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.
[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 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.
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A clinic licensed pursuant to Chapter 1, Division 2 of the Health and Safety Code;
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2.
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A health care facility licensed pursuant to Chapter 3.01 of
Division 2 of the Health and Safety Code;
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3.
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A residential care facility for persons with chronic life-threatening
illnesses licensed pursuant to Chapter 3.01 of Division 2 of the Health
and Safety Code;
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4.
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A residential care facility for the elderly licensed pursuant
to Chapter 3.2 of Division 2 of the Health and Safety Code;
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5.
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A residential hospice or a health home agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as such use complies strictly with applicable law, including but not limited to, Health and Safety Code Section 11362.5 et seq.
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- 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.
- 1)
- 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.
[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.
[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:
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:
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]
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.
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.
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:
- 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:
- 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:
(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.
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.
[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.
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:
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.
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.
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.
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.
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:
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:
[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.
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.
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.
[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.
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.
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.
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.
[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).
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.
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:
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:
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.
|
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:
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.