Chapter 17.88 — S-9 FIRE SAFETY PROTECTION COMBINING ZONE REGULATIONS

Editor's note— Ord. No. 13677, § 4(Exh. A), adopted Jan. 18, 2022, amended Ch. 17.88 in its entirety to read as herein set out. Former Ch. 17.88, §§ 17.88.010—17.88.050, pertained to similar subject matter, and derived from Ord. No. 13435, § 4(Exh. A), adopted May 2, 2017.

The intent of the S-9 Fire Safety Protection Combining Zone is to promote the public health, safety and welfare by ensuring that activities and facilities that are located, in whole or part, within or adjacent to Very High Fire Hazard Severity Zones (VHFHSZs) as defined in Section 17.88.030(A), and accessed from streets that are less than twenty-six (26) feet in width at any point or culs-de-sac that do not meet emergency access standards, develop in such a manner as not to be a serious threat to public health or safety.

S-9 Fire Safety Protection Combining Zone is mapped using the following criteria:

A.

Lots located, in whole or part, within or adjacent to VHFHSZs and one of the following criteria is met:

B.

The lot is accessed by streets connecting the lot to the nearest arterial street (as designated by the City of Oakland General Plan Land Use and Transportation Element) with a pavement width of less than twenty-six (26) feet at any point; or

C.

Where a lot is located on a dead-end street that has a total length of six hundred (600) feet or longer from the nearest intersection. For the purposes of this Subsection, the total length of a dead-end street shall be the distance from the intersection with the nearest through street to the farthest opposite end of the street right-of-way, or private access easement (as defined by Section 16.32.010 of the Oakland Municipal Code) if the shared access facility/private access easement is connected to said dead-end street.

(Ord. No. 13856, § 3(Exh. B), 7-15-2025; Ord. No. 13677, § 4(Exh. A), 1-18-2022)

A.

Portions of Oakland that are within the VHFHSZ include areas of Oakland Hills that suffered from the devastating Oakland firestorm in 1991.

B.

California's fire risk appears to grow each year as a result of the climate change with higher temperatures and an increase in drought conditions.

C.

Evolving data from recent wildfires display new extreme fire behavior not observed by the OFD previously.

D.

During recent wildfires in California people perished in their cars on blocked roads because they could not escape in time.

E.

New mapping and evacuation software management tools available to Oakland Fire Department (OFD) show that current road and intersection capacity in VHFHSZ is not adequate for the existing population in the events of mass emergency evacuations, additional units and vehicles within the VHFHSZ will increase the evacuation problem.

F.

OFD indicates that roads within VHFHSZ are likely to develop "choke points" during emergency evacuations, thereby blocking the free flow of traffic throughout the VHFHSZ.

G.

Physical dimensions of streets (width and cul-de-sac length) along with the number of vehicles in VHFHSZ are the two (2) largest factors during emergency evacuations that contribute to developing of the "choke points."

H.

Streets that are less than twenty-six (26) feet wide or dead-end streets that are longer than six hundred (600) feet do not meet minimum emergency access standards as specified in Municipal Code Section 16.16.025(C)(1), and are at high risk of being blocked during emergency evacuations as well as blocking access for emergency vehicles to respond to emergencies.

I.

Oakland Local Hazard Mitigation Plan points out existing vulnerable and isolated populations in VHFHSZ areas.

J.

Oakland Vegetation Management Report underscores the fact that the area within the VHFHSZ is susceptible to large-scale, high intensity, and rapidly spreading wildfires because of the VHFHSZ unique combination of topography, vegetation, prolonged droughts, winds, and other climatic conditions.

(Ord. No. 13677, § 4(Exh. A), 1-18-2022)

For the purposes of this regulation, the following definitions apply:

A.

Very High Fire Hazard Severity Zones. Very High Fire Hazard Severity Zones are those areas identified by: 1) the California Department of Forestry and Fire Protection (CAL FIRE) within Local Responsibility Areas (LRA), including the City of Oakland; and 2) City of Oakland, as authorized by Government Code Section 51179. Mapping of Very High Fire Hazard Severity Zones (VHFHSZ) is based on data and models of potential fuels over a given time horizon and their associated expected fire behavior and burn probabilities to quantify the likelihood of vegetation fire exposure to buildings.

(Ord. No. 13856, § 3(Exh. B), 7-15-2025; Ord. No. 13677, § 4(Exh. A), 1-18-2022)

The S-9 Zone may be combined with any other zone.

(Ord. No. 13677, § 4(Exh. A), 1-18-2022)

The following land use activities or facilities are prohibited within the S-9 Fire Safety Protection Combining Zone:

A.

The following Accessory Dwelling Units (ADUs) as defined in Sections 17.09.040 and 17.103.080:

One-Family, Two- to Four-Family and Multifamily Category One Accessory Dwelling Units that are conversions of space outside the envelope of an existing Residential Facility;

More than one Two- to Four-Family or Multifamily Category One Accessory Dwelling Unit that is within the existing envelope of an existing Residential Facility per lot;

One-Family, Two- to Four-Family, and Multifamily Category Two Accessory Dwelling Units;

Two- to Four-Family and Multifamily Category Three Accessory Dwelling Units.

B.

Except for one ADU specified in 1.2, or 3 above is allowed in lieu of a Category One interior ADU if the following conditions are met:

At least one additional off-street parking space is created on the lot for the ADU in addition to any regularly required off-street parking spaces for the primary Residential Facility. Also, any lost parking spaces must be replaced on the lot; or

Approved application for Reasonable Accommodation Request pursuant to Chapter 17.131 due to a disability of an ADU occupant or a need to accommodate a live-in caregiver for a person with disability. The Reasonable Accommodation Request must include a reason for the exception. No additional ADU parking is required, but any lost parking spaces must be replaced elsewhere on the lot.

(Ord. No. 13779, § 2(Exh. A), 1-16-2024; Ord. No. 13677, § 4(Exh. A), 1-18-2022)