Housing Projects Eligible for Faster, Streamlined Review

The following 1 to 4 family housing and mixed-use projects are now eligible for faster "Ministerial" Design Review using Objective Design Standards!

1. Single-Family Homes, Duplexes, Triplexes, and Fourplexes
2. Townhomes and other 1-4 unit housing projects
3. Additions or conversions to an existing building that alter the exterior building envelope to create new dwelling units. If a project creates additional units that are entirely within an existing building, the project will go through Small Project Design Review instead, see Planning Code Section 17.136.030.

Additional Requirements: All applications for Design Review involving the creation of one or more new dwelling units with a building footprint slope that exceeds 20% shall utilize an architect licensed by the State of California. In addition, for Ministerial Design Review projects of 1-4 units, the applicant is not required to give notice of intention to apply for Ministerial Design Review to nearby properties. See Title 17 - Oakland Planning Code Section 17.136.038.

IMPORTANT NOTE: To be eligible for faster "Ministerial" Design Review, your project must NOT require a Conditional Use Permit (CUP), Variance, Planned Unit Development (PUD), or Development Agreement (DA). Otherwise, your project must go through Regular (Discretionary) Design Review. In addition, your project must not fall into one of the project categories 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, 2MB). 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)

The following 1 to 3-story multifamily housing (5+ units) and mixed-use projects are now eligible for faster "Ministerial" Design Review using Objective Design Standards!

• 5-30 residential units (they do not need to be affordable)
• 100% affordable housing projects
• S-13 Affordable Housing Combining Zone and S-14 Housing Sites Combining Zone projects
• SB 35, SB 330, SB 684, AB 2162, SB 9, and AB 2011 state-required projects

Additional Requirements: All applications for Design Review involving: a) the creation of more than ten (10) new dwelling units outside any existing building envelope, excluding any permitted Accessory Dwelling Units, or b) the creation of one or more new dwelling units with a building footprint slope that exceeds twenty percent (20%) shall utilize an architect licensed by the State of California. In addition, for Ministerial Design Review projects of 1-30 units, the applicant is not required to give notice of intention to apply for Ministerial Design Review to nearby properties. See Title 17 - Oakland Planning Code Section 17.136.038.

IMPORTANT NOTE: To be eligible for faster "Ministerial" Design Review, your project must NOT require a Conditional Use Permit (CUP), Variance, Planned Unit Development (PUD), or Development Agreement (DA). In addition, your project must not fall into one of the project categories listed in 17.136.038.A.5 that are not eligible for Ministerial Design Review.

If your project has 31 or more units but is not any of the bulleted project types above (such as 100% affordable, S-13, S-14, or state-required project) and has none of the above-listed conditions (CUP, Variance, PUD, or DA), it may go through Regular Design Review using Objective Design Standards, which still eliminates subjective discretion 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, 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	Multi-Family Residential/Apartments, Mixed-Use, or Large Commercial Projects

The following 4 to 8-story multifamily housing (5+ units) and mixed-use projects are now eligible for faster "Ministerial" Design Review using Objective Design Standards!

• Housing projects with 5-30 residential units (they do not need to be affordable)
• 100% affordable housing projects
• S-13 Affordable Housing Combining Zone and S-14 Housing Sites Combining Zone by-right review
• SB 35, SB 330, SB 684, AB 2162, SB 9, and AB 2011 state-required projects

Additional Requirements: All applications for Design Review involving: a) the creation of more than ten (10) new dwelling units outside any existing building envelope, excluding any permitted Accessory Dwelling Units, or b) the creation of one or more new dwelling units with a building footprint slope that exceeds twenty percent (20%) shall utilize an architect licensed by the State of California. In addition, for Ministerial Design Review projects of 1-30 units, the applicant is not required to give notice of intention to apply for Ministerial Design Review to nearby properties. See Title 17 - Oakland Planning Code Section 17.136.038.

IMPORTANT NOTE: To be eligible for faster "Ministerial" Design Review, your project must NOT require a Conditional Use Permit (CUP), Variance, Planned Unit Development (PUD), or Development Agreement (DA). In addition, your project must not fall into one of the project categories listed in 17.136.038.A.5 that are not eligible for Ministerial Design Review.

If it has 31 or more units but is not any of the bulleted project types above (such as 100% affordable, S-13, S-14, or state-required project) and has none of the above-listed conditions (CUP, Variance, PUD, or DA), it may go through Regular Design Review using Objective Design Standards, which still eliminates subjective discretion 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, 1MB). 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

With exception for projects proposed on certain historic designated properties, projects for affordable housing are not subject to Regular Design Review and are instead subject to Ministerial Design Review. To qualify, one hundred percent (100%) of the housing units, other than manager’s units, must be restricted to very low-, low-, and moderate-income households. See Planning Code Section 17.136.038, Projects subject to Ministerial Design Review.

Additional Requirements: All applications for Design Review involving: a) the creation of more than ten (10) new dwelling units outside any existing building envelope, excluding any permitted Accessory Dwelling Units, or b) the creation of one or more new dwelling units with a footprint slope that exceeds twenty percent (20%) shall utilize an architect licensed by the State of California. In addition, for Ministerial Design Review projects of 1 – 30 units the applicant is not required to give notice of intention to apply for Ministerial Design Review to nearby properties.

Project Application Submission

• Submit a Zoning Worksheet through our Online Permit Center*
  * NOTE: You will be taken to our login page first before you can submit a Zoning Worksheet
• In the Worksheet, upload your completed Basic Application for Development Review. Also, upload all required plans and related documents as instructed.*
  * SPECIAL NOTE: If your project is subject to Objective Design Standards (ODS), you must also upload your completed ODS checklist as applicable. See above for eligible types and relevant guides and checklists.
•  A planner will review your submission

The S-13 zoning designation is an overlay zone meant to facilitate the development and preservation of affordable housing. The S-13 Affordable Housing Combining Zone is an optional local incentive program that developers can utilize (instead of the State Density Bonus and Incentive Procedure). The S-13 Combining Zone allows 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 go through Ministerial Design Review (as defined in Oakland Planning Code Section 17.136.038) if it meets all the standards set forth in Chapter 17.95 (S-13) in place of the requirements otherwise applicable in the base zones. Ministerial Design Review is also available under the S-13 Zone for mixed-income proposals (at least 20% lower income and at least 20% moderate income) on parcels that are less than 15,000 square feet. The S-13 Zone is not applicable to parcels in the S-9 Fire Safety Protection Combining Zone, and parcels with Designated City, State, and National Historic Landmarks. For more information, see Oakland Planning Code Chapter 17.95.

Additional Requirements: All applications for Design Review involving: a) the creation of more than ten (10) new dwelling units outside any existing building envelope, excluding any permitted Accessory Dwelling Units, or b) the creation of one or more new dwelling units with a footprint slope that exceeds twenty percent (20%) shall utilize an architect licensed by the State of California. In addition, for Ministerial Design Review projects of 1 – 30 units the applicant is not required to give notice of intention to apply for Ministerial Design Review to nearby properties.

Project Application Submission

• Submit a Zoning Worksheet through our Online Permit Center*
  * NOTE: You will be taken to our login page first before you can submit a Zoning Worksheet
• In the Worksheet, upload your completed Basic Application for Development Review. Also, upload all required plans and related documents as instructed.*
  * SPECIAL NOTE: If your project is subject to Objective Design Standards (ODS), you must also upload your completed ODS checklist as applicable. See above for eligible types and relevant guides and checklists.
• A planner will review your submission

The S-14 Housing Sites Combining Zone applies to all sites identified on the housing sites inventory included in the 2023-2031 Housing Element, to ensure that sites within the S-14 Zone are developed with residential uses. Projects that help meet Oakland’s needs for lower income housing are eligible to receive Ministerial Design Review (as defined in Oakland Planning Code Section 17.136.038). For more information, see Oakland Planning Code Chapter 17.96.

Additional Requirements: All applications for Design Review involving: a) the creation of more than ten (10) new dwelling units outside any existing building envelope, excluding any permitted Accessory Dwelling Units, or b) the creation of one or more new dwelling units with a footprint slope that exceeds twenty percent (20%) shall utilize an architect licensed by the State of California. In addition, for Ministerial Design Review projects of 1 – 30 units the applicant is not required to give notice of intention to apply for Ministerial Design Review to nearby properties.

Project Application Submission

• Submit a Zoning Worksheet through our Online Permit Center*
  * NOTE: You will be taken to our login page first before you can submit a Zoning Worksheet
• In the Worksheet, upload your completed Basic Application for Development Review. Also, upload all required plans and related documents as instructed.*
  * SPECIAL NOTE: If your project is subject to Objective Design Standards (ODS), you must also upload your completed ODS checklist as applicable. See above for eligible types and relevant guides and checklists. If your project is not eligible for ODS, you will need to fill out the Regular Design Review Findings.
• A planner will review your submission

Assembly Bill 2011 (2022) creates a streamlined ministerial approval process for qualifying multifamily housing projects on sites currently zoned for commercial or retail uses. Eligible projects must pay prevailing wages to construction workers and meet specified Below Market Rate (BMR) affordable housing targets. The legislation provides two distinct options: one for 100 percent BMR projects and a second for mixed-income (typically 15 percent BMR) projects located specifically on "commercial corridors."

Project Application Submission

• Submit a Zoning Worksheet through our Online Permit Center*
  * NOTE: You will be taken to our login page first before you can submit a Zoning Worksheet
• In the Worksheet, upload your completed Basic Application for Development Review and your completed AB 2011 Affordable Housing and High Road Jobs Act Application. Also, upload all required plans and related documents as instructed.*
  * SPECIAL NOTE: If your project is subject to Objective Design Standards (ODS), you must also upload your completed ODS checklist as applicable. See above for eligible types and relevant guides and checklists.
• A planner will review your submission

California Assembly Bill 2162 (2018) streamlines and expedites the approval of "supportive housing" developments (such as transitional housing) to be approved "by right" in zones where multifamily is permitted. "By right" means applicable developments cannot be required to obtain a Conditional Use Permit or Variance and can only be reviewed against Objective Design Standards. Read more about AB 2162 project eligibility requirements.

Project Application Submission

• Submit a Zoning Worksheet through our Online Permit Center*
  * NOTE: You will be taken to our login page first before you can submit a Zoning Worksheet
• In the Worksheet, upload your completed Basic Application for Development Review. Also, upload all required plans and related documents as instructed.*
  * SPECIAL NOTE: If your project is subject to Objective Design Standards (ODS), you must also upload your completed ODS checklist as applicable. See above for eligible types and relevant guides and checklists.
• A planner will review your submission

Senate Bill 4 (2023) provides a streamlined process for religious organizations and nonprofit colleges to develop affordable housing on their property regardless of local zoning restrictions. "By right" approval is guaranteed for projects as long as they are consistent with all local objective design standards and comply with listed environmental protections. For further information, please review the Nonprofit Housing Association of Northern CA SB 4 Fact Sheet.

Project Application Submission

• Submit a Zoning Worksheet through our Online Permit Center*
  * NOTE: You will be taken to our login page first before you can submit a Zoning Worksheet
• In the Worksheet, upload your completed Basic Application for Development Review. Also, upload all required plans and related documents as instructed.*
  * SPECIAL NOTE: If your project is subject to Objective Design Standards (ODS), you must also upload your completed ODS checklist as applicable. See above for eligible types and relevant guides and checklists.
• A planner will review your submission

Senate Bill 9 (2021) provides a ministerial approval process for single-family residential zoned lots to 1) approve two residential units on a single-family lot and/or 2) subdivide a single-family parcel into two separate lots, enabling the creation of either a single-family home or two residential units on each resulting parcel. Read more about SB 9 project eligibility and application requirements.

Visit our SB 9 project application webpage

Senate Bill 35 (2017), recently expanded and extended via SB 423 (2023), requires the City of Oakland to review qualifying housing development projects using a streamlined ministerial review process. Eligible projects must comply with Objective Design Standards, provide specified levels of affordable housing, and meet other specific requirements detailed in Government Code section 65913.4. The level of affordable housing required is dependent on the City’s progress toward meeting its housing targets, as determined by the State Housing and Community Development Department. Determination information can be found on the State HCD webpage.

STEP ONE: Pre-Application Submission

• Submit a Zoning Worksheet through our Online Permit Center*
  * NOTE: You will be taken to our login page first before you can submit a Zoning Worksheet
• In the Worksheet, upload your completed Notice of Intent Pre-application for Streamlined Housing Development Review (SB 35).
  * NOTE: If you are applying in conjunction with SB 330, also upload your completed Vesting Preliminary Housing Development Application (SB 330).
  * SPECIAL NOTE: If your project is subject to Objective Design Standards (ODS), you must also upload your completed ODS checklist as applicable. See above for eligible types and relevant guides and checklists.
• A planner will review your submission
• Please note that consultation with local native tribes around your project is required (see next step)

STEP TWO: Tribal Consultation

• The Planning Bureau will notify local tribes of your proposed project within 30 days of receiving your Notice of Intent
• Contacted tribes will have 30 days to decide whether to engage in consultation around the project
• If contacted tribes choose to engage, the consultation process will commence with the goal of reaching development agreement(s) with those tribes as part of the project approval process. There is no set time period within which such consultation must take place.
• If contacted tribes do not respond within 30 days, a Planner will contact you about when to proceed to the next step

STEP THREE: Project Application Submission

• Submit a new Zoning Worksheet through our Online Permit Center*
  * NOTE: You will be taken to our login page first before you can submit a Zoning Worksheet
• In the Worksheet, upload your completed Basic Application for Development Review. Be sure to mark the "SB 35 Streamlining" checkbox on page 1. Also, upload all required plans and related documents as instructed.
• A planner will review your submission

Senate Bill 684 (2023) provides a ministerial approval process for housing development projects that include the subdivision of a parcel into 10 or fewer lots and the construction of up to 10 residential units on that site . Eligible projects must include a proposal to subdivide an existing parcel and must comply with site criteria and objective design and development standards.

Project Application Submission

• Submit a Zoning Worksheet through our Online Permit Center*
  * NOTE: You will be taken to our login page first before you can submit a Zoning Worksheet
• In the Worksheet, upload your completed Basic Application for Development Review and your completed SB 684 Supplemental Application. Also, upload all required plans and related documents as instructed.*
  * SPECIAL NOTE: If your project is subject to Objective Design Standards (ODS), you must also upload your completed ODS checklist as applicable. See above for eligible types and relevant guides and checklists.
• A planner will review your submission