As Oakland looks at ways to increase housing, it is considering easing rules on in-law units and other secondary rental spaces at existing homes.

For small parcels, the limitation that a new unit can be no larger than half as big as the first unit has been raised to 75 percent, up to 800 square feet.

Required setbacks would be reduced from 15 to 20 feet at the rear of the property and 3 to 5 feet at the side to 4 feet at both rear and side.

Smaller units would be required under the proposed changes. Currently, secondary housing units can be no larger than 900 square feet.

That would go down to a maximum of 800 square feet.

The Planning Commission approved the changes at its June 22 meeting and forwarded suggestions to the City Council.

Concerns about such units becoming short-term rentals were not addressed because existing laws limit rentals to no less than a week, Strategic Planning Manager Ed Manasse told the commission.

“It’s a citywide issue,” Manasse said in response to Planning Commissioner Chris Pattillo’s comment that the minimum residency requirement should be three months.

“As a separate project, it’s likely that city staff will be directed soon to take on the Airbnb issue,” he said. “This is a placeholder, to remind staff and applicants what the current standard is, until such time as we take on Airbnb.”

Liberalizing rules on secondary units will not affect existing homeowner association agreements, which will remain in effect. The commission opted to endorse staff’s suggestion of providing permit applicants courtesy notices rather than directly involving the city attorney, despite the urging of Lakeshore Homeowners Association president Peter Turner during public comments.

The area within a half-mile of the intersection of Oakland Avenue and MacArthur Boulevard was added to those deemed “transit accessible” and thus spared the requirement that new units have dedicated parking.

Manasse had no estimate as to how many housing units might come online as a result of the liberalized rules, which could take the council, currently on break, until October to ratify, he said later.

Secondary units fall into four categories: either conversions of existing structures such as garages or space within the primary unit, perhaps a basement, or the addition of new space, either by expanding the current structure or building a new one on the property.

Contact Mark Hedin at mhedin@bayareanewsgroup.com