July 30, 2025

Dear OBA Members,

The below Legislative Update kicks off an initiative to establish a more active voice at Oakland City Hall on behalf of OBA members and the issues they care about. The Update covers July legislation, including changes to design review, development fees, and ADUs.

In June, the OBA retained me as general counsel to execute the initiative, which supports OBA Pillars # 1, Advocacy, and #2 Political Action. Pillars #s 3&4 (Project Support and Networking) remain active. 

A top OBA priority for many years remains firmly in place: advocating for timely and reliable permitting. But many City Hall issues impact OBA members: zoning changes, code enforcement and fees, to name just a few. My tasks include tracking Planning Commission and City Council agendas, meeting with city officials, and identifying instances in which member letters and comments directed at City Hall may be productive.

A recent example: In June the OBA sent a letter to the City Council and Mayor Lee expressing concerns about the public resignation of Chief Building Official Lonell Butler. Mr. Butler stated: “The [City] has significantly hindered my ability to make improvements, especially when it comes to streamlining the development review process and getting businesses, developers and builders through the permit process in a timely manner.”

Following the letter, the OBA met with several Councilmembers with the goal of obtaining permitting information from the Planning & Building Department. Updates to follow.

Please see July’s Legislative Update and reach out with any questions you may have.

Thank you,

Rob Selna

OBJECTIVE DESIGN REVIEW STANDARDS: On July 15, the City Council approved Ordinance No. 13855 making changes to the Design Review Chapter 17.136 of the Planning Code to include a new ministerial track using Objective Design Standards (“ODS”) for by-right approval of additional residential project types, including all single-family homes, 2- to 4- unit residential projects, and lower-density multifamily developments (up to 30 units).

The Council also made changes to the Regular Design Review Section in Chapter 17.136, clarifying that all residential projects that do not require discretionary approval are also subject to ODS. The Ordinance includes amendments to design review procedures, exemptions, and appeals process updates, as well as related updates to the Definitions Section (Planning Code Section 17.09.040).

• Objective Design Standards Report
• Objective Design Standards Ordinance

IMPACT FEES: On July 15, the City Council approved Ordinance No. 13853 to (1) Update and revise the regulations for the Jobs/Housing Impact Fee (MC Chapter 15.68), Affordable Housing Impact Fee (Chapter 15.72), and Transportation And Capital Improvement Impact Fees (Chapter 15.74); (2) Amend the City Of Oakland Master Fee Schedule to calculate impact fees for residential projects on a square footage basis. The Ordinance also temporarily eliminated the Affordable Housing Impact Fee in two areas of the City.

• Impact Fees Report 
• Impact Fees Legislation

ADUs: On July 15, the City Council approved Ordinance No. 13856. The ordinance amended the Oakland Planning Code (Title 17) Section 17.103.080 and Table 17.103.02 to update accessory dwelling unit (ADU) regulations to comply with State law. Results include, but are not limited to: 1) Uncovered parking spaces removed to construct ADUs need not be replaced, and 2) State law is incorporated into the Municipal Code allowing up to eight (8) detached ADUs on a lot with an existing or proposed multifamily dwelling.

• ADU Report
• ADU Legislation

CEQA REFORM: Clearly this did not occur at Oakland City Hall, but it is important legislation that has potential to help OBA members. On June 30, Governor Newsom signed budget bill AB 130, eliminating environmental review for most new housing in already developed, urban (“infill”) areas. Newsom’s bill generally incorporates AB 609, introduced this year by East Bay Assemblymember Buffy Wicks.

• AB 130 Report 
• AB 609