1. No category

Secondary Units
Zoning regulations for Secondary Units
(see Section 17.103.080 for the full regulations)
"Secondary unit" (also known as “granny flat” or “in-law unit”) means a subordinate dwelling unit that is located
on the same lot as a larger primary dwelling unit, is either attached or detached, and meets the standards and
criteria of Section 17.103.080. The following regulations apply to the construction of any new Secondary Unit,
the conversion of an existing building into a Secondary Unit, or the legalization of an existing unpermitted
Secondary Unit.
Review
procedure
In all Residential Zones:
Up to 900 square feet - Small Project Design Review
Commercial Zones:
Public notice
(if required)
Up to 500 square feet - Design Review Exemption
No new Secondary Units allowed
For Secondary Units requiring only Design Review Exemption or Small Project Design
Review, no notice is required and public input cannot be considered per State law.
For Secondary Units requiring a Conditional Use Permit (CUP) and Regular Design
Review, public notice is sent via mail to all property owners within 300 feet of the
subject property at least 17 days prior to the approval of any zoning permits.
Maximum unit
size (floor area)
Up to 500 square feet, regardless of the size of the primary dwelling, or
Maximum
number of units
Secondary Units are allowed only on lots with one other dwelling unit (one Primary
Dwelling Unit and one Secondary Unit only).
Lot size
Up to 900 square feet if 50% or less of the floor area of the primary dwelling.
No minimum lot size, so long as the property is a legal lot of record.
Owner
occupancy
The property owner(s) must occupy either the primary dwelling or the Secondary Unit.
This requirement must be recorded as a deed restriction against the property.
Sale of unit
The Secondary Unit may not be sold separately from the primary dwelling.
Number of
required parking
spaces
All Zones, except S-11, S-12 and D-LM Zones: One parking space for the Secondary
Unit (in addition to the number of spaces required for the Primary Dwelling).
S-11 Zone*: One parking space for each bedroom contained within the Secondary Unit
(in addition to the number of spaces required for the Primary Dwelling, which is also
one (1) parking space for each bedroom).
S-12 Zone*: One parking space for each 3 habitable rooms in the Secondary Unit (in
addition to the number of spaces required for the Primary Dwelling, which is also one
(1) parking space for each 3 habitable rooms).
*If the existing Primary Dwelling does not comply with the current parking
requirements, then additional parking is only required for the Secondary Unit.
D-LM Zones: No additional parking space is required (but existing parking space
required for the Primary Dwelling, must be maintained, unless in-lieu fees are paid).
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Tandem vs. nontandem parking
In the RH, RD, RM-1, RM-2 Zones (except when combined with the S-11 or S-12
Zones*): Tandem parking may be permitted for one of the required parking spaces on a
lot containing a One-Family Dwelling with Secondary Unit if the floor area of the
Secondary Unit is 500 square feet or less (Note, in all cases, each of the units must
have at least one independently accessible parking space). All required parking spaces
shall be non-tandem if the floor area of the Secondary Unit exceeds 500 square feet. In
the West Oakland Specific Plan Area, tandem parking may be permitted for one of the
required spaces on a lot containing a One-Family Dwelling with Secondary Unit if the
floor area of the Secondary Unit does not exceed 900 square feet or 50% of the floor
area of the primary dwelling unit.
All Other Zones (except S-11 and S-12 Zones*): All required parking spaces shall be
non-tandem.
* The S-11 and S-12 Zones contain special tandem parking regulations.
Minimum
pavement width
All connecting streets leading from the front of the subject property to the nearest
arterial street must have a minimum pavement width of at least 24 feet.
The minimum pavement width may be reduced to at least 20 feet upon the granting of a
Minor Conditional Use Permit, pursuant to all of the following criteria:
1. There is adequate emergency access to the lot as determined by the Fire Marshal.
2. The portions of the street that have a pavement width of less than 24 feet are not
on a dead-end street.
3. When on-street parking is permitted on the portions of the street that are less 24
feet wide: There must be level and hard-surfaced shoulders with a combined width
of at least an additional 8 feet.
4. When on-street parking is prohibited on the portions of the street that are less than
24 feet wide: The restricted parking areas must be clearly marked with official city
installed no-parking signs and/or red curbs, pursuant to the provisions of the
Oakland Traffic Code (Title 10 of the Oakland Municipal Code).
Dead-end streets
Secondary Units are not permitted on dead-end streets that have a total length of more
than 300 feet (as measured from the intersection with a through street).
Fire flow water
pressure
The fire flow and water pressure on the adjoining streets must meet minimum Fire
Marshal requirements.
Architectural
compatibility
The Secondary Unit must be clearly subordinate to the Primary Unit in both size and
location. Also, the architectural design and materials of a Secondary Unit must match
or be visually compatible with that of the Primary Unit - including the architectural style,
siding material, roof shape, roofing material, trim material and design, window types,
window trim, and window sill detail.
Design criteria
Secondary Units between 500 and 900 square feet that do not require a Variance or
Conditional Use Permit are subject to Small Project Design Review (DS). The DS
review procedure is also used for most residential additions throughout the City.
Secondary Units qualifying for Small Project Design Review (DS) are analyzed
according to the “Checklist Criteria for Facilities with 1-2 Primary Dwelling Units”.
Exception for
location in West
Oakland Specific
Plan Area
In the West Oakland Specific Plan area, a Secondary Unit may be allowed in an
accessory facility if it is within 35’ of the rear lot line, the wall and pitch roof heights do
not exceed 9’ and 12’ respectively, and meets all requirements set forth in Section
17.103.080, see Section 17.108.130(K) for the full requirements.
This handout is informational only and is a general synopsis of the regulations contained within the Oakland Planning Code (Title 17, O.P.C.)
City of Oakland, Planning and Building Department
250 Frank H. Ogawa Plaza, 2nd floor
Oakland, CA 94612
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