Can historic properties use SB-9 in Oakland?

Hello,

Navigating the complexities of SB-9 in relation to historic properties can indeed be challenging, but with the right guidance, it is manageable. Let's dive into your questions and provide you with a comprehensive understanding of what you might expect as a historic homeowner in Oakland, California.

### 1. SB-9 and Historic Properties

SB-9, enacted in January 2022, was designed to streamline the process for homeowners to create additional housing units through lot splits and duplex developments. However, properties designated as historic landmarks or those located in historic districts are subject to additional scrutiny and specific limitations.

In Oakland, as in other parts of California, if your property is designated as historic, SB-9 does not automatically exempt you from historic preservation rules. Specifically, SB-9 states that lot splits cannot adversely affect properties listed as historic under federal, state, or local registers. Therefore:

- **Historic Designation Review**: You must consult with Oakland's Historic Preservation Office to determine the specific restrictions and necessary reviews for your property. This review will help ensure that any proposed changes comply with the city's preservation standards.
- **Additional Approvals**: Beyond standard planning approvals, you will likely need to obtain a Certificate of Appropriateness from the Historic Preservation Commission. This certificate ensures that your proposed changes respect the historical integrity of the property and surrounding area.

### 2. Construction Constraints

When it comes to construction on a split lot with a historic designation, the main constraints revolve around maintaining the property's historical aesthetics and structural integrity. Here are some key considerations:

- **Design Compatibility**: Any new structures must be compatible with the historical character of the existing home. This often involves using similar materials, architectural styles, and maintaining scale and proportion.
- **Height and Massing Restrictions**: Oakland may impose additional restrictions on the height and massing of new constructions on historic lots to ensure they do not overshadow or detract from the historic property.

### 3. Cost Considerations

Budgeting for a lot split and any subsequent construction requires careful consideration. Here are some realistic cost estimates for Oakland:

- **Legal and Professional Fees**: Expect to spend between $5,000 to $10,000 on legal fees, planning consultations, and historical assessments.
- **Permitting Fees**: Oakland permits for lot splits and construction can range from $8,000 to $15,000, with historic properties typically incurring higher costs due to additional review processes.
- **Construction Costs**: Construction costs in Oakland for a new unit can range from $300 to $500 per square foot, depending on the complexity and materials used. Historic properties often lean towards the higher end due to the need for specialized materials and skilled labor.

### 4. Community and City Planning Approval

Gaining approval from both the community and city planning can be more complex with historic properties:

- **Community Engagement**: Engaging early with your neighbors and local community groups can help mitigate opposition. Presenting a thoughtful project that respects the historical nature of the property will go a long way.
- **Historic Commission Review**: As mentioned, the Historic Preservation Commission will play a crucial role. Providing thorough documentation and working with preservation architects can streamline this process.

### Next Steps and Resources

1. **Consult a Historic Preservation Specialist**: Engage with a specialist who understands both SB-9 and Oakland's specific historic preservation regulations. Their expertise will be invaluable.

2. **Schedule a Pre-Application Meeting**: Contact the Oakland Planning and Building Department to discuss your plans and get initial feedback before formally submitting applications.

3. **Community Outreach**: Proactively reach out to local neighborhood associations to gain support and address potential concerns.

4. **Review Local Ordinances**: Familiarize yourself with Oakland’s specific ordinances related to historic properties and lot splits. The city’s website and planning department can provide valuable resources.

5. **Seek Legal Advice**: Consider hiring a real estate attorney with experience in historic properties and SB-9 developments to navigate any legal complexities.

By addressing these steps methodically, you can better manage the challenges of developing a historic property under SB-9 in Oakland. Good luck with your project, and feel free to reach out if you have further questions!

Warm regards,

[Your Name]
ADU Consultant and Historic Property Specialist