[Ord. No. 04-09]
This section provides definitions of terms and phrases used
in this chapter that are technical or specialized, or that may not
reflect common usage. Where any of the definitions in this section
may conflict with definitions in the other chapters of the Albany
Municipal Code, these definitions will prevail for purposes of this
chapter.
[Ord. No. 04-09; Ord. No. 05-06; Ord. No.
07-01 § 1; Ord. No. 09-03 § 2; Ord. No. 09-011 § 1; Ord. No. 2015-03 § 2; Ord. No. 2017-07 § 1; amended 9-6-2022 by Ord. No. 2022-03]
Means districts or lots that share a common boundary line.
Districts located across the street from one another are considered
abutting.
Means a unit for which the total monthly rent plus utilities
does not exceed thirty (30%) percent of the monthly income for low-
or very-low-income households, respectively, as defined in this chapter.
(See definitions under "Household" below.)
Means a unit for which the total monthly payment, including
interest, taxes, insurance, and utilities does not exceed thirty (30%)
percent of the monthly income for low- or very-low-income households,
respectively, as defined in this chapter. (See definitions under "Household"
below.)
Means an agreement between the City and the sponsor of a
housing development project that includes affordable dwelling units,
for the purpose of assuring continued affordability of such units
for a period specified by this chapter or for such longer period as
may be stated in such agreement.
Means any person beneficially interested who is injured or
wronged by an action.
Means any physical change to or removal of the supporting
members of a building, foundation or bearing walls, columns, beams
or girders or creation or enlargement of a window or door, or any
change to the building envelope, including but not limited to a change
of a roof line or roof shape, including creating, enlarging or extending
a dormer.
Means an individual with a freehold, possessory or contractual
interest in land that is subject to an application for approval under
this chapter, or the authorized agent of such an individual.
Means the total horizontal area included within the lot lines
of a site.
Means a temporary shelter, usually constructed of canvas,
which is supported entirely from the exterior wall of a building.
Means an increase over the maximum residential density allowed
by this chapter for a given site, as may be permitted, pursuant to
California Government Code Section 65915, for the purpose of creating
affordable dwelling units.
Means a structure for the principal purpose of connecting
the main building on a site with any other structure on the same site.
Means any structure having a roof supported by columns or
walls, for the housing or enclosure of persons or property of any
kind.
Means a detached, subordinate building, the use of which
is clearly incidental to that of a main building or to the use of
the land.
Means a building in which is conducted the principal use
of the lot upon which it is situated.
Means a building not permanently attached to the ground or
to a permanent foundation.
Means the Planning and Zoning Commission of the City of Albany.
Means any of a community apartment project, a condominium
project, a planned development, or a stock cooperative, as defined
by California Civil Code Section 1351.
Means an undivided interest in common in a portion of real
property coupled with a separate interest in space called a unit,
the boundaries of which are described on a recorded final map, parcel
map, or condominium plan in sufficient detail to locate all boundaries
thereof.
Means a horizontal molded projection that crowns or completes
a building or wall.
Means an open space, other than a yard, on the same site
with a structure or group of structures and which is bounded on three
(3) or more sides by the structure or structures.
Means the land area covered by all the structures on a site,
including all projections, except portions of uncovered decks, porches,
landings, balconies, or stairways that are less than six (6) feet
above grade and are not enclosed by walls on more than two (2) sides;
eaves; trellises or other structures that do not have solid roofs.
Means a tilted plane that connects a vertical plane with
a horizontal plane for the purpose of supplementing applicable setback
requirements, with the vertical plane being based on a property line
or a setback line, and the horizontal plane being based on a maximum
height limit.
Means a dwelling unit that results from the application of
a density bonus to a housing development, and thus is counted in excess
of the number of dwelling units that would otherwise be permitted
on a site.
Means number of dwelling units per net acre, determined by
dividing the number of dwelling units by the net acreage of the lot
area, in acres. Net acreage shall be the area of the site less any
land dedicated for public right-of-way or other public purpose, but
excluding easements for access, utilities or other purposes that do
not require dedication to public ownership.
Means as used with respect to a density bonus in subsection 20.40.040, includes site or construction conditions that apply to a residential development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law policy, resolution, or regulation.
Means a portion of the City within which certain regulations
controlling land use, site area, coverage, yards and other open spaces,
height of structures and other physical development standards, apply
under the provisions of this chapter.
Means facilities which are so designed and operated as to
enable persons to receive a service or purchase, or consume goods,
while remaining within a motor vehicle.
Means a structure, building, or a portion of a structure
or building, designed for occupancy by one (1) family for living and
sleeping purposes. Does not include units within hotels or similar
facilities that provide transient accommodations.
Means the overhang of a roof that projects beyond the exterior
walls of a structure.
Means any facility that provides sleeping accommodations
on a temporary basis, generally less than six (6) months, to persons
who lack shelter due to such problems as illness, disability, lack
of income, family violence or displacement resulting from a disaster.
Food and other support services may be provided. See also "Transitional
Housing."
Means an individual or two (2) or more persons living as
a single housekeeping unit in a dwelling. A family includes any servants
and four (4) or fewer boarders.
Means a structural barrier that defines or encloses an uncovered
space such as a lot or a portion of a lot.
Means the total horizontal area in square feet on each floor
within and including the exterior walls of a structure but not including
the area of inner courts, shaft enclosures, and mechanical equipment
rooms.
Means the proportion of building floor area per area of the
parcel of land upon which the building rests.
Means the property line of a site abutting on a street.
Means gambling; betting.
Means annoyance, discomfort or loss of visual performance
and visibility to the eye, experienced by a viewer with a direct line
of sight to a light source.
Means the elevation, above a reference level such as mean
sea level, of any point or points on a ground surface. Also, the degree
of inclination between points on a ground surface.
Means the lowest point of the finished surface of the ground
between a building and a property line or, where the property line
is more than five (5) feet from the building, between the building
and a line five (5) feet from the building; or, where there is an
approved grading plan, the final configuration of the terrain in conformance
with the approved grading plan.
Means the original, unaltered elevation of the ground surface,
or any other existing elevation that has remained undisturbed for
a period of seven (7) years or more.
Means the process of altering the grade of a site.
Means any space for living, sleeping, eating, or cooking.
Bathrooms, toilet compartments, closets, halls, storage or utility
space, and similar areas are not considered habitable space. General
dimensional requirements are contained within the latest edition of
the Uniform Building Code as adopted by the City.
Means the distance of a point of any structure above a plane
defined by the natural grade at the perimeter of the structure, such
distance being measured directly from the point.
Means a nonresidential activity or use carried on within
a dwelling, by the inhabitants thereof, which use is clearly incidental
to the residential use and does not alter the character of the premises.
Means the growing of fruits, vegetables or ornamental plants.
Means a household whose gross income is greater than fifty
(50%) percent but no greater than eighty (80%) percent of the median
income as established for Alameda County by the U.S. Department of
Housing and Community Development.
Means a household whose gross income is no greater than eighty
(80%) percent of the median income as established for Alameda County
by the U.S. Department of Housing and Community Development; includes
classifications of low-income and very-low-income. For purposes of
density bonus projects, units targeted for lower-income households
shall be affordable at a rent that does not exceed thirty (30%) percent
of sixty (60%) percent of the median income established for the County.
Means a household whose gross income is greater than eighty
(80%) percent and no greater than one hundred twenty (120%) percent
of the median income as established for Alameda County by the U.S.
Department of Housing and Community Development.
Means a household whose gross income is no greater than fifty
(50%) percent of the median income as established for Alameda County
by the U.S. Department of Housing and Community Development. For purposes
of Density Bonus projects, units targeted for very-low-income households
shall be affordable at a rent that does not exceed thirty (30%) percent
of fifty (50%) percent of the median income established for the County.
Means one (1) or more dwelling units that are included in
a housing development project and made available for occupancy by
lower-income households as a proportion of the total number of dwelling
units in the project, wherein the majority of dwelling units are available
without restriction as to the incomes of residents.
Means a method of sign illumination where a sign houses an
internal electrical system of lighting. This type of sign includes
halo-lit and individually illuminated letters.
Means a landscaped area abutting a property line of a site.
Means a retail store where the predominant products sold,
representing twenty (20%) percent or more of the sales floor area,
are alcoholic beverages including beer, wine and distilled spirits,
under an "Off-sale General" license by the State of California; also
known as a "package store."
Means an off-street space or berth for the temporary parking
of a vehicle while loading or unloading merchandise or materials.
Means a parcel of subdivided land having such dimensions
and site area as are required by the provisions of this chapter, and
designed to be occupied by a permitted use or structure, including
such yards and other open spaces as are required by the provisions
of this chapter, and having its principal frontage on a street.
Means a lot located at the intersection of two (2) or more
streets, which streets have an angle of intersection of not more than
one hundred thirty-five (135) degrees. For the purposes of this chapter,
the front of a corner lot shall be considered the smaller dimension
of the lot, and the side the longer dimension of the lot.
Means a lot abutting only one (1) street, and not meeting
the definition of a corner lot.
Means any lot, existing and recorded as a separate parcel
in the office of the County Assessor at the effective date of this
chapter, which does not conform to the area or width requirements
of the district in which it is located.
Means a lot abutting two (2) streets that do not intersect
at any point on the boundaries of the lot. Any lot that meets both
the definitions of a through lot and a corner lot shall be deemed
to be a corner lot.
Means a single-family dwelling unit that is prefabricated
or factory-built, certified under the National Manufactured Housing
Construction and Safety Standards Act of 1974, and attached to a foundation
system that meets requirements of the California Health and Safety
Code.
See Albany Municipal Code subsection 5-13.2.
See Albany Municipal Code subsection 5-13.2.
Means the shape, size, scale, and orientation of a structure
in three (3) dimensional space.
Means any association, business, facility, use, establishment,
location, delivery service, cooperative, collective, or provider,
whether fixed or mobile, that possesses, cultivates, distributes,
or makes available medical cannabis to three (3) or more of the following:
a primary caregiver, a qualified patient, or a patient with an identification
card or a patient with a prescription or recommendation from a medical
doctor. A dispensary shall not include the following uses, as long
as the location of such uses is otherwise regulated by this Code or
applicable law:
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1.
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A clinic licensed pursuant to Chapter 1, Division 2 of the Health and Safety Code;
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2.
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A health care facility licensed pursuant to Chapter 3.01 of
Division 2 of the Health and Safety Code;
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3.
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A residential care facility for persons with chronic life-threatening
illnesses licensed pursuant to Chapter 3.01 of Division 2 of the Health
and Safety Code;
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4.
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A residential care facility for the elderly licensed pursuant
to Chapter 3.2 of Division 2 of the Health and Safety Code;
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5.
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A residential hospice or a health home agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as such use complies strictly with applicable law, including but not limited to, Health and Safety Code Section 11362.5 et seq.
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Means an automobile, truck, trailer, or van and appurtenant
bins, boxes, or containers used for the collection of recyclable materials.
Means any legally created structure which no longer conforms
to the density, height, coverage, yard, landscaping and screening,
usable open space, sign, parking, loading or other requirements applied
to structures by this chapter.
Means any use which was legal when created and which is no
longer itself a permitted or conditionally permitted use in the district
in which it is located.
Means usable open space available for use by the occupants
of more than one (1) dwelling unit. Controlled and maintained by a
property owner or an incorporated nonprofit homeowner's association;
or dedicated in fee to, and maintained by, a public agency or recreation
district and devoted to all use by residents who will occupy the district.
Means roof, balcony, deck, porch, terrace or other outdoor
areas designed for use by the occupants of a single dwelling unit.
Means paseos, plazas, outdoor dining areas, recreation areas,
and other similar areas available for use by the public for at least
daylight hours. Spaces be either offered as dedication to the City
or privately owned and maintained with dedication of a public access
easement at no public expense.
[Added 9-6-2022 by Ord. No. 2022-03]
Means outdoor areas, open to the sky, on the ground, or on
a roof, balcony, deck, porch, or terrace, designed and accessible
for outdoor living, recreation, pedestrian access, or landscaping
by all residents for whom the space is intended. Does not include
street rights-of-way, public or private surface easements, accessory
buildings, open parking areas, driveways, and access ways for the
dwellings, land area utilized for garbage and refuse disposal or other
servicing maintenance, or required front or corner side yards. Suitable
recreational structures designed to be consistent with the intent
of this definition may be considered usable open space.
Means any area or structure, other than within a public street,
which is used for the parking of two (2) or more vehicles, but not
including the storage of vehicles for sale or repair.
Means parking spaces located on private property or public
property that is not designated as a public right-of-way.
Means parking spaces located within the public right-of-way.
Means a space meeting dimensional requirements of Subsection 20.28.030 either enclosed in a structure or open, the principal use of which is the storage or parking of automobiles.
Means authorization, granted by the Planning and Zoning Commission
subject to compliance with conditions, for a specified use of a property,
where such authorization is allowed by this chapter in the zoning
district in which the property is located.
Means authorization, granted by the Community Development
Director subject to compliance with conditions, for a specified use
of a property, where such authorization is allowed by this chapter
in the zoning district in which the property is located.
Means a development adhering to a comprehensive plan and located on a single tract of land, or on two (2) or more contiguous tracts of land which may be separated only by a street or other public right-of-way. (See subsection 20.100.060)
Means in existence prior to the effective date of this ordinance.
Means a school not operated by the Albany Unified School
District, the State or any political subdivision thereof.
Means a project consisting of new construction of one (1)
or more residential buildings, inclusive of condominiums, mobile homes,
new and legalized secondary dwelling units, or an addition to the
gross floor area of a residential structure or an accessory structure.
Means a wall of any material that is separate from the structural
support of a building and serves to retain earth.
Means any right that pertains in addition to, or cumulative
to, other rights allowed by law.
Means an area of land that is reserved for, by dedication
or easement, for access or passage for public purposes; such area
may be used for streets, sidewalks, utility lines, rail lines or other
uses determined to be in the public interest.
Means a housing development which has been designed to meet
the physical and social needs of senior citizens and which otherwise
qualifies as "housing for older persons," as that phrase is used in
California Civil Code Sections 51.3 and 51.12 and Federal statutes.
Means the required distance that a building, structure or
other designated item must be located from a lot line.
Means a commercial development occupied by a group of five
(5) or more separate commercial uses, with parking on the site for
the benefit of the uses that occupy the site.
Means any tobacco retailer that derives seventy-five (75%)
percent or more of gross sales receipts from the sale or exchange
of tobacco products and tobacco paraphernalia.
The following terms related to tobacco retailers have the
following meanings:
Tobacco Product means (1) any substance containing tobacco leaf,
including but not limited to cigarettes, cigars, pipe tobacco, hookah
tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other
preparation of tobacco; and (2) any product or formulation of matter
containing biologically active amounts of nicotine that is manufactured,
sold, offered for sale, or otherwise distributed with the expectation
that the product or matter will be introduced into the human body,
but does not include any product specifically approved by the United
States Food and Drug Administration for use in treating nicotine or
tobacco product dependence.
Tobacco Paraphernalia means cigarette papers or wrappers, pipes,
holders of smoking materials of all types, cigarette rolling machines,
and any other item designed for the smoking, preparation, storing,
or consumption of tobacco products.
Means a portion of a building included between the upper
surface of a floor and the upper surface of the floor or roof above.
Means a public thoroughfare dedicated as such or acquired
for use as such, which affords the principal means of access to abutting
property.
Means a boundary line between a street and abutting property.
Means anything constructed or erected which requires a location
on the ground.
Means any sleeping facility or dwelling unit that serves
as a transition from emergency housing to permanent housing, for a
period generally of six (6) months to twenty-four (24) months, usually
supported by social services to help prepare residents for independent
living. See also "Emergency Housing."
Means any tree having a trunk with a diameter at breast height
(DBH) of eighteen (18) inches or greater, which has been verified
by a qualified professional arborist to be a significant specimen,
considering such factors as size, species, health and location.
Means a structure that utilizes a tree as a principal support.
Means a lot that is located on a slope that extends upward
from the horizontal plane of the public right-of-way which provides
primary access to the lot, with reference to the perpendicular cross-section
of the public right-of-way at the midpoint of the frontage of the
lot.
Means a subordinate use that is incidental to the principal
use of a site, structure, or dwelling unit.
Means the primary purpose for which a site or structure is
arranged, designed, intended, constructed, erected, moved, altered
or enlarged or for which either a site or a structure is or may be
occupied or maintained.
Wireless Communications Facility means any device or system
for the transmitting and/or receiving of electromagnetic signals,
including but not limited to radio waves and microwaves, for cellular
technology, personal communications services, mobile services, paging
systems and related technologies. Facilities include antennas, microwave
dishes, parabolic antennas and all other types of equipment used in
the transmission and reception of such signals; structures for the
support of such facilities, associated buildings or cabinets to house
support equipment, and other accessory development.
The following terms related to wireless communications facilities
have the following meanings:
Antenna means any system of poles, panels, rods, reflecting
disks, wire or similar devices used for the transmission or reception
of electromagnetic signals. Does not include any support structure
upon which an antenna is mounted.
Antenna Equipment A cabinet, room, or similar structure which
houses the electronic facilities used to operate an antenna.
Antenna Structure means any structure, including a pole, mast,
or tower, whether freestanding or mounted on another building or structure,
that supports an antenna or an array of antennas. The height of an
antenna structure is measured to the highest point of any antenna
mounted thereon.
Base Station means the primary sending and receiving site in
a wireless telecommunications network, including all radio-frequency
generating equipment connected to antennas. More than one (1) base
station and/or more than one (1) variety of telecommunications providers
can be located on a single tower or structure.
Co-Location means a situation in which a single support structure
supports one (1) or more antennas owned or used by more than one (1)
public or private entity.
Distributed Antenna Systems (DAS) means a wireless telecommunications
facility network of spatially separated antenna nodes connected to
a common source via a transport medium that provides wireless service
within a geographic area or structure.
Maintenance For purposes of this section, maintenance is defined
as:
Scheduled preventive inspections and activities per manufacturer's
instructions or regulatory requirements;
Corrective maintenance including modification to existing equipment
to repair physical damage or correct internal faults;
Minor repositioning or changes in internal components to improve
performance or energy efficiency or increase power output;
Other changes to the existing equipment that does not substantially
change appearance.
Microcell Facility means a wireless telecommunications facility
characterized by small antennas and equipment cabinets, and typically
sited on an existing or replacement street light, utility pole, sign
or other suitable structure; or an existing building.
Monitoring Protocol means an industry accepted radio-frequency
(RF) radiation measurement protocol used to determine compliance with
FCC RF radiation exposure standards, in accordance with the National
Council on Radiation Protection and Measurements Reports 86 and 119
and consistent with the RF radiation modeling specifications of OET
Bulletin 65 (or any superseding reports/standards), which is to be
used to measure the emissions and determine radio-frequency radiation
exposure levels from existing and new telecommunications facilities.
RF radiation exposure measurements are to be taken at various locations,
including those from which public RF exposure levels are expected
to be the highest.
Monopole means a type of freestanding antenna structure that
is seventeen (17) feet or more in height and is designed to be self-supporting
without the use of guy wires.
Preferred Wireless Zoning District means a zone where the City
has determined that the location of a wireless communications facility
would reduce the noise, aesthetic and visual impact of that facility
relative to its placement in another zone. The City has determined
that wireless communication facilities may be located in the following
order of preference: CMX, PF, and SPC or SC.
Radio Frequency (RF) Radiation means radiation from the portion
of the electromagnetic spectrum with frequencies below the infrared
range (approximately 100 GHz and below), including microwaves, television
VHF and UHF signals, radio signals, and low to ultra low frequencies.
Receive-Only Antenna means antenna for the reception of radio
and television signals, without transmitting capabilities; may include
pole or dish types of antennas.
Repeater means a small receiver/relay transmitter of not more
than twenty (20) watts output designed to provide service to areas
which are not able to receive adequate coverage directly from a base
station.
Satellite Dish means a bowl-shaped antenna used to receive and/or
transmit electromagnetic signals to and from an orbiting satellite.
Stealth Facility means a wireless communications facility located
so as to be of minimal visibility, such as being incorporated within
an architectural feature such as a steeple or parapet, or in the open
but disguised as a tree or other natural feature.
Means an open space other than a court on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward. Yard spaces shall be measured horizontally from and at right angles to the nearest point of the respective lot line towards the nearest part of a structure on the lot, exclusive of retaining walls, fences and certain architectural features and permitted projections as provided for in subsection 20.24.060.
Yard, front means a yard of uniform depth extending across the
full width of the lot inward from the front lot line. The front lot
line shall be determined by the Community Development Director.
Yard, rear means a yard of uniform depth extending across the
full width of the lot inward from the rear lot line. In the case of
a through lot, the location of the rear yard shall be determined by
the Community Development Director.
Yard, side means a yard on each side of the main building extending
from the front yard, or the front lot line where no front yard is
required, to the rear yard, or the rear lot line where no rear yard
is required. A side yard abutting a street is termed an exterior side
yard; a side yard not abutting a street is termed an interior side
yard.
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