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Last Updated October 30, 2023

Program Overview

Category:

Regulatory Policy

State:

California

Incentive Type:

Solar/Wind Access Policy

Administrator:

N/A

Start Date:

N/A

Expiration Date:

N/A

Web Site:

N/A

Applicable Sectors:

N/A

Eligible Renewable/Other Technologies:

N/A

Summary

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.