Article VI — Residential Facilities

Multifamily Dwelling Residential Facilities.

The following regulations shall apply to the construction, establishment, or alteration of Accessory Dwelling Units (ADUs), as those dwelling unit types are defined in Chapter 17.09:

A.

Regulations Applying to All Accessory Dwelling Units.

Ministerial Approval. An application for an Accessory Dwelling Unit (ADU) shall be granted ministerial approval when it complies with all applicable zoning regulations, including, but not limited to, all provisions in this Section (17.103.080) and in Planning Code Chapter 17.88, unless the application is part of a proposal that separately requires discretionary review; in which case, the review time for the ADU application can be extended to coincide with the review time of the associated discretionary permit.

No Short-Term Rental of ADUs. Rental of an ADU shall only be for terms of longer than thirty (30) consecutive days.

Sale of Unit. An Accessory Dwelling Unit shall not be sold separately from the primary Residential Facility on the same lot unless otherwise permitted under State law, and except for under the provisions outlined in Government Code Section 65852,26.

Replacement Parking. If a covered or uncovered parking space is removed to construct an Accessory Dwelling Unit, no replacement parking is required.

Compliance with all Code and Permit Requirements Imposed by other Applicable City Departments. Unless specified otherwise in local code or State law, an Accessory Dwelling Unit shall comply with all code and permit requirements imposed by other applicable City departments, including, but not limited to, the requirement for a building permit.

Permitted Locations for ADUs. Subject to restrictions set forth in Chapter 17.88 and Section 17.103.080(A) (8) of this Chapter, ADUs are permitted on lots in zoning districts that permit Permanent Residential Activities, and in conjunction with an existing or proposed primary Residential Facility.

Restriction of ADUs in Certain Locations Based on Traffic Flow and Public Safety.

See Chapter 17.88 for limitations on ADUs in the S-9 Fire Safety Protection Combining Zone.

Development of ADUs is restricted with certain exceptions specified in Chapter 17.88 to one interior conversion Category One ADU within the existing envelope of a primary structure or one Junior Accessory Dwelling Unit (Junior ADU or JADU) per One-Family, Two- to Four-Family, or Multifamily lot. See the S-9 Fire Safety Protection Combining Zone Map Overlay ("Overlay Zone") Map to determine if the lot where the ADU is proposed is within the S-9 Zone.

Kitchens. Each ADU and JADU shall have a kitchen that is independent from the primary Residential Facility, and includes all of the following: A sink, cooking facility with appliances, a food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the dwelling unit. A JADU is required to contain at least an efficiency kitchen, which shall include a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

Entrance for ADU and JADU. A separate exterior entrance that is independent from the primary Residential Facility is required for each ADU and JADU. When feasible, an exterior stairway proposed to serve an ADU or JADU on a second story or higher shall not be visible from the front public right-of-way.

Objective Design Standards for Properties Listed in the California Register of Historic Resources.

a.

Attached and detached Category Two and/or converted Category One ADUs located at the front or side of a main building and visible from the front public right-of-way shall incorporate the same roof pitch, visually matching exterior wall material, and predominant door and window trim, sill, recess, and style as the primary dwelling structure, with an option of approving different finishes or styles through the Small Project Design Review process as set forth in Section 17.136.030. ADUs of these types that are located to the rear of a main building are not subject to this design standard or alternative review process.

b.

Attached or detached garages located to the front or side of a main building and converted to ADUs shall replace the garage doors with visually similar exterior wall materials, and door and window trim as the primary Residential Facility, with an option of approving different finishes or styles through the Small Project

Design Review process as set forth in Section 17.136.030. Attached or detached garages located to the rear of a main building and converted to ADUs are not subject to this design standard or alternative review process.

c.

This subsection 10 does not apply to ADUs built pursuant to California Government Code § 66323.

Balconies and Decks. Category Two ADUs and Category One ADU conversions that include expansion of existing building envelope shall not contain upper story balconies, decks, or rooftop terraces if the proposed elements do not meet the established requirements of the underlying zone.

California Register Properties and Districts, For ADUs proposed for California Register Property as defined in Section 17.09.040, the following shall apply:

a.

Placement of an ADU in front of a main building on a California Register Property is only allowed if the lot conditions or requirements preclude an ADU of a minimum allowed size (established by Tables 17.103.01 and 17.103.02) anywhere else on the lot.

b.

Any new attached or detached ADU on a California Register Property shall be located in the following order of preference:

i.

First, behind the main structure;

ii.

Next, to the side of the main structure;

iii.

Last, in front of the main building.

c.

A consultation with Historic Preservation Staff is required for Category One and/or Category Two ADUs on a California Register Property visible from the public right-of-way. Such consultation shall not preclude the need for ministerial approval of an ADU that meets the standards of Government Code Section 65852.2(e). The Planning Director, or his or her designee, is authorized to develop objective design standards for the development of ADUs in historic districts or on a California Register Property to ensure preservation of historic resources.

d.

This subsection 12 does not apply to ADUs built pursuant to California Government Code § 66323.

Planned Unit Developments (PUDs). ADUs proposed on Planned Unit Developments (PUDs) must comply with requirements of Chapter 17.142 and Section 17.103.080.

Planning Code Amnesty and Enforcement Delay of Building Code for ADUs that Do Not Have Prior Planning or Building Approval.

a.

Existing Accessory Dwelling Units built and occupied without prior Planning or Building approval shall be referred to in this Section as "Unpermitted Accessory Dwelling Units."

b.

The owner of an Unpermitted Accessory Dwelling Unit has a right to request: (1) amnesty from any violation of a zoning standard under the Planning Code if the Unpermitted Accessory Dwelling Unit was established and occupied prior to January 1, 2021; and (2) delay in enforcement of the Building Code, and local amendments thereof, as adopted under O.M.C. Title 15 if the Unpermitted Accessory Dwelling Unit was built prior to the effective date of this Section.

c.

The Planning Code amnesty and enforcement delay programs provided in this Section are available to any property owner whose Unpermitted Accessory Dwelling Unit meets the program requirements provided within this Section. The City shall not deny a permit for an unpermitted ADU that was constructed prior to January 1, 2021 due to either of the following: (1) the ADU is in violation of the building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, or (2) the ADU does not comply with Section 65852.2 or any local ordinance regulating ADUs. However, a local agency may deny a permit for an Accessory Dwelling Unit if the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure.

d.

Until January 1, 2030, any notice to correct a violation of any provision of the Planning or Building Code building standards pursuant to Oakland Municipal Code (O.M.C.) Titles 15 or 17 that is issued to an owner of an Unpermitted Accessory Dwelling Unit built before the effective date of this Section shall contain a statement that the owner of the Unpermitted Accessory Dwelling Unit has a right to request: (1) amnesty from any violation of a zoning standard under the Planning Code that would preclude the preservation of an Unpermitted Accessory Dwelling Unit that was established and occupied prior to January 1, 2021; and (2) delay in enforcement of the Building Code, and local amendments thereof, as adopted under O.M.C. Title 15 if the Unpermitted Accessory Dwelling Unit was built prior to the effective date of this Section. Said

notice shall also inform the owner that any penalties arising out of any zoning or building violations shall be waived leading up to the zoning amnesty and during the term of the Building Code enforcement delay. The applicant shall bear the burden of proof in establishing the date when the Unpermitted Accessory Dwelling Unit was established and occupied for the Planning Code amnesty program, or when the building was built for the Building Code enforcement delay.

e.

The owner of an Unpermitted Accessory Dwelling Unit that can provide suitable proof that said unit was established and occupied prior to January 1, 2021 may, in the form and manner prescribed by the Planning and Building Director or his or her designee, submit an application to the Planning and Building Director or his or her designee requesting that the Unpermitted Accessory Dwelling Unit obtain amnesty from any violation of the City's zoning standards that would preclude the preservation of the Unpermitted Accessory Dwelling Unit. In addition, the owner of said unit may also request delay in enforcement of a Building Code violation if the Unpermitted Accessory Dwelling Unit was built prior to the effective date of this Section. The Building Code enforcement delay shall be for a period of no more than five (5) years on the basis that correcting the violation is not necessary to protect the public health and safety.

f.

The applicant's amnesty request to resolve violations of zoning standards shall be processed as specified in Planning Code Chapter 17.136, but shall not be available to Unpermitted Accessory Dwelling Units: (1) that are located in the City's S-9 Zone; or (2) where the owner cannot establish that the Unpermitted Accessory Dwelling Unit was established and occupied prior to January 1, 2021.

g.

The Planning and Building Director or his or her designee shall grant the owner's Building Code enforcement delay request if the Planning and Building Director or his or her designee determines that correcting the Building Code violation is not necessary to protect the public health and safety. In making this determination, the Planning and Building Director or his or her designee shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Government Code Section 13146.

h.

Any Building Code enforcement delay shall remain in effect no later than January 1, 2035, and as of that date is repealed.

B.

Property Development Standards applying to One-Family ADUs. Table 17.103.01 below describes the property development standards which apply to the specified types of One-Family ADUs. The different types of ADUs are defined in Chapter 17.09. The number designations in the "Notes" column refer to the regulations listed at the end of the Table. "N/A" designates the standard is not applicable to the specified ADU type.

Table 17.103.01: Property Development Standards applying to One-Family ADUs

Development Standards Types of One-Family ADUs Notes

Junior ADU One-Family ADU One-Family ADU
Category 1 Category 2

Maximum Number 1 per lot 1 per lot 1 per lot 1

Minimum Size (in square feet [sf.] Floor Area Must meet, at a Must meet, at a Must meet, at a 2 minimum, minimum, minimum, Efficiency Unit Efficiency Unit Efficiency Unit Building Code Building Code Building Code Standards Standards Standards

Maximum Size 500 sf. N/A. Size is For detached: 3, 4 limited by 850 sf. for studio existing building or 1-bedroom. envelope plus 1,000 sf. for 2- 150 sf. For bedroom or more ingress and For attached: egress. Whichever is greater: (A) 850 sf. for studio or 1-bedroom, and 1,000 sf. for a 2- bedroom or more; or (B) 50% of floor area of primary residence, but shall not exceed 1,200 sf.

Expansion for Egress and Ingress N/A Maximum N/A 4, 5 allowed = 150 sf.

Maximum Height N/A Established by The height shall 5, 6 the development not exceed 20 standards of the feet unless the underlying zoning ADU meets the district setback requirements of the underlying zone. In this case, the maximum height is controlled by the underlying zoning district regulations, but in no case shall the maximum height be less than 16 feet.

Side and Rear Setbacks N/A N/A 4 feet or the 5, 6 regularly required setback,

whichever is less, but in no case shall the setback be less than 3 feet from the side or rear lot line.

Front Setback Established by the development standards of the 5, 6 underlying zoning district, except when lot conditions preclude creating one ADU of no more than 850 sf. and no more than 18 feet in height anywhere else on the lot.

Lot Coverage, Rear Setback Coverage, Floor New ADUs must be consistent with the regulations 5, 6 Area Ratio (FAR) contained in the underlying zone, except the following shall be permitted regardless of these requirements:

(A) One JADU; and (B) One ADU of no more than 850 sf. that is no more than

18 feet in height with at least 4-foot side and rear yard setbacks.

Open Space No new open space required. 5, 6

Parking for ADUs None required None required if located: a) within ½- 6, 7 mile walking distance of a public transit stop; b) on any lot within a City of Oakland Area of Primary Importance (API) or Secondary Importance (ASI), as defined in the General Plan's Historic Preservation Element; c) in areas where parking permits are required but not offered to occupants of ADUs; or d) where there is a carshare vehicle within one block of the ADU, or e) when the ADU is part of the proposed or existing primary residence or an accessory structure.

Otherwise: One space per ADU,

which can be tandem.

Owner Occupancy Owner must N/A N/A 8 occupy the JADU or the primary residence.

Bathroom May have private Must contain their own private 9 bathroom; or bathroom facilities. bathroom facilities may be shared with the primary Residential Facility.

Notes for Table 17.103.01:

1.  A homeowner may create one Category One ADU, one Category Two ADU, and one JADU, in any order, totaling up to three (3) units.

2.  At least a minimum square footage that permits an Efficiency Dwelling Unit as defined in the California Building Code.

3.  The maximum size is inclusive of any allowed expansion of existing building envelope of up to one hundred fifty (150) square feet for the purpose of ingress and egress. For a Category 1 ADU, expansion of an existing structure that is greater than one hundred fifty (150) square feet, the maximum total size, inclusive of the addition is eight hundred fifty (850) square feet. For a studio or one-bedroom or one thousand (1,000) square feet. For two-bedroom or more and the expansion must meet the setbacks.

4.  For demolition of an existing accessory structure that is reconstructed in the same location and to the same dimensions, there is an allowed addition for ingress and egress of up to one hundred fifty (150) square feet. For demolitions of an existing accessory structure that is reconstructed in the same location and expanded beyond one hundred fifty (150) square feet, the entire structure must be built in compliance with setbacks for Category Two ADU.

5.  If the ADU requires an expansion of up to one hundred fifty (150) square feet for the exclusive purpose of accommodating ingress and egress to the ADU, such expansion may not: (a) exceed a height of eighteen (18) feet, except if the underlying zone permits.

6.  One-Family Category One ADUs and JADUs are allowed even if the existing facility to be converted or rebuilt does not meet the underlying zone's current development standards, such as height limits, floor area ratios, lot coverage or setbacks.

7.  For replacement parking regulations, see 17.103.080(A)(4).

8.  Owner occupancy is not required if the owner is another governmental agency, land trust, or nonprofit housing organization.

9. If JADU shares bathroom with the primary Residential Facility, an internal connection must be provided.

C.

Property Development Standards applying to ADUs for Two- to Four-Family and Multifamily Facilities. Table 17.103.02 below, describes the property development standards, which apply to the types of ADUs permitted with Two- to Four-Family and Multifamily Facilities. The different types of ADUs are defined in Chapter 17.09. The number designations in the "Notes" column refer to the regulations listed at the end of the Table. "N/A" designates the standard is not applicable to the specified ADU type.

Table 17.103.02: Property Development Standards applying to Two- to Four-Family and Multifamily ADUs

Development Standards Types of Two- to Four-Family ADUs Notes

Category 1 ADU Category 2 ADU Category 3 ADU
for Existing Two- for Existing and for Existing and
to Four-Family Proposed Two- Proposed Two-

and Multifamily to Four-Family to Four-Family Buildings and Multifamily and Multifamily Buildings Buildings

Maximum Number 1 or up to 25% of Existing Two- to Only 1 per lot. 1, 2, 3 existing units Four-Family or whichever is Multifamily greater per Two- Facility: No more to Four-Family or than 8 per lot. Multifamily   Facility. For the Proposed Two- purposes of the to Four-Family or 25% limitation, a Multifamily unit is considered Facility: No more existing if it has than 2 per lot. received its certificate of occupancy.

Minimum Size (Floor Area) Must meet, at a minimum, Efficiency Unit Building Code 4 Standards

Maximum Size For Interior N/A 850 sf. for studio 5 Conversion: Size or one-bedroom; is limited by the 1,000 sf. for 2 existing building bedrooms or envelope. more

Maximum Height Established by The height shall Established by 6 the base zone not exceed 18 the base zone. feet unless the ADU meets the setback requirements of the underlying zone. In this case, the maximum height is established by the base zone. An additional two (2) feet in height is allowed to align roof pitch of ADU with the roof pitch of the primary dwelling.

Side and Rear Setbacks 4 feet, or the regularly required setback, whichever is less, 6 but in no case shall be less than 3 feet from the side or rear lot line.

For Internal: N/A

Lot Coverage, Rear Setback Coverage N/A N/A N/A 6

Front Setback N/A Established by Established by the base zone the base zone

except if lot except to create conditions one ADU of no preclude creating more than 850 sf. no more than the For studio or number of ADUs one-bedroom; allowed, as 1,000 sf. For 2- stated above. bedrooms or more.

Floor Area Ratio (FAR) N/A Established by Must be 6 the base zone, consistent with except if lot the regulations conditions contained in the preclude creating underlying zoning no more than the district, except to number of ADUs establish one allowed, as ADU of no more stated above. than 850 sf. For studio or one- bedroom; 1,000 sf. For 2- bedrooms or more.

Open Space N/A Established by No new open the base zone, space required. except if lot However, conditions required open preclude creating space for existing no more than the units, as number of ADUs established by allowed, as the base zone stated above. must be maintained, except to establish one ADU of no more than 850 sf. in total footprint for studio or one- bedroom; 1,000 sf. for 2- bedrooms or more.

Parking for ADUs One (1) space; OR none if located: a) within ½-mile 7 walking distance of public transit stop; b) on any lot within a City of Oakland Area of Primary Importance (API) or Secondary Importance (ASI), as defined in the General Plan's Historic Preservation Element; c) in areas where parking permits are required but not offered to occupants of ADUs; d) where there is a carshare vehicle within one block of the ADU, or e) when the ADU is part of the proposed or existing primary residence or an accessory structure.

Owner Occupancy Not required

Bathroom Each unit must have a private bathroom.

Notes for Table 17.103.02:

1. On a lot with an existing multifamily dwelling, the total number of ADUs is not more than eight (8), but ADUs must not outnumber the number of units in the main building.

2. All calculations that result in a fractional number shall be rounded up to the nearest whole number. A lot may contain both Category One and Category Two ADUs.

3. For Category 1 ADUs, non-livable space does not include detached accessory structures, existing residential units, commercial space, laundry rooms or any other finished spaces that are meant to be occupied by people and used communally.

4. At least a minimum square footage that permits an Efficiency Dwelling Unit as defined in Chapter 17.09 and in the California Building Code.

5. Category Two ADUs must meet lot coverage and open space requirements set forth in this table.

6. Two- to Four-Family and Multifamily Category One ADUs are allowed even if the existing space to be converted or rebuilt does not meet the underlying zone's current development standards, such as height limits, floor area ratios, lot coverage or setbacks. This allowance is only for ADUs located behind the primary building in its rear yard. If Category Two ADU is proposed in front or side of a primary structure the maximum height is sixteen (16) feet. Notwithstanding, in the S-9 Zone, maximum ADU height is capped at sixteen (16) feet.

7. For replacement parking regulations, see 17.103.080(A)(4).

(Ord. No. 13856, § 3(Exh. A), 7-15-2025; Ord. No. 13800, § 3(Exh. B), 6-18-2024; Ord. No. 13763, § 5, 10- 3-2023; Ord. No. 13677, § 4(Exh. A), 1-18-2022; Ord. No. 13435, § 4(Exh. A), 5-2-2017; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013)

Editor's note— Ord. No. 13677, § 4(Exh. A), adopted Jan. 18, 2022, amended the title of § 17.103.080 to read as herein set out. The former § 17.103.080 title pertained to One-Family Dwelling with Secondary Unit Residential Facilities.

The following regulations shall apply to the construction, establishment, or alteration of Vehicular Residential Facilities wherever permitted, as specified in each individual zone:

A.

Classification. A Vehicular Residential Facility shall be considered a Dwelling Unit. A Vehicular Residential Facility may also be considered an Accessory Dwelling Unit in accordance with Section 17.09.040. The Accessory Dwelling Unit regulations contained in Section 17.103.080 shall not apply to a Vehicular

Residential Facility considered an Accessory Dwelling Unit, except that the restriction on Accessory Dwelling Units in certain locations for life safety reasons and the maximum density standard shall apply.

B.

Density. Each Vehicular Residential Facility shall equal one Dwelling Unit for the purpose of determining compliance with the allowable density. The allowable density shall be established according to the applicable individual zone regulations.

C.

Setbacks. No yard setbacks are required. Vehicular Residential Facilities located within the required front yard setback specified in the applicable individual zone regulations shall be located on an existing driveway and not extend beyond the lot line or adjacent sidewalk.

D.

Minimum Separation. A minimum of six (6) feet of separation shall be required between a Vehicular Residential Facility and another Vehicular Residential Facility or a building on the same or adjacent lot.

E.

Maximum Height. The height limit for Vehicular Residential Facilities shall be as prescribed in the applicable individual zone regulations.

F.

Parking. Except as specified in Subsections 1 and 2 below, the minimum parking requirements for Vehicular Residential Facilities shall be as prescribed in the applicable individual zone regulations and in Chapter 17.116. If an existing parking space is removed to establish a Vehicular Residential Facility, no replacement parking is required for the removed space. Tandem parking may be permitted according to the regulations in Section 17.116.240.

Vehicular Residential Facilities that are located on sites within: (i) one-half (½) mile of a public Transit Stop; (ii) an Area of Primary Importance (API) or Area of Secondary Importance (ASI), as defined in the Historic Preservation Element of the General Plan; or (iii) one block of a dedicated car share parking space shall have no parking requirement.

Vehicular Residential Facilities that are self-propelled shall have no parking requirement.

G.

Ground Surface. Vehicular Residential Facilities shall be located on an all-weather surface, such as asphalt, concrete, pavers, decomposed granite, or gravel. This requirement only applies to the ground surface immediately under the Vehicular Residential Facility and all pedestrian walkways. Vehicular Residential

Facilities shall comply with the limitation on paved surfaces within street-fronting yards contained in the individual zone regulations.

H.

Habitability. Vehicular Residential Facilities shall be designed and operated in accordance with the following:

Comply with all applicable State and local habitability and tenantability standards related to dwelling units;

Be structurally sound and protect its occupants against the weather;

Include within each unit permanent provisions for living and sleeping, including adequate heating and lighting; and

Provide occupants with twenty-four-hour on-site access to potable water and a kitchen, and twenty-four- hour on-site access to a clean, lighted, code compliant toilet, bathing facilities, and a lavatory sink under the occupants' control that can be secured from the inside. For Vehicular Residential Facilities subject to the requirements of the Special Occupancy Park Act (pursuant to Subsection N. below), potable water, kitchens, toilets, bathing facilities, and lavatory sinks shall be provided within each unit. For Vehicular Residential Facilities not subject to the requirements of the Special Occupancy Park Act (pursuant to Subsection N. below) that do not contain in-unit toilets, bathing facilities, or lavatory sinks, a minimum of one (1) toilet, one (1) bathing facility, and one (1) lavatory sink is required for every five (5) Vehicular Residential Facilities.

I.

Utility Connections. Potable water, wastewater disposal, and power shall be provided with the issuance of required permits as specified below.

Potable water. Each Vehicular Residential Facility containing in-unit plumbing facilities shall be connected to the municipal water system.

Wastewater disposal. Each Vehicular Residential Facility containing in-unit plumbing facilities shall be connected to the municipal sewer system. Graywater discharge for landscape irrigation is allowed in accordance with State and City regulations.

Power supply. Each Vehicular Residential Facility shall be connected to the municipal electrical and/or gas system or an on-site, off-grid, alternative system such as solar power, wind power, or propane fuel that supplies sufficient energy to meet the demand of each unit and all connected loads. Fuel-powered generators are not allowed.

J.

Health and Safety Standards. Vehicular Residential Facilities shall comply with Health and Safety Code Section 18027.3, and shall at all times bear a label or insignia certifying compliance with either the American National Standards Institute (ANSI) A119.2 or A119.5 standards, or the National Fire Prevention Association (NFPA) 1192 standards, as applicable, in accordance with Health and Safety Code Section 18027.3.

K.

Fire Safety. Heating systems and liquid propane gas storage and delivery systems shall be maintained in accordance with the manufacturer's requirements. Every sleeping area and hallway providing access to the sleeping area shall be provided with operable smoke detectors. Street numbers visible from the street shall be posted to identify the property address.

L.

Refuse, Trash, and Debris Maintenance. The lot and immediate area surrounding each Vehicular Residential Facility shall be maintained in a safe and clean manner at all times, and comply with Oakland Municipal Code Chapter 8.24. An occupant of a Vehicular Residential Facility shall not throw, deposit, discharge, leave, or permit to be thrown, deposited, discharged, or left, any oil, grease, refuse, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, gutter, storm drain, inlet, catch basin, conduit or other drainage system, or upon any public or private parcel of land in the City. Adequate refuse collection service is required.

M.

Inspections. Each newly installed Vehicular Residential Facility shall be inspected upon installation to verify compliance with the regulations contained in this Section. On an annual basis, a subset of all previously installed units shall be inspected to verify ongoing compliance.

N.

Parks. An area or tract of land containing two (2) or more Vehicular Residential Facilities that are held out for rent or lease shall comply with the applicable requirements of State law, including the Special Occupancy Parks Act, Health and Safety Code Section 18200 et seq., the Special Occupancy Park Regulations, California Code of Regulations, Title 25, Section 2000 et seq., and the Recreational Vehicle Park Occupancy Law, California Civil Code Section 799.20 et seq. In cases where the regulations contained within this Section conflict with State law, State law shall govern. The provisions of State law shall not apply to parks owned, operated, and maintained by nonprofit entities or public agencies pursuant to Health and Safety Code Section 18865.4. This exemption only applies if the non-profit entity is a registered 501(c)(3) organization based in Alameda County, and if the park is not owned, operated, or managed by a limited liability corporation with a for-profit partner. If no monetary rent or other consideration

will be charged to occupy the space or the Vehicular Residential Facilities, or the park is owned, operated, and maintained by a non-profit entity, the applicant shall record a notice of limitation with the Alameda County Recorder stating that these State law requirements will apply in the event rent is later charged or the park is no longer owned, operated, and maintained by a non-profit entity.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13666, § 3(Exh. A), 11-16-2021)