City of Oakland - Solar Access Ordinance

October 30, 2023


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. 

Program Overview

Implementing Sector: Local
Category: Regulatory Policy
State: California
Incentive Type: Solar/Wind Access Policy
Web Site:
Start Date:
Eligible Renewable/Other Technologies:
  • Solar - Passive
  • Solar Water Heat
  • Solar Space Heat
  • Solar Photovoltaics


Name: City Of Oakland Municipal Codes 17.65.080
Name: City Oakland Municipal Codes 17.134.050.F.1


Name: Planning and Building Permits
Organization: City of Oakland
Address: 250 Frank H. Ogawa Plaza Suite 2114
Oakland CA 94612
Phone: (510) 238-3891

This information is sourced from DSIRE; the most comprehensive source of information on incentives and policies that support renewables and energy efficiency in the United States. Established in 1995, DSIRE is operated by the N.C. Clean Energy Technology Center at N.C. State University.