eLaws | eCases | California Laws | California Code of Regulations | Illinois Courts | Counties & Cities of California | Code of Federal Regulations | United States Code |
 Oakland
 Planning Code
 Chapter 17.102. REGULATIONS APPLICABLE TO CERTAIN ACTIVITIES AND FACILITIES

  § 17.102.230. Conversion of a dwelling unit to a Nonresidential Activity.  

Latest version.

  • A.

    Conditional Use Permit Requirement. The conversion of a dwelling unit, other than those considered Residential Hotel Units which are subject to the provisions of Chapter 17.153, from its present or last previous use by a Permanent Residential Activity or a Semi-Transient Residential Activity to its use by a Nonresidential Activity is only permitted upon the granting of a Conditional Use Permit pursuant to the Conditional Use Permit procedure in Chapter 17.134. The only exception to this requirement are conversions in the HBX Zones. Such permit may be granted only upon determination that the proposed conversion conforms to the general use permit criteria set forth in the Conditional Use Permit procedure and to at least one (1) of the following additional use permit criteria:

    1.

    The dwelling unit proposed for conversion is unoccupied, or is situated in a residential building that has been found, determined, and declared to be substandard or unsafe pursuant to Subsection 15.08.350(B) of the Oakland Municipal Code; or

    2.

    A replacement unit, equivalent in affordability and type to each unit proposed for conversion, will be added to the City's housing supply prior to the proposed conversion taking place.

    B.

    Tenant Assistance. Upon the granting of a Conditional Use Permit for the conversion of a dwelling unit to a Nonresidential Activity, the actual conversion cannot take place until the following have occurred:

    1.

    Any tenant has been given a one hundred twenty (120) day written notice of the conversion. All such written notices shall comply with the legal requirements for service by mail.

    2.

    The owner of the building containing the dwelling unit to be converted has referred the tenant to an equivalent unit; if and equivalent unit is not available or if the tenant chooses not to live in the equivalent dwelling unit, the tenant has been provided with a relocation allowance, as specified in Sections 8.22.450 and 8.22.820 of the Oakland Municipal Code, including any additional payments for tenant households that contain members who qualify as lower income, elderly, disabled and/or minor children, as set forth in Oakland Municipal Code Sections 8.22.450(B) and 8.22.820.

    3.

    The Director of City Planning has been provided with proof that the above actions have been taken.

(Ord. No. 13509, § 2(Exh. A), 12-4-2018; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12872 § 4 (part), 2008; Ord. 12772 § 1 (part), 2006; amended during 1997 codification; prior planning code § 7026)