City of Albany, CA § 20.24 DEVELOPMENT REGULATIONS

§ 20.24.010 Purpose.

[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.

§ 20.24.020 Tables of Site Regulations by Districts.

[Ord. No. 04-09; Ord. No. 09-011 §§ 6—9; Ord. No. 2014-11 § 5; amended 3-18-2019 by Ord. No. 2019-03; 9-6-2022 by Ord. No. 2022-03]

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(20)	R-4(1)	RHD(2)
Maximum Density (dwelling units/acre)	12 (3)(10)	35	63(21)	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) 1.50/2.0(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) 50/35/28(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. As an incentive for lot consolidation, FAR may be increased to 2.0 within the San Pablo Avenue Specific Plan planning area on through-lots extending to San Pablo Avenue.

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 within the San Pablo Avenue Specific Plan planning area on through-lots extending to San Pablo Avenue, maximum building height is 50 feet and five stories, as an incentive for lot consolidation. 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.), except within the San Pablo Avenue Specific Plan planning area on through-lots extending to San Pablo Avenue, where stepbacks are required pursuant to Subsection 20.24.070.C.

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. Except within the San Pablo Avenue Specific Plan planning area, where no additional setback shall apply.

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.

20. Projects in the San Pablo Avenue Specific Plan planning area shall also meet relevant regulations in the SanPablo Avenue Design Guidelines and Objective Design Standards, and required community benefits (Subsection 20.24.190), which may be updated from time to time.

21. The San Pablo Avenue Specific Plan Planning area has no maximum residential density standard.

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(13)	CMX	WF(1)	PF(1)
Residential Density (dwelling units/acre where residential development is proposed)	Minimum 20 Maximum 63	Minimum 30 Maximum N/A	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	4.0/4.5(11)	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(12)	1.25	4.0/4.5(11)	N/A	N/A	N/A
Live/work space	N/A	4.0/4.5(11)	(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	68/85(4, 11)	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. See Subsection 20.24.070C for upper story stepback requirements. No projections shall be allowed in the area between the stepback and rear property line.

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.

11. Up to 4.5 FAR and 85 feet building height permitted in the northern node, as depicted in the San Pablo Avenue Specific Plan Zoning District & Overlays map (Figure 2-2), in exchange for providing San Pablo Avenue Specific Plan community benefits (Subsection 20.24.190).

12. Permitted for projects in which 100% of the units are affordable up to 120% of Area Median Income, with the exception of building manager's unit.

13. Projects in the San Pablo Avenue Specific Plan planning area shall also meet relevant regulations in the San Pablo Avenue Design Guidelines and Objective Design Standards, and required community benefits, pursuant to Subsection 20.24.190, which may be updated from time to time.

§ 20.24.030 Overlay District Regulations.

[Ord. No. 04-09; Ord. No. 06-014 § 6; amended 9-6-2022 by Ord. No. 2022-03]

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 a Commercial Node Overlay District, except within the San Pablo Avenue Specific Plan planning area, 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. 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.

E. Watercourse Overlay District (:WC).

1. Structures shall not be located closer then twenty (20) feet from the top of the natural creek bank. This requirement may be reduced upon the granting of a use permit pursuant to the procedures in subsection 20.100.030.

2. In granting a use permit in the WC District, the Planning and Zoning Commission shall consider requiring measures to preserve and restore the creek area, especially for multifamily dwellings, and commercial and industrial development; the Commission shall also consider making other requirements as necessary to prevent abuse of the creeks or alleviate problems which could be caused downstream. The Planning Commission shall consider the recommendations of the Albany Creek Restoration Report in making their determinations.

3. New construction or substantial improvement of structures located in flood-prone areas shall follow the regulations contained in Section 20.52.

F. 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.

§ 20.24.040 Hillside Residential Regulations.

[Ord. No. 04-09; Ord. No. 2014-05 § 6; amended 12-4-2023 by Ord. No. 2023-06]

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.

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.

(6) (a) (2) MEASUREMENT OF HEIGHT: RHD DISTRICT

4. Landscaping/Fencing/Walls. Landscaping of areas around structures shall provide a smooth transition and blend into the natural landscape. Graded areas shall be replanted with an emphasis placed upon fire retardant, drought tolerant planting, erosion control, eliminating visual scarring and replanting of the native habitat. Open fencing and the use of short walls as a base for fencing to smooth the transitions of grades in hillside areas is encouraged. The use of natural materials (brick, stone) for fencing and walls that relates to the residential buildings is encouraged.

A coordinated palette of wall and fencing materials to provide richness and continuity in developed areas is encouraged. Retaining walls shall to the extent possible be designed to incorporate planting and allow views out to the landscape from private yards. The use of stepped retaining walls and cascading plant materials to soften the wall face is encouraged (see Figure 1 at the end of this subsection).

5. Trees. Trees in excess of six (6) inches in trunk diameter measured at a point three (3) feet from the base shall be considered significant trees in this district and shall be retained to the extent possible. Removal of such a tree requires issuance of a tree removal permit by the Community Development Department. This requirement shall apply to unimproved properties in this District. All design review and/or Planned Unit Development applications shall indicate trees proposed to be removed.

6. Building Design. Both upslope and down slope units shall be designed to reduce visual impacts and grading. To the extent possible, residential units shall be stepped uphill or downhill to reduce the height and mass of the buildings from the street. The use of stepped foundation is encouraged (see Figure 2 at the end of this subsection). Rooflines shall relate to the slope and topography and shall be as inconspicuous as possible. Second stories, if appropriate, shall incorporate a variety of bays and recessed overhangs so that the appearance of vertical mass and visual impacts are reduced. To the extent possible, grading plans shall create building pads that support low profile buildings which require minimal retaining walls or support structures. Exterior structural supports and undersides of floors and decks shall not exceed six (6) feet in height except where the Planning and Zoning Commission finds that: (1) no alternative design is feasible, (2) grading to eliminate the need for such support would result in visual scarring or additional environmental damage and (3) no area exists on the property which would reduce or eliminate the need for such supports.

7. Exterior Materials. All development within the RHD District shall utilize materials and colors that are compatible with the surrounding environment. The use of wood shakes as an exterior siding or roof material is not permitted. Concrete as an exterior material for driveways, walkways or retaining walls is discouraged. If concrete is utilized, the stark appearance shall be mitigated by mixing an alternate color into the pour or use of an alternate material (aggregate, rock).

8. Streets and Driveways. New streets and driveways in the RHD District shall be designed to be parallel to contours to the extent possible. Intermittent widening of streets for guest parking and turnarounds at appropriate places are encouraged. The maximum street section permitted in this area shall be thirty-two (32) feet zero (0) inches curb to curb with guest parking on one side of the street only. Guest parking bays and islands are encouraged to be provided where appropriate. All minimum standards of the Albany Fire Department shall be satisfied for roadway width, turnarounds and pavement materials.

9. Street Lighting. Street lighting provided, as part of any new development, shall be of a low profile design, unobtrusive and designed to be compatible with the character of the development and area.

10. Sidewalks, Walkways and Trails. Sidewalks shall be discouraged in this district in favor of pedestrian walkways and trails which shall be integrated into an overall circulation plan for the development.

11. Environmental Constraints. All development in the Residential Hillside Development (RHD) District shall be developed in a manner which is compatible with the environmentally sensitive setting. The Community Development Department or the Planning and Zoning Commission may require special studies as a part of design review or the planned unit development process. Typical studies requested may include but are not limited to soil and geotechnical reports, cultural resource (archaeological) surveys, biotic or tree studies, and such other studies that might have otherwise been required if a CEQA review was undertaken.

Figure 1. Alternative Wall Treatments

Figure 2. Hillside Building Forms

§ 20.24.050 Floor-Area Ratios.

[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.

§ 20.24.060 Setback Areas, Encroachments.

[Ord. No. 04-09; amended 9-6-2022 by Ord. No. 2022-03]

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) Except, no maximum projection within San Pablo Avenue Specific Plan planning area			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

§ 20.24.070 Setbacks With Daylight Planes.

[Ord. No. 04-09; Ord. No. 09-011 §§ 11-13; amended 9-6-2022 by Ord. No. 2022-03]

A. Interior Property Lines Abutting Residential District Boundaries. The minimum setback where an interior lot line of a property in a Solano 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.

Figure 1.a

Figure 1.b

2. The minimum setback, where an interior lot line of a property in a higher density residential district abuts a lower density residential district, and Municipal Code Section 20.24.030 does not apply, the minimum side yard setback shall be five (5) feet on the side. An additional setback for any portion of any structure extending above twenty-eight (28) feet in height, up to the maximum height permitted in the zoning district, shall be defined by a daylight plane extending from a base point located twenty-eight (28) feet above the ground plane at the line of the five (5) foot required side yard setback, inclined away from the vertical at a forty-five (45) degree angle (See figure 2). If there is a difference in grade planes between two (2) adjacent parcels, the Community Development Director shall determine appropriate grade plane to be used for daylight plane calculation.

Figure 2

3. The minimum setback, where an interior lot line of a property in a higher density residential district abuts a lower density residential district, and Municipal Code Section 20.24.030 does not apply, shall be fifteen (15) feet at the rear. An additional rear yard setback for any portion of any structure extending above twenty (20) feet in height, up to the maximum height permitted in the district shall be defined by a daylight plane extended from a base point located twenty (20) feet above the ground plane at the line of the required setback, inclined away from the vertical at a forty-five (45) degree angle (See figure 3). If there is a difference in grade planes between two (2) adjacent parcels, the Community Development Director shall determine appropriate grade plane to be used for daylight plane calculation.

Figure 3

B. Exterior Property Lines at Streets Abutting Residential Districts.

1. Except within the San Pablo Avenue Specific Plan planning area, 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. Within the San Pablo Avenue Specific Plan planning area, see regulations in Subsection 20.24.070.C.

2. 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 (45^o) degree angle. See Figure 4 below.

Figure 4

C. San Pablo Avenue Specific Plan Abutting Residential Zones. San Pablo Commercial (SPC) District. Height stepback standards shall be required as follows when SPC or R-3 zoned parcels are located adjacent to a residential district:

1. SPC-zone sites abutting an R-3 or other lower density residential zone:

a. Abutting Rear Yard of Residential Zone: SPC-zoned site shall have a minimum rear yard setback of ten (10) feet. Above the third story, and no higher than thirty-eight (38) feet above grade, a twenty-foot setback from the property line is required (see Figure 5).

b. Abutting Side Yard of Residential Zone: SPC-zoned site shall have a minimum interior side yard of five (5) feet (see Figure 6).

Figure 5: Abutting Rear Yard

Figure 6: Abutting Interior Side Yard

2. Sites separated by a public right-of-way from an R-3, R-2, or other lower density residential zone:

a. Except within the Northern Node, SPC and R-3 zoned sites shall have a facing setback (may be defined as front or rear) of at least fifteen (15) feet. Above the third story and no greater than thirty-eight (38) feet above grade, a twenty-foot setback from the property line is required (see Figure 7).

b. Within the Northern Node, the upper story setback may start at up to fifty (50) feet above grade (see Figure 8).

Figure 7: Across Public Right of Way

Figure 8: Across Public Right of Way - Northern Node

§ 20.24.080 Height Limits and Exceptions.

[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.

§ 20.24.090 Usable Open Space.

[Ord. No. 04-09; amended 9-6-2022 by Ord. No. 2022-03]

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.

a. All multifamily dwellings (three (3) or more units) within the San Pablo Avenue Specific Plan planning area shall provide at least one hundred (100) square feet of usable open space per unit.

1) Open space may be any combination of private or common open spaces.

2) On-site publicly-accessible open space may satisfy up to one hundred (100%) percent of the usable open space requirement within the Solano Avenue node, as depicted in the San Pablo Avenue Specific Plan Zoning District & Overlays map (Figure 2-2[1]) and up to fifty (50%) percent in other locations.

[1] Editor's Note: The San Pablo Avenue Specific Plan is available to view at the City offices.

b. All multifamily dwellings (three (3) or more units) outside of the San Pablo Avenue Specific Plan planning area 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.

§ 20.24.100 Distances Between Structures.

[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.

§ 20.24.110 Fences, Landscaping, Screening.

[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).

Exception to height limit in front yard: A structure designed to provide a decorative gateway, such as an arbor, trellis or pergola, may occupy an area not to exceed twenty (20) square feet, with a maximum horizontal dimension of six (6) feet and a maximum vertical dimension of ten (10) feet, subject to administrative design review approval based on all of the following findings:

a. The structure is not attached to the principal structure or any other structure other than a fence.

b. Structural bulk is minimized by the use of open materials such as lattice.

c. The location of the structure does not create a sight distance problem with respect to driveways or street intersections.

d. The design of the structure is appropriate to the main building and the landscaping of the property.

3. In the street side yard of a corner lot, any fence, wall, hedge, or other visual obstruction, shall not exceed three (3) feet in height within ten (10) feet of the intersection of a street line with the outside line of any driveway, or within twenty-five (25) feet of the intersection of any two (2) street lines. See illustration above.

4. Trees on which branches are removed from the ground line to a point five (5) feet above the ground line are excluded from the restrictions in subparagraphs 1, 2 and 3 above. The Community Development Director may make an exception for a tree that has not reached maturity upon finding that the tree does not constitute a safety hazard by blocking a sight line.

5. Fences, walls, hedges or necessary retaining walls may occupy not more than one (1) foot of the width of a minimum required side yard.

6. The maximum height of fences, walls or hedges shall be eight (8) feet along interior lot lines which are adjacent to public recreational facilities such as parks, playgrounds and bicycle paths.

7. No fence, wall, gate, hedge or retaining wall, nor any portion of a tree or other vegetation having a vertical clearance of less than seven (7) feet, shall encroach upon any public right-of-way without an encroachment permit, nor, in any case, upon any sidewalk within a public right-of-way. All such structures or vegetation shall be maintained so as to avoid encroachment upon the public sidewalk. The Community Development Director may make an exception for a tree that has not reached maturity upon finding that the tree does not constitute a significant obstruction to use of the sidewalk.

D. Screening Requirements, General.

1. Five (5)-foot landscaped strips immediately behind all property lines shall be provided in Residential Districts for all uses other than residential uses.

2. Landscaped strips or other screening may be required by the Planning and Zoning Commission for any use in the PF, WF and all Commercial Districts.

3. Dense landscaping or a solid wall or fence shall be provided:

a. Along the rear and side property lines of any nonresidential use which abuts on a residential use;

b. To screen any open area used for the storage of goods, materials, or wastes from view from abutting properties and from public rights-of-way; all openings for access to such storage areas shall be provided with solid gates or other devices constructed of view-obscuring materials;

c. To screen any open area used to display goods or materials for sale from view from abutting properties.

d. To screen manufacturing activities from view from public rights-of-way;

e. To provide relief from adjacent noise sources; a wall designed for acoustical attenuation may be required.

f. To screen roof-top mechanical appurtenances from view from abutting properties and public rights-of-way.

4. Conformity. The landscaping and screening requirements of this subsection shall be satisfied by all property owners, as applicable, within five (5) years of the date of adoption of this chapter.

E. Screening Standards, General.

1. Height.

a. Minimum Height. The minimum height of screening devices required in paragraph C, 3 above shall be six (6) feet, except that the Planning and Zoning Commission may reduce the required height.

b. Maximum Height. The maximum height of screening shall be as provided for in subsection 20.24.110.C.

c. Where a specific height of planting is required herein or by the Planning and Zoning Commission, such landscaping shall be not more than three (3) feet lower than the required height at the time of planting in the case of a prescribed height of five (5) feet or more, and shall not be more than two (2) feet lower than the required height at the time of planting in the case of a prescribed height of less than five (5) feet.

d. A landscaped earthen berm may count toward required heights of landscaping and screening.

2. Materials. Where trees are required, they shall be of a species, degree of maturity, and spacing acceptable to the Planning and Zoning Commission. Where dense landscaping to a specified height is prescribed for screening, the landscaping shall be of a type and spacing so that vision of objects on the opposite side is effectively eliminated up to the prescribed height.

3. Maintenance. All planting required by this chapter or by Planning and Zoning Commission action shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, weeding, cleaning, fertilizing, and regular watering or otherwise maintained as deemed necessary by the Community Development Manager. Whenever necessary, planting shall be replaced with other plant materials to insure continued compliance with applicable landscaping requirements. All screening shall be in sound functional condition, or whenever necessary, repaired and replaced.

4. Encroachments. In order to meet landscaping requirements, portable planter boxes or similar devices may encroach into the public right-of-way not to exceed two (2) feet in the SPC District and one (1) foot in the SC District. Such encroachments shall be subject to standards established by the Community Development Director.

F. Screening and Landscaping, Off-Street Parking. (See Section 20.28 for parking space requirements and standards.)

1. Screening of Parking Facilities for All Uses (Except Single-Family and Two-Family Dwellings). The screening requirements for off-street parking facilities associated with all uses, as well as for commercial and public parking lots, but excluding single-family and two (2) family dwellings, are as follows:

a. Parking Facilities Abutting a Residential Use. A screening device not less than six (6) feet in height shall be provided along all interior lot lines, except that the height of a wall or fence adjoining a required front setback in an R district shall not exceed three (3) feet.

b. Parking Facilities in a Commercial District Across the Street from a Residential District. The parking facilities shall be screened by a fence, wall or compact evergreen hedge not less than five (5) feet in height.

c. Parking Facilities for Multifamily Residential Development. A carport or open parking area for five (5) or more cars shall be screened from an adjoining lot in any R district by a solid wall or fence not less than six (6) feet in height, except that the height of a wall or fence adjoining a required front setback in an R district shall not exceed three (3) feet.

d. Nonresidential Parking Facilities, Five or More Spaces. A parking area for five (5) or more cars serving a nonresidential use shall be screened from any adjoining R district by a solid concrete, solid wood or masonry wall of not less than six (6) feet in height, except that the height of a wall adjoining a required front setback in an R district shall not exceed three (3) feet.

e. All Parking Facilities. A screening device of at least three (3) feet in height shall be provided between the parking spaces and any exterior lot line.

f. Materials. All screening devices shall be constructed of dense landscaping or fence, wall, grill or other material.

2. Landscaping of Parking Facilities for All Uses (Except Single-Family and Two-Family Dwellings).

a. Perimeter Planting Areas. Parking lots shall have perimeter planting areas with a width of no less than five (5) feet at an exterior property line, or no less than three (3) feet at an interior property line. A parking structure having at-grade parking adjoining a street, with no wall on the street side, shall have a five (5)-foot planting area adjoining the street property line.

b. Interior Planting Areas. The total area of interior planting areas shall be at least five (5) percent of the area within the parking area. Interior planting areas shall be distributed throughout the parking lot and shall be subject to the following conditions:

1) Interior landscaped areas shall be a minimum of three (3) feet in width, except that an additional one (1) foot shall be required where trees are planted.

2) The end of each row of parking spaces shall be separated from driveways by a landscaped planter, sidewalk, or other means.

3) A minimum of one (1) tree for every three (3) spaces shall be distributed evenly throughout the parking lot.

c. Overhang Allowance: Where autos will extend over landscaping, the required planting areas shall be increased two (2) feet in depth by decreasing the length of the parking stall by two (2) feet. Where autos will overhang into both sides of an interior landscaped strip or well, the minimum inside curb-to-curb interior planter dimension shall be seven (7) feet.

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 20.24.110E., if applicable, and the fence, wall and hedge requirements of subsection 20.24.110C.

§ 20.24.120 Refuse Storage Areas.

[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.

§ 20.24.130 Accessory Buildings.

[Ord. No. 04-09; Ord. No. 09-011 § 19; Ord. No. 2014-05 § 7; amended 12-4-2023 by Ord. No. 2023-06]

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.

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.

§ 20.24.140 Temporary Buildings.

[Ord. No. 04-09; amended 12-4-2023 by Ord. No. 2023-06]

A. Purpose. This subsection allows temporary buildings to be located in designated districts of the City subject to reasonable regulations intended to protect surrounding property and the public health, safety and welfare.

B. General.

1. A temporary building may be located in any site zoned SC, SPC, CMX, R-3:P, WF or PF, if a Conditional Use Permit is granted by the Planning and Zoning Commission.

2. In addition to meeting the requirements of subsection 20.100.030 regarding Major Use Permits, the applicant shall show that there is sufficient reason to allow the temporary building. Examples of sufficient reasons are:

a. The planned construction of a permanent building on the same site;

b. A short-term need for additional building space where there is an existing permanent use on the same site; and/or

c. A need for building space for a short-term use of a site.

3. These regulations do not apply to construction trailers, sheds, etc., located on the site while construction is underway, pursuant to a construction permit issued by the City.

C. Requirements.

1. The temporary building, and its installation, shall meet all applicable City and State codes and other regulations.

2. Sanitary facilities shall be provided to City standards, either in the temporary building, or in a permanent building on the same site.

3. Any plumbing in the temporary building shall be connected to public water lines and the City sewer system.

4. The temporary building shall be removed within one (1) year after the use permit is granted.

5. The Planning and Zoning Commission may impose additional conditions relating to landscaping, exterior appearance, location on the site, site restoration, time limitation, etc.

§ 20.24.150 Manufactured Homes.

[Ord. No. 04-09; amended 12-4-2023 by Ord. No. 2023-06]

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.

§ 20.24.160 Commercial Storefront Design.

[Ord. No. 04-09; amended 9-6-2022 by Ord. No. 2022-03]

Commercial storefronts in the SC District 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.

§ 20.24.170 Development on Lots Divided by Zoning District Boundaries.

[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.

§ 20.24.180 Mechanical Equipment, Residential.

[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.

§ 20.24.190 Community Benefits for San Pablo Avenue Specific Plan.

[Added 10-17-2022 by Ord. No. 2022-07]

The purpose of this section is to identify community amenities required for new residential projects in the San Pablo Avenue Specific Plan planning area to support equity, livability, sustainability and place making. These benefits may include but are not limited to below-market rate inclusionary housing units, sustainability measures, and open space. Benefits may be updated from time to time by ordinance of the City Council.

A. Applicability: All residential projects, including mixed use projects, in the San Pablo Avenue Specific Plan planning area shall be required to provide community benefits. Projects in the northern node, as depicted in the San Pablo Avenue Specific Plan Zoning District & Overlays map (Figure 2-2[1]), are required to provide additional benefits.

[1] Editor's Note: The San Pablo Avenue Specific Plan is available to view at the City offices.

B. Baseline Standards. Unless superseded by subsection C, below, all new residential projects in the San Pablo Avenue Specific Plan planning area are required to:

1. Increase the below-market rate unit requirement, pursuant to Subsection 20.40.030, from 15% to 20%, split between low and very-low income units, or fee in-lieu for ownership units pursuant to Subsection 20.40.030F.4; or

2. Provide one (1) amenity from subsection D (List A), below; or

3. Provide two (2) amenities from subsection E (List B), below.

C. Northern Node Standards. Projects in the northern node that exceed 68 feet and/or 4.0 Floor Area Ration (FAR) are required to:

1. Increase the below-market rate unit requirement, pursuant to Section 20.40.030, from 15% to 20%, split between low and very-low income units or fee in-lieu for ownership, pursuant to Subsection 20.40.030F.4; and

2. Provide one (1) amenity from subsection D (List A), below; or

3. Provide two (2) amenities from subsection E (List B), below.

D. Community Benefits List A:

1. Publicly-accessible open space (e.g., plazas) equal to at least 1,500 square feet or 10% of the lot area, whichever is greater.

2. Mid-block pedestrian connection on through-lots that extend from San Pablo Avenue to Adams Street or Kains Avenue.

3. Design and construction of site-appropriate bicycle, transit and pedestrian facilities in the adjacent public right-of-way (e.g., bus shelter, bike facility, crosswalk improvement).

E. Community Benefits List B:

1. Family-friendly housing, with at least 20% of units designed with 3+ bedrooms.

2. All electric design, defined as a building that has no natural gas or propane plumbing installed within the building, and that uses electricity as the source of energy for its space heating, water heating, cooking, and clothes drying appliances. This shall not be an eligible amenity that may be provided per Albany Municipal Code Subsections 20.24.190B.3 and C.3, should the City require an all electric design on residential projects in the future.

3. Installation of on-site photovoltaic or solar hot water panels, equivalent to powering at least fifteen (15%) percent of building load.

4. Ground-floor commercial space with minimum depth of fifty (50) feet for at least fifty (50%) percent of the width and at least fourteen (14) feet clear height inside the space.