Oakland Municipal Code Art. I Residential Activities

A. Additional Use Permit Criteria. A conditional use permit for any conditionally permitted Residential Care or Emergency Shelter Residential Activity may only be granted upon determination that the proposal conforms to the general use permit criteria set forth in the conditional use permit procedure in Chapter 17.134, to any and all applicable use permit criteria set forth in the particular individual zone regulations, and to all of the following additional use permit criteria:

1. That staffing of the facility is in compliance with any State Licensing Agency requirements;

2. That if located in a Residential Zone, the operation of buses and vans to transport residents to and from off-site activities does not generate vehicular traffic substantially greater than that normally generated by Residential Activities in the surrounding area;

3. That if located in a Residential Zone, the on-street parking demand generated by the facility due to visitors is not substantially greater than that normally generated by the surrounding Residential Activities;

4. That if located in a Residential Zone, arrangements for delivery of goods are made within the hours that are compatible with and will not adversely affect the livability of the surrounding properties;

5. That the facility's program does not generate noise at levels that will adversely affect the livability of the surrounding properties.

B. Restriction on Overconcentration of Resident Care and Emergency Shelter Residential Activities.

1. No Residential Care Residential Activity shall be located closer than three hundred (300) feet from any other Residential Care Residential Activity, except for Residential Care Facilities for foster family homes and the elderly.

2. No Emergency Shelter Residential Activity shall be located closer than three hundred (300) feet from any other Emergency Shelter Residential Activity.

C. See Section 17.103.015 for standards applicable to Emergency Shelters permitted "by-right".

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013)

A. Notwithstanding anything to the contrary contained in the Planning Code, Emergency Shelter Residential Activities shall be permitted by-right on properties owned by churches, temples, synagogues, and other similar places of worship approved for Community Assembly Civic Activities. Emergency shelters shall also be permitted by-right within the following areas, identified street corridors, and portions of street corridors (see Zoning Code Bulletin on Emergency Shelters Permitted By-right for a map of the following locations):

1. That portion of Martin Luther King Jr. Way lying between the 51 st Street and the City of Oakland City Limits (Segment A on map in Zoning Code Bulletin).

2. That portion of San Pablo Boulevard lying between 53 rd Street and the City of Oakland City Limits (Segment B on map in Zoning Code Bulletin).

3. That portion of the area surrounding Webster Street bounded by 29 th Street to the south, the 1-580 overpass to the north and Elm Street to the west and Webster Street (parcels fronting Webster Street) to the east (Segment C on map in Zoning Code Bulletin).

4. That portion of San Pablo Boulevard lying between Grand Avenue and 1-580 (Segment D on map in Zoning Code Bulletin).

5. That area surrounding Third Street bounded by Martin Luther King Jr. Way to the east, Fifth Street to the north, Embarcadero West to the south and Union Street to the west (Segment E on map in Zoning Code Bulletin).

6. That portion of E. 12 th Street between 14 th Avenue and 23 rd Avenue (Segment F on map in Zoning Code Bulletin).

7. That portion of Macarthur Boulevard between Fruitvale Avenue and High Street (Segment G on map in Zoning Code Bulletin).

8. That area of Coliseum Way bounded by San Leandro Street to the north, 1-880 to the south, 66 th Avenue to the east and High Street to the west (Segment H on map in Zoning Code Bulletin).

B. Where permitted by-right, Emergency Shelters shall comply with the development standards of the underlying zone and be in accordance with the following additional criteria:

1. Compliance with required licenses, permits, and approvals. An Emergency Shelter shall obtain and maintain in good standing required licenses, permits, and approvals from city, county and state agencies or departments and demonstrate compliance with applicable Building and Fire Codes. An Emergency Shelter Residential Facility shall comply with all county and state health and safety requirements for food, medical and other supportive services provided on-site.

2. Number of beds. A maximum of number of one hundred (100) beds or persons are permitted to be served nightly by the facility.

3. Off Street Parking. See Sections 17.116.060(B) and 17.103.010(A) for parking-related requirements for Emergency Shelters.

4. Size and location of exterior onsite waiting and client intake areas. Exterior waiting areas shall comply with the applicable Design Review Criteria.

5. Restriction on overconcentration of Emergency Shelter Residential Activities. See Section 17.103.010(B) for overconcentration standards for Emergency Shelter Residential Activities.

6. Length of stay. No individual or family shall reside in an Emergency Shelter for more than one hundred eighty (180) consecutive days.

7. External Lighting and Security. Satisfactory completion of the City of Oakland's "Crime Prevention Through Environmental Design (CPTED) Checklist for Residential Projects" is required for all emergency shelters permitted by-right.

8. Additional Requirements. For City of Oakland funded shelters refer to the current "Standard Contract - Service Agreement" that governs the disposition of funds from the City of Oakland, through the Department of Human Services, to a shelter operator.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13248, § 3(Exh. A), 7-15-2014)

A low-barrier navigation center shall be permitted by-right in areas zoned to permit Permanent Residential Activities, including within mixed-use and nonresidential zones permitting Permanent Residential Activities, if it meets the following requirements:

A. Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

B. Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

C. Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

D. Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

Use by-right has the meaning defined in subdivision (i) of Section 65583.2 of the California Government Code. Division 13 (commencing with Section 21000) of the California Public Resources Code shall not apply to actions taken by a public agency to lease, convey, or encumber land owned by a public agency, or to facilitate the lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to, or otherwise approve, a low-barrier navigation center constructed or allowed by this section.

(Ord. No. 13763, § 5, 10-3-2023)