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Oakland · Building on your lot

Building on your lot in Oakland

Oakland sets its own fence heights for residential zones. Massage therapists working from home have their own rules; other home businesses fall under Chapter 17.112.

Key points

  • Fence height: Oakland limits residential fences to 42 inches in front and corner street side yards and 8 ft in most other yards.
  • Home massage: City rule: a massage therapist working from home needs a massage therapist permit and may have no one else working there.

Each rule below is marked Oakland code or CA state law and links to the section it comes from (checked October 2026). General information, not legal advice.

Fences and walls

Oakland code Oakland limits residential fences to 42 inches in front and corner street side yards and 8 ft in most other yards.

All 4 Oakland rules on fences and walls, with the code text →

Running a business from home

Oakland code What Oakland's code adds
Employees
  • No one other than the massage therapist can be employed.
    Applies: Massage therapists working alone from their own home; other home businesses follow the general home occupation rules.
    § 5.36.070 · code text
    No person other than the massage therapist shall be employed in the conduct of the home occupation solo practitioner.
Permit
  • A massage therapist permit is required.
    Applies: Massage therapists working alone from home, before giving massages at home or on out-calls; other home businesses follow the general rules.
    § 5.36.070 · code text
    All home occupation solo practitioners must obtain a massage therapist permit before providing any massage services within his or her own residence or on an out-call massage basis.

Solar panels and EV chargers

Oakland code What Oakland's code adds
Review time
  • Same day for over-the-counter applications; 1 to 3 business days for electronic applications.
    Applies: Applies to complete small residential rooftop solar applications that meet the approved checklist and standard plan.
    § 15.33.090 · code text
    The Bureau of Building shall approve the application and issue a building permit or other nondiscretionary permit on the same day for over-the-counter applications (or within one to three business days for electronic applications) of receipt of a complete application that meets the requirements of the approved checklist and standard plan.
Solar permit process
  • You may apply electronically; electronic signatures are accepted.
    Applies: Applies to small residential rooftop solar permit applicants.
    § 15.33.080 · code text
    Electronic submittal of the required permit application and documents shall be made available to all small residential rooftop solar energy system permit applicants.

Swimming pools

Oakland code The fence must stop anyone, including small children, from crawling or passing through. Part of the enclosure may be a house or other permanent structure connected to the fence.

All 5 Oakland rules on swimming pools, with the code text →

Pets, chickens and bees

Oakland code Yes, if the enclosure is more than 20 feet from any home, church or school; no roosters. No.

All 4 Oakland rules on pets, chickens and bees, with the code text →

Building on a hillside

Oakland code Walls of the main building may be no taller than 25 feet. Pitched roofs of the main building may be no taller than 30 feet.

All 4 Oakland rules on building on a hillside, with the code text →

Family child care homes

CA state law California law
Zoning
A small or large family child care home is a residential use and a use by right under all local ordinances, including zoning
Business license or fee
A city or county may not charge a business license, fee or tax to run a family child care home
Local rules
Local limits on height, setbacks, lot size, health and safety must be the same as for every other home in the same zone
Small home
Up to eight children, counting the provider's own children under 10 who live there
Large home
7 to 14 children, counting the provider's own children under 10 who live there

Affordable units in new housing (inclusionary)

Oakland code Accessory dwelling units are exempt from the impact fee. Affordable Housing units and projects are exempt from the impact fee.

All 4 Oakland rules on affordable units in new housing (inclusionary), with the code text →

Parking spaces required for homes

Oakland code Garages, carports or uncovered parking go behind or beside the home, or uncovered parking nearer an interior side lot line. Parking is allowed only in garages, carports, uncovered spaces in permitted locations, or approved driveways.

All 12 Oakland rules on parking spaces required for homes, with the code text →

Home alarm permits and false alarms

Oakland code What Oakland's code adds
Alarm permit
  • A current alarm permit is needed for police response. It lasts 1 year; the fee is in the fee schedule.
    Applies: Applies to the alarm user who owns or controls the alarm site (home owner, renter or business).
    § 8.02.020 · code text
    Police response to private alarm sites in the City is a privilege available only to those alarm users who have a current City alarm permit.

Signs on homes

Oakland code What Oakland's code adds
For-sale and open-house signs
  • At most 6 square feet per lot. Free-standing: at most 6 feet high, at least 5 feet from lot lines.
    Applies: For-sale or lease signs on the advertised lot in residential zones (not RU-4 or RU-5) and open space zones. Remove within 7 days after occupancy.
    § 17.104.010 · code text
    The maximum aggregate area of display surface of all Realty Signs on any one lot shall be six (6) square feet.

Trash and recycling carts

Oakland code What Oakland's code adds
Sorting organics and green waste
  • Organics, recyclables and mixed materials go in a Director-approved container. The person in charge must provide enough capacity.
    Applies: Applies to single-family dwellings. The container needs handles, a tight-fitting cover and must be watertight.
    § 8.28.140 · code text
    All mixed material, recyclable materials and organic material created or produced in the City shall be deposited in a container or containers approved by the Director, equipped with suitable handles and a tight-fitting cover, and watertight.

Historic homes

Oakland code What Oakland's code adds
Changing a historic home
  • Design review approval is required before the exterior appearance is altered.
    Applies: Applies to buildings, designated or potentially designated historic properties, and signs, unless exempt under section 17.136.025.
    § 17.100B.030 · code text
    Except for projects that are exempt from design review as set forth in Section 17.136.025, no Building Facility (see Section 17.09.040 for definition), Designated Historic Property, Potentially Designated Historic Property, Telecommunications Facility, Sign, or other associated structure shall be constructed, established, or altered in exterior appearance, unless plans for the proposal have been approved pursuant to the design review procedure in Chapter 17.136
Demolishing an older or historic home
  • Demolition or removal is reviewed under the design review criteria in section 17.136.075.
    Applies: Applies to designated or potentially designated historic properties.
    § 17.100B.030 · code text
    See Section 17.136.075 for design review criteria for the demolition or removal of Designated Historic Properties and Potentially Designated Historic Properties.

Other Oakland rules on this

Oakland's code also has these chapters. We have not summarized their values on this page yet; read them in the library.

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

Can I run a business from my home in Oakland?

City rule: a massage therapist working from home needs a massage therapist permit and may have no one else working there.

Do I need a permit for solar panels or an EV charger in Oakland?

Oakland's code: You may apply electronically; electronic signatures are accepted. (Applies to small residential rooftop solar permit applicants.) (§ 15.33.080); Same day for over-the-counter applications; 1 to 3 business days for electronic applications. (Applies to complete small residential rooftop solar applications that meet the approved checklist and standard plan.) (§ 15.33.090).

Can I run a family child care home in Oakland?

California law sets this for every city, including Oakland: Zoning: A small or large family child care home is a residential use and a use by right under all local ordinances, including zoning (Health & Safety Code § 1597.45(a)); Business license or fee: A city or county may not charge a business license, fee or tax to run a family child care home (Health & Safety Code § 1597.45(b)); Local rules: Local limits on height, setbacks, lot size, health and safety must be the same as for every other home in the same zone (Health & Safety Code § 1597.45(e)); Small home: Up to eight children, counting the provider's own children under 10 who live there (Health & Safety Code § 1596.78(c)); Large home: 7 to 14 children, counting the provider's own children under 10 who live there (Health & Safety Code § 1596.78(b)).

Do I need a permit for a home alarm in Oakland?

Oakland's code: A current alarm permit is needed for police response. It lasts 1 year; the fee is in the fee schedule. (Applies to the alarm user who owns or controls the alarm site (home owner, renter or business).) (§ 8.02.020).

What signs may I put up at my home in Oakland?

Oakland's code: At most 6 square feet per lot. Free-standing: at most 6 feet high, at least 5 feet from lot lines. (For-sale or lease signs on the advertised lot in residential zones (not RU-4 or RU-5) and open space zones. Remove within 7 days after occupancy.) (§ 17.104.010).

When can trash carts go out to the curb in Oakland?

Oakland's code: Organics, recyclables and mixed materials go in a Director-approved container. The person in charge must provide enough capacity. (Applies to single-family dwellings. The container needs handles, a tight-fitting cover and must be watertight.) (§ 8.28.140).

What rules apply to a historic home in Oakland?

Oakland's code: Design review approval is required before the exterior appearance is altered. (Applies to buildings, designated or potentially designated historic properties, and signs, unless exempt under section 17.136.025.) (§ 17.100B.030); Demolition or removal is reviewed under the design review criteria in section 17.136.075. (Applies to designated or potentially designated historic properties.) (§ 17.100B.030).

General information, not legal advice.

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