Oakland Municipal Code Art. III Exemptions and Reductions in Required Parking

The provisions of this Section apply to all facilities and zones in all or specified zones.

A. Reduction for Senior Citizen Housing. The number of parking spaces prescribed in Section 17.116.060 shall be reduced by seventy-five percent (75%) for each dwelling unit that is regularly occupied by at least one individual who is at least fifty-five (55) years of age or older or is physically handicapped regardless of age.

B. Affordable Housing. Affordable housing units restricted for extremely low, very low, low, and moderate income households, (as defined in California Government Code Section 50052.5 and in Oakland Planning Code Section 17.107.020) shall have no minimum parking requirement.

C. Parking Reduction through Demand Management Measures. The following are the percentages that parking requirements are reduced for Two- to Four-Family and Multifamily Dwelling Residential Facilities located outside of the S-9 Fire Safety Protection Combining Zone through implementation of the listed parking demand management measures. The parking reduction percentages for the demand management measures described below can be added together to create a greater parking reduction. A notice describing the demand management measure(s) required shall be permanently posted in a common area of the building such as a lobby or mailroom that is clearly visible to residents.

1. On-site public or private car share spaces.

a. The provision of on-site car-share spaces at the level and standards described in the table below reduces the parking requirement by twenty-five percent (25%).

Notes:

1. Required car-share space(s) shall be made available through one of the following two (2) methods:

a. A private car-share, operated by the property owner or homeowner's association, provided within the development. In this case, each private car-share space shall be assigned to a vehicle owned and maintained by the property owner or homeowner's association for the use of residents within the development; or

b. At no cost, providing a parking space to a public car-share organization for purposes of providing car-share services for its car-share service subscribers. The car-share spaces may be provided on the building site or on another site within six hundred (600) feet of the building site. All car-share vehicles shall be accessible to both non-resident and resident subscribers.

2. A notice describing the requirement for car-sharing spaces shall be permanently posted in a common area of the building such as a lobby or mailroom that is clearly visible to residents.

3. All car-share parking spaces shall be counted toward the minimum and maximum required parking spaces.

4. Off-site public or private car share spaces. The provision of off-site car-share spaces at the minimum level and standards described in Subsections 17.116.105(A) reduces the parking requirement by twenty-five percent (25%).

5. Transit passes. The provision of transit passes at the level and standards described in Subsection 17.116.105(B) reduces the parking requirement by fifty percent (50%).

D. Reduction of Total Requirements with Shared Parking Area. For a joint off-street parking area that serves more than one activity (either on the same or different lots) and meets the conditions set forth in Section 17.116.180, the total parking requirement for the sharing activities shall be reduced by fifty percent (50%) upon the submittal of evidence sufficient to determine that the typical utilization of the parking area would be staggered to such an extent that the reduced number of spaces would be adequate to serve all such activities.

E. Discretionary Waiver or Reduction in Districts Providing Common Parking Areas. The off-street parking requirements specified above for Nonresidential Activities in any zone, or for Residential Activities in Commercial Zones, may be waived or reduced by the Director of City Planning when said activities are located within a municipal parking district or assessment district the function of which is to provide off-street parking, upon a finding that, in consideration of existing or prospective municipal parking facilities, such waiver or reduction would not substantially contribute to traffic congestion or impair the efficiency of on-street parking. Any determination on such waiver or reduction shall be subject to appeal pursuant to the administrative appeal procedure in Chapter 17.132.

F. Conversion of Historic Buildings. No additional parking spaces are required for any change of use of a facility that is listed in the City of Oakland's Local Register of Historical Resources (see Policy 3.8 of Historic Preservation Element of the Oakland General Plan). If the number of existing parking spaces on the lot equals or is less than required, then these parking spaces must be preserved with the conversion. If there are more parking spaces on the lot than required, then the number of spaces can be reduced to the minimum required.

G. Additions to Historic Buildings. No additional parking spaces are required for an addition that increases the floor area by one hundred percent (100%) or less of a facility that is listed in the City of Oakland's Local Register of Historical Resources (see Policy 3.8 of Historic Preservation Element of the Oakland General Plan).

H. Parking Reduction for Parking on Narrow Lots in Certain Commercial Zones.

1. In the D-BV, CN, and CC Zones, lots with a mean width of fifty (50) feet or less are not required to provide parking on-site unless alternative driveway access is available from an alternative location, such as a side street, a shared access driveway on an adjoining parcel, or an alley.

I. Parking Reduction through the payment of in lieu fees in the D-BV Zones. Both of the following provisions shall apply in the D-BV Zones only:

1. The parking requirements for the D-BV Zones may be reduced or waived upon the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure) and payment of an in-lieu fee to the City of Oakland. The parking in-lieu fee shall be as set forth in the Master Fee Schedule. Parking in-lieu fees shall be deposited with the City of Oakland prior to issuance of a building permit. A parking in-lieu fee may be refunded, without interest, to the person who made such payment, or his assignee or designee, if additional off-street parking spaces are provided for such building or use by others than the City so as to satisfy the parking requirement for which the in-lieu payment was made. To obtain a refund, the required off-street parking spaces must be in place prior to issuance of a certificate of occupancy and before funds are spent or committed by the City.

2. Notwithstanding anything to the contrary contained in the Planning Code, Variances may not be granted relating to: (a) a reduction and/or elimination of any required parking; or (b) a reduction and/or elimination of any parking spaces serving any activity, or if already less than currently required parking, shall not be reduced further below the requirements prescribed for such activity in this Chapter, as the granting of a Conditional Use Permit (see Chapter 17.134 for the CUP procedure) and payment of the in-lieu fee shall be the means of reducing or eliminating such parking, except as provisions in state and local law requiring regulatory concessions and waivers for certain types of affordable and senior housing projects may apply.

J. Accessory Dwelling Units. No additional parking shall be required for an Accessory Dwelling Unit if located as specified in Section 17.103.080.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13677, § 4(Exh. A), 1-18-2022Ord. No. 13518, § 4(Exh. A), 2-5-2019; Ord. No. 13435, § 4(Exh. A), 5-2-2017; Ord. No. 13393, § 2(Exh. A), 10-4-2016; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13276, § 5(Exh. A), 12-9-2014; Ord. No. 13241, § 5(Exh. D), 7-1-2014; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12971, § 2(Exh. A), 9-22-2009; Ord. No. 12955, § 2(Exh. A), 7-21-2009; Ord. 12772 § 1 (part), 2006; prior planning code § 7519)

Editor's note— Ord. No. 13393, § 2(Exh. A), adopted October 4, 2016, changed the title of Section 17.116.110 from "Special exemptions to parking requirements" to "Special parking exemptions and reductions." The historical notation has been preserved for reference purposes.