Oakland City Council Considers Prohibiting ALL ADUs in Expanded Fire Zone
Update 6/9/2021 - the planning commission meeting took place and over 200 members of the public were in attendance. Over 60 of us spoke, the majority critical of the way the ADU ordinance is being updated. As a result, the planning commission delayed making a decision and asked staff to address the numerous questions that were raised. This is a temporary success but it does not ensure a specific final income. Share your project to get updates on Oakland ADU news.
Email the Oakland Planning Commission about this sudden change to ADU rules
You can email the city of Oakland right now (instructions at the bottom of this post) or attend the planning commission virtually on June 2nd.
The planning commission and city council take public opinion into account more than people realize.
If ten of us write in, they’re going to be scratching their heads wondering how many voters this affects, what local community organizations are going to get stirred up, etc.
So take a minute to copy/paste the email and send it to the Oakland Planning Commission and City Council. Instructions at the bottom of this email.
Now, here are the details… because that’s my thing!
Oakland may prohibit all ADUs for thousands of homeowners
Oakland (which is otherwise doing a pretty good job with ADU policy) is going down a pretty controversial road.
They currently have a thoughtful policy based around something they call the S-9 Fire Safety Protection Combining Zone. Rolls off the tongue, right?
This zone includes a lot of narrow roads and cul-de-sacs some within the state’s “Very High Fire Hazard Severity Zones” (another mouthful).
And they already have rules in place to prohibit new construction ADUs in the S-9. Which frankly, seems to me like a very reasonable way to balance public safety and housing.
But they’re suggesting two GIANT changes. And I don’t think the changes are legal.
It’s probably illegal - but they will do it unless they hear from YOU, the public
If you have an existing structure, whether you’re in the S-9 zone or not, the state says you can convert that existing structure into an ADU or JADU.
This has a natural cap on it because there are a finite number of existing structures in the S-9.
The state law is pretty clear and the HCD has written to folks at the city of Oakland in the past couple of years telling them that conversion ADUs aren’t subject to planning rules.
But here we are… they want to prohibit conversion ADUs in the S-9, AND they want to expand that prohibition to the entire “Very High Fire Hazard Severity Zone” (which I believe is about triple the area of the S-9).
But here’s the easiest way to convince the planning commission and the city council that we know the law better than they do. We write to them, in numbers.
Last time I asked you to write to the state senate, dozens of you wrote in and it made a big difference (we crushed that ADU setback bill in committee!)
Copy + Paste this email and send it to the following addresses, copying me!
Copy the email below, starting with “Planning Commissioners:”
Type your name at the bottom under where it says “Thank you,”
Send the email to the following email addresses:
ryan@how-to-adu.com, carrie@inspiredadus.com [Update: 12/22/2021 - Most of these emails have been removed from the blog post because there has been a lot of turnover on the PC, and the issue is now resolved]
Planning Commissioners:
cc: Planning Department and City Attorney's Office
Please be advised that the Proposed Amendments to the Oakland Planning Code Regulations Related to Accessory Dwelling Units (case ZA21006) includes a provision that contradicts state law. The city was already advised that ADUs created within existing structures do not require zoning clearance and that zoning requirements are not a basis for denying a ministerial building permit for such an ADU, even in very high hazard severity zones (Gov. Code Section 65852.2(a)(1)(A) & (B)).
I understand that the city of Oakland is balancing many factors including our need for housing and community safety, and I respect the diligent work included in the staff report on this ordinance.
Having said that, the city should adopt a policy that is in accordance with state law. The current ordinance will not be approved with this provision, and will cause a considerable waste of resources at the city and impact residents like me by preventing us from building while this gets resolved.
The city of Berkeley recently attempted to prohibit ADUs within existing spaces due to fire concerns and were forced after a lawsuit to retract their ordinance and comply with the state code.
At the same time, I recommend the city adopt a more common sense, pro-active approach to fire safety in congested roads like the S-9. This illegal restriction will not ameliorate the problem of traffic on our evacuation routes. What would address the problem:
-creating new parking restrictions on evacuation route corridors, limiting parking to one side of the street
-creating and enforcing rules for delivery and garage and construction vehicles that frequently double park and block access
-increase street width in evacuation areas
-increase pedestrian access ways to safe zones
-implement a yearly practice drill to evacuate and identify safety issues
I work with many homeowners in Oakland’s hazard zones and the S-9. Almost all of them are considering ADUs for themselves or a family member, and they share the city’s concern for fire safety. They also want a chance to create some housing security for their families.
I am asking that this item be postponed until it complies with state law. I also ask that the city create a committee to revamp its fire safety practices and policies in the Oakland hills.
If you proceed with this hearing, I also ask that this email be included in the staff report.
Thank you,
It’s that easy!
I added Laura Blair and Carrie Shores Diller who I’m collaborating with on this effort.
When will this change go into effect?
This has already been to the Zoning Update Committee in April. And because most of the people who turned up voiced their opposition to ADUs, the staff report EXPANDED its dubious prohibition.
On June 2nd, the staff will make a recommendation to the Planning Commission and if we don’t make our argument heard, then it will go before the city council and could become the law of the land for years before the HCD or the courts can bring the city back to compliance.
Don’t let that happen. Copy and paste that email today! And send this post to friends who care about housing or live in Oakland. Also feel free to amend the letter to reflect your own views.
Thanks for your support and involvement in the constantly developing A.D.Universe!
