City of Albany, CA
Alameda County
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Table of Contents
Table of Contents
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 78-07, 79-011, 80-02, 81-05, 81-06, 82-03, 83-05, 83-06, 83-07, 86-05, 87-019, 89-004, 89-09, 90-07, 91-03, 91-04, 91-06, 94-4, 94-011, 96-03, 96-07, 96-013, 97-06, 97-08, 99-06, 01-01, 01-03 and 03-01. Ordinance No. 04-09, which established Chapter 20, Planning and Zoning, was adopted on December 6, 2004.
ATTACHMENTS
Attachment 1: Permitted Land Uses by DistrictAttachment 2: Exhibit A, Amendments to the Zoning MapAttachment 3: Appendixes A-C
[Ord. No. 04-09]
This chapter of the Albany Municipal Code shall be known and cited as the Zoning Ordinance of the City of Albany, California.
[Ord. No. 04-09]
A. 
Zoning Ordinance of the City of Albany, California, is hereby adopted. The Zoning Ordinance is consistent with and is based on the adopted General Plan for the City, and consists of the establishment of various districts within which certain regulations shall be in effect, as set forth in this chapter. The regulations specified in the chapter shall be subject to the general provisions and exceptions as set forth in the various sections. The Zoning Ordinance consists of the Zoning Ordinance text and Zoning Map.
[Ord. No. 04-09; Ord. No. 2014-05 § 1]
The Zoning Ordinance is adopted in order to protect and to promote the public health, safety, peace, comfort, convenience, prosperity and general welfare. More specifically, the Zoning Ordinance is adopted in order to achieve the following objectives, which are listed in non-preferential order:
A. 
To guide community growth along sound lines.
B. 
To insure a harmonious, convenient relationship among land uses.
C. 
To provide appropriate locations for needed community facilities.
D. 
To promote commercial and industrial activities of appropriate types.
E. 
To protect and enhance real property values within the City.
F. 
To improve the City's appearance and to conserve and enhance its natural assets.
G. 
To promote the achievement of the policies and recommendations of the General Plan.
H. 
To provide opportunities for housing of all ages and economic groups.
[Ord. No. 04-09]
The Zoning Ordinance consists of the establishment of various districts within the City. Within these districts the following activities, among others, are regulated: the erection, construction, alteration, movement and maintenance of certain buildings; the carrying out of certain trades or occupations; and the conducting of certain uses of buildings. The regulations and permitted uses vary from one (1) district to another.
[Ord. No. 04-09]
In the event of a conflict between two (2) or more regulations contained in this chapter or between regulations contained in this chapter and the Building Code or other City regulations, or between regulations contained in this chapter and easements, covenants or other agreements now in effect, the more restrictive regulations or provisions shall apply.
[Ord. No. 04-09]
All officials, departments and employees of the City vested with the authority or duty to issue permits, certificates or licenses, shall conform with the provisions of this chapter and shall issue no permit, certificate or license which conflicts with the provisions of this chapter. Any permit, certificate or license issued in conflict with the provisions of this chapter shall be null and void. It shall be the duty of the Community Development Director to enforce the provisions of this chapter pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure.
[Ord. No. 04-09]
A. 
Any violation of this chapter is a public offense and the first three (3) violations may be treated as infractions, which are enforced and punishable in the manner prescribed by the Albany Municipal Code, the Penal Code, the Government Code of the State of California or other applicable law. To the fullest extent allowed under the law any penalty imposed shall be cumulative to any other penalty or remedy allowed under the law. The Community Development Director, or a designee of the Director, may arrest a violator and/or issue a notice to appear in the manner prescribed by Chapter 5c of Title 3, Part 2 of the Penal Code (or as the same may hereafter be amended). It is the intent of the City Council that the immunities prescribed in Section 836.5 of the Penal Code be applicable to public officers or employees pursuant to this subsection. Bail for infractions shall be as set by resolution of the City Council.
B. 
Any person, firm, corporation or organization violating any provision of this chapter more than three (3) times in any twelve (12) month period may be charged with a misdemeanor and upon conviction by a court of competent jurisdiction thereof shall be punishable by a fine of not more than five hundred ($500.00) dollars or by imprisonment for a term not exceeding six (6) months, or by both such a fine and imprisonment.
C. 
A person, firm, corporation or organization shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued or permitted by the person, firm, corporation or organization and shall be punishable as herein provided.
[Ord. No. 04-09]
Any structure erected, moved, altered, enlarged or maintained and use of property contrary to the provisions of this chapter shall be, and is hereby declared to be, unlawful and a public nuisance, and the City Attorney shall immediately institute necessary legal proceedings for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps as may be necessary to accomplish these ends, and shall apply to a court of competent jurisdiction to grant such relief as will remove or abate the structure or use and restrain or enjoin the person, firm, corporation or organization from erecting, moving, altering or enlarging the structure or using the property contrary to the provisions of this chapter. All remedies provided for herein shall be cumulative and not exclusive.
[Ord. No. 04-09]
This chapter, where applicable, shall apply to all property within the City whether owned by private persons, firms, corporations or organizations; by the United States of America or any of its agencies; by the State of California or any of its agencies or political subdivisions, including the University of California; by any County, City and County, City, including the City of Albany, or any of its agencies, or by any district organized under the laws of the State of California.
[Ord. No. 04-09]
If any section, subsection or paragraph of this chapter shall be declared to be unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, such section, subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining sections, subsections or paragraphs of this chapter.
[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]
ABUTTING DISTRICTS OR LOTS
Means districts or lots that share a common boundary line. Districts located across the street from one another are considered abutting.
AFFORDABLE DWELLING UNIT, FOR RENT
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.)
AFFORDABLE DWELLING UNIT, FOR SALE
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.)
AFFORDABLE HOUSING AGREEMENT
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.
AGGRIEVED
Means any person beneficially interested who is injured or wronged by an action.
ALTERATION, STRUCTURAL
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.
APPLICANT, QUALIFIED
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.
AREA, LOT
Means the total horizontal area included within the lot lines of a site.
AWNING
Means a temporary shelter, usually constructed of canvas, which is supported entirely from the exterior wall of a building.
BONUS, DENSITY
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.
BREEZEWAY
Means a structure for the principal purpose of connecting the main building on a site with any other structure on the same site.
BUILDING
Means any structure having a roof supported by columns or walls, for the housing or enclosure of persons or property of any kind.
BUILDING, ACCESSORY
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.
BUILDING, MAIN
Means a building in which is conducted the principal use of the lot upon which it is situated.
BUILDING, TEMPORARY
Means a building not permanently attached to the ground or to a permanent foundation.
COMMISSION, PLANNING AND ZONING
Means the Planning and Zoning Commission of the City of Albany.
COMMON INTEREST DEVELOPMENT
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.
CONDOMINIUM
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.
CORNICE
Means a horizontal molded projection that crowns or completes a building or wall.
COURT
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.
COVERAGE, LOT
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.
DAYLIGHT PLANE
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.
DENSITY BONUS UNIT
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.
DENSITY, RESIDENTIAL
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.
DEVELOPMENT STANDARD
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.
DISTRICT
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.
DRIVE-IN ESTABLISHMENTS
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.
DWELLING UNIT
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.
EAVE
Means the overhang of a roof that projects beyond the exterior walls of a structure.
EMERGENCY HOUSING
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."
FAMILY
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.
FENCE
Means a structural barrier that defines or encloses an uncovered space such as a lot or a portion of a lot.
FLOOR AREA
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.
FLOOR AREA RATIO
Means the proportion of building floor area per area of the parcel of land upon which the building rests.
FRONTAGE
Means the property line of a site abutting on a street.
GAMING ACTIVITIES
Means gambling; betting.
GLARE
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.
GRADE
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.
GRADE, FINISH
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.
GRADE, NATURAL
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.
GRADING
Means the process of altering the grade of a site.
HABITABLE SPACE
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.
HEIGHT
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.
HOME OCCUPATION
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.
HORTICULTURE
Means the growing of fruits, vegetables or ornamental plants.
HOUSEHOLD, LOW-INCOME
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.
HOUSEHOLD, LOWER-INCOME
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.
HOUSEHOLD, MODERATE-INCOME
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.
HOUSEHOLD, VERY-LOW-INCOME
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.
INCLUSIONARY HOUSING
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.
INTERNAL ILLUMINATION
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.
LANDSCAPED STRIP
Means a landscaped area abutting a property line of a site.
LIQUOR STORE
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."
LOADING SPACE
Means an off-street space or berth for the temporary parking of a vehicle while loading or unloading merchandise or materials.
LOT, CONFORMING
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.
LOT, CORNER
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.
LOT, INTERIOR
Means a lot abutting only one (1) street, and not meeting the definition of a corner lot.
LOT, NONCONFORMING
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.
LOT, THROUGH
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.
MANUFACTURED HOME
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.
MASSAGE
See Albany Municipal Code subsection 5-13.2.
MASSAGE ESTABLISHMENT
See Albany Municipal Code subsection 5-13.2.
MASSING
Means the shape, size, scale, and orientation of a structure in three (3) dimensional space.
MEDICAL CANNABIS DISPENSARY
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:
1.
A clinic licensed pursuant to Chapter 1, Division 2 of the Health and Safety Code;
2.
A health care facility licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code;
3.
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;
4.
A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code;
5.
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.
MOBILE RECYCLING UNIT
Means an automobile, truck, trailer, or van and appurtenant bins, boxes, or containers used for the collection of recyclable materials.
NONCONFORMING STRUCTURE
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.
NONCONFORMING USE
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.
OPEN SPACE, COMMON USABLE
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.
OPEN SPACE, PRIVATE USABLE
Means roof, balcony, deck, porch, terrace or other outdoor areas designed for use by the occupants of a single dwelling unit.
OPEN SPACE, USABLE
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.
PARKING FACILITY
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.
PARKING, OFF-STREET
Means parking spaces located on private property or public property that is not designated as a public right-of-way.
PARKING, ON-STREET
Means parking spaces located within the public right-of-way.
PARKING SPACE (OFF-STREET)
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.
PERMIT, USE, MAJOR
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.
PERMIT, USE, MINOR
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.
PLANNED UNIT DEVELOPMENT
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)
PRE-EXISTING
Means in existence prior to the effective date of this ordinance.
PRIVATE SCHOOL
Means a school not operated by the Albany Unified School District, the State or any political subdivision thereof.
RESIDENTIAL DEVELOPMENT
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.
RETAINING WALL
Means a wall of any material that is separate from the structural support of a building and serves to retain earth.
RIGHT CUMULATIVE
Means any right that pertains in addition to, or cumulative to, other rights allowed by law.
RIGHT-OF-WAY, PUBLIC
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.
SENIOR CITIZEN HOUSING DEVELOPMENT
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.
SETBACK
Means the required distance that a building, structure or other designated item must be located from a lot line.
SHOPPING CENTER
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.
SIGNIFICANT TOBACCO RETAILER
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:
a. 
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.
b. 
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.
STORY
Means a portion of a building included between the upper surface of a floor and the upper surface of the floor or roof above.
STREET
Means a public thoroughfare dedicated as such or acquired for use as such, which affords the principal means of access to abutting property.
STREET LINE
Means a boundary line between a street and abutting property.
STRUCTURE
Means anything constructed or erected which requires a location on the ground.
TRANSITIONAL HOUSING
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."
TREE, LANDMARK
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.
TREEHOUSE
Means a structure that utilizes a tree as a principal support.
UPHILL SITE
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.
USE, ACCESSORY
Means a subordinate use that is incidental to the principal use of a site, structure, or dwelling unit.
USE, PRINCIPAL
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
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:
a. 
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.
b. 
Antenna Equipment A cabinet, room, or similar structure which houses the electronic facilities used to operate an antenna.
c. 
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.
d. 
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.
e. 
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.
f. 
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.
g. 
Maintenance For purposes of this section, maintenance is defined as:
1) 
Scheduled preventive inspections and activities per manufacturer's instructions or regulatory requirements;
2) 
Corrective maintenance including modification to existing equipment to repair physical damage or correct internal faults;
3) 
Minor repositioning or changes in internal components to improve performance or energy efficiency or increase power output;
4) 
Other changes to the existing equipment that does not substantially change appearance.
h. 
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.
i. 
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.
j. 
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.
k. 
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.
l. 
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.
m. 
Receive-Only Antenna means antenna for the reception of radio and television signals, without transmitting capabilities; may include pole or dish types of antennas.
n. 
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.
o. 
Satellite Dish means a bowl-shaped antenna used to receive and/or transmit electromagnetic signals to and from an orbiting satellite.
p. 
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.
YARD
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.
a. 
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.
b. 
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.
c. 
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.
020 yard.tif
[Ord. No. 04-09]
The purpose of this section is to establish zoning districts, adopt an official Zoning Map, and determine permitted land uses and conditionally permitted land uses which will be consistent with the General Plan and adopted specific plans.
[Ord. No. 04-09]
The several classes of zoning districts into which the City may be divided are as follows:
Designation of Zoning Districts
Section
Zoning District
Designation
20.12.050.B.1
Residential Single Family
R-1
20.12.050.B.2
Residential Medium Density
R-2
20.12.050.B.3
Residential High Density
R-3
20.12.050.B.4
Residential Towers
R-4
20.12.050.B.5
Residential Hillside Development
RHD
20.12.060.B.1
Solano Commercial
SC
20.12.060.B.2
San Pablo Commercial
SPC
20.12.060.B.3
Commercial Mixed Use
CMX
20.12.070.B.1
Public Facilities
PF
20.12.070.B.2
Waterfront
WF
20.12.080.B.1
Hillside Overlay District
:H
20.12.080.B.2
Commercial Node Overlay District
:CN
20.12.080.B.3
Planned Residential/Commercial Overlay District
:PRC
20.12.080.B.4
Professional Overlay District
:P
20.12.080.B.5
Residential-Commercial Transition District
:RCT
20.12.080.B.6
Watercourse Overlay District
:WC
A summary of the permitted and conditionally permitted uses in each Zoning District is presented in subsection 20.12.040, Table 1, Permitted Land Uses by District.
[Ord. No. 04-09]
This subsection consists of the Zoning Map of the City, which map may be amended in whole or in part in accordance with the zoning amendment procedure set forth in subsection 20.100.070 of this chapter.
A. 
Location and Boundaries of Zoning Districts. The designation, location and boundaries of the aforesaid zones shall be delineated on the Zoning Map of the City.
B. 
Boundaries. Wherever any uncertainty exists as to the boundary of any district as shown on the Zoning Map, the following regulations shall control:
1. 
Where a boundary line is indicated as following a street or alley, it shall be construed as following the centerline thereof.
2. 
Where a boundary line is indicated as approximately following a lot line, the lot line shall be construed to be the boundary.
3. 
Where a boundary line crosses property under one (1) ownership, the boundary line shall be determined by the use of the scale designated on the map.
4. 
Where further uncertainty exists, the Planning and Zoning Commission, upon written application or on its own motion, shall determine the location of the boundary in question, giving due consideration to the location indicated on the Zoning Map and the purposes of this chapter as stated in subsection 20.04.030.
C. 
Zoning Map Amendments.
1. 
Ordinance No. 06-014.[1]
a. 
Change from "R-3" Residential High Density, to "R-2" Residential Medium Density:
(1) 
All properties fronting on the east side of Kains Avenue, extending from Brighton Avenue on the north to the south city limit; plus certain adjacent properties fronting on Brighton, Garfield, Washington, Portland and Marin Avenues and Dartmouth Street that are currently within the same zoning district as the Kains properties. (Properties that front on Solano Avenue, which are zoned for commercial use, are not included.)
(2) 
All properties fronting on the west side of Adams Street, extending from the southern boundary of the Orientation Center for the Blind on the north to Buchanan Street on the south; plus certain adjacent properties fronting on Clay Street that are currently within the same zoning district as the Adams properties. (Properties that front on Solano Avenue, which are zoned for commercial use, are not included.)
(3) 
Change from "R-4," Residential Towers, to a new "R-3-PR," Residential High Density combined with the Planned Residential Overlay District for the purpose of avoiding nonconformity on account of existing building height: All properties located at 535 and 545 Pierce Street, (Bayside Commons and Bridgewater) including all condominium units and common areas. (This change of zoning does not involve the property at 555 Pierce Street, which will remain "R-4 Residential Towers.")
[1]
Editor's Note: Ordinance No. 06-014 referred to Exhibit A illustrating these zoning amendments, which was not provided with this ordinance.
2. 
Ordinance No. 2011-07:
a. 
"Medium Density Residential" (R-2) to "San Pablo Commercial" (SPC) zoning designation with the addition of the "University Village/San Pablo Avenue Overlay District" based on substantial evidence contained in the administrative record.
3. 
Ordinance No. 2019-06 (6-3-2019):
a. 
Establishing the zoning classifications of R-3 and PF for the parcel located at Cleveland Avenue and Washington Avenue.
[Ord. No. 04-09; Ord. No. 07-01 § 2; Ord. No. 09-03 § 3; Ord. No. 09-011 §§ 2, 3; Ord. No. 2011-08 § 3; Ord. No. 2014-02 § 1; Ord. No. 2014-05 § 2; Ord. No. 2014-11 § 1; Ord. No. 2019-01 § 1; 6-1-2020 by Ord. No. 2020-04]
Editor's Note: Table 1, Permitted Land Uses by District, is included as an attachment to this chapter.
[Ord. No. 04-09; Ord. No. 2014-05 § 3]
A. 
General Purposes of Residential Districts. The City's residential districts are intended to:
1. 
Protect residential neighborhoods and achieve design compatibility between single- and multi-family developments and commercial districts, preserve neighborhood character, and ensure adequate buffers between zoning districts through physical development standards and performance standards;
2. 
Provide adequate sites for public and quasi-public land uses needed to complement residential development; and
3. 
Ensure adequate light, air, privacy, and open space for each dwelling.
B. 
Specific Purposes of Individual Residential Districts. See Table 2A, subsection 20.24.020, for maximum densities permitted in each district.
1. 
Residential Single Family District (R-1): The Residential Single Family District provides opportunities for low-density residential development characterized by single-family homes on individual lots. Secondary residential units are permitted subject to appropriate standards and review procedures. The district corresponds to the Low Density Residential designation in the General Plan Land Use Element.
2. 
Residential Medium Density District (R-2): The Residential Medium Density District provides for residential living at moderate densities. Secondary residential units are permitted subject to appropriate standards and review procedures. The district corresponds to the Medium Density Residential designation in the General Plan Land Use Element.
3. 
Residential High Density District (R-3): The Residential High Density District provides opportunities for high-density residential development characterized by a mix of housing types, including townhouses, duplexes, apartments and condominiums, subject to appropriate standards. Secondary residential units are permitted subject to appropriate standards and review procedures. The district corresponds to the High Density Residential designation in the General Plan Land Use Element, with the exception of those properties on the west side of Albany Hill that are within the Residential Towers District.
4. 
Residential Towers District (R-4): The Residential Towers District applies specifically to properties on the west side of Albany Hill and is characterized by high-density apartment or condominium buildings. The district represents a portion of the area designated as Residential Towers [pending amendment] by the General Plan Land Use Element.
5. 
Residential Hillside Development District (RHD): The Residential Hillside Development District establishes standards and requirements for appropriate hillside development on Albany Hill, consistent with the General Plan and Measure K (1994).[1] Secondary residential units are permitted subject to appropriate standards and review procedures. More specifically, the RHD district is intended:
a. 
To reduce the likelihood of earth movement, landslides and development on unstable terrain in order to protect the health and safety of the community.
b. 
To minimize grading (cut-and-fill) to a point consistent with the retention of the natural character of hillside areas and to prohibit, to the extent feasible, grading of flat pads or terracing of building sites in hillside areas.
c. 
To minimize the water run-off and soil erosion problems resulting from excessive grading which changes the historical runoff patterns to accommodate development needs.
d. 
To maximize safety and enjoyment while adopting development to, and taking advantage of, the best use of the existing natural terrain.
e. 
To establish development requirements that are consistent with the environmental constraints and visual importance of the Albany Hill area.
f. 
To preserve and enhance the beauty of the landscape by encouraging the maximum retention of natural topographic features such as drainage swales, slopes, ridgelines, vistas, trees and natural plant formations.
g. 
To preserve, enhance and promote the existing and future aesthetic appearance and environmental resources of the hillside area.
[1]
Editor's Note: See Appendix C, Measure K, which is included as an attachment to this chapter.
[Ord. No. 04-09; Ord. No. 2019-01 § 1]
A. 
General Purposes of Commercial Districts. The City's commercial districts are intended to:
1. 
Provide appropriately located areas for a full range of retail, office, service and industrial uses needed by the City's residents, businesses and workers;
2. 
Strengthen the City's economic base, and provide employment opportunities for residents of the City; and
3. 
Ensure that the character of commercial buildings and uses is harmonious with the area in which they are located.
B. 
Specific Purposes of Individual Commercial Districts.
1. 
Solano Commercial District (SC): The Solano Commercial District accommodates commercial uses which supply a wide range of commercial retail and related services both to the adjacent neighborhoods and the surrounding communities, within an attractive pedestrian-oriented shopping environment. The district also provides opportunities for office development and high-density residential development, including mixed-use settings. The district corresponds to the Solano Avenue Mixed Use designation in the General Plan Land Use Element.
2. 
San Pablo Commercial District (SPC): The San Pablo Commercial District accommodates commercial and retail businesses serving a Citywide or larger market in a boulevard environment, subject to specific standards. The district encourages the redevelopment of underutilized parcels into pedestrian-oriented retail, office, and high-density residential development, which are preferably in mixed-use settings. The district corresponds to the San Pablo Mixed Use designation in the General Plan Land Use Element.
3. 
Commercial Mixed Use District (CMX): The Commercial Mixed Use District provides for a broad range of retail, production, light manufacturing, distribution, and repair uses consistent with the Commercial Services and Production designation in the General Plan Land Use Element. More specifically, the "CMX" district is intended:
a. 
To reserve appropriately located land for larger-scale commercial service uses, creative activities, light industrial plants uses, and related activities;
b. 
To provide adequate space to meet the needs of commercial and industrial development, including off-street parking and truck loading areas and landscaped areas;
c. 
To ensure that commercial light industrial activities are undertaken and maintained in a manner that minimizes fire, health, and safety risks, hazardous materials, and other potentially adverse impacts on surrounding properties and persons;
d. 
To ensure that the appearance of commercial and industrial structures and uses are harmonious with the visual character of the City.
[Ord. No. 04-09]
A. 
General Purposes of Public and Special Districts. The City has designated certain districts to accommodate public and quasi-public uses and institutions, and to guide appropriate development of lands at the Albany Waterfront.
B. 
Specific Purposes of Individual Public and Special Districts.
1. 
Public Facilities District (PF): The Public Facilities District provides a procedure for the orderly establishment of public facilities, expansion of their operations, or change in such uses. The district accommodates publicly owned land, including State and Federal facilities, parks, public and private schools, hospitals, and other major institutional uses. Both open and developed areas are appropriate within the district. The district accommodates a combination of residential and commercial uses on portions of the University of California property. The areas within the district correspond to the areas designated in the General Plan Land Use Element as Open Space and Institutional, with the exception that some small, quasi-public sites are located within residential districts, and open space lands west of the Interstate 80 and 580 Freeways are included within the Waterfront District.
2. 
Waterfront District (WF): Consistent with Measure C Citizens' Waterfront Approval Initiative (1990), the Waterfront District provides for the water-oriented uses called for in the Waterfront Master Plan, as well as the open space conservation, parks and recreation, and commercial recreation uses outlined in the Land Use Element and the Conservation Recreation and Open Space Element of the General Plan, in the area west of the Interstate 80 and 580 Freeways. Measure C stipulated that the following actions, if they authorize any use not authorized by the Zoning Ordinance for the Waterfront District as of the effective date of Measure C, shall only be taken by passage of a ballot measure approved by a majority of voters voting.
a. 
Any amendment to the land use designations for the Waterfront Area in the City's General Plan;
b. 
The establishment of, or any material amendment to, the Waterfront Master Plan or other specific plan for the Waterfront area. The meaning of the phrase "material amendment" shall be defined in the Waterfront Master Plan itself or other specific plan for the Waterfront area itself;
c. 
Any amendment to the Zoning Ordinance for the Waterfront area including changes to the text and changes to the map of the Waterfront Area.
d. 
The entry into any development agreement and/or any material amendment to a development agreement for the Waterfront Area. The meaning of the phrase "material amendment to a development agreement" shall be defined in the development agreement itself. A development agreement or an amendment to a development agreement shall be deemed "entered into" on the date that the election results approving the agreement or amendment are certified in the manner provided by the Elections Code.
[Ord. No. 04-09; Ord. No. 06-014 § 5; Ord. No. 2011-06]
A. 
General Purposes of Overlay Districts. Overlay districts are zoning districts established by the City to carry out specific purposes. Purposes may include objectives such as protection of watercourses or hillside sites, or permitting particular land uses under controlled circumstances. In fulfilling the purposes of any overlay district the City may apply a set of regulations that will be applicable in addition to the regulations for the base zoning district. Overlay districts may be established by the City without being actually delineated on the Zoning Map.
B. 
Specific Purposes of Individual Overlay Districts.
1. 
Hillside Overlay District (:H): The Hillside Overlay District is intended to be applied in those portions of Albany Hill which are substantially developed with residential uses. The purpose of this District is to apply specific height regulations appropriate to the topographic characteristics of Albany Hill and to permit variations in required yards where appropriate.
2. 
Commercial Node Overlay District (:CN): The Commercial Node Overlay District is intended to be applied to limited areas for the purposes of:
a. 
Intensifying retail, commercial and mixed use activities around major intersections;
b. 
Reinforcing existing and developing concentrations of pedestrian-oriented uses; and
c. 
Defining the major commercial areas in Albany through distinctive design standards for specific locations.
3. 
Planned Residential/Commercial Overlay District (:PRC): The Planned Residential/Commercial Overlay District is intended to encourage mixed-use developments on large sites on San Pablo Avenue. Exclusively commercial development is also permitted. In either case, the ground floor frontage on San Pablo Avenue shall be commercial.
4. 
Professional Overlay District (:P): The Professional Overlay District is intended to permit the establishment of professional offices in residential areas where the establishment of such offices would be compatible with the surrounding residential neighborhood.
5. 
Residential-Commercial Transition Overlay District (:RCT): The Residential-Commercial Transition Overlay District is intended to be applied to portions of the San Pablo Commercial District where properties have frontage on Kains Avenue, for the purposes of:
a. 
Allowing the limited expansion of commercial activity presently fronting on San Pablo Avenue, or facilitating the development of new uses fronting on San Pablo Avenue.
b. 
Encouraging the development of mixed commercial and residential uses along San Pablo Avenue and extending through the depth of those blocks subject to limitations on nonresidential use on the Kains Avenue frontage.
c. 
Establishing additional development standards for properties along Kains Avenue, in order to minimize the impact of any commercial or high-density residential activities within the Residential-Commercial Transition Overlay District upon the residential uses both adjacent to and across the street from such activities.
6. 
Watercourse Overlay District (:WC): The Watercourse Overlay District is intended to promote the preservation and restoration of Albany's creekside areas. It is also the purpose of the WC District to regulate land use in flood-prone areas to protect property from damage due to flood waters and the transportation by water of wreckage and debris. The WC District includes the following:
a. 
Areas within seventy-five (75) feet of the centerline of Cerrito and Codornices Creeks; and
b. 
Areas designated on the Federal Insurance Rate Map as zones of Special Flood Hazards.
7. 
Planned Residential Overlay District ("PR"): The Planned Residential Overlay District is intended to be compatible with large-scale residential developments which are characterized by certain variations in development standards, including building height, that have been or may be approved by the City through a conditional use permit or a Planned Unit Development process, while maintaining compliance with the density standards of the General Plan and the underlying residential zoning district.
8. 
University Village/San Pablo Avenue Overlay District: The University Village/San Pablo Avenue Overlay District is intended to be applied to those portions of University Village with frontage along San Pablo Avenue. The purpose of this District is to require mixed-use development within the University Village parcels along San Pablo Avenue, specifically requiring residential development, including residential care uses, consistent with the Realistic Unit Capacity of the San Pablo Commercial Zone as defined by the Housing Element, which may be amended from time to time.
[Ord. No. 04-09]
The purposes of this section are to describe the characteristics of the types of land use that are listed on Table 1, subsection 20.12.040, and to provide a system of classification of individual land use types. Four (4) broad categories allow for the grouping of uses that have generally similar characteristics and impacts. Uses identified within the classifications are intended as examples of types of uses rather than exhaustive lists. Additional uses are not precluded. As new uses occur they can be assigned to the appropriate classification through the procedure described in subsection 20.16.060. Similarly, descriptions of existing uses may be modified as they evolve over time.
[Ord. No. 04-09; Ord. No. 2014-02 § 2; Ord. No. 2014-05 § 4; Ord. No. 2014-11 § 2; Ord. No. 2017-06 § 1]
A. 
Residences.
1. 
Single-Family Dwelling. A freestanding structure arranged, designed, and intended to be occupied as one primary residence. An accessory dwelling unit may also be located in or associated with a single-family dwelling and may be attached or detached.
[Amended 6-1-2020 by Ord. No. 2020-04]
2. 
Two-Family Dwellings (Duplex). A structure that is a type of multi-family residential structure that contains two dwelling units.
3. 
Multi-Family Dwelling. A structure that contains more than two dwelling units. Types of multi-family dwellings include townhouses, and apartment buildings.
4. 
Live/Work Space. Units that provide both living and work space for those engaged in professional or technical fields, or in the fine and applied arts, such as painting, sculpting, graphic design, desktop publishing, writing, and related fields.
5. 
Residential Mixed-Use Development. The use of a lot or building with two or more different land uses including, but not limited to, residential, commercial, retail, or office, in a single structure or a group of physically integrated structures on a contiguous lot.
6. 
Shared Housing. One or more buildings that by their design, arrangement and relationship intentionally bring together several households of various demographics and configurations for housing affordability. The facility may include but not be limited to adaptive or re-use of an existing single-family residence or commercial structure, or new construction. In all variations the housing includes chosen shared daily living areas, private rooms or quarters for each household, and may include optional income generating spaces.
7. 
Senior Citizen Housing Development. A housing development which has been designed to meet the physical and social needs of senior citizens and which qualifies as "housing for older persons," as that phrase is used in California Civil Code Sections 51.3 and 51.12 and Federal statutes. (See subsection 20.08.020. Definitions (A-Z)).
8. 
"Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
[Amended 6-1-2020 by Ord. No. 2020-04]
(a) 
An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
(b) 
A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
9. 
Affordable Dwelling Unit. See subsection 20.08.020. "Affordable Dwelling Unit, for Rent" or "Affordable Dwelling Unit, for Sale."
B. 
Rooming or Boarding House. A dwelling unit in which five (5) or more persons are provided lodging for compensation. Does not include a residential care facility. Provision of lodging for four (4) or fewer persons shall be considered to be an accessory use of a dwelling unit.
C. 
Bed and Breakfast. A facility offering transient lodging to the general public and conducted in a private single-family detached residential unit located in a residential zone, and providing sleeping rooms with private or semiprivate bathroom facilities. (See subsection 20.20.010 for specific regulations applicable to this use.)
D. 
Care Facility, Residential.
1. 
Small. Twenty-four (24) hour non-medical care for six (6) or fewer persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed for residential care by the State of California. (See subsection 20.20.020.C.1 for specific regulations applicable to this use.)
2. 
Large. Twenty-four (24) hour non-medical care for more than six (6) persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed for residential care by the State of California. (See subsection 20.20.020.C.2 for specific regulations applicable to this use.)
E. 
Day Care Homes, Residential.
1. 
Small Family. A day care facility located in a single-family residence where an occupant of the residence provides care and supervision for eight (8) or fewer children, consistent with Section 1597.44 of the California Health and Safety Code. (See subsection 20.20.020.B.1 for specific regulations applicable to this use.)
2. 
Large Family. A day care facility located in a single-family residence where an occupant of the residence provides care and supervision for up to fourteen (14) children, consistent with Section 1597.465 of the California Health and Safety Code. (See subsection 20.20.020.B.2 for specific regulations applicable to this use.)
F. 
Secondary Residential Unit. A separate dwelling unit that contains independent kitchen, sleeping and bathroom facilities which is located on a lot with a residential use, and which is clearly subordinate to the main dwelling. Two bedrooms may be allowed. A kitchen facility shall be defined as a room or a portion of a room, designed or used for the purpose of preparing meals, or containing the necessary appliances. (See subsection 20.20.080 for specific regulations applicable to this use.)
G. 
Transitional Housing. Transitional housing means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be not less than six (6) months.
H. 
Supportive Housing means housing with no limit on length of stay, that is occupied by the target population as defined in subdivision (d) of California Health and Safety Code Section 53260, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
I. 
Single-Room Occupancy (SRO) Residential Hotels. Any building containing five or more guest rooms or units intended or designed to be used, or which are used, rented, or hired out, to be occupied, or which are occupied, for sleeping purposes by residents, which is also the primary residence of those residents. The individual units shall lack either cooking facilities or individual sanitary facilities, or both. However, for purposes of this definition, a Single Room Occupancy Residential Hotel does not include residential care homes, senior housing projects, rooming and boarding houses, hotels and motels, bed and breakfast lodging, extended care facilities or hospitals.
[Ord. No. 04-09; Ord. No. 2019-01 § 2]
A. 
Adult Entertainment Establishments. Establishments based primarily on materials or performances that depict, describe, or relate to specified sexual activities: human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation, or sodomy; fondling or other erotic touching of human genitals (pubic region), buttocks, or female breasts; or any other adult entertainment activity as determined by the Community Development Director. (See subsection 20.20.070.F for specific regulations applicable to this use.)
B. 
Animal Sales and Services.
1. 
Animal Boarding. Provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care.
2. 
Animal Grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding of domestic animals for a maximum period of forty-eight (48) hours.
3. 
Animal Hospitals. Establishments where small animals receive medical and surgical treatment, including grooming and boarding of animals for no more than thirty (30) days if incidental to the hospital use and limited to animals receiving medical care.
4. 
Animal Sales. Retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building. This classification includes grooming if incidental to the retail use.
C. 
Automobile/Vehicle/Equipment Sales and Services.
1. 
Automobile, Vehicle, or Equipment Sales and/or Rental. Sale and/or rental of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, mobile homes, boats and similar equipment, including storage and incidental maintenance.
2. 
Automobile, Vehicle, or Equipment Repair. Repair of automobiles, trucks, motorcycles, motor homes or recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, oil change facilities, body and fender shops, wheel and brake shops, tire sales and installation, and upholstery shops, but excludes vehicle dismantling or salvage and tire retreading or recapping.
3. 
Automobile Service Stations. Establishments engaged in the retail sale of gas or diesel fuel, lubricants, parts, and accessories. This classification includes incidental maintenance and repair of automobiles when performed in conjunction with the sale of gas or diesel fuel and vehicle washing, but excludes body and fender work or repair of heavy trucks or vehicles.
4. 
Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles.
D. 
Bar. An establishment the primary function of which is to prepare and serve alcoholic beverages for on-site consumption. Such establishment is distinguished from an "eating place" for purposes of licensing by the California Department of Alcoholic Beverage Control. Such establishment may or may not provide live entertainment. (See subsection 20.20.070.C and D for specific regulations applicable to this use.)
E. 
Building Materials Sales and Service.
1. 
Within an Enclosed Building. Retailing, wholesaling, or rental of building supplies or construction equipment. This classification includes lumber, tool and equipment sales or rental establishments, but excludes establishments devoted exclusively to retail sales of paint and hardware and activities classified under vehicle/equipment sales and services, including vehicle towing services.
2. 
Open Storage Area. Same as above, including lumberyards and building contractors' yards.
F. 
Commercial Recreation/Entertainment. Provision of participant or spectator recreation or entertainment. This classification includes theaters, sports stadiums and arenas, gaming facilities, amusement parks, bingo parlors, bowling alleys, billiard parlors, poolrooms, dance halls, ice/roller skating rinks, golf courses, miniature golf courses, golf driving ranges and archery ranges, scale-model courses, shooting galleries, tennis/racquetball courts, croquet courts, swim clubs, pinball arcades or electronic games centers having more than five (5) coin-operated game machines, and the like.
G. 
Commercial Recreation/Entertainment in the Waterfront District. Includes live horse racing which exceeds one hundred twenty (120) days in any calendar year (irrespective of whether conducted by one or more operators at the facility), golf, tennis, swimming and other commercial or spectator or participatory activities and uses which, in the opinion of the Planning and Zoning Commission, are of a similar nature.
H. 
Communications Facilities. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding major utilities. This classification includes radio, television, or recording studios; and telephone switching centers.
I. 
Construction Services (Contractors). Businesses that are characterized by the installation of materials or equipment on the property of the purchaser. Equipment and materials are stored indoors in this use type.
J. 
Custom Manufacturing. An establishment primarily engaged in on-site production of goods by hand manufacturing or artistic endeavor and the incidental direct sale to consumers of goods produced on site. Use involves only the use of hand tools or small mechanical equipment that does not generate substantial toxins, noise, or odors. Typical uses include ceramic studios, custom clothing, furniture making, and jewelry manufacturers.
K. 
Dry Cleaner (Retail). A service business use in which clothes are deposited by a customer to be dry- cleaned or laundered at another location or the same location. Such agents may also engage in clothing repairs, alterations, pressing and/or ironing. This classification excludes dry cleaning plants.
L. 
Financial Institutions. Establishments that provide retail banking, credit, and mortgage services to individuals and businesses. This classification includes businesses offering check-cashing facilities.
M. 
Food and Beverage Preparation. Businesses preparing and/or packaging food for wholesale and/or retail sales and the incidental direct sale to consumers of goods produced on site. Use excludes those of an industrial character in terms of processes employed, waste produced, water used, and traffic generation. Typical uses include bakeries, small coffee roasters, micro-breweries, and micro-distilleries.
N. 
Funeral and Interment Services. Establishments primarily engaged in the provision of services involving the care, preparation or disposition of human dead. Typical uses include crematories, columbarium, mausoleums or mortuaries.
O. 
Gyms and Health Clubs. Facilities offering the use of exercise equipment or space for the public, and/or providing services such as, but not limited to, expertise and instruction for fitness training, martial arts and aerobics classes.
P. 
Hotels and Motels. Establishments offering transient lodging on a less than weekly basis, which also may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities.
Q. 
Laboratory, Limited. Medical or dental laboratory services or photographic, analytical, or testing services in an establishment of less than two thousand (2,000) square feet. (Other laboratories are classified as limited industry.)
R. 
Laundry, Large-Scale. A building or structure in which the business of a laundry is conducted on the ground floor in which only water and detergent are used, and where the drying, ironing and finishing of such goods are conducted.
S. 
Laundry, Self-Service. A business which offers self-service laundry and/or dry cleaning machines and dryers, which are coin, token or otherwise fee operated.
T. 
Liquor Store. An establishment licensed by the State of California for "off sale general" sales of beer, wine and distilled spirits for consumption off the premises where sold; also known as package store.
U. 
Marina and Boat Launching Ramps. A facility for storing, servicing, fueling, berthing, and securing and launching of private pleasure craft that may include the sale of fuel and incidental supplies for the boat owners, crews and guests.
V. 
Offices, General. Administrative offices, including offices of public or quasi-public service agencies or corporate management offices; financial businesses, including banks and companies dealing in trusts, mortgages or investments; real estate businesses including brokers, appraisers and property managers; or office operations that provide products or services to the public in a manner similar to retail sales, as may be the case with, for example, travel and insurance businesses.
W. 
Offices, Professional. Individuals, firms or organizations providing professional services which are characterized by the advisory or consultative nature of the services, and by an operational pattern of meeting clients in scheduled appointments. Examples include accounting services; counseling services such as provided by psychologists or social workers; design services such as architect, engineer or software development; legal services; and medical services such as provided by physicians, dentists, psychiatrists, chiropractors and acupuncturists. The classification includes medical or other laboratories that are incidental to, or supportive of, professional offices.
X. 
Parking Facilities, Nonresidential. Areas or structures for vehicle parking not associated with residential uses. May be available for public use or restricted to vehicles of employees and/or customers, and may be operated on a fee or non-fee basis. May also include corporate or fleet vehicles associated with an abutting use, but the storage of vehicles for sale or repair is prohibited.
Y. 
Pawn Shops. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property.
Z. 
Printing, Retail. A commercial establishment open to the general public that is primarily involved in the electronic duplication of graphic and printed materials for personal or business use, and which also provides other products and services including, but not limited to, photocopying, electrostatic printing, laser printing, word processing services, computer generated graphics, computer aided design services, video imaging and reproduction services, on-site computer rental, and on-site teleconferencing.
AA. 
Printing, Industrial. A commercial establishment that is not open to the general public that is primarily involved in the duplication of graphic and printed materials through the use of offset printing, or similar printing processes.
BB. 
Repair Services (non-auto). Establishments providing repair services for personal items and small equipment (such as household appliances, computers, television, audio or video equipment, and office machines repair). This classification excludes maintenance and repair of vehicles (see automobile/vehicle/equipment repair).
CC. 
Research and Development, Commercial. Establishments which are compatible in scale with a retail environment, and are primarily engaged in the research, development, and controlled production of high-technology, electronic, industrial or scientific products or commodities for sale. This classification includes biotechnology firms and manufacturers of computer components.
DD. 
Research and Development, Educational. Facilities engaged in educationally-oriented industrial or scientific research and product development.
EE. 
Restaurant. Businesses serving prepared food or beverages for consumption on or off the premises.
1. 
With Live Entertainment. Musical, theatrical, song or dance, pantomime, scene, or performance for the purpose of entertaining a guest or patron, on a scheduled basis more than three times a calendar year, regardless of whether the performers are compensated. (See subsection 20.20.070.D for specific regulations applicable to this use.)
2. 
With Take-out Service. Establishments at which twenty (20%) percent or more of the transactions are sales for off-site consumption. This category includes establishments with walk-up and drive-through facilities.
a. 
Walk-up Facilities. Establishments where patrons order and pay for their food at a counter within the establishment. (See subsection 20.20.070.B.3.a for specific regulations applicable to this use.)
b. 
Drive-through Facilities. Service from a building to persons in vehicles through an outdoor service window. (See subsection 20.20.070.B.3.b for specific regulations applicable to this use.)
FF. 
Retail, Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include supermarkets, specialty food stores, liquor stores, or delicatessens. This category also includes large-scale stores that sell food items and beverages in bulk, and also may sell bulk household and office products. Uses may include on-site automated teller machines (ATMs) or limited seating for eating areas.
GG. 
Retail, Nurseries and Garden Supplies. Establishments primarily engaged in the retail sale of plants grown elsewhere, and the incidental sale or rental of garden and landscape materials and equipment.
HH. 
Retail Sales. Establishments engaged in sale of goods, including, but not limited to, the retail sale of merchandise not specifically listed under another use classification.
1. 
Neighborhood Retail. This classification includes retail services primarily oriented towards surrounding neighborhoods. It includes but is not limited to apparel stores, drug stores and pharmacies, dry goods stores, florists, and jewelry stores.
2. 
Community Retail. This classification includes retail services oriented towards a citywide customer base. It includes but is not limited to department stores, new automotive parts sales, large appliance sales, office supplies and equipment sales, and furniture sales.
3. 
Regional Retail. This classification includes retail services oriented towards a regional customer base. It includes but is not limited to bulk retail centers that sell food and household items in bulk.
4. 
Waterfront and Sports-related Commercial Sales and Services.
II. 
Services, Ambulance. Administrative facilities for emergency medical care operated by private or nonprofit organizations, including provision of transportation services, sleeping facilities and incidental storage and maintenance of vehicles.
JJ. 
Services, Business. Establishments providing building maintenance, document delivery, mail receiving and boxes, graphic arts, blueprinting, typesetting, copying, and photographic services. This classification excludes maintenance and repair and accounting, advertising, architectural design, city planning, environmental analysis, insurance, interior design, investment, landscape design, law, management consulting, title companies, and real estate offices.
KK. 
Services, Catering. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption.
LL. 
Services, Instructional. Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools, diet centers and reducing salons.
MM. 
Services, Massage. Establishments providing massage services or on-call massage services. (See subsection 20.20.050 for specific regulations applicable to this use.)
NN. 
Services, Personal. Provision of services of a personal nature. This classification includes barber and beauty shops, nail salons, tanning salons, seamstresses, tailors, shoe repair, dry cleaning agencies (excluding plants), photocopying, self-service laundries, spa and hot tub facilities, and the like.
OO. 
Tutoring/Lessons. A facility offering academic tutoring or lessons to school-aged children; excludes schools.
[Ord. No. 04-09]
A. 
Industry, Limited. Manufacturing of finished parts or products, primarily from previously prepared materials; and provision of industrial services; both within an enclosed building. This classification includes bakeries, laundry and dry cleaning plants, commercial printers and businesses engaged in processing, fabrication, assembly, treatment, and packaging, but excludes basic industrial processing from raw materials, food processing, and vehicle/equipment services.
B. 
Industry, General. Manufacturing of products, primarily from extracted or raw materials, or bulk storage and handling of such products and materials. This classification includes food processing and packaging, stonework and concrete product manufacturing, forging, stamping, power generation, sawmills and paper manufacturing.
C. 
Truck Terminal. Facilities for freight service and operations by truck.
D. 
Warehousing and Storage. Facilities for bulk transfer and storage with no on-site sales.
1. 
Indoor Storage. Storage of commercial goods prior to their distribution to wholesale and retail outlets within an enclosed building. This classification includes personal property storage.
2. 
Outdoor Storage. Storage of vehicles or commercial goods in open lots.
E. 
Wholesaling and Distribution. Indoor storage and sale of factory-direct merchandise and bulk goods. This use classification includes mail-order sales, importing and the retail or wholesale sale of goods imported by the establishment, and wholesale distribution, but excludes sale of goods at discount prices for individual consumption.
[Ord. No. 04-09; Ord. No. 07-01 § 3; Ord. No. 2011-08 § 4; Ord. No. 2014-02 § 3]
A. 
Community Assembly. Nonprofit institutions providing for public gatherings or events. This classification includes community playhouses.
B. 
Clubs or Lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs and youth centers.
C. 
Cultural Activities/Institutions. Nonprofit institutions displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes libraries, museums, and art galleries.
D. 
Day Care Center, (Non-Family). Any facility that provides non-medical care to more than twelve (12) persons on a less than twenty-four (24)-hour basis. This classification includes nursery schools, preschools, and day care centers for children or adults.
E. 
Emergency Shelter. "Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
F. 
Hospitals and Clinics. State-licensed facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This classification includes facilities for in-patient or outpatient treatment, as well as training, research, and administrative services for patients and employees.
G. 
Park and Recreation Facilities. Noncommercial parks, playgrounds, recreation facilities, and open spaces. This classification includes community centers, boat launching ramps and marinas.
H. 
Public Administrative Offices/Facilities. Facilities for public administration; public safety and emergency services, including facilities that provide police and fire protection, and emergency medical services; social services including but not limited to those listed in paragraph L below.
I. 
Public Maintenance Facilities. Facilities providing maintenance and repair services for vehicles and equipment and areas for storage of equipment and supplies for maintenance of public facilities and infrastructure.
J. 
Religious Institutions. Facilities for religious worship and incidental religious education, but not including private schools.
K. 
Schools, Public or Private. Facilities for kindergarten through twelfth (12th) grade, or adult education, and private educational institutions.
L. 
Social Service Facilities. Establishments offering counseling and short-term emergency services. Social service facilities include:
1. 
Drug abuse center.
2. 
Housing services.
3. 
Neighborhood recovery centers.
4. 
Social service agencies.
M. 
U.S. Post Office. Government retail postal service branch office that may or may not include mail carrier services.
N. 
Utilities, Major. Generating plants, electrical substations, electrical transmission lines, switching buildings, refuse collection and transfer stations, processing, recycling or disposal facilities, major flood control or drainage facilities, water or wastewater treatment plants, or transportation, and all similar facilities.
O. 
Utilities, Minor. New utility facilities that are necessary to support established uses and involve only minor structures such as electrical distribution lines and aboveground cabinets.
P. 
Utilities, Underground. Public or regulated underground utility that provides water, sewage collection, electricity, natural gas, telephone, cable television or other public service or goods to the public.
[Ord. No. 04-09]
The Community Development Director shall determine whether a specific use shall be deemed to be within one or more use classification or not within any classification in this chapter. A new use may be incorporated into the ordinance by amending Chapter 20, Planning and Zoning (a zoning text amendment) that adds a new use classification or modifies an existing use classification. The Community Development Director will refer issues regarding General Plan consistency to the Planning and Zoning Commission for resolution.
[Ord. No. 04-09]
A. 
Purpose. This section establishes regulations for the establishment and operation of bed and breakfast transient lodging facilities within private residences in residential zoning districts.
B. 
Standards for Bed and Breakfast Operations.
1. 
Residential Occupancy. A dwelling unit that includes a bed and breakfast facility must be the primary residence of the owner-operator of the bed and breakfast business.
2. 
Limit on Accommodations. A maximum of two (2) bedrooms may be made available for transient occupancy on any site.
3. 
Duration of Stay. No room may be rented for transient occupancy for more than fifteen (15) consecutive days.
4. 
Meals. Meals may be provided only for transient lodgers, and for members of the household and their personal guests.
5. 
Fire Safety. No bed and breakfast facility shall be operated without initial and periodic approval as required by the Fire Marshal.
6. 
Signs. No sign of any nature may be used to distinguish a bed and breakfast facility in any way from a single-family residence.
C. 
Off-street Parking Requirements. One compliant off-street parking space for each bedroom available for transient occupancy shall be provided on the site of the bed and breakfast facility, in addition to the parking spaces required for the dwelling unit. If the property is deficient in off-street parking at the time of application for approval of a bed and breakfast facility, the Planning and Zoning Commission may consider granting an exception under subsection 20.28.040 A. 3, as if the existing dwelling constituted a new residential unit. In no case may the off-street parking requirement for the transient occupancy be reduced.
D. 
Use Permit Required. A major use permit shall be required for any bed and breakfast facility, including any facility that was established prior to the adoption of this Section. Once granted, a use permit for a bed and breakfast facility shall be subject to review for annual renewal.
E. 
Business License Required. Following approval of a use permit and prior to initiation of operations, the owner of a bed and breakfast business shall make application and pay the required fee for a business license pursuant to the Municipal Code or such applicable ordinance or ordinances of this City as may be hereinafter enacted.
[Ord. No. 04-09; Ord. No. 09-011 § 4]
A. 
Purpose. This section establishes regulations for care facilities in compliance with State law. The standards are in addition to any other applicable requirements of the Municipal Code or the California Department of Social Services, which issues licenses to community care facilities.
B. 
Family Day Care Homes. Two types of Family Day Care Homes are distinguished, pursuant to State regulations: Large Family Day Care Homes and Small Family Day Care Homes. Both types are located within family residences, under the operation of the residents thereof.
1. 
Small. State-licensed facilities for eight (8) or fewer children of less than eighteen (18) years of age are an accessory use of residentially zoned and occupied properties. Small Family Day Care Homes shall not be considered as home occupations for permitting or licensing purposes. Operation of such a facility without a State license shall be a violation of the zoning ordinance.
2. 
Large. State-licensed facilities that exceed the permitted occupancy of Small Family Day Care Homes may accommodate up to fourteen (14) children of less than eighteen (18) years of age, subject to approval of a Minor Use Permit. The following standards shall be applicable to Large Family Day Care Homes:
a. 
Adjacent Residential Uses. No residential property shall be abutted on more than one (1) side by any combination of a large family day care home, a day care center, or a residential care home.
b. 
Spacing of Facilities. No Large Family Day Care Home or day care center shall be permitted if any other licensed Large Family Day Care Home or day care center is located within three hundred (300) feet of the lot subject to the application.
c. 
Parking Requirement. Each Day Care Home shall have the number of parking spaces required for residential units, in compliance with subsection 20.28.030.A, and one (1) additional parking space for each person, or full-time equivalent, working at the facility, other than a person who resides at the home. One (1) additional space, which may be an on-street space, shall be available for the drop-off and pickup of the children to ensure that the children are not placed at risk and street traffic is not unduly interrupted. Where the home is located on a lot having less than twenty-two (22) feet of legally permitted on-street parking along the frontage, a drop-off space shall not be required. A driveway that meets the dimensional requirements of this chapter may be utilized to meet any additional off-street parking spaces required for the use. Driveway-parking space(s) may be in tandem with spaces required for the residential unit. In evaluating the parking requirement for a large family day care home, the approving body shall consider the number of employees at the site, parking conditions in the neighborhood, and the cumulative effects of any previously-approved reductions in parking requirements for the site.
d. 
Public Notice and Hearing. At least ten (10) calendar days prior to an administrative public hearing on a Minor Use Permit for a Large Family Day Care Home, notice of the proposed use and public hearing shall be mailed or delivered to owners of property within one hundred (100) feet of the exterior boundaries of the proposed day care home, as described in subsection 20.100.030.C.
C. 
Residential Care Homes.
1. 
Small. State-licensed facilities for six (6) or fewer residents are an accessory use of properties on which residential occupancy is permitted. Operation of such a facility without a State License shall be a violation of the zoning ordinance. Small Residential Care Homes shall not be considered as home occupations for permitting or licensing purposes.
2. 
Other. All licensed residential care facilities providing for more than six (6) residents shall be subject to approval of a Major Use Permit.
a. 
Adjacent Residential Uses. No residential property shall be abutted on more than one (1) side by any combination of a large family day care home, a day care center or a residential care home.
b. 
Spacing of Facilities. No residential care facility shall be permitted if any other licensed residential care facility is located within three hundred (300) feet of the lot subject to the application.
c. 
Parking Requirement. Each residential care facility for more than six (6) residents shall have the number of parking spaces required for residential units, in compliance with subsection 20.28.030.A, and one (1) additional parking space for each person, or full-time equivalent, working at the facility, other than a person who resides at the home. A driveway that meets the dimensional requirements of this chapter may be utilized to meet additional off-street parking space requirements for the use. Driveway parking space(s) may be in tandem with spaces required for the residential unit.
[Ord. No. 04-09]
Any retail trade or service use providing drive-in/drive-through facilities shall be designed and operated to mitigate problems of air pollution, congestion, excessive pavement, litter, noise, and unsightliness in the following manner:
A. 
Pedestrian Circulation. On-site pedestrian walkways normally should not intersect the drive-through aisles, but where such an intersection is necessary the pedestrian way shall have clear visibility, and be emphasized by enhanced paving or markings.
B. 
Drive-Through Lane Dimensions. Drive-through aisles shall have a minimum ten (10) foot interior radius at curves and a minimum twelve (12) foot width. Each drive-through entrance/exit shall be at least fifty (50) feet from a street intersection, and at least twenty-five (25) feet from any curb cut on an adjacent property.
C. 
Screening of Drive-Through Aisles. Each drive-through aisle shall be appropriately screened with a combination of landscaping, low walls, and/or berms to a height of forty-two (42) inches to prevent headlight glare from impacting adjacent streets and parking lots. An eight (8)-foot high solid decorative wall shall be constructed on each property line that is adjoining a residentially zoned or occupied parcel. The design of the wall and the proposed construction materials shall be subject to design review according to subsection 20.100.050.
D. 
Stacking Area. Each drive-through aisle shall provide sufficient stacking area in advance of the service window or ATM, to accommodate a minimum of six (6) vehicles. The stacking area shall not interfere with other on-site circulation.
E. 
Menu Board Regulations. Menu boards shall not exceed twenty-four (24) square feet in area, with a maximum height of six (6) feet, and shall face away from public rights-of-way. Outdoor speakers shall be located at least fifty (50) feet from any R District and shall be oriented away from the R District boundary.
F. 
Building Location. Buildings housing drive-through uses shall observe the maximum front setback requirement, and shall not be located on a corner lot, nor located so that access or egress to or from a drive-through facility is by way of any street that has residential uses fronting on either side.
[Ord. No. 04-09; amended 6-1-2020 by Ord. No. 2020-05]
A. 
Purpose. The regulations contained in this section are intended to prescribe conditions under which nonresidential activities may be conducted in conjunction with, but incidental to, residential uses, thus assuring that such activities are not detrimental to the residential character of the neighborhood in which they are located.
B. 
Prohibited Activities. The following items are prohibited from use as a home occupation as they would clearly violate the principle of home occupation as herein defined and would not be businesses which could be carried on clearly incidental to the residential use and without destroying the residential character of the property or neighborhood:
1. 
Automobile repair;
2. 
Barbershops and beauty parlors;
3. 
Clinics and hospitals; also veterinarian clinics and hospitals;
4. 
Kennels and other boarding for pets;
5. 
Offices for physicians, dentists and other medical practitioners, except that a practitioner, in conducting the business through house calls, may use the home for clerical and similar work;
6. 
Other uses which, in the opinion of the Community Development Director, conflict with the purpose of this section.
C. 
Requirements. Home occupations shall be carried out in strict compliance with the following requirements:
1. 
The operation, conduct or maintenance of the home occupation shall not create or maintain, either during daylight or night hours, any disturbance or nuisance, including, but not limited to, noise, odor and light.
2. 
No structural alterations, either visible or otherwise, which tend to diminish the residential character of the residence will be required to be made or will be made to the residence building in order to conduct, operate or maintain the business.
3. 
Existing garages that are required for off-street parking spaces shall not be modified or used so as to preclude the normal parking and storage of family vehicles.
4. 
Businesses or home occupations located in accessory structures shall not adversely affect the enjoyment and use of adjacent residential properties, including, but not limited to, impacts from noise, odor, and light.
D. 
Business License Required. The home occupation or business shall make application and pay the required fee for a business license pursuant to the City Code or such applicable ordinance or ordinances of this City as may be hereinafter enacted.
E. 
Enforcement. The Community Development Director or designee is hereby authorized and directed to enforce the provisions of this section, including issuance of penalties as detailed in the City's Master Fee Schedule.
[Ord. No. 04-09]
Establishments providing massage services may be permitted in commercial districts with a major use permit. In addition, such establishments are subject to the investigation, licensing, and operating requirements set forth in Section 5-13 of the Albany Municipal Code.
[Ord. No. 04-09]
Outdoor storage and display of merchandise, materials, or equipment, including display of merchandise, materials, and equipment for customer pickup and/or selection, shall not be permitted in any zoning district other than SC, SPC or CMX, and may be permitted in those districts only as follows:
A. 
As an ancillary use to a permitted principal use of a site, subject to approval of a Minor Use Permit.
B. 
As a principal use of a site, subject to approval of a Major Use Permit.
C. 
If such storage or display is proposed to occupy any portion of a public right-of-way, an encroachment permit will be required.
D. 
As conditions of approval of such storage or display the approving authority may require conditions including, but not limited to, setback areas, screening, or planting areas necessary to prevent adverse impacts on surrounding properties and the visual character of the City's commercial areas.
[Ord. No. 04-09; Ord. No. 09-011 § 5; Ord. No. 2019-01 § 3]
A. 
Purpose. This subsection distinguishes among various types of facilities for eating, drinking and commercial entertainment, and establishes appropriate regulations to protect surrounding properties and the public health, safety and welfare.
B. 
Restaurants.
1. 
Alcoholic Beverages. Restaurants that serve alcoholic beverages are subject to licensing by the State of California Department of Alcoholic Beverage Control, and to performance criteria.
a. 
Beer and Wine Only. Restaurants requiring an On-Sale Beer and Wine license are permitted uses in the SC and SPC districts, and shall require a minor use permit in the CMX and WF districts.
b. 
Full Service. Restaurants requiring an On-Sale General license for full alcoholic beverage service are permitted uses in the SC and SPC districts, and shall require a minor use permit in the CMX and WF districts.
c. 
Business Hours: Business hours shall be 8:00 a.m. - 11:00 p.m. Sunday-Thursday and 8:00 a.m. — 12:00 a.m. Friday and Saturday. Extension beyond these hours shall be subject to a major use permit.
d. 
Noise Mitigation: All functions in the space must comply with Section 20.36.020.D noise standards, through the use of insulation or other means.
2. 
Outdoor Seating. Outdoor seating for food and beverage service at restaurants may be permitted under procedures and regulations stated below. Required permits may be conditioned to require setback areas, screening, or planting areas necessary to prevent adverse impacts on surrounding properties and the visual character of the City's commercial areas. Design review shall be required for any construction proposed in connection with outdoor seating.
a. 
On Site: Outdoor seating on the premises of a restaurant shall be permitted in all districts where restaurants are permitted uses except that a major use permit shall be required wherever an outdoor seating area is located within fifty (50) feet of any property that is within a residential district or is used for residential purposes. The Planning and Zoning Commission may impose conditions, including but not limited to limitations on hours of operation, to avoid effects of noise, odor and light, among other effects, upon neighboring residential property.
b. 
Sidewalk: Restaurants may be permitted to have outdoor seating on the public sidewalk, provided that such seating will not interfere with pedestrian use of the public sidewalk, subject to approval of a revocable encroachment permit by the Community Development Director, and a zoning clearance or a use permit if such is required for restaurants in the district in which the establishment is located. A zoning clearance or a use permit for sidewalk seating shall be subject to annual administrative renewal. Non- compliance with all permit conditions may result in denial of renewal of the permit. In no case may the number of outdoor seats exceed twenty (20%) percent of the total seating for the establishment nor shall outdoor preparation of food or beverages be allowed.
3. 
Restaurants and Retail Stores with Take-Out Food Service. Establishments at which twenty (20%) percent or more of the transactions are sales for off-site consumption are subject to regulation as follows:
a. 
Walk-Up Facilities: Establishments where patrons order and pay for their food at a counter within the establishment are permitted in the SC and SPC Districts and are conditionally permitted in the CMX District. Such establishments may be permitted to have outdoor seating as specified in (b) above, except that there shall be no required ratio of outdoor seating to indoor seating.
b. 
Drive-Through Facilities: Food or beverage service from a building to persons in vehicles shall be subject to regulations for drive-through uses stated in subsection 20.20.030.
4. 
Entertainment Permit. An entertainment permit shall be required for any place where entertainment is provided within a bar, cocktail lounge, tavern, cafe, restaurant, hotel, motel, or public place where food, alcoholic or other beverages, or other refreshments are served. See Municipal Code Section 5-1.
C. 
(Reserved)
D. 
Bars. Establishments, other than restaurants, that require State licenses for on-premises consumption of beer and wine or general alcoholic beverages shall be subject to a major use permit in all districts where bars are conditionally permitted. The Planning and Zoning Commission may set conditions, including but not limited to limitation of hours and the use of outdoor areas, provision of security personnel and noise attenuation.
E. 
Restaurants and Bars with Live Entertainment. The presentation of entertainment may be permitted in SC, SPC and CMX Districts, subject to an entertainment permit granted by the City Council pursuant to Municipal Code Section 5-11.
F. 
Commercial Recreation and Entertainment. All facilities for the provision of participant or spectator recreation or entertainment on a commercial basis, including but not limited to performing arts, sports, fitness, gaming, and dancing shall require a major use permit.
G. 
Adult Entertainment. The exterior walls of adult entertainment uses shall be at least two hundred (200) feet from an R District and five hundred (500) feet from schools and buildings used for religious assembly.
[Ord. No. 04-09; Ord. No. 2014-05 § 5; Ord. No. 2014-11 § 3; amended 6-1-2020 by Ord. No. 2020-04]
A. 
Purpose. The Accessory Dwelling Unit Ordinance (this section) is intended to:
1. 
Foster and encourage the addition of small, more affordable housing units to the City's housing stock and to help address the state's housing crisis;
2. 
Provide homeowners financial flexibility and the option to share their homes;
3. 
Protect neighborhoods from potentially detrimental effects of unpermitted secondary residential units; and
4. 
Allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22.
B. 
Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
1. 
Deemed to be inconsistent with the City's general plan and zoning designation for the lot on which the ADU or JADU is located.
2. 
Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
3. 
Considered in the application of any local ordinance, policy, or program to limit residential growth.
4. 
Required to correct a nonconforming zoning condition, as defined in the definition of "nonconforming zoning condition" in Subsection C below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.
C. 
Definitions. As used in this section, terms are defined as follows:
ACCESSORY DWELLING UNIT or ADU
An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
1. 
An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
2. 
A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
ACCESSORY STRUCTURE
A structure that is accessory and incidental to a dwelling located on the same lot. The term "accessory structure" shall be deemed to include an "accessory building" as defined in Section 20.08.020 of this Code.
COMPLETE INDEPENDENT LIVING FACILITIES
Permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
EFFICIENCY KITCHEN
A kitchen that includes each of the following:
1. 
A cooking facility with appliances.
2. 
A food preparation counter or counters that total at least eight square feet in area.
3. 
Food storage cabinets that total at least 8 square feet of shelf space.
IMPACT FEE
Has the same meaning as the term "fee" as defined in Subdivision (b) of Section 66000 (Government Code), except that it also includes fees specified in Section 66477 (Government Code). "Impact fee" does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
JUNIOR ACCESSORY DWELLING UNIT or JADU
A residential unit that:
1. 
Is no more than 500 square feet in size;
2. 
Is contained entirely within an existing or proposed single-family primary unit;
3. 
Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family primary unit; and
4. 
Includes an efficiency kitchen, as defined in the definition of "efficiency kitchen" above.
LIVING AREA
The interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
NONCONFORMING ZONING CONDITION
A physical improvement on a property that does not conform with current zoning standards.
PASSAGEWAY
A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
PRIMARY UNIT or PRIMARY RESIDENCE
A single-family or multifamily residential dwelling unit that either exits on or is proposed for a lot zoned for single-family or multifamily residential use.
PROPOSED DWELLING
A dwelling that is the subject of a permit application and that meets the requirements for permitting.
PUBLIC TRANSIT
A location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
TANDEM PARKING
That two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
D. 
Approvals. The following approvals apply to ADUs and JADUs under this section:
1. 
Building-Permit Only. If an ADU or JADU complies with each of the general requirements in Subsection E below, it is allowed with only a building permit in the following scenarios:
(a) 
Converted on Single-family Lot: Only one ADU or JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(1) 
Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress.
(2) 
Has exterior access that is independent of that for the single-family dwelling.
(3) 
Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(b) 
Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling [in addition to any JADU that might otherwise be established on the lot under Subsection D1(a) above], if the detached ADU satisfies the following limitations:
(1) 
The side and rear yard setbacks are at least three feet.
(2) 
The total floor area is 800 square feet or smaller.
(3) 
The height above grade is 16 feet or less.
(c) 
Converted on Multifamily Lot: Multiple ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Multiple converted ADUs shall be permitted, up to 25% of the number of existing multifamily dwelling units.
(d) 
Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing multifamily dwelling if each detached ADU satisfies the following limitations:
(1) 
The side and rear yard setbacks are at least three feet.
(2) 
The height above grade is 16 feet or less.
2. 
ADU Permit.
(a) 
Except as allowed under Subsection D1 above, no ADU or JADU may be created without a building permit and an ADU permit in compliance with the standards set forth in Subsections E and F below.
(b) 
The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU Ordinance. The ADU permit processing fee is determined by the Community Development Director and approved by the City Council by resolution.
3. 
Process and Timing.
(a) 
An ADU permit is considered and approved ministerially by Community Development staff, without discretionary review or a hearing.
(b) 
The City shall act on an application to create an ADU or JADU within 60 days from the date that the City receives an application, unless:
(1) 
The submittal documentation required for compliance review is determined to be incomplete by Community Development staff;
(2) 
The applicant requests a delay, in which case the sixty-day time period is tolled for the period of the requested delay; or
(3) 
The application to create an ADU or JADU is submitted with a permit application to create a new single-family primary unit on the lot. The City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
E. 
General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under Subsections D1 or D2 above:
1. 
Zoning. An ADU or JADU may be created on a lot in a single-family residential, mixed-use residential, or multifamily residential zone. See also Table 1, Subsection 20.12.040.
2. 
Quantity. Except as provided under Subsection D1 above, no more than one ADU or one JADU shall be allowed per lot.
3. 
Fire Sprinklers. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
4. 
Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days.
5. 
No Separate Conveyance. An ADU or JADU may be rented for 30 days or greater, but no ADU or JADU may be sold or otherwise conveyed separately from the primary unit.
6. 
Septic System. If the ADU or JADU will connect to an on-site water treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
7. 
Address and Mailbox. An ADU or JADU shall obtain a separate address from the primary unit and provide a separate mailbox from the primary unit.
8. 
Owner Occupancy.
(a) 
All ADUs are exempt from any owner-occupancy requirements.
(b) 
All JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary unit or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
9. 
Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the Alameda County Recorder's office and a copy filed with the Community Development Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
(a) 
The ADU or JADU may not be sold separately from the primary unit.
(b) 
The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
(c) 
No ADU or JADU may be rented for a term that is shorter than 30 days.
(d) 
The deed restriction runs with the land and may be enforced against future property owners.
(e) 
The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Community Development Director, providing evidence that the ADU or JADU has in fact been eliminated. The Community Development Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Community Development Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
(f) 
The deed restriction is enforceable by the Community Development Director or the Community Development Director's designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
10. 
Impact Fees.
(a) 
No impact fee is required for an ADU that is less than 750 square feet in size.
(b) 
Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary unit (e.g., the floor area of the primary unit, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling).
11. 
Utility Connection and Fees.
(a) 
Utility service for sewer, water, and electricity shall be provided to the ADU or JADU. ADUs and JADUs are not required to have a new or separate utility connection directly between the ADU or JADU and the utility, nor is a connection fee or capacity charge required unless the ADU or JADU is constructed with a new single-family home.
F. 
Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under Subsection D2 above.
1. 
Maximum Size.
(a) 
The maximum size of a detached or attached ADU subject to this Subsection F is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two bedrooms. No more than two bedrooms are allowed.
(b) 
Subject to Subsection F1(c) below, an attached ADU that is created on a lot with an existing primary unit is further limited to 50% of the floor area of the existing primary unit.
(c) 
Application of other development standards in this Subsection F might further limit the size of the ADU, but no application of size requirements based on percentage of the proposed or existing primary unit, FAR, lot coverage, or open space requirements may require the ADU to be less than 800 square feet that is at least 16 feet in height with three-foot side and rear yard setbacks.
2. 
Setbacks.
(a) 
Front Yard Setback. The front yard setback shall be 15 feet, except the R-4 District front yard setback shall be as specified in the use permit for the primary unit.
(b) 
Corner Yard Setback. For ADUs or JADUs located on corner lots only, the exterior street-facing property line setback shall be seven feet six inches.
(c) 
Side and Rear Setbacks. The side and rear setbacks shall be at least three feet for detached ADUs. Expansions to primary units, solely for the creation of attached ADUs, shall also be required to be set back at least three feet from side and rear property lines. Side and rear yard setbacks of zero to six inches may be permitted for detached ADUs with the additional requirement that a foundation form certification prepared by a licensed surveyor shall be submitted to the City for review and authorization prior to foundation pour.
3. 
Floor Area Ratio (FAR). No ADU subject to this Subsection F may cause the total FAR of the lot to exceed 55%, subject to Subsection F1(c) above.
4. 
Lot Coverage. No ADU subject to this Subsection F may cause the total lot coverage of the lot to exceed 50%, subject to Subsection F1(c) above.
5. 
Height.
(a) 
A single-story attached or detached ADU, with setbacks three feet or greater from side and rear property lines, may not exceed 16 feet in height above grade, measured to the peak of the structure.
(b) 
A single-story detached ADU with side and rear setbacks of zero to six inches shall not exceed a wall height of nine feet with a 45° daylight plane within three feet from the property line. Any portion of a detached ADU, at a location of three feet or more from side and rear property lines, shall be permitted to a maximum of 16 feet in height.
(c) 
A second-story or two-story attached ADU may not exceed the height of the primary unit.
(d) 
A detached ADU may not exceed one story.
6. 
Passageway. No passageway, as defined by the definition of "passageway" in Subsection C above, is required for an ADU. However, plans shall indicate the path of travel to the entrance of the unit.
7. 
Location on Site. ADUs shall maintain a minimum of six feet from all structures on site if detached.
8. 
Parking.
(a) 
No additional off-street parking is required for an ADU or JADU.
(b) 
No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
[Ord. No. 04-09]
A. 
Purpose. This section establishes standards for temporary uses that ensure the basic health, safety, and general community welfare.
B. 
Required Permit: The following temporary uses are subject to approval of a Temporary Use Permit as established in subsection 20.100.030.F:
1. 
Arts and Crafts Shows, Outdoor. Display and sale of painting, sculpture, handcrafts and similar objects. Limited to three (3) days per quarter year.
2. 
Outdoor Sales, Permanent Retail Facilities. Sales of merchandise for periods in excess of forty-eight (48) continuous hours, limited to three (3) occurrences per year, on the sites of retail businesses that operate as permitted or conditionally permitted uses, including occasional promotions and seasonal sales, including but not limited to pumpkins and Christmas trees. No Temporary Use Permit is required where regular, occasional or recurring outdoor sales have been approved through a Use Permit.
3. 
Sales Office. An office, including a manufactured or mobile unit, for the marketing, sales or rental of residential, commercial or industrial development. Limited to a maximum period of six months; may be extended for an additional six (6) months through a Minor Use Permit procedure; any longer period shall require approval of a major use permit.
4. 
Seasonal Sales, Temporary Site.
a. 
Purpose. This section establishes regulations for outdoor seasonal sales of agricultural or horticultural products, including but not limited to pumpkins and Christmas trees, that are held in response to a particular holiday or season, and are conducted on a temporary site. Farmer's markets are not subject to these regulations. Seasonal sales by retail businesses that operate on a permanent site are.
b. 
Permit Procedures. In addition to a Temporary Use Permit, other permits, fees and inspections may be required by the City.
c. 
Hours of Operation. The hours of operation for seasonal sales will be established by the Temporary Use Permit.
d. 
Property Maintenance. Upon termination of use, the area used for the seasonal sales shall be cleaned up and returned to its original conditions.
e. 
Duration and Number of Sales Events.
1) 
Pumpkins and Christmas Trees. Sale of pumpkins shall begin no more than twenty-one (21) calendar days prior to October 31. Sale of Christmas trees shall begin no more than thirty-five (35) calendar days prior to December 25.
2) 
All Other Sales. Sale of any seasonal goods other than Christmas trees or pumpkins shall be limited to seven (7) calendar days.
5. 
Sidewalk Sales. Sales conducted by a retail business for a limited time on a portion of the public right-of-way directly abutting the site on which the business is located. In addition to a temporary Use Permit, such activities will require approval of an encroachment permit. Limited to two (2) days per quarter year.
6. 
Swap Meets. Retail sales or exchange of new, handcrafted, or secondhand merchandise. Limited to two (2) days; if recurring on a regular basis, a Minor Use Permit shall be required.
C. 
Required Permits, Minor Use. The following temporary uses are subject to approval of a Minor Use Permit as established in subsection 20.100.030.B, with a public hearing. Where longer periods are requested, a Major Use Permit shall be required.
1. 
Commercial Filming. Commercial motion picture or video photography. Limited to one (1) week.
2. 
Farmers' Market. Recurring sales of agricultural, horticultural and other food products. Limited to two (2) days per week.
3. 
Live Entertainment Events. Concerts, carnivals, circuses, fairs, and other similar events. Limited to two (2) days.
4. 
Trade Fairs. Display and sale of goods or equipment related to a specific trade or industry. Limited to two (2) days.
D. 
Exempt Temporary Uses. The following temporary uses are exempt from the requirement for a Temporary Use Permit. Other fees, permits and inspections may be required by the City.
1. 
Car Washes. By sponsoring organizations engaged in civic or charitable efforts, not to exceed seventy-two (72) hours;
2. 
Construction Yards On-Site. For the duration of a valid building permit.
3. 
Emergency Operations and Facilities. For a period not to exceed ninety (90) days.
4. 
Grand Openings; Outdoor Retail Sales on the Site of an Established Retail Use. For a period not to exceed seventy-two (72) hours.
5. 
Personal Property Sales by a Resident (Garage or Yard Sales). Not to exceed seventy-two (72) hours.
6. 
Other. Similar uses deemed appropriate by the Community Development Director.
E. 
Condition of Site Following Temporary Use. Upon termination of the temporary use, the site occupied by the temporary use shall be cleaned of litter and returned to its original conditions.
[Ord. No. 05-02 § 1; Ord. No. 2015-03 § 1]
A. 
Purpose and Intent. The purpose and intent of this section are to:
1. 
Enact appropriate regulations, in accordance with the Telecommunications Act, for the provision of personal wireless service facilities for the benefit of the Albany community.
2. 
Establish standards to regulate the placement and design of antennas and wireless communication facilities so as to preserve the visual and other characteristics of the City; to assure compatibility with properties adjacent to such facilities; to minimize negative impacts; and to protect the general safety, welfare, and quality of life of the community.
3. 
Establish development standards that are consistent with Federal law related to the development of wireless communication facilities.
4. 
Pursue additional benefit to the public by encouraging the leasing of municipally-owned properties where feasible or desirable, for the development of wireless communication facilities;
5. 
Allow antennas to be located according to demonstrated need; Encourage the use of existing facilities, including co-location by multiple companies; encourage the placement of antennas on existing structures and encourage the use of smaller, less obtrusive facilities such as repeaters and microcell facilities where they are feasible alternatives to base station facilities;
6. 
Locate wireless communication facilities within nonresidential zoning districts, uses, except as otherwise provided in this chapter.
7. 
Require all wireless communication facilities to be consistent with all other applicable City of Albany plans and municipal code provisions, and applicable regulations and standards of other governmental agencies, and any applicable discretionary permits affecting the subject property except to the extent the Planning and Zoning Commission or City Council shall modify such requirements.
B. 
Definitions. Unless otherwise specifically provided, the terms used in this section shall have the meanings stated in the Definitions section of this chapter, Section 20.08.020 under the general heading of "Wireless Communications Facility".
C. 
Exempt Facilities. Except as specifically noted, the following types of facilities shall be exempt from the permit requirements of this section.
1. 
Exempted by State and/or Federal Regulations. An antenna or wireless communications facility shall be exempt from the provisions of this section if and to the extent that State or Federal law specifically provides that the antenna and/or wireless communications facility is exempt from local regulation.
2. 
Exempted Subject to Locational Requirements. The following types of antennas are exempted provided that installations are entirely on-site and are not located within required front yard or side yard setback areas. Installations may be located in that portion of a rear yard where accessory buildings are permitted to be located. Such locational requirements are necessary to ensure that such antenna installations do not become public or private nuisances adversely impacting adjacent properties, and/or result in hazards if located adjacent to a street or other public right of way.
a. 
Radio or Television Antenna. A single ground-mounted or building-mounted receive-only radio or television antenna for the sole use of residential occupants of the parcel on which such antenna is located, with a height including any mast not exceeding ten (10) feet over the basic maximum building height prescribed by the regulations for the district in which the site is located.
b. 
Satellite Dish Antenna. A ground-mounted or building-mounted receive-only radio or television satellite dish antenna not exceeding twenty-four (24) inches in diameter for the sole use of residential occupants of the parcel on which such antenna is located, provided that the highest point of such dish does not exceed the height of the highest roof ridge or parapet line of the primary structure on said parcel.
c. 
Citizens Band Antenna. A ground-mounted or building-mounted citizens band radio antenna not exceeding thirty-five (35) feet above grade including any mast.
d. 
Amateur Radio Antenna. A ground-mounted, building-mounted or tower-mounted antenna operated by a Federally licensed amateur radio operator as part of the Amateur Radio Service. Such antennas shall require building permit approval and approval of placement by the Community Development Director to ensure maximum safety is maintained. Height of antenna and support structure shall not exceed thirty-five (35) feet above grade, except that an extendable structure may, when fully extended, exceed by no more than fifteen (15) feet the height limit prescribed by the regulations for the district in which the site is located.
3. 
Mobile Services. Mobile services providing public information coverage of news event of a temporary nature, including temporary facilities and emergency facilities.
4. 
Government Antennas. Receive and/or transmit telemetry station antennas owned and operated by the City of Albany and other public agencies including Federal, State, County and special district entities, for supervisory control and data acquisition systems for such functions as water, flood alert, traffic control devices and signals, storm water, and sanitary sewer, with heights not exceeding sixty (60) feet.
D. 
Location by Zoning Districts.
1. 
No wireless communication facilities that both transmit and receive electromagnetic signals shall be permitted in any residential zone. Those facilities designated in paragraph C are exempt from City review.
2. 
Wireless communication facilities may be located within the following Districts, subject to approval of a use permit and design review, with the findings required by subsection 20.20.100.F.5 of this chapter.
a. 
Commercial Mixed Use District (CMX).
b. 
Public Facilities District (PF), except on sites occupied by schools and parks, with the exception of Albany Hill.
c. 
San Pablo Commercial District (SPC) or Solano Commercial District (SC).
3. 
In all districts where wireless communication facilities are permitted, any such facility shall be located on a site that provides for, in order of priority:
a. 
A minimum of fifty (50) feet from any permitted child care facility or school; and
b. 
A minimum of fifty (50) feet from any property line abutting a residential use.
4. 
In the San Pablo Commercial District and the Solano Commercial District any wireless communication facility that abuts a residential district shall be set back from a property line that is contiguous to the residential district a minimum distance of fifty (50) feet for antennas.
5. 
The Planning and Zoning Commission may make a determination that a reduced setback for antenna equipment will not have perceptibly greater noise impact or greater visual impact with respect to properties in the abutting residential district, further provided that there be no less than ten (10) feet of separation between a property line that is contiguous to the residential district and the subject wireless communication facility (with the exception of such elements as transmission cables and meter boxes).
6. 
No installation shall be located in such a manner as to reduce the development potential of abutting properties, especially potential future residential or mixed-use development potential.
E. 
Development Requirements and Standards.
1. 
Development Standards. The following general development standards shall be met by all new wireless communication facilities:
a. 
New wireless communication facilities shall be co-located with existing legal conforming facilities and with other planned new facilities whenever feasible and aesthetically desirable to minimize overall visual impact.
b. 
Views. Wireless communication facilities shall be sited to avoid any unreasonable interference with views from neighboring properties, and where their visual impact is least detrimental to scenic vistas.
c. 
Vacant or Underutilized Sites. Wireless communication facilities placed on vacant or underutilized sites shall be considered temporary and the Planning and Zoning Commission may impose a condition that when the site is developed, these facilities shall be removed, and if appropriate, replaced with building-mounted antennas;
d. 
Screening. Wireless communication facilities shall be screened in one of the following ways, unless the Planning and Zoning Commission determines that screening is not appropriate for the project:
1) 
Substantially screened from the view of surrounding properties and the public view or co-located with existing facilities or structures so as not to create substantial visual, noise, or thermal impacts;
2) 
Sited within areas with substantial screening by existing vegetation;
3) 
Designed to appear as natural features found in the immediate area, such as trees or rocks, so as to be unnoticeable (stealth facilities); or
4) 
Screened with additional trees and other native or adapted vegetation which shall be planted and maintained around the facility, in the vicinity of the project site, and along access roads in appropriate situations, where such vegetation is deemed necessary to screen the facilities. Such landscaping, including irrigation, shall be installed and maintained by the project sponsor, as long as the permit is in effect or to the extent permitted by law.
e. 
Noise. All wireless communication facilities shall be subject to the City-adopted noise standards contained in Section 8-1 of the Albany Municipal Code. Any violation of noise standards, may be cause for the Community Development Director to initiate a revocation procedure as provided by subsection 20.100.010.M.
f. 
Height. The height of a wireless communication facility (building or ground-mounted) shall not exceed ten (10) feet above the basic maximum building height prescribed by the regulations for the district in which the site located, as provided by subsection 20.24.080.B, and shall be subject to applicable daylight plane restrictions, except Microcell facilities and DAS. For facilities located in the Commercial Mixed Use District (CMX) the height may be increased by up to twenty-five (25) feet above the maximum building height with exceptional design. Exceptional design shall be determined by the Planning and Zoning Commission.
g. 
All equipment, antennas, poles, or towers shall have a non-reflective finish and shall be painted or otherwise treated to minimize visual impacts; and
h. 
All wireless communication facilities shall provide sufficient security measures and anti-climbing measures in the design of the facility to reduce the potential for damage, theft, trespass, and injury.
i. 
Any equipment shelter shall be designed to be architecturally compatible with existing structures on the site or found in the area; and
j. 
Prohibited.
1) 
Unless mandated by Federal or State regulations, the use of barbed wire, razor wire, electrified fence, or any other type of hazardous fence as a security precaution is not allowed;
2) 
No advertising or signs, other than necessary owner identification signs and warning signs, shall be allowed on or at the location of a wireless communications facility.
2. 
Design Review. In addition to all other applicable development standards, wireless communication facilities shall comply with the requirements of Section 20.100.050.
3. 
Additional Development Standards for Monopoles. In addition to all other applicable development standards, monopoles shall comply with the following:
a. 
The applicant shall demonstrate that the proposed facility cannot be placed on an existing building or co-located on an existing monopole or other tower.
b. 
The maximum height of the proposed monopole or other tower shall be no higher than ten (10) feet above the height limit for the main structure allowed by the zoning district within which the facility is located, and shall be subject to applicable daylight plane restrictions. An exception to the height in the Commercial Mixed Use District (CMX) may be permitted pursuant to Section 20.20.100 E.1.f.
c. 
Guy wires or support structures shall not be allowed; monopoles shall be self-supporting structures. Design and safety considerations are subject to approval by the Community Development Director;
d. 
A monopole or other tower facility shall be designed to allow co-location of additional antennas, if deemed desirable by the Planning and Zoning Commission; and
e. 
Exterior lighting shall not be allowed on commercial wireless communication facilities except for that required for use of authorized persons on site during hours of darkness or where antenna structure owner or registrant is required to light the antenna structure by the terms of the FAA Antenna Structure Registration applicable to the facility.
f. 
Stealth facilities disguised as elements of urban landscape are encouraged. Clever designs are encouraged.
4. 
Additional Development Standards for Microcell Facilities and Distributed Antenna Systems (DAS). In addition to all other applicable development standards, Microcell facilities and DAS facilities shall comply with the following:
a. 
Height.
1) 
Existing Structures. When microcell facilities and DAS are attached to an existing structure, the highest portion of an antenna comprising the microcell facility or DAS shall extend no more than ten (10) feet above the highest point of the existing structure.
2) 
New Structures. Any new structure, excluding replacement utility poles, supporting a microcell facility or DAS may be no taller than the maximum building height as specified in the zoning district in which the structure is located. The highest portion of an antenna comprising the microcell facility shall extend no more than ten (10) feet above the highest point of the new structure.
b. 
Setbacks.
1) 
No microcell facility shall be located within two hundred fifty (250) feet of any other microcell facility.
2) 
DAS facilities shall be reviewed on a case by case basis.
c. 
Antenna Projections.
1) 
No antenna or antenna mounting hardware shall project out more than twelve (12) inches from the surface of the structure to which it is attached.
d. 
Equipment and Cabinets.
1) 
All antenna equipment required for the operation of a microcell facility or DAS, including cooling and ventilating apparatus, and electrical, mechanical and other appurtenances, shall be mounted directly to the antenna support structure or placed underground.
2) 
Permanently installed generators or air conditioning compressors are not permitted on microcell facilities. Cooling fans located inside the equipment cabinets are permitted.
3) 
The height and width, or depth of supporting equipment mounted on a structure shall have at least a seven (7) foot clearance from grade. Equipment depth shall not exceed twenty-four (24) inches.
e. 
Design.
1) 
The material, texture and color of the microcell facility or DAS shall be designed to match the structure to which it is attached and be compatible with the surrounding area.
F. 
Permit Approval Process.
1. 
Types of Permits. Except as specifically exempted in subsection 20.20.100.C above, all wireless communication facilities, and facility modifications that involve any change in the specifications or conditions stipulated in the approved use permit, including but not limited to, changes in power input or output, number of antennas, antenna type or model, number of channels per antenna above the maximum specified in a use permit, repositioning of antennas, increase in proposed dimensions of tower or support structure, or any other facility upgrades, shall be subject to the following permit requirements:
a. 
Minor Use Permit. Administrative Approval. At the discretion of the Community Development Director, an application for a proposed wireless communication facility may be considered administratively with a noticed public hearing where the proposed facility will be co-located on an existing pole, monopole, or similar support structure other than a building, that has been approved by the City as a wireless communication site.
b. 
Major Use Permit. Commission Approval. All facilities not exempted by subsection 20.20.100.C above, or which are not eligible for consideration for a minor use permit, including all building-mounted facilities, shall be considered by the Planning and Zoning Commission in a noticed public hearing and may be approved subject to conditions deemed appropriate by the Commission.
c. 
Design Review. All wireless communication facilities shall be subject to design review and approval, according to procedures and standards stated in subsection 20.100.050. The reviewing body shall consider all structures, materials, colors, and landscaping associated with any proposal to establish a wireless communication facility. Review shall be the responsibility of the Community Development Director in cases where Minor Use Permits are required. The Planning and Zoning Commission shall have responsibility in cases of Major Use Permits.
d. 
Building Permit. Unless otherwise specifically exempted, a Building Permit shall be required for all wireless communication facilities.
e. 
Zoning Clearance. For existing wireless facilities where wireless carriers seek to replace antennas and equipment and where there is no facility expansion and negligible size difference (maximum increase of ten (10%) percent surface area) in antennas and related equipment, the carrier shall subject to a zoning clearance according to procedures and standards stated in subsection 20.100.020. The zoning clearance shall be reviewed and approved through the Planning and Zoning Commission prior to building permit issuance. The zoning clearance shall apply to an eligible facilities request as identified in Section 6409 of the Middle Class Tax Relief Act of 2012.
2. 
Notice Requirements. Public notice shall be provided for any public hearings on applications or appeals, pursuant to procedures stated in Section 20.100.010.
3. 
Application Submittal. Application submittal requirements shall be established and amended from time to time by resolution of the Albany City Council.
4. 
Additional Submittal Requirements. In addition to standard application submittal requirements specified by the City of Albany Community Development Department, the Community Development Director shall have the authority to require additional information as necessary to deem the application complete for review.
a. 
Technical Review. The Community Development Director may employ, on behalf of the City, at the expense of the applicant, an independent technical expert to review the application submittal and provide determinations and recommendations on such issues as compliance with radio frequency emissions standards, the identification of alternative solutions or locations, and the justifications for installation of monopoles or for any requested exceptions to City standards. The costs of said review and any administrative costs shall be paid by the applicant.
5. 
Findings for Approval. The approving body may approve a use permit for a wireless communications facility only upon making written findings based on substantial evidence in the record.
a. 
All of the following findings shall be made for the approval of a use permit for a wireless communication facility:
1) 
Findings otherwise required for use permits and design review by subsection 20.100.030 and Section 20.100.050.(1)
1.Necessity, Desirability, Compatibility. That the size, intensity and location of the proposed use will provide a development that is necessary or desirable for, and compatible with, the neighborhood or the community;
2) 
All applicable Development Standards in subsection 20.20.100.E above have been met;
6. 
Standard Agreement.
a. 
Except for exempt facilities defined in subsection 20.20.100.C, a maintenance and facility removal agreement shall be executed by the operator, the property owner if other than the operator, and the City, for any wireless communication facility.
b. 
No use permit shall become effective until such agreement has been executed. The Community Development Director shall develop a standard form for such agreement which shall include but not be limited to the following:
1) 
Maintain the exterior appearance of the facility;
2) 
Ultimately to remove the facility in compliance with this chapter and any conditions of approval;
3) 
Pay all costs for monitoring for compliance with this agreement and all conditions and environmental mitigation measures;
4) 
Reimburse the City for all costs incurred for work the applicant had failed to perform;
5) 
Where applicable in the case of a freestanding tower, the agreement shall stipulate that the permittee will rent or lease available space on the tower, under the terms of a fair-market lease, to other wireless service communication providers without discrimination.
G. 
Operation and Maintenance Standards. All wireless communication facilities shall at all times comply with the following operation and maintenance standards. Failure to comply shall be considered a violation of this chapter and subject to enforcement.
1. 
Each owner or operator of a wireless communication facility shall provide signage identifying the name and phone number of a party to contact in event of an emergency. Where a utility pole or light standard is utilized as a support structure, the signage shall be attached to the base of the pole or standard.
2. 
Wireless communication facilities and related equipment, including lighting, fences, shields, cabinets, and poles, shall be maintained in good repair, free from trash, debris, litter and graffiti and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable, and in no instance more than forty-eight (48) hours from the time of notification by the city.
3. 
The owner or operator of a wireless communication facility shall be responsible for maintaining the facility in accordance with the approved and for replacing any deteriorated or damaged structures or foliage, or other landscaping elements shown on the approved plan. Amendments or modifications to the landscape plan shall be submitted to the Community Development Director for approval.
4. 
The City shall retain annually, at the operator's expense, an approved engineer to conduct an unannounced spot check of the facility's compliance with applicable FCC radio-frequency standards, utilizing the Monitoring Protocol (See definition, Section 20.08). This monitoring shall measure levels of radio-frequency radiation from the facility site's primary antennas as well as from repeaters, if any.
H. 
Certification of Facilities.
1. 
If the Community Development Director at any time finds that there is good cause to believe that a wireless communication antenna is not in compliance with applicable FCC radio-frequency standards, he/she may initiate appropriate enforcement actions.
I. 
Duration, Revocation and Discontinuance.
1. 
Duration of Permits and Approvals.
a. 
An approved use permit for a wireless communication facility shall expire one (1) year after the date of final approval. If not activated within one (1) year from the date of final approval, unless, as provided in subsection 20.100.010.K.1.a-d has been satisfied.
b. 
Once activated, all permit approvals for wireless communication facilities shall be valid for an initial maximum period of up to ten (10) years pursuant to Section 65964 (B) of the California Government Code, or as specified by the approving body. At the expiration of the ten (10) year period, the facility shall be reviewed pursuant to Section 20.20.100 F.1.e for renewal.
c. 
If the operator fails to remove the wireless communication facilities from the site, the property owner shall be responsible for removal, and may use any bond or other assurances provided by the operator pursuant to the requirements of this chapter to do so. If such facilities are not removed, the site shall be deemed to be a nuisance and the City may call the bond for removal or take such other action as it deems appropriate.
2. 
Failure to submit the information required in paragraph H. will be considered a violation of the Zoning Ordinance. Any facility found in violation may be ordered to terminate operations by the Planning Commission following a duly noticed public hearing.
3. 
If the Community Development Director at any time finds that there is good cause to believe that a wireless communication antenna is not in compliance with applicable FCC radio-frequency standards, he/she may initiate appropriate enforcement actions.
4. 
Existing Uses (Non-Conforming). A lawful nonconforming wireless communication service facility shall be subject to the requirements of Section 20.44 except to the extent that they are modified herein. Routine maintenance shall be permitted on existing, operational equipment and facilities and shall be subject to the Zoning Clearance process defined in Section 20.20.100 F,1,e. However, new construction, other than routine maintenance on existing towers, antennas, buildings, or other facilities shall comply with the requirements of this chapter. In the event of the abandonment of the use of any equipment or facility for a continuous period of one hundred eighty (180) days, the provisions of subsection 20.44.040, Abandonment of Nonconforming Use, shall apply, the associated permits and approvals shall expire, and the site shall thereafter be maintained in conformity with the regulations for the district in which the site is located. The Community Development Director may require removal of such disused equipment or facilities, as provided in subsection 20.20.100.G.2 above.
[Ord. No. 07-01 § 4; Ord. No. 2011-08 § 5; Ord. No. 2017-07 § 2]
A. 
Purpose and Intent. The purpose of this subsection is to promote the public health, safety and welfare by:
1. 
Prohibiting medical and recreational cannabis dispensaries and commercial cultivation from locating in the City of Albany.
2. 
Protecting citizens from the secondary impacts and effects associated with unregulated and unpermitted medical and recreational cannabis dispensaries and related activities, including, but not limited to, loitering, increased noise, fraud in obtaining or using medical cannabis identification cards, sales of medical cannabis to minors, drug sales, robbery, burglaries, assaults or other violent crimes.
3. 
Decreasing demands on police or other valuable scarce City administrative, financial, or personnel resources in order to better protect the public.
4. 
This subsection is not intended to conflict with Federal or State law. It is the intention of the City Council that this subsection be interpreted to be compatible with Federal and State enactments and in furtherance of the public purposes which those enactments encompass.
B. 
Definitions. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this subsection:
CANNABIS
Means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.
COMMERCIAL CANNABIS ACTIVITY
Includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products as provided for in this division.
CULTIVATION
Means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
CULTIVATION SITE
Means a location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.
CULTIVATION PERSONAL USE
Means that within a private residence occupied by a person twenty-one (21) years and older, up to six (6) nonmedical cannabis plants per private residence maybe cultivated indoors for personal use pursuant to the Adult Use of Marijuana Act. Cultivation shall be limited to covered space in personal residence or in an attached garage or other fully enclosed and locked accessory structure located entirely on property owned or legally possessed by the occupant.
DELIVERY
Means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer.
IDENTIFICATION CARD
Shall have the same definition or given such term in California Health and Safety Code Section 11362.7, as may be amended, and which defines "Identification Card" as a document issued under the authority of the State Department of Health Services which identifies a person authorized to engage in the medical use of cannabis, and identifies the person's designated primary caregiver, if any.
LIVE PLANTS
Means living cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants.
MANUFACTURER
Means a licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.
MEDICINAL CANNABIS OR MEDICINAL CANNABIS PRODUCT
Means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation.
MEDICAL CANNABIS DISPENSARY
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:
1. 
A clinic licensed pursuant to Chapter 1, Division 2 of the Health and Safety Code;
2. 
A health care facility licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code;
3. 
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;
4. 
A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code;
5. 
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.
PHYSICIAN'S RECOMMENDATION
Means a recommendation by a physician and surgeon that a patient use cannabis provided in accordance with the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code.
PRIMARY CAREGIVER
Shall have the same definition as given such term in California Health and Safety Code Sections 11362.5 and 11362.7 as may be amended, and which define "primary caregiver" as an individual, designated by a qualified patient or identification card holder, who has consistently assumed responsibility for the housing, health, or safety of that qualified patient.
QUALIFIED PATIENT
Means a person who is entitled to the protections of Health and Safety Code Section 11362.5 for patients who obtain and use cannabis for medical purposes upon the recommendation of an attending physician, whether or not that person applied for and received a valid identification card issued pursuant to State law.
RECREATIONAL CANNABIS
Means cannabis which is consumed for recreational, non-medical consumption.
RECREATIONAL CANNABIS DISPENSARY
Means a facility where cannabis is available for purchase for recreational, non-medical consumption.
C. 
Dispensary Prohibited.
1. 
No person or entity shall operate or permit to be operated a medical or recreational cannabis dispensary or commercial cultivation site in or upon any premises or any zone in the City. The City shall not issue, approve, or grant any permit, license, or other entitlement for the establishment or operation of a medical or recreational cannabis dispensary or commercial cultivation site.
2. 
It shall be unlawful for any person or entity to own, manage, conduct, establish, operate or facilitate the operation of any medical or recreational cannabis dispensary or commercial cultivation site, or to participate as an employee, contractor, agent, or volunteer, or in any other manner or capacity, in any medical or recreational cannabis dispensary or commercial cultivation site in the City. The term "facilitate" shall include, but not be limited to, the leasing, renting or otherwise providing any real property or other facility that will in any manner be used or operated as a medical or recreational cannabis dispensary or commercial cultivation site in the City.
3. 
Nothing in this subsection shall alter, affect, or limit the criminal defense authorized by State law and available to qualified patients and their primary caregivers to possess, transport, deliver or collectively or cooperatively cultivate medical cannabis in accordance with Health and Safety Code Section 11362.71.
D. 
Establishment, Maintenance, or Operation of Medical or Recreational Cannabis Dispensaries Declared a Public Nuisance. The establishment, maintenance, operation, facilitation, of, or participation in a medical or recreational cannabis dispensary or commercial cultivation site within the City limits of the City of Albany is declared to be a public nuisance, and may be abated by the City or subject to any available legal remedies, including but not limited to civil injunctions and administrative penalties. The City Attorney may institute an action in any court of competent jurisdiction to restrain, enjoin or abate any condition(s) found to be in violation of the provision of this subsection, as provided by law. In the event the City files any action to abate any dispensary or cultivation site as a public nuisance, the City shall be entitled to all costs of abatement, costs of investigation, attorney's fees, as provided in Section 1-12 of the Albany Municipal Code, and any other relief available in law or in equity.
E. 
Commercial Cultivation Prohibited. The cultivation of medical and recreational cannabis for commercial purposes is prohibited in the City of Albany. This prohibition includes, but is not limited to:
1. 
Operation of a cannabis nursery, as defined by California Business and Professions Code section 19300.5(aj) as it now reads or as amended.
F. 
Manufacturing Prohibited. The manufacturing of medical and recreational cannabis for commercial purposes is prohibited in the City of Albany. This prohibition includes, but is not limited to:
1. 
Medical cannabis manufacturing sites, as defined by California Business and Professions Code section 19300.5(ag) as it now reads or as amended.
G. 
Personal Use Cultivation Regulations. Indoor cultivation of up to six (6) cannabis plants per residence for growth is permitted to the limited extent authorized under California Health and Safety Code Sections 11362.1 and 11362.2. Outdoor cultivation is prohibited. Indoor personal use cultivation is subject to the following restrictions:
1. 
Personal Use Cultivation. An individual who may cultivate cannabis for personal use pursuant to State law ("qualified person"), shall be allowed to cultivate cannabis only within his/her personal residence or in an attached garage or other fully enclosed and locked accessory structure located entirely on property owned or legally possessed by him or her.
2. 
Area. In any residence, the cannabis cultivation area shall not exceed thirty-two (32) square feet measured by the canopy, nor exceed ten (10) linear feet in height. This limit applies regardless of the number of individuals residing in the residence. The cultivation area shall be a single designated area.
3. 
Lighting. Lighting for cannabis cultivation shall not exceed a total of one thousand two hundred (1,200) watts, or otherwise pose a fire or safety hazard.
4. 
Building Code Requirements. Any alterations or additions to the residence, including garages and accessory buildings, shall be subject to applicable building, fire, plumbing, and electrical codes, in addition to all applicable zoning codes, including lot coverage, setback, height, and parking requirements.
5. 
Gas Products. The use of gas products, including but not limited to carbon dioxide and butane, for cannabis cultivation or processing is prohibited.
6. 
Evidence of Cultivation. From outside the building wherein cultivation occurs, there shall be limited exterior evidence of cannabis cultivation occurring on the site.
7. 
Residence. The qualified person shall reside at the residence wherein the cannabis cultivation occurs.
8. 
Cultivation Elsewhere in the City. The qualified person shall not participate in cultivation in any other location within the City.
9. 
Incidental Use. The residence shall maintain kitchen, bathrooms, and primary bedrooms for their intended use, and cannabis cultivation shall be limited to an incidental use of the residence.
10. 
Ventilation. The cannabis cultivation area shall include a ventilation and filtration system designed to ensure that odors from cultivation are not detectable beyond the residence (or property line for detached single family residences), and designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence. This shall include at a minimum, a system meeting the requirements of the current adopted edition of the California Building Standards Code, including California Building Code Section 1203.5 (Natural Ventilation) and Mechanical Code Section 402.3 (Mechanical Ventilation) or the equivalent(s) thereof.
11. 
Use and Storage of Chemicals. For the protection of local groundwater resources and indoor air quality, and to avoid disposal of harmful substances into sewers or septic systems, no chemical shall be used for cannabis cultivation that contains any substance on the list prepared pursuant to Health and Safety Code Section 25249.8; provided that any chemical specifically approved by the California Department of Pesticide Regulation (or other appropriate State agency) for use in small indoor cannabis grow areas may be used in amounts prescribed by that agency. No chemical used for cannabis cultivation shall be stored in a manner visible from neighboring residences or to individuals located outside the property line or in the public right-of-way.
12. 
Nuisance. The cannabis cultivation area shall not adversely affect the health or safety of nearby residents by creating unreasonable dust, glare, heat, noise, noxious gasses, odors, traffic, vibrations, or similar impacts. Nor shall cannabis cultivation be hazardous due to the use or storage of materials, processes, products, or wastes, or from any actions incidental or related to the cultivation.
13. 
Property Owner Authorization. For rental property, the property owner, property manager or management company shall provide written authorization to the tenant that personal use cultivation is permitted.
H. 
Cannabis Deliveries Permitted. The commercial delivery of medical and recreational cannabis is permitted to locations within the City of Albany.
I. 
Penalties for Violation.
1. 
The violation of any provision of this subsection is unlawful and constitutes a misdemeanor, punishable by a fine of not more than one thousand ($1,000.00) dollars or a jail term of six (6) months, or both. Each and every day a violation occurs shall be deemed a separate violation.
2. 
In addition to the remedies set forth herein, the City in its sole discretion, may also issue an Administrative Citation in accordance with Section 1-11 "Administrative Citations" of the Albany Municipal Code to any person or entity that violates the provisions of this subsection.
J. 
Severability. If any provision of this subsection, or the application thereof to any person or circumstance, is held invalid, that invalidity shall not affect any other provision or application of this subsection that can be given effect without the invalid provision or application; and to this end, the provisions or applications of this subsection are severable.
[Ord. No. 09-03 § 4]
A. 
Standards for Facility Location. The following standards shall apply to the physical location of any significant tobacco retailer.
1. 
No significant tobacco retailer shall have a principal entrance located within seventy-five (75) feet of a parcel of land in an R-Residential zoning district.
2. 
The principal entry to any establishment shall be located within clear sight of a public street, and shall not be within twenty-five (25) feet of any residential entrance, including the principal entry of any multi-unit residential building.
3. 
No significant tobacco retailer shall be located within a five hundred (500) foot distance of any of the following:
a. 
Any schools, child day care centers, public libraries or public community centers;
b. 
Any municipal parks or playgrounds.
4. 
No significant tobacco retailer shall be located within a five hundred (500) foot distance of any of the following businesses, where such businesses were existing at the time of approval of a use permit for a significant tobacco retailer:
a. 
Any youth-oriented establishment characterized by either or both of the following (1) the establishment advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors; or (2) the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minor
5. 
Exception for five hundred (500) foot distance specified in paragraph 4, above: the Planning and Zoning Commission may permit a new youth-oriented establishment to be located within five hundred (500) feet of an existing significant tobacco retailer, subject to the following findings:
a. 
The subject youth-oriented establishment would not be a permitted use in a residential district; and
b. 
The proximity of the existing significant tobacco retailer would not have any detrimental effect on the minor patrons of the youth-oriented establishment.
B. 
Operation Standards.
1. 
Tobacco products and/or tobacco paraphernalia shall be secured so that only store employees have immediate access to the tobacco products and/or tobacco paraphernalia. Self-service displays are prohibited.
2. 
The tobacco retailer shall comply with all applicable local, State, and Federal laws regarding the advertising, display, or sales of tobacco products.
3. 
No person under eighteen (18) years of age may distribute, exchange, or sell tobacco products.
4. 
Sampling of tobacco products by individuals less than eighteen (18) years of age shall be prohibited.
[Ord. No. 09-011 § 5]
A. 
Purpose. This section establishes regulations for the granting of an entertainment permit. The standards are in addition to the requirements of Albany Municipal Code Section 5-11.
B. 
Entertainment Permit Required. An entertainment permit shall be required for any place where entertainment is provided within a bar, cocktail lounge, tavern, cafe, restaurant, hotel, motel, or public place where food, alcoholic or other beverages, or other refreshments are served. See Municipal Code Section 5-11.
[Ord. No. 2014-02 § 4]
See Section 20.40.070.
[Ord. No. 2014-11 § 4]
A. 
Purpose. When allowed by Section 20.12.040 (Permitted Land Uses by District), a single-room occupancy residential housing facility (SRO) at a fixed location is subject to the requirements of this section. The provisions of this section are intended to provide opportunities for the development of permanent, affordable housing for small households and for people with special needs in proximity to transit and services and to establish standards for these small units.
B. 
Location. A single-room occupancy residential housing facility shall not be located within three hundred (300) feet of any other single-room occupancy residential housing, emergency shelter, or other similar program, unless such program is located within the same building or on the same lot.
C. 
Development Standards. All SRO facilities shall comply with the following regulations.
1. 
Units shall have a minimum floor area of one hundred twenty (120) square feet and a maximum floor area of four hundred (400) square feet.
2. 
Each unit shall accommodate a maximum of two (2) persons.
3. 
Provide for adequate exterior security lighting.
4. 
Laundry facilities shall be provided in a separate room at the ratio of one (1) washer and one (1) dryer for every six (6) units or fractional number thereof, with at least one (1) washer and dryer per floor.
5. 
Cleaning Supply Room. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO facility.
6. 
Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub or shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one (1) full bathroom per floor.
7. 
Kitchen. An SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator and cooking appliance. A partial kitchen is missing at least one of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one (1) full kitchen per floor.
8. 
Closet. Each SRO unit shall have a separate closet.
9. 
Code Compliance. SRO units shall comply with all requirements of the California Building Code. All units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible.
D. 
Off-Street Parking Requirements. Parking. Off-street parking for tenants shall be provided pursuant to Section 20.28.030 (A). Parking requirements may be reduced pursuant to Density Bonus regulations in Section 20.40.040.
1. 
Bicycle Parking: An SRO facility shall provide a secured bicycle parking area to accommodate one (1) bicycle for every SRO unit.
E. 
Operational Standards. An SRO facility with ten (10) or more units shall provide on-site management. An SRO facility with less than ten (10) units may provide a management office on-site.
F. 
Tenancy. Tenancy of SRO units shall not be for less than thirty (30) days.
G. 
Existing Structure. An existing structure may be converted to an SRO facility, consistent with the provisions of this section. Any such conversion must bring the entire structure up to current building code standards, including accessibility and adaptability standards.
[Ord. No. 2019-01 § 3]
A. 
Purpose. This subsection establishes regulations for gyms and health clubs to protect surrounding properties and public health, safety and welfare.
B. 
Performance Standards.
1. 
Hours of Operation: Hours of operation in the SC and SPC Districts shall be limited to 6am to 9pm. Extension beyond these hours shall be subject to a Major Use Permit.
2. 
Noise Standards: All functions in the space must comply with City noise standards, as per 20.36.020.D, through use of insulation or other means.
[Ord. No. 2019-01 § 3]
A. 
Purpose. This subsection establishes permit requirements and required findings for chain stores in the SC District.
B. 
Major Use Permit. Notwithstanding permit requirements for the SC District specified in Table 1: 20.12.040, businesses with 100 or more fixed locations are subject to a Major Use Permit to ensure that storefront design and use are consistent with the district purposes and surrounding uses.
C. 
Findings. The approving body shall make the following findings when approving a Major Use Permit subject to this subsection:
1. 
The proposed use is compatible with the purposes of the SC district (Section 20.12.060.B.1).
2. 
The proposed signage and storefront design are compatible with the character of the neighborhood and commercial corridor.
[Ord. No. 04-09]
The purpose of this section is to establish regulations relating to characteristics of the physical development of property, including lot area, width and coverage; yard setbacks; and building height. These regulations are established for purposes of allowing for light, air, privacy, and safety from fire hazards, and to ensure that property development contributes to a high quality environment for living and working, consistent with General Plan policies.
[Ord. No. 04-09; Ord. No. 09-011 §§ 6—9; Ord. No. 2014-11 § 5; amended 3-18-2019 by Ord. No. 2019-03]
A. 
Site Regulations by District — Residential: Table 2A.
Table 2A prescribes development regulations for the various residential zoning districts.
Table 2A. Site Regulations by District: Residential (20.24.020)
Standard
Zoning District
R-1
R-2
R-3
R-4(1)
RHD(2)
Maximum Density (dwelling units/acre)
12 (3)(10)
35
63
87
6 or 9(4)
Maximum FAR (floor area/lot area ratio)
Single-family dwelling
Multifamily dwelling
0.55(5)
0.55(5)
0.55(5)
1.50(6)(7)
N/A
0.50(8)
Minimum Lot Size (square feet)(10)
Single-family
2-family
Multiple-family
Public/quasi-public
3,750
N/A
N/A
10,000
3,750
3,750
3,750
10,000
3,750
3,750
3,750
10,000
5,000(8)
Minimum Lot Width (feet)
Single-family
2-family
Multiple-family
Public/quasi-public
35
N/A
N/A
75
35
37.5
37.5
75
50
50
50
75
50(8)
Maximum Lot Coverage (% of lot area)
N/A
50%
50%
Single-family
2-family
Multiple-family
Public/quasi-public
50%
N/A
N/A(11)
50%
50%
50%(11)
50%
50%
70%(11)
40%(8)
Maximum Building Height (feet)
Single-family
2-family
Multiple-family
Public/quasi-public
28(12)
N/A
N/A
35
28(12)
35/28(14)
35/28(14)
35
35
35/28(14)
35/28(14)
35
(13)(8)
Minimum Yard Setbacks (feet)
Single-, Two-, Multiple-family:
Front
15(15)
15(15)
15(15)
15(8)(15)
Side, interior
(16)
(16)
(16)
(17)(8)
Side, exterior
7.5
7.5(18)
7.5(18)
17) (8)
Rear
20
15
15
20(8)
Single-family second-story addition
(19)
(19)
(19)
Public/quasi-public
(11)
(11)
(11)
Maximum Fence Height
See Subsection 20.24.110
Minimum Usable Open Space (multifamily dwellings)
See Subsection 20.24.090
Accessory Buildings
See Subsection 20.24.130
Notes, Table 2A:
1. In R-4 District, site regulations not specified will be determined by the Planning and Zoning Commission on consideration of an application for a use permit. Existing densities of developed sites are deemed to be conforming, but existing densities will not be permitted to be increased above the maximum density permitted in the R-3 District.
2. In the RHD District, all multiple-family development, and any single-family development which comprises two or more acres of land area, shall be processed as a development plan under planned unit development procedures specified in Subsection 20.100.060. See Subsection 20.24.040 for development regulations applicable to the RHD District in addition to the regulations stated in this table.
3. The higher maximum density stated in the General Plan takes into account the pre-existence of substandard nonconforming lots.
4. The Albany General Plan divides the area subject to the RHD District into two density classifications:
Low density = 6 dwelling units/acre.
High density = 9 dwelling units/acre.
Through the planned unit development process (Subsection 20.100.060), allowable density may be reduced according to slope density restrictions and/or the presence of natural topographic features.
The City may permit the transfer of density from one portion of a development site to another, upon making a finding that the density transfer is necessary to accomplish the purposes of this chapter.
5. The Planning and Zoning Commission may approve a floor/area ratio of up to 0.60 based on determination that any of the following conditions exist:
(a) The site is of such a size that application of the 0.55 floor/area ratio would result in a gross square footage of less than 1,500 square feet.
(b) The site is in a zone other than R-1 and buildings on any surrounding properties exceed FAR 0.60, and the higher FAR is warranted by considerations of harmonious transition among properties.
(c) The proposed design has architectural features that contribute substantially to neighborhood quality, which could not be achieved in a smaller building mass.
6. FAR may be increased to 1.75 where open space is provided at twice the minimum requirement stated in Subsection 20.24.090.B.
7. Enclosed off-street parking shall be included in the calculation of the FAR, except that such parking area that is located entirely below grade may be excluded. (See Subsection 20.24.050.C.)
8. Applies to single-family development in RHD District on land comprising less than two acres. Also shall be considered to be the minimum standards required for development of a single-family planned unit development on two acres or more, except that modified development standards may be approved if deemed appropriate by the Planning and Zoning Commission and City Council.
9. (Reserved)
10. Existing lots which do not meet minimum area standards may be developed or improved as provided in § 20.44, Nonconforming Uses, Structures and Lots.
11. For public and quasi-public uses, lot coverage and yard setbacks will be determined by the Planning and Zoning Commission on consideration of an application for a use permit or design review.
12. Planning and Zoning Commission, subject to design review criteria, may grant a use permit to allow greater height for second-story additions, up to 35 feet, measured in accordance with Subsection 20.24.080, and based on at least one of the following findings:
a. The existing house has a partial ground story that causes an increase in the overall height of the building, and there are sound design reasons for considering a roofline which exceeds 28 feet.
b. The natural downward or upward topography of the site causes an increase in the overall height of the building. The minimum roof pitch has been maintained on the addition to be consistent with the existing architectural design of the house. The height has been measured from the natural or finished grade to the highest point of the roof.
c. The existing architectural character and design of the house is maintained. Design factors have been considered to offset or minimize the increased height, such as breakup in the mass and bulk, offsetting one or more portions of the addition from the ground-story wall line, and adding architectural details and elements such as horizontal trim or other features to create interest.
13. Height limits in RHD District are specified for single-family residences only. The maximum building height for a single-family residence on a downhill site shall be 35 feet above the original grade of a site measured from the midpoint of the building envelope. The maximum permitted height for a single-family residence on an uphill site shall be 28 feet above the original grade of a site measured from the midpoint of the building envelope.
14. Maximum building height is three stories and 35 feet, above natural or finished grade, whichever is lower, except that the maximum height allowed at the front setback line shall be 28 feet plus a forty-five-degree daylight plane. (See Subsection 20.24.070.B.)
15. Through lots are deemed to have two front property lines, one at each street, and front yard setback requirements shall be applicable to both lines.
16. 10% of lot width, up to a maximum of five feet, with a minimum requirement of three feet, except that the minimum setback for multifamily structures in the R-3 District is five feet.
17. 10% of lot width, or five feet, whichever is greater.
18. One foot shall be added for each 12 feet of height above the lowest 15 feet of building height.
19. Exceptions to setback requirements may be made in the case of a second-story addition to a single-family dwelling, as follows:
(a)Vertical extension of nonconforming walls. Existing nonconforming walls which encroach into required setback areas shall be allowed to extend in a vertical plane under or over an existing wall, subject to design review by the Planning and Zoning Commission and obtaining a use permit.
(b)Horizontal extension of nonconforming walls. Existing nonconforming walls which encroach into the required front yard or side yard setback areas may be extended in a in a horizontal plane, subject to design review by the Planning and Zoning Commission and obtaining a use permit. Such extensions shall not further encroach on any required setback (i.e., a nonconforming wall which encroaches one foot into a required setback shall not be permitted to encroach two feet), nor shall any such extension create a new encroachment in another direction. Required conditional use permit and design review findings for the extension of a nonconforming front wall shall be made separately from findings required for extension of other nonconforming walls.
B. 
Site Regulations by District — Nonresidential: Table 2B.
Table 2B prescribes development regulations for the various, commercial, public and waterfront zoning districts.
Table 2B. Site Regulations by District: Nonresidential (20.24.020)
Standard
Zoning District
SC
SPC
CMX
WF(1)
PF(1)
Maximum Density (dwelling units/acre where residential development is proposed)
20 unit
minimum 63
20 unit
minimum 63
N/A
N/A
N/A
Maximum FAR (floor area/lot area ratio)
Mixed-use development (more than 1 use, including residential and commercial or other permitted nonresidential uses)
1.25
2.25
0.5
0.5
N/A
Commercial portion of any development (not to be exceeded, regardless of mix with other uses, or any bonus increase in the total FAR of development)
1.25
0.95
0.5
0.5
N/A
Multifamily dwelling, where it is the sole use of a site
1.25
N/A
N/A
N/A
N/A
Live/work space
N/A
N/A
(4)
N/A
N/A
Minimum Lot Area per Dwelling Unit (square feet)
N/A
N/A
(2)
N/A
N/A
Minimum Lot Size (square feet)
None
None
5,000
None
Minimum Lot Width (feet)
None
None
50
None
Maximum Lot Coverage (% of lot area)
100%
100%
80%
Maximum Building Height (feet)
35
38/20/12(4)
45
40
Minimum Yard Setbacks (feet)
Front, or exterior side
(6)(7)
(6)(7)
None
(5)
Side, interior
(8)
(8)
(9)
Rear
(8)(10)
(8)(10)
(9)
Maximum Fence Height
See Subsection 20.24.110
Minimum Usable Open Space (multifamily dwellings)
See Subsection 20.24.090
Notes, Table 2B:
1. In the WF and PF Districts, and in cases of public/semipublic uses in all districts, site regulations not otherwise specified will be determined by the Planning and Zoning Commission on a use permit/design review basis.
2. Live/work space will be included in the calculation of commercial floor area and will be subject to the maximum FAR standards for each district. District standards for minimum lot area per dwelling shall not apply to live/work units. See Table 1 for land use permitting procedures for live/work in individual districts.
3. (Reserved)
4. Maximum building height is three stories and 38 feet, above grade, except that where the rear property line abuts a residential district, the maximum height shall be 20 feet in height at a point 10 feet back from the residential district property line, plus a forty-five-degree daylight plane to the maximum permitted height; or alternatively 12 feet in height at the property line, then, horizontally to a point 10 feet from the property line, plus a thirty-five-degree from vertical daylight plane to the maximum permitted height. (See Subsection 20.24.070.A, Figures 1.a and 1.b.) If there is a difference in grade planes between two adjacent parcels, the Community Development Director shall determine appropriate grade plane to be used for daylight plane calculation. No projections shall be allowed in the area between the daylight planes and rear property line. Usable open spaces located on top of the structure, within 10 feet of a residential district boundary, shall have a solid fence or wall six feet in height. The combined height of the structure and the wall shall comply with daylight plane requirements of this Code.
5. No enclosed structure shall be located within 100 feet of the shoreline, except as specified in the Waterfront Master Plan. Continuous public access to the water's edge shall be preserved and established consistent with The Bay Trail—Planning for a Recreational Ring Around the Bay (ABAG, July 1989).
6. Through lots are deemed to have two front property lines, one at each street, and front yard setback requirements shall be applicable to both lines.
7. None required along San Pablo Avenue. If front setback is provided, it shall not exceed a depth of four feet at street level. Where fronting a street immediately parallel to San Pablo Avenue: 15 feet, plus a daylight plane. (See Subsection 20.24.070.B.) Where a property in the SC District has an exterior lot line at a street that intersects with Solano Avenue, and any property located directly across such a street is in a residential district: 15 feet, plus a daylight plane. (See Subsection 20.24.070.B.)
8. None, except where an interior side or rear yard of a nonresidential property abuts an R District: See Subsection 20.24.070.A.
9. The minimum setbacks where a lot abuts an R District shall be 10 feet at either side or rear yards.
10. May be waived by Planning and Zoning Commission, except where rear yard abuts an R District.
[Ord. No. 04-09; Ord. No. 06-014 § 6]
A. 
Purpose. The purpose of this subsection is to establish regulations for the fulfillment of the purposes of the several Overlay Districts as stated in subsection 20.12.080 B.
B. 
Hillside Overlay District (:H).
1. 
Maximum Building Height. No portion of any structure shall extend above forty (40) feet from the original grade as measured vertically from the point. In addition, for development on the downhill side of a street, the highest point of any structure shall not be greater than twenty-eight (28) feet above the elevation of the uphill street. For development located on the uphill side of a street, no portion of the structure within ten (10) feet of the downhill face of the structure shall be greater than twenty-eight (28) feet above the elevation of the downhill street, or greater than twenty-eight (28) feet above the original grade if located on top of a bluff adjacent to the street. This requirement may be varied upon the granting of a conditional use permit pursuant to procedures in subsection 20.100.030.
2. 
Minimum Yards. Same as required in Principal District; may be reduced upon the granting of a conditional use permit pursuant to the procedures in subsection 20.100.030; the Planning Commission shall take into consideration the existing setbacks on the block.
C. 
Commercial Node Overlay District (:CN).
1. 
Delineation of Districts. The Commercial Node Overlay District may be applied to locations where commercial uses are permitted. Individual Commercial Node Overlay Districts shall be delineated on the Zoning Map. Where the boundary of the district includes a portion greater than fifty (50%) percent of the area of any land parcel delineated in the Assessor's Maps of Alameda County as of the date of adoption of this subsection, the entire parcel shall be included in the district.
2. 
Ground Floor Use Limitations. All uses permitted on the ground floor within SPC Districts shall be permitted within designated nodes except service stations, auto repair, and drive-up and drive-through facilities. Commercial parking facilities shall not be permitted to occupy ground floor street frontage except as necessary for access.
3. 
Design Standards. Within any Commercial Node Overlay District the following design standards shall apply to new development and, where appropriate, major alterations and additions.
a. 
Location. Buildings shall be built to the street line except where the design includes a maximum four (4)-foot setback for landscaping or pedestrian amenity. An exception may be allowed for a diagonal façade at a street intersection.
b. 
Massing. Buildings on parcels located on street corners in designated nodes shall be marked by tower elements to distinguish the node from the rest of the street and to mark entrances. Overall massing shall emphasize the vertical dimensions of the building, as a means of balancing the horizontal effect of the width of the street. All buildings shall have a base and cap.
c. 
Articulation. Buildings shall be articulated through such features as projecting or recessed windows and entries, and variations in rooflines.
d. 
Rhythm. Street facades at the ground floor level shall be divided by architectural details into bays.
e. 
Signs. Signs shall be either attached to the walls or printed onto awnings, and be proportional to the size of the building. Internally illuminated signs shall be composed of individual channel letters, as opposed to can signs enclosing copy on an illuminated sheet surface.
f. 
Parking. On-site parking facilities shall be located to the rear or side of the building or enclosed in a structure, above or below ground.
g. 
Service areas. All service areas shall be enclosed or otherwise architecturally concealed from the street.
D. 
Planned Residential/Commercial Overlay District (:PRC). The following additional standards shall apply to development of those properties that are designated by the General Plan as "Planned Residential/Commercial," located within the San Pablo Commercial (SPC) District:
1. 
Development of sites within this overlay district shall be subject to procedures and requirements of subsection 20.100.060, Planned Unit Development.
2. 
Setback and daylight plane regulations stated in paragraph 20.24.070.B.1 shall apply to structures fronting on Adams Street.
3. 
Specific standards applicable to development of property frontage on Adams Street, in the San Pablo Commercial (SPC) District:
a. 
Orientation. No nonresidential use shall face toward, or have either a public entrance or a delivery entrance from Adams Street.
b. 
Access. Access drives from Adams Street shall be limited to serving residential uses only. Any driveway connecting to a nonresidential use shall be controlled to prevent access between the nonresidential use and Adams Street, except for emergency purposes.
c. 
Setback, building. The minimum setback for a building shall be fifteen (15) feet from Adams Street, with an additional setback for any portion of a structure extending above twenty-eight (28) feet in height. (See subsection 20.24.070.B.1).
d. 
Setback, parking. Open parking lots shall be set back a minimum of ten (10) feet from a property line along Adams Street, unless the Planning and Zoning Commission, through a use permit procedure, determines that the intent of the setback can be achieved with a lesser setback mitigated by more intense landscaping than would otherwise be required.
e. 
Landscaping, setbacks. Required setbacks from the street shall be landscaped with turf or low ground-cover to establish a residential character for the frontage.
f. 
Landscaping, parking. Open parking areas shall be landscaped as required by subsections 20.24.110.F.2 and 3.
g. 
Screening, parking areas. Open parking areas abutting Adams Street shall be screened as required by subsection 20.24.110.F.1.b.
h. 
Screening, structures with internal parking. Where openings in walls that face Adams Street allow a view of internal parking areas, such openings shall be screened by vegetation or other materials for purposes of obscuring views of the interior from neighboring properties, and reducing glare from interior lighting.
i. 
Screening, storage. Open areas for storage of goods or refuse shall be screened from view from the street as required by subsections 20.24.110.D and E.
j. 
Screening and landscaping, loading areas. Loading areas shall be screened and landscaped as required by subsection 20.24.110.G.
k. 
Signage. No signs shall be permitted to be visible from Adams Street, except for directional signs and other signs that are allowed without permits by Section 20.32.
l. 
Street trees. Street trees shall be required, of species, size and spacing to meet City street tree standards.
E. 
Professional Office Overlay District (:P).
1. 
Conditionally Permitted Uses. The following uses may be permitted upon the granting of a use permit pursuant to the procedures in subsection 20.100.030.
2. 
Professional offices, clinics, medical centers, and uses which in the opinion of the Planning Commission are of a similar nature.
3. 
Specific P District Regulations.
Specific P District Regulations
Uses
Min. Lot Area
Max. Ht.
Min Lot Width
Max. Lot Coverage(1)
Minimum Yards (1)
Front
Rear
Side, Corner
Side, Interior
See a above
5,000 sq. ft.
Same as underlying district
50 ft.
70%
15 ft.
10 ft. (1)
5 ft. (2)
5 ft.
NOTES
(1)
See further yard and coverage regulations in subsections 20.24.060, 20.24.100 and 20.24.110
(2)
One (1) foot shall be added for each twelve (12) feet of height above the lowest fifteen (15) feet of building height.
F. 
Residential-Commercial Transition Overlay District (:RCT). The following additional standards shall apply to development of property frontage on Kains Avenue, within the San Pablo Commercial (SPC) District:
1. 
Orientation. No nonresidential use shall face toward, or have either a public entrance or a delivery entrance from, Kains Avenue.
2. 
Access. Access drives from Kains Avenue shall be limited to serving residential uses only. Any driveway connecting to a nonresidential use shall be controlled to prevent access between the nonresidential use and Kains Avenue, except for emergency purposes.
3. 
Setback, Building. The minimum setback for a building shall be fifteen (15) feet from Kains Avenue, with an additional setback for any portion of a structure extending above twenty-eight (28) feet in height. (See subsection 20.24.070.B.1).
4. 
Setback, Parking. Open parking lots shall be set back a minimum of ten (10) feet from a property line along Kains Avenue, unless the Planning and Zoning Commission, through a use permit procedure, determines that the intent of the setback can be achieved with a lesser setback mitigated by more intense landscaping than would otherwise be required.
5. 
Landscaping, Setbacks. Required setbacks from the street shall be landscaped with turf or low ground-cover to establish a residential character for the frontage.
6. 
Landscaping, Parking. Open parking areas shall be landscaped as required by subsections 20.24.110.F.2 and 3.
7. 
Screening, Parking Areas. Open parking areas abutting Kains Avenue shall be screened as required by subsection 20.24.110.F.1.b.
8. 
Screening, Structures with Internal Parking. Where openings in walls that face Adams Street allow a view of internal parking areas, such openings shall be screened by vegetation or other materials for purposes of obscuring views of the interior from neighboring properties, and reducing glare from interior lighting.
9. 
Screening, Storage. Open areas for storage of goods or refuse shall be screened from view from the street as required by subsections 20.24.110.D and E.
10. 
Screening and Landscaping, Loading Areas. Loading areas shall be screened and landscaped as required by subsection 20.24.110.G.
11. 
Signage. No signs shall be permitted to be visible from Kains Avenue, except for directional signs and other signs that are allowed without permits by Section 20.32.
12. 
Street Trees. Street trees shall be required, of species, size and spacing to meet City street tree standards.
G. 
Watercourse Overlay District (:WC).
1. 
Structures shall not be located closer then twenty (20) feet from the top of the natural creek bank. This requirement may be reduced upon the granting of a use permit pursuant to the procedures in subsection 20.100.030.
2. 
In granting a use permit in the WC District, the Planning and Zoning Commission shall consider requiring measures to preserve and restore the creek area, especially for multifamily dwellings, and commercial and industrial development; the Commission shall also consider making other requirements as necessary to prevent abuse of the creeks or alleviate problems which could be caused downstream. The Planning Commission shall consider the recommendations of the Albany Creek Restoration Report in making their determinations.
3. 
New construction or substantial improvement of structures located in flood-prone areas shall follow the regulations contained in Section 20.52.
020 creek setback.tif
H. 
Planned Residential Overlay District (":PR").
1. 
Maximum Building Height. Maximum height shall be as provided in subsection 20.24.020 for the underlying zoning district, except that the Planning and Zoning Commission may make variations through approval of a conditional use permit pursuant to subsection 20.100.030 or a planned unit development procedure pursuant to subsection 20.100.060. No new conditional use permit shall be required for reconstruction of buildings existing prior to October 16, 2006.
2. 
Other Development Standards. Development standards provided in subsection 20.24.020 for the underlying zoning district shall be applicable, except that the Planning and Zoning Commission may make variations through approval of a conditional use permit pursuant to subsection 20.100.030 or a planned unit development procedure pursuant to subsection 20.100.060. No new conditional use permit shall be required for reconstruction of buildings existing prior to October 16, 2006.
[Ord. No. 04-09; Ord. No. 2014-05 § 6]
A. 
Purpose and Applicability. This subsection provides development regulations that shall be applicable to the Residential Hillside Development District (RHD) in addition to those regulations stated in the Table of Site Regulations by District (subsection 20.24.020.A.).
The RHD District is applicable in the area included in the Albany Hill Area Specific Plan adopted by the City Council on January 23, 1978. These RHD District regulations are intended to insure that precautions are taken to maintain cultural resources, prevent the excessive removal of vegetation, to insure the enforcement of adequate grading controls to prevent erosion. Additionally, these regulations seek to insure aesthetic development compatible both with existing development and the public and private open space areas on Albany Hill.
B. 
Single-Family Residential Development on Less Than Two (2) Acres.
1. 
Lot Size, Lot Width, Density, Setbacks, Coverage, and Floor Area Ratio. Refer to Table of Site Regulations by District (subsection 20.24.020.A.).
a. 
Increase of Density. The permitted density in subsection 20.24.020 may only be increased by a vote of the electorate of the City of Albany. (Measure K, effective date 6/7/94)[1]
[1]
Editor's Note: See Appendix C, Measure K, included as an attachment to this chapter.
b. 
Reduction of Density. The permitted density in subsection 20.24.020 may be reduced by a vote of the Albany City Council in accordance with the City Code for amending zoning provisions. A reduction in density limits, therefore, need not be submitted to the voters for their approval.
c. 
Setbacks for Unenclosed Structures.
1) 
Balconies, stairways and decks above thirty (30) inches from adjoining grade shall not be located within five (5) feet of a side property line.
2) 
Stairways and landings less than thirty (30) inches in height are permitted within required setback areas. However, landscaping and decorative pavement materials shall be substituted for concrete surfaces to the extent possible.
2. 
Grading. All grading within the RHD District shall require approval of a grading permit by the Community Development Department.
3. 
Consistency with Measure K. The maximum permitted density for a single-family development shall be consistent with the General Plan density established by Measure K or any amendments thereto.[2]
[2]
Editor's Note: See Appendix C, Measure K, included as an attachment to this chapter.
4. 
Open Space. Development of single-family dwellings shall to the extent possible promote creative design that maintains open space to insure environmental sensitivity and substantial compliance with the regulations contained within the RHD District.
5. 
Accessory Buildings. Detached accessory buildings are permitted subject to approval of a design review application by the Planning and Zoning Commission, except accessory dwelling units which are regulated by Subsection 20.20.080.
[Amended 6-1-2020 by Ord. No. 2020-04]
6. 
Curb Cut Width. Curb cuts for a single family residence shall not exceed twenty (20) feet in width along the adjacent street frontage.
7. 
Parking. Each single-family residence shall provide two (2) off-street parking spaces.
C. 
Planned Unit Development. Development standards for a planned unit development shall be consistent with the purposes of Planned Unit Developments as stated in subsection 20.100.060.A.
1. 
Application Required. All multiple-family residential development and any single-family development which comprises two (2) acres of land area or more shall require submittal of a Planned Unit Development Application (subsection 20.100.060).
2. 
Consistency with Measure K. The maximum permitted density for a planned unit development shall be consistent with the General Plan density established by Measure K or any amendments thereto and the slope density restrictions contained herein.[3]
[3]
Editor's Note: See Appendix C, Measure K, included as an attachment to this chapter.
3. 
Standards for Single-Family Development. The development standards contained within subsection 20.24.040.B above, shall be considered to be the minimum standards required for development of a single-family planned unit development. Modified development standards may be approved if deemed appropriate by the Planning and Zoning Commission and City Council.
4. 
Transfer of Density. Upon review of a Planned Unit Development application, the Planning and Zoning Commission and/or City Council may permit the transfer of density within a development site to another portion of the subject site upon making a finding that the density transfer is necessary to accomplish the purposes of this chapter.
D. 
Slope Density Restrictions. Land having an average slope measuring less than thirty (30%) percent may be considered for the maximum development density established by Measure K or any amendment thereto, subject to substantial compliance with the design standards contained herein. Land having an average slope between thirty (30%) percent and forty (40%) percent shall be considered for development at a maximum of fifty (50%) percent of the density permitted by Measure K[4] or any amendment thereto, subject to substantial compliance with the design standards contained herein. The following slope density formula is applicable to all development within the RHD District. If application of the slope density formula and this subsection 20.24.040.D permits no development on a specific site, at least one (1) dwelling unit shall be permitted, subject to conditions imposed by the approving agency, including ones which attempt to minimize the potential negative impact to site stability and the health and safety of the community.
Average slope shall be measured by utilizing the following formula:
S=
.00229 IL
    A
S = Average cross slope of the ground in percent
I = Contour interval in feet
L = Combined length of all contours (in feet)
A = Area of the parcel in acres
Example:
13.74% =
.00229 x 2 x 3000
      1.0
S = 14% (rounded)
I = 2 feet (vertical interval between contour lines)
L = 3000 feet (sum of measured horizontal length of contour lines)
A = 1.0 acre (43,560 square feet)
[4]
Editor's Note: See Appendix C, Measure K, included as an attachment to this chapter.
E. 
Natural Topographic Features. Any portion of a proposed residential development site which exceeds forty (40%) percent average slope or with existing topographical features such as ridgelines, cliffs, deep ravines, native tree cover or a significant biotic habitat shall not be considered as lot area for purposes of the calculating density. Any area so excluded shall also be precluded from any further residential development by designation as a private or public open space, scenic easement, and dedication of development rights in perpetuity or other appropriate method.
F. 
Performance Standards. The performance standards contained herein are applicable to all development in the RHD District and are the minimum necessary to insure that the intent and purpose of this chapter are accomplished.
1. 
Grading. All grading in the RHD District requires approval of a grading permit by the Community Development Department. Streets, buildings and other man-made structures shall be designed to complement the natural terrain and landscape. Padded, split level, terraced and level sites shall only be utilized where appropriate and where it can be demonstrated that unfavorable visual impacts will not be created. Graded slopes for construction of streets and buildings generally shall not exceed three (3) feet horizontal to one (1) foot vertical (3:1). Maximum 2:1 slopes can be considered upon recommendation of a geotechnical engineer.
a. 
The design, scope and location of the grading will be compatible with existing grades on adjoining property and shall result in minimal disturbance to the terrain and natural land features.
b. 
Grading shall to the extent possible match or blend with the natural contours of the site.
c. 
Existing trees and native vegetation shall be retained to the extent possible to stabilize hillsides, reduce erosion and to preserve the natural scenic beauty of the area.
d. 
Geologic hazards and adverse surficial soil conditions shall be mitigated to the extent possible.
e. 
Grading plans shall to the extent feasible balance cut and fills on site so that the import and export of materials for development is minimized.
2. 
Views. Structures shall be located so as not to significantly disrupt the natural silhouette of prominent ridges from lower elevations or eliminate existing bay views or vistas. The Planning and Zoning Commission and City Council may also establish specific project design criteria that will preserve significant ridgeline or bay views or vistas from within a planned unit development.
3. 
Building Height. The maximum building height for a single-family residence on a downhill site shall be thirty-five (35) feet above the original grade of a site measured from the midpoint of the building envelope. The maximum permitted height for a single-family residence on an uphill site shall be twenty-eight (28) feet above the original grade of a site measured from the midpoint of the building envelope. No portion of a single-family dwelling or garage structure shall exceed fifteen (15) feet in height within the front setback on an uphill or downhill site.
020 uphill.tif
(6) (a) (2) MEASUREMENT OF HEIGHT: RHD DISTRICT
4. 
Landscaping/Fencing/Walls. Landscaping of areas around structures shall provide a smooth transition and blend into the natural landscape. Graded areas shall be replanted with an emphasis placed upon fire retardant, drought tolerant planting, erosion control, eliminating visual scarring and replanting of the native habitat. Open fencing and the use of short walls as a base for fencing to smooth the transitions of grades in hillside areas is encouraged. The use of natural materials (brick, stone) for fencing and walls that relates to the residential buildings is encouraged.
A coordinated palette of wall and fencing materials to provide richness and continuity in developed areas is encouraged. Retaining walls shall to the extent possible be designed to incorporate planting and allow views out to the landscape from private yards. The use of stepped retaining walls and cascading plant materials to soften the wall face is encouraged (see Figure 1 at the end of this subsection).
5. 
Trees. Trees in excess of six (6) inches in trunk diameter measured at a point three (3) feet from the base shall be considered significant trees in this district and shall be retained to the extent possible. Removal of such a tree requires issuance of a tree removal permit by the Community Development Department. This requirement shall apply to unimproved properties in this District. All design review and/or Planned Unit Development applications shall indicate trees proposed to be removed.
6. 
Building Design. Both upslope and down slope units shall be designed to reduce visual impacts and grading. To the extent possible, residential units shall be stepped uphill or downhill to reduce the height and mass of the buildings from the street. The use of stepped foundation is encouraged (see Figure 2 at the end of this subsection). Rooflines shall relate to the slope and topography and shall be as inconspicuous as possible. Second stories, if appropriate, shall incorporate a variety of bays and recessed overhangs so that the appearance of vertical mass and visual impacts are reduced. To the extent possible, grading plans shall create building pads that support low profile buildings which require minimal retaining walls or support structures. Exterior structural supports and undersides of floors and decks shall not exceed six (6) feet in height except where the Planning and Zoning Commission finds that: (1) no alternative design is feasible, (2) grading to eliminate the need for such support would result in visual scarring or additional environmental damage and (3) no area exists on the property which would reduce or eliminate the need for such supports.
7. 
Exterior Materials. All development within the RHD District shall utilize materials and colors that are compatible with the surrounding environment. The use of wood shakes as an exterior siding or roof material is not permitted. Concrete as an exterior material for driveways, walkways or retaining walls is discouraged. If concrete is utilized, the stark appearance shall be mitigated by mixing an alternate color into the pour or use of an alternate material (aggregate, rock).
8. 
Streets and Driveways. New streets and driveways in the RHD District shall be designed to be parallel to contours to the extent possible. Intermittent widening of streets for guest parking and turnarounds at appropriate places are encouraged. The maximum street section permitted in this area shall be thirty-two (32) feet zero (0) inches curb to curb with guest parking on one side of the street only. Guest parking bays and islands are encouraged to be provided where appropriate. All minimum standards of the Albany Fire Department shall be satisfied for roadway width, turnarounds and pavement materials.
9. 
Street Lighting. Street lighting provided, as part of any new development, shall be of a low profile design, unobtrusive and designed to be compatible with the character of the development and area.
10. 
Sidewalks, Walkways and Trails. Sidewalks shall be discouraged in this district in favor of pedestrian walkways and trails which shall be integrated into an overall circulation plan for the development.
11. 
Environmental Constraints. All development in the Residential Hillside Development (RHD) District shall be developed in a manner which is compatible with the environmentally sensitive setting. The Community Development Department or the Planning and Zoning Commission may require special studies as a part of design review or the planned unit development process. Typical studies requested may include but are not limited to soil and geotechnical reports, cultural resource (archaeological) surveys, biotic or tree studies, and such other studies that might have otherwise been required if a CEQA review was undertaken.
Figure 1. Alternative Wall Treatments
020 figure 1 alt wall.tif
Figure 2. Hillside Building Forms
020 figure 2 hillside bldg forms.tif
[Ord. No. 04-09; Ord. No. 09-011 § 10; Ord. No. 2017-05 § 1]
A. 
General. For buildings other than single-family residences, Floor Area Ratio (FAR) shall be calculated according to the definition provided in the Definitions section (20.08.020) of this chapter. Permitted ratios in the various zoning districts shall be as shown in the Table of Site Regulations by District, Section 20.24.020.
B. 
Single-Family Residences. The following standards shall apply both to new construction on single-family lots, and to additions to existing single-family units. It is the intent of the City that all such construction be compatible with neighboring residential development. A ratio of the gross square footage of structures on a site to the land area of the site shall be employed by the Planning and Zoning Commission as a means of evaluating the bulk of any proposed residential building.
1. 
For purposes of this section, Floor Area Ratio (FAR) shall be calculated as the total gross square footage of the building divided by the total land area of the site. The calculation of gross square footage shall include consideration of the following factors where applicable:
a. 
Gross square footage shall include all covered space located on the site.
b. 
Any covered parking area which is enclosed by two (2) or more walls, whether attached to or detached from the main dwelling structure, shall be included in the calculation of gross square footage, with the exception that one (1) such enclosed parking space, with a maximum interior area equal to the minimum requirement for a single enclosed parking space, as stated in subsection 20.28.50.A.1.a., may be excluded from said calculation.
c. 
Any covered area on or below the first or main floor, shall be considered a story and shall be calculated in the floor-area ratio if the average height of the perimeter is greater than five (5) feet, except a single parking area may be excluded as provided in Paragraph B.1.b above. Measurement of height shall be taken from existing grade conditions at the time the application is filed from the exterior to the top of existing finished floor of the first, main or story above. For the purposes of calculating Floor Area Ratio pursuant to this section, the average perimeter height shall not be altered to achieve a height less than five (5) feet.
d. 
Decks, patios or other usable open areas shall be excluded from calculation of gross square footage, except where such element is enclosed on three (3) or more sides. (Two (2) walls and a solid roof shall be counted as three (3) sides.)
e. 
The total exterior gross square footage of the footprint above and below the stairs shall be calculated for the purposes of FAR. Deductions shall be made for the actual stairwell footprint, up to a sixty (60) square foot maximum deduction from the overall FAR.
f. 
Any attic space having a floor area of at least one hundred fifty (150) square feet with a ceiling height of seven (7) feet six (6) inches or more shall be calculated as gross square footage.
2. 
Except in the Residential Hillside Development District (RHD), the total gross square footage of single-family dwellings shall not exceed a Floor Area Ratio of .55. The Planning and Zoning Commission may approve a floor/area ratio of up to .60 based on determination that any of the following conditions exist:
a. 
The site is of such a size that application of the .55 floor/area ratio would result in a gross square footage of less than one thousand five hundred (1,500) square feet.
b. 
The site is in a zone other than R-1 and buildings on any surrounding properties exceed FAR .60, and the higher FAR is warranted by considerations of harmonious transition among properties.
c. 
The proposed design has architectural features, which contribute substantially to neighborhood quality, which could not be achieved in a smaller building mass.
3. 
In the Residential Hillside Development District, total gross square footage shall not exceed a Floor Area Ratio of .50, as provided in subsection 20.24.20.A, Note 8.
C. 
Commercial, Multifamily and Mixed Uses: Calculation of Enclosed Parking Area. Enclosed off-street parking area serving commercial, multifamily or mixed uses shall be included in the calculation of the gross floor area, with the following exceptions:
1. 
Enclosed parking areas that are located entirely below grade shall not be included in calculating the Floor Area Ratio of a development project.
2. 
Enclosed parking areas that meet the minimum requirement for the number of off-street parking spaces for a commercial use shall not be considered in calculating the Floor Area Ratio of a development project. However, where any enclosed parking spaces, other than those located entirely below grade, are provided in excess of the minimum requirement for commercial use, the area occupied by those additional spaces shall be included in the calculation of the Floor Area Ratio. If such additional spaces cause the allowable commercial Floor Area Ratio to be exceeded, the additional floor area for parking shall be subject to consideration through a use permit procedure.
[Ord. No. 04-09]
See Table 3: Setback Areas, Encroachments.
Table 3: Setback Areas, Encroachments (20.24.060)
Type of Projection
Limitations
Maximum Projection into Required Setback Area
Minimum Distance from a Property Line for any Projection
Required Front Yard
Required Rear Yard
Required Interior Side Yard
Required Exterior Side Yard
Chimneys
3 feet (any required setback)
3 ft.
3 ft.
Open Stairways or landings
May be covered but not enclosed by walls on more than two (2) sides
2 ft. (side yard)
6 ft. (front or rear yard)
3 ft.
3 ft.
Balconies, Porches and Decks
No projection permitted (side yard)
6 ft. (front or rear yard)
Cornices, Eaves and Permanent Decorative Ornaments
Minimum seven (7) feet above grade
2 ft. 6 in.
2 ft. 6 in.
Canopies and Awnings
Minimum seven (7) feet above grade
6 ft.
6 ft.
2 ft. 6 in.
2 ft. 6 in.
Projecting Bays
Maximum width equal to 25 percent of the wall plane from which bay projects.
2 ft. 6 in. (any required setback)
3 ft.
3 ft.
Projecting mechanical equipment
No projection permitted (Front or side yard)
3 ft. (rear yard)
Not permitted
Not permitted
Not permitted
[Ord. No. 04-09; Ord. No. 09-011 §§ 11-13]
A. 
Interior Property Lines Abutting Residential District Boundaries. The minimum setback where an interior lot line of a property in a Solano Commercial or San Pablo Commercial District abuts a residential district boundary shall be five (5) feet on the side:
1. 
The minimum setback at the rear shall be one of the following two (2) options: 1) Twenty (20) feet in height at a point ten (10) feet back from the property line, plus a forty-five (45) degree daylight plane to the maximum permitted height, or 2) Twelve (12) feet in height at the property line, then, horizontally to a point ten (10) feet from the property line, plus thirty-five (35) degrees from vertical daylight plane to the maximum permitted height. (See subsection 20.24.070.A., Figure 1.a and 1.b.) If there is a difference in grade planes between two (2) adjacent parcels, the Community Development Director shall determine appropriate grade plane to be used for daylight plane calculation.
No projections shall be allowed in the area between the daylight planes and rear property line. Usable open spaces located on top of the structure, within ten (10) feet of a residential district boundary, shall have a solid fence or wall six (6) feet in height. The combined height of the structure and the wall shall comply with daylight plane requirements of this Code.
020 figure 1a max hgt permitted.tif
Figure 1.a
020 figure 1b max hgt permitted.tif
Figure 1.b
2. 
The minimum setback, where an interior lot line of a property in a higher density residential district abuts a lower density residential district, and Municipal Code Section 20.24.030 does not apply, the minimum side yard setback shall be five (5) feet on the side. An additional setback for any portion of any structure extending above twenty-eight (28) feet in height, up to the maximum height permitted in the zoning district, shall be defined by a daylight plane extending from a base point located twenty-eight (28) feet above the ground plane at the line of the five (5) foot required side yard setback, inclined away from the vertical at a forty-five (45) degree angle (See figure 2). If there is a difference in grade planes between two (2) adjacent parcels, the Community Development Director shall determine appropriate grade plane to be used for daylight plane calculation.
020 figure 2.tif
Figure 2
3. 
The minimum setback, where an interior lot line of a property in a higher density residential district abuts a lower density residential district, and Municipal Code Section 20.24.030 does not apply, shall be fifteen (15) feet at the rear. An additional rear yard setback for any portion of any structure extending above twenty (20) feet in height, up to the maximum height permitted in the district shall be defined by a daylight plane extended from a base point located twenty (20) feet above the ground plane at the line of the required setback, inclined away from the vertical at a forty-five (45) degree angle (See figure 3). If there is a difference in grade planes between two (2) adjacent parcels, the Community Development Director shall determine appropriate grade plane to be used for daylight plane calculation.
020 figure 3.tif
Figure 3
B. 
Exterior Property Lines at Streets Abutting Residential Districts.
1. 
Where a property in the SPC San Pablo Commercial District has an exterior lot line at either of the two (2) streets that immediately parallel San Pablo Avenue, the minimum setback from such lot line shall be fifteen (15) feet. An additional setback for any portion of any structure extending above twenty-eight (28) feet in height, up to the maximum height permitted, shall be defined by a daylight plane extending from a base point located twenty-eight (28) feet above the line of the minimum required setback, inclined away from the vertical at a forty-five (45o) degree angle. See Figure 2.
2. 
Where a property in a Residential Medium Density District (R-2) or a Residential High Density District (R-3) has an exterior lot line that abuts a residential district, the minimum setback from such lot line shall be fifteen (15) feet. An additional setback for any portion of any structure extending above twenty-eight (28) feet in height, up to the maximum height permitted, shall be defined by a daylight plane extending from a base point located twenty-eight (28) feet above the line of the minimum required setback, inclined away from the vertical at a forty-five (45) degree angle. See Figure 4 below.
3. 
Where a property in the SC Solano Commercial District has an exterior lot line at a street that intersects with Solano Avenue, and any property located directly across such a street is in a residential district, the minimum setback from the exterior lot line of the commercial-zoned property shall be fifteen (15) feet, extending for a distance equivalent to the width of the residential-zoned property, as projected across the street. An additional setback for any portion of any structure extending above twenty-eight (28) feet in height, up to the maximum height permitted, shall be defined by a daylight plane extending from a base point located twenty-eight (28) feet above the line of the minimum required setback, inclined away from the vertical at a forty-five (45o) degree angle. See Figure 4 below.
020 figure 4.tif
Figure 4
[Ord. No. 04-09; Ord. No. 09-011 §§ 14, 15, 18]
A. 
Measurement of Height of a Structure. The height of a structure shall be measured with reference to a plane defined by the natural grade at the perimeter of the structure. The distance of the highest point of the structure shall be measured directly above said plane. See subsection 20.24.040.F.3 for special height measurement provisions applicable in the RHD Hillside Residential District.
B. 
General Exceptions. Subject to approval of a use permit, towers, spires, cupolas, chimneys, elevator penthouses, water tanks, monuments, flagpoles, theatre scenery storage structures, fire towers, and similar structures may be erected to a height not more than ten (10) feet above the height limit prescribed by the regulations for the district in which the site is located, provided that no such structure shall be used for habitable space or advertising purposes, and provided that the aggregate of such structures does not cover more than ten (10%) percent of the roof area of the top floor of the structure to which they are attached. All structures that exceed the height limit shall be subject to design review.
C. 
Mechanical Appurtenances. Mechanical appurtenances covering not more than twenty (20%) of the roof area of the top floor of any nonresidential, mixed use or multi-family structure to which they are attached may exceed the height limit prescribed by the regulations for the district in which the site is located by six (6) feet subject to design review and provided that such structures are screened in accordance with subsection 20.24.110, and further provided that no screening is located within ten (10) feet of the perimeter of the plate line of the top story.
D. 
Exemptions.
1. 
The height limitations specified by this chapter shall not be applicable to public utility distribution and transmission lines, towers and poles.
2. 
Rooftop equipment enclosures or screen walls that do not exceed four (4) feet in height shall be exempt from the requirement for a use permit, but shall be subject to design review.
E. 
Residential Additions. The Planning and Zoning Commission may grant a use permit for a second story addition that exceeds the maximum height of twenty-eight (28) feet, in no case above thirty-five (35) feet, in an R-1 Zoning District if, on the basis of the application and the evidence submitted, the Commission makes at least one of the following findings:
1. 
The roof pitch of the second story is designed to be consistent with the roof pitch on the existing house in order to maintain a unified architectural character.
2. 
The existing house has a partial ground story, which causes an increase in the overall height of the building, and there are sound design reasons for considering a roofline, which exceeds twenty-eight (28) feet.
3. 
The natural downward or upward topography of the site causes an increase in the overall height of the building. The minimum roof pitch has been maintained on the addition to be consistent with the existing architectural design of the house. The height has been measured from the natural or finished grade to the highest point of the roof.
4. 
The existing architectural character and design of the house must be maintained. Design factors have been considered to offset or minimize the increased height, such as breakup in the mass and bulk, offsetting one or more portions of the addition from the ground story wall line, and adding architectural details and elements such as horizontal trim or other features to create interest.
5. 
Planning and Zoning Commission, subject to Design Review criteria, may grant a use permit to allow greater height for second story additions, up to thirty-five (35) feet, measured in accordance with subsection 20.24.080, and based on all three (3) of the following findings:
a. 
The existing house has a partial ground story that causes an increase in the overall height of the building, and there are sound design reasons from considering a roof line that exceeds twenty-eight (28) feet.
b. 
The natural downward or upward topography of the site causes an increase in the overall height of the building. The minimum roof pitch has been maintained on the addition to be consistent with the existing architectural design of the house. The height has been measured from the natural or finished grade to the highest point on the roof.
c. 
The existing architectural character and design of the house is maintained. Design factors have been considered to offset or minimize the increased height, such as breakup in the mass and bulk, offsetting one or more portions of the addition from the ground story wall line, and adding architectural details and elements such as horizontal trim or other features to create interest.
[Ord. No. 04-09]
A. 
Purpose. These regulations are intended to set forth standards for the development of usable open space necessary to fulfill needs for outdoor leisure and recreation, to preserve valuable natural resources, and to improve the quality of residential living, both in multiple-family settings and in settings where multiple-family dwellings are combined with nonresidential activities.
B. 
Standards and Requirements.
1. 
Usable Open Space, General.
a. 
Usable open space includes areas located on the ground or on a roof, balcony, deck, porch or terrace, which are accessible and available to all residents for whose use the space is intended.
b. 
Usable open space does not include street rights-of-way, public and 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, and required front yards or street side yards.
c. 
Suitable recreational structures designed to be consistent with the intent of this subsection may be considered usable open space.
2. 
Common Usable Open Space.
a. 
Common usable open space is available for use by the occupants of more than one dwelling unit and is either:
1) 
Controlled and maintained by the owner of the property, or by an incorporated nonprofit homeowner's association and devoted exclusively to the recreation, scenic and leisure use of all the occupants of the property or,
2) 
Dedicated in fee to, and maintained by, a public agency or recreation district, and devoted to the recreation, scenic and leisure use of the population that will occupy the district.
b. 
Any area to be credited towards common usable open space shall be of such size and shape that a rectangle inscribed within it shall have no dimension less than fifteen (15) feet, and insofar as is possible, shall be contiguous with other common usable open space on or adjacent to the site.
c. 
Decks on roof spaces of main structures, garages, carports, or other accessory buildings may be credited to the total required common usable open space requirements. The design of such a deck must be aesthetic, adequately surfaced, and functional for the purpose for which it is intended.
d. 
The applicant shall employ appropriate methods to insure the permanent status and maintenance of common usable open space.
3. 
Private Usable Open Space.
a. 
Private usable open space is that open space devoted exclusively to the recreation and leisure use by occupants of one (1) dwelling unit and is located immediately adjacent to that unit.
b. 
Any ground-level area credited towards private usable open space shall not be less than fifty (50) square feet in area, and shall be of such size and shape that a rectangle inscribed within it shall have no dimension less than four (4) feet.
c. 
Any area on a roof, balcony, deck, porch, or other structure not located at ground level that is credited towards private open space shall be not less than thirty-six (36) square feet in area, and shall be of such size and shape that a rectangle inscribed within it shall have no dimension less than four (4) feet.
4. 
Usable Open Space Requirement. All multifamily dwellings (three (3) or more units) shall provide at least two hundred (200) square feet of common usable open space per unit; except that each square foot of private usable open space, up to a maximum of one hundred (100) square feet for each individual unit, may be substituted for two (2) square feet of the common usable open space requirement.
Example (For Illustration Only):
Development: Ten-Unit Apartment
Common Usable Open Space Requirement: 10 x 200 sq. ft. = 2,000 sq. ft.
Possible Ways to Meet Requirement:
A.
Six units with 50 sq. ft. balconies
=
300 x 2
=
600 sq. ft.
Common Usable Open Space
=
1,400 sq. ft.
2,000 sq. ft.
B.
Three units with 100 sq. ft. balconies
=
300 x 2
=
600 sq. ft.
Three units with 50 sq. ft. balconies
=
150 x 2
=
300 sq. ft.
Common Usable Open Space
=
1,100 sq. ft.
2,000 sq. ft.
C.
Ten units with 100 sq. ft. balconies
=
1000 x 2
=
2,000 sq. ft.
Common Usable Open Space
[Ord. No. 04-09]
Garages, carports and other structures may be attached to and have a common wall or roof with the main structure on a site, or may be connected with the main structure by a breezeway, provided that the open spaces surrounding all structures shall conform with the regulations for the district in which they are located. A breezeway shall not exceed twelve (12) feet in height at the ridge, and no more than fifty (50%) percent of the sides of the structure shall be enclosed with any material other than that necessary for roof supports. Where there is more than one (1) structure on a site, the minimum distance between main structures shall be ten (10) feet, the minimum distance between a main structure and an accessory structure on the same site shall be six (6) feet.
[Ord. No. 04-09; Ord. No. 09-011 §§ 16, 17]
A. 
Purpose. These regulations are intended to provide for security and privacy, to protect individual properties from traffic, noise, heat, glare and dust, and to improve the appearance of neighborhoods in Albany by providing adequate landscaping and screening.
B. 
Application. General landscaping which may be required by the Planning and Zoning Commission as part of the design review process provided for in subsection 20.100.050 shall meet the standards and requirements included in this subsection. Specific screening requirements are also included in this subsection.
C. 
Fences, Walls and Hedges, General.
1. 
Except as otherwise provided below, no fence, wall or hedge shall exceed six (6) feet in height in any R District, or eight (8) feet in height in any C District. In the case of a fence proposed at a property line where there exists a disparity of elevation of eighteen (18) inches or more between one property and another, the Community Development Director shall determine the base elevation for measuring the height of the fence.
2. 
In any R District any fence, wall hedge, or other visual obstruction shall not exceed three (3) feet in height within any required front yard. A visual obstruction exceeding three (3) feet in height within ten (10) feet of any property line abutting a street shall be subject to administrative design review. No exceptions shall be made for residential structures with nonconforming front yard setbacks (see illustration below).
020 3 feet.tif
Exception to height limit in front yard: A structure designed to provide a decorative gateway, such as an arbor, trellis or pergola, may occupy an area not to exceed twenty (20) square feet, with a maximum horizontal dimension of six (6) feet and a maximum vertical dimension of ten (10) feet, subject to administrative design review approval based on all of the following findings:
a. 
The structure is not attached to the principal structure or any other structure other than a fence.
b. 
Structural bulk is minimized by the use of open materials such as lattice.
c. 
The location of the structure does not create a sight distance problem with respect to driveways or street intersections.
d. 
The design of the structure is appropriate to the main building and the landscaping of the property.
3. 
In the street side yard of a corner lot, any fence, wall, hedge, or other visual obstruction, shall not exceed three (3) feet in height within ten (10) feet of the intersection of a street line with the outside line of any driveway, or within twenty-five (25) feet of the intersection of any two (2) street lines. See illustration above.
4. 
Trees on which branches are removed from the ground line to a point five (5) feet above the ground line are excluded from the restrictions in subparagraphs 1, 2 and 3 above. The Community Development Director may make an exception for a tree that has not reached maturity upon finding that the tree does not constitute a safety hazard by blocking a sight line.
5. 
Fences, walls, hedges or necessary retaining walls may occupy not more than one (1) foot of the width of a minimum required side yard.
6. 
The maximum height of fences, walls or hedges shall be eight (8) feet along interior lot lines which are adjacent to public recreational facilities such as parks, playgrounds and bicycle paths.
7. 
No fence, wall, gate, hedge or retaining wall, nor any portion of a tree or other vegetation having a vertical clearance of less than seven (7) feet, shall encroach upon any public right-of-way without an encroachment permit, nor, in any case, upon any sidewalk within a public right-of-way. All such structures or vegetation shall be maintained so as to avoid encroachment upon the public sidewalk. The Community Development Director may make an exception for a tree that has not reached maturity upon finding that the tree does not constitute a significant obstruction to use of the sidewalk.
D. 
Screening Requirements, General.
1. 
Five (5)-foot landscaped strips immediately behind all property lines shall be provided in Residential Districts for all uses other than residential uses.
2. 
Landscaped strips or other screening may be required by the Planning and Zoning Commission for any use in the PF, WF and all Commercial Districts.
3. 
Dense landscaping or a solid wall or fence shall be provided:
a. 
Along the rear and side property lines of any nonresidential use which abuts on a residential use;
b. 
To screen any open area used for the storage of goods, materials, or wastes from view from abutting properties and from public rights-of-way; all openings for access to such storage areas shall be provided with solid gates or other devices constructed of view-obscuring materials;
c. 
To screen any open area used to display goods or materials for sale from view from abutting properties.
d. 
To screen manufacturing activities from view from public rights-of-way;
e. 
To provide relief from adjacent noise sources; a wall designed for acoustical attenuation may be required.
f. 
To screen roof-top mechanical appurtenances from view from abutting properties and public rights-of-way.
4. 
Conformity. The landscaping and screening requirements of this subsection shall be satisfied by all property owners, as applicable, within five (5) years of the date of adoption of this chapter.
E. 
Screening Standards, General.
1. 
Height.
a. 
Minimum Height. The minimum height of screening devices required in paragraph C, 3 above shall be six (6) feet, except that the Planning and Zoning Commission may reduce the required height.
b. 
Maximum Height. The maximum height of screening shall be as provided for in subsection 20.24.110.C.
c. 
Where a specific height of planting is required herein or by the Planning and Zoning Commission, such landscaping shall be not more than three (3) feet lower than the required height at the time of planting in the case of a prescribed height of five (5) feet or more, and shall not be more than two (2) feet lower than the required height at the time of planting in the case of a prescribed height of less than five (5) feet.
d. 
A landscaped earthen berm may count toward required heights of landscaping and screening.
2. 
Materials. Where trees are required, they shall be of a species, degree of maturity, and spacing acceptable to the Planning and Zoning Commission. Where dense landscaping to a specified height is prescribed for screening, the landscaping shall be of a type and spacing so that vision of objects on the opposite side is effectively eliminated up to the prescribed height.
3. 
Maintenance. All planting required by this chapter or by Planning and Zoning Commission action shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, weeding, cleaning, fertilizing, and regular watering or otherwise maintained as deemed necessary by the Community Development Manager. Whenever necessary, planting shall be replaced with other plant materials to insure continued compliance with applicable landscaping requirements. All screening shall be in sound functional condition, or whenever necessary, repaired and replaced.
4. 
Encroachments. In order to meet landscaping requirements, portable planter boxes or similar devices may encroach into the public right-of-way not to exceed two (2) feet in the SPC District and one (1) foot in the SC District. Such encroachments shall be subject to standards established by the Community Development Director.
F. 
Screening and Landscaping, Off-Street Parking. (See Section 20.28 for parking space requirements and standards.)
1. 
Screening of Parking Facilities for All Uses (Except Single-Family and Two-Family Dwellings). The screening requirements for off-street parking facilities associated with all uses, as well as for commercial and public parking lots, but excluding single-family and two (2) family dwellings, are as follows:
a. 
Parking Facilities Abutting a Residential Use. A screening device not less than six (6) feet in height shall be provided along all interior lot lines, except that the height of a wall or fence adjoining a required front setback in an R district shall not exceed three (3) feet.
b. 
Parking Facilities in a Commercial District Across the Street from a Residential District. The parking facilities shall be screened by a fence, wall or compact evergreen hedge not less than five (5) feet in height.
c. 
Parking Facilities for Multifamily Residential Development. A carport or open parking area for five (5) or more cars shall be screened from an adjoining lot in any R district by a solid wall or fence not less than six (6) feet in height, except that the height of a wall or fence adjoining a required front setback in an R district shall not exceed three (3) feet.
d. 
Nonresidential Parking Facilities, Five or More Spaces. A parking area for five (5) or more cars serving a nonresidential use shall be screened from any adjoining R district by a solid concrete, solid wood or masonry wall of not less than six (6) feet in height, except that the height of a wall adjoining a required front setback in an R district shall not exceed three (3) feet.
e. 
All Parking Facilities. A screening device of at least three (3) feet in height shall be provided between the parking spaces and any exterior lot line.
f. 
Materials. All screening devices shall be constructed of dense landscaping or fence, wall, grill or other material.
2. 
Landscaping of Parking Facilities for All Uses (Except Single-Family and Two-Family Dwellings).
a. 
Perimeter Planting Areas. Parking lots shall have perimeter planting areas with a width of no less than five (5) feet at an exterior property line, or no less than three (3) feet at an interior property line. A parking structure having at-grade parking adjoining a street, with no wall on the street side, shall have a five (5)-foot planting area adjoining the street property line.
b. 
Interior Planting Areas. The total area of interior planting areas shall be at least five (5) percent of the area within the parking area. Interior planting areas shall be distributed throughout the parking lot and shall be subject to the following conditions:
1) 
Interior landscaped areas shall be a minimum of three (3) feet in width, except that an additional one (1) foot shall be required where trees are planted.
2) 
The end of each row of parking spaces shall be separated from driveways by a landscaped planter, sidewalk, or other means.
3) 
A minimum of one (1) tree for every three (3) spaces shall be distributed evenly throughout the parking lot.
c. 
Overhang Allowance: Where autos will extend over landscaping, the required planting areas shall be increased two (2) feet in depth by decreasing the length of the parking stall by two (2) feet. Where autos will overhang into both sides of an interior landscaped strip or well, the minimum inside curb-to-curb interior planter dimension shall be seven (7) feet.
020 planting strip.tif
3. 
Additional Landscaping of Parking for Nonresidential Uses Having Five (5) or More Parking Spaces. All off-street parking for nonresidential uses having five (5) or more spaces shall provide additional landscaping, which shall be subject to design review procedures set forth in subsection 20.100.050. Such additional landscaping shall be required as is appropriate to the design and function of the structures, uses and other facilities on the site.
a. 
Purpose: The purpose of these requirements is to ensure that landscaping for nonresidential parking areas:
1) 
Conforms to the Design Review requirements and standards as set forth in subsection 20.100.050.D of this chapter.
2) 
Provides visually pleasing setting for off-street parking areas in relation to structures, uses and other facilities on the site and on adjoining or nearby sites.
3) 
Blends harmoniously with the natural landscape and other important visual features of the site and the surrounding area and is appropriate to the design and function of structures and other facilities on the site or on adjoining or nearby sites by providing adequate planting, visual screening and other design features.
4) 
Promotes harmonious transitions between different land uses.
b. 
Minimum Requirements and Standards:
1) 
One (1) tree shall be provided for every eight (8) parking spaces, except that all parking areas of five (5) or more spaces shall require at least one (1) tree. The trees shall be planted in tree wells of at least four-by-four (4x4) feet in locations approved by the Planning and Zoning Commission, and shall be provided with a means of irrigation and maintained in a living condition.
2) 
All planters and tree wells shall be enclosed by a concrete curb not less than six (6) inches in height.
3) 
The actual design and site planning that incorporates this additional landscaping shall be reviewed on a case-by-case basis with the objective of mitigating the visual impact of parking lots. The following minimum standards shall apply:
a) 
Parked cars must be screened from public streets and adjacent properties and uses with landscaping along the edges of the parking areas.
b) 
Substantial landscaped areas must be provided within the parking lots. To maintain visibility for public safety, secluded niches and corners should be avoided. Two (2) story landscaping that includes both large canopy or oval trees and low shrubs (not exceeding thirty (30) inches in height) are strongly encouraged.
c) 
Each off-street parking area having fifty (50) or more spaces shall have landscaped areas equivalent to at least ten (10%) percent of the area of the parking lot in addition to the minimum open space and setback requirements pursuant to this chapter. The design of the landscaping shall be coordinated with the overall landscaping for the site and shall not result in a net reduction of parking spaces.
G. 
Screening and Landscaping of Loading Areas. The screening requirements for off-street loading facilities are as follows:
1. 
Uses in a Commercial or Industrial District Across the Street from a Residential District. The loading facilities shall be screened by a fence, wall or compact evergreen hedge not less than five (5) feet in height.
2. 
All Uses in Commercial or Industrial Districts. A screening device of at least three (3) feet in height shall be provided between the loading spaces and any exterior lot line.
3. 
Materials. All screening devices shall be constructed of dense landscaping or a fence, wall, grill or other material and shall meet the landscaping requirements of subsection 20.24.110.E., if applicable, and the fence, wall and hedge requirements of subsection 20.24.110.C.
[Ord. No. 04-09]
A. 
Refuse storage area, including an area dedicated to materials being held for recycling, screened on all sides by a six (6)-foot high solid wall of wood or masonry or a comparably durable material, or located within a building, shall be provided prior to occupancy for all uses other than a single-family or two (2)-family residence. Gates shall be located and oriented to facilitate deposit and collection, and are to be self-latching.
[Ord. No. 04-09; Ord. No. 09-011 § 19; Ord. No. 2014-05 § 7]
A. 
Purpose. These regulations are intended to ensure that required yard areas and access ways in residential districts remain substantially open and unobstructed and that accessory buildings are not used in a manner inconsistent with the General Plan and this chapter.
B. 
Definition. Refer to "Building, accessory" in the definitions section of this chapter.
C. 
Permitted Uses. Accessory buildings may be used as detached carports or garages, patio shelters, garden or storage sheds, greenhouses, pool houses, artist studios, workshops, tree houses, home offices, City licensed home occupations, or for a similar function as determined by the Planning and Zoning Commission, provided that such use does not remove required parking.
D. 
Accessory Dwelling Units. Accessory dwelling units are regulated by Ssubsection 20.20.080 as a use of land. Regulations of this subsection for accessory buildings do not apply to accessory dwelling units.
[Amended 6-1-2020 by Ord. No. 2020-04]
E. 
Prohibited Uses. Accessory buildings may not be used for sleeping purposes.
F. 
Bathrooms and Kitchens. No kitchens shall be permitted in accessory buildings. Bathroom facilities shall be limited to a sink and a toilet. An exception shall be made for accessory buildings serving swimming pools whereby all bathroom facilities are permitted, provided the entire accessory building does not exceed one hundred twenty (120) square feet in size.
G. 
Location on the Site. No accessory building shall be closer than six (6) feet to the main building on the lot, nor located in a required front setback area.
H. 
Setbacks. Accessory buildings shall be within six (6) inches of the side or rear lot line, or shall be set back at least three (3) feet, and shall be subject to the following provisions:
1. 
Accessory buildings shall not have openings (windows, doors, and vents) within three (3) feet of the property line. This includes openings on walls that are perpendicular to a property line. An exception shall be made for garage (vehicle) doors.
2. 
Accessory buildings located on the street side yard of corner lots are required to meet the minimum setback requirements for the main building.
I. 
Rear Setback Coverage. No accessory building, nor the aggregate of two (2) or more accessory buildings, in a residential district, shall occupy more than thirty (30%) percent of the required rear setback area, or more than thirty (30%) percent of the entire rear yard, whichever is greater.
J. 
Maximum Height. The maximum height of an accessory building shall be twelve (12) feet, except that within three (3) feet of the property line, no exterior wall shall exceed eight (8) feet six (6) inches in height, as measured from the top of the foundation, and no roof pitch shall exceed forty-five (45°) degrees.
K. 
Projections. Accessory building roofs or other architectural projections shall not project over a property line.
L. 
Tree Houses. This subsection establishes standards for tree houses to ensure neighborhood compatibility. Tree houses that meet the following limitations are exempt from City permit requirements. If any limitations in the subsection below are exceeded, a variance and a building permit will be required. The Community Development Director may specify additional information required in support of an application for a variance:
1. 
Maximum height. Twelve (12) feet above grade.
2. 
Maximum size. Thirty-six (36) square feet.
3. 
Setback. No tree house or access structure shall be within three (3) feet of a property line.
4. 
No habitable space. A tree house is intended for recreational use and shall not be used as a habitable space.
5. 
Prohibitions. No electricity, plumbing or heating shall be allowed.
[Ord. No. 04-09]
A. 
Purpose. This subsection allows temporary buildings to be located in designated districts of the City subject to reasonable regulations intended to protect surrounding property and the public health, safety and welfare.
B. 
General.
1. 
A temporary building may be located in any site zoned SC, SPC, CMX, R-3:P, WF or PF, if a Conditional Use Permit is granted by the Planning and Zoning Commission.
2. 
In addition to meeting the requirements of subsection 20.100.030 regarding Major Use Permits, the applicant shall show that there is sufficient reason to allow the temporary building. Examples of sufficient reasons are:
a. 
The planned construction of a permanent building on the same site;
b. 
A short-term need for additional building space where there is an existing permanent use on the same site; and/or
c. 
A need for building space for a short-term use of a site.
3. 
These regulations do not apply to construction trailers, sheds, etc., located on the site while construction is underway, pursuant to a construction permit issued by the City.
C. 
Requirements.
1. 
The temporary building, and its installation, shall meet all applicable City and State codes and other regulations.
2. 
Sanitary facilities shall be provided to City standards, either in the temporary building, or in a permanent building on the same site.
3. 
Any plumbing in the temporary building shall be connected to public water lines and the City sewer system.
4. 
The temporary building shall be removed within one (1) year after the use permit is granted.
5. 
The Planning and Zoning Commission may impose additional conditions relating to landscaping, parking, exterior appearance, location on the site, site restoration, time limitation, etc.
[Ord. No. 04-09]
A. 
Purpose. The following design criteria are intended to insure that manufactured homes are designed and located so as to be harmonious within the context of the surrounding houses and neighborhood.
B. 
Design Criteria. Manufactured homes shall be subject to Design Review procedures stated in Section 20.100.050. Manufactured homes shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards:
1. 
The unit's skirting must extend to the finished grade.
2. 
The roof must be of a material and style to be approved in the design review process, and shall comply with the most recent edition of the Uniform Building Code fire rating approved in the City of Albany.
3. 
The roof must have eaves or overhangs of not less than one (1) foot.
4. 
Any covered parking shall be compatible with the manufactured home design and with other buildings in the area.
5. 
No more than one manufactured home may be located on any single lot.
C. 
Off-street Parking. A manufactured home is defined as a single-family dwelling unit, and in all cases shall be required to meet all requirements and standards for off-street parking as provided for single-family dwellings in Section 20.28.
[Ord. No. 04-09]
Commercial storefronts in the SC and SPC Districts shall have windows on the ground floor street frontage that provide views into the buildings and/or provide space for public display of merchandise or other materials, or otherwise offer public attraction as determined in the design review process. Alterations or treatments for the purpose of making windows obscure shall be prohibited. All alterations shall be subject to design review as required by subsection 20.100.50.
[Ord. No. 04-09]
The regulations applicable to each district shall be applied to the area within that district, and no use other than parking serving a principal use on the site shall be located in a district in which it is not a permitted or conditional use. Pedestrian or vehicular access from a street to a use shall not traverse a portion of the site in a district in which the use is not a permitted or conditional use.
[Ord. No. 04-09]
A. 
Purpose. The purpose of this section is to establish standards for the location of external mechanical equipment on residential properties in order to minimize any nuisance effects on adjacent properties.
B. 
Applicability. The standards of this section shall apply to equipment that is likely to produce noise, glare, odor or heat that could intrude upon adjacent properties. Such equipment includes but is not limited to: pumps and heaters associated with hot tubs, spas and swimming pool; exterior-located air conditioning equipment such as compressors or heat pumps; exterior-located water heaters; emergency power generators; and wind-driven pumps or power generators.
C. 
Acoustic Baffling. Noise-generating equipment shall be enclosed and/or baffled by material sufficient to assure compliance with exterior noise standards listed in Table I of Albany Municipal Code Section 8-1-.4. The Community Development Director may require the submittal of manufacturers' specifications to demonstrate that City standards for exterior noise will not be exceeded. The Director may also require the owner of any equipment installed according to this subsection to provide acoustic testing of the equipment, in the event of any complaints.
D. 
Setback Requirement. Any equipment, located in a side yard, that is capable of generating odors, heat or air currents that could adversely affect adjoining residential properties, shall be set back from a side property line by the minimum required yard dimension, or five (5) feet, whichever is greater.
E. 
Lighting Control. Any outdoor lighting associated with mechanical equipment shall be directed and baffled to avoid overspill onto adjacent residential properties.
[Ord. No. 04-09; Ord. No. 2017-06 § 2]
These regulations are intended to:
A. 
Ensure that off-street parking facilities for vehicles and bicycles are provided for new land uses and for alterations and enlargements of existing land uses and structures in proportion to the need for such facilities created by each use.
B. 
Ensure that the existing inventory of parking spaces serving commercial districts is not diminished by new uses and construction.
C. 
Acknowledge the constraints posed by the existing state of development and the lack of available land area that characterize the City, and provide for equitable application of the parking space requirements.
D. 
Ensure that off-street parking facilities are designed in a manner that will ensure efficiency, protect the public safety and minimize adverse impacts upon surrounding land uses.
[Ord. No. 04-09; Ord. No. 2017-06 § 2; Ord. No. 2019-01 § 4]
A. 
Residential Uses.
1. 
Expansion of Dwelling Unit. When an existing dwelling unit is expanded without creating an additional dwelling unit, the requirement of subsection 20.28.030.A shall be met unless it is waived or reduced pursuant to subsection 20.28.040.A.1 or 2.
2. 
Addition of Dwelling Unit. When any dwelling unit is added to a residential site, the new dwelling unit shall meet the requirement of subsection 20.28.030.A. The number of existing off-street parking spaces which serve to meet the requirements for existing dwelling units on a site shall not be reduced when any new dwelling unit is added to the site, except as provided in subsections 20.28.040.A.3 and 4.
B. 
Nonresidential Uses. When any structure is constructed, enlarged, or increased in capacity, or when a change in use occurs, the requirements of this subsection shall be satisfied, except as specifically provided in subsection 20.28.040.B. For purposes of this subsection a change of use shall mean replacement of one activity with another activity that the City determines to be in a different category of parking space requirements, (e.g., a change in requirement from one (1) space per three hundred (300) square feet to one (1) space per two hundred (200) square feet.)
C. 
Unlisted Uses. Requirements for types of buildings or uses not specifically listed herein shall be determined by the Community Development Director based upon the requirements for comparable uses listed and on the particular characteristics of the building or use.
D. 
Multiple Use. When two (2) or more nonresidential uses are located in the same building and/or in common developments other than shopping centers, or when parking facilities for different buildings or uses are provided collectively, the parking requirements shall be the sum of the separate requirements for each use, except as provided in subsection 20.28.040.B.4 below. Special provisions for mixed residential and nonresidential facilities are stated in subsection 20.28.040.C below.
E. 
Access During Business Hours. Required parking spaces that serve commercial uses and are intended for use by business clientele shall remain open and accessible during business hours.
F. 
Shopping Centers. Where shared parking facilities are provided for two (2) or more commercial uses in a shopping center, the minimum requirement may be reduced to seventy-five (75%) percent of the sum of the requirements for the various uses computed separately, when the combined requirements total twenty (20) or more spaces. Refer to subsection 20.08.020 for the definition of shopping center.
G. 
Dedication to Parking. All off-street parking spaces, carports, parking lots, parking garages and access drives required by this chapter shall be dedicated to the parking of motor vehicles and kept available for parking for the duration of the use requiring the parking. In the event that a change of use or other change of circumstances causes the existing parking spaces on a nonresidential site to be in excess of the minimum requirement for the use of the site, the Community Development Director may consider approval of an arrangement by which the excess spaces may meet requirements for other uses, through a minor use permit process.
H. 
Use of Required Yards. No portion of any required front yard shall be used to meet off-street parking requirements, except as provided below in subsection 20.28.040.A.8.
I. 
Limitation on Paved Area of Front Yards. Any paved area between the front property line and the front of a building shall be limited to a walkway for entry access, and a driveway not to exceed sixteen (16) feet in width, that forms a direct route from the street to a garage or other parking space deemed acceptable by the Community Development Director. The Planning and Zoning Commission may grant an exception to this limitation, based on unusual conditions of the site, such as topography, size, location or visibility. No parking of vehicles shall occur in any unpaved portion of a front yard.
J. 
Limitation on Repairs. No repair work or servicing of vehicles shall be conducted in a required off-street parking space, except such minor work performed by the resident as is common to residential use.
K. 
Bicycles. Sufficient bicycle storage space including outdoor bicycle racks and indoor storage where feasible, as determined by the Planning and Zoning Commission, shall be provided by new business establishments, new multi-family developments, residential mixed-use developments, and commercial mixed-use developments in the City of Albany.
L. 
Calculation of Requirements. Fractional space requirements shall be rounded to the nearest whole number (one-half (1/2) shall be rounded up).
M. 
Signage. Signs related to off-street parking shall be pursuant to Section 20.32.
N. 
Alternative Methods of Meeting Parking Requirements for Nonresidential Uses. Required off-street parking spaces normally will be provided on the site of the use being served, through the approval process required for such use. Alternatively, the off-street parking requirements as specified by this section for nonresidential uses may be fulfilled by the following means:
1. 
Off-Site: Required off-street parking spaces may be provided in a different location from the location of the use being served, provided that parking for customers and visitors is located within seven hundred (700) feet and parking for employees is within one thousand (1,000) feet, with distances measured from the near corner of the parking facility to the main public entrance of the use served via the shortest pedestrian route. Such arrangements may be approved through an administrative zoning permit process, unless a use permit is required for the basic use, in which case consideration of off-site parking shall be made part of the use permit consideration.
2. 
In-Lieu Fee: The City Council may establish by ordinance a method by which payment of a fee may be accepted by the City in fulfillment of the requirement for one (1) or more parking spaces. Fees thus collected would be used by the City to increase the supply of parking available to support activities in the SC and SPC zoning districts and to enhance parking facilities.
3. 
Assessment District: The City Council may initiate, pursuant to appropriate State statutes, the formation of one (1) or more special districts for the purpose of providing public off-street parking. Participation in such a district by property or business owners could provide a means of fulfilling all or part of the parking requirements for a particular site. Fees paid in lieu of providing parking spaces could be used by the City in conjunction with an assessment district.
O. 
Car-Share Service. Where feasible, car share service may be established for public use. A car-share service is a mobility enhancement service that provides an integrated citywide network of neighborhood-based motor vehicles available only to members by reservation on an hourly basis, or in smaller intervals, and at variable rates. Car-share vehicles must be located at unstaffed, self-service locations (other than any incidental garage valet service), and generally be available for pickup by members twenty-four (24) hours per day. A car-share service shall assume responsibility for maintaining car-share vehicles.
P. 
Unbundled Parking. Unbundled parking may be incorporated as part of a multi-family or residential mixed-use development. Unbundled parking is a parking strategy in which parking spaces are rented or sold separately, rather than automatically included with the rent or purchase price of a residential or commercial unit. Tenant or owners may purchase only as much parking as they need and are given the opportunity to save cost and space by utilizing fewer parking stalls.
Q. 
Electric Vehicles. The City of Albany encourages electric vehicle use and the establishment of convenient and cost-effective electric vehicle infrastructure where appropriate. Electric vehicle infrastructure shall not conflict with or create hazardous situations in the public right-of-way.
1. 
Electric Vehicle (EV) is any motor vehicle registered to operate on California public roadways and operates, either partially or exclusively, on electrical energy from the grid or an off-board source that is stored on-board for motive purpose. "Electric vehicle" includes but is not limited to: a battery electric vehicle, a plug-in hybrid electric vehicle, a neighborhood electric vehicle, and an electric motorcycle.
2. 
Electric Vehicle Charging Station (EVCS) means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. An electric vehicle charging station equipped with Level 1 or Level 2 charging equipment is permitted outright as an accessory use to any principal use.
R. 
Transportation Demand Management Plan. The City of Albany encourages Transportation Demand Management Plans as part of existing and new multi-family residential development, residential mixed-use development, affordable dwellings and new commercial and commercial mixed-use developments. Transportation Demand Management (TDM) is an important strategy to increase access to alternative transportation systems, improve mobility, and minimize negative impacts associated with vehicular travel. A TDM plan describes policies, programs, or resources that support and incentivize sustainable travel choices such as walking, biking, taking transit, or carpooling.
[Ord. No. 04-09; Ord. No. 2014-02 § 5; Ord. No. 2017-06 § 2; Ord. No. 2019-01 § 4]
Off-street parking spaces shall be provided according to the following schedule, unless reductions or exceptions are made according to Subsection 20.28.040 below.
A. 
Residential Uses.
[Amended 6-1-2020 by Ord. No. 2020-04]
Table 4. Residential Parking Requirements (20.28.030)
Land Use
Parking Requirement
Single-family dwelling1
2 spaces per dwelling unit
Two-family dwelling2
1.5 spaces per dwelling unit
Multifamily dwelling3
1 space per unit
Live/work space
1 space per unit
Senior citizen housing development
0.5 space per unit
Residential mixed-use development4
1 space per unit
Affordable dwelling unit5
0.5 space per unit
Shared housing
0.5 space per bedroom
Bed-and-breakfast
See Subsection 20.20.010.C.
Large family day-care home
See Subsection 20.20.020.B.2.c.
Residential care home (more than 6 residents)
See 20.20.020.C.2.c.
Accessory dwelling unit
No off-street parking required
Transitional housing
1 space per 2 employees
Supportive housing
1 space per 2 employees
Notes, Table 4
1.
Requirements may be modified or reduced through Planning and Zoning Commission review subject to Subsection 20.28.0040.A.2, Additions Where No New Dwelling Units are Created, or Subsection 20.28.040.A.8, Parking in Required Yards.
2.
Requirement may be reduced through conditional use permit review pursuant to Subsection 20.28.040.A.3, Two-Family Dwellings.
3.
Requirement may be reduced through conditional use permit review pursuant to Subsection 20.28.040.A.4, Multi-Family Dwelling.
4.
Requirement may be reduced through conditional use permit review pursuant to Subsection 20.28.040.A.5, Residential Mixed-Use Development.
5.
Requirement may be reduced through conditional use permit review pursuant to Subsection 20.28.040.A.6, Affordable Dwelling Unit.
B. 
Nonresidential Uses.
Key to schedule:
1/100 means one parking space per 100 square feet of gross floor area, except where specification is made for outdoor area.
1/200 means one parking space per 200)square feet, etc.
UP means parking requirement for a particular use will be determined through a use permit procedure.
Table 5. Nonresidential Parking Requirements (20.28.030)
Land Use
Parking Requirement
See 20.28.040.B and C for exceptions.
Public and Quasi-Public
Community Assembly
1/100
Clubs and Lodges
1/100
Cultural Activities/Institutions
1/400
Day Care Center (Non-Family)
1 space per 6 individuals under care
Emergency Shelter
See Section 20.40.070B.4.
Hospitals and Clinics
Hospital: UP Clinic: 1/300
Park and Recreation Facilities
UP
Public Administration Offices/Facilities
1/400
Public Maintenance Facilities
1/1,000, including building and open use areas
Religious Institutions
1/100
Schools, public or private
Elementary/Middle: 1 space per employee
High: same plus 1 space per 10 students
Social Service Facilities
1/300
U.S. Post Office
1/300
Buildings or yards supporting utilities: Major, Minor, Underground.
UP
Commercial1
Adult entertainment establishments
1/400
Animal Sales and Services:
a) Animal Boarding
1/500
b) Animal Grooming
1/400
c) Animal Hospitals
1/300
d) Animal Sales
1/400
Automobile/Vehicle Sales and Services:
a) Automobile/vehicle/ equipment sales and/or rental (excluding inventory)
Sales: 1/1,000 including building and open use areas
Rental: 1/400 (in building)
b) Automobile service stations (includes fueling stations)
UP
Commercial:
c) Automobile/vehicle/ equipment repair
1/300
d) Automobile washing
UP
Bars
1/200, or if live entertainment, 1/100
Building materials sales and service:
a) Within an enclosed building plus
b) Open storage area
1/400
1/800
Commercial recreation/entertainment
Theatre: 1 space per 4 seats Other: UP
Commercial recreation/entertainment in the Waterfront District
Theatre: 1 space per 4 seats Other: UP
Communication facilities
1/500
Construction services (contractors)
1/1,000, including building and open use areas
Dry cleaner (retail)
1/400
Financial institutions
1/300
Funeral and internment services
1/100
Gyms and health clubs
1/300
Hotels and motels
1 space per bedroom; other uses by UP
Laboratory, limited
1/500
Laundry, large scale
1/800
Laundry, self-service
1/400
Offices, professional and other
1/200 medical; 1/400 all other
Marinas and boat launching ramps
UP
Parking lots, commercial
-
Pawn shops
1/400
Printing (retail)
1/400
Printing (industrial)
1/800
Repair Services (non-auto)
1/400
Research and Development (commercial)
1/400
Research and Development (educational)
1/400
Restaurant
1/200, General
a) With live entertainment
1/100
b.1) With take-out (walk-up)
1/100
b.2) With take-out (drive through)
1/100
Retail, food and beverage sales
1/400
Retail, nurseries and garden supplies:
Within an enclosed bldg: Plus
Open sales or growing area:
1/400
1/800
Retail sales:
a) Neighborhood retail
1/400
b) Community retail
1/400
c) Regional retail
1/400
Services, ambulance
1/500
Services, business
1/800
Services, catering
1/500
Services, instructional
1/300, general
1/200, business school
Services, massage
1/400
Services, personal
1/400
Telecommunication facilities
1/1,000
Waterfront and waterfront sports- related commercial sales and service
1/400
Industrial
Industry, limited
1/800
Industry, general
1/1,000
Truck terminal
UP
Warehousing and storage:
a) Within an enclosed building Plus
b) Outdoor use area
1/1,000
1/1,000
Wholesaling and distribution
1/1,000
Notes:
1See Section 20.28.040.B.7 for parking requirements in the SC District.
C. 
Bicycle Parking.
1. 
Applicability. New commercial construction, mixed-use construction, multi-family properties, commercial properties where there is a change of use, and remodeled commercial or mixed-use building shall provide bicycle parking facilities.
2. 
General Requirements.
a. 
Bicycle parking facilities shall be provided in a convenient and well-lit area. Unprotected bicycle parking should be located in an area of high pedestrian foot traffic so as to discourage theft.
b. 
Bicycle racks in the Solano Commercial (SC) and San Pablo Commercial (SPC) Zoning Districts may be located within the public right-of-way subject to selection of rack design, review of location, and approval of an encroachment permit. Safe and convenient means of ingress and egress for vehicles shall be provided and an unobstructed sidewalk clearance of four (4) feet is maintained for pedestrians at all times.
c. 
Bicycle parking facilities shall be located on or within a concrete or similar surface and designed to support bicycles in a stable position without damage to wheels, frames, or other components.
d. 
Bicycle racks shall be securely anchored to the surface to prevent easy removal and shall be of sufficient strength to resist vandalism and theft.
e. 
New businesses with more than fifty (50) employees shall provide end of trip facilities, including showers, lockers, and bicycle parking facilities.
3. 
Bicycle Parking Requirements by Use.
Table 6. Bicycle Parking Requirements (20.28.030)
Land Use
Parking Requirement
Residential
Residential Mixed-Use Development1
1 exterior bicycle rack space per 1,500 sq. ft. of commercial floor area
1 protected bicycle space per residential unit
Multi-Family Dwelling (Apartment and condominium buildings only)1
1 protected bicycle space per unit
Commercial
Services, personal
1 bicycle rack per 1,500 sq. ft. of floor area
Offices, professional and other
1 bicycle rack per 1,500 sq. ft. of floor area
Restaurant
1 bicycle rack per 1,500 sq. ft. of floor area
Retail sales
a) Neighborhood retail
1 bicycle rack per 1,500 sq. ft. of floor area
b) Community retail
1 bicycle rack per 1,500 sq. ft. of floor area
c) Regional retail
1 bicycle rack per 1,500 sq. ft. of floor area
Notes:
1For every ten (10) bicycle spaces provided on site, the Planning and Zoning Commission may waive one (1) required off-street parking space.
4. 
Bicycle Parking Definitions.
a. 
Bicycle Parking Facility A space exclusively for the storage of bicycles. This includes bicycle racks and bicycle storage.
b. 
Bicycle Rack A stationary fixture with a base that anchors for surface mounting and must be able to accommodate at least two (2) bicycles upright by rack frame. This includes exterior bicycle parking.
c. 
Bicycle Parking Facility Location Physical space that may be located on public right or private property that is used for the placement and installation of a bicycle parking facility.
d. 
Bicycle Storage (Protected) Individually enclosed and secure space for a bicycle. This includes bicycle lockers, electronic lockers, and interior bicycle parking.
e. 
Public Bicycle Share Program A program which offers bicycles available for public use to individuals on a short-term basis. Bicycles and related kiosks are located in public areas and available to any member of the public.
f. 
Private Bicycle Share Program A program which offers bicycles available for private use as part of a business, residential mixed-use development, commercial mixed-use development, or multiple family dwelling to individuals on a short-term basis. Bicycles and related storage are located in private areas and available to individuals who are part of the business or reside on site.
g. 
Long-Term Bicycle Parking. Long-term bicycle parking shall consist of a locker, electronic locker, or interior bicycle parking facility in a secured area with controlled access where parking may exceed two (2) hours.
h. 
Short-Term Bicycle Parking. Short-term bicycle parking shall consist of a bicycle rack or racks in an easily accessible location that is intended to accommodate visitors, customers, messengers, and others expected to park not more than two (2) hours.
[Ord. No. 04-09; Ord. No. 2014-05 § 8; Ord. No. 2016-01; Ord. No. 2017-06 § 2; Ord. No. 2019-01 § 4]
It is the City's intent that all off-street parking requirements be observed to the maximum extent feasible. The City recognizes that special circumstances may exist which warrant evaluation for special consideration and possible exceptions to the strict application of the requirements. The Planning and Zoning Commission in considering a request for any exception to the parking requirements will weigh the special circumstances against the potential impacts of the exception on the health, safety and welfare of the public.
A. 
Exceptions for Residential Uses.
1. 
Minor Additions Where No New Dwelling Units Are Created. No additional parking spaces will be required for the addition of floor space which does not exceed a cumulative increase of twenty- five (25%) percent of the original floor space within all structures on the lot, provided that in no case shall more than two hundred forty (240) square feet be so exempted.
2. 
Additions Where No New Dwelling Units Are Created. Where a proposed addition to a dwelling unit increases the original floor space within all structures on a lot, as defined above in Paragraph A.1, by more than two hundred forty (240) square feet and does not create additional dwelling units, the Planning and Zoning Commission may reduce the parking requirements contained in subsection 20.28.030.A upon consideration of the existence of such circumstances as listed in Paragraphs a through e below. In granting any such reduction, the Planning and Zoning Commission shall make specific findings consistent with its consideration of these and other circumstances relating to the application.
a. 
Required spaces cannot be located in front or side yard areas.
b. 
Space is not available to provide the required parking facilities without undue hardship.
c. 
Provision of required parking spaces would be disruptive to landmark trees or would severely restrict private outdoor living space on the site.
d. 
Creation of new off-street spaces would require the elimination of an equivalent or higher number of on-street parking spaces.
e. 
The proposed reduction in parking requirements is appropriate to the total size of the dwelling unit upon completion of the proposed addition.
3. 
Two-Family Dwellings. The Planning and Zoning Commission may by Conditional Use Permit, reduce the parking requirement for the third required off-street parking space subject to a parking survey within a three hundred (300) foot radius of the subject site.
4. 
Multi-Family Dwelling. The Planning and Zoning Commission may by Conditional Use Permit, reduce the off-street parking requirements contained in subsection 20.28.030.A. In reducing on-site parking requirements, the Commission shall consider an on-site car-share service, unbundled parking, private bicycle share program, a Transportation Demand Management Plan (TDM) or a combination thereof.
5. 
Residential Mixed-Use Development. The Planning and Zoning Commission may by Conditional Use Permit, reduce the on-site parking requirements contained in subsection 20.28.030.A. In reducing on-site parking requirements, the Commission shall consider an on-site car-share service, unbundled parking, a private bicycle share program, a Transportation Demand Management Plan (TDM) or a combination thereof.
6. 
Affordable Dwelling Unit. The Planning and Zoning Commission may by Conditional Use Permit, reduce the on-site parking requirements contained in subsection 20.28.030.A. In reducing on-site parking requirements, the Commission shall consider an on-site car-share service, unbundled parking, a private bicycle share program, a Transportation Demand Management Plan (TDM) or a combination thereof.
7. 
Existing Residential Mixed Use and Commercial Mixed-Use Developments. The Planning and Zoning Commission may, by Conditional Use Permit, reduce or waive the parking requirements contained in subsection 20.28.030.A for existing residential mixed-use developments and commercial mixed-use buildings where a residential conversion is proposed.
8. 
Parking in Required Yards. The City recognizes the existence of residential properties whose historical development did not allow for present day parking requirements. The City encourages off- street parking to be located in the rear yard or side yard. In some cases the Planning and Zoning Commission, after due consideration, may find that permitting required parking in a front yard would be more in the public interest than would a reduction in the off-street parking requirement. The Planning and Zoning Commission may approve front yard parking upon making at least the following findings as appropriate to the yard area in question:
Findings:
a. 
Parking within a dwelling, a garage, carport or other structure or in the rear or side yard is not feasible or will be disruptive to landmark trees or will severely restrict private outdoor living space on the site.
b. 
The area proposed for parking in the front yard will meet the minimum standard of seven (7) feet six (6) inches in width by sixteen (16) feet in length.
c. 
The parking space is designed so that no part of any vehicle will extend beyond the property line into the public right-of-way or will come within one (1) foot of the back of the sidewalk, nor permit a parked vehicle to constitute a visual obstruction exceeding three (3) feet in height within twenty-five (25) feet of the intersection of any two (2) street lines. The Planning and Zoning Commission shall not approve a front yard parking space unless a finding is made that visual obstructions are not a significant safety hazard.
d. 
Any required off-street parking spaces which are permitted in front yard areas are designed to minimize aesthetic and noise intrusion upon any adjacent property.
9. 
Existing Garages. The Planning and Zoning Commission may find that an existing garage meets the requirements for an off-street parking space if the interior dimensions of such garage are not less than sixteen (16) feet in length, and eight (8) feet in width, for a single garage, or sixteen (16) feet in width for a double garage, and six (6) feet six (6) inches in height. The Planning and Zoning Commission may allow a local obstruction (such as a chimney, stairs or other feature) to protrude into the required parking space dimension, upon finding that such obstruction does not impede the ability to park vehicles in the garage.
10. 
Garages in Front Yards of Up-Slope Lots. Garages which are situated within required front yard areas, and are built into a slope rising above the street at a ratio of one (1) vertical to two (2) horizontal, or greater, may be maintained or rebuilt to accommodate the same number of spaces as exist, so long as the minimum dimensions stated in subsection 20.28.050.A.1 are met. Such garages may not be converted into nonparking use, and shall not be expanded outward or upward for the purpose of creating floor space for nonparking purposes, with the exception of access stairways connecting to the dwelling unit, which the garage serves.
B. 
Exceptions for Nonresidential Uses.
1. 
Existing Buildings and Land Uses. The following provisions are applicable to existing buildings and land uses only, and shall not apply where construction is proposed for vacant land or any site from which existing structures have been removed or are proposed to be removed.
a. 
Properties on which structures have been erected prior to the effective date of this subsection and which are in use on said date shall be deemed to be in compliance with the off-street parking requirements of this section for the existing use.
b. 
Properties that are not in use on the effective date of this subsection, and on which the use has not been abandoned or discontinued for a continuous period specified in subsection 20.44.040, shall be deemed to be in compliance with the off-street parking requirements of this section for the last use of the property prior to the effective date of this Section 20-28.
c. 
Any on-site parking spaces that, as of the effective date of this subsection, serve the uses referenced in Paragraphs a and b above shall be required to remain in service in order to preserve the status of compliance.
d. 
In the case of any alteration resulting in an increase of floor area, or a change of land use to a category with a greater parking space requirement, any requirement for additional parking spaces will be based solely upon the incremental change of floor area or use.
2. 
Ground Floor Retail Area.
a. 
In the case of any new construction, enlargement, or increase of capacity involving ground floor space for retail uses in the SC and SPC districts, the calculation of the off-street parking requirement shall include a reduction of the gross building floor area by up to two thousand (2,000) square feet of ground floor retail area.
b. 
No change of commercial use in the SC and SPC districts shall be required to meet the off-street parking requirements of this chapter unless the structure has been expanded to include new floor area. For the purposes of this subsection, increases in floor area necessitated to bring a change of use into compliance with American Disabilities Act (ADA) or Building Code-mandated improvements shall not be considered new floor area.
3. 
Administrative Exception. Upon the change of use of a site or existing building or structure not otherwise requiring a conditional use permit, the Planning Director may reduce the parking requirements contained in Paragraph 2.c above upon determination that such change of use will not significantly increase the demand for employee or customer parking. In no case may such reduction result in fewer parking spaces than were required for the previous use of the subject site. Such administrative approval shall be communicated to the Planning Commission.
4. 
Planning and Zoning Commission Adjustment for Shared Parking. Off-street parking facilities for one (1) use shall generally not be considered as providing required off-street parking facilities for any other use. However, off-street parking facilities for one (1) nonresidential use may be considered as providing required off-street parking facilities for other nonresidential uses on the same site or an adjacent site based upon demonstration that the peak of aggregate parking demand for the combined uses is not greater than the number of off-street parking spaces that are available to serve the combined uses. The Community Development Director may require a survey to substantiate such a request. Any adjustment made by the Planning and Zoning Commission shall be limited to a reduction of a maximum of twenty-five (25%) percent of the requirement, and will be considered through a major use permit process. The recordation of a written agreement among the parties participating in the sharing arrangement shall be a condition of the use permit.
5. 
Planning and Zoning Commission Adjustment. The Commission may, through a major use permit process, adjust the parking requirements contained in subsection 20.28.030.B for any nonresidential use in an existing building over 2,000 square feet. In granting an adjustment the Commission shall make the following findings:
a. 
On the basis of a survey of comparable situations, parking demand for the proposed use or uses will be less than the required number of spaces.
b. 
The probable long-term occupancy of the property or structure, based on the project design, will not generate substantial additional parking demand.
c. 
Based on a current survey of parking space availability and usage within a five hundred (500) foot walking distance of the boundary of the site of the subject building, a reduction of the parking requirement will not have a substantial effect on the parking available for neighboring uses.
6. 
Commercial Infill Adjustment for Buildings 2,000 sq. ft. or less in area. For a commercial use with a maximum gross floor area of 2,000 square feet or less in an existing building, the Community Development Director may, through a minor use permit process, adjust the parking requirements contained in subsection 20.28.030.B or allow off-site parking.
7. 
Blended Commercial Parking Rates in the SC District. Notwithstanding the parking requirements contained in subsection 20.28.030.B, commercial use classifications in the SC Districts shall be subject to the following parking standards:
a. 
Restaurants: Restaurant uses shall have a minimum parking requirement of 1 space per 200 square feet of gross floor area.
b. 
General Standard: The district minimum parking requirement for all other commercial uses is 1 space per 400 square feet of gross floor area.
C. 
Exceptions for Nonresidential Uses in a Residential Mixed-Use Development. Where both residential and nonresidential uses are proposed to be combined in a single development project, the Planning and Zoning Commission, through the major use permit process, may adjust the amount of off-street parking required for the nonresidential portions of the project, so long as the requirements of subsection 20.28.030.A for residential use are met. In granting any such adjustment, the Commission shall make the following findings:
Findings:
1. 
The aggregate amount of parking provided on site, or otherwise made available meets the anticipated demands of all users of the project, considering hours of usage and other demand factors.
2. 
A minimum of one (1) parking space is available for the exclusive, full-time (twenty-four (24) hour) use of occupants of each residential unit.
3. 
Except as provided in Paragraph 2 preceding, spaces are not designated for exclusive use of any residential or nonresidential owner or tenant.
4. 
Sufficient legal agreements are or will be in effect to assure continuing management of parking facilities as a single entity, with assurances as to accessibility by legitimate users of the mixed-use project.
D. 
City Council Authorized to Modify Measure D Parking Requirements. After following the normal procedures for amending City Zoning Ordinances, including compliance with the California Environmental Quality Act and conducting duly noticed public hearings before the Planning and Zoning Commission and City Council, the City Council may amend the residential parking requirements established by Measure D (enacted by the Albany voters on November 7, 1978). Such amendments may include, but are not limited to, modifications to the number of parking spaces required per dwelling unit for residential uses in residential districts, as well as the provisions of Measure D which allow the Planning Commission to reduce these residential parking requirements by Conditional Use Permit upon making specified findings. This provision is not intended to limit in any way the authority and discretion which the City Council currently possesses to adopt Zoning Ordinance amendments.
Editor's Note: Ordinance 2016-01 was adopted by the voters at the General Election of November 8, 2016 and became effective by adoption of a resolution of the City Council December 5, 2016.
[Ord. No. 04-09; Ord. No. 09-011 § 20; Ord. No. 2014-05 § 9; Ord. No. 2017-06 § 2]
A. 
Dimensional Standards.
1. 
Single-Family Residential Uses:
a. 
Enclosed Parking. The minimum dimensions for an enclosed single-car garage meeting the parking requirements for a newly constructed single-family dwelling shall be eight (8) feet six (6) inches in width, nineteen (19) feet in length, and seven (7) feet in height. The minimum width dimension of a double-car enclosed parking space shall be sixteen (16) feet. All minimum width dimensions shall be increased by an additional one (1) foot of width adjacent to each wall or other fixed obstruction that abuts the long dimension of the parking space.
b. 
Covered Parking. The minimum dimensions for a single-car covered parking space meeting the parking requirements for a newly-constructed single-family dwelling shall be eight (8) feet six (6) inches in width, eighteen (18) feet in length, and seven (7) feet in height. The minimum width dimension for a double-car covered parking space shall be sixteen (16) feet. All minimum width dimensions shall be increased by an additional one (1) foot of width adjacent to each wall, fence, property line or other fixed obstruction that restricts access abutting the long dimension of the parking space.
c. 
Open Parking. The minimum dimensions for an open parking space meeting the parking requirements for a newly constructed single-family dwelling shall be eight (8) feet six (6) inches in width and eighteen (18) feet in length. The minimum width dimension for a double-car open parking space shall be sixteen (16) feet.
d. 
Open or Covered Parking (Pre-1978). Where warranted by spatial limitations, the Planning and Zoning Commission may permit an open or covered parking space measuring no less than seven (7) feet six (6) inches wide, by sixteen (16) feet long, to meet off-street parking requirements. The Commission may permit a minimum width dimension for a double-car open or covered parking space to be fourteen (14) feet. All minimum width dimensions shall be increased by one (1) foot of width adjacent to each wall, fence, property line or other fixed obstruction that restricts access abutting the long dimension of the parking space.
e. 
The minimum width of a driveway providing access to a required parking space shall be seven (7) feet.
Table 6. Residential Parking Dimensions (20.28.050)
Type of Parking
Width
Length
Height
Enclosed Parking:
Single space
8'6"
19'
7'
Side-by-side spaces
16'
19'
7'
Covered Parking:
Single space
8'6"
18'
7'
Side-by-side spaces
16'
18'
7'
Open Parking:
Single space
8'6"
18'
N/A
Side-by-side spaces
16'
18'
N/A
Driveways
Single
7'
N/A
N/A
Double
15'
N/A
N/A
2. 
Multifamily and Nonresidential Uses:
a. 
Standard Space Requirements. The minimum off-street parking dimensions shall be as prescribed below. The Commission may make adjustments to the standards in specific cases, after considering the circumstances of a particular parking plan, land use, or site characteristics.
Table 7. Dimensions of Standard Parking Spaces (20.28.050)
AISLE WIDTH
ANGLE
STALL WIDTH
STALL LENGTH
ONE-WAY
TWO-WAY
Parallel
8'6"*
23'
12'
20'
30°
8'6"
17'6"
11'
20'
45°
8'6"
20'
13'6"
20'
60°
8'6"
22'
18'6"
20'
Perpendicular
8'6"*
20'
25'
25'
*One (1) additional foot shall be provided on each side abutting any wall, fence, property line, or other fixed obstruction that restricts vehicle access.
b. 
Compact Space Requirements. A maximum of twenty-five (25%) percent of the required parking spaces in parking lots of five (5) or more spaces may be devoted to compact car spaces. All compact car spaces shall be clearly marked for "compact cars." Compact spaces shall be designed according to the following schedule:
Table 8. Dimensions of Compact Parking Spaces (20.28.050)
ANGLE
STALL WIDTH
STALL LENGTH
Parallel
7 ft. 6 in.*
20 ft.
45 Degrees
8 ft. 6 in.
16 ft.
60 Degrees
8 ft. 6 in.
17 ft.
Perpendicular
8 ft. 6 in.*
16 ft.
*One (1) additional foot shall be provided on each side abutting any wall, fence, property line, or other fixed obstruction that restricts vehicle access.
Guide to Dimensional Requirements (Standard Spaced):
020 guide dimen req.tif
B. 
Design Standards. Standards for off-street parking facilities areas shall include:
1. 
Lighting. Lighting shall be deflected away from residential sites public and private view so as to cause no annoying glare.
2. 
Bumpers. Bumpers, posts, wheel stops or other acceptable devices shall be provided on all parking spaces located along property lines.
3. 
Tandem Parking.
a. 
Except as specified in Paragraph b and c below, each parking space shall have unobstructed access from a street or from an aisle or drive connecting with a street without requiring moving another vehicle.
b. 
Required parking spaces for any dwelling unit, including a secondary residential unit, may be arranged in tandem.
c. 
On sites containing only professional offices occupying no more than two thousand five hundred (2,500) square feet of net floor area, with no other uses on the site, the Planning and Zoning Commission may permit tandem parking with the following findings:
Findings:
(1) 
The size or configuration of the site prevents a conventional arrangement of parking spaces.
(2) 
The nature of the office use indicates a limited demand for client or visitor parking.
(3) 
Spaces without direct access to a street are reserved for persons employed on the site.
4. 
Entrances and Exits. Entrances from and exits to streets shall be provided at locations approved by the Director of Public Works.
5. 
Parking Surface. In parking lots the parking area, aisles and access drives shall be paved so as to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water without damage to private or public properties, streets, or alleys, or drainage across sidewalks.
6. 
Screening and Landscaping. See subsection 20.24.110.F for requirements for screening and landscaping of parking areas.
7. 
Nonresidential Parking Facilities in Residential Districts. Where parking facilities serving nonresidential uses are allowed by use permit in residential districts, the following additional standards shall apply:
a. 
Access. The parking facility shall be accessed only by way of the contiguous commercial district only. Direct access to a street from property in the residential district shall be limited to emergency vehicles only.
b. 
Setbacks. Parking facilities, including surface paving and any structures, shall comply with required setbacks for the residential district, except that the setback from the property line contiguous to the commercial district may be waived.
[Ord. No. 04-09; Ord. No. 2017-06 § 2]
A. 
Purpose. These regulations are intended to provide off-street loading facilities, to discourage on-street loading and to prevent traffic congestion and a shortage of curb spaces.
B. 
General Provisions.
1. 
When any structure is constructed, enlarged or increased in capacity, or when a change in use creates an increase in the amount of off-street loading space required, the requirements of this subsection shall be followed.
2. 
No portion of any required front or side yard shall be used for off-street loading purposes.
3. 
No area may be utilized and counted both as a required parking space and a required loading berth, except with approval of the Community Development Director based on consideration of patterns of usage for parking and loading.
4. 
Requirements for uses not specifically listed herein shall be based upon the requirements for comparable uses listed and upon the particular characteristics of the use as determined by the Planning and Zoning Commission.
5. 
No repair work or servicing of vehicles shall be conducted in the loading area.
6. 
Signs related to off-street loading shall be pursuant to Section 20.32.
[Ord. No. 04-09; Ord. No. 2017-06 § 2]
Off-street loading facilities shall be provided as follows:
Table 9. Loading Space Requirements (20.28.070)
USE
NUMBER OF LOADING SPACES
Multi-tenant Shopping Center
One (1) loading space for each 15,000 square feet of gross floor area.
Commercial, other
As determined by the Planning and Zoning Commission using the following criteria: type of business, frequency of deliveries, typical size of delivery vehicle, and space available.
Industrial:
Up to 5,000 sq. ft. of gross floor area (GFA)
0 spaces
5,001 - 9,999 sq. ft. GFA
1 space
10,000 – 19,999 sq. ft. GFA
2 spaces
20,000 or more
3 spaces plus 1 additional space per 10,000 s.f. (GFA)
[Ord. No. 04-09; Ord. No. 2017-06 § 2]
A. 
Dimensional Standards. All off-street loading facilities shall comply with the following minimum dimensions, except that these dimensions may be reduced by the Planning and Zoning Commission based on the type of vehicle to be accommodated.
Table 10. Loading Space Dimensions (20.28.080)
USE
SPACE WIDTH
SPACE LENGTH
SPACE HEIGHT
Shopping Center and Industrial
12'
45'
14'
Commercial
12'
25'
14'
B. 
Design Standards. Standards for off-street loading areas shall include:
1. 
Lighting. Lighting shall be deflected away from residential uses so as to cause no annoying glare.
2. 
Access Drives. Entrances from and exits to streets shall be provided at locations approved by the Community Development Director.
3. 
Loading Surface. Loading areas and access drives shall be paved so as to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water without damage to private or public properties or streets.
4. 
Turning and Maneuvering. Sufficient room for turning and maneuvering vehicles shall be provided on the site without infringing on off-street parking spaces.
5. 
Bumper Rails. These shall be provided where necessary for safety or to protect property, in accordance with standards prescribed by the Community Development Director.
6. 
Screening/Landscaping. (See subsection 20.24.110.G for requirements for screening and landscaping of loading areas.)
[3-2-2020 by Ord. No. 2020-01[1]]
[1]
Editor's Note: This ordinance also provided for the repeal of former § 20.32, Signs, adopted by Ord. No. 78-07, as amended.
This section creates a comprehensive and balanced system of sign regulation in the City of Albany which will facilitate communication by sign and simultaneously serve public interests, including, but not limited to, the following:
A. 
Free Speech. To accommodate and encourage the right of free speech by sign display, while balancing this right against other public interests.
B. 
Public Health and Welfare. To serve the public health, safety, and welfare through appropriate prohibitions, regulations, and controls on the design, location, and maintenance of signs.
C. 
General Plan. To implement the sign-related goals, purposes and strategies of the City's general plan.
D. 
Regulation System. To establish a comprehensive and reasonable system for regulating signs integrated within the Zoning Code.
E. 
Notice. To provide public notice of rights and responsibilities related to sign display.
F. 
Equal Rights. To ensure that similarly situated persons have equal rights and responsibilities regarding sign display.
G. 
Community Aesthetics. To serve the aesthetic interests of the City by minimizing visual clutter which can be caused by excessive signs.
H. 
Visibility. To relate sign area and height to viewing distance and optical characteristics of the eye.
I. 
Safety. T