City of Oakland – Solar Access Ordinance

Current Municipal codes provide some solar access protections to adjacent properties. Mostly in relation to new development proposals.

17.65.080.A.3.B – Maximum Floor Area Ratio

Regards the maximum floor area ratio regulation for the city of Oakland. It specifies the conditions for a conditional use permit for an FAR or up to 3.0 in the HBX-3 and HBX-4 zones. Including that “the additional Floor Area Ratio does not significantly decrease the solar access of existing adjacent single family homes or duplexes to a degree greater than would be created if the facility were built according to the base FAR.”

17.134.050.F.1 – General Use Permit Criteria

The following are included as part of a requirement for development proposals to qualify for the conditional use permit if they are a one- or two-family residential facility. The proposal most not adversely impact immediate residences to the side, rear or directly across with respect to solar access, view blockage… etc.

Note: There is an alternative to this stipulation that can exempt projects from needing to meet this solar access impact requirement.