[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; amended 9-6-2022 by Ord. No. 2022-03]
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
|
Professional Overlay District
|
P
|
20.12.080.B.4
|
Watercourse Overlay District
|
WC
|
20.12.080.B.5
|
Planned Residential Overlay District
|
PR
|
A summary of the permitted and conditionally permitted uses in each Zoning District is presented in subsection 20.12.040, Table 1, Permitted Land Uses by District.
[Ord. No. 04-09]
This subsection consists of the Zoning Map of the City, which map may be amended in whole or in part in accordance with the zoning amendment procedure set forth in subsection 20.100.070 of this chapter.
A.
Location and Boundaries of Zoning Districts. The designation, location
and boundaries of the aforesaid zones shall be delineated on the Zoning
Map of the City.
B.
Boundaries. Wherever any uncertainty exists as to the boundary of
any district as shown on the Zoning Map, the following regulations
shall control:
1.
Where a boundary line is indicated as following a street or
alley, it shall be construed as following the centerline thereof.
2.
Where a boundary line is indicated as approximately following
a lot line, the lot line shall be construed to be the boundary.
3.
Where a boundary line crosses property under one (1) ownership,
the boundary line shall be determined by the use of the scale designated
on the map.
4.
Where further uncertainty exists, the Planning and Zoning Commission, upon written application or on its own motion, shall determine the location of the boundary in question, giving due consideration to the location indicated on the Zoning Map and the purposes of this chapter as stated in subsection 20.04.030.
C.
Zoning Map Amendments.
1.
Ordinance No. 06-014.[1]
a.
Change from "R-3" Residential High Density, to "R-2" Residential
Medium Density:
(1)
All properties fronting on the east side of Kains
Avenue, extending from Brighton Avenue on the north to the south city
limit; plus certain adjacent properties fronting on Brighton, Garfield,
Washington, Portland and Marin Avenues and Dartmouth Street that are
currently within the same zoning district as the Kains properties.
(Properties that front on Solano Avenue, which are zoned for commercial
use, are not included.)
(2)
All properties fronting on the west side of Adams
Street, extending from the southern boundary of the Orientation Center
for the Blind on the north to Buchanan Street on the south; plus certain
adjacent properties fronting on Clay Street that are currently within
the same zoning district as the Adams properties. (Properties that
front on Solano Avenue, which are zoned for commercial use, are not
included.)
(3)
Change from "R-4," Residential Towers, to a new
"R-3-PR," Residential High Density combined with the Planned Residential
Overlay District for the purpose of avoiding nonconformity on account
of existing building height: All properties located at 535 and 545
Pierce Street, (Bayside Commons and Bridgewater) including all condominium
units and common areas. (This change of zoning does not involve the
property at 555 Pierce Street, which will remain "R-4 Residential
Towers.")
[1]
Editor's Note: Ordinance No. 06-014 referred to Exhibit A
illustrating these zoning amendments, which was not provided with
this ordinance.
2.
Ordinance
No. 2011-07:
a.
"Medium Density Residential" (R-2) to "San Pablo Commercial" (SPC)
zoning designation with the addition of the "University Village/San
Pablo Avenue Overlay District" based on substantial evidence contained
in the administrative record.
[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; amended 6-1-2020 by Ord. No. 2020-04; 9-6-2022 by Ord. No. 2022-03]
TABLE 1 - PERMITTED LAND USES BY DISTRICT (20.12.040)
| ||||||||||
---|---|---|---|---|---|---|---|---|---|---|
Key to Table:
P = Permitted
UP = Use Permit Required
UP-M = Minor Use Permit Required16,17
- = Not Permitted
Limits on authority for UP-M are indicated by * and **16
| ||||||||||
Land Use1
|
R-1
|
R-2
|
R-3
|
R-4
|
RHD
|
SC
|
SPC
|
CMX
|
PF
|
WF11
|
Residential
| ||||||||||
Single-family dwelling
|
P
|
P
|
P
|
-
|
P
|
P2
|
-
|
-
|
-
|
-
|
Two-family dwellings
|
-
|
P
|
P
|
-
|
UP
|
P2
|
-
|
-
|
-
|
-
|
Multifamily dwellings
|
-
|
P
|
P
|
UP
|
UP
|
P2
|
P3
|
-
|
-
|
-
|
Live/work space
|
-
|
-
|
-
|
-
|
-
|
P2
|
UP
|
UP-M**
|
-
|
-
|
Rooming or boarding house
|
-
|
-
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
Shared housing
|
P25
|
P3
| ||||||||
Bed-and-breakfast
|
UP
|
UP
|
UP
|
-
|
UP
|
-
|
-
|
-
|
-
|
-
|
Care facility, residential
| ||||||||||
a) Small
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
-
|
-
|
-
|
b) Large
|
UP
|
UP
|
UP
|
UP
|
UP
|
UP4
|
UP4
|
-
|
-
|
-
|
Day-care home, residential
| ||||||||||
a) Small family
|
P
|
P
|
P
|
P
|
P
|
-
|
-
|
-
|
-
|
-
|
b) Large family19
|
UP-M
|
UP-M
|
UP-M
|
UP-M
|
UP-M
|
-
|
-
|
-
|
-
|
-
|
Accessory dwelling unit
|
P
|
P
|
P
|
P
|
P
|
P2
|
P3
|
-
|
-
|
-
|
Transitional housing
|
P
|
P
|
P
|
UP
|
P21
|
P2
|
P3
| |||
Supportive housing
|
P
|
P
|
P
|
UP
|
P21
|
P2
|
P3
| |||
Public and Quasi-Public
| ||||||||||
Community assembly
|
-
|
UP
|
UP
|
-
|
-
|
UP
|
UP
|
-
|
UP
|
-
|
Clubs and lodges
|
-
|
UP
|
UP
|
-
|
-
|
UP
|
UP
|
UP
|
UP
|
-
|
Cultural activities/institutions
|
-
|
UP
|
UP
|
-
|
-
|
UP
|
UP
|
UP
|
UP
|
-
|
Day-care center (non-family)
|
UP
|
UP
|
UP
|
UP
|
UP
|
UP
|
UP
|
UP-M*
|
UP
|
-
|
Emergency shelter
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
P
|
-
|
-
|
Hospitals and clinics
|
-
|
UP
|
UP
|
-
|
-
|
UP
|
UP
|
UP
|
UP
|
-
|
Medical marijuana dispensary
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
Park and recreation facilities
|
UP
|
UP
|
UP
|
UP
|
UP
|
UP
|
UP
|
UP
|
P
|
UP
|
Public admin. offices/facilities
|
-
|
-
|
-
|
-
|
-
|
P
|
P
|
UP
|
P
|
-
|
Public maintenance facilities
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
UP
|
UP
|
-
|
Religious institutions
|
UP
|
UP
|
UP
|
-
|
-
|
UP
|
UP
|
-
|
-
|
-
|
Schools, public or private
|
UP5
|
UP5
|
UP5
|
-
|
-
|
UP5
|
UP5
|
UP5
|
UP5
|
-
|
Single room occupancy residential hotel
|
-
|
-
|
-
|
-
|
-
|
-
|
UP
|
-
|
-
|
-
|
Social service facilities
|
-
|
-
|
-
|
-
|
-
|
UP
|
UP
|
UP
|
-
|
-
|
U.S. Post Office
|
-
|
-
|
-
|
-
|
-
|
P
|
P
|
UP
|
-
|
-
|
Utilities
| ||||||||||
Major
|
-
|
UP5
|
UP5
|
UP5
|
UP5
|
UP5
|
UP5
|
UP5
|
UP5
|
UP5
|
Minor
|
UP5
|
UP5
|
UP5
|
UP5
|
UP5
|
P
|
P
|
P
|
P
|
UP5
|
Underground
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
UP5
|
Commercial
| ||||||||||
Adult entertainment establishment
|
-
|
-
|
-
|
-
|
-
|
-
|
UP15
|
UP
|
-
|
-
|
Animal sales and services
| ||||||||||
a) Animal boarding
|
-
|
-
|
-
|
-
|
-
|
UP
|
UP-M15
|
UP-M
|
-
|
-
|
b) Animal grooming
|
-
|
-
|
-
|
-
|
-
|
P
|
P15
|
UP-M
|
-
|
-
|
c) Animal hospitals
|
-
|
-
|
-
|
-
|
-
|
P
|
P15
|
UP-M
|
-
|
-
|
d) Animal sales
|
-
|
-
|
-
|
-
|
-
|
P
|
P15
|
UP-M
|
-
|
-
|
Automobile/vehicle sales and services
| ||||||||||
a) Automobile/vehicle/equipment sales and/or rental
|
-
|
-
|
-
|
-
|
-
|
-
|
UP15
|
UP-M*
|
-
|
-
|
b) Automobile service station (including fueling
station)
|
-
|
-
|
-
|
-
|
-
|
-
|
UP15
|
UP-M
|
-
|
-
|
c) Automobile/vehicle/equipment repair
|
-
|
-
|
-
|
-
|
-
|
-
|
UP15
|
UP-M
|
-
|
-
|
d) Automobile washing
|
-
|
-
|
-
|
-
|
-
|
-
|
UP15
|
UP-M
|
-
|
-
|
Bars
|
-
|
-
|
-
|
-
|
-
|
UP
|
UP15
|
UP
|
-
|
UP
|
Building materials sales and service
| ||||||||||
a) Within an enclosed building
|
-
|
-
|
-
|
-
|
-
|
-
|
UP-M*15
|
UP-M*
|
-
|
-
|
b) Open storage area
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
UP6
|
-
|
-
|
Commercial recreation/entertainment
|
-
|
-
|
-
|
-
|
-
|
UP7
|
UP15
|
UP-M*
|
-
|
-
|
Commercial recreation/entertainment in Waterfront District
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
UP
|
Communication facilities
|
-
|
-
|
-
|
-
|
-
|
UP
|
UP15
|
UP
|
-
|
-
|
Construction services (contractors)
|
-
|
-
|
-
|
-
|
-
|
-
|
UP6, 15
|
UP6
|
-
|
-
|
Custom manufacturing
|
UP-M
|
P15, 22
|
UP-M*
| |||||||
Dry cleaner (retail)
|
-
|
-
|
-
|
-
|
-
|
P
|
P15
|
UP-M
|
-
|
-
|
Financial institutions
|
-
|
-
|
-
|
-
|
-
|
P
|
P15
|
UP-M
|
-
|
-
|
Funeral and interment services
|
-
|
-
|
-
|
-
|
-
|
-
|
UP15
|
UP
|
-
|
-
|
Food and beverage preparation
|
P
|
P15, 22
|
UP-M*
| |||||||
Gyms and health clubs
|
-
|
-
|
-
|
-
|
-
|
UP-M
|
P15
|
UP-M*
|
-
|
-
|
Hotels and motels
|
-
|
-
|
-
|
-
|
-
|
UP8
|
UP15
|
UP
|
-
|
-
|
Laboratory, limited
|
-
|
-
|
-
|
-
|
-
|
-
|
UP15
|
UP-M
|
-
|
-
|
Laundry, large-scale
|
-
|
-
|
-
|
-
|
-
|
-
|
UP15
|
UP-M*
|
-
|
-
|
Laundry, self-service
|
-
|
-
|
-
|
-
|
-
|
P
|
P15
|
UP-M
|
-
|
-
|
Liquor store
|
-
|
-
|
-
|
-
|
-
|
UP
|
UP15
|
UP
|
-
|
-
|
Offices, general
|
-
|
-
|
-
|
-
|
-
|
P23
|
P15
|
UP-M*
|
-
|
-
|
Offices, professional
|
P24
|
P15
|
UP-M*
| |||||||
Marinas and boat launching ramps
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
UP
|
Parking facility, nonresidential
|
UP9
|
UP9
|
UP9
|
UP9
|
-
|
UP
|
UP-M15
|
UP-M
|
-
|
UP
|
Pawn shops
|
-
|
-
|
-
|
-
|
-
|
-
|
UP15
|
UP
|
-
|
-
|
Printing (retail)
|
-
|
-
|
-
|
-
|
-
|
P
|
P15
|
UP-M
|
-
|
-
|
Printing (industrial)
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
UP
|
-
|
-
|
Repair services (non-auto)
|
-
|
-
|
-
|
-
|
-
|
P
|
P15
|
UP-M
|
-
|
-
|
Research and development (commercial)
|
-
|
-
|
-
|
-
|
-
|
UP
|
UP15
|
UP-M*
|
-
|
-
|
Research and development (educational)
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
UP-M*
|
UP10
|
-
|
Restaurant
|
-
|
-
|
-
|
-
|
-
|
P12, 13
|
P12, 13, 15
|
UP-M12, 13
|
-
|
UP12, 13
|
a) With live entertainment
|
-
|
-
|
-
|
-
|
-
|
UP12, 13
|
UP12, 13, 15
|
UP12, 13
|
-
|
-
|
b.1.) With take-out (walk-up)
|
-
|
-
|
-
|
-
|
-
|
P12, 13
|
P12, 13, 15
|
UP-M12, 13
|
-
|
-
|
b.2.) With take-out (drive- through)
|
-
|
-
|
-
|
-
|
-
|
-
|
UP12, 13, 15
|
UP12, 13
|
-
|
-
|
Retail, food and beverage sales
|
-
|
-
|
-
|
-
|
-
|
P
|
P15
|
UP-M*
|
-
|
-
|
Retail nurseries and garden supplies
|
-
|
-
|
-
|
-
|
-
|
P
|
P15
|
UP-M*
|
-
|
-
|
Retail sales
| ||||||||||
a) Neighborhood retail
|
-
|
-
|
-
|
UP18
|
-
|
P
|
P15
|
UP-M*
|
-
|
-
|
b) Community retail
|
-
|
-
|
-
|
-
|
-
|
UP-M*
|
P15
|
UP-M*
|
-
|
-
|
c) Regional retail
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
UP-M*
|
-
|
-
|
Services, ambulance
|
-
|
-
|
-
|
-
|
-
|
-
|
P15
|
UP-M
|
-
|
-
|
Services, business
|
-
|
-
|
-
|
-
|
-
|
P
|
P15
|
UP-M
|
-
|
-
|
Services, catering
|
-
|
-
|
-
|
-
|
-
|
UP
|
P15
|
UP-M
|
-
|
-
|
Services, instructional
|
-
|
-
|
-
|
-
|
-
|
P14
|
P14. 15
|
UP-M
|
-
|
-
|
Services, massage
|
-
|
-
|
-
|
-
|
-
|
UP
|
UP15
|
UP-M
|
-
|
-
|
Services, tattoo parlors
|
UP
|
UP15
|
UP
| |||||||
Services, personal
|
-
|
-
|
-
|
-
|
-
|
P
|
P15
|
UP-M
|
-
|
-
|
Significant20 tobacco retailer
|
-
|
-
|
-
|
-
|
-
|
UP
|
UP15
|
UP
|
-
|
-
|
Tutoring/lessons
|
P
|
P15
|
UP
| |||||||
Waterfront and waterfront-sports-related commercial sales and
service
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
UP
|
Industrial
| ||||||||||
Industry, limited
|
-
|
-
|
-
|
-
|
-
|
UP
|
-
|
-
| ||
Industry, general
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
UP
|
-
|
-
|
Truck terminal
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
UP
|
-
|
-
|
Warehousing and storage
| ||||||||||
a) Indoor
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
UP
|
-
|
-
|
b) Outdoor
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
UP
|
-
|
-
|
Wholesaling and distribution
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
UP
|
-
|
-
|
NOTES, TABLE 1:
|
1. All construction may be subject to design review and development
standards.
|
2. Use permit is required if located on the ground floor; on
the 2nd floor or above, the use is permitted. Off-street parking in
support of residential use is not permitted to occupy ground floor
building frontage along Solano Avenue.
|
3. Ground-floor building frontage along San Pablo Avenue is
reserved for commercial activity, except for any necessary access
to residential facilities; residential use is permitted elsewhere
on the ground floor, and above the ground floor. Commercial activities
are not permitted along the Kains Avenue or Adams Street frontages.
Residential projects with 100% below-market rate units, excluding
the manager's unit, are exempt from this provision. However, individual
dwelling units may not be located along the ground-floor building
frontage along San Pablo or Solano Avenue; shared lobby entrances
are permitted. Off-street parking in support of residential use is
not permitted to occupy building frontage along San Pablo Avenue,
except for interior lots where access is only available on San Pablo
Avenue.
|
4. Not permitted on ground floor.
|
5. Except where preempted by state or federal law.
|
6. Projects may be subject to screening requirements.
|
7. Limited to uses within a building, not to exceed 5,000 square
feet.
|
8. If 10 or fewer hotel/motel rooms; otherwise not allowed.
|
9. Requires use permit in residential zoning districts on sites that abut commercial zoning districts; otherwise not allowed in residential zoning districts. Parking facilities shall be designed to meet all applicable screening and landscape standards stated in Subsection 20.24.110. See Subsection 20.28.050.B for additional design standards for parking facilities.
|
10. If governmental- or educational-related. Otherwise, not
allowed in public facilities zoning district.
|
11. Waterfront - List of uses is intended to remain unchanged
from those uses authorized by the Zoning Ordinance for the Waterfront
District as of the effective date of Measure "C".[1]
|
12. A supplemental business license may be required where alcohol
is consumed.
|
13. See Section 20.20.070.B.1 for permit requirements for alcoholic
beverages.
|
14. A use permit will be required if the proposed use has a
potentially significant impact upon surrounding development in terms
of light, glare, noise, odor, parking, traffic, or hazardous materials,
as determined by the Community Development Director.
|
15. Except for Home Occupations pursuant to Subsection 20.20.040, on site identified as opportunity sites in the Housing Element, these uses are permitted on the ground-floor only. Additionally, new projects on lots that total 20,000 sq. ft. or greater shall provided ground-floor commercial uses of at least 8,000 sq. ft. and at least 50-foot depths. Reductions in this floor area requirement and depth may be permitted subject to approval of a Conditional Use Permit by the Planning & Zoning Commission.
|
16. See Subsection 20.100.030 for description of distinctions between major and minor use permits. Authority to grant minor use permits is limited to maximum 2500 square feet (nonresidential), or 6 dwelling units (residential), unless marked with asterisk(s): * = maximum 5,000 square feet; ** = maximum 10 dwelling units. A major use permit is required for any project that exceeds these thresholds.
|
17. References to "use permit" shall be presumed to mean "major"
use permit unless otherwise noted.
|
18. Limited to serving the convenience of the residential development
in the R-4 District.
|
19. Refer to Section 20.20.020.B.2.d. for special process of
notice and hearing.
|
20. Refer to Section 20.20.120 for location and operation standards.
|
21. Permitted if in a single-family dwelling but requires a
conditional use permit if located in a two-family or multifamily dwelling.
|
22. Retail area shall comprise at least the first 15 feet of
the public street-facing depth (only the primary commercial corridor
on corner lots).
|
23. Minor use permit required on the ground floor; windows shall
be located to front the primary commercial corridor.
|
24. Major use permit required on the ground floor; windows shall
be located to front the primary commercial corridor.
|
25. Use permitted within San Pablo Avenue Specific Plan planning
area.
|
[1]
Editor's Note: Measure C can be found in Appendix B 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; amended 9-6-2022 by Ord. No. 2022-03; 12-4-2023 by Ord. No. 2023-06]
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, residential, 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 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; amended 9-6-2022 by Ord. No. 2022-03]
A.
General Purposes of Overlay Districts. Overlay districts are zoning
districts established by the City to carry out specific purposes.
Purposes may include objectives such as protection of watercourses
or hillside sites, or permitting particular land uses under controlled
circumstances. In fulfilling the purposes of any overlay district
the City may apply a set of regulations that will be applicable in
addition to the regulations for the base zoning district. Overlay
districts may be established by the City without being actually delineated
on the Zoning Map.
B.
Specific Purposes of Individual Overlay Districts.
1.
Hillside Overlay District (:H): The Hillside Overlay District
is intended to be applied in those portions of Albany Hill which are
substantially developed with residential uses. The purpose of this
District is to apply specific height regulations appropriate to the
topographic characteristics of Albany Hill and to permit variations
in required yards where appropriate.
2.
Commercial Node Overlay District (:CN): The Commercial Node
Overlay District is intended to be applied to limited areas for the
purposes of:
a.
Intensifying retail, commercial and residential mixed use activities
around major intersections;
b.
Reinforcing existing and developing concentrations of pedestrian-oriented
uses;
c.
Defining the major commercial areas in Albany through distinctive
design standards for specific locations; and
d.
Within the San Pablo Avenue Specific Plan planning area, encouraging
placemaking through compliance with the San Pablo Avenue Design Guidelines
and Objective Design Standards.
3.
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.
4.
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:
5.
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.