review.

For details, see the Applicability section in the 1 to 4 Family or Mixed-Use Project Objective Design Standards Guide and Checklist(PDF, 4MB). For guidance on applying for eligible projects, click on any of the links below.


Single Family Home	New Duplex

Additions & Conversion that Add New Units Outside Existing Building	Multi-Unit Residence (3-4 Units)

Apply for 1 to 3-Story Multifamily Housing or Mixed-Use Project

The following 1 to 3-story multifamily housing projects (5 or more units) and mixed-use projects can now get faster "Ministerial" Design Review using Objective Design Standards:

5-30 residential units (these do not need to be affordable)

100% affordable housing projects

Projects in the S-13 Affordable Housing Combining Zone and S-14 Housing Sites Combining Zone

Projects required by state law, including SB 35, SB 330, SB 684, AB 2162, SB 9, and AB 2011

Additional Requirements:

If your project adds more than 10 new units outside an existing building, or adds units on a slope over 20%, you must use a licensed California architect.

For projects with 1-30 units, you do not need to notify nearby properties before applying for Ministerial Design Review (See Title 17 - Oakland Planning CodeSection17.136.038.)

IMPORTANT NOTE:

Your project cannot need a Conditional Use Permit (CUP), Variance, Planned Unit Development (PUD), or Development Agreement (DA) to qualify.

Your project also cannot be one of the types listed in 17.136.038.A.5 that are not eligible.

If your project has 31 or more units and is not one of the types listed above (like 100% affordable, S-13, S-14, or state-required), and it does not need a CUP, Variance, PUD, or DA, it may go through Regular Design Review using Objective Design Standards. This process still reduces subjective decisions by the Planning Bureau.

Otherwise, your project must go through Regular (Discretionary) Design Review.

For details, see the Applicability section in the 1- to 3-Story Multifamily or Mixed-Use Objective Design Standards Guide and Checklist(PDF, 3MB). For guidance on applying for eligible projects, click on any of the links below.


100% Affordable Housing Projects, S-13 or S-14 Local Housing Zone, or State Law-Required Projects	Multi-Family Residential/Apartments, Mixed-Use, or Large Commercial Projects

Apply for 4 to 8-Story Multifamily Housing or Mixed-Use Project

The following 4 to 8-story multifamily housing projects (5 or more units) and mixed-use projects can now get faster "Ministerial" Design Review using Objective Design Standards:

Housing projects with 5-30 units (these do not need to be affordable)

100% affordable housing projects

Projects in the S-13 Affordable Housing Combining Zone and S-14 Housing Sites Combining Zone

Projects required by state law, including SB 35, SB 330, SB 684, AB 2162, SB 9, and AB 2011

Additional Requirements:

If your project adds more than 10 new units outside an existing building, or adds units on a slope over 20%, you must use a licensed California architect.

For projects with 1-30 units, you do not need to notify nearby properties before applying for Ministerial Design Review (See Title 17 - Oakland Planning Code Section17.136.038.) See pages 850-852 for additional information on Ministerial Design Review.

IMPORTANT NOTE:

Your project cannot need a Conditional Use Permit (CUP), Variance, Planned Unit Development (PUD), or Development Agreement (DA) to qualify.

Your project also cannot be one of the types listed in 17.136.038.A.5 that are not eligible.

If your project has 31 or more units and is not one of the types listed above (like 100% affordable, S-13, S-14, or state-required), and it does not need a CUP, Variance, PUD, or DA, it may go through Regular Design Review using Objective Design Standards. This process still reduces subjective decisions by the Planning Bureau.

Otherwise, your project must go through Regular (Discretionary) Design Review.

For details, see the Applicability section in the 4 to 8-Story Multifamily or Mixed-Use Project Objective Design Standards Guide and Checklist(PDF, 2MB). For guidance on applying for eligible projects, click on any of the links below.


100% Affordable Housing Projects, S-13 or S-14 Local Housing Zone, or State Law-Required Projects	Major Multi-Family Residential/Apartments, Mixed-Use, or Large Commercial Projects

Affordable Housing, Locally Zoned, & State Law-Eligible Projects

New state laws and local rules make it faster and easier to apply for and get approval for different types of housing projects

100% Affordable Housing Projects

Most affordable housing projects don’t have to go through the regular review process. Instead, they can use the faster Ministerial Design Review. To qualify, all housing units (except manager’s units) must be for very low-, low-, or moderate-income households. See Planning Code Section 17.136.038 for more details.

Additional Requirements:

If the project adds more than 10 new units outside an existing building, or

If any new units are on a slope steeper than 20%,
an architect licensed in California must be used.
For projects with 1–30 units, you do not have to notify nearby property owners before applying.

Project Application Submission

Submit a Zoning Worksheet through the Online Permit Center.*
Upload your completed Basic Application for Development Review and all required plans and documents.*
*If your project uses Objective Design Standards (ODS), upload your completed ODS checklist too.
A planner will review your submission.

S-13 Affordable Housing Combining Zone Projects

The S-13 zoning designation helps developers build and keep affordable housing. It is an optional local program that can be used instead of the State Density Bonus and Incentive Procedure. The S-13 Zone lets eligible affordable housing projects build taller buildings, relaxes some rules in certain zones, and removes limits on the number of housing units.

100% affordable housing projects in the S-13 Zone use the faster Ministerial Design Review if they follow all rules in Chapter 17.95 (S-13). Mixed-income projects (at least 20% lower income and 20% moderate income) on lots smaller than 15,000 square feet can also use Ministerial Design Review. The S-13 Zone does not apply to parcels in the S-9 Fire Safety Zone or sites with historic landmarks. See Oakland Planning Code Chapter 17.95. for more details.

Additional Requirements:

If the project adds more than 10 new units outside an existing building, or

If any new units are on a slope steeper than 20%,
an architect licensed in California must be used.
For projects with 1–30 units, you do not have to notify nearby property owners before applying.

Project Application Submission

Submit a Zoning Worksheet through the Online Permit Center.*
Upload your completed Basic Application for Development Review and all required plans and documents.*
*If your project uses Objective Design Standards (ODS), upload your completed ODS checklist too.
A planner will review your submission

S-14 Housing Sites Combining Zone Projects

The S-14 Housing Sites Zone covers all sites listed in the 2023–2031 Housing Element. It makes sure these sites are used for housing. Projects that help provide lower-income housing in Oakland can use the faster Ministerial Design Review. See Oakland Planning Code Chapter 17.96 for more information.

Additional Requirements:

If the project adds more than 10 new units outside an existing building, or

If any new units are on a slope steeper than 20%,
an architect licensed in California must be used.
For projects with 1–30 units, you do not have to notify nearby property owners before applying.

Project Application Submission

Submit a Zoning Worksheet through the Online Permit Center.*
Upload your completed Basic Application for Development Review and all required plans and documents.*
*If your project uses Objective Design Standards (ODS), upload your completed ODS checklist. If your project is not eligible for ODS, fill out the Regular Design Review Findings.
A planner will review your submission.

AB 2011 Multifamily Mixed Income Housing Projects on Commercial Corridors

Assembly Bill 2011 (2022) makes it faster to approve certain multifamily housing projects on sites currently zoned for commercial or retail uses. To qualify, projects must:

Pay standard wages to construction workers, and

Meet required Below Market Rate (BMR) affordable housing targets.

The law gives two options:

Projects that are 100% BMR, or
Mixed-income projects (usually 15% BMR) on designated “commercial corridors.”

Project Application Submission

Submit a Zoning Worksheet through the Online Permit Center.*
Upload your completed Basic Application for Development Review and the AB 2011 Affordable Housing and High Road Jobs Act Applicationc. Also upload all required plans and documents.*
*If your project uses Objective Design Standards (ODS), upload your completed ODS checklist. See guides and checklists above for details.
A planner will review your submission.

AB 2162 Multifamily Supportive Housing Projects

California Assembly Bill 2162 (2018) makes it faster to approve "supportive housing" projects, like transitional housing, in areas where multifamily housing is allowed. “By right” means these projects do not need a Conditional Use Permit or Variance. They are reviewed only using Objective Design Standards

Project Application Submission

Submit a Zoning Worksheet through the Online Permit Center.*
Upload your completed Basic Application for Development Review and all required plans and documents.*
*If your project uses Objective Design Standards (ODS), upload your completed ODS checklist. If your project is not eligible for ODS, fill out the Regular Design Review Findings.
A planner will review your submission.

SB 4 Projects Pursuant to Affordable Housing on Faith Lands Act

Senate Bill 4 (2023) makes it easier for religious groups and nonprofit colleges to build affordable housing on their property, even if local zoning rules usually don’t allow it. Projects get “by right” approval if they follow all local objective design standards and environmental rules. For more details, see the Nonprofit Housing Association of Northern CA SB 4 Fact Sheet.

Project Application Submission

Submit a Zoning Worksheet through the Online Permit Center.*

Upload your completed Basic Application for Development Review and all required plans and documents.*

*If your project uses Objective Design Standards (ODS), upload your completed ODS checklist. If your project is not eligible for ODS, fill out the Regular Design Review Findings.

A planner will review your submission.

SB 9 Two-Unit Residential Development and Parcel Subdivisions

Senate Bill 9 (2021) makes it easier to build on single-family lots. It allows you to:

Build two homes on a single-family lot, and/or
Split a single-family lot into two separate lots so you can have a single home or two homes on each new lot.

For more information about which projects qualify and how to apply, see the SB 9 project application webpage.

SB 35/SB 423 Streamlined Housing Projects

Senate Bill 35 (2017), updated by SB 423 (2023), makes it faster for Oakland to review certain housing projects. Projects must follow Objective Design Standards, include the right amount of affordable housing, and meet other rules from Government Code section 65913.4. The exact amount of affordable housing depends on how close the city is to meeting its housing goals, as determined by the State Housing and Community Development Department. More info is on the State HCD webpage.

STEP ONE: Pre-Application Submission

Submit a Zoning Worksheet through the Online Permit Center.*
You’ll log in first before submitting.
Upload your completed Notice of Intent Pre-application for Streamlined Housing Development Review (SB 35).
If applying with SB 330, also upload the Vesting Preliminary Housing Development Application (SB 330).
If your project uses Objective Design Standards (ODS), include the completed ODS checklist.
A planner will review your submission.
Note: You must consult local native tribes (see next step).

STEP TWO: Tribal Consultation

The Planning Bureau will notify local tribes within 30 days of your Notice of Intent.
Tribes have 30 days to decide if they want to consult on your project.
If they agree, consultation starts to reach development agreements. There’s no set timeline.
If tribes don’t respond in 30 days, a planner will tell you when to move to the next step.

STEP THREE: Project Application Submission

Submit a new Zoning Worksheet through the Online Permit Center.*
Upload your completed Basic Application for Development Review. Check the "SB 35 Streamlining" box on page 1.
Upload all required plans and documents.
A planner will review your submission.

SB 684 Small Sites Residential Development and Parcel Subdivision

Senate Bill 684 (2023) makes it faster to approve housing projects that divide a parcel into 10 or fewer lots and build up to 10 homes on that site. Projects must include a plan to subdivide an existing parcel and follow all site rules and objective design and development standards.

Project Application Submission

Submit a Zoning Worksheet through the Online Permit Center.*
You’ll log in first before submitting.
Upload your completed Basic Application for Development Review and the SB 684 Supplemental Application.
Upload all required plans and documents.
If your project uses Objective Design Standards (ODS), include the completed ODS checklist.
A planner will review your submission.

What's Next?

Once we get your application and enter it into our system, we will review your plans. If corrections are needed or we need more information, we will contact you. If your plans are approved, we will contact you to about the next steps for your permit(s). For the current processing estimates, please see our Average Permit Processing Turnaround Times webpage.

Questions?

Call (510) 238-3911 or schedule an appointment with our friendly Permit Counter staff during open hours.

Legend of Terms

Ministerial: A process for project approval with little or no judgment needed from city staff or officials.

Planning Code 17.136.038 – Ministerial Design Review

A. Applicability
The following projects must go through Ministerial Design Review:

Projects eligible for By Right Residential Approval under Planning Code Chapters 17.95 or 17.96.

Affordable Housing projects where 100% of units (except manager’s units) are for very low-, low-, or moderate-income households, and not on landmark or restricted sites.

Residential projects required by state law to have ministerial review, including:

SB 35: Streamlined approval for affordable housing.

SB 684: Up to 10 new homeownership units.

AB 2162: Supportive housing.

SB 9: Two-lot approval.

AB 2011: Affordable housing streamlining.

Projects not needing Conditional Use Permits, Variances, Planned Unit Developments, or Development Agreements, with no more than 30 new units outside existing buildings (excluding ADUs).

Not Eligible:

Projects accessed by Panoramic Way/Place, Dwight Way/Place, or Bancroft Place.

Single-family dwellings in endangered species habitats.

Projects on City/State landmarks or S-7/S-20 Zones.

B. Procedures

Projects that qualify do not need discretionary approvals and are not subject to CEQA.

Applicants must notify nearby property owners within 300 feet before applying, except for projects with 30 or fewer units.

Projects must follow the Equitable Climate Action Plan (ECAP) using an ECAP Consistency Checklist.

No public hearing is required.

Standard conditions of approval apply.

The Director’s decision is final and cannot be appealed.

C. Design Review Criteria

The City does not use subjective judgment.

Approval is granted if the project follows property development standards and objective design standards, including S-13 and S-14 Combining Zones if applicable.

The City keeps a public list of all applicable objective design standards.

Oakland By Right:

“By Right Residential Approval” is a ministerial process where the City applies development and objective design standards without subjective judgment.

State By Right:

Local government review may not require discretionary approvals like Conditional Use Permits or Planned Unit Development permits.