[Ord. No. 04-09; Ord. No. 06-08 § 1; Ord. No. 2017-05 § 2]
A.
Purpose. This section consolidates the common requirements of applications,
procedures and public hearings for seven types of permits and review
processes:
Zoning clearances;
Minor use permits;
Major use permits;
Variances;
Design review;
Amendments to the zoning text and zoning map; and
Appeals.
Additional requirements for each review procedure are included
in subsequent sections that address individual procedures.
B.
Application Forms. To apply for a permit or review procedure a qualified
applicant must complete an application form and file the form with
the Community Development Department.
1.
Establishment of Application Form. Application forms shall be
established by the Community Development Department and made available
to the public.
2.
Contents of Application Form. The contents of application forms
will be determined by the Community Development Director and shall
call for information necessary to review and process the application.
After reviewing an application, the Community Development Director
may request additional information if needed to make a decision.
C.
Fees.
1.
Purpose and Application. This subsection is adopted to ensure
that the City is reimbursed for its costs of providing services to
applicants for development projects and to the extent advisable, provide
uniformity with respect to such provisions. The provisions hereof
shall apply to all such projects except to the extent that more specific
state or local regulations preempt its application. Processing fees
and deposits shall be set at an amount that adequately defrays the
cost of processing applications and environmental reviews or other
studies and reports that are necessary.
2.
Definitions. As used in this section:
a.
Development means the same as that set forth in Government Code
Section 65927; however, the term shall include a change of organization
as defined in Government Code Section 56021.
b.
Development Project means any project undertaken for the purpose
of development, including the issuance of a permit or approval for
construction, reconstruction, use, or operation whether or not the
permit or approval is ministerial or discretionary in nature. Examples
of development projects include, but are not limited to, general plan
amendments, rezoning, permits, approvals, use permits, variances,
design review, operations amendments, improvement payback fees, utility
related fees, franchise related fees, and such other permits issued
for activities or work undertaken pursuant to the Albany Municipal
Code.
c.
Processing Fee or Processing Costs means the charges for staff
time, transmission and communication costs including, but not limited
to, charges for postage, telephone, fax, transportation, etc., as
well as the costs of production or reproduction of materials, exhibits,
etc., used in the investigation, processing, inspection or review
of development projects or the enforcement of regulations and conditions
to development projects.
d.
Staff means and includes the employees, agents, and consultants
of the City.
3.
Billing Rates. The hourly rate to be billed by City staff shall
be periodically set by resolution of the City Council; other processing
costs shall be at rates set by resolution of the City Council (e.g.
costs of reproduction) or at direct cost to the City (e.g. postage).
Such rates shall not exceed the costs (direct and indirect) of the
services provided. Consultant shall be billed at the rate and for
the expenses charged to the City plus any allocable overhead.
4.
Billing Records. All processing costs associated with the investigation,
processing, inspection or review of development projects, or the enforcement
of applicable regulations and conditions to development projects shall
be recorded and charged to each such project.
5.
Payment of Processing Fees.
a.
No application for a development project may be filed without a deposit in an amount estimated to cover processing costs unless payment of processing fees have been waived by action of the City Council, reduced or deferred as per an agreement, or the land use is exempt from payment of such fees. The City shall make subsequent periodic invoices to ensure that the balance in the project account remains sufficient to cover anticipated processing costs and it shall be the responsibilities of those liable for payment to make such payments. At the discretion of the City, an applicant may be required to execute a reimbursement agreement in a form acceptable and approved by the City Attorney. Any such agreement shall comply with subsection 20.100.010N, Indemnification.
Waiver, reduction, or deferral of fees may be considered at
the sole discretion of the City in situations where the applicant
can demonstrate that (a) the fee waiver, reduction, or deferral substantially
contributes to achieving the goals and objectives of the City of Albany
General Plan, or (b) that costs of processing are significantly different
that typical applications of the same type.
b.
Each applicant for or operator of a development project, as
well as the owner of the subject property, if different, shall be
liable for payment of all processing fees associated with the development
project.
c.
Processing fees are not refundable except when the Community
Development Director determines that a fee was received in error,
or the fee paid exceeded the amount due, in which case the amount
of overpayment will be refunded to the applicant.
6.
Lien on Subject Property.
a.
The Finance Director may notify an applicant or operator and, if different, the owner of the subject property, of the failure to comply with subsection 20.100.010C.5, the amount outstanding, and of the fact that if not paid, the processing fees shall become a lien against the property. Such notice shall be given by registered or certified mail upon the owner or owner's agent, as shown on the last equalized assessment roll. Service on one (1) property owner in multiple ownership shall be deemed in compliance with this section. If an address for owner cannot be reasonably obtained, the notice required by this section may be given by posting the subject property.
b.
Within ten (10) days from the date of posting, or date of registered
or certified mail service, the applicant or operator, and if different,
the owner or any person interested in the property may appeal to the
Council by filing a written appeal with the City Clerk, setting forth
in detail the reasons for appeal. The Council shall hear from the
appellant and thereafter pass upon such appeal. The decision thereon
shall be final and conclusive.
c.
At the expiration of the time set or appeal or upon determination
of the Council upon appeal, the processing fees due and owing shall
become a lien upon the subject property.
7.
Failure to Pay Processing Fees.
a.
As a separate, distinct and cumulative remedy established for the violation of subsection 20.100.010C.5, any City body with the authority to approve or conditionally approve or deny a development project, may deny such project without prejudice if after notice the responsible party(ies) fail to comply with subsection 20.100.010C.5. The applicant and/or operator shall be given not less than ten (10) calendar days mailed notice of the City's intent to take such action.
b.
As a separate, distinct and cumulative remedy established for the violation of subsection 20.100.010C.5, the Planning Director, Public Works Director, Chief Building Official or Code Enforcement Officer, may issue a stop work order if the job site has previously been posted with a notice of intent to issue a stop work order for failure to comply with subsection 20.100.010C.5. The stop work order shall be served by posting a copy of the order on the subject property. In addition, a copy of such notice shall be promptly mailed to the applicant or operator and, if different, the owner of the subject property as shown on the last equalized assessment roll. Such order shall become effective immediately upon posting of the notice. After service of a stop order, no person shall perform any act with respect to the subject property in violation of the terms of the stop order, except such actions as the City determines are reasonably necessary to render the subject property safe and/or secure until the violation has been corrected.
c.
As a separate, distinct and cumulative remedy established for the collection of processing fees, an action may be brought in the name of the City, in any court of competent jurisdiction to enforce the lien established by subsection 20.100.010C.6. In such action, the City shall be entitled to attorney's fees to enforce its lien provisions.
d.
As a separate, distinct and cumulative remedy established for the collection of processing fees, a civil action may be brought. The Finance Director, or his/her designee, may bring a small claims action in the name of the City to collect the fees owing pursuant to subsection 20.100.010C.5.
D.
Common Procedures for Review of Applications.
1.
Consolidated Applications. Multiple applications filed at the
same time for a single project may be consolidated for review, except
as otherwise stated in this chapter.
2.
Receipt of Application. Staff in the Community Development Department
shall stamp each application and its supporting material with the
date it is received.
3.
Completeness of Application. The following paragraphs (a) through
(d) are intended to implement certain provisions of the California
"Permit Streamlining Act", specifically Government Code Section 65943.
The procedure described is applicable only to applications for discretionary
permits for construction or reconstruction, and does not apply to
permits to operate that do not involve a physical change to the environment
or the density or intensity of land use.
a.
Determination of Completeness of Application for a Development
Project. Within thirty (30) calendar days of receipt of an application
for a development project, the Community Development Director shall
review the application to determine whether the application is complete,
and shall send a written notice of such determination to the applicant.
If the Community Development Director determines that the application
is incomplete, the written notice shall specify the information necessary
to make the application complete. Within thirty (30) calendar days
of receipt of additional submitted materials, the Community Development
Director shall review the application to determine whether the application
is then complete, and shall send a written notice of such determination
to the applicant.
b.
Appeal of Completeness Determination. If following the additional
submittal the Community Development Director has determined that the
application is not complete, the applicant may appeal that determination
to the Planning and Zoning Commission by filing a written notice of
appeal with the Community Development Director, within ten (10) calendar
days of the applicant's receipt of the written determination. Within
sixty (60) calendar days after receipt by the City of the notice of
appeal, the Planning and Zoning Commission shall issue a written determination
on the appeal. The decision of the Planning and Zoning Commission
shall be final and shall not be appealable. If a determination is
not made during the sixty (60)-day period following receipt of the
appeal, the application with the submitted materials shall be deemed
complete.
c.
Extension of Time Limits. Nothing in this subsection precludes
an applicant and the City from mutually agreeing to an extension of
any time limit provided by this subsection.
d.
Acceptance of Application and Scheduling of Public Hearing.
If and when an application is deemed to be complete and accurate,
then the Community Development Director shall accept it for filing.
If an application requires a public hearing, and if any required environmental
review has been completed, the Community Development Director shall
schedule the public hearing before the appropriate reviewing body.
The public hearing shall be scheduled to allow sufficient time for
preparation of the staff report and for fulfillment of the public
notice requirements in this section. The scheduling of applications
for decision shall be consistent with the time deadlines imposed by
the Permit Streamlining Act in Government Code Section 65950.
4.
Staff Report. After an application is determined complete, and
any required environmental review has been completed, the Community
Development Department staff will review the application, and prepare
a staff report that states whether the application complies with all
appropriate standards of this chapter. The staff report shall be mailed
to the applicant and made available to the public no later than four
(4) calendar days before the first scheduled public hearing on the
application.
5.
Withdrawal of Application. A request for withdrawal of application
shall be submitted in writing to the Community Development Director.
E.
Notice of Public Hearings. The Community Development Department shall
provide notice of any public hearings required as part of the application
process.
1.
State Requirements. Notice shall be provided in accord with
the California Government Code, as stated in Sections 65090 and 65091
thereof.
2.
Special Requirements for Large Family Day Care Home. Refer to
subsection 20.20.020.B for requirements for public notice and hearing
on a Minor Use Permit for a Large Family Day Care Home.
3.
Contents of Notice. All notices shall provide the following
information:
a.
The date, time, place of the public hearing, as well as the
identity of the hearing body.
b.
A general explanation of the matter to be considered.
c.
A general description, by text or diagram, of the real property
that is the subject of the hearing.
d.
The address and phone number where interested parties may contact
for further details.
e.
A statement that interested parties may submit comments on any
aspect of the application in writing or verbally at the public hearing.
f.
Other information required by statute, required by specific
provisions of this chapter, or determined necessary by the Community
Development Director.
4.
Notice Requirements for Residential Design Review.
a.
Posting. The applicant shall post notice in a conspicuous location
on the project site regarding a scheduled design review meeting at
least ten (10) calendar days prior to the meeting. Posting shall be
consistent with procedures established by the Community Development
Department.
b.
Mailing. The Community Development Department shall mail such
notice to all owners and occupants of any property, any portion of
which lies within three hundred (300) feet of the external boundaries
of the project site, at least ten (10) calendar days prior to the
meeting.
c.
Story Poles, R-1 Zoning District. For new residential construction
and exterior alterations that increase the height of a single-family
building and are subject to design review, an applicant is required
to erect at least two (2) "story poles," a temporary construction
for the purpose of visually displaying the outer limits, including
the height, of the proposed structural alterations. These poles shall
be erected at least ten (10) days prior to the design review meeting,
and shall be maintained in place through the date of the meeting.
F.
Public Hearing Procedures. The City Council may adopt by ordinance
or resolution specific procedures for public hearings conducted by
the Community Development Director, Planning and Zoning Commission
and the City Council. If multiple applications are filed for a single
site and have been consolidated for review, then required hearings
in front of the same hearing body may be consolidated as well.
G.
Environmental Review. All development projects except those determined
to be ministerial projects or exempt statutorily or categorically,
and all zoning text and map amendments, are subject to environmental
review under the California Environmental Quality Act (CEQA) and any
related regulations adopted by the City. For purposes of this paragraph,
"project" shall be as defined by California Public Resources Code
Section 21065.
H.
Effective Dates.
1.
Amendments to the Zoning Ordinance. Amendments to the zoning
text or zoning map shall become effective thirty (30) calendar days
following the adoption of an ordinance by the City Council, unless
otherwise adopted in accordance with the law.
2.
Use Permits, Variances, Design Review and Appeals. Actions of
the Community Development Director or the Planning and Zoning Commission
on use permits, variances, design review and appeals shall become
final and effective fourteen (14) calendar days following the action,
unless an appeal has been filed.
I.
Transfer of Use Permit, Variance or Design Review. Once the work
authorized by a use permit, variance or design review approval is
completed, the authorizing action shall run with the land and shall
continue to be valid upon a change of ownership of the site or structure
which was the subject of the authorizing action.
J.
Modifications. Minor changes in a proposed project may be approved
by the Community Development Director. A request for changes in the
terms or conditions of an approved permit, variance, or other approval,
or for substantial changes in the proposed project, shall be treated
as a new application. In determining whether the changes are minor
or substantial, the Community Development Director shall consider
the characteristics of the proposed project, the site, the surrounding
areas, and the potential impacts of the proposed modification. If
changes in a proposed project that has been approved by the Planning
and Zoning Commission are determined to be substantial, such changes
must be considered by the Planning and Zoning Commission.
K.
Expiration of Permit.
1.
Original Term. A use permit, variance or design review approval
shall expire one (1) year after its date of final approval, or at
an alternate time specified as a condition of approval, unless:
2.
Renewal. A use permit, variance or design review approval may
be renewed by the Community Development Director for a period up to
an additional two (2) years, provided that, at least ten (10) days
prior to expiration of one (1) year from the date when the approval
becomes effective, an application for renewal of the approval is filed
with the Community Development Department. The Community Development
Director may grant a renewal of a use permit variance or design review
approval where there is no change in the original application, or
there is no request to change any condition of approval.
3.
Substantial Change. A renewal application involving any substantial
change from the original application or approval conditions shall
be treated as a new application for a conditional use permit, and
shall be subject to all application provisions of this chapter.
4.
Expiration by Default. If approval of a use permit, variance
or design review is allowed to expire, a new application shall be
required.
L.
Resubmission of Application.
1.
Whenever an application for a permit or an amendment of text or map is denied, and the action is not reversed through appeal pursuant to subsection 20.100.080, no further application for the same use on the same property shall be filed for a period of one (1) year from the date of denial, except in the following cases:
a.
Without Prejudice. An applicant may resubmit an application
at any time, without making substantial changes, if the application
was denied "without prejudice," i.e., exempt from the one (1) year
delay for resubmission.
b.
Determination of Substantial Change. If the Community Development
Director determines that a substantial change in circumstances relative
to the site has occurred, the decision-maker or body that took the
action to deny the application may give permission for resubmission
of the application prior to the expiration of the one (1) year period.
Examples of substantial change may include, but not be limited to,
change in the size or configuration of proposed buildings, revised
traffic flow, or an amendment of the General Plan or the Zoning Ordinance
that affects the site.
c.
Initiation of Amendment. In the case of a denial of a request
for a zoning text or map amendment, the one (1) year delay shall not
apply if the Planning and Zoning Commission or the City Council initiates
new consideration of the proposed amendment.
2.
Any resubmission of an application shall be processed in the
same manner as a new application, and the processing fees in effect
at the time of the resubmission shall be assessed.
M.
Enforcement.
1.
Permits; Licenses; Certificates; and Approvals. All persons
or bodies empowered by the Municipal Code to grant permits, licenses,
certificates, or other approvals shall comply with the provisions
of this chapter and grant no permit, variance, nor other approval
in conflict with these provisions. Any permit, variance, or approval
granted in conflict with any provision of this ordinance shall be
void.
2.
Revocation of Discretionary Permits.
a.
Determination of Community Development Director; Establishment
of Revocation Hearing. If the Community Development Director determines
that there are reasonable grounds for revocation or modification of
a permit, variance, design review approval, or other discretionary
approval authorized by this ordinance, then a revocation hearing shall
be set before the official or the body that took final action on the
permit, except for appeals.
b.
Notice for Public Revocation Hearing. Notice for the revocation
hearing shall be given in the same manner as required for the original
public hearing, if a public hearing was required.
c.
Conduct of Revocation Hearing. The official or the body conducting
the revocation hearing shall hear testimony of City staff, the owner
of the use or structure for which the permit, variance, or approval
was granted, if present, and other interested parties. A public hearing
may be continued without additional public notice.
d.
Required Findings. The official or the body conducting the hearing
shall revoke or modify the permit upon making one or more of the following
findings:
1)
The permit was issued on the basis of erroneous or misleading
information or misrepresentation;
2)
The terms or condition(s) of approval of the permit have been
violated or other laws or regulations have been violated;
3)
There has been a discontinuance of the exercise of the entitlement
granted by the permit for six (6) consecutive months; or
4)
The use is being conducted contrary to the public's health,
safety, or welfare.
e.
Decision and Notice. Within thirty (30) days of the conclusion
of the hearing, the official or the body that conducted the revocation
hearing shall render a decision, and shall mail notice of the decision
to the owner of the use or structure for which the permit was revoked
and to any other person who has filed a written request for such notice.
f.
Effective Date. A decision to revoke a discretionary permit
shall become final fourteen (14) days after the date of the decision,
unless appealed.
g.
Right Cumulative. The city's right to revoke a discretionary
permit, as provided in this section, shall be cumulative to any other
remedy allowed by law, and may be invoked without regard to any other
proceedings related to the same property.
3.
Prosecution of Violations; Penalties.
a.
Prosecution of Violation. Any person, firm, or corporation violating
any other provisions of this chapter, including failure to secure
a permit or comply with any condition of approval, shall be guilty
of an infraction, and each day or portion thereof that such violation
is in existence shall be a new and separate offense. In these cases,
the fourth and any additional violations within one year shall each
constitute a misdemeanor. In addition, the City Attorney shall, upon
order of the City Council or City Administrator, commence action or
proceedings for the abatement, removal, and enjoinment of any violation
in the manner provided by law.
b.
Penalties. Any person, firm, or corporation who violates any
provision of this ordinance and is convicted of an infraction shall
be punished by fines as prescribed in Government Code Section 36900
or as thereafter amended or other penalties as lawfully imposed. Any
person, firm, or corporation who violates any provision of this chapter
and who is convicted of a misdemeanor for the violation shall be punishable
by fines as prescribed by Government Code Section 26900 or six (6)
months in jail, or both. Payment of any fine or penalty shall not
relieve a person, firm, or corporation from the responsibility of
correcting the condition consisting of the violation.
c.
Penalties cumulative. The imposition of any penalty, as provided
in this section, shall be cumulative to any other remedy allowed by
law.
N.
Indemnification.
1.
Indemnification Agreement.
a.
All applications requesting a discretionary permit, approval,
or environmental review shall include the applicant agreeing, as part
of the application, to defend, indemnify, and hold harmless the city
and its agents, officers, attorneys and employees from any claim,
action, or proceeding (collectively referred to as "proceeding") brought
against the City or its agents, officers, attorneys or employees to
attack, set aside, void, or annul:
1)
Any such approval of the City; and/or
2)
An action taken to provide environmental clearance under the
California Environmental Quality Act (CEQA) by its advisory agencies,
appeal boards, or City Council.
The indemnification agreement shall be in a form acceptable
to the City Attorney and shall include, but not be limited to, damages,
fees and/or costs awarded against the City, if any, and cost of suit,
attorney's fees, and other costs, liabilities and expenses incurred
in connection with such proceeding whether incurred by the applicant,
the City, and/or the parties initiating or bringing such proceeding.
The agreement shall also include a provision obligating the applicant
to indemnify the City for all of the City's costs, fees, and damages
which the City incurs in enforcing the indemnification provisions
of this section.
b.
Also at the time of submitting an application, the applicant
shall agree, as part of the application, to defend, indemnify and
hold harmless the City, its agents, officers, employees and attorneys
for all costs incurred in additional investigation of or study of,
or for supplementing, redrafting, revising, or amending any document
(such as an EIR, negative declaration, specific plan, or general plan
amendment) if made necessary by said proceeding and if the applicant
desires to pursue securing such approvals and/or clearances, after
initiation of the proceeding, which are conditioned on the approval
of these documents.
c.
In the event that a proceeding described in paragraph 1.a or
1.b of this subsection, or in paragraph 2 of this subsection, is brought,
the City shall promptly notify the applicant of the existence of the
proceeding and the City will cooperate fully in the defense of the
proceeding. Nothing in this section shall prohibit the City from participating
in the defense of any proceeding.
d.
In the event that the applicant is required to defend the City
in connection with any proceeding described in paragraph 1 of this
subsection, or in paragraph 2 of this subsection, the City shall retain
the right to approve:
1)
The counsel to so defend the City;
2)
All significant decisions concerning the manner in which the
defense is conducted; and
3)
Any and all settlements, which approval shall not be unreasonably
withheld.
The City shall also have the right not to participate in the
joint defense, except that the City agrees to cooperate with the applicant
in the defense of the proceeding. If the City does not participate
in the joint defense and chooses to have counsel of its own defend
any proceeding where the applicant has already retained counsel to
defend the City in such matters, the fees and expenses of the counsel
selected by the City shall be paid by the City. Notwithstanding the
immediately preceding sentence, if the City Attorney's office participates
in the defense, all City Attorney fees and costs shall be paid by
the applicant.
e.
If at the time that this section becomes effective, an application
for any of the approvals or clearances covered by this section has
already been deemed complete, there shall be added as a condition
to its approval or clearance the obligation of the applicant to indemnify
the City in a form and with language substantially in conformance
with Paragraphs 1.a through 1.d of this subsection.
2.
Indemnification Applicable Even if Applicant Fails or Refuses
to Enter Into Agreement. Even if the applicant for a discretionary
approval described in Paragraph 1 of this section fails or refuses
to enter into the agreement specified in Paragraphs 1.a and 1.b of
this subsection, that applicant, or the owner of the subject property
if different from the applicant, shall, as a condition to any of the
approvals specified below:
a.
Defend, indemnify and hold harmless the City and its agents,
officers, attorneys and employees from any claim, action, or proceeding
(collectively referred to as "proceeding") brought against the City
or its agents, officers, attorneys or employees to attack, set aside,
void, or annul the council's (or commission's) decision to approve
any development or land use permit, license, approval or authorization,
including but not limited to approval of, master plans, precise plans,
preliminary plans, design review, variances, use permits, general
plan amendments, zoning amendments, approvals and certifications under
CEQA and/or any mitigation monitoring program, but excluding any subdivision
approval governed by California Government Code § 66474.9.
This indemnification shall include, but not be limited to, damages,
fees and/or costs awarded against the City, if any, and cost of suit,
attorneys' fees, and other costs, liabilities and expenses incurred
in connection with such proceeding whether incurred by applicant,
the City, and/or the parties initiating or bringing such proceeding.
b.
Defend, indemnify and hold harmless the City, its agents, officers,
employees and attorneys for all costs incurred in additional investigation
and/or study of, or for supplementing, preparing, redrafting, revising,
or amending any document (such as a negative declaration, EIR, specific
plan or general plan amendment), if made necessary by said proceeding
and if applicant desires to pursue securing such approvals, after
initiation of such proceeding, which are conditioned on the approval
of such documents.
c.
Indemnify the City for all the City's costs, fees, and damages
which the City incurs in enforcing the indemnification provisions
set forth in this section.
[Ord. No. 04-09]
A.
Purpose. Zoning clearances are intended to ensure compliance with
the regulations and standards of this chapter through nondiscretionary,
administrative review by the Community Development Director.
B.
Applicability.
1.
General Requirement. A zoning clearance shall be required prior
to issuance of a building permit or business license, except where
other approvals are required by this chapter.
2.
Requirement for Signs, Home Occupations, and Tree Removal. A
zoning clearance shall be required for certain new or expanded signs;
for home occupations; and for tree removal in the HD Zoning District.
C.
Procedures and Standards of Review. Approval of zoning clearances shall be subject to the common procedures in subsection 20.100.010. In addition, approval is subject to the following procedures and standards of review:
1.
General Procedures. The Director of Community Development shall
grant a zoning clearance upon determining that the proposed development
complies with the applicable regulations and standards of this chapter.
In the case of any non-compliance with said regulations and standards,
the application shall be considered by the Planning and Zoning Commission
through the appropriate process.
2.
Applications for Home Occupations. The Community Development Director shall review all applications for home occupations and shall approve applications that comply with the regulations and standards for home occupations in subsection 20.20.040. Review may include an inspection of the site of the home occupation.
3.
Applications for Tree Removal (HD Hillside Development Zoning
District Only). Zoning clearance applications for tree removal in
the HD Zoning District shall be approved only if they are in accord
with the following standards:
a.
No Unnecessary Tree Removal. Living trees on undeveloped property
shall be retained unless their removal is necessary for new development
or any requirement of the Municipal Code.
b.
Maintenance of Hillsides and Soils. Living trees that help maintain
slope stability and prevent erosion shall be retained whenever possible.
c.
Emergency Removal. In the event that a tree is in immediate
danger of endangering either life or property, the tree may be removed
with approval of the Community Development Director.
4.
Applications for Signs. The Community Development Director shall
review all applications for signs for conformance to the standards
of this chapter or an approved master sign program.
D.
Appeals. An appeal of any determination made pursuant to this subsection may be made under the provisions of subsection 20.100.080.
[Ord. No. 04-09]
A.
Purpose. These provisions are intended to prescribe requirements
for the accommodation of uses with special site, design, or operating
characteristics, or which have a potentially adverse effect on surroundings,
and shall apply to all proposals for which a conditional use permit
is required.
B.
Applicability. Thresholds and responsibilities for review of applications
for use permits are as follows:
1.
General Applicability. A use permit is required for any use otherwise requiring a conditional use permit under this chapter as indicated on the Table 1, Permitted Land Uses by Zoning District (subsection 20.12.040) when the use may be increased, intensified, expanded, modified or otherwise changed in any manner, regardless of when the use was originally established, and including any change in a use which pre-existed the requirement for a conditional use permit. An applicant shall be required to comply with such conditions as are related to the proposed use and shall be required to conform to all requirements in effect at such time as determinations are made on the application. This chapter also specifies use permits for certain exceptions or other discretionary approvals that are not directly related to uses of land, for example, second story residential additions exceeding the height limit.
2.
Uses Requiring a Major Use Permit. All use permits are classified as major use permits except those uses that are specifically designated in Table 1, Permitted Land Uses by Zoning District (subsection 20.12.040) as requiring minor use permits.
3.
Uses Requiring a Minor Use Permit. Minor use permits may be considered by the Community Development Director for those uses that are so designated in Table 1, Permitted Land Uses by Zoning District (subsection 20.12.040), provided that projects involving such uses are exempt, statutorily or categorically, from the requirements of the California Environmental Quality Act; or, providing that projects involve no more than five thousand (5,000) square feet of building area, where so noted in the Table of Permitted Uses by Zoning District.
4.
Referral to Planning and Zoning Commission. At any point in
the project review process the Community Development Director may
exercise discretion to transfer original hearing jurisdiction on a
minor use permit to the Planning and Zoning Commission because of
policy implications, unique or unusual circumstances, or the magnitude
of the project.
C.
Procedures. Applications for minor use permits and major use permits are subject to the common procedures in subsection 20.100.010 and the following specific procedures.
1.
Minor Use Permits.
a.
Public Hearing. The Community Development Director shall hold
a public hearing on each application for a minor use permit. Notice
of the public hearing shall be provided according to subsection 20.100.010.E.
Exception: In the case of a Large Family Day Care Home, a public hearing will be held only upon request of the applicant or other affected person. See subsection 20.20.020 B.
b.
Action by Community Development Director. Within thirty (30)
days after the hearing, the Community Development Director shall grant
or deny the application for minor use permit, or provide for a continuance
to act. If the Community Development Director does not act within
thirty (30) days after the hearing, the application shall be deemed
to be approved.
Appeal: Decisions of the Community Development Director may
be appealed to the Planning and Zoning Commission as provided in subsection
20.100.080.C.1.
2.
Major Use Permits.
a.
Public Hearing. The Planning and Zoning Commission shall hold
a public hearing on each application for major use permit. Notice
of the public hearing shall be provided according to subsection 20.100.010.E.
b.
Action by Planning and Zoning Commission. Within thirty (30)
days after the public hearing, the Planning and Zoning Commission
shall grant or deny the application for major use permit or provide
for a continuance to act. If the Commission does not act or grant
a continuance within thirty (30) days after the close of the public
hearing, the application shall be deemed to be approved.
Appeal: Decisions of the Planning and Zoning Commission may
be appealed to the City Council as provided in subsection 20.100.080.C.2.
D.
Required
Findings for Approving Use Permits. A minor use permit may be approved
by the Community Development Director, and a major use permit may
be approved by the Planning and Zoning Commission only if all of the
following findings can be made:
1.
Necessity, Desirability, Compatibility. That the size, intensity
and location of the proposed use will provide a development that is
necessary or desirable for, and compatible with, the neighborhood
or the community; and
2.
Adverse Impacts. That such use as proposed will not be detrimental
to the health, safety, convenience, or general welfare of persons
residing or working in the vicinity, or physically injurious to property,
improvements or potential development in the vicinity, with respect
to aspects including but not limited to the following:
a.
The nature of the proposed site, including its size and shape, and
the proposed size, shape and arrangement of structures;
b.
The accessibility and traffic patterns for persons and vehicles,
the type and volume of such traffic, and the adequacy of proposed
off-street parking and loading;
c.
The safeguards afforded to prevent noxious or offensive emissions
such as noise, glare, dust and odor;
d.
Treatment given, as appropriate, to such aspects as landscaping,
screening, open spaces, parking and loading areas, service areas,
lighting and signs; and
3.
Consistency with Zoning Ordinance, General Plan and Specific Plan.
That such use or feature as proposed will comply with the applicable
provisions of this chapter and will be consistent with the policies
and standards of the General Plan and any applicable specific plan.
E.
Conditions of Use Permit Approval. Conditions of approval may be
imposed by the Community Development Director or the Planning and
Zoning Commission, as the case may be, to prevent or minimize adverse
impacts upon the public and the City's neighborhoods and to ensure
compatibility of land uses. Conditions of approval may include, but
are not limited to: limitations on size, bulk and location; operational
characteristics such as hours of operation; standards for landscaping,
buffering and lighting, adequate ingress and egress; adequate parking
provisions, and other on-site improvements; and expiration of the
permit at a certain date or under specified circumstances.
F.
Temporary Use Permits. A temporary use permit authorizing certain
temporary use classifications shall be subject to the following provisions.
1.
Temporary Uses Requiring a Permit. A temporary use permit is required for uses or signs listed in subsection 20.20.090.
2.
Application and Fee. A completed application form, accompanied
by the required fees shall be submitted to the Community Development
Director.
3.
Approval Procedure. The Community Development Director shall
approve, approve with conditions, or deny a complete application within
five (5) working days. No notice or public hearing shall be required.
4.
Findings for Approval of Temporary Use Permit. Prior to approving
the application for a temporary use or sign, the Community Development
Director shall make all of the following findings:
a.
The proposed temporary use or temporary sign will be located,
operated and maintained in a manner consistent with the policies of
the General Plan and the provisions of this chapter.
b.
Approval of the application will not be detrimental to property
or improvements in the surrounding area or to the public health, safety
or general welfare.
5.
Conditions of Approval of Temporary Use Permit. In approving
a temporary use permit, the Community Development Director may impose
reasonable conditions necessary to:
a.
Achieve the general purposes of this ordinance and the specific
purposes of the zoning district in which the temporary use will be
located, or to be consistent with the General Plan;
b.
Protect the public health, safety, and general welfare;
c.
Ensure operation and maintenance of the temporary use or temporary
sign in a manner compatible with existing uses on adjoining properties
and in the surrounding area.
d.
Establish appropriate limitations on the duration of the temporary
use, and the hours of operation of the use as appropriate.
[Ord. No. 04-09]
A.
Purpose and Applicability of Variances.
1.
Purpose. These provisions are intended to prescribe requirements
which must be met in order to allow variations from the strict application
of the provisions of this chapter, by reason of exceptional circumstances
and other specified conditions.
2.
Applicability. Variances are required for deviations from established
development standards in this chapter, and they are granted only if
unique circumstances constrain development of a site.
3.
Limitations. In no case shall a variance be granted to permit
a use other than a use permitted in the zoning district in which the
site is located; to increase the permitted residential density; or
to establish a newly-created lot that does not meet the minimum lot
area or minimum lot width requirements of the zoning district. An
amendment to the text or map is required for any use not allowed as
of right by this chapter, or with a zoning clearance or a use permit.
B.
Procedures. Applications for Variances are subject to the common procedures in subsection 20.100.010 and the following specific procedures.
1.
Public Hearing. The Planning and Zoning Commission shall hold
a public hearing on each application for variance. Notice of the public
hearing shall be provided according to subsection 20.100.010.E.
2.
Action by Planning and Zoning Commission. Within thirty (30)
days after the public hearing, the Planning and Zoning Commission
shall grant or deny the application for variance or provide for a
continuance to act. If the Planning and Zoning Commission does not
act or grant a continuance within thirty (30) days, the application
shall be deemed to be approved.
C.
Required Findings for Approving Variances. A variance may be granted
only if the Planning and Zoning Commission makes all of the following
findings:
1.
Unique Site Characteristics. That there are exceptional or extraordinary
circumstances applying to the property involved, including size, shape,
topography, location or surroundings, and
2.
Preservation of Property Rights. That the strict application
of this chapter deprives such property of privileges enjoyed by other
property in the vicinity and under identical zoning classification;
and
3.
No Special Privilege. That such variance will not constitute
a grant of special privilege inconsistent with limitations imposed
on similarly zoned properties; and
4.
Adverse Impacts. That the granting of such variance will not
be materially detrimental to the public welfare or materially injurious
to the property or improvements in the vicinity; and
5.
Limitations. That such variance does not permit a use other
than a use permitted in the zoning district in which the site is located,
increase the permitted residential density, or establish a newly-created
lot that does not meet the minimum lot area or minimum lot width requirements
of the zoning district.
D.
Conditions of Approval of a Variance. Conditions of approval may
be imposed by the Planning and Zoning Commission to assure that the
adjustment authorized by the variance shall not constitute a grant
of special privileges inconsistent with the limitations on other properties
in the vicinity and district in which the property is located. Conditions
of approval may include, but are not limited to: limitations on size,
bulk and location; standards for landscaping, buffering and lighting,
adequate ingress and egress; and other on-site improvements.
[Ord. No. 04-09; Ord. No. 2017-05; amended 9-6-2022 by Ord. No. 2022-03; 12-4-2023 by Ord. No. 2023-06]
A.
Purpose and Intent. The purpose of design review is to ensure that
designs of projects that are subject to review will result in improvements
that are visually and functionally appropriate to their site conditions
and harmonious with their surroundings, including natural landforms
and vegetation. Additional purposes of design review are to ensure
that signs are consistent with the character and scale of the buildings
and streets; that retention and maintenance of existing buildings
and landscape features are considered; that site access is sufficient;
and that public policies for water conservation and solid waste management
are considered in project planning.
B.
Scope of Design Review.
1.
Requirement. Design review shall be required for all developments,
buildings or other structures, permanent signs and other public or
private facilities constructed or modified in any district, including
mobile home dwellings, except as exempted in 2 below.
2.
Exemptions. The following activities are exempt from design
review:
a.
Interior improvements;
b.
Normal repairs or replacement;
c.
Accessory buildings which are located in a rear yard and do
not exceed one hundred-twenty (120) square feet in area and twelve
(12) feet in height.
d.
The following types of signs:
1)
Signs which are allowed without a sign permit, as listed in
Section 20.36.
e.
Television and other antennas.
f.
Roof replacement materials, flashing, roof vents, gutters and
downspouts, on residential buildings.
g.
Skylights on residential buildings, not to exceed a twelve (12)-inch
projection above the roof surface.
h.
Other minor exterior alterations that the Community Development
Director may determine are similar in visual impact to those listed
herein.
C.
Procedures. Common procedures in subsection 20.100.010 apply. The authorities and duties for design review are as follows:
1.
Approval Authority for Design Review of Residential and Nonresidential
Projects. Design review will be performed by the Community Development
Director or the Planning and Zoning Commission, based on the size
and character of the proposed project, as shown in Table 11 below.
2.
Duties of Community Development Director. The Community Development
Director shall review and approve or deny design review applications
for which that office is responsible, according to the standards of
review of this section. However, the Community Development Director
may refer any such application to the Planning and Zoning Commission
if the proposed project involves significant issues of policy or design,
or any issues of public controversy.
a.
Public Hearing. The Community Development Director shall hold
a public hearing on each design review application for which the Director
has authority. Notice of the public hearing shall be provided according
to subsection 20.100.010.E
b.
Action by Community Development Director. Within thirty (30)
days after the hearing, the Community Development Director shall grant
or deny the application for design review approval. If the Community
Development Director does not act within thirty (30) days after the
hearing, the application shall be deemed to be approved.
c.
Appeal. Decisions of the Community Development Director may be appealed to the Planning and Zoning Commission as provided in subsection 20.100.080.
3.
Duties of Planning and Zoning Commission. The Planning and Zoning
Commission shall review and approve or deny projects for which that
body is responsible, according to the standards of review of this
section. In addition, the Planning and Zoning Commission shall review
and decide on any application referred by the Community Development
Director.
a.
Public hearing. The Planning and Zoning Commission shall hold
a public hearing on each design review application for which the Commission
has authority.
b.
Notice. Notice of the public hearing shall be provided according
to subsection 20.100.010.E.
c.
Action by Planning and Zoning Commission. Within thirty (30)
days after the public hearing, the Planning and Zoning Commission
shall grant or deny the application for design review approval or
provide for a continuance to act. If the Commission does not act or
grant a continuance within thirty (30) days after the close of the
public hearing, the application shall be deemed to be approved.
d.
Appeal. Decisions of the Planning and Zoning Commission may be appealed to the City Council as provided in subsection 20.100.080.
|
Table 11. Authority for Design Review (20.100.050)
| ||
|---|---|---|
|
Use
|
Review by Community Development Director
|
Review by Planning and Zoning Commission
|
|
Residential
|
Alterations or additions less than 400 square feet, except second
story additions.
Accessory structures greater than 120 square feet and less than
400 square feet.
All secondary residential units.
Decks which measure 36 inches or more above grade.
|
New construction or additions of 400 square feet or more.
Accessory structures of 400 square feet or more.
All second story additions.
Any new construction or addition that significantly changes
roof lines of an existing structure.
All exceptions to district height limits.
Applications referred by Community Development Director.
|
|
Nonresidential
|
Signs and awnings as follows, provided they do not involve substantial
architectural alterations:
-Projecting signs
-Awnings (with signage)
-Awnings (without signage)
New construction or additions of less than 400 square feet.
Minor exterior alterations, not subject to P&Z review, including
materials or color changes.
|
New construction or additions of 400 square feet or more.
Any project that changes roof lines.
All exceptions to district height limits.
Any project, including signs or awnings, that replaces or conceals
existing exterior architectural details.
Master sign program.
Applications referred by Community Development Director.
|
|
Note: All building square feet refer to gross floor area.
|
D.
Standards of Review. The reviewing authority shall evaluate all applications
for new construction, additions or modifications in terms of their
adherence to the following standards, to the extent they are applicable
to the project under review.
1.
General Standards. The following standards are applicable to
all projects for which design review is required:
a.
General Plan. New development and the alteration of existing
development is consistent with applicable goals, policies and programs
of the Albany General Plan.
b.
Design Guidelines. Residential projects shall be reviewed for
conformance to the Residential Design Guidelines, and projects in
the SPC District along San Pablo Avenue for conformance to the San
Pablo Avenue Design Guidelines and Objective Design Standards.
c.
Site Planning. The planning of the site creates an internal
sense of order, and is visually and functionally harmonious with the
surroundings of the project site; the design provides a desirable
environment for occupants and visitors. The design deals appropriately
with any constraints on development of the site.
d.
Access. Access and circulation are safe and convenient for pedestrians
and vehicles. Where required, access for persons with disabilities
and facilities for bicycles are included.
e.
Architecture. The architectural design is of high quality and
is appropriate to the function of the project; the surroundings of
the project site are considered in determining the size, massing and
bulk of proposed buildings; materials and colors used are visually
harmonious with the surrounding environment, including natural land
forms and vegetation; where appropriate, the design promotes harmonious
transitions between different land uses.
f.
Landscape Design. The design of landscape improvements is coordinated
with architectural design; plant materials are selected with respect
to levels of maintenance effort appropriate to the project, with consideration
of the need to conserve water.
g.
Natural Features. The project design preserves trees and other
natural features to the greatest possible extent, avoiding indiscriminate
clearing of property and excessive and unsightly grading, particularly
on steep slopes.
h.
Signs. The design and location of signs and their materials
and colors are consistent with the character and scale of the buildings
to which they are attached or which are located on the same site,
and with the character of the street upon which they front; signs
are visually harmonious with surrounding development; signs are consistent
with provisions of Section 20.36, Signs.
i.
Coordination of Design Details. Details of the site plan, architectural
and landscape designs, signage and exterior illumination are coordinated
for an attractive and harmonious setting. Details of the floor plans
and other interior planning are coordinated with other design elements
to the extent that these interior elements may affect exterior appearance
or the potential use of structures. Elements such as mechanical equipment,
delivery areas and refuse storage are screened from public view.
j.
Retention and Maintenance of Buildings. The project design process
has considered the maintenance, rehabilitation and improvement of
existing buildings and structures.
k.
Solid Waste. The project design provides adequate space and
facilities for the storage and handling of solid waste and recyclable
materials, consistent with the County's Waste Management Program.
l.
Privacy. Attention has been given in the design of the project
to avoid significant interference with the privacy enjoyed by residential
occupants of adjacent properties. This shall include consideration
of the locations of windows, public entries, parking and service areas,
among other elements. Appropriate solutions may include the use of
devices such as landscape screening, fences, or obscure glass. The
Planning and Zoning Commission should approach solutions with an intent
to balance the respective benefits and burdens of the project and
the residents of adjacent properties.
2.
Additional Specific Standards for Single-Family Residential
Additions. The following standards shall apply in addition to those
listed in paragraph A above.
a.
The addition is consistent with the scale, massing and other
architectural features of the existing structure. Factors such as
roofline, trim details, window type and placement and other design
elements which affect exterior appearance will ensure compatibility
with the structure to which the addition will be made. The mass of
the resulting building has been considered in relation to the visual
impact from the street, lot size and the placement on the lot, as
well as the compatibility of the project with adjacent structures
and integration with the surrounding neighborhood.
3.
Additional Specific Standards for Residential Additions Which
Exceed the 28-Foot Height Limit in the R-1 Zoning District. In addition
to standards listed in paragraphs a and b above, where the Planning
and Zoning Commission grants a use permit for a height exception,
pursuant to subsection 20.24.100.E., for a second story addition that
exceeds the maximum height of twenty-eight (28) feet in an R-1 Zoning
District the Planning and Zoning Commission shall make the following
considerations in design review:
a.
The existing architectural character and design of the house
is maintained.
b.
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.
E.
Findings for Design Review Approval. A design review application
may be approved by the Planning and Zoning Commission or the Community
Development Director, if, on the basis of the application and the
evidence submitted, the Commission or the Community Development Director
makes the following findings, insofar as they are applicable to the
particular case.
1.
The project conforms to the General Plan, any applicable specific
plan, applicable design guidelines adopted by the City of Albany,
and all applicable provisions of this chapter.
2.
Approval of project design is consistent with the purpose and
intent of this section.
3.
Approval of the project is in the interest of the public health,
safety and general welfare.
4.
The project is in substantial compliance with applicable general
and specific Standards for Review stated in subsection 20.100.050.D.
5.
In approving any project within the San Pablo Avenue Specific
Plan planning area, the Planning and Zoning Commission or the Community
Development Director shall further find that the City-adopted San
Pablo Avenue Design Guidelines and Objective Design Standards have
been considered and incorporated in the project. The Planning and
Zoning Commission may grant exceptions to the criteria, provided one
(1) or more of the following findings are made:
a.
There are specified special circumstances applicable to the
property, such as size, shape, location of existing structures, or
traffic conditions, which cause practical difficulties in the application
of the design guidelines.
b.
The Planning and Zoning Commission recognizes that the proposal
exhibits a superior level of design which exceeds the approved criteria.
c.
With the granting of an exception, development on the site will
achieve the overall purposes of the design guidelines, and the development
will not be detrimental to the public welfare or injurious to persons
or property in the vicinity.
[Ord. No. 04-09]
A.
Planned Unit Development Regulations and Review Procedures. The purpose
of the planned unit development regulations is to promote flexibility
of design and increase available usable open space in developments
by allowing diversification in the relationships of various buildings,
structures and open spaces in building groups and the allowable heights
of the buildings and structures, while insuring substantial compliance
with the district regulations and other provisions of this chapter.
The intent of this chapter in requiring adequate standards related
to the public health, safety and general welfare, shall be observed
without unduly inhibiting the advantages of modern large-scale site
planning for residential, commercial or industrial purposes.
B.
Application and Minimum Area. The planned unit development regulations
may be applied within any residential, commercial or industrial zoning
district. The minimum area for any planned unit development shall
be seven thousand five hundred (7,500) square feet in the R-1, R-2
and RHD Districts, and ten thousand (10,000) square feet in the R-3,
R-4, and Commercial Districts.
C.
Planned Unit Development Procedures and Development Plan. A planned unit development shall be approved pursuant to the use permit procedures in subsection 20.100.030. Applications for planned unit development approval shall be accompanied by a plan for such development as provided for in Paragraph H. below.
D.
Permitted Uses. Any use or combination of uses which is permitted
by the Albany General Plan as it applies to the proposed site may
be permitted in the planned unit development. In the case of residential
uses, any dwelling unit type may be permitted, as long as there is
compliance with the density requirements of Paragraph E. below.
E.
Residential Density Requirements Where Applicable. In applications
involving residential dwellings, the number of units permitted in
a planned unit development shall be determined by first subtracting
the areas of all street rights-of-way and private streets from the
gross area of the planned unit development, and dividing the resulting
net area of the development by the minimum lot area per dwelling unit
required in the district within which the planned unit development
is located.
F.
Standards of Development. Exceptions to the usable open space, lot
area, lot width, lot coverage, yards, height, parking, loading, sign,
screening and landscaping requirements of the applicable zoning district
may be allowed when it can be demonstrated that such exceptions would
result in a more desirable development. In granting exceptions to
the above standards, the Planning and Zoning Commission shall consider
additional amenities, such as usable open space, provided by the development.
In all cases, each structure shall conform to the development plan.
G.
Planned Unit Development Approval Required. Where use is made of
the planned unit development process, as provided in this subsection,
no building permit shall be issued for such development, or tentative
subdivision or tentative parcel map approved, or part thereof, until
the Planning and Zoning Commission has approved the development as
herein provided.
H.
Planned Unit Development Plan.
1.
Application. Application for a planned unit development permit
shall be made on a prescribed form by the owner or an agent of the
owner. The application shall be accompanied by a development plan
consisting of a map and supplemental information, in the number of
copies that may be prescribed by the Community Development Department.
2.
Development Plan Map. The development plan map shall include
the following information:
a.
Intended lot layout including common areas, if any.
b.
Existing contours at two (2) foot intervals if the existing
ground slope is less than ten (10%) percent and at not less than five
(5) foot intervals for existing ground slopes greater than or equal
to ten (10%) percent.
c.
Proposed automobile and bicycle access and pedestrian ways.
d.
Location of trees over five (5) feet in height and other major
natural features.
e.
Areas proposed to be dedicated or reserved for easements, parks,
parkways, playgrounds, public or quasi-public buildings and other
such uses.
f.
Proposed location of buildings, setback and yard areas.
g.
Preliminary floor plans and elevations of proposed buildings.
h.
Proposed off-street parking and loading areas.
i.
Preliminary design plans for proposed landscaping, fencing and
screening.
j.
Provisions for drainage of surface waters; watercourses and
sewage disposal plans.
3.
Supplemental Information. The supplemental information shall
include the following:
a.
A schedule for the development of units to be constructed in
progression;
b.
A description of the design principles for buildings, landscaping
and streetscapes;
c.
Tabulation of total number of acres in the proposed project
and percent thereof designated for various uses;
d.
The number of dwelling units proposed by type of dwelling for
each unit of development and estimated residential population by type
of dwelling;
e.
If applicable, a description of how the development is proposed
to conform to any inclusionary housing requirements of the City;
f.
Proposed retail sales area if any; and
g.
A statement setting forth a program for installation and continued
maintenance of parking areas, lighting, courts, public and private
grounds, landscaping, streets, utilities, parks, playgrounds, or public
or quasi-public community buildings and facilities, including copies
of legal documents for dedication or reservation for group or private
open space, or for the creation of nonprofit homeowner's associations.
h.
A written statement explaining how major site development problems
such as flooding, access, seismic hazards, if any, will be mitigated.
i.
A description of any requested exceptions to the requirements
of the applicable zoning district, together with a description of
benefits or amenities proposed which would cause the development to
be more desirable to the City than would a development that did not
request such exceptions.
4.
Additional Information. Additional information may be required
by the Planning and Zoning Commission such as grading plans, geologic
and soils investigations including slide areas, and foundation plans
for developments in the Residential Hillside Development (RHD) Zoning
District.
5.
Subdivision Map. The information on the development plan map
may be depicted on a tentative subdivision map or tentative parcel
map, if such maps are required, provided, however, that all required
information is included and that a planned unit development permit
is issued prior to or concurrent with the approval of a tentative
subdivision or tentative parcel map.
I.
Required Findings. In addition to the findings required for approval of a use permit as stated in subsection 20.100.030, the Planning and Zoning Commission shall make all of the following findings:
1.
Necessity. The planned unit development demonstrates the advantages
of modern, large-scale site planning to an extent that could not be
achieved without the planned unit development procedure.
2.
Exceptions Warranted. Any exceptions to the requirements of
the applicable zoning district are warranted by an exceptional level
or amenity or other benefits to the community, which could not be
achieved without the exceptions.
3.
Substantial Compliance. The degree and extent of any exceptions
granted does not prevent the development from being in substantial
compliance with the regulations of the applicable zoning district.
[Ord. No. 04-09; Ord. No. 2017-05 § 4]
A.
Purpose. These provisions are intended to prescribe procedures by
which amendments may be made to this chapter, including changes to
the text and changes to the boundaries of any zoning district.
C.
Findings. An amendment to this chapter may be recommended by the
Planning and Zoning Commission and adopted by the City Council only
if the following findings are made:
D.
Procedures. Review of a proposed amendment to the text or map shall be subject to the applicable common procedures in subsection 20.100.010. In addition the following procedures shall be followed:
1.
Planning and Zoning Commission Public Hearing(s). The Planning
and Zoning Commission shall hold at least one (1) public hearing on
any proposed amendment. The first such hearing shall be held within
one hundred twenty (120) days following the date of the initiation
of the amendment. Notice of a public hearing on any proposed amendment
shall be given pursuant to California Government Code Section 65090.
If the proposed amendment affects the uses of real property, notice
shall also be given pursuant to Government Code Section 65091. Failure
to receive the notice required by this subsection shall not invalidate
an action to approve the amendment. The public hearing(s) may be continued
at the discretion of the Planning and Zoning Commission.
2.
Action by Planning and Zoning Commission. Following the aforesaid
hearing(s), the Planning and Zoning Commission shall file a report
of its findings and recommendations with respect to the proposed amendment
with the City Council within ninety (90) days after the date of the
first of the hearings; provided that such time limit may be extended
as stipulated in a resolution of intention of the City Council, or
upon the mutual agreement of the parties having an interest in the
proceedings. Failure of the Planning and Zoning Commission so to report
within ninety (90) days without the aforesaid agreement shall be deemed
to be a recommendation for approval of the proposed amendment by the
Planning and Zoning Commission. The Planning and Zoning Commission
may recommend that the proposed amendment be adopted, adopted with
modifications, or rejected.
3.
Action by City Council.
a.
Except as provided in (b) below, when the Planning and Zoning
Commission has provided a recommendation on a proposed amendment,
or upon the expiration of the ninety (90) days as aforesaid, the City
Council shall set the matter for public hearing after providing notice
in the same manner as required in subsection 20.100.070.D.1 for a
Planning and Zoning Commission hearing. After the conclusion of such
hearing, the City Council may adopt the amendment or any part thereof
in such form as it may deem to be advisable. The decision of the City
Council shall be rendered within one hundred-twenty (120) days after
either receipt of the report from the Planning and Zoning Commission
or the expiration of ninety (90) days as aforesaid.
b.
If the Planning and Zoning Commission has recommended against
the adoption of an amendment that would change property from one zoning
district to another, the City Council shall not be required to take
further action, except that any interested party, pursuant to California
Government Code Section 65856, may request a hearing by filing a written
request with the City Clerk within five (5) days after the Planning
and Zoning Commission has filed its recommendations with the City
Council.
c.
If the City Council proposes a modification not previously considered
by the Planning and Zoning Commission, the Council shall refer such
modification to the Planning and Zoning Commission, pursuant to Government
Code Section 65857. The Planning and Zoning Commission shall review
and recommend upon the modification within forty (40) days of referral
by the City Council, or within such longer period as may be provided
by the City Council. Failure by the Planning and Zoning Commission
to report on the modification shall be deemed as a recommendation
by the Commission for approval.
4.
Urgency Measure. Notwithstanding procedures established by Paragraphs
1 through 3 above, the City Council may amend a provision of this
chapter through adoption of an interim zoning ordinance as an urgency
measure, pursuant to Government Code Section 65858.
E.
Effective Date. The effective date for zoning amendments shall be
thirty (30) days following the approval by the City Council of the
second reading, pass to print, of the amending ordinance, unless otherwise
adopted in accordance to the law.
[Ord. No. 04-09; Ord. No. 09-011 § 22]
A.
Purpose. This subsection establishes general provisions for appeals
and a hierarchy of appeals, consistent with the decision-making process,
for permit applications.
B.
Authorization for Appeal. To avoid results inconsistent with the
purposes of this chapter, administrative decisions of the Planning
staff may be appealed to the Planning and Zoning Commission, and decisions
of the Planning and Zoning Commission may be appealed to the City
Council. Appeals on specific types of actions are established in Table
12 below.
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Table 12. Appeals Procedures (20.100.080)
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|---|---|---|
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Type of Decision
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First Appeal
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Second Appeal
|
|
Administrative Actions and Permits
|
Planning & Zoning Commission
|
City Council
|
|
Conditional Use Permit (nonadministrative)
|
City Council
|
Judicial Review
|
|
Variance
|
City Council
|
Judicial Review
|
|
Design Review (nonadministrative)
|
City Council
|
Judicial Review
|
|
Amend Text or Map
|
Judicial Review
|
---
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C.
Rights of Appeal.
1.
Administrative Actions Appealable. Any person aggrieved by a
decision to grant or deny a permit or action taken by the Planning
staff or any other City Official under the provisions of this chapter,
or any person aggrieved by an administrative determination or interpretation
made in conjunction with a decision to grant, deny, or comply with
a determination made pursuant to a provision of this chapter, may
appeal such action to the Planning and Zoning Commission.
2.
Planning and Zoning Commission Action Appealable.
a.
Any person aggrieved by a decision to grant or deny a permit
or action taken by the Planning and Zoning Commission under the provisions
of this chapter may appeal such action to the City Council. Notice
of Appeal should clearly and concisely set forth the grounds upon
which the appeal is based, and be accompanied by the appropriate fee.
b.
City Council members: A member of the City Council may call
up any action of the Planning and Zoning Commission for review one
time per calendar year without being considered an aggrieved person.
If a Council member requests review, there should be a presumption
applied that the reason for the review is that the action has significant
and material effects on the quality of life within the City of Albany.
No inference of bias shall be made or implied due to such a request
for review being filed by a Council member. The appeal fees shall
be waived to a maximum of one request for review per council member,
per calendar year.
D.
Time Limit and Initiation of Appeals. In order to initiate an appeals
process, the person(s) who wish(es) to file an appeal must complete
and submit a Notice of Appeal form within fourteen (14) calendar days
following the date of the action or determination being appealed and
pay the appropriate fee, except Council members who are entitled to
a fee waiver as per subsection 20.100.080.C.2.b. The appeal shall
be filed with the staff/clerk of the appropriate appellate body.
1.
Grounds for Appeal. The application shall state the specific
grounds for the appeal. These may include:
a.
A description of the asserted error or abuse of discretion by
the body whose decision is being appealed.
b.
A description of how it is claimed a standard or review criteria
was incorrectly applied;
c.
A description of how the decision is not supported by the evidence
in the record; or
d.
A description of how the decision creates an inconsistency with
the Albany General Plan or the Albany Municipal Code.
2.
Limitations on Initiation. Any action or inaction of the Planning
and Zoning Commission on an appeal may be appealed to the City Council.
Any action or inaction of the City Council on an appeal shall be final.
E.
Procedures: Approval of appeals shall be subject to the applicable
common procedures in this Planning and Zoning chapter. In addition,
the following provisions shall be applied:
1.
Scheduling an Appeal Hearing. A matter being appealed shall
be scheduled within thirty (30) days following the filing date of
the appeal. Notice shall be provided in the same manner as required
when the matter was originally scheduled for hearing or as otherwise
required by law. The appeal hearing shall be heard where feasible
within sixty (60) days following the filing date of the appeal.
2.
Procedural Requirements for the Appeal Hearings. At the appeal
hearing, the applicant and the appellant shall have an opportunity
to comment on the application, the information in the record, the
action, and the appeal.
3.
Action on Appeals. In reviewing an appeal, the Planning and
Zoning Commission or the City Council shall act in accordance with
the following provisions:
a.
Allowable Actions: The Commission or the Council shall either
affirm, affirm with modifications, reverse the action being appealed,
or make such other decisions or determinations or impose such other
conditions as are appropriate, including returning the matter to the
original decision making body or person.
b.
No Action: The power to make a decision shall also include the
power to take no action. Inaction shall be interpreted as an affirmation
of the previously rendered decision. A tie vote shall mean that no
action is taken and shall result in the affirmation of the previously
rendered decision.
F.
Standards. When reviewing any decision of the Planning and Zoning
Commission on appeal, the City Council shall use the same standards
for decision making and is required to make findings in accordance
with the Municipal Code. The Council may adopt the Planning and Zoning
Commission's decision and findings as its own. In either case, the
City Council shall have the option to prepare a resolution stating
the Council's decision or shall render its decision by minute action.
G.
Effective Date. Appeal decisions of the Planning and Zoning Commission
shall become effective ten days following the decision, unless a second
appeal has been filed. Appeal decisions of the City Council shall
become effective on the date of the decision.
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SEVERABILITY: If any section, subsection, sentence, clause,
or phrase of this ordinance is for any reason held to be invalid,
such decision shall not affect the validity of the remaining portions
of the ordinance, and each section, subsection, sentence, clause,
or phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid.
|
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PUBLICATION: This ordinance shall be published in a newspaper
of general circulation in the city of Albany, which said newspaper
is designated for that purpose, or it shall be posted in three locations.
|
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EFFECTIVE DATE: This ordinance shall become effective 30 days
on or after its final passage and adoption and publication.
|
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SIGNED:
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|
______________________________________________
JON ELY
MAYOR
|
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Date: December 6, 2004
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