Chapter 20

PLANNING AND ZONING

§ 20.24

DEVELOPMENT REGULATIONS

§ 20.16 LAND USE CLASSIFICATIONS § 20.24.010. Purpose. § 20.24.020. Tables of Site Regulations by § 20.16.010. Purpose and Applicability. Districts. § 20.16.020. Residential Use Classifications. § 20.24.030. Overlay District Regulations.

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City of Albany, CA

ALBANY CODE

• § 20.24.040. Hillside Residential Regulations.

• § 20.24.050. Floor-Area Ratios. § 20.24.060. Setback Areas, Encroachments. § 20.24.070. Setbacks With Daylight Planes. § 20.24.080. Height Limits and Exceptions. § 20.24.090. Usable Open Space. § 20.24.100. Distances Between Structures. § 20.24.110. Fences, Landscaping, Screening.

• § 20.24.120. Refuse Storage Areas. § 20.24.130. Accessory Structures. § 20.24.140. Temporary Buildings. § 20.24.150. Manufactured Homes. § 20.24.160. Commercial Storefront Design. § 20.24.170. Development on Lots Divided by Zoning District Boundaries.

• § 20.24.180. Mechanical Equipment. § 20.24.190. Community Benefits for San Pablo Avenue Specific Plan.

• § 20.32.030. General Regulations. § 20.32.035. Message Neutrality.

• § 20.32.040. Temporary Commercial Signs. § 20.32.045. Temporary Noncommercial Signs.

• § 20.32.050. Prohibited Signs.

• § 20.32.055. Signs Exempt from Permit.

• § 20.32.060. Changes to Existing Permitted Signs.

• § 20.32.065. Authority for Review.

• § 20.32.070. Application, Fees, and Accompanying Material.

• § 20.32.075. Allowable Sign Area by Zoning District.

• § 20.32.080. Development Standards by Sign Type.

• § 20.32.085. Allowable Signs by Type and Zoning District.

• § 20.32.090. Master Sign Program Requirements.

• § 20.32.095. Severability.

§ 20.36 PERFORMANCE STANDARDS

• § 20.28.010. Purpose. § 20.28.020. Citywide General Regulations and Exceptions.

• § 20.28.030. Citywide Parking Space Requirements.

• § 20.28.040. Waterfront (WF) District Parking Regulations and Exceptions.

• § 20.28.050. Parking Area Standards. § 20.28.060. Off-Street Loading. § 20.28.070. Loading Space Requirements. § 20.28.080. Loading Area Standards. § 20.32 SIGNS

• § 20.32.010. Purpose. § 20.32.015. Regulatory Scope. § 20.32.020. Definitions (A-Z). § 20.32.025. Evaluation Standard.

• § 20.36.010. Purpose, Applicability, Exceptions and Enforcement.

• § 20.36.020. Standards.

  • § 20.40

  • HOUSING PROVISIONS

• § 20.40.010. Purpose and Intent. § 20.40.020. Definitions. § 20.40.030. Inclusionary Housing. § 20.40.040. Density Bonus. § 20.40.050. Distribution and Development Criteria of Affordable Units.

• § 20.40.060. Housing for Persons with Disabilities.

• § 20.40.070. Emergency Shelter. § 20.40.080. Housing Provisions.

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City of Albany, CA

PLANNING AND ZONING

§ 20.44 NONCONFORMING USES, STRUCTURES AND LOTS

• § 20.44.010. Purpose and Applicability. § 20.44.020. Status and Continuation of Nonconformity.

• § 20.44.030. Maintenance and Alteration of Nonconformity.

• § 20.44.040. Abandonment of Nonconforming Use.

• § 20.44.050. Restoration of Damaged Structures.

§ 20.48 REMOVAL OF TREES

• § 20.48.010. Purpose. § 20.48.020. Applicability. § 20.48.030. Tree Removal Permission. § 20.48.040. Appeals. § 20.48.050. Emergency Approval. § 20.48.060. Exceptions.

§ 20.52

FLOOD DAMAGE PREVENTION REGULATIONS

• § 20.52.010. Purpose. § 20.52.020. Definitions (A-Z). § 20.52.030. General Provisions. § 20.52.040. Administration. § 20.52.050. Permit Approval, Variances and Appeals.

• § 20.52.060. Flood Hazard Reduction Standards.

§ 20.56.050. Developer Construction of Facilities.

§ 20.58 ART IN PUBLIC PLACES PROGRAM

• § 20.58.010. Purpose. § 20.58.020. Definitions. § 20.58.030. Exemptions. § 20.58.040. Art in Public Places Program Requirement.

• § 20.58.050. Art in Public Places Fund. § 20.58.060. Maintenance and Relocation. § 20.58.070. Implementation Procedures. § 20.58.080. Hardship or Infeasibility Exemption.

§ 20.60 CONDOMINIUM AND OTHER COMMUNITY HOUSING CONVERSIONS

• § 20.60.010. Purpose. § 20.60.020. Applicability.

• § 20.60.030. Items to Accompany Tentative Map.

• § 20.60.040. Items to Accompany Final Map.

• § 20.60.050. Requirements for Approval, Physical.

• § 20.60.060. Requirements for Approval, Non-Physical.

• § 20.60.070. Application Review and Evaluation.

• § 20.60.080. Provision for Tenants.

§ 20.64

WATER REUSE

§ 20.56 CAPITAL FACILITIES FEE

• § 20.56.010. Purpose and Authority. § 20.56.020. Description. § 20.56.030. Definitions (A-Z). § 20.56.040. Limited Use of Fees.

• § 20.64.010. Purpose. § 20.64.020. Definitions.

• § 20.64.030. Use and Distribution of Recycled Water.

• § 20.64.040. Requirement for Subdivisions in Recycled Water Area.

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City of Albany, CA

ALBANY CODE

Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 78-07, 79-011, 80-02, 81-05, 81-06, 82-03, 83-05, 83-06, 83-07, 86-05, 87-019, 89-004, 89-09, 90-07, 91-03, 91-04, 91-06, 94-4, 94-011, 96-03, 96-07, 96-013, 97-06, 97-08, 99-06, 01-01, 01-03 and 03-01. Ordinance No. 04-09, which established Chapter 20, Planning and Zoning, was adopted on December 6, 2004.

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City of Albany, CA § 20.04.010

PLANNING AND ZONING

§ 20.04.060

This chapter of the Albany Municipal Code shall be known and cited as the Zoning Ordinance of the City of Albany, California.

• A. Zoning Ordinance of the City of Albany, California, is hereby adopted. The Zoning Ordinance is consistent with and is based on the adopted General Plan for the City, and consists of the establishment of various districts within which certain regulations shall be in effect, as set forth in this chapter. The regulations specified in the chapter shall be subject to the general provisions and exceptions as set forth in the various sections. The Zoning Ordinance consists of the Zoning Ordinance text and Zoning Map.

The Zoning Ordinance is adopted in order to protect and to promote the public health, safety, peace, comfort, convenience, prosperity and general welfare. More specifically, the Zoning Ordinance is adopted in order to achieve the following objectives, which are listed in non-preferential order:

• A. To guide community growth along sound lines.

• B. To insure a harmonious, convenient relationship among land uses.

• C. To provide appropriate locations for needed community facilities.

• D. To promote commercial and industrial activities of appropriate types.

• E. To protect and enhance real property values within the City.

• F. To improve the City's appearance and to conserve and enhance its natural assets.

• G. To promote the achievement of the policies and recommendations of the General Plan.

• H. To provide opportunities for housing of all ages and economic groups.

The Zoning Ordinance consists of the establishment of various districts within the City. Within these districts the following activities, among others, are regulated: the erection, construction, alteration, movement and maintenance of certain buildings; the carrying out of certain trades or occupations; and the conducting of certain uses of buildings. The regulations and permitted uses vary from one (1) district to another.

In the event of a conflict between two (2) or more regulations contained in this chapter or between regulations contained in this chapter and the Building Code or other City regulations, or between regulations contained in this chapter and easements, covenants or other agreements now in effect, the more restrictive regulations or provisions shall apply.

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City of Albany, CA § 20.04.060

ALBANY CODE

§ 20.04.100

All officials, departments and employees of the City vested with the authority or duty to issue permits, certificates or licenses, shall conform with the provisions of this chapter and shall issue no permit, certificate or license which conflicts with the provisions of this chapter. Any permit, certificate or license issued in conflict with the provisions of this chapter shall be null and void. It shall be the duty of the Community Development Director to enforce the provisions of this chapter pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure.

• A. Any violation of this chapter is a public offense and the first three (3) violations may be treated as infractions, which are enforced and punishable in the manner prescribed by the Albany Municipal Code, the Penal Code, the Government Code of the State of California or other applicable law. To the fullest extent allowed under the law any penalty imposed shall be cumulative to any other penalty or remedy allowed under the law. The Community Development Director, or a designee of the Director, may arrest a violator and/or issue a notice to appear in the manner prescribed by Chapter 5c of Title 3, Part 2 of the Penal Code (or as the same may hereafter be amended). It is the intent of the City Council that the immunities prescribed in Section 836.5 of the Penal Code be applicable to public officers or employees pursuant to this subsection. Bail for infractions shall be as set by resolution of the City Council.

• B. Any person, firm, corporation or organization violating any provision of this chapter more than three (3) times in any twelve (12) month period may be charged with a misdemeanor and upon conviction by a court of competent jurisdiction thereof shall be punishable by a fine of not more than five hundred ($500.00) dollars or by imprisonment for a term not exceeding six (6) months, or by both such a fine and imprisonment.

• C. A person, firm, corporation or organization shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued or permitted by the person, firm, corporation or organization and shall be punishable as herein provided.

Any structure erected, moved, altered, enlarged or maintained and use of property contrary to the provisions of this chapter shall be, and is hereby declared to be, unlawful and a public nuisance, and the City Attorney shall immediately institute necessary legal proceedings for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps as may be necessary to accomplish these ends, and shall apply to a court of competent jurisdiction to grant such relief as will remove or abate the structure or use and restrain or enjoin the person, firm, corporation or organization from erecting, moving, altering or enlarging the structure or using the property contrary to the provisions of this chapter. All remedies provided for herein shall be cumulative and not exclusive.

This chapter, where applicable, shall apply to all property within the City whether owned by private persons, firms, corporations or organizations; by the United States of America or any of its agencies; by the State of California or any of its agencies or political subdivisions, including the University of California; by any County, City and County, City, including the City of Albany, or any of its agencies, or by any district organized under the laws of the State of California.

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City of Albany, CA § 20.04.100

PLANNING AND ZONING

§ 20.04.100

If any section, subsection or paragraph of this chapter shall be declared to be unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, such section, subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining sections, subsections or paragraphs of this chapter.

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City of Albany, CA § 20.08.010

PLANNING AND ZONING

§ 20.08.020

This section provides definitions of terms and phrases used in this chapter that are technical or specialized, or that may not reflect common usage. Where any of the definitions in this section may conflict with definitions in the other chapters of the Albany Municipal Code, these definitions will prevail for purposes of this chapter.

§ 20.08.020. Definitions (A-Z). [Ord. No. 04-09; Ord. No. 05-06; Ord. No. 07-01 § 1; Ord. No. 09-03 § 2; Ord. No. 09-011 § 1; Ord. No. 2015-03 § 2; Ord. No. 2017-07 § 1; amended 9-6-2022 by Ord. No. 2022-03; 1-16-2024 by Ord. No. 2023-07; 9-16-2024 by Ord. No. 2024-06; 2-3-2025 by Ord. No. 2025-01; 10-20-2025 by Ord. No. 2025-07]

ABUTTING DISTRICTS OR LOTS — Means districts or lots that share a common boundary line. Districts located across the street from one another are considered abutting.

ACCESSORY DWELLING UNIT or ADU (see also subsection 20.20.080.B) — Means an attached or a detached residential dwelling unit that provides complete independent living facilities—provisions for living, sleeping, eating, cooking, and sanitation/bathroom facilities—for one or more persons and is located on a lot with a proposed or existing primary dwelling. An accessory dwelling unit also includes the following:

• a.

  • An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

• b. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

AGGRIEVED — Means any person beneficially interested who is injured or wronged by an action.

ALTERATION, STRUCTURAL — Means any physical change to or removal of the supporting members of a building, foundation or bearing walls, columns, beams or girders or creation or enlargement of a window or door, or any change to the building envelope, including but not limited to a change of a roof line or roof shape, including creating, enlarging or extending a dormer.

APPLICANT, QUALIFIED — Means an individual with a freehold, possessory or contractual interest in land that is subject to an application for approval under this chapter, or the authorized agent of such an individual.

AREA, LOT — Means the total horizontal area included within the lot lines of a site.

AWNING — Means a temporary shelter, usually constructed of canvas, which is supported entirely from the exterior wall of a building.

BREEZEWAY — Means a structure for the principal purpose of connecting the main building on a site with any other structure on the same site.

BUILDING — Means any enclosed structure (e.g. roof and four walls).

BUILDING, ACCESSORY — Means a detached, subordinate building, the use of which is clearly incidental to that of a main building or to the use of the land.

BUILDING, MAIN — Means a building in which is conducted the principal use of the lot upon which it is situated.

BUILDING, TEMPORARY — Means a building not permanently attached to the ground or to a permanent foundation.

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City of Albany, CA § 20.08.020

PLANNING AND ZONING

§ 20.08.020

COMMISSION, PLANNING AND ZONING — Means the Planning and Zoning Commission of the City of Albany.

CONDOMINIUM — Means an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof.

CORNICE — Means a horizontal molded projection that crowns or completes a building or wall.

COURT — Means an open space, other than a yard, on the same site with a structure or group of structures and which is bounded on three (3) or more sides by the structure or structures.

COVERAGE, LOT — Means the land area covered by all the structures on a site, including all projections, except portions of uncovered decks, porches, landings, balconies, or stairways that are less than six (6) feet above grade and are not enclosed by walls on more than two (2) sides; eaves; trellises or other structures that do not have solid roofs. Coverage of ADUs with a maximum size of 800 square feet may be excluded from said calculation.

DAYLIGHT PLANE — Means a tilted plane that connects a vertical plane with a horizontal plane for the purpose of supplementing applicable setback requirements, with the vertical plane being based on a property line or a setback line, and the horizontal plane being based on a maximum height limit.

DENSITY, RESIDENTIAL — Means number of dwelling units per net acre, determined by dividing the number of dwelling units by the net acreage of the lot area, in acres. Net acreage shall be the area of the site less any land dedicated for public right-of-way or other public purpose, but excluding easements for access, utilities or other purposes that do not require dedication to public ownership.

DEVELOPMENT STANDARD — Means as used with respect to a density bonus in subsection 20.40.040, includes site or construction conditions that apply to a residential development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law policy, resolution, or regulation.

DISTRICT — Means a portion of the City within which certain regulations controlling land use, site area, coverage, yards and other open spaces, height of structures and other physical development standards, apply under the provisions of this chapter.

DRIVE-IN ESTABLISHMENTS — Means facilities which are so designed and operated as to enable persons to receive a service or purchase, or consume goods, while remaining within a motor vehicle.

DWELLING UNIT — Means a structure, building, or a portion of a structure or building, designed for occupancy by one (1) household for living and sleeping purposes. Does not include units within hotels or similar facilities that provide transient accommodations.

EAVE — Means the overhang of a roof that projects beyond the exterior walls of a structure.

FENCE — Means a structural barrier that defines or encloses an uncovered space such as a lot or a portion of a lot.

FLOOR AREA — Means the total horizontal area in square feet on each floor within and including the exterior walls of a structure but not including the area of inner courts, shaft enclosures, and mechanical equipment rooms.

FLOOR AREA RATIO — Means the proportion of building floor area per area of the parcel of land upon which the building rests. See subsection 20.24.050 for calculation information and qualifying exemptions.

FRONTAGE — Means the property line of a site abutting on a street.

GAMING ACTIVITIES — Means gambling; betting.

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City of Albany, CA § 20.08.020

ALBANY CODE

§ 20.08.020

GLARE — Means annoyance, discomfort or loss of visual performance and visibility to the eye, experienced by a viewer with a direct line of sight to a light source.

GRADE — Means the elevation, above a reference level such as mean sea level, of any point or points on a ground surface. Also, the degree of inclination between points on a ground surface.

GRADE, FINISH — Means the lowest point of the finished surface of the ground between a building and a property line or, where the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building; or, where there is an approved grading plan, the final configuration of the terrain in conformance with the approved grading plan.

GRADE, NATURAL — Means the original, unaltered elevation of the ground surface, or any other existing elevation that has remained undisturbed for a period of seven (7) years or more.

GRADING — Means the process of altering the grade of a site.

GROUP HOME, UNLICENSED — Means a residential facility shared by unrelated persons with disabilities that provide peer and other support for their residents’ disability related needs and may participate in cooking, dining, living areas, and other communal living activities and provide supportive services that do not require licenses under state law. Residents of a group home shall be considered a household. See HOUSEHOLD.

HABITABLE SPACE — Means any space for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space. General dimensional requirements are contained within the latest edition of the Uniform Building Code as adopted by the City.

HEIGHT — Means the distance of a point of any structure above a plane defined by the natural grade at the perimeter of the structure, such distance being measured directly from the point.

HOME OCCUPATION — Means a nonresidential activity or use carried on within a dwelling, by the inhabitants thereof, which use is clearly incidental to the residential use and does not alter the character of the premises.

HORTICULTURE — Means the growing of fruits, vegetables or ornamental plants.

HOUSEHOLD — Means an individual or two (2) or more persons living as a single housekeeping unit in a dwelling unit and four (4) or fewer boarders. Residents of a group home providing non-licensable services shall be considered a household. See GROUP HOME, UNLICENSED.

INCLUSIONARY HOUSING — Means one (1) or more dwelling units that are included in a housing development project and made available for occupancy by lower-income households as a proportion of the total number of dwelling units in the project, wherein the majority of dwelling units are available without restriction as to the incomes of residents.

INTERNAL ILLUMINATION — Means a method of sign illumination where a sign houses an internal electrical system of lighting. This type of sign includes halo-lit and individually illuminated letters.

JUNIOR ACCESSORY DWELLING UNIT or JADU (see also subsection 20.20.080.B) — Means an accessory dwelling unit that has the following attributes:

• a.

  • Maximum size of 500 square feet;

• b. Contained entirely within a single-family primary dwelling, including an attached garage;

• c. Has its own or shares sanitation/bathroom facilities with the single-family primary dwelling; if the unit does not include its own separate bathroom, then it contains an interior entrance to the main

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City of Albany, CA § 20.08.020

PLANNING AND ZONING

§ 20.08.020

living area of the single-family dwelling; and

• d. Includes, at a minimum, an efficiency kitchen, which contains a cooking facility with appliances, a food preparation counter or counters, and storage cabinets that are of reasonable size in relation to the size of the JADU.

LANDSCAPED STRIP — Means a landscaped area abutting a property line of a site.

LIQUOR STORE — Means a retail store where the predominant products sold, representing twenty (20%) percent or more of the sales floor area, are alcoholic beverages including beer, wine and distilled spirits, under an "Off-sale General" license by the State of California; also known as a "package store."

LOADING SPACE — Means an off-street space or berth for the temporary parking of a vehicle while loading or unloading merchandise or materials.

LOT, CONFORMING — Means a parcel of subdivided land having such dimensions and site area as are required by the provisions of this chapter, and designed to be occupied by a permitted use or structure, including such yards and other open spaces as are required by the provisions of this chapter, and having its principal frontage on a street.

LOT, CORNER — Means a lot located at the intersection of two (2) or more streets, which streets have an angle of intersection of not more than one hundred thirty-five (135) degrees. For the purposes of this chapter, the front of a corner lot shall be considered the smaller dimension of the lot, and the side the longer dimension of the lot.

LOT, INTERIOR — Means a lot abutting only one (1) street, and not meeting the definition of a corner lot.

LOT, NONCONFORMING — Means any lot, existing and recorded as a separate parcel in the office of the County Assessor at the effective date of this chapter, which does not conform to the area or width requirements of the district in which it is located.

LOT, THROUGH — Means a lot abutting two (2) streets that do not intersect at any point on the boundaries of the lot. Any lot that meets both the definitions of a through lot and a corner lot shall be deemed to be a corner lot.

MANUFACTURED HOME — Means a single-family dwelling unit that is prefabricated or factory-built, certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, and attached to a foundation system that meets requirements of the California Health and Safety Code.

MASSAGE — See Albany Municipal Code subsection 5-13.2.

MASSAGE ESTABLISHMENT — See Albany Municipal Code subsection 5-13.2.

MASSING — Means the shape, size, scale, and orientation of a structure in three (3) dimensional space.

MEDICAL CANNABIS DISPENSARY — Means any association, business, facility, use, establishment, location, delivery service, cooperative, collective, or provider, whether fixed or mobile, that possesses, cultivates, distributes, or makes available medical cannabis to three (3) or more of the following: a primary caregiver, a qualified patient, or a patient with an identification card or a patient with a prescription or recommendation from a medical doctor. A dispensary shall not include the following uses, as long as the location of such uses is otherwise regulated by this Code or applicable law:

1. A clinic licensed pursuant to Chapter 1, Division 2 of the Health and Safety Code;

2. A health care facility licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code;

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City of Albany, CA § 20.08.020

ALBANY CODE

§ 20.08.020

3. A residential care facility for persons with chronic life-threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code;

4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code;

5. A residential hospice or a health home agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as such use complies strictly with applicable law, including but not limited to, Health and Safety Code Section 11362.5 et seq.

MOBILE RECYCLING UNIT — Means an automobile, truck, trailer, or van and appurtenant bins, boxes, or containers used for the collection of recyclable materials.

NONCONFORMING STRUCTURE — Means any legally created structure which no longer conforms to the density, height, coverage, yard, landscaping and screening, usable open space, sign, parking, loading or other requirements applied to structures by this chapter.

NONCONFORMING USE — Means any use which was legal when created and which is no longer itself a permitted or conditionally permitted use in the district in which it is located.

OPEN SPACE, COMMON USABLE — Means usable open space available for use by the occupants of more than one (1) dwelling unit. Controlled and maintained by a property owner or an incorporated nonprofit homeowner's association; or dedicated in fee to, and maintained by, a public agency or recreation district and devoted to all use by residents who will occupy the district.

OPEN SPACE, PRIVATE USABLE — Means roof, balcony, deck, porch, terrace or other outdoor areas designed for use by the occupants of a single dwelling unit.

OPEN SPACE, PUBLICLY-ACCESSIBLE — Means paseos, plazas, outdoor dining areas, recreation areas, and other similar areas available for use by the public for at least daylight hours. Spaces be either offered as dedication to the City or privately owned and maintained with dedication of a public access easement at no public expense.

OPEN SPACE, USABLE — Means outdoor areas, open to the sky, on the ground, or on a roof, balcony, deck, porch, or terrace, designed and accessible for outdoor living, recreation, pedestrian access, or landscaping by all residents for whom the space is intended. Does not include street rights-of-way, public or private surface easements, accessory buildings, open parking areas, driveways, and access ways for the dwellings, land area utilized for garbage and refuse disposal or other servicing maintenance, or required front or corner side yards. Suitable recreational structures designed to be consistent with the intent of this definition may be considered usable open space.

PARKING FACILITY — Means any area or structure, other than within a public street, which is used for the parking of two (2) or more vehicles, but not including the storage of vehicles for sale or repair.

PARKING, OFF-STREET — Means parking spaces located on private property or public property that is not designated as a public right-of-way.

PARKING, ON-STREET — Means parking spaces located within the public right-of-way.

PARKING SPACE (OFF-STREET) — Means a space meeting dimensional requirements of Subsection 20.28.030 either enclosed in a structure or open, the principal use of which is the storage or parking of automobiles.

PERMIT, USE, MAJOR — Means authorization, granted by the Planning and Zoning Commission subject to compliance with conditions, for a specified use of a property, where such authorization is allowed by this chapter in the zoning district in which the property is located.

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City of Albany, CA § 20.08.020

PLANNING AND ZONING

§ 20.08.020

PERMIT, USE, MINOR — Means authorization, granted by the Community Development Director subject to compliance with conditions, for a specified use of a property, where such authorization is allowed by this chapter in the zoning district in which the property is located.

PLANNED UNIT DEVELOPMENT — Means a development adhering to a comprehensive plan and located on a single tract of land, or on two (2) or more contiguous tracts of land which may be separated only by a street or other public right-of-way. (See subsection 20.100.060)

PRE-EXISTING — Means in existence prior to the effective date of this ordinance.

PRIVATE SCHOOL — Means a school not operated by the Albany Unified School District, the State or any political subdivision thereof.

RESIDENTIAL DEVELOPMENT — Means a project consisting of new construction of one (1) or more residential buildings, inclusive of condominiums, mobile homes, new and legalized Accessory Dwelling Units, or an addition to the gross floor area of a residential structure or an accessory structure.

RETAINING WALL — Means a wall of any material that is separate from the structural support of a building and serves to retain earth.

RIGHT CUMULATIVE — Means any right that pertains in addition to, or cumulative to, other rights allowed by law.

RIGHT-OF-WAY, PUBLIC — Means an area of land that is reserved for, by dedication or easement, for access or passage for public purposes; such area may be used for streets, sidewalks, utility lines, rail lines or other uses determined to be in the public interest.

SENIOR CITIZEN HOUSING DEVELOPMENT — Means a housing development which has been designed to meet the physical and social needs of senior citizens and which otherwise qualifies as "housing for older persons," as that phrase is used in California Civil Code Sections 51.3 and 51.12 and Federal statutes.

SETBACK — Means the required distance that a building, structure or other designated item must be located from a lot line.

SHOPPING CENTER — Means a commercial development occupied by a group of five (5) or more separate commercial uses, with parking on the site for the benefit of the uses that occupy the site.

SIGNIFICANT TOBACCO RETAILER — Means any tobacco retailer that derives seventy-five (75%) percent or more of gross sales receipts from the sale or exchange of tobacco products and tobacco paraphernalia.

The following terms related to tobacco retailers have the following meanings:

• a. Tobacco Product means (1) any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; and (2) any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco product dependence.

• b. Tobacco Paraphernalia means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products.

STORY — Means a portion of a building included between the upper surface of a floor and the upper

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City of Albany, CA § 20.08.020

ALBANY CODE

§ 20.08.020

surface of the floor or roof above.

STREET — Means a public thoroughfare dedicated as such or acquired for use as such, which affords the principal means of access to abutting property.

STREET LINE — Means a boundary line between a street and abutting property.

STRUCTURE — Means anything constructed or erected which requires a location on the ground.

STRUCTURE, ACCESSORY — Means a detached, subordinate structure that is incidental to the main structure or to the principal use of the land.

TRANSITIONAL HOUSING — Means any sleeping facility or dwelling unit that serves as a transition from emergency housing to permanent housing, for a period generally of six (6) months to twenty-four (24) months, usually supported by social services to help prepare residents for independent living. See also "Emergency Housing."

TREE, LANDMARK — Means any tree having a trunk with a diameter at breast height (DBH) of eighteen (18) inches or greater, which has been verified by a qualified professional arborist to be a significant specimen, considering such factors as size, species, health and location.

TREEHOUSE — Means a structure that utilizes a tree as a principal support.

UPHILL SITE — Means a lot that is located on a slope that extends upward from the horizontal plane of the public right-of-way which provides primary access to the lot, with reference to the perpendicular crosssection of the public right-of-way at the midpoint of the frontage of the lot.

USE, ACCESSORY — Means a subordinate use that is incidental to the principal use of a site, structure, or dwelling unit.

USE, PRINCIPAL — Means the primary purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered or enlarged or for which either a site or a structure is or may be occupied or maintained.

WIRELESS COMMUNICATIONS FACILITY — Wireless Communications Facility means any device or system for the transmitting and/or receiving of electromagnetic signals, including but not limited to radio waves and microwaves, for cellular technology, personal communications services, mobile services, paging systems and related technologies. Facilities include antennas, microwave dishes, parabolic antennas and all other types of equipment used in the transmission and reception of such signals; structures for the support of such facilities, associated buildings or cabinets to house support equipment, and other accessory development.

The following terms related to wireless communications facilities have the following meanings:

• a. Antenna means any system of poles, panels, rods, reflecting disks, wire or similar devices used for the transmission or reception of electromagnetic signals. Does not include any support structure upon which an antenna is mounted.

• b. Antenna Equipment A cabinet, room, or similar structure which houses the electronic facilities used to operate an antenna.

• c. Antenna Structure means any structure, including a pole, mast, or tower, whether freestanding or mounted on another building or structure, that supports an antenna or an array of antennas. The height of an antenna structure is measured to the highest point of any antenna mounted thereon.

• d. Base Station means the primary sending and receiving site in a wireless telecommunications network, including all radio-frequency generating equipment connected to antennas. More than one (1) base station and/or more than one (1) variety of telecommunications providers can be located on a single

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City of Albany, CA § 20.08.020

PLANNING AND ZONING

§ 20.08.020

tower or structure.

• e. Co-Location means a situation in which a single support structure supports one (1) or more antennas owned or used by more than one (1) public or private entity.

• f. Distributed Antenna Systems (DAS) means a wireless telecommunications facility network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area or structure.

• g.

• Maintenance For purposes of this section, maintenance is defined as:

• 1. Scheduled preventive inspections and activities per manufacturer's instructions or regulatory requirements;
• 2. Corrective maintenance including modification to existing equipment to repair physical damage or correct internal faults;
• 3. Minor repositioning or changes in internal components to improve performance or energy efficiency or increase power output;
• • Other changes to the existing equipment that does not substantially change appearance.

• h. Microcell Facility means a wireless telecommunications facility characterized by small antennas and equipment cabinets, and typically sited on an existing or replacement street light, utility pole, sign or other suitable structure; or an existing building.

• i. Monitoring Protocol means an industry accepted radio-frequency (RF) radiation measurement protocol used to determine compliance with FCC RF radiation exposure standards, in accordance with the National Council on Radiation Protection and Measurements Reports 86 and 119 and consistent with the RF radiation modeling specifications of OET Bulletin 65 (or any superseding reports/standards), which is to be used to measure the emissions and determine radio-frequency radiation exposure levels from existing and new telecommunications facilities. RF radiation exposure measurements are to be taken at various locations, including those from which public RF exposure levels are expected to be the highest.

• j. Monopole means a type of freestanding antenna structure that is seventeen (17) feet or more in height and is designed to be self-supporting without the use of guy wires.

• k. Preferred Wireless Zoning District means a zone where the City has determined that the location of a wireless communications facility would reduce the noise, aesthetic and visual impact of that facility relative to its placement in another zone. The City has determined that wireless communication facilities may be located in the following order of preference: CMX, PF, and SPC or SC.

• l. Radio Frequency (RF) Radiation means radiation from the portion of the electromagnetic spectrum with frequencies below the infrared range (approximately 100 GHz and below), including microwaves, television VHF and UHF signals, radio signals, and low to ultra low frequencies.

• m. Receive-Only Antenna means antenna for the reception of radio and television signals, without transmitting capabilities; may include pole or dish types of antennas.

• n. Repeater means a small receiver/relay transmitter of not more than twenty (20) watts output designed to provide service to areas which are not able to receive adequate coverage directly from a base station.

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City of Albany, CA § 20.08.020

ALBANY CODE

§ 20.08.020

• o. Satellite Dish means a bowl-shaped antenna used to receive and/or transmit electromagnetic signals to and from an orbiting satellite.

• p. Stealth Facility means a wireless communications facility located so as to be of minimal visibility, such as being incorporated within an architectural feature such as a steeple or parapet, or in the open but disguised as a tree or other natural feature.

YARD — Means an open space other than a court on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward. Yard spaces shall be measured horizontally from and at right angles to the nearest point of the respective lot line towards the nearest part of a structure on the lot, exclusive of retaining walls, fences and certain architectural features and permitted projections as provided for in subsection 20.24.060.

• a. Yard, front means a yard of uniform depth extending across the full width of the lot inward from the front lot line. The front lot line shall be determined by the Community Development Director.

• b. Yard, rear means a yard of uniform depth extending across the full width of the lot inward from the rear lot line. In the case of a through lot, the location of the rear yard shall be determined by the Community Development Director.

• c. Yard, side means a yard on each side of the main building extending from the front yard, or the front lot line where no front yard is required, to the rear yard, or the rear lot line where no rear yard is required. A side yard abutting a street is termed an exterior side yard; a side yard not abutting a street is termed an interior side yard.

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City of Albany, CA § 20.12.010

PLANNING AND ZONING

§ 20.12.030

The purpose of this section is to establish zoning districts, adopt an official Zoning Map, and determine permitted land uses and conditionally permitted land uses which will be consistent with the General Plan and adopted specific plans.

The several classes of zoning districts into which the City may be divided are as follows:

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Designation of Zoning Districts
Section Zoning District Designation
20.12.050.B.1 Residential Single Family R-1
20.12.050.B.2 Residential Medium Density R-2
20.12.050.B.3 Residential High Density R-3
20.12.050.B.4 Residential Towers R-4
20.12.050.B.5 Residential Hillside Development RHD
20.12.060.B.1 Solano Commercial SC
20.12.060.B.2 San Pablo Commercial SPC
20.12.060.B.3 Commercial Mixed Use CMX
20.12.070.B.1 Public Facilities PF
20.12.070.B.2 Waterfront WF
20.12.080.B.1 Hillside Overlay District H
20.12.080.B.2 Commercial Node Overlay District CN
20.12.080.B.3 Professional Overlay District P
20.12.080.B.4 Watercourse Overlay District WC
20.12.080.B.5 Planned Residential Overlay District PR
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A summary of the permitted and conditionally permitted uses in each Zoning District is presented in subsection 20.12.040, Table 1, Permitted Land Uses by District.

This subsection consists of the Zoning Map of the City, which map may be amended in whole or in part in accordance with the zoning amendment procedure set forth in subsection 20.100.070 of this chapter.

• A. Location and Boundaries of Zoning Districts. The designation, location and boundaries of the aforesaid zones shall be delineated on the Zoning Map of the City.

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City of Albany, CA § 20.12.030

ALBANY CODE

§ 20.12.030

• B. Boundaries. Wherever any uncertainty exists as to the boundary of any district as shown on the Zoning Map, the following regulations shall control:

  1. Where a boundary line is indicated as following a street or alley, it shall be construed as following the centerline thereof.

  2. Where a boundary line is indicated as approximately following a lot line, the lot line shall be construed to be the boundary.

  3. Where a boundary line crosses property under one (1) ownership, the boundary line shall be determined by the use of the scale designated on the map.

  4. Where further uncertainty exists, the Planning and Zoning Commission, upon written application or on its own motion, shall determine the location of the boundary in question, giving due consideration to the location indicated on the Zoning Map and the purposes of this chapter as stated in subsection 20.04.030.

• C. Zoning Map Amendments.

  1. Ordinance No. 06-014. [1 ]

     • a. Change from "R-3" Residential High Density, to "R-2" Residential Medium Density:

       • (1) All properties fronting on the east side of Kains Avenue, extending from Brighton Avenue on the north to the south city limit; plus certain adjacent properties fronting on Brighton, Garfield, Washington, Portland and Marin Avenues and Dartmouth Street that are currently within the same zoning district as the Kains properties. (Properties that front on Solano Avenue, which are zoned for commercial use, are not included.)

       • (2) All properties fronting on the west side of Adams Street, extending from the southern boundary of the Orientation Center for the Blind on the north to Buchanan Street on the south; plus certain adjacent properties fronting on Clay Street that are currently within the same zoning district as the Adams properties. (Properties that front on Solano Avenue, which are zoned for commercial use, are not included.)

       • (3) Change from "R-4," Residential Towers, to a new "R-3-PR," Residential High Density combined with the Planned Residential Overlay District for the purpose of avoiding nonconformity on account of existing building height: All properties located at 535 and 545 Pierce Street, (Bayside Commons and Bridgewater) including all condominium units and common areas. (This change of zoning does not involve the property at 555 Pierce Street, which will remain "R-4 Residential Towers.")

  2. Ordinance No. 2011-07:

• a. "Medium Density Residential" (R-2) to "San Pablo Commercial" (SPC) zoning designation with the addition of the "University Village/San Pablo Avenue Overlay District" based on substantial evidence contained in the administrative record.

  3. Ordinance No. 2019-06 (6-3-2019):

1. Editor's Note: Ordinance No. 06-014 referred to Exhibit A illustrating these zoning amendments, which was not provided with this ordinance.

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City of Albany, CA

PLANNING AND ZONING

§ 20.12.030

§ 20.12.040

• a. Establishing the zoning classifications of R-3 and PF for the parcel located at Cleveland Avenue and Washington Avenue.

• Ordinance No. 2022-03 (9-6-2022):

• a. Establishing the zoning classification of San Pablo Commercial (SPC) for the parcels located at 805 San Pablo Avenue and 820 Kains Avenue.

§ 20.12.040. Permitted Land Uses by District. [Ord. No. 04-09; Ord. No. 07-01 § 2; Ord. No. 09-03 § 3; Ord. No. 09-011 §§ 2, 3; Ord. No. 2011-08 § 3; Ord. No. 2014-02 § 1; Ord. No. 2014-05 § 2; Ord. No. 2014-11 § 1; Ord. No. 2019-01 § 1; amended 6-1-2020 by Ord. No. 2020-04; 9-6-2022 by Ord. No. 2022-03; 10-20-2025 by Ord. No. 2025-07]

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TABLE 1 - PERMITTED LAND USES BY DISTRICT (20.12.040)
Key to Table:
P = Permitted
UP = Use Permit Required1
UP-M = Minor Use Permit Required2
- = Not Permitted
Limits on authority for UP-M are indicated by * and 2
Land Use 3 R-1 R-2 R-3 R-4 RHD SC 4 SPC 4 CMX PF WF 5
Residential
Dwelling P P P UP6 UP7 P8 P9 - - -
Live/work space - - - - - P8 UP UP- - -
M
Rooming or boarding house - - P - - - - - - -
Senior citizen housing - - - - - UP UP
Shared housing P10 P9
Bed-and-breakfast UP UP UP - UP - - - - -
Care facility, residential
a) Small P P P P P P P - - -
b) Large UP-M UP-M UP-M UP-M UP-M UP- UP- - - -
M11 M11
Family day-care home P P P P P P P - - -
Accessory dwelling unit P P P P P P2 P3 - - -
Transitional housing P P P UP P12 P8 P9 - - -
Single room occupancy residential - - - - - P8 P9
hotel
Supportive housing P P P UP P12 P8 P9 - - -
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City of Albany, CA § 20.12.040

ALBANY CODE

§ 20.12.040

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TABLE 1 - PERMITTED LAND USES BY DISTRICT (20.12.040)
Key to Table:
P = Permitted
UP = Use Permit Required1
UP-M = Minor Use Permit Required2
- = Not Permitted
Limits on authority for UP-M are indicated by * and 2
Land Use 3 R-1 R-2 R-3 R-4 RHD SC 4 SPC 4 CMX PF WF 5
Public and Quasi-Public
Community assembly - UP UP - - UP UP - UP -
Clubs and lodges - UP UP - - UP UP UP UP -
Cultural activities/institutions - UP UP - - UP UP UP UP -
Day-care center (non-family) UP UP UP UP UP UP UP UP- UP -
M
Emergency shelter - - - - - - P P - -
Hospitals and clinics - UP UP - - UP UP UP UP -
Low barrier navigation center - - - - - P P - - -
Medical marijuana dispensary - - - - - - - - - -
Park and recreation facilities UP UP UP UP UP UP UP UP P UP
Public admin. offices/facilities - - - - - P P UP P -
Public maintenance facilities - - - - - - - UP UP -
Religious institutions UP UP UP - - UP UP - - -
Schools, public or private13 UP UP UP - - UP UP UP UP -
Social service facilities - - - - - UP UP UP - -
U.S. Post Office - - - - - P P UP - -
Utilities13
Major - UP UP UP UP UP UP UP UP UP
Minor UP UP UP UP UP P P P P UP
Underground P P P P P P P P P UP
Commercial
Adult entertainment establishment - - - - - - UP14 UP - -
Animal sales and services
a) Animal boarding - - - - - UP UP- UP-M - -
M14
b) Animal grooming - - - - - P P14 UP-M - -
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City of Albany, CA § 20.12.040

PLANNING AND ZONING

§ 20.12.040

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TABLE 1 - PERMITTED LAND USES BY DISTRICT (20.12.040)
Key to Table:
P = Permitted
UP = Use Permit Required1
UP-M = Minor Use Permit Required2
- = Not Permitted
Limits on authority for UP-M are indicated by * and 2
Land Use 3 R-1 R-2 R-3 R-4 RHD SC 4 SPC 4 CMX PF WF 5
c) Animal hospitals - - - - - P P14 UP-M - -
d) Animal sales - - - - - P P14 UP-M - -
Automobile/vehicle sales and
services
a) Automobile/vehicle/equipment - - - - - - UP14 UP- - -
sales and/or rental M
b) Automobile service station - - - - - - UP14 UP-M - -
(including fueling station)
c) Automobile/vehicle/equipment - - - - - - UP14 UP-M - -
repair
d) Automobile washing - - - - - - UP14 UP-M - -
Bars - - - - - UP UP14 UP - UP
Building materials sales and service
a) Within an enclosed building - - - - - - UP- UP- - -
M*14 M
b) Open storage area - - - - - - - UP15 - -
Commercial recreation/ - - - - - UP16 UP14 UP- - -
entertainment M*
Commercial recreation/ - - - - - - - - - UP
entertainment in Waterfront District
Communication facilities - - - - - UP UP14 UP - -
Construction services (contractors) - - - - - - UP14, 15 UP15 - -
Custom manufacturing UP-M P14, 17 UP-
M*
Dry cleaner (retail) - - - - - P P14 UP-M - -
Financial institutions - - - - - P P14 UP-M - -
Funeral and interment services - - - - - - UP14 UP - -
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City of Albany, CA § 20.12.040

ALBANY CODE

§ 20.12.040

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TABLE 1 - PERMITTED LAND USES BY DISTRICT (20.12.040)
Key to Table:
P = Permitted
UP = Use Permit Required1
UP-M = Minor Use Permit Required2
- = Not Permitted
Limits on authority for UP-M are indicated by * and 2
Land Use 3 R-1 R-2 R-3 R-4 RHD SC 4 SPC 4 CMX PF WF 5
Food and beverage preparation P P14, 17 UP-
M
Gyms and health clubs - - - - - UP-M P14 UP- - -
M
Hotels and motels - - - - - UP18 UP14 UP - -
Laboratory, limited - - - - - - UP14 UP-M - -
Laundry, large-scale - - - - - - UP14 UP- - -
M*
Laundry, self-service - - - - - P P14 UP-M - -
Liquor store - - - - - UP UP14 UP - -
Offices, general - - - - - P19 P14 UP- - -
M*
Offices, professional P20 P14 UP-
M*
Marinas and boat launching ramps - - - - - - - - - UP
Parking facility, nonresidential UP21 UP21 UP21 UP21 - UP UP- UP-M - UP
M14
Pawn shops - - - - - - UP14 UP - -
Printing (retail) - - - - - P P14 UP-M - -
Printing (industrial) - - - - - - - UP - -
Repair services (non-auto) - - - - - P P14 UP-M - -
Research and development - - - - - UP UP14 UP- - -
(commercial) M*
Research and development - - - - - - - UP- UP22 -
(educational) M*
Restaurant - - - - - P23, 24 P14, 23, 24 UP- - UP23, 24
M23, 24
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City of Albany, CA

PLANNING AND ZONING

§ 20.12.040

§ 20.12.040

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TABLE 1 - PERMITTED LAND USES BY DISTRICT (20.12.040)
Key to Table:
P = Permitted
UP = Use Permit Required1
UP-M = Minor Use Permit Required2
- = Not Permitted
Limits on authority for UP-M are indicated by * and 2
Land Use 3 R-1 R-2 R-3 R-4 RHD SC 4 SPC 4 CMX PF WF 5
a) With live entertainment - - - - - UP23, 24 UP14, 23, UP23, 24 - -
24
b.1.) With take-out (walk-up) - - - - - P23, 24 P14, 23, 24 UP- - -
M23, 24
b.2.) With take-out (drive- - - - - - - UP14, 23, UP23, 24 - -
through) 24
Retail, food and beverage sales - - - - - P P14 UP- - -
M
Retail nurseries and garden supplies - - - - - P P14 UP- - -
M
Retail sales
a) Neighborhood retail - - - UP25 - P P14 UP- - -
M*
b) Community retail - - - - - UP- P14 UP- - -
M* M*
c) Regional retail - - - - - - - UP- - -
M*
Services, ambulance - - - - - - P14 UP-M - -
Services, business - - - - - P P14 UP-M - -
Services, catering - - - - - UP P14 UP-M - -
Services, instructional - - - - - P26 P14. 26 UP-M - -
Services, massage - - - - - UP UP14 UP-M - -
Services, tattoo parlors UP UP14 UP
Services, personal - - - - - P P14 UP-M - -
Significant27 tobacco retailer - - - - - UP UP14 UP - -
Tutoring/lessons P P14 UP
Waterfront and waterfront-sports- - - - - - - - - - UP
related commercial sales and service
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City of Albany, CA § 20.12.040

ALBANY CODE

§ 20.12.040

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TABLE 1 - PERMITTED LAND USES BY DISTRICT (20.12.040)
Key to Table:
P = Permitted
UP = Use Permit Required1
UP-M = Minor Use Permit Required2
- = Not Permitted
Limits on authority for UP-M are indicated by * and 2
Land Use 3 R-1 R-2 R-3 R-4 RHD SC 4 SPC 4 CMX PF WF 5
Industrial
Industry, limited - - - - - UP - -
Industry, general - - - - - - - UP - -
Truck terminal - - - - - - - UP - -
Warehousing and storage
a) Indoor - - - - - - - UP - -
b) Outdoor - - - - - - - UP - -
Wholesaling and distribution - - - - - - - UP - -
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NOTES, TABLE 1:

1. References to "use permit" shall be presumed to mean "major" use permit unless otherwise noted.

2. See Subsection 20.100.030 for description of distinctions between major and minor use permits. Authority to grant minor use permits is limited to maximum 2,500 square feet (nonresidential), or 6 dwelling units (residential), unless marked with asterisk(s): * = maximum 5,000 square feet; ** = maximum 10 dwelling units. A major use permit is required for any project that exceeds these thresholds.

3. All construction may be subject to design review and development standards.

4. Commercial activities are not permitted along the Kains Avenue or Adams Street frontages on parcels that are currently developed with dwellings.

5. Waterfront - List of uses is intended to remain unchanged from those uses authorized by the Zoning Ordinance for the Waterfront District as of the effective date of Measure "C". [2 ]

6. Multifamily dwellings only; single- and two-family dwellings prohibited.

7. Single-family dwellings are permitted by right.

8. Use permit is required if located on the ground floor; on the 2nd floor or above, the use is permitted by right. Off-street parking in support of residential use is not permitted to occupy ground floor building frontage along Solano Avenue.

2. Editor's Note: Measure C can be found in Appendix B included as an attachment to this chapter.

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City of Albany, CA § 20.12.040

PLANNING AND ZONING

§ 20.12.050

9. Ground-floor building frontage along San Pablo Avenue is reserved for commercial activity, except for any necessary access to residential facilities; residential use is permitted elsewhere on the ground floor, and above the ground floor. Residential projects with 100% below-market rate units, excluding the manager's unit, are exempt from this provision. However, individual dwelling units may not be located along the ground-floor building frontage along San Pablo or Solano Avenue; shared lobby entrances are permitted. Off-street parking in support of residential use is not permitted to occupy building frontage along San Pablo Avenue, except for interior lots where access is only available on San Pablo Avenue. 10. Use permitted within San Pablo Avenue Specific Plan planning area. 11. Not permitted on ground floor. 12. Permitted if in a single-family dwelling but requires a conditional use permit if located in a two-family or multifamily dwelling. 13. Except where preempted by state or federal law. 14. Except for Home Occupations pursuant to Subsection 20.20.040, on an opportunity site identified in the Housing Element, these uses are permitted on the ground-floor only. Additionally, new projects on lots that total 20,000 sq. ft. or greater shall provide ground-floor commercial uses of at least 8,000 sq. ft. and at least 50-foot depths. Reductions in this floor area requirement and depth may be permitted subject to approval of a Conditional Use Permit by the Planning & Zoning Commission. 15. Projects may be subject to screening requirements. 16. Limited to uses within a building, not to exceed 5,000 square feet. 17. Retail area shall comprise at least the first 15 feet of the public street-facing depth (only the primary commercial corridor on corner lots). 18. If 10 or fewer hotel/motel rooms; otherwise not allowed. 19. Minor use permit required on the ground floor; windows shall be located to front the primary commercial corridor. 20. Major use permit required on the ground floor; windows shall be located to front the primary commercial corridors. 21. Requires use permit in residential zoning districts on sites that abut commercial zoning districts; otherwise not allowed in residential zoning districts. Parking facilities shall be designed to meet all applicable screening and landscape standards stated in Subsection 20.24.110. See Subsection 20.28.050.B for additional design standards for parking facilities. 22. If governmental- or educational-related. Otherwise, not allowed in public facilities zoning district. 23. A supplemental business license may be required where alcohol is consumed. 24. See Section 20.20.070.B.1 for permit requirements for alcoholic beverages. 25. Limited to serving the convenience of the residential development in the R-4 District. 26. A use permit will be required if the proposed use has a potentially significant impact upon surrounding development in terms of light, glare, noise, odor, parking, traffic, or hazardous materials, as determined by the Community Development Director. 27. Refer to Section 20.20.120 for location and operation standards.

serving the convenience of the residential development in the R-4 District. 26. A use permit will be required if the proposed use has a potentially significant impact upon surrounding development in terms of light, glare, noise, odor, parking, traffic, or hazardous materials, as determined by the Community Development Director. 27. Refer to Section 20.20.120 for location and operation standards.

9. Ground-floor building frontage along San Pablo Avenue is reserved for commercial activity, except for any necessary access to residential facilities; residential use is permitted elsewhere on the ground floor, and above the ground floor. Residential projects with 100% below-market rate units, excluding the manager's unit, are exempt from this provision. However, individual dwelling units may not be located along the ground-floor building frontage along San Pablo or Solano Avenue; shared lobby entrances are permitted. Off-street parking in support of residential use is not permitted to occupy building frontage along San Pablo Avenue, except for interior lots where access is only available on San Pablo Avenue. 10. Use permitted within San Pablo Avenue Specific Plan planning area. 11. Not permitted on ground floor. 12. Permitted if in a single-family dwelling but requires a conditional use permit if located in a two-family or multifamily dwelling. 13. Except where preempted by state or federal law. 14. Except for Home Occupations pursuant to Subsection 20.20.040, on an opportunity site identified in the Housing Element, these uses are permitted on the ground-floor only. Additionally, new projects on lots that total 20,000 sq. ft. or greater shall provide ground-floor commercial uses of at least 8,000 sq. ft. and at least 50-foot depths. Reductions in this floor area requirement and depth may be permitted subject to approval of a Conditional Use Permit by the Planning & Zoning Commission. 15. Projects may be subject to screening requirements. 16. Limited to uses within a building, not to exceed 5,000 square feet. 17. Retail area shall comprise at least the first 15 feet of the public street-facing depth (only the primary commercial corridor on corner lots). 18. If 10 or fewer hotel/motel rooms; otherwise not allowed. 19. Minor use permit required on the ground floor; windows shall be located to front the primary commercial corridor. 20. Major use permit required on the ground floor; windows shall be located to front the primary commercial corridors. 21. Requires use permit in residential zoning districts on sites that abut commercial zoning districts; otherwise not allowed in residential zoning districts. Parking facilities shall be designed to meet all applicable screening and landscape standards stated in Subsection 20.24.110. See Subsection 20.28.050.B for additional design standards for parking facilities. 22. If governmental- or educational-related. Otherwise, not allowed in public facilities zoning district. 23. A supplemental business license may be required where alcohol is consumed. 24. See Section 20.20.070.B.1 for permit requirements for alcoholic beverages. 25. Limited to serving the convenience of the residential development in the R-4 District. 26. A use permit will be required if the proposed use has a potentially significant impact upon surrounding development in terms of light, glare, noise, odor, parking, traffic, or hazardous materials, as determined by the Community Development Director. 27. Refer to Section 20.20.120 for location and operation standards.

• A. General Purposes of Residential Districts. The City's residential districts are intended to:

  1. Protect residential neighborhoods and achieve design compatibility between single- and multifamily developments and commercial districts, preserve neighborhood character, and ensure adequate buffers between zoning districts through physical development standards and

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City of Albany, CA § 20.12.050

ALBANY CODE

§ 20.12.050

performance standards;

2. Provide adequate sites for public and quasi-public land uses needed to complement residential development; and

3. Ensure adequate light, air, privacy, and open space for each dwelling.

• B. Specific Purposes of Individual Residential Districts. See Table 2A, subsection 20.24.020, for maximum densities permitted in each district.

  1. Residential Single Family District (R-1): The Residential Single Family District provides opportunities for low-density residential development on individual lots. The district corresponds to the Low Density Residential designation in the General Plan Land Use Element.

  2. Residential Medium Density District (R-2): The Residential Medium Density District provides for residential living at moderate densities. Accessory Dwelling Units are permitted subject to appropriate standards and review procedures. The district corresponds to the Medium Density Residential designation in the General Plan Land Use Element.

  3. Residential High Density District (R-3): The Residential High Density District provides opportunities for high-density residential development characterized by a mix of housing types, including townhouses, duplexes, apartments and condominiums, subject to appropriate standards. Accessory Dwelling Units are permitted subject to appropriate standards and review procedures. The district corresponds to the High Density Residential designation in the General Plan Land Use Element, with the exception of those properties on the west side of Albany Hill that are within the Residential Towers District.

  4. Residential Towers District (R-4): The Residential Towers District applies specifically to properties on the west side of Albany Hill and is characterized by high-density apartment or condominium buildings. The district represents a portion of the area designated as Residential Towers [pending amendment] by the General Plan Land Use Element.

  5. Residential Hillside Development District (RHD): The Residential Hillside Development District establishes standards and requirements for appropriate hillside development on Albany Hill, consistent with the General Plan and Measure K (1994). Accessory Dwelling Units are permitted subject to appropriate standards and review procedures. More specifically, the RHD district is intended:

     • a. To reduce the likelihood of earth movement, landslides and development on unstable terrain in order to protect the health and safety of the community.

• b. To minimize grading (cut-and-fill) to a point consistent with the retention of the natural character of hillside areas and to prohibit, to the extent feasible, grading of flat pads or terracing of building sites in hillside areas.

  - c. To minimize the water run-off and soil erosion problems resulting from excessive grading which changes the historical runoff patterns to accommodate development needs. 
  
  - d. To maximize safety and enjoyment while adopting development to, and taking advantage of, the best use of the existing natural terrain. 
  
  - e. To establish development requirements that are consistent with the environmental constraints and visual importance of the Albany Hill area.
  

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City of Albany, CA § 20.12.050

PLANNING AND ZONING

§ 20.12.060

• f. To preserve and enhance the beauty of the landscape by encouraging the maximum retention of natural topographic features such as drainage swales, slopes, ridgelines, vistas, trees and natural plant formations.

• g. To preserve, enhance and promote the existing and future aesthetic appearance and environmental resources of the hillside area.

• A. General Purposes of Commercial Districts. The City's commercial districts are intended to:

  1. Provide appropriately located areas for a full range of retail, office, service, residential, and industrial uses needed by the City's residents, businesses and workers;

  2. Strengthen the City's economic base, and provide employment opportunities for residents of the City; and

  3. Ensure that the character of commercial buildings and uses is harmonious with the area in which they are located.

• B. Specific Purposes of Individual Commercial Districts.

  1. Solano Commercial District (SC): The Solano Commercial District accommodates commercial uses which supply a wide range of commercial retail and related services both to the adjacent neighborhoods and the surrounding communities, within an attractive pedestrian-oriented shopping environment. The district also provides opportunities for office development and highdensity residential development, including mixed-use settings. The district corresponds to the Solano Avenue Mixed Use designation in the General Plan Land Use Element.

  2. San Pablo Commercial District (SPC): The San Pablo Commercial District accommodates commercial and retail businesses serving a Citywide or larger market in a boulevard environment, subject to specific standards. The district encourages the redevelopment of underutilized parcels into pedestrian-oriented retail, office, and high-density residential development, which are preferably in mixed-use settings. The district corresponds to the San Pablo Mixed Use designation in the General Plan Land Use Element.

  3. Commercial Mixed Use District (CMX): The Commercial Mixed Use District provides for a broad range of retail, production, light manufacturing, distribution, and repair uses consistent with the Commercial Services and Production designation in the General Plan Land Use Element. More specifically, the "CMX" district is intended:

     • a. To reserve appropriately located land for larger-scale commercial service uses, creative activities, light industrial plants uses, and related activities;

     • b. To provide adequate space to meet the needs of commercial and industrial development, including truck loading areas and landscaped areas;

     • c. To ensure that commercial light industrial activities are undertaken and maintained in a manner that minimizes fire, health, and safety risks, hazardous materials, and other potentially adverse impacts on surrounding properties and persons;

     • d. To ensure that the appearance of commercial and industrial structures and uses are

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City of Albany, CA § 20.12.060

ALBANY CODE

§ 20.12.080

harmonious with the visual character of the City.

• A. General Purposes of Public and Special Districts. The City has designated certain districts to accommodate public and quasi-public uses and institutions, and to guide appropriate development of lands at the Albany Waterfront.

• B. Specific Purposes of Individual Public and Special Districts.

  1. Public Facilities District (PF): The Public Facilities District provides a procedure for the orderly establishment of public facilities, expansion of their operations, or change in such uses. The district accommodates publicly owned land, including State and Federal facilities, parks, public and private schools, hospitals, and other major institutional uses. Both open and developed areas are appropriate within the district. The district accommodates a combination of residential and commercial uses on portions of the University of California property. The areas within the district correspond to the areas designated in the General Plan Land Use Element as Open Space and Institutional, with the exception that some small, quasi-public sites are located within residential districts, and open space lands west of the Interstate 80 and 580 Freeways are included within the Waterfront District.

  2. Waterfront District (WF): Consistent with Measure C Citizens' Waterfront Approval Initiative (1990), the Waterfront District provides for the water-oriented uses called for in the Waterfront Master Plan, as well as the open space conservation, parks and recreation, and commercial recreation uses outlined in the Land Use Element and the Conservation Recreation and Open Space Element of the General Plan, in the area west of the Interstate 80 and 580 Freeways. Measure C stipulated that the following actions, if they authorize any use not authorized by the Zoning Ordinance for the Waterfront District as of the effective date of Measure C, shall only be taken by passage of a ballot measure approved by a majority of voters voting.

     • a. Any amendment to the land use designations for the Waterfront Area in the City's General Plan;

     • b. The establishment of, or any material amendment to, the Waterfront Master Plan or other specific plan for the Waterfront area. The meaning of the phrase "material amendment" shall be defined in the Waterfront Master Plan itself or other specific plan for the Waterfront area itself;

     • c. Any amendment to the Zoning Ordinance for the Waterfront area including changes to the text and changes to the map of the Waterfront Area.

     • d. The entry into any development agreement and/or any material amendment to a development agreement for the Waterfront Area. The meaning of the phrase "material amendment to a development agreement" shall be defined in the development agreement itself. A development agreement or an amendment to a development agreement shall be deemed "entered into" on the date that the election results approving the agreement or amendment are certified in the manner provided by the Elections Code.

• A. General Purposes of Overlay Districts. Overlay districts are zoning districts established by the City to

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City of Albany, CA § 20.12.080

PLANNING AND ZONING

§ 20.12.080

carry out specific purposes. Purposes may include objectives such as protection of watercourses or hillside sites, or permitting particular land uses under controlled circumstances. In fulfilling the purposes of any overlay district the City may apply a set of regulations that will be applicable in addition to the regulations for the base zoning district. Overlay districts may be established by the City without being actually delineated on the Zoning Map.

• B.

Specific Purposes of Individual Overlay Districts.

1. Hillside Overlay District (:H): The Hillside Overlay District is intended to be applied in those portions of Albany Hill which are substantially developed with residential uses. The purpose of this District is to apply specific height regulations appropriate to the topographic characteristics of Albany Hill and to permit variations in required yards where appropriate.

2. Commercial Node Overlay District (:CN): The Commercial Node Overlay District is intended to be applied to limited areas for the purposes of:

   • a. Intensifying retail, commercial and residential mixed use activities around major intersections;

   • b. Reinforcing existing and developing concentrations of pedestrian-oriented uses;

   • c. Defining the major commercial areas in Albany through distinctive design standards for specific locations; and

   • d. Within the San Pablo Avenue Specific Plan planning area, encouraging placemaking through compliance with the San Pablo Avenue Design Guidelines and Objective Design Standards.

3. Professional Overlay District (:P): The Professional Overlay District is intended to permit the establishment of professional offices in residential areas where the establishment of such offices would be compatible with the surrounding residential neighborhood.

4. Watercourse Overlay District (:WC): The Watercourse Overlay District is intended to promote the preservation and restoration of Albany's creekside areas. It is also the purpose of the WC District to regulate land use in flood-prone areas to protect property from damage due to flood waters and the transportation by water of wreckage and debris. The WC District includes the following:

   • a. Areas within seventy-five (75) feet of the centerline of Cerrito and Codornices Creeks; and

   • b. Areas designated on the Federal Insurance Rate Map as zones of Special Flood Hazards.

5. Planned Residential Overlay District ("PR"): The Planned Residential Overlay District is intended to be compatible with large-scale residential developments which are characterized by certain variations in development standards, including building height, that have been or may be approved by the City through a conditional use permit or a Planned Unit Development process, while maintaining compliance with the density standards of the General Plan and the underlying residential zoning district.

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City of Albany, CA § 20.16.010

PLANNING AND ZONING

§ 20.16.020

The purposes of this section are to describe the characteristics of the types of land use that are listed on Table 1, subsection 20.12.040, and to provide a system of classification of individual land use types. Four (4) broad categories allow for the grouping of uses that have generally similar characteristics and impacts. Uses identified within the classifications are intended as examples of types of uses rather than exhaustive lists. Additional uses are not precluded. As new uses occur they can be assigned to the appropriate classification through the procedure described in subsection 20.16.060. Similarly, descriptions of existing uses may be modified as they evolve over time.

• A. Residences.

  1. Dwelling. A residential use of a single building or portion of a building that provides permanent provisions for living, sleeping, eating, cooking, and sanitation for occupancy by a household. Dwellings may be located in the types of structures/configurations listed in subsections A.1.a through d below. For purposes of this subsection, "dwelling" does not include the residential uses listed in subsections 2 through 5 below.

     • a. Single-Family Dwelling. A freestanding structure arranged, designed, and intended to be occupied as one primary residence. An accessory dwelling unit may also be located in or associated with a single-family dwelling and may be attached or detached.

     • b. Two-Family Dwellings (Duplex). A structure that is a type of multi-family residential structure that contains two dwelling units.

     • c. Multi-Family Dwelling. A structure that contains more than two dwelling units. Types of multi-family dwellings include townhouses, and apartment buildings.

     • d. Residential Mixed-Use Development. A single structure or a group of physically integrated structures on a contiguous lot that includes dwelling(s) and one or more different residential, commercial, and/or public and quasi-public land uses.

  2. Live/Work Space. Units that provide both living and work space for those engaged in professional or technical fields, or in the fine and applied arts, such as painting, sculpting, graphic design, desktop publishing, writing, and related fields.

  3. Shared Housing. One or more buildings that by their design, arrangement and relationship intentionally bring together several households of various demographics and configurations for housing affordability. The facility may include but not be limited to adaptive or re-use of an existing single-family residence or commercial structure, or new construction. In all variations the housing includes chosen shared daily living areas, private rooms or quarters for each household, and may include optional income generating spaces.

  4. Senior Citizen Housing Development. A housing development which has been designed to meet the physical and social needs of senior citizens and which qualifies as "housing for older

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City of Albany, CA § 20.16.020

PLANNING AND ZONING

§ 20.16.020

persons," as that phrase is used in California Civil Code Sections 51.3 and 51.12 and Federal statutes. (See subsection 20.08.020. Definitions (A-Z)).

5. Accessory Dwelling Unit. See definition in subsection 20.20.080.B.

• B. Rooming or Boarding House. A dwelling unit in which five (5) or more persons are provided lodging for compensation. Does not include a residential care facility. Provision of lodging for four (4) or fewer persons shall be considered to be an accessory use of a dwelling unit.

• C. Bed and Breakfast. A facility offering transient lodging to the general public and conducted in a private single-family detached residential unit located in a residential zone, and providing sleeping rooms with private or semiprivate bathroom facilities. (See subsection 20.20.010 for specific regulations applicable to this use.)

• D. Care Facility, Residential.

  1. Small. A dwelling unit licensed by the State of California to provide twenty-four (24) hour nonmedical care for six (6) or fewer persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. (See subsection 20.20.020.C.1 for specific regulations applicable to this use.)

  2. Large. A dwelling unit licensed by the State of California to provide twenty-four (24) hour nonmedical care for more than six (6) persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. (See subsection 20.20.020.C.2 for specific regulations applicable to this use.)

• E. Family Day Care Home. A facility that regularly provides care, protection, and supervision for fourteen (14) or fewer children, in the provider’s own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home. (See subsection 20.20.020.B.1 for specific regulations applicable to this use.)

• F. Transitional Housing. Housing with supportive services for up to twenty-four (24) months that is exclusively designated and targeted for recently homeless persons. Transitional housing includes selfsufficiency development services, with the ultimate goal of moving recently homeless persons to permanent housing as quickly as possible, and limits rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development's requirements for subsidized housing for low-income persons. Rents and service fees paid for transitional housing may be reserved, in whole or in part, to assist residents in moving to permanent housing.

• G. Supportive Housing. Housing with no limit on length of stay, that is occupied by the target population as defined in the California Health and Safety Code, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.

• H. Single-Room Occupancy (SRO) Residential Hotels. Any building containing five or more guest rooms or units intended or designed to be used, or which are used, rented, or hired out, to be occupied, or which are occupied, for sleeping purposes by residents, which is also the primary residence of those residents. The individual units shall lack either cooking facilities or individual sanitary facilities, or both. However, for purposes of this definition, a Single Room Occupancy Residential Hotel does not include residential care homes, senior housing projects, rooming and boarding houses,

ed, or which are occupied, for sleeping purposes by residents, which is also the primary residence of those residents. The individual units shall lack either cooking facilities or individual sanitary facilities, or both. However, for purposes of this definition, a Single Room Occupancy Residential Hotel does not include residential care homes, senior housing projects, rooming and boarding houses,

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City of Albany, CA § 20.16.020

ALBANY CODE

§ 20.16.030

hotels and motels, bed and breakfast lodging, extended care facilities or hospitals.

• A. Adult Entertainment Establishments. Establishments based primarily on materials or performances that depict, describe, or relate to specified sexual activities: human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation, or sodomy; fondling or other erotic touching of human genitals (pubic region), buttocks, or female breasts; or any other adult entertainment activity as determined by the Community Development Director. (See subsection 20.20.070.F for specific regulations applicable to this use.)

• B. Animal Sales and Services.

  1. Animal Boarding. Provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care.

  2. Animal Grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding of domestic animals for a maximum period of forty-eight (48) hours.

  3. Animal Hospitals. Establishments where small animals receive medical and surgical treatment, including grooming and boarding of animals for no more than thirty (30) days if incidental to the hospital use and limited to animals receiving medical care.

  4. Animal Sales. Retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building. This classification includes grooming if incidental to the retail use.

• C. Automobile/Vehicle/Equipment Sales and Services.

  1. Automobile, Vehicle, or Equipment Sales and/or Rental. Sale and/or rental of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, mobile homes, boats and similar equipment, including storage and incidental maintenance.

  2. Automobile, Vehicle, or Equipment Repair. Repair of automobiles, trucks, motorcycles, motor homes or recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, oil change facilities, body and fender shops, wheel and brake shops, tire sales and installation, and upholstery shops, but excludes vehicle dismantling or salvage and tire retreading or recapping.

  3. Automobile Service Stations. Establishments engaged in the retail sale of gas or diesel fuel, lubricants, parts, and accessories. This classification includes incidental maintenance and repair of automobiles when performed in conjunction with the sale of gas or diesel fuel and vehicle washing, but excludes body and fender work or repair of heavy trucks or vehicles.

  4. Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles.

• D. Bar. An establishment the primary function of which is to prepare and serve alcoholic beverages for on-site consumption. Such establishment is distinguished from an "eating place" for purposes of licensing by the California Department of Alcoholic Beverage Control. Such establishment may or may not provide live entertainment. (See subsection 20.20.070.C and D for specific regulations applicable to this use.)

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City of Albany, CA § 20.16.030

PLANNING AND ZONING

§ 20.16.030

• E. Building Materials Sales and Service.

  1. Within an Enclosed Building. Retailing, wholesaling, or rental of building supplies or construction equipment. This classification includes lumber, tool and equipment sales or rental establishments, but excludes establishments devoted exclusively to retail sales of paint and hardware and activities classified under vehicle/equipment sales and services, including vehicle towing services.

  2. Open Storage Area. Same as above, including lumberyards and building contractors' yards.

• F. Commercial Recreation/Entertainment. Provision of participant or spectator recreation or entertainment. This classification includes theaters, sports stadiums and arenas, gaming facilities, amusement parks, bingo parlors, bowling alleys, billiard parlors, poolrooms, dance halls, ice/roller skating rinks, golf courses, miniature golf courses, golf driving ranges and archery ranges, scalemodel courses, shooting galleries, tennis/racquetball courts, croquet courts, swim clubs, pinball arcades or electronic games centers having more than five (5) coin-operated game machines, and the like.

• G. Commercial Recreation/Entertainment in the Waterfront District. Includes live horse racing which exceeds one hundred twenty (120) days in any calendar year (irrespective of whether conducted by one or more operators at the facility), golf, tennis, swimming and other commercial or spectator or participatory activities and uses which, in the opinion of the Planning and Zoning Commission, are of a similar nature.

• H. Communications Facilities. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding major utilities. This classification includes radio, television, or recording studios; and telephone switching centers.

• I. Construction Services (Contractors). Businesses that are characterized by the installation of materials or equipment on the property of the purchaser. Equipment and materials are stored indoors in this use type.

• J. Custom Manufacturing. An establishment primarily engaged in on-site production of goods by hand manufacturing or artistic endeavor and the incidental direct sale to consumers of goods produced on site. Use involves only the use of hand tools or small mechanical equipment that does not generate substantial toxins, noise, or odors. Typical uses include ceramic studios, custom clothing, furniture making, and jewelry manufacturers.

shment primarily engaged in on-site production of goods by hand manufacturing or artistic endeavor and the incidental direct sale to consumers of goods produced on site. Use involves only the use of hand tools or small mechanical equipment that does not generate substantial toxins, noise, or odors. Typical uses include ceramic studios, custom clothing, furniture making, and jewelry manufacturers.

• K. Dry Cleaner (Retail). A service business use in which clothes are deposited by a customer to be drycleaned or laundered at another location or the same location. Such agents may also engage in clothing repairs, alterations, pressing and/or ironing. This classification excludes dry cleaning plants.

• L. Financial Institutions. Establishments that provide retail banking, credit, and mortgage services to individuals and businesses. This classification includes businesses offering check-cashing facilities.

• M. Food and Beverage Preparation. Businesses preparing and/or packaging food for wholesale and/or retail sales and the incidental direct sale to consumers of goods produced on site. Use excludes those of an industrial character in terms of processes employed, waste produced, water used, and traffic generation. Typical uses include bakeries, small coffee roasters, micro-breweries, and microdistilleries.

• N. Funeral and Interment Services. Establishments primarily engaged in the provision of services involving the care, preparation or disposition of human dead. Typical uses include crematories,

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City of Albany, CA § 20.16.030

ALBANY CODE

§ 20.16.030

columbarium, mausoleums or mortuaries.

• O. Gyms and Health Clubs. Facilities offering the use of exercise equipment or space for the public, and/ or providing services such as, but not limited to, expertise and instruction for fitness training, martial arts and aerobics classes.

• P. Hotels and Motels. Establishments offering transient lodging on a less than weekly basis, which also may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities.

• Q. Laboratory, Limited. Medical or dental laboratory services or photographic, analytical, or testing services in an establishment of less than two thousand (2,000) square feet. (Other laboratories are classified as limited industry.)

• R. Laundry, Large-Scale. A building or structure in which the business of a laundry is conducted on the ground floor in which only water and detergent are used, and where the drying, ironing and finishing of such goods are conducted.

• S. Laundry, Self-Service. A business which offers self-service laundry and/or dry cleaning machines and dryers, which are coin, token or otherwise fee operated.

• T. Liquor Store. An establishment licensed by the State of California for "off sale general" sales of beer, wine and distilled spirits for consumption off the premises where sold; also known as package store.

• U. Marina and Boat Launching Ramps. A facility for storing, servicing, fueling, berthing, and securing and launching of private pleasure craft that may include the sale of fuel and incidental supplies for the boat owners, crews and guests.

• V. Offices, General. Administrative offices, including offices of public or quasi-public service agencies or corporate management offices; financial businesses, including banks and companies dealing in trusts, mortgages or investments; real estate businesses including brokers, appraisers and property managers; or office operations that provide products or services to the public in a manner similar to retail sales, as may be the case with, for example, travel and insurance businesses.

• W. Offices, Professional. Individuals, firms or organizations providing professional services which are characterized by the advisory or consultative nature of the services, and by an operational pattern of meeting clients in scheduled appointments. Examples include accounting services; counseling services such as provided by psychologists or social workers; design services such as architect, engineer or software development; legal services; and medical services such as provided by physicians, dentists, psychiatrists, chiropractors and acupuncturists. The classification includes medical or other laboratories that are incidental to, or supportive of, professional offices.

• X. Parking Facilities, Nonresidential. Areas or structures for vehicle parking not associated with residential uses. May be available for public use or restricted to vehicles of employees and/or customers, and may be operated on a fee or non-fee basis. May also include corporate or fleet vehicles associated with an abutting use, but the storage of vehicles for sale or repair is prohibited.

• Y. Pawn Shops. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property.

• Z. Printing, Retail. A commercial establishment open to the general public that is primarily involved in the electronic duplication of graphic and printed materials for personal or business use, and which also provides other products and services including, but not limited to, photocopying, electrostatic

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City of Albany, CA § 20.16.030

PLANNING AND ZONING

§ 20.16.030

printing, laser printing, word processing services, computer generated graphics, computer aided design services, video imaging and reproduction services, on-site computer rental, and on-site teleconferencing.

• AA. Printing, Industrial. A commercial establishment that is not open to the general public that is primarily involved in the duplication of graphic and printed materials through the use of offset printing, or similar printing processes.

• BB. Repair Services (non-auto). Establishments providing repair services for personal items and small equipment (such as household appliances, computers, television, audio or video equipment, and office machines repair). This classification excludes maintenance and repair of vehicles (see automobile/vehicle/equipment repair).

• CC. Research and Development, Commercial. Establishments which are compatible in scale with a retail environment, and are primarily engaged in the research, development, and controlled production of high-technology, electronic, industrial or scientific products or commodities for sale. This classification includes biotechnology firms and manufacturers of computer components.

• DD. Research and Development, Educational. Facilities engaged in educationally-oriented industrial or scientific research and product development.

• EE. Restaurant. Businesses serving prepared food or beverages for consumption on or off the premises.

  1. With Live Entertainment. Musical, theatrical, song or dance, pantomime, scene, or performance for the purpose of entertaining a guest or patron, on a scheduled basis more than three times a calendar year, regardless of whether the performers are compensated. (See subsection 20.20.070.D for specific regulations applicable to this use.)

  2. With Take-out Service. Establishments at which twenty (20%) percent or more of the transactions are sales for off-site consumption. This category includes establishments with walk-up and drive-through facilities.

     • a. Walk-up Facilities. Establishments where patrons order and pay for their food at a counter within the establishment. (See subsection 20.20.070.B.3.a for specific regulations applicable to this use.)

     • b. Drive-through Facilities. Service from a building to persons in vehicles through an outdoor service window. (See subsection 20.20.070.B.3.b for specific regulations applicable to this use.)

• FF. Retail, Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include supermarkets, specialty food stores, liquor stores, or delicatessens. This category also includes large-scale stores that sell food items and beverages in bulk, and also may sell bulk household and office products. Uses may include on-site automated teller machines (ATMs) or limited seating for eating areas.

• GG. Retail, Nurseries and Garden Supplies. Establishments primarily engaged in the retail sale of plants grown elsewhere, and the incidental sale or rental of garden and landscape materials and equipment.

• HH. Retail Sales. Establishments engaged in sale of goods, including, but not limited to, the retail sale of merchandise not specifically listed under another use classification.

  1. Neighborhood Retail. This classification includes retail services primarily oriented towards

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City of Albany, CA § 20.16.030

ALBANY CODE

§ 20.16.040

surrounding neighborhoods. It includes but is not limited to apparel stores, drug stores and pharmacies, dry goods stores, florists, and jewelry stores.

2. Community Retail. This classification includes retail services oriented towards a citywide customer base. It includes but is not limited to department stores, new automotive parts sales, large appliance sales, office supplies and equipment sales, and furniture sales.

3. Regional Retail. This classification includes retail services oriented towards a regional customer base. It includes but is not limited to bulk retail centers that sell food and household items in bulk.

   4. Waterfront and Sports-related Commercial Sales and Services.

• II. Services, Ambulance. Administrative facilities for emergency medical care operated by private or nonprofit organizations, including provision of transportation services, sleeping facilities and incidental storage and maintenance of vehicles.

• JJ. Services, Business. Establishments providing building maintenance, document delivery, mail receiving and boxes, graphic arts, blueprinting, typesetting, copying, and photographic services. This classification excludes maintenance and repair and accounting, advertising, architectural design, city planning, environmental analysis, insurance, interior design, investment, landscape design, law, management consulting, title companies, and real estate offices.

• KK. Services, Catering. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption.

• LL. Services, Instructional. Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools, diet centers and reducing salons.

• MM. Services, Massage. Establishments providing massage services or on-call massage services. (See subsection 20.20.050 for specific regulations applicable to this use.)

• NN. Services, Personal. Provision of services of a personal nature. This classification includes barber and beauty shops, nail salons, tanning salons, seamstresses, tailors, shoe repair, dry cleaning agencies (excluding plants), photocopying, self-service laundries, spa and hot tub facilities, and the like.

• OO. Tutoring/Lessons. A facility offering academic tutoring or lessons to school-aged children; excludes schools.

• A. Industry, Limited. Manufacturing of finished parts or products, primarily from previously prepared materials; and provision of industrial services; both within an enclosed building. This classification includes bakeries, laundry and dry cleaning plants, commercial printers and businesses engaged in processing, fabrication, assembly, treatment, and packaging, but excludes basic industrial processing from raw materials, food processing, and vehicle/equipment services.

• B. Industry, General. Manufacturing of products, primarily from extracted or raw materials, or bulk storage and handling of such products and materials. This classification includes food processing and packaging, stonework and concrete product manufacturing, forging, stamping, power generation, sawmills and paper manufacturing.

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City of Albany, CA § 20.16.040

PLANNING AND ZONING

§ 20.16.050

• C. Truck Terminal. Facilities for freight service and operations by truck.

• D. Warehousing and Storage. Facilities for bulk transfer and storage with no on-site sales.

  1. Indoor Storage. Storage of commercial goods prior to their distribution to wholesale and retail outlets within an enclosed building. This classification includes personal property storage.

  2. Outdoor Storage. Storage of vehicles or commercial goods in open lots.

• E. Wholesaling and Distribution. Indoor storage and sale of factory-direct merchandise and bulk goods. This use classification includes mail-order sales, importing and the retail or wholesale sale of goods imported by the establishment, and wholesale distribution, but excludes sale of goods at discount prices for individual consumption.

§ 20.16.050. Public and Quasi-Public Use Classifications. [Ord. No. 04-09; Ord. No. 07-01 § 3; Ord. No. 2011-08 § 4; Ord. No. 2014-02 § 3; amended 10-20-2025 by Ord. No. 2025-07]

• A. Community Assembly. Nonprofit institutions providing for public gatherings or events. This classification includes community playhouses.

• B. Clubs or Lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs and youth centers.

• C. Cultural Activities/Institutions. Nonprofit institutions displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes libraries, museums, and art galleries.

• D. Day Care Center, (Non-Family). Any facility that provides non-medical care to more than twelve (12) persons on a less than twenty-four (24)-hour basis. This classification includes nursery schools, preschools, and day care centers for children or adults.

• E. Emergency Shelter. "Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

• F. Hospitals and Clinics. State-licensed facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This classification includes facilities for in-patient or outpatient treatment, as well as training, research, and administrative services for patients and employees.

• G. Low-Barrier Navigation Center. A Housing First, low barrier, temporary, service-enriched shelter focused on helping homeless individuals and families to quickly obtain permanent housing. Low barrier includes best practices to reduce barriers to entry, including, but not limited to, allowing partners if not a population-specific site (e.g., survivors of domestic violence), pets, storage of personal items, and privacy (e.g., partitions around beds in shared rooms).

• H. Park and Recreation Facilities. Noncommercial parks, playgrounds, recreation facilities, and open spaces. This classification includes community centers, boat launching ramps and marinas.

• I. Public Administrative Offices/Facilities. Facilities for public administration; public safety and emergency services, including facilities that provide police and fire protection, and emergency medical services; social services including but not limited to those listed in paragraph L below.

• J. Public Maintenance Facilities. Facilities providing maintenance and repair services for vehicles and

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City of Albany, CA § 20.16.050

ALBANY CODE

§ 20.16.060

equipment and areas for storage of equipment and supplies for maintenance of public facilities and infrastructure.

• K. Religious Institutions. Facilities for religious worship and incidental religious education, but not including private schools.

• L. Schools, Public or Private. Facilities for kindergarten through twelfth (12th) grade, or adult education, and private educational institutions.

• M. Social Service Facilities. Establishments offering counseling and short-term emergency services, including drug abuse centers. Social service facilities include:

  1. Housing services.

  2. Neighborhood recovery centers.

  3. Social service agencies.

• N. U.S. Post Office. Government retail postal service branch office that may or may not include mail carrier services.

• O. Utilities, Major. Generating plants, electrical substations, electrical transmission lines, switching buildings, refuse collection and transfer stations, processing, recycling or disposal facilities, major flood control or drainage facilities, water or wastewater treatment plants, or transportation, and all similar facilities.

• P. Utilities, Minor. New utility facilities that are necessary to support established uses and involve only minor structures such as electrical distribution lines and aboveground cabinets.

• Q. Utilities, Underground. Public or regulated underground utility that provides water, sewage collection, electricity, natural gas, telephone, cable television or other public service or goods to the public.

The Community Development Director shall determine whether a specific use shall be deemed to be within one or more use classification or not within any classification in this chapter. A new use may be incorporated into the ordinance by amending Chapter 20, Planning and Zoning (a zoning text amendment) that adds a new use classification or modifies an existing use classification. The Community Development Director will refer issues regarding General Plan consistency to the Planning and Zoning Commission for resolution.

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City of Albany, CA § 20.20.010

PLANNING AND ZONING

§ 20.20.020

• A. Purpose. This section establishes regulations for the establishment and operation of bed and breakfast transient lodging facilities within private residences in residential zoning districts.

• B. Standards for Bed and Breakfast Operations.

  1. Residential Occupancy. A dwelling unit that includes a bed and breakfast facility must be the primary residence of the owner-operator of the bed and breakfast business.

  2. Limit on Accommodations. A maximum of two (2) bedrooms may be made available for transient occupancy on any site.

  3. Duration of Stay. No room may be rented for transient occupancy for more than fifteen (15) consecutive days.

  4. Meals. Meals may be provided only for transient lodgers, and for members of the household and their personal guests.

  5. Fire Safety. No bed and breakfast facility shall be operated without initial and periodic approval as required by the Fire Marshal.

  6. Signs. No sign of any nature may be used to distinguish a bed and breakfast facility in any way from a single-family residence.

• C. Use Permit Required. A major use permit shall be required for any bed and breakfast facility, including any facility that was established prior to the adoption of this Section. Once granted, a use permit for a bed and breakfast facility shall be subject to review for annual renewal.

• D. Business License Required. Following approval of a use permit and prior to initiation of operations, the owner of a bed and breakfast business shall make application and pay the required fee for a business license pursuant to the Municipal Code or such applicable ordinance or ordinances of this City as may be hereinafter enacted.

• A. Purpose. This section establishes regulations for care facilities in compliance with State law. The standards are in addition to any other applicable requirements of the Municipal Code or the California Department of Social Services, which issues licenses to community care facilities.

• B. Family Day Care Homes. A Family Day Care Home shall not be considered as home occupations for permitting or licensing purposes. Operation of such a facility without a State license shall be a violation of the zoning ordinance.

• C. Residential Care Facilities.

  1. Small. State-licensed facilities for six (6) or fewer residents are an accessory use of properties on which residential occupancy is permitted. Operation of such a facility without a State License shall be a violation of the zoning ordinance. Small Residential Care Facilities shall not be considered as home occupations for permitting or licensing purposes.

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City of Albany, CA § 20.20.020

ALBANY CODE

§ 20.20.040

2. Other. All licensed residential care facilities providing for more than six (6) residents shall be subject to approval of a Minor Use Permit. Spacing requirements only apply if required by State law.

Any retail trade or service use providing drive-in/drive-through facilities shall be designed and operated to mitigate problems of air pollution, congestion, excessive pavement, litter, noise, and unsightliness in the following manner:

• A. Pedestrian Circulation. On-site pedestrian walkways normally should not intersect the drive-through aisles, but where such an intersection is necessary the pedestrian way shall have clear visibility, and be emphasized by enhanced paving or markings.

• B. Drive-Through Lane Dimensions. Drive-through aisles shall have a minimum ten (10) foot interior radius at curves and a minimum twelve (12) foot width. Each drive-through entrance/exit shall be at least fifty (50) feet from a street intersection, and at least twenty-five (25) feet from any curb cut on an adjacent property.

• C. Screening of Drive-Through Aisles. Each drive-through aisle shall be appropriately screened with a combination of landscaping, low walls, and/or berms to a height of forty-two (42) inches to prevent headlight glare from impacting adjacent streets and parking lots. An eight (8)-foot high solid decorative wall shall be constructed on each property line that is adjoining a residentially zoned or occupied parcel. The design of the wall and the proposed construction materials shall be subject to design review according to subsection 20.100.050.

• D. Stacking Area. Each drive-through aisle shall provide sufficient stacking area in advance of the service window or ATM, to accommodate a minimum of six (6) vehicles. The stacking area shall not interfere with other on-site circulation.

• E. Menu Board Regulations. Menu boards shall not exceed twenty-four (24) square feet in area, with a maximum height of six (6) feet, and shall face away from public rights-of-way. Outdoor speakers shall be located at least fifty (50) feet from any R District and shall be oriented away from the R District boundary.

• F. Building Location. Buildings housing drive-through uses shall observe the maximum front setback requirement, and shall not be located on a corner lot, nor located so that access or egress to or from a drive-through facility is by way of any street that has residential uses fronting on either side.

• A. Purpose. The regulations contained in this section are intended to prescribe conditions under which nonresidential activities may be conducted in conjunction with, but incidental to, residential uses, thus assuring that such activities are not detrimental to the residential character of the neighborhood in which they are located.

• B. Prohibited Activities. The following items are prohibited from use as a home occupation as they would clearly violate the principle of home occupation as herein defined and would not be businesses which could be carried on clearly incidental to the residential use and without destroying the residential character of the property or neighborhood:

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City of Albany, CA § 20.20.040

PLANNING AND ZONING

§ 20.20.060

1. Automobile repair;

2. Barbershops and beauty parlors;

3. Clinics and hospitals; also veterinarian clinics and hospitals;

4. Kennels and other boarding for pets;

5. Offices for physicians, dentists and other medical practitioners, except that a practitioner, in conducting the business through house calls, may use the home for clerical and similar work;

6. Other uses which, in the opinion of the Community Development Director, conflict with the purpose of this section.

• C. Requirements. Home occupations shall be carried out in strict compliance with the following requirements:

  1. The operation, conduct or maintenance of the home occupation shall not create or maintain, either during daylight or night hours, any disturbance or nuisance, including, but not limited to, noise, odor and light.

  2. No structural alterations, either visible or otherwise, which tend to diminish the residential character of the residence will be required to be made or will be made to the residence building in order to conduct, operate or maintain the business.

  3. Businesses or home occupations located in accessory structures shall not adversely affect the enjoyment and use of adjacent residential properties, including, but not limited to, impacts from noise, odor, and light.

• D. Business License Required. The home occupation or business shall make application and pay the required fee for a business license pursuant to the City Code or such applicable ordinance or ordinances of this City as may be hereinafter enacted.

• E. Enforcement. The Community Development Director or designee is hereby authorized and directed to enforce the provisions of this section, including issuance of penalties as detailed in the City's Master Fee Schedule.

Establishments providing massage services may be permitted in commercial districts with a major use permit. In addition, such establishments are subject to the investigation, licensing, and operating requirements set forth in Section 5-13 of the Albany Municipal Code.

Outdoor storage and display of merchandise, materials, or equipment, including display of merchandise, materials, and equipment for customer pickup and/or selection, shall not be permitted in any zoning district other than SC, SPC or CMX, and may be permitted in those districts only as follows:

• A. As an ancillary use to a permitted principal use of a site, subject to approval of a Minor Use Permit.

• B. As a principal use of a site, subject to approval of a Major Use Permit.

• C. If such storage or display is proposed to occupy any portion of a public right-of-way, an

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City of Albany, CA § 20.20.060

ALBANY CODE

§ 20.20.070

encroachment permit will be required.

• D. As conditions of approval of such storage or display the approving authority may require conditions including, but not limited to, setback areas, screening, or planting areas necessary to prevent adverse impacts on surrounding properties and the visual character of the City's commercial areas.

• A. Purpose. This subsection distinguishes among various types of facilities for eating, drinking and commercial entertainment, and establishes appropriate regulations to protect surrounding properties and the public health, safety and welfare.

• B. Restaurants.

  1. Alcoholic Beverages. Restaurants that serve alcoholic beverages are subject to licensing by the State of California Department of Alcoholic Beverage Control, and to performance criteria.

     • a. Beer and Wine Only. Restaurants requiring an On-Sale Beer and Wine license are permitted uses in the SC and SPC districts, and shall require a minor use permit in the CMX and WF districts.

     • b. Full Service. Restaurants requiring an On-Sale General license for full alcoholic beverage service are permitted uses in the SC and SPC districts, and shall require a minor use permit in the CMX and WF districts.

     • c. Business Hours: Business hours shall be 8:00 a.m. - 11:00 p.m. Sunday-Thursday and 8:00 a.m. — 12:00 a.m. Friday and Saturday. Extension beyond these hours shall be subject to a major use permit.

     • d. Noise Mitigation: All functions in the space must comply with Section 20.36.020.D noise standards, through the use of insulation or other means.

  2. Outdoor Seating. Outdoor seating for food and beverage service at restaurants may be permitted under procedures and regulations stated below. Required permits may be conditioned to require setback areas, screening, or planting areas necessary to prevent adverse impacts on surrounding properties and the visual character of the City's commercial areas. Design review shall be required for any construction proposed in connection with outdoor seating.

     • a. On Site: Outdoor seating on the premises of a restaurant shall be permitted in all districts where restaurants are permitted uses except that a major use permit shall be required wherever an outdoor seating area is located within fifty (50) feet of any property that is within a residential district or is used for residential purposes. The Planning and Zoning Commission may impose conditions, including but not limited to limitations on hours of operation, to avoid effects of noise, odor and light, among other effects, upon neighboring residential property.

     • b. Sidewalk: Restaurants may be permitted to have outdoor seating on the public sidewalk, provided that such seating will not interfere with pedestrian use of the public sidewalk, subject to approval of a revocable encroachment permit by the Community Development Director, and a zoning clearance or a use permit if such is required for restaurants in the district in which the establishment is located. A zoning clearance or a use permit for sidewalk seating shall be subject to annual administrative renewal. Non- compliance with

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City of Albany, CA § 20.20.070

PLANNING AND ZONING

§ 20.20.080

all permit conditions may result in denial of renewal of the permit. In no case may the number of outdoor seats exceed twenty (20%) percent of the total seating for the establishment nor shall outdoor preparation of food or beverages be allowed.

3. Restaurants and Retail Stores with Take-Out Food Service. Establishments at which twenty (20%) percent or more of the transactions are sales for off-site consumption are subject to regulation as follows:

   • a. Walk-Up Facilities: Establishments where patrons order and pay for their food at a counter within the establishment are permitted in the SC and SPC Districts and are conditionally permitted in the CMX District. Such establishments may be permitted to have outdoor seating as specified in (b) above, except that there shall be no required ratio of outdoor seating to indoor seating.

   • b. Drive-Through Facilities: Food or beverage service from a building to persons in vehicles shall be subject to regulations for drive-through uses stated in subsection 20.20.030.

   • c. Ghost Kitchens: Food businesses that prepare food in a commercial kitchen space and deliver it to consumers through food delivery apps are permitted in the SPC District, but shall meet window transparency standards, required by the San Pablo Avenue Specific Plan Design Guidelines and Objective Design Standards to maintain visual interest. [Added 9-6-2022 by Ord. No. 2022-03]

4. Entertainment Permit. An entertainment permit shall be required for any place where entertainment is provided within a bar, cocktail lounge, tavern, cafe, restaurant, hotel, motel, or public place where food, alcoholic or other beverages, or other refreshments are served. See Municipal Code Section 5-1.

• C. (Reserved)

• D. Bars. Establishments, other than restaurants, that require State licenses for on-premises consumption of beer and wine or general alcoholic beverages shall be subject to a major use permit in all districts where bars are conditionally permitted. The Planning and Zoning Commission may set conditions, including but not limited to limitation of hours and the use of outdoor areas, provision of security personnel and noise attenuation.

• E. Restaurants and Bars with Live Entertainment. The presentation of entertainment may be permitted in SC, SPC and CMX Districts, subject to an entertainment permit granted by the City Council pursuant to Municipal Code Section 5-11.

• F. Commercial Recreation and Entertainment. All facilities for the provision of participant or spectator recreation or entertainment on a commercial basis, including but not limited to performing arts, sports, fitness, gaming, and dancing shall require a major use permit.

• G. Adult Entertainment. The exterior walls of adult entertainment uses shall be at least two hundred (200) feet from an R District and five hundred (500) feet from schools and buildings used for religious assembly.

§ 20.20.080. Accessory Dwelling Units. [Ord. No. 04-09; Ord. No. 2014-05 § 5; Ord. No. 2014-11 § 3; amended 6-1-2020 by Ord. No. 2020-04; 12-4-2023 by Ord. No. 2023-06; 1-16-2024 by Ord. No. 2023-07]

• A. Purpose. The Accessory Dwelling Unit Ordinance (this subsection) is intended to:

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City of Albany, CA § 20.20.080

ALBANY CODE

§ 20.20.080

1. Foster and encourage the addition of small, more affordable infill housing units citywide to help address the state's housing crisis and promote access to housing opportunities in all Albany neighborhoods, including single-family neighborhoods;

2. Provide homeowners financial flexibility and the option to share their homes;

3. Provide that accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) that conform with this subsection do not exceed the allowable density for the lot on which the ADU or JADU is located and that they are a residential use that is consistent with the existing general plan and zoning designation for the lot; and

4. Allow and regulate (ADUs) and JADUs in a manner that complies with, or is less restrictive than, the requirements of California Government Code Sections 65852.2 and 65852.22.

• B.

• Definitions. As used in this section, terms are defined as follows:

ACCESSORY DWELLING UNIT or ADU (see also Section 20.20.080(B) — Means an attached or a detached residential dwelling unit that provides complete independent living facilities —provisions for living, sleeping, eating, cooking, and sanitation/bathroom facilities — for one or more persons and is located on a lot with a proposed or existing primary dwelling. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code. ADU, ATTACHED — Means an ADU that is newly constructed as an addition to (i.e. shares a wall with) a primary dwelling.

ADU, CONVERTED — Means an ADU created within the existing space of a primary dwelling or accessory structure.

1. A converted ADU created within an existing accessory structure may be expanded up to 150 square feet, without application of local development standards, to accommodate ingress and egress only.

2. For properties with an existing two- or multi-family dwelling, converted ADUs must be within residential portions of the primary dwelling that are not used as livable space, such as storage rooms, basements, and garages. In mixed-use developments, conversion of commercial space is not permitted.

ADU, DETACHED — Means an ADU that is newly constructed as a separate structure and does not share any walls with the primary dwelling.

JUNIOR ACCESSORY DWELLING UNIT OR JADU — Means an accessory dwelling unit that has the following attributes.

• Maximum size of 500 square feet;

• Contained entirely within a single-family primary dwelling, including an attached garage;

3. Has its own or shares sanitation/bathroom facilities with the single-family primary dwelling; if the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the single-family dwelling; and

4. Includes, at a minimum, an efficiency kitchen, which contains a cooking facility with

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City of Albany, CA § 20.20.080

PLANNING AND ZONING

§ 20.20.080

appliances, a food preparation counter or counters, and storage cabinets that are of reasonable size in relation to the size of the JADU.

• C. Eligibility.

  1. ADUs may be created on any lot that is zoned to allow residential uses. To create an ADU under this subsection, the lot must include an existing or proposed dwelling unit.

  2. JADUs may be created on any lot that is zoned for single-family residential use and that has only one existing or proposed single-family dwelling.

• D. Quantity. The maximum number of ADUs and JADUs per lot is as follows:

  1. Lot with one single-family dwelling:

     • (a) One JADU and one attached, new detached, or converted ADU; or

     • (b) One JADU, one new detached ADU with a maximum size of 800 square feet, and one converted ADU.

  2. Lot with two or more single-family dwellings:

     • (a) One new detached ADU with a maximum size of 800 square feet and one converted ADU.

     • (b) JADUs are not permitted.

  3. Lot with one or more two- or multi-family dwellings:

     • (a) One detached, converted, or attached ADU; or

     • (b) Two detached ADUs; and at least one converted ADU in each two- or multi-family dwelling and up to 25% of the number of existing dwelling units within the structure for additional converted ADUs. All fractional numbers shall be rounded to the nearest whole number.

     • (c) JADUs are not permitted.

• E. Development Standards - Single-Family Properties. All ADUs and JADUs on lots with one or more existing or proposed detached single-family dwellings must comply with the development standards provided in Table E below.

==> picture [446 x 174] intentionally omitted <==

----- Start of picture text -----
Table E. Development Standards for ADUs and JADUs on Single-Family Properties
Attached ADU Detached ADU Converted ADU JADU
Maximum Size 850 square feet None 500 square feet
1,000 square feet if more than one
bedroom
Maximum Lot Coverage(1) 50% 40% in RHD District N/A N/A
Maximum FAR(1) 0.55 N/A N/A
0.50 in RHD District
Minimum Front(1) 15 feet N/A N/A
setbacks(2)
----- End of picture text -----

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City of Albany, CA § 20.20.080

ALBANY CODE

§ 20.20.080

==> picture [446 x 170] intentionally omitted <==

----- Start of picture text -----
Table E. Development Standards for ADUs and JADUs on Single-Family Properties
Attached ADU Detached ADU Converted ADU JADU
Side 3 feet (3) N/A
Rear 3 feet N/A
Building separation to any 6 feet N/A N/A
other structure on lot(1)
Maximum Height 25 feet(4) 20 feet N/A N/A
Automobile Parking None
(spaces)
----- End of picture text -----

(1) These development standards cannot preclude construction of any ADU up to 800 square feet in size and do not apply to a detached ADU up to 800 square feet in size.

• (2) No setback is required if an ADU is constructed in the same location and to the same dimensions as an existing, legally permitted structure.

  • (3) Side and rear setbacks must be sufficient for fire and safety.

  • (4) An attached ADU may be up to 28 feet in height to match the existing or proposed roofline (height and pitch) of the primary dwelling.

• F. Development Standards — Two- and Multi-Family Properties. All ADUs on lots with a proposed or existing two- or multi-family dwelling must comply with the development standards provided in Table F below.

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----- Start of picture text -----
Table F. Development Standards for ADUs on Two- & Multi-Family Properties
Attached ADU Detached ADU Converted ADU
Minimum Lot Size None
Maximum Size 850 square feet None None
1,000 square feet if more
than one bedroom
Maximum Lot Coverage(1) 50% N/A N/A
70% for multi-family in
R-3
100% in SC & SPC
Maximum FAR(1) 0.55 N/A N/A
1.5 for multi-family in
R-3
1.25 in SC
4.0 in SPC
Minimum Open Space(1) (only applies 200 square feet N/A N/A
to multi-family units) 100 square feet in SPC
----- End of picture text -----

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City of Albany, CA § 20.20.080

PLANNING AND ZONING

§ 20.20.080

==> picture [446 x 257] intentionally omitted <==

----- Start of picture text -----
Table F. Development Standards for ADUs on Two- & Multi-Family Properties
Attached ADU Detached ADU Converted ADU
Minimum setbacks Front(1) 15 feet N/A
0 feet on lots fronting San
Pablo Avenue
Side 3 feet N/A
Rear 3 feet N/A
Building separation accessory 6 feet
to other structures on structure
lot(1)
primary 10 feet N/A N/A
structure
Maximum Height 25 feet(2) 20 feet N/A
Automobile Parking None
(spaces)
----- End of picture text -----

(1) These development standards cannot preclude construction of an ADU up to 800 square feet in size.

• (2) An attached ADU may be up to 28 feet in height to match the existing or proposed roofline (height and pitch) of the primary dwelling provided the additional height complies with the daylight plane requirement where applicable.

• G. General Requirements. The following requirements apply to all ADUs and JADUs:

  1. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days.

  2. Separate Conveyance. Except as provided in California Government Code Section 65852.26, an ADU or JADU may not be sold or otherwise conveyed separately from the primary dwelling.

  3. Owner Occupancy.

     • (a) All ADUs are exempt from any owner-occupancy requirements.

     • (b) All JADUs are subject to an owner-occupancy requirement. If a property includes a JADU, the JADU, or the Single-Family Dwelling in which the JADU is located, shall be owneroccupied. The owner-occupancy requirement does not apply if the property is entirely owned by a government agency, land trust, or housing organization.

4. Separate Independent Entrance. All ADUs and JADUs are required to have a separate entrance from the main entrance to the existing or proposed primary dwelling unit(s).

   5. Address and Mailbox. An ADU or JADU shall obtain a separate address and provide a separate mailbox.

   6. Deed Restriction. Prior to final building permit inspection for an ADU or JADU, the property owner must file a deed restriction with the Alameda County Recorder which states that the ADU or JADU is to conform with the attributes required by this subsection.

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City of Albany, CA § 20.20.080

ALBANY CODE

§ 20.20.080

• H. Approvals.

  1. If an application to create an ADU or JADU complies with the requirements of this subsection, it will be approved ministerially upon issuance of a building permit.

  2. The City will approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:

     • (a) The applicant requests a delay, in which case the sixty-day time period is tolled for the period of the requested delay, or

     • (b) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multi-family dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multi-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

  3. If the City denies an application to create an ADU or JADU, the City will provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments will be provided to the applicant within the sixty-day time period established by subsection 2 above.

  4. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

  5. The City may not deny a permit to legalize an existing, but unpermitted ADU that was constructed before January 1, 2018, unless one of the following exceptions is met:

     • (a) The City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.

     • (b) The unpermitted ADU is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

  6. A demolition permit for a detached garage that is to be replaced with an ADU will be reviewed either with or before the application for the ADU and be issued no later than issuance of the ADU permit.

• I. Building Code.

1. No change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change, as described in Section 310 of the California Building Code, unless the Community Development Director or his or her designee makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this subsection.

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City of Albany, CA § 20.20.080

PLANNING AND ZONING

§ 20.20.090

2. Fire Sprinklers. Fire sprinklers are required in an ADU if sprinklers are required in the primary dwelling. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

• A. Purpose. This section establishes standards for temporary uses that ensure the basic health, safety, and general community welfare.

• B. Required Permit: The following temporary uses are subject to approval of a Temporary Use Permit as established in subsection 20.100.030.F:

  1. Arts and Crafts Shows, Outdoor. Display and sale of painting, sculpture, handcrafts and similar objects. Limited to three (3) days per quarter year.

  2. Outdoor Sales, Permanent Retail Facilities. Sales of merchandise for periods in excess of fortyeight (48) continuous hours, limited to three (3) occurrences per year, on the sites of retail businesses that operate as permitted or conditionally permitted uses, including occasional promotions and seasonal sales, including but not limited to pumpkins and Christmas trees. No Temporary Use Permit is required where regular, occasional or recurring outdoor sales have been approved through a Use Permit.

  3. Sales Office. An office, including a manufactured or mobile unit, for the marketing, sales or rental of residential, commercial or industrial development. Limited to a maximum period of six months; may be extended for an additional six (6) months through a Minor Use Permit procedure; any longer period shall require approval of a major use permit.

  4. Seasonal Sales, Temporary Site.

     • a. Purpose. This section establishes regulations for outdoor seasonal sales of agricultural or horticultural products, including but not limited to pumpkins and Christmas trees, that are held in response to a particular holiday or season, and are conducted on a temporary site. Farmer's markets are not subject to these regulations. Seasonal sales by retail businesses that operate on a permanent site are.

     • b. Permit Procedures. In addition to a Temporary Use Permit, other permits, fees and inspections may be required by the City.

     • c. Hours of Operation. The hours of operation for seasonal sales will be established by the Temporary Use Permit.

     • d. Property Maintenance. Upon termination of use, the area used for the seasonal sales shall be cleaned up and returned to its original conditions.

     • e. Duration and Number of Sales Events.

       • 1. Pumpkins and Christmas Trees. Sale of pumpkins shall begin no more than twentyone (21) calendar days prior to October 31. Sale of Christmas trees shall begin no more than thirty-five (35) calendar days prior to December 25.
       • 2. All Other Sales. Sale of any seasonal goods other than Christmas trees or pumpkins shall be limited to seven (7) calendar days.

  5. Sidewalk Sales. Sales conducted by a retail business for a limited time on a portion of the public

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City of Albany, CA § 20.20.090

ALBANY CODE

§ 20.20.100

right-of-way directly abutting the site on which the business is located. In addition to a temporary Use Permit, such activities will require approval of an encroachment permit. Limited to two (2) days per quarter year.

6. Swap Meets. Retail sales or exchange of new, handcrafted, or secondhand merchandise. Limited to two (2) days; if recurring on a regular basis, a Minor Use Permit shall be required.

• C. Required Permits, Minor Use. The following temporary uses are subject to approval of a Minor Use Permit as established in subsection 20.100.030.B, with a public hearing. Where longer periods are requested, a Major Use Permit shall be required.

  1. Commercial Filming. Commercial motion picture or video photography. Limited to one (1) week.

  2. Farmers' Market. Recurring sales of agricultural, horticultural and other food products. Limited to two (2) days per week.

  3. Live Entertainment Events. Concerts, carnivals, circuses, fairs, and other similar events. Limited to two (2) days.

  4. Trade Fairs. Display and sale of goods or equipment related to a specific trade or industry. Limited to two (2) days.

• D. Exempt Temporary Uses. The following temporary uses are exempt from the requirement for a Temporary Use Permit. Other fees, permits and inspections may be required by the City.

  1. Car Washes. By sponsoring organizations engaged in civic or charitable efforts, not to exceed seventy-two (72) hours;

  2. Construction Yards On-Site. For the duration of a valid building permit.

  3. Emergency Operations and Facilities. For a period not to exceed ninety (90) days.

  4. Grand Openings; Outdoor Retail Sales on the Site of an Established Retail Use. For a period not to exceed seventy-two (72) hours.

  5. Personal Property Sales by a Resident (Garage or Yard Sales). Not to exceed seventy-two (72) hours.

  6. Other. Similar uses deemed appropriate by the Community Development Director.

• E. Condition of Site Following Temporary Use. Upon termination of the temporary use, the site occupied by the temporary use shall be cleaned of litter and returned to its original conditions.

• A. Purpose and Intent. The purpose and intent of this section are to:

  1. Enact appropriate regulations, in accordance with the Telecommunications Act, for the provision of personal wireless service facilities for the benefit of the Albany community.

  2. Establish standards to regulate the placement and design of antennas and wireless communication facilities so as to preserve the visual and other characteristics of the City; to assure compatibility with properties adjacent to such facilities; to minimize negative impacts; and to protect the general safety, welfare, and quality of life of the community.

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City of Albany, CA § 20.20.100

PLANNING AND ZONING

§ 20.20.100

3. Establish development standards that are consistent with Federal law related to the development of wireless communication facilities.

4. Pursue additional benefit to the public by encouraging the leasing of municipally-owned properties where feasible or desirable, for the development of wireless communication facilities;

5. Allow antennas to be located according to demonstrated need; Encourage the use of existing facilities, including co-location by multiple companies; encourage the placement of antennas on existing structures and encourage the use of smaller, less obtrusive facilities such as repeaters and microcell facilities where they are feasible alternatives to base station facilities;

6. Locate wireless communication facilities within nonresidential zoning districts, uses, except as otherwise provided in this chapter.

7. Require all wireless communication facilities to be consistent with all other applicable City of Albany plans and municipal code provisions, and applicable regulations and standards of other governmental agencies, and any applicable discretionary permits affecting the subject property except to the extent the Planning and Zoning Commission or City Council shall modify such requirements.

• B. Definitions. Unless otherwise specifically provided, the terms used in this section shall have the meanings stated in the Definitions section of this chapter, Section 20.08.020 under the general heading of "Wireless Communications Facility".

• C. Exempt Facilities. Except as specifically noted, the following types of facilities shall be exempt from the permit requirements of this section.

  1. Exempted by State and/or Federal Regulations. An antenna or wireless communications facility shall be exempt from the provisions of this section if and to the extent that State or Federal law specifically provides that the antenna and/or wireless communications facility is exempt from local regulation.

2. Exempted Subject to Locational Requirements. The following types of antennas are exempted provided that installations are entirely on-site and are not located within required front yard or side yard setback areas. Installations may be located in that portion of a rear yard where accessory buildings are permitted to be located. Such locational requirements are necessary to ensure that such antenna installations do not become public or private nuisances adversely impacting adjacent properties, and/or result in hazards if located adjacent to a street or other public right of way.

   • a. Radio or Television Antenna. A single ground-mounted or building-mounted receive-only radio or television antenna for the sole use of residential occupants of the parcel on which such antenna is located, with a height including any mast not exceeding ten (10) feet over the basic maximum building height prescribed by the regulations for the district in which the site is located.

   • b. Satellite Dish Antenna. A ground-mounted or building-mounted receive-only radio or television satellite dish antenna not exceeding twenty-four (24) inches in diameter for the sole use of residential occupants of the parcel on which such antenna is located, provided that the highest point of such dish does not exceed the height of the highest roof ridge or parapet line of the primary structure on said parcel.

   • c. Citizens Band Antenna. A ground-mounted or building-mounted citizens band radio

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City of Albany, CA § 20.20.100

ALBANY CODE

§ 20.20.100

antenna not exceeding thirty-five (35) feet above grade including any mast.

  - d. Amateur Radio Antenna. A ground-mounted, building-mounted or tower-mounted antenna operated by a Federally licensed amateur radio operator as part of the Amateur Radio Service. Such antennas shall require building permit approval and approval of placement by the Community Development Director to ensure maximum safety is maintained. Height of antenna and support structure shall not exceed thirty-five (35) feet above grade, except that an extendable structure may, when fully extended, exceed by no more than fifteen (15) feet the height limit prescribed by the regulations for the district in which the site is located. 

3. Mobile Services. Mobile services providing public information coverage of news event of a temporary nature, including temporary facilities and emergency facilities.

4. Government Antennas. Receive and/or transmit telemetry station antennas owned and operated by the City of Albany and other public agencies including Federal, State, County and special district entities, for supervisory control and data acquisition systems for such functions as water, flood alert, traffic control devices and signals, storm water, and sanitary sewer, with heights not exceeding sixty (60) feet.

• D. Location by Zoning Districts.

  1. No wireless communication facilities that both transmit and receive electromagnetic signals shall be permitted in any residential zone. Those facilities designated in paragraph C are exempt from City review.

2. Wireless communication facilities may be located within the following Districts, subject to approval of a use permit and design review, with the findings required by subsection 20.20.100.F.5 of this chapter.

   • a. Commercial Mixed Use District (CMX).

   • b. Public Facilities District (PF), except on sites occupied by schools and parks, with the exception of Albany Hill.

   • c. San Pablo Commercial District (SPC) or Solano Commercial District (SC).

   3. In all districts where wireless communication facilities are permitted, any such facility shall be located on a site that provides for, in order of priority:

      • a. A minimum of fifty (50) feet from any permitted child care facility or school; and

      • b. A minimum of fifty (50) feet from any property line abutting a residential use.

   4. In the San Pablo Commercial District and the Solano Commercial District any wireless communication facility that abuts a residential district shall be set back from a property line that is contiguous to the residential district a minimum distance of fifty (50) feet for antennas.

   5. The Planning and Zoning Commission may make a determination that a reduced setback for antenna equipment will not have perceptibly greater noise impact or greater visual impact with respect to properties in the abutting residential district, further provided that there be no less than ten (10) feet of separation between a property line that is contiguous to the residential district and the subject wireless communication facility (with the exception of such elements as transmission cables and meter boxes).

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City of Albany, CA § 20.20.100

PLANNING AND ZONING

§ 20.20.100

6. No installation shall be located in such a manner as to reduce the development potential of abutting properties, especially potential future residential or mixed-use development potential.

• E.

• Development Requirements and Standards.

1. Development Standards. The following general development standards shall be met by all new wireless communication facilities:

   • a. New wireless communication facilities shall be co-located with existing legal conforming facilities and with other planned new facilities whenever feasible and aesthetically desirable to minimize overall visual impact.

   • b. Views. Wireless communication facilities shall be sited to avoid any unreasonable interference with views from neighboring properties, and where their visual impact is least detrimental to scenic vistas.

   • c. Vacant or Underutilized Sites. Wireless communication facilities placed on vacant or underutilized sites shall be considered temporary and the Planning and Zoning Commission may impose a condition that when the site is developed, these facilities shall be removed, and if appropriate, replaced with building-mounted antennas;

   • d. Screening. Wireless communication facilities shall be screened in one of the following ways, unless the Planning and Zoning Commission determines that screening is not appropriate for the project:

• 1. Substantially screened from the view of surrounding properties and the public view or co-located with existing facilities or structures so as not to create substantial visual, noise, or thermal impacts;

     • 2. Sited within areas with substantial screening by existing vegetation;
     • 3. Designed to appear as natural features found in the immediate area, such as trees or rocks, so as to be unnoticeable (stealth facilities); or
     • 4. Screened with additional trees and other native or adapted vegetation which shall be planted and maintained around the facility, in the vicinity of the project site, and along access roads in appropriate situations, where such vegetation is deemed necessary to screen the facilities. Such landscaping, including irrigation, shall be installed and maintained by the project sponsor, as long as the permit is in effect or to the extent permitted by law.

  • e. Noise. All wireless communication facilities shall be subject to the City-adopted noise standards contained in Section 8-1 of the Albany Municipal Code. Any violation of noise standards, may be cause for the Community Development Director to initiate a revocation procedure as provided by subsection 20.100.010.M.

  • f. Height. The height of a wireless communication facility (building or ground-mounted) shall not exceed ten (10) feet above the basic maximum building height prescribed by the regulations for the district in which the site located, as provided by subsection 20.24.080.B, and shall be subject to applicable daylight plane restrictions, except Microcell facilities and DAS. For facilities located in the Commercial Mixed Use District (CMX) the height may be increased by up to twenty-five (25) feet above the maximum building height with exceptional design. Exceptional design shall be determined by the

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City of Albany, CA § 20.20.100

ALBANY CODE

§ 20.20.100

Planning and Zoning Commission.

• g. All equipment, antennas, poles, or towers shall have a non-reflective finish and shall be painted or otherwise treated to minimize visual impacts; and

• h. All wireless communication facilities shall provide sufficient security measures and anticlimbing measures in the design of the facility to reduce the potential for damage, theft, trespass, and injury.

• i. Any equipment shelter shall be designed to be architecturally compatible with existing structures on the site or found in the area; and

• j. Prohibited.

  • 1. Unless mandated by Federal or State regulations, the use of barbed wire, razor wire, electrified fence, or any other type of hazardous fence as a security precaution is not allowed;
  • 2. No advertising or signs, other than necessary owner identification signs and warning signs, shall be allowed on or at the location of a wireless communications facility.

2. Design Review. In addition to all other applicable development standards, wireless communication facilities shall comply with the requirements of Section 20.100.050.

3. Additional Development Standards for Monopoles. In addition to all other applicable development standards, monopoles shall comply with the following:

   • a. The applicant shall demonstrate that the proposed facility cannot be placed on an existing building or co-located on an existing monopole or other tower.

   • b. The maximum height of the proposed monopole or other tower shall be no higher than ten (10) feet above the height limit for the main structure allowed by the zoning district within which the facility is located, and shall be subject to applicable daylight plane restrictions. An exception to the height in the Commercial Mixed Use District (CMX) may be permitted pursuant to Section 20.20.100 E.1.f.

   • c. Guy wires or support structures shall not be allowed; monopoles shall be self-supporting structures. Design and safety considerations are subject to approval by the Community Development Director;

   • d. A monopole or other tower facility shall be designed to allow co-location of additional antennas, if deemed desirable by the Planning and Zoning Commission; and

   • e. Exterior lighting shall not be allowed on commercial wireless communication facilities except for that required for use of authorized persons on site during hours of darkness or where antenna structure owner or registrant is required to light the antenna structure by the terms of the FAA Antenna Structure Registration applicable to the facility.

   • f. Stealth facilities disguised as elements of urban landscape are encouraged. Clever designs are encouraged.

4. Additional Development Standards for Microcell Facilities and Distributed Antenna Systems (DAS). In addition to all other applicable development standards, Microcell facilities and DAS facilities shall comply with the following:

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City of Albany, CA § 20.20.100

PLANNING AND ZONING

§ 20.20.100

• a. Height.

  • 1. Existing Structures. When microcell facilities and DAS are attached to an existing structure, the highest portion of an antenna comprising the microcell facility or DAS shall extend no more than ten (10) feet above the highest point of the existing structure.
  • 2. New Structures. Any new structure, excluding replacement utility poles, supporting a microcell facility or DAS may be no taller than the maximum building height as specified in the zoning district in which the structure is located. The highest portion of an antenna comprising the microcell facility shall extend no more than ten (10) feet above the highest point of the new structure.

• b. Setbacks.

  • 1. No microcell facility shall be located within two hundred fifty (250) feet of any other microcell facility.
  • 2. DAS facilities shall be reviewed on a case by case basis.

• c. Antenna Projections.

  • 1. No antenna or antenna mounting hardware shall project out more than twelve (12) inches from the surface of the structure to which it is attached.

• d. Equipment and Cabinets.

• 1. All antenna equipment required for the operation of a microcell facility or DAS, including cooling and ventilating apparatus, and electrical, mechanical and other appurtenances, shall be mounted directly to the antenna support structure or placed underground.

     • 2. Permanently installed generators or air conditioning compressors are not permitted on microcell facilities. Cooling fans located inside the equipment cabinets are permitted.
     • 3. The height and width, or depth of supporting equipment mounted on a structure shall have at least a seven (7) foot clearance from grade. Equipment depth shall not exceed twenty-four (24) inches.

  • e. Design.

    • 1. The material, texture and color of the microcell facility or DAS shall be designed to match the structure to which it is attached and be compatible with the surrounding area.

• F.

• Permit Approval Process.

1. Types of Permits. Except as specifically exempted in subsection 20.20.100.C above, all wireless communication facilities, and facility modifications that involve any change in the specifications or conditions stipulated in the approved use permit, including but not limited to, changes in power input or output, number of antennas, antenna type or model, number of channels per antenna above the maximum specified in a use permit, repositioning of antennas, increase in proposed dimensions of tower or support structure, or any other facility upgrades,

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City of Albany, CA § 20.20.100

ALBANY CODE

§ 20.20.100

shall be subject to the following permit requirements:

• a. Minor Use Permit. Administrative Approval. At the discretion of the Community Development Director, an application for a proposed wireless communication facility may be considered administratively with a noticed public hearing where the proposed facility will be co-located on an existing pole, monopole, or similar support structure other than a building, that has been approved by the City as a wireless communication site.

• b. Major Use Permit. Commission Approval. All facilities not exempted by subsection 20.20.100.C above, or which are not eligible for consideration for a minor use permit, including all building-mounted facilities, shall be considered by the Planning and Zoning Commission in a noticed public hearing and may be approved subject to conditions deemed appropriate by the Commission.

• c. Design Review. All wireless communication facilities shall be subject to design review and approval, according to procedures and standards stated in subsection 20.100.050. The reviewing body shall consider all structures, materials, colors, and landscaping associated with any proposal to establish a wireless communication facility. Review shall be the responsibility of the Community Development Director in cases where Minor Use Permits are required. The Planning and Zoning Commission shall have responsibility in cases of Major Use Permits.

• d. Building Permit. Unless otherwise specifically exempted, a Building Permit shall be required for all wireless communication facilities.

• e. Zoning Clearance. For existing wireless facilities where wireless carriers seek to replace antennas and equipment and where there is no facility expansion and negligible size difference (maximum increase of ten (10%) percent surface area) in antennas and related equipment, the carrier shall subject to a zoning clearance according to procedures and standards stated in subsection 20.100.020. The zoning clearance shall be reviewed and approved through the Planning and Zoning Commission prior to building permit issuance. The zoning clearance shall apply to an eligible facilities request as identified in Section 6409 of the Middle Class Tax Relief Act of 2012.

2. Notice Requirements. Public notice shall be provided for any public hearings on applications or appeals, pursuant to procedures stated in Section 20.100.010.

3. Application Submittal. Application submittal requirements shall be established and amended from time to time by resolution of the Albany City Council.

4. Additional Submittal Requirements. In addition to standard application submittal requirements specified by the City of Albany Community Development Department, the Community Development Director shall have the authority to require additional information as necessary to deem the application complete for review.

   • a. Technical Review. The Community Development Director may employ, on behalf of the City, at the expense of the applicant, an independent technical expert to review the application submittal and provide determinations and recommendations on such issues as compliance with radio frequency emissions standards, the identification of alternative solutions or locations, and the justifications for installation of monopoles or for any requested exceptions to City standards. The costs of said review and any administrative costs shall be paid by the applicant.

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City of Albany, CA § 20.20.100

PLANNING AND ZONING

§ 20.20.100

5. Findings for Approval. The approving body may approve a use permit for a wireless communications facility only upon making written findings based on substantial evidence in the record.

   • a. All of the following findings shall be made for the approval of a use permit for a wireless communication facility:

     • 1. Findings otherwise required for use permits and design review by subsection 20.100.030 and Section 20.100.050.(1)

1.Necessity, Desirability, Compatibility. That the size, intensity and location of the proposed use will provide a development that is necessary or desirable for, and compatible with, the neighborhood or the community;

     - 2) All applicable Development Standards in subsection 20.20.100.E above have been met; 

6. Standard Agreement.

   • a. Except for exempt facilities defined in subsection 20.20.100.C, a maintenance and facility removal agreement shall be executed by the operator, the property owner if other than the operator, and the City, for any wireless communication facility.

• b. No use permit shall become effective until such agreement has been executed. The Community Development Director shall develop a standard form for such agreement which shall include but not be limited to the following:

     - 1) Maintain the exterior appearance of the facility; 
  
     - 2) Ultimately to remove the facility in compliance with this chapter and any conditions of approval; 
  
     - 3) Pay all costs for monitoring for compliance with this agreement and all conditions and environmental mitigation measures; 
  
     - 4) Reimburse the City for all costs incurred for work the applicant had failed to perform; 
  
     - 5) Where applicable in the case of a freestanding tower, the agreement shall stipulate that the permittee will rent or lease available space on the tower, under the terms of a fair-market lease, to other wireless service communication providers without discrimination. 
  

• G. Operation and Maintenance Standards. All wireless communication facilities shall at all times comply with the following operation and maintenance standards. Failure to comply shall be considered a violation of this chapter and subject to enforcement.

  1. Each owner or operator of a wireless communication facility shall provide signage identifying the name and phone number of a party to contact in event of an emergency. Where a utility pole or light standard is utilized as a support structure, the signage shall be attached to the base of the pole or standard.

  2. Wireless communication facilities and related equipment, including lighting, fences, shields, cabinets, and poles, shall be maintained in good repair, free from trash, debris, litter and graffiti

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City of Albany, CA § 20.20.100

ALBANY CODE

§ 20.20.100

and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable, and in no instance more than forty-eight (48) hours from the time of notification by the city.

3. The owner or operator of a wireless communication facility shall be responsible for maintaining the facility in accordance with the approved and for replacing any deteriorated or damaged structures or foliage, or other landscaping elements shown on the approved plan. Amendments or modifications to the landscape plan shall be submitted to the Community Development Director for approval.

4. The City shall retain annually, at the operator's expense, an approved engineer to conduct an unannounced spot check of the facility's compliance with applicable FCC radio-frequency standards, utilizing the Monitoring Protocol (See definition, Section 20.08). This monitoring shall measure levels of radio-frequency radiation from the facility site's primary antennas as well as from repeaters, if any.

• H. Certification of Facilities.

1. If the Community Development Director at any time finds that there is good cause to believe that a wireless communication antenna is not in compliance with applicable FCC radiofrequency standards, he/she may initiate appropriate enforcement actions.

• I. Duration, Revocation and Discontinuance.

  1. Duration of Permits and Approvals.

     • a. An approved use permit for a wireless communication facility shall expire one (1) year after the date of final approval. If not activated within one (1) year from the date of final approval, unless, as provided in subsection 20.100.010.K.1.a-d has been satisfied.

     • b. Once activated, all permit approvals for wireless communication facilities shall be valid for an initial maximum period of up to ten (10) years pursuant to Section 65964 of the California Government Code(B) , or as specified by the approving body. At the expiration of the ten (10) year period, the facility shall be reviewed pursuant to Section 20.20.100 F.1.e for renewal.

     • c. If the operator fails to remove the wireless communication facilities from the site, the property owner shall be responsible for removal, and may use any bond or other assurances provided by the operator pursuant to the requirements of this chapter to do so. If such facilities are not removed, the site shall be deemed to be a nuisance and the City may call the bond for removal or take such other action as it deems appropriate.

  2. Failure to submit the information required in paragraph H. will be considered a violation of the Zoning Ordinance. Any facility found in violation may be ordered to terminate operations by the Planning Commission following a duly noticed public hearing.

  3. If the Community Development Director at any time finds that there is good cause to believe that a wireless communication antenna is not in compliance with applicable FCC radiofrequency standards, he/she may initiate appropriate enforcement actions.

  4. Existing Uses (Non-Conforming). A lawful nonconforming wireless communication service facility shall be subject to the requirements of Section 20.44 except to the extent that they are

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City of Albany, CA § 20.20.100

PLANNING AND ZONING

§ 20.20.110

modified herein. Routine maintenance shall be permitted on existing, operational equipment and facilities and shall be subject to the Zoning Clearance process defined in Section 20.20.100 F,1,e. However, new construction, other than routine maintenance on existing towers, antennas, buildings, or other facilities shall comply with the requirements of this chapter. In the event of the abandonment of the use of any equipment or facility for a continuous period of one hundred eighty (180) days, the provisions of subsection 20.44.040, Abandonment of Nonconforming Use, shall apply, the associated permits and approvals shall expire, and the site shall thereafter be maintained in conformity with the regulations for the district in which the site is located. The Community Development Director may require removal of such disused equipment or facilities, as provided in subsection 20.20.100.G.2 above.

• A. Purpose and Intent. The purpose of this subsection is to promote the public health, safety and welfare by:

  1. Prohibiting medical and recreational cannabis dispensaries and commercial cultivation from locating in the City of Albany.

  2. Protecting citizens from the secondary impacts and effects associated with unregulated and unpermitted medical and recreational cannabis dispensaries and related activities, including, but not limited to, loitering, increased noise, fraud in obtaining or using medical cannabis identification cards, sales of medical cannabis to minors, drug sales, robbery, burglaries, assaults or other violent crimes.

  3. Decreasing demands on police or other valuable scarce City administrative, financial, or personnel resources in order to better protect the public.

  4. This subsection is not intended to conflict with Federal or State law. It is the intention of the City Council that this subsection be interpreted to be compatible with Federal and State enactments and in furtherance of the public purposes which those enactments encompass.

• B. Definitions. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this subsection:

CANNABIS — Means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.

COMMERCIAL CANNABIS ACTIVITY — Includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products as provided for in this division.

CULTIVATION — Means any activity involving the planting, growing, harvesting, drying, curing,

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City of Albany, CA § 20.20.110

ALBANY CODE

§ 20.20.110

grading, or trimming of cannabis.

CULTIVATION SITE — Means a location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.

CULTIVATION PERSONAL USE — Means that within a private residence occupied by a person twenty-one (21) years and older, up to six (6) nonmedical cannabis plants per private residence maybe cultivated indoors for personal use pursuant to the Adult Use of Marijuana Act. Cultivation shall be limited to covered space in personal residence or in an attached garage or other fully enclosed and locked accessory structure located entirely on property owned or legally possessed by the occupant.

DELIVERY — Means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer.

IDENTIFICATION CARD — Shall have the same definition or given such term in California Health and Safety Code Section 11362.7, as may be amended, and which defines "Identification Card" as a document issued under the authority of the State Department of Health Services which identifies a person authorized to engage in the medical use of cannabis, and identifies the person's designated primary caregiver, if any.

LIVE PLANTS — Means living cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants.

MANUFACTURER — Means a licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.

MEDICINAL CANNABIS OR MEDICINAL CANNABIS PRODUCT — Means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation.

MEDICAL CANNABIS DISPENSARY — Means any association, business, facility, use, establishment, location, delivery service, cooperative, collective, or provider, whether fixed or mobile, that possesses, cultivates, distributes, or makes available medical cannabis to three (3) or more of the following: a primary caregiver, a qualified patient, or a patient with an identification card or a patient with a prescription or recommendation from a medical doctor. A dispensary shall not include the following uses, as long as the location of such uses is otherwise regulated by this Code or applicable law:

• A clinic licensed pursuant to Chapter 1, Division 2 of the Health and Safety Code;

2. A health care facility licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code;

3. A residential care facility for persons with chronic life-threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code;

4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code;

5. A residential hospice or a health home agency licensed pursuant to Chapter 8 of Division 2 of

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City of Albany, CA § 20.20.110

PLANNING AND ZONING

§ 20.20.110

the Health and Safety Code, as long as such use complies strictly with applicable law, including but not limited to, Health and Safety Code Section 11362.5 et seq.

PHYSICIAN'S RECOMMENDATION — Means a recommendation by a physician and surgeon that a patient use cannabis provided in accordance with the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code.

PRIMARY CAREGIVER — Shall have the same definition as given such term in California Health and Safety Code Sections 11362.5 and 11362.7 as may be amended, and which define "primary caregiver" as an individual, designated by a qualified patient or identification card holder, who has consistently assumed responsibility for the housing, health, or safety of that qualified patient.

QUALIFIED PATIENT — Means a person who is entitled to the protections of Health and Safety Code Section 11362.5 for patients who obtain and use cannabis for medical purposes upon the recommendation of an attending physician, whether or not that person applied for and received a valid identification card issued pursuant to State law.

RECREATIONAL CANNABIS — Means cannabis which is consumed for recreational, non-medical consumption.

RECREATIONAL CANNABIS DISPENSARY — Means a facility where cannabis is available for purchase for recreational, non-medical consumption.

• C.

  • Dispensary Prohibited.

  1. No person or entity shall operate or permit to be operated a medical or recreational cannabis dispensary or commercial cultivation site in or upon any premises or any zone in the City. The City shall not issue, approve, or grant any permit, license, or other entitlement for the establishment or operation of a medical or recreational cannabis dispensary or commercial cultivation site.

  2. It shall be unlawful for any person or entity to own, manage, conduct, establish, operate or facilitate the operation of any medical or recreational cannabis dispensary or commercial cultivation site, or to participate as an employee, contractor, agent, or volunteer, or in any other manner or capacity, in any medical or recreational cannabis dispensary or commercial cultivation site in the City. The term "facilitate" shall include, but not be limited to, the leasing, renting or otherwise providing any real property or other facility that will in any manner be used or operated as a medical or recreational cannabis dispensary or commercial cultivation site in the City.

  3. Nothing in this subsection shall alter, affect, or limit the criminal defense authorized by State law and available to qualified patients and their primary caregivers to possess, transport, deliver or collectively or cooperatively cultivate medical cannabis in accordance with Health and Safety Code Section 11362.71.

• D. Establishment, Maintenance, or Operation of Medical or Recreational Cannabis Dispensaries Declared a Public Nuisance. The establishment, maintenance, operation, facilitation, of, or participation in a medical or recreational cannabis dispensary or commercial cultivation site within the City limits of the City of Albany is declared to be a public nuisance, and may be abated by the City or subject to any available legal remedies, including but not limited to civil injunctions and administrative penalties. The City Attorney may institute an action in any court of competent jurisdiction to restrain, enjoin or abate any condition(s) found to be in violation of the provision of this subsection, as provided by law. In the event the City files any action to abate any dispensary or cultivation site as a public nuisance, the City shall be entitled to all costs of abatement, costs of

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City of Albany, CA § 20.20.110

ALBANY CODE

§ 20.20.110

investigation, attorney's fees, as provided in Section 1-12 of the Albany Municipal Code, and any other relief available in law or in equity.

• E. Commercial Cultivation Prohibited. The cultivation of medical and recreational cannabis for commercial purposes is prohibited in the City of Albany. This prohibition includes, but is not limited to:

  1. Operation of a cannabis nursery, as defined by California Business and Professions Code section 19300.5(aj) as it now reads or as amended.

• F. Manufacturing Prohibited. The manufacturing of medical and recreational cannabis for commercial purposes is prohibited in the City of Albany. This prohibition includes, but is not limited to:

  1. Medical cannabis manufacturing sites, as defined by California Business and Professions Code section 19300.5(ag) as it now reads or as amended.

• G. Personal Use Cultivation Regulations. Indoor cultivation of up to six (6) cannabis plants per residence for growth is permitted to the limited extent authorized under California Health and Safety Code Sections 11362.1 and 11362.2. Outdoor cultivation is prohibited. Indoor personal use cultivation is subject to the following restrictions:

  1. Personal Use Cultivation. An individual who may cultivate cannabis for personal use pursuant to State law ("qualified person"), shall be allowed to cultivate cannabis only within his/her personal residence or in an attached garage or other fully enclosed and locked accessory structure located entirely on property owned or legally possessed by him or her.

  2. Area. In any residence, the cannabis cultivation area shall not exceed thirty-two (32) square feet measured by the canopy, nor exceed ten (10) linear feet in height. This limit applies regardless of the number of individuals residing in the residence. The cultivation area shall be a single designated area.

  3. Lighting. Lighting for cannabis cultivation shall not exceed a total of one thousand two hundred (1,200) watts, or otherwise pose a fire or safety hazard.

4. Building Code Requirements. Any alterations or additions to the residence, including garages and accessory buildings, shall be subject to applicable building, fire, plumbing, and electrical codes, in addition to all applicable zoning codes, including lot coverage, setback, and height requirements.

   5. Gas Products. The use of gas products, including but not limited to carbon dioxide and butane, for cannabis cultivation or processing is prohibited.

   6. Evidence of Cultivation. From outside the building wherein cultivation occurs, there shall be limited exterior evidence of cannabis cultivation occurring on the site.

   7. Residence. The qualified person shall reside at the residence wherein the cannabis cultivation occurs.

   8. Cultivation Elsewhere in the City. The qualified person shall not participate in cultivation in any other location within the City.

   9. Incidental Use. The residence shall maintain kitchen, bathrooms, and primary bedrooms for their intended use, and cannabis cultivation shall be limited to an incidental use of the residence.

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City of Albany, CA § 20.20.110

PLANNING AND ZONING

§ 20.20.120

10. Ventilation. The cannabis cultivation area shall include a ventilation and filtration system designed to ensure that odors from cultivation are not detectable beyond the residence (or property line for detached single family residences), and designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence. This shall include at a minimum, a system meeting the requirements of the current adopted edition of the California Building Standards Code, including California Building Code Section 1203.5 (Natural Ventilation) and Mechanical Code Section 402.3 (Mechanical Ventilation) or the equivalent(s) thereof.

11. Use and Storage of Chemicals. For the protection of local groundwater resources and indoor air quality, and to avoid disposal of harmful substances into sewers or septic systems, no chemical shall be used for cannabis cultivation that contains any substance on the list prepared pursuant to Health and Safety Code Section 25249.8; provided that any chemical specifically approved by the California Department of Pesticide Regulation (or other appropriate State agency) for use in small indoor cannabis grow areas may be used in amounts prescribed by that agency. No chemical used for cannabis cultivation shall be stored in a manner visible from neighboring residences or to individuals located outside the property line or in the public right-of-way.

12. Nuisance. The cannabis cultivation area shall not adversely affect the health or safety of nearby residents by creating unreasonable dust, glare, heat, noise, noxious gasses, odors, traffic, vibrations, or similar impacts. Nor shall cannabis cultivation be hazardous due to the use or storage of materials, processes, products, or wastes, or from any actions incidental or related to the cultivation.

uisance. The cannabis cultivation area shall not adversely affect the health or safety of nearby residents by creating unreasonable dust, glare, heat, noise, noxious gasses, odors, traffic, vibrations, or similar impacts. Nor shall cannabis cultivation be hazardous due to the use or storage of materials, processes, products, or wastes, or from any actions incidental or related to the cultivation.

13. Property Owner Authorization. For rental property, the property owner, property manager or management company shall provide written authorization to the tenant that personal use cultivation is permitted.

• H. Cannabis Deliveries Permitted. The commercial delivery of medical and recreational cannabis is permitted to locations within the City of Albany.

• I. Penalties for Violation.

  1. The violation of any provision of this subsection is unlawful and constitutes a misdemeanor, punishable by a fine of not more than one thousand ($1,000.00) dollars or a jail term of six (6) months, or both. Each and every day a violation occurs shall be deemed a separate violation.

  2. In addition to the remedies set forth herein, the City in its sole discretion, may also issue an Administrative Citation in accordance with Section 1-11 "Administrative Citations" of the Albany Municipal Code to any person or entity that violates the provisions of this subsection.

• J. Severability. If any provision of this subsection, or the application thereof to any person or circumstance, is held invalid, that invalidity shall not affect any other provision or application of this subsection that can be given effect without the invalid provision or application; and to this end, the provisions or applications of this subsection are severable.

• A. Standards for Facility Location. The following standards shall apply to the physical location of any significant tobacco retailer.

  1. No significant tobacco retailer shall have a principal entrance located within seventy-five (75)

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City of Albany, CA § 20.20.120

ALBANY CODE

§ 20.20.130

feet of a parcel of land in an R-Residential zoning district.

2. The principal entry to any establishment shall be located within clear sight of a public street, and shall not be within twenty-five (25) feet of any residential entrance, including the principal entry of any multi-unit residential building.

3. No significant tobacco retailer shall be located within a five hundred (500) foot distance of any of the following:

   • a. Any schools, child day care centers, public libraries or public community centers;

   • b. Any municipal parks or playgrounds.

4. No significant tobacco retailer shall be located within a five hundred (500) foot distance of any of the following businesses, where such businesses were existing at the time of approval of a use permit for a significant tobacco retailer:

   • a. Any youth-oriented establishment characterized by either or both of the following (1) the establishment advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors; or (2) the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minor

5. Exception for five hundred (500) foot distance specified in paragraph 4, above: the Planning and Zoning Commission may permit a new youth-oriented establishment to be located within five hundred (500) feet of an existing significant tobacco retailer, subject to the following findings:

   • a. The subject youth-oriented establishment would not be a permitted use in a residential district; and

   • b. The proximity of the existing significant tobacco retailer would not have any detrimental effect on the minor patrons of the youth-oriented establishment.

• B.

• Operation Standards.

1. Tobacco products and/or tobacco paraphernalia shall be secured so that only store employees have immediate access to the tobacco products and/or tobacco paraphernalia. Self-service displays are prohibited.

2. The tobacco retailer shall comply with all applicable local, State, and Federal laws regarding the advertising, display, or sales of tobacco products.

3. No person under eighteen (18) years of age may distribute, exchange, or sell tobacco products.

4. Sampling of tobacco products by individuals less than eighteen (18) years of age shall be prohibited.

• A. Purpose. This section establishes regulations for the granting of an entertainment permit. The standards are in addition to the requirements of Albany Municipal Code Section 5-11.

• B. Entertainment Permit Required. An entertainment permit shall be required for any place where entertainment is provided within a bar, cocktail lounge, tavern, cafe, restaurant, hotel, motel, or public place where food, alcoholic or other beverages, or other refreshments are served. See Municipal Code

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City of Albany, CA § 20.20.130

PLANNING AND ZONING

§ 20.20.150

Section 5-11.

• A. Purpose. When allowed by Section 20.12.040 (Permitted Land Uses by District), a single-room occupancy residential housing facility (SRO) at a fixed location is subject to the requirements of this section. The provisions of this section are intended to provide opportunities for the development of permanent, affordable housing for small households and for people with special needs in proximity to transit and services and to establish standards for these small units.

• B. Location. A single-room occupancy residential housing facility shall not be located within three hundred (300) feet of any other single-room occupancy residential housing, emergency shelter, or other similar program, unless such program is located within the same building or on the same lot.

• C. Development Standards. All SRO facilities shall comply with the following regulations.

  1. Units shall have a minimum floor area of one hundred twenty (120) square feet and a maximum floor area of four hundred (400) square feet.

  2. Each unit shall accommodate a maximum of two (2) persons.

  3. Provide for adequate exterior security lighting.

  4. Laundry facilities shall be provided in a separate room at the ratio of one (1) washer and one (1) dryer for every six (6) units or fractional number thereof, with at least one (1) washer and dryer per floor.

  5. Cleaning Supply Room. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO facility.

  6. Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub or shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one (1) full bathroom per floor.

  7. Kitchen. An SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator and cooking appliance. A partial kitchen is missing at least one of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one (1) full kitchen per floor.

  8. Closet. Each SRO unit shall have a separate closet.

  9. Code Compliance. SRO units shall comply with all requirements of the California Building Code. All units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible.

• D. Off-Street Bicycle Parking Requirements. An SRO facility shall provide a secured bicycle parking area to accommodate one (1) bicycle for every SRO unit.

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City of Albany, CA

ALBANY CODE

§ 20.20.150

§ 20.20.170

• E. Operational Standards. An SRO facility with ten (10) or more units shall provide on-site management. An SRO facility with less than ten (10) units may provide a management office on-site.

• F. Tenancy. Tenancy of SRO units shall not be for less than thirty (30) days.

• G. Existing Structure. An existing structure may be converted to an SRO facility, consistent with the provisions of this section. Any such conversion must bring the entire structure up to current building code standards, including accessibility and adaptability standards.

• A. Purpose. This subsection establishes regulations for gyms and health clubs to protect surrounding properties and public health, safety and welfare.

• B. Performance Standards.

  1. Hours of Operation: Hours of operation in the SC and SPC Districts shall be limited to 6am to 9pm. Extension beyond these hours shall be subject to a Major Use Permit.

  2. Noise Standards: All functions in the space must comply with City noise standards, as per 20.36.020.D, through use of insulation or other means.

• A. Purpose. This subsection establishes permit requirements and required findings for chain stores in the SC District.

• B. Major Use Permit. Notwithstanding permit requirements for the SC District specified in Table 1: 20.12.040, businesses with 100 or more fixed locations are subject to a Major Use Permit to ensure that storefront design and use are consistent with the district purposes and surrounding uses.

• C. Findings. The approving body shall make the following findings when approving a Major Use Permit subject to this subsection:

  1. The proposed use is compatible with the purposes of the SC district (Section 20.12.060.B.1).

  2. The proposed signage and storefront design are compatible with the character of the neighborhood and commercial corridor.

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City of Albany, CA § 20.24.010

PLANNING AND ZONING

§ 20.24.020

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.

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Table 2A. Site Regulations by District: Residential (20.24.020)
Zoning District
Standard 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 0.55(5) 0.55(5) 0.55(5) N/A 0.50(8)
Multifamily dwelling 1.50/2.0(6)(7)
Minimum Lot Size (square feet)(10)
Single-family 3,750 3,750 3,750 5,000(8)
2-family N/A 3,750 3,750
Multiple-family N/A 3,750 3,750
Public/quasi-public 10,000 10,000 10,000
Minimum Lot Width (feet)
Single-family 35 35 50 50(8)
2-family N/A 37.5 50
Multiple-family N/A 37.5 50
Public/quasi-public 75 75 75
Maximum Lot Coverage (% of lot area) N/A 50% 50%
Single-family 50% 50% 50% 40%(8)
2-family N/A 50% 50%
Multiple-family N/A(11) 50%(11) 70%(11)
Public/quasi-public
Maximum Building Height (feet)
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City of Albany, CA § 20.24.020

ALBANY CODE

§ 20.24.020

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----- Start of picture text -----
Table 2A. Site Regulations by District: Residential (20.24.020)
Zoning District
Standard R-1 R-2 R-3(20) R-4(1) RHD(2)
Single-family 28(12) 28(12) 35 (13)(8)
2-family N/A 35/28(14) 35/28(14)
Multiple-family N/A 35/28(14) 50/35/28(14)
Public/quasi-public 35 35 35
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 See Subsection 20.24.090
dwellings)
Accessory Buildings See Subsection 20.24.130
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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.

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City of Albany, CA § 20.24.020

PLANNING AND ZONING

§ 20.24.020

Notes, Table 2A:

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.

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.

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City of Albany, CA § 20.24.020

ALBANY CODE

§ 20.24.020

Notes, Table 2A:

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.

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----- Start of picture text -----
Table 2B. Site Regulations by District: Nonresidential (20.24.020)
Zoning District
Standard SC SPC(13) CMX WF(1) PF(1)
Residential Density (dwelling units/acre where Minimum 20 Minimum 30 N/A N/A N/A
residential development is proposed) Maximum 63 Maximum N/A
Maximum FAR (floor area/lot area ratio)
Mixed-use development (more than 1 use, 1.25 4.0/4.5(11) 0.5 0.5 N/A
including residential and commercial or other
permitted nonresidential uses)
Commercial portion of any development (not to be 1.25 0.95 0.5 0.5 N/A
exceeded, regardless of mix with other uses, or
any bonus increase in the total FAR of
development)
Multifamily dwelling, where it is the sole use of a 1.25 4.0/4.5(11) N/A N/A N/A
site(12)
Live/work space N/A 4.0/4.5(11) (4) N/A N/A
Minimum Lot Area per Dwelling Unit (square N/A N/A (2) N/A N/A
feet)
----- End of picture text -----

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City of Albany, CA § 20.24.020

PLANNING AND ZONING

§ 20.24.020

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----- Start of picture text -----
Table 2B. Site Regulations by District: Nonresidential (20.24.020)
Zoning District
Standard SC SPC(13) CMX WF(1) PF(1)
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 See Subsection 20.24.090
dwellings)
----- End of picture text -----

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).

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City of Albany, CA § 20.24.020

ALBANY CODE

§ 20.24.030

Notes, Table 2B:

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.

• 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

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City of Albany, CA § 20.24.030

PLANNING AND ZONING

§ 20.24.030

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.

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----- Start of picture text -----
Specific P District Regulations
Minimum Yards (1)
Min. Lot Min Lot Max. Lot Side, Side,
Uses Area Max. Ht. Width Coverage(1) Front Rear Corner Interior
See a above 5,000 sq. ft. Same as underlying 50 ft. 70% 15 ft. 10 ft. (1) 5 ft. (2) 5 ft.
district
----- End of picture text -----

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

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City of Albany, CA § 20.24.030

ALBANY CODE

§ 20.24.040

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.

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.

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• 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.

• 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.

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City of Albany, CA § 20.24.040

PLANNING AND ZONING

§ 20.24.040

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) [3 ]

   • 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. [4 ]

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. [5 ]

  3. Standards for Single-Family Development. The development standards contained within

3. Editor's Note: See Appendix C, Measure K, included as an attachment to this chapter.

4. Editor's Note: See Appendix C, Measure K, included as an attachment to this chapter.

5. Editor's Note: See Appendix C, Measure K, included as an attachment to this chapter.

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City of Albany, CA § 20.24.040

ALBANY CODE

§ 20.24.040

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 [6] 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:

==> picture [66 x 21] intentionally omitted <==

• 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)

• 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

6. Editor's Note: See Appendix C, Measure K, included as an attachment to this chapter.

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City of Albany, CA § 20.24.040

PLANNING AND ZONING

§ 20.24.040

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.

==> picture [70 x 41] intentionally omitted <==

(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

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City of Albany, CA § 20.24.040

ALBANY CODE

§ 20.24.040

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.

om 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

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City of Albany, CA § 20.24.040

PLANNING AND ZONING

§ 20.24.050

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

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Figure 2. Hillside Building Forms

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§ 20.24.050. Floor-Area Ratios. [Ord. No. 04-09; Ord. No. 09-011 § 10; Ord. No. 2017-05 § 1; amended 1-16-2024 by Ord. No. 2023-07; 9-15-2025 by Ord. No. 2025-05]

• 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 singlefamily 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

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City of Albany, CA § 20.24.050

ALBANY CODE

§ 20.24.050

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 a maximum of 220 square feet of interior space of such enclosed parking area—for automobiles or bicycles—may be excluded from said calculation.

   • c. ADUs with a maximum size of eight hundred (800) square feet may be excluded from said calculation.

• d. 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.

  • e. 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.)

  • f. 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.

  • g. 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.

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City of Albany, CA § 20.24.050

PLANNING AND ZONING

§ 20.24.060

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. Non-Residential, Multifamily and Mixed Uses: Calculation of Enclosed Parking Area. Enclosed offstreet parking area serving commercial, multifamily or mixed uses shall be included in the calculation of the gross floor area, with the following exceptions:

  1. Long-term bicycle parking, as defined in subsection 20.28.030.C, may be excluded from the Floor Area Ratio of a development project.

  2. Enclosed parking areas that are located entirely below grade shall not be included in calculating the Floor Area Ratio of a development project.

3. 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.

See Table 3: Setback Areas, Encroachments.

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----- Start of picture text -----
Table 3: Setback Areas, Encroachments (20.24.060)
Minimum Distance from a Property Line for any Projection
Maximum Projection Required Required
into Required Setback Required Front Required Rear Interior Side Exterior Side
Type of Projection Limitations Area Yard Yard Yard Yard
Chimneys 3 feet (any required 3 ft. 3 ft.
setback)
Open Stairways or May be covered 2 ft. (side yard) 3 ft. 3 ft.
landings but not enclosed 6 ft. (front or rear yard)
by walls on more Except, no maximum
than two (2) sides projection within San
Pablo Avenue Specific
Plan planning area
Balconies, Porches and No projection permitted
Decks (side yard)
6 ft. (front or rear yard)
Cornices, Eaves and Minimum seven 2 ft. 6 in. 2 ft. 6 in.
Permanent Decorative (7) feet above
Ornaments grade
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City of Albany, CA § 20.24.060

ALBANY CODE

§ 20.24.070

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----- Start of picture text -----
Table 3: Setback Areas, Encroachments (20.24.060)
Minimum Distance from a Property Line for any Projection
Maximum Projection Required Required
into Required Setback Required Front Required Rear Interior Side Exterior Side
Type of Projection Limitations Area Yard Yard Yard Yard
Canopies and Awnings Minimum seven 6 ft. 6 ft. 2 ft. 6 in. 2 ft. 6 in.
(7) feet above
grade
Projecting Bays Maximum width 2 ft. 6 in. (any required 3 ft. 3 ft.
equal to 25 setback)
percent of the
wall plane from
which bay
projects.
----- End of picture text -----

• 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.

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City of Albany, CA § 20.24.070

PLANNING AND ZONING

§ 20.24.070

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Figure 1.a

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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.

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City of Albany, CA § 20.24.070

ALBANY CODE

§ 20.24.070

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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.

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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 twentyeight (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

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City of Albany, CA § 20.24.070

PLANNING AND ZONING

§ 20.24.070

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

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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).
  

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City of Albany, CA § 20.24.070

ALBANY CODE

§ 20.24.070

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Figure 5: Abutting Rear Yard

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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).

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City of Albany, CA § 20.24.070

PLANNING AND ZONING

§ 20.24.080

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Figure 7: Across Public Right of Way

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Figure 8: Across Public Right of Way - Northern Node

• 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.

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City of Albany, CA § 20.24.080

ALBANY CODE

§ 20.24.080

• 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

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City of Albany, CA § 20.24.080

PLANNING AND ZONING

§ 20.24.090

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.

• 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.

  • 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.

• Private Usable Open Space.

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City of Albany, CA § 20.24.090

ALBANY CODE

§ 20.24.110

• 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 [7] ) and up to fifty (50%) percent in other locations.

   • 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.

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.

• A. Purpose. These regulations are intended to provide for security and privacy, to protect individual properties from traffic, noise, heat, glare, blown air and air contaminants, and to improve the appearance of neighborhoods in Albany by providing adequate landscaping and screening.

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

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City of Albany, CA § 20.24.110

PLANNING AND ZONING

§ 20.24.110

• 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).

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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.

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City of Albany, CA § 20.24.110

ALBANY CODE

§ 20.24.110

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-ofway. 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 and to minimize potential negative impacts on adjoining properties or the public right-of-way;

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

     • f. To screen all vertical sides of mechanical equipment within street facing (front or exterior side) yards and roof-top mechanical equipment and appurtenances o multi-family, mixed use, and commercial buildings from view from abuttin properties and public rights-ofway. Roof-top equipment located on properties located in the Commercial Mixed Use (CMX) and Public Facilities (PF) zonin districts are exempt from screening requirements.

chanical equipment within street facing (front or exterior side) yards and roof-top mechanical equipment and appurtenances o multi-family, mixed use, and commercial buildings from view from abuttin properties and public rights-ofway. Roof-top equipment located on properties located in the Commercial Mixed Use (CMX) and Public Facilities (PF) zonin districts are exempt from screening requirements.

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.

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City of Albany, CA § 20.24.110

PLANNING AND ZONING

§ 20.24.110

• E. Screening Standards, General.

  1. Height.

     • a. Minimum Height. Except as otherwise specified in subsection 20.24.110.C, the minimum height of required screening devices 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.

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City of Albany, CA § 20.24.110

ALBANY CODE

§ 20.24.110

• 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.

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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

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City of Albany, CA § 20.24.110

PLANNING AND ZONING

§ 20.24.110

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:

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City of Albany, CA § 20.24.110

ALBANY CODE

§ 20.24.130

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.

• 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 Structures. [Ord. No. 04-09; Ord. No. 09-011 § 19; Ord. No. 2014-05 § 7; amended 6-1-2020 by Ord. No. 2020-04; 12-4-2023 by Ord. No. 2023-06; 2-3-2025 by Ord. No. 2025-01]

• A. Purpose. These regulations are intended to ensure that required yard areas and access ways remain substantially open and unobstructed and that accessory structures are consistent with the General Plan and this chapter.

• B. Definitions. Refer to the definitions subsection of this chapter (20.08.020).

• C. Exceptions. Regulations of this subsection do not apply to the following:

  1. Accessory Dwelling Unit are regulated by subsection 20.20.080.

  2. Art in Public Places Installations are regulated by Section 20.58.

  3. Structures operated by utility providers regulated by the California Public Utility Commission, Federal Communication Commission or other applicable State or Federal regulatory authority.

  4. Decks and patios are regulated by subsection 20.24.060.

  5. Fences, landscaping & screening are regulated by subsection 20.24.110.

  6. Mechanical equipment regulated by subsection 20.24.180.

  7. Signs are regulated by Section 20.32.

  8. Wireless Facilities are regulated by subsection 20.20.100.

  9. Properties located in the Public Facilities (PF) Zoning District.

• D. Prohibited Uses and Restrictions.

  1. Cooking and sleeping accommodations are prohibited within accessory buildings. An accessory building which meets the California Government Code definition of an accessory dwelling unit

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City of Albany, CA § 20.24.130

PLANNING AND ZONING

§ 20.24.130

shall be regulated by subsection 20.20.080.

2. Only city permitted and licensed uses/home occupations may operate out of an accessory structure.

• E.

• Site Regulations.

1. Site Location.

   • a. No accessory structure may be located on a vacant lot except as provided for in subsections 20.20.090 and 20.24.140.

   • b. No accessory structure shall be closer than six (6) feet to the main building on the lot, nor located in a required front setback area.

2. Setbacks.

   • a. Accessory structures shall be within six (6) inches of the side or rear lot line or shall be set back at least three (3) feet from side or rear property line.

   • b. Accessory structures 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.

• c. Accessory structures located on the street side yard of corner lots are required to meet the minimum setback requirements for the main building.

3. Rear Setback Coverage. No accessory building or structure, nor the aggregate of two (2) or more accessory structures 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.

4. Maximum Height.

   • a. The maximum height of an accessory structure shall be twelve (12) feet, except that within three (3) feet of the property line, an accessory structure shall not 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.

   • b. Flag and light poles may be a maximum of sixteen (16) feet provided a 3-foot side and rear setback is maintained. (See subsection 20.32 for regulations of flags and subsection 20.36.020.C for regulation of light fixtures.)

   • c. Basketball hoop with backboard or similar sports fixture may be a maximum of fourteen (14) feet provided a 3-foot side and rear setback is maintained.

5. Outdoor Cooking Facilities and Fire Pits.

   • a. Shall not be enclosed (no walls or roof)

   • b. Shall be setback from side and rear property lines by six (6) feet.

6. Tree Houses.

   • a. Maximum height. Twelve (12) feet above grade.

   • b. Maximum size. Thirty-six (36) square feet.

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City of Albany, CA § 20.24.130

ALBANY CODE

§ 20.24.150

• c. Setback. No tree house or means of access (e.g. ladder) shall be within three (3) feet of a property line.

• d. No habitable space. A tree house is intended for recreational use and shall not be used as a habitable space.

• e. Prohibitions. No electricity, plumbing or heating shall be allowed.

• F. Procedures, Design Review. Accessory structures shall be subject to Design Review procedures stated in subsection 20.100.050.

• 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.

• A. Purpose. The following design criteria are intended to insure that manufactured homes are designed

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City of Albany, CA § 20.24.150

PLANNING AND ZONING

§ 20.24.180

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.

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.

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.

• A. Purpose. The purpose of this section is to establish standards for mechanical equipment in order to reduce barriers to electrification and minimize potential nuisance effects on adjacent properties while ensuring that the location and operation of said equipment meets safety standards.

• B. Applicability. The standards of this section shall apply to any mechanical equipment including but not limited to: air conditioning and heating (HVAC) equipment such as compressors or heat pumps; water heaters; pumps and heaters associated with hot tubs, spas and swimming pools; and emergency power generators. This section shall not apply to renewable energy equipment (e.g. solar panels). [See subsection 20.24.130 for regulations applicable to ground mounted renewable energy mechanical equipment.]

• C. Setback Requirements. See Table 3B: Required Setbacks for exterior mechanical equipment:

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City of Albany, CA § 20.24.180

ALBANY CODE

§ 20.24.190

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Table 3.B Required Setback for Mechanical Equipment
Minimum Distance from a Property Line
Exterior
Height of Equipment (as
measured from grade) Front(1) Rear Interior Side Side(1,2)
Up to 3 feet in height 10 feet
3 feet
Up to 5 feet in height
Greater than 5 feet in height Not permitted 5 feet Not permitted
(including rooftop equipment)
----- End of picture text -----

Notes, Table 3B:

1. Mechanical equipment located in a street-facing (i.e. front or exterior side) yard shall be screened in compliance with subsection 20.24.110.

2. Mechanical equipment located in the street side yard, shall be oriented perpendicular to the property line so that fan exhaust is not directed to the adjacent right-of-way.

• D. Performance Standards. Mechanical equipment shall comply with all applicable performance standards in accordance with subsection 20.36.020. All mechanical equipment shall be relocated or otherwise modified to prevent impacts on abutting properties.

• E. Compliance. The Community Development Director may require a property owner to provide acoustic testing of the equipment and/or install appropriate screening or other measures to ensure compliance with this ordinance.

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 [8] ), are required to provide additional benefits.

• 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

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

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City of Albany, CA § 20.24.190

PLANNING AND ZONING

§ 20.24.190

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.

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City of Albany, CA § 20.28.010

PLANNING AND ZONING

§ 20.28.020

These regulations are intended to:

• A. Implement climate change, transportation, housing, and economic development policy objectives established by the City of Albany General Plan, Climate Action and Adaptation Plan, and Active Transportation Plan.

• B. Ensure that adequate, but not excessive, off-street parking facilities for vehicles and bicycles are provided for new land uses and for alterations and enlargements of existing land uses and structures.

• C. Acknowledge the constraints posed by the existing state of development and the lack of available land area that characterize the City, and provide for equitable application of vehicle and bicycle parking space requirements and loading regulations.

• D. Ensure that off-street parking facilities are designed in a manner that will ensure circulation efficiency, and protect public safety for all travel modes, including pedestrians, bicyclists, public transit riders, and drivers.

This subsection provides general parking regulations and exceptions that apply citywide or to subareas described below, including the Waterfront zoning district. Supplementary regulations and exceptions for the Waterfront are provided in Section 20.28.040.

• A. Unlisted Uses. Requirements for types of buildings or uses not specifically listed herein shall be determined by the Community Development Director based upon the requirements for comparable uses listed and on the particular characteristics of the building or use.

• B. Changes in Use. No change of use request shall be required to meet the off-street parking requirements of this subsection.

• C. Limitation on Paved Area of Front Yards. Any paved area between the front property line and the front of a building shall be limited to a walkway for entry access, and a driveway not to exceed sixteen (16) feet in width, that forms a direct route from the street to a garage or other parking space deemed acceptable by the Community Development Director. The Planning and Zoning Commission may grant an exception to this limitation, based on unusual conditions of the site, such as topography, size, location or visibility. No parking of vehicles shall occur in any unpaved portion of a front yard.

• D. Limitation on Repairs. No repair work or servicing of vehicles shall be conducted in an off-street parking space, except such minor work performed by the resident as is common to residential use.

• E. Bicycles. Sufficient bicycle storage space including outdoor bicycle racks and indoor storage where feasible, as determined by the Planning and Zoning Commission, shall be provided by new business establishments, new multi-family developments, residential mixed-use developments, and commercial mixed-use developments in the City of Albany.

• F. Calculation of Requirements. Fractional space requirements shall be rounded to the nearest whole

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City of Albany, CA § 20.28.020

PLANNING AND ZONING

§ 20.28.020

number (one-half (1/2) shall be rounded up).

• G. Signage. Signs related to off-street parking shall be pursuant to Section 20.32.

• H. Car-Share Service. Where feasible, car share service may be established for public use. A car-share service is a mobility enhancement service that provides an integrated citywide network of neighborhood-based motor vehicles available only to members by reservation on an hourly basis, or in smaller intervals, and at variable rates. Car-share vehicles must be located at unstaffed, self-service locations (other than any incidental garage valet service), and generally be available for pickup by members twenty-four (24) hours per day. A car-share service shall assume responsibility for maintaining car-share vehicles.

les available only to members by reservation on an hourly basis, or in smaller intervals, and at variable rates. Car-share vehicles must be located at unstaffed, self-service locations (other than any incidental garage valet service), and generally be available for pickup by members twenty-four (24) hours per day. A car-share service shall assume responsibility for maintaining car-share vehicles.

• I. Multi-family Residential Unbundled Parking. In new multi-family and residential mixed-use development projects, parking spaces shall be leased or sold separately from the rental or purchase of dwelling units for the life of the dwelling units. No resident shall be required to lease or purchase a parking space, however, existing residents shall be offered the first right of refusal to rent/purchase a parking space.

• J. Electric Vehicles. The City of Albany encourages electric vehicle use and the establishment of convenient and cost-effective electric vehicle infrastructure where appropriate. Electric vehicle infrastructure shall not conflict with or create hazardous situations in the public right-of-way.

  1. Electric Vehicle (EV) is any motor vehicle registered to operate on California public roadways and operates, either partially or exclusively, on electrical energy from the grid or an off-board source that is stored on-board for motive purpose. "Electric vehicle" includes but is not limited to: a battery electric vehicle, a plug-in hybrid electric vehicle, a neighborhood electric vehicle, or an electric motorcycle.

  2. Electric Vehicle Charging Station (EVCS) means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. An electric vehicle charging station equipped with Level 1 or Level 2 charging equipment is permitted outright as an accessory use to any principal use.

• K. Transportation Demand Management Plan. The City of Albany encourages Transportation Demand Management (TDM) Plans as part of existing and new multi-family residential development, residential mixed-use development, affordable dwellings and new commercial and commercial mixed-use developments. TDM is an important strategy to increase access to alternative transportation systems, improve mobility, and minimize negative impacts associated with vehicular travel. A TDM plan describes policies, programs, or resources that support and incentivize sustainable travel choices such as walking, biking, taking transit, or carpooling.

Specific TDM measures, such as transit passes, bike share, and car share requirements, may be adopted by resolution and updated from time to time.

• L. Mechanical Lifts: Mechanical parking lifts may be used for parking spaces intended for frequent users, such as residents and employees. Lift design must allow for removal of any single vehicle without necessitating the temporary removal of any other vehicle.

• M. Conversion of Unneeded Parking: Parking spaces may be allowed to convert to other uses if they are no longer needed. Replacement uses may be subject to permit review and approval, and conformance with zoning regulations pursuant to Chapter 20 of this Municipal Code. If unneeded parking is

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City of Albany, CA § 20.28.020

ALBANY CODE

§ 20.28.020

eliminated or converted, the existing driveway shall be removed and curb cut restored unless there is sufficient space to meet the minimum standard of seven (7) feet six (6) inches in width by sixteen (16) feet in length to park on the existing driveway in a location that no part of any vehicle will extend beyond the property line into the public right-of-way or will come within one (1) foot of the back of the sidewalk, nor permit a parked vehicle to constitute a visual obstruction exceeding three (3) feet in height within twenty-five (25) feet of the intersection of any two (2) street lines.

• N. Exceptions for Parking Space Design and Spaces Above Maximum Requirement. The Planning and Zoning Commission may, through a major use permit process, approve parking spaces in excess of the maximum parking requirements contained in subsection 20.28.030 and/or modifications to the parking design standards contained in subsection 20.28.050, with approval of the following findings:

  1. The applicant demonstrates, with a parking analysis, that the additional parking and/or revised parking design standards are required to meet the anticipated parking demand of the proposed uses.

  2. That the provision of the additional parking and/or revised design standards will not result in an overdependence on vehicles, will not adversely affect public safety, and will not adversely affect transit, bicycle, or pedestrian access to the site or other abutting uses.

• O. Front Yard Parking Exceptions for New Residential Uses. The Planning and Zoning Commission in considering a request for any exception to the parking requirements will weigh the special circumstances against the potential impacts of the exception on the health, safety and welfare of the public.

  1. Parking in Required Yards. The City recognizes the existence of residential properties whose historical development did not allow for present day parking. The City encourages off-street parking to be located in the rear yard or side yard. In some cases the Planning and Zoning Commission, after due consideration, may find that permitting parking in a front yard would be more in the public interest than would a reduction in the off-street parking requirement. The Planning and Zoning Commission may approve front yard parking upon making at least the following findings as appropriate to the yard area in question:

Findings:

• a. Parking within a dwelling, a garage, carport or other structure or in the rear or side yard is not feasible or will be disruptive to landmark trees or will severely restrict private outdoor living space on the site.

• b. The area proposed for parking in the front yard will meet the minimum standard of seven (7) feet six (6) inches in width by sixteen (16) feet in length.

  • c. The parking space is designed so that no part of any vehicle will extend beyond the property line into the public right-of-way or will come within one (1) foot of the back of the sidewalk, nor permit a parked vehicle to constitute a visual obstruction exceeding three (3) feet in height within twenty-five (25) feet of the intersection of any two (2) street lines. The Planning and Zoning Commission shall not approve a front yard parking space unless a finding is made that visual obstructions are not a significant safety hazard.

  • d. Any off-street parking spaces which are permitted in front yard areas are designed to minimize aesthetic and noise intrusion upon any adjacent property.

2. Garages in Front Yards of Up-Slope Lots. Garages which are situated within required front yard

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City of Albany, CA § 20.28.020

PLANNING AND ZONING

§ 20.28.030

areas, and are built into a slope rising above the street at a ratio of one (1) vertical to two (2) horizontal, or greater, may be maintained or rebuilt to accommodate the same number of spaces as exist, so long as the minimum dimensions stated in subsection 20.28.050.A.1 are met. Such garages may not be converted into any non-parking use aside from an Accessory Dwelling Unit (ADU), and shall not be expanded outward or upward for the purpose of creating floor space for nonparking purposes, with the exception of access stairways connecting to the dwelling unit, which the garage serves.

• P. City Council Authorized to Modify Measure D Parking Requirements. After following the normal procedures for amending City Zoning Ordinances, including compliance with the California Environmental Quality Act and conducting duly noticed public hearings before the Planning and Zoning Commission and City Council, the City Council may amend the residential parking requirements established by Measure D (enacted by the Albany voters on November 7, 1978). This provision is not intended to limit in any way the authority and discretion which the City Council currently possesses to adopt Zoning Ordinance amendments.

Off-street parking spaces shall be provided according to the following schedule, unless exceptions are made according to Subsection 20.28.040 below.

• A. Residential Uses.

  1. No minimum requirements for residential uses.

  2. Maximum parking requirements apply to the San Pablo Avenue Specific Plan Area only as per Table 4 below.

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Table 4. Residential Parking Maximums within San Pablo Avenue Specific Plan
(20.28.030)1
Maximum (San Pablo Avenue Specific Plan
Land Use Area only)
Single-family dwelling 2 spaces per unit
Two-family dwelling 3 spaces per two units
Multifamily dwelling 1 space per unit
Live/work space 1 space per unit
Shared housing 0.5 space per bedroom
Bed-and-breakfast 1 per transient-occupancy bedroom
Residential care home (more than 6 residents) 1 per employee
Accessory dwelling unit 1 space per ADU
Transitional housing 1 space per 2 employees
----- End of picture text -----

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City of Albany, CA § 20.28.030

ALBANY CODE

§ 20.28.030

Notes, Table 4

  1. Requirements may be modified through Planning and Zoning Commission review subject to Subsection 20.28.020.N, Exceptions for Parking Space Design and Spaces, or Subsection 20.28.020.O.1, Front Yard Parking Exceptions. 

• B. Nonresidential Uses.

  1. Table 5A is applicable to all zoning districts, with the exception of the Waterfront (WF) district. Table 5B is applicable to the WF district only.

Key to schedules:

1/100 means one parking space per 100 square feet of gross floor area, except where specification is made for outdoor area.

1/200 means one parking space per 200 square feet, etc.

UP means parking requirement for a particular use will be determined through a use permit procedure.

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Table 5A. Nonresidential Parking Requirements - Except WF District
(20.28.030)
Maximum
Land Use (See Section 20.16 for use See § 20.28.040.E for
classifications) Minimum exceptions.
Commercial Uses: Restaurants Only 0 1/200
Commercial Uses: Other 0 1/400
Industrial Uses 0 1/800
Public & Quasi-Public Uses 0 1/1000
----- End of picture text -----

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Table 5B. Nonresidential Parking Requirements - WF District
(20.28.030)
Land Use (See Section 20.16 for use Minimum
classifications) See § 20.28.040.E for exceptions.
Public and Quasi-Public
Park and recreation facilities UP
Commercial
Bars 1/200
Commercial recreation/entertainment in Waterfront Theatre: 1 space per 4 seats
District Other: UP
Marinas and boat launching ramps UP
Restaurant 1/200
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City of Albany, CA § 20.28.030

PLANNING AND ZONING

§ 20.28.030

Table 5B. Nonresidential Parking Requirements - WF District (20.28.030) Land Use (See Section 20.16 for use Minimum classifications) See § 20.28.040.E for exceptions. Waterfront and waterfront-sports-related 1/400 commercial sales and service

• C. Bicycle Parking.

  1. Bicycle Parking Definitions.

     • a. Bicycle Parking Facility. A space exclusively for the storage of bicycles. This includes bicycle racks and bicycle storage.

     • b. Bicycle Rack. A stationary fixture with a base that anchors for surface mounting and must be able to accommodate at least two (2) bicycles upright by rack frame. This includes exterior bicycle parking.

     • c. Long-Term Bicycle Parking. A bicycle parking facility that includes secure enclosed space with controlled access for one or more bicycles to be parked or stored for durations of greater than two hours. This includes, but is not limited to, bicycle lockers and rooms dedicated to bicycle parking and include means (e.g. racks) for securing individual bicycles.

     • d. Short-Term Bicycle Parking. Short-term bicycle parking shall consist of a bicycle rack or racks in an easily accessible location that is intended to accommodate visitors, customers, messengers, and others expected to park for a limited duration.

     • e. Large Bicycles. Longer bicycles, such as cargo, longtail, recumbent, tandem, and bicycles with trailers, commonly used to carry children or cargo.

  2. Applicability. Bicycle parking facilities shall be provided in accordance with the provisions of this ordinance for all of the following:

     • a. New construction of commercial, public and quasi-public, industrial, or multifamily residential buildings;

     • b. Substantial renovation of any non-residential property–short-term bicycle parking requirements only; and

     • c. Temporary events on private property.

  3. Bicycle Parking Requirements by Use.

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City of Albany, CA § 20.28.030

ALBANY CODE

§ 20.28.030

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Table 6. Bicycle Parking Requirements
(20.28.030)
Land Use Parking Requirement1
Residential (multi-family) 1 short-term space per 20 dwelling units
1 long-term space per dwelling unit with less than 2
bedrooms
1.5 long-term spaces per dwelling unit with 2 or
more bedrooms
Commercial / Public and Quasi- 1 short-term space per 1,500 sq. ft. of floor area
Public
1 long-term space per 10 employees, or 1 long-term
space for every 10,000 square feet of floor area
(whichever is greater)
Industrial / Manufacturing 1 long-term space per 10 employees, or 1 long-term
space for every 10,000 square feet of floor area
(whichever is greater)
Temporary Events Number of spaces as established by the
Administrative Regulations
----- End of picture text -----

Notes:

• 1 Calculations for the number of required bicycle parking spaces shall be rounded up to the nearest whole number.

4. Additional Requirements.

   • a. Long-Term Bicycle Spaces. The following regulations apply to all developments with long-term bicycle spaces:

     • (1) No more than 50% of all bicycle parking spaces shall require manual lifting to use;

     • (2) At least 20% of required long-term spaces shall accommodate large bicycles; and

     • (3) At least 20% of required long-term bicycle spaces shall have electrical sockets accessible to the spaces, half of which should be made available to the large bicycle parking spaces.

   • b. Bicycle Racks. The following regulations apply to bicycle rack installation:

     • (1) Bicycle racks shall be securely anchored to the surface to prevent easy removal and shall be of sufficient strength to resist vandalism and theft.

     • (2) Wherever placement of a rack for short-term bicycle parking is determined to be infeasible on-site, the rack may be installed within the public right-of-way, subject to review and approval by the Public Works Director. Such review shall include, but not be limited to, the proposed rack design, location, installation method, and issuance of an encroachment permit.

     • (3) Bicycle racks located in the public right-of-way shall be installed in a manner that

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City of Albany, CA § 20.28.030

PLANNING AND ZONING

§ 20.28.040

ensures safe and convenient ingress and egress for vehicles and shall maintain a minimum unobstructed accessible sidewalk clearance as established in the Administrative Regulations.

  - (4) In the Solano Commercial (SC) and San Pablo Commercial (SPC) Zoning Districts, racks for short-term bicycle parking may be located within the public right-of-way regardless of on-site feasibility and shall be subject to the same review and approval requirements as outlined above. 

• c. Commuter Amenities. All businesses employing more than fifty (50) persons and operating within newly constructed buildings shall be required to provide on-site bicycle commuter amenities, including showers, lockers, and changing facilities, to support active transportation.

• (1) The design, quantity, and placement of such amenities shall conform to the specifications outlined in the City’s administrative regulations (see subsection 5 below).

  - (2) The number of employees of a business shall be defined as the number of persons working on-site at any one time. 
  

  • d. Temporary Events/Festivals. Event organizer(s) shall provide free monitored bicycle parking within one block of a primary event entrance, with the parking area free of obstructions, located on open, flat surfaces where feasible, and clearly marked. Event organizers must promote bicycle parking in all publicity materials, including the number of spaces and location, and must give bicycle parking equal prominence as other transportation information. For recurring events, organizers shall track the number of bicycles parked to inform future planning efforts.

5. Administrative Regulations.

   • a. The Community Development Director shall develop, publish, and maintain administrative regulations which shall govern the design, placement, materials, and installation of bicycle parking facilities required under this ordinance. These standards shall be made publicly available and may be revised periodically by the Director to incorporate best practices, advancements in bicycle parking technology, and evolving community need.

   • b. Compliance with the administrative regulations shall be mandatory for all applicable use permits and development projects. No permit shall be issued unless the required bicycle parking facilities have been verified in conformance with these standards.

These supplemental regulations apply to the Waterfront (WF) zoning district only. The Planning and Zoning Commission in considering a request for any exception to the parking requirements will weigh the special circumstances against the potential impacts of the exception on the health, safety and welfare of the public.

• A. Nonresidential Uses. When any structure is constructed, enlarged, or increased in capacity, or when a

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City of Albany, CA § 20.28.040

ALBANY CODE

§ 20.28.040

change in use occurs, the requirements of this subsection shall be satisfied, except as specifically provided in subsection 20.28.040.B. For purposes of this subsection a change of use shall mean replacement of one activity with another activity that the City determines to be in a different category of parking space requirements, (e.g., a change in requirement from one (1) space per three hundred (300) square feet to one (1) space per two hundred (200) square feet.)

• B. Multiple Use. When two (2) or more nonresidential uses are located in the same building and/or in common developments other than shopping centers, or when parking facilities for different buildings or uses are provided collectively, the parking requirements shall be the sum of the separate requirements for each use, except as provided in subsection 20.28.040.B.4 below. Special provisions for mixed residential and nonresidential facilities are stated in subsection 20.28.040.C below.

• C. Dedication to Parking. All off-street parking spaces, carports, parking lots, parking garages and access drives required by this chapter shall be dedicated to the parking of motor vehicles and kept available for parking for the duration of the use requiring the parking. In the event that a change of use or other change of circumstances causes the existing parking spaces on a nonresidential site to be in excess of the minimum requirement for the use of the site, the Community Development Director may consider approval of an arrangement by which the excess spaces may meet requirements for other uses, through a minor use permit process.

• D. Alternative Methods of Meeting Parking Requirements for Nonresidential Uses. Required off-street parking spaces normally will be provided on the site of the use being served, through the approval process required for such use. Alternatively, the off-street parking requirements as specified by this section for nonresidential uses may be fulfilled by the following means:

1. Off-Site: Required off-street parking spaces may be provided in a different location from the location of the use being served, provided that parking for customers and visitors is located within seven hundred (700) feet and parking for employees is within one thousand (1,000) feet, with distances measured from the near corner of the parking facility to the main public entrance of the use served via the shortest pedestrian route. Such arrangements may be approved through an administrative zoning permit process, unless a use permit is required for the basic use, in which case consideration of off-site parking shall be made part of the use permit consideration.

   2. In-Lieu Fee: The City Council may establish by ordinance a method by which payment of a fee may be accepted by the City in fulfillment of the requirement for one (1) or more parking spaces. Fees thus collected would be used by the City to increase the supply of parking available to support activities in the SC and SPC zoning districts and to enhance parking facilities.

   3. Assessment District: The City Council may initiate, pursuant to appropriate State statutes, the formation of one (1) or more special districts for the purpose of providing public off-street parking. Participation in such a district by property or business owners could provide a means of fulfilling all or part of the parking requirements for a particular site. Fees paid in lieu of providing parking spaces could be used by the City in conjunction with an assessment district.

• E. Exceptions for Nonresidential Uses.

  1. Planning and Zoning Commission Adjustment for Shared Parking. Off-street parking facilities for one (1) use shall generally not be considered as providing required off-street parking facilities for any other use. However, off-street parking facilities for one (1) nonresidential use may be considered as providing required off-street parking facilities for other nonresidential uses on the same site or an adjacent site based upon demonstration that the peak of aggregate parking demand for the combined uses is not greater than the number of off-street parking

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City of Albany, CA § 20.28.040

PLANNING AND ZONING

§ 20.28.050

spaces that are available to serve the combined uses. The Community Development Director may require a survey to substantiate such a request. The Planning and Zoning Commission shall consider the shared parking request through a major use permit process. The recordation of a written agreement among the parties participating in the sharing arrangement shall be a condition of the use permit.

2. Planning and Zoning Commission Adjustment Number of Spaces. The Commission may, through a major use permit process, adjust the parking requirements contained in subsection 20.28.030.B for any nonresidential use. In granting an adjustment the Commission shall make the following findings:

   • a. On the basis of a parking demand survey of comparable situations, parking required for the proposed use will either be in excess or not sufficient for the development.

• b. For a reduction in parking minimums: the probable long-term occupancy of the property or structure, based on the project design, will not generate substantial additional parking demand.

  • c. For an increase in maxing maximums: the probable long-term occupancy of the property or structure, based on the project design, will generate substantial additional parking demand.

  • d. Based on a current survey of parking space availability and usage within a five hundred (500) foot walking distance of the boundary of the site of the subject building, the parking exception will not have a substantial effect on the parking available for neighboring uses.

§ 20.28.050. Parking Area Standards. [Ord. No. 04-09; Ord. No. 09-011 § 20; Ord. No. 2014-05 § 9; Ord. No. 2017-06 § 2; amended 1-16-2024 by Ord. No. 2023-07]

• A. Dimensional Standards.

  1. Single-Family Residential Uses:

     • a. Enclosed Parking. The minimum dimensions for an enclosed single-car garage meeting the parking requirements for a newly constructed single-family dwelling shall be eight (8) feet six (6) inches in width, nineteen (19) feet in length, and seven (7) feet in height. The minimum width dimension of a double-car enclosed parking space shall be sixteen (16) feet. All minimum width dimensions shall be increased by an additional one (1) foot of width adjacent to each wall or other fixed obstruction that abuts the long dimension of the parking space.

     • b. Covered Parking. The minimum dimensions for a single-car covered parking space meeting the parking requirements for a newly-constructed single-family dwelling shall be eight (8) feet six (6) inches in width, eighteen (18) feet in length, and seven (7) feet in height. The minimum width dimension for a double-car covered parking space shall be sixteen (16) feet. All minimum width dimensions shall be increased by an additional one (1) foot of width adjacent to each wall, fence, property line or other fixed obstruction that restricts access abutting the long dimension of the parking space.

     • c. Open Parking. The minimum dimensions for an open parking space meeting the parking requirements for a newly constructed single-family dwelling shall be eight (8) feet six (6) inches in width and eighteen (18) feet in length. The minimum width dimension for a

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City of Albany, CA § 20.28.050

ALBANY CODE

§ 20.28.050

double-car open parking space shall be sixteen (16) feet.

• d. Open or Covered Parking (Pre-1978). Where warranted by spatial limitations, the Planning and Zoning Commission may permit an open or covered parking space measuring no less than seven (7) feet six (6) inches wide, by sixteen (16) feet long, to meet off-street parking requirements. The Commission may permit a minimum width dimension for a double-car open or covered parking space to be fourteen (14) feet. All minimum width dimensions shall be increased by one (1) foot of width adjacent to each wall, fence, property line or other fixed obstruction that restricts access abutting the long dimension of the parking space.

n (16) feet long, to meet off-street parking requirements. The Commission may permit a minimum width dimension for a double-car open or covered parking space to be fourteen (14) feet. All minimum width dimensions shall be increased by one (1) foot of width adjacent to each wall, fence, property line or other fixed obstruction that restricts access abutting the long dimension of the parking space.

• e. The minimum width of a driveway providing access to a required parking space shall be seven (7) feet.

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----- Start of picture text -----
Table 6. Residential Parking Dimensions (20.28.050)
Type of Parking Width Length Height
Enclosed Parking:
Single space 8'6" 19' 7'
Side-by-side spaces 16' 19' 7'
Covered Parking:
Single space 8'6" 18' 7'
Side-by-side spaces 16' 18' 7'
Open Parking:
Single space 8'6" 18' N/A
Side-by-side spaces 16' 18' N/A
Driveways
Single 7' N/A N/A
Double 15' N/A N/A
----- End of picture text -----

2. Multifamily and Nonresidential Uses:

   • a. Standard Space Requirements. The minimum off-street parking dimensions shall be as prescribed below. The Commission may make adjustments to the standards in specific cases, after considering the circumstances of a particular parking plan, land use, or site characteristics.

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----- Start of picture text -----
Table 7. Dimensions of Standard Parking Spaces (20.28.050)
AISLE WIDTH
ANGLE STALL WIDTH STALL LENGTH ONE-WAY TWO-WAY
Parallel 8'6"* 23' 12' 20'
30° 8'6" 17'6" 11' 20'
----- End of picture text -----

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City of Albany, CA § 20.28.050

PLANNING AND ZONING

§ 20.28.050

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----- Start of picture text -----
Table 7. Dimensions of Standard Parking Spaces (20.28.050)
AISLE WIDTH
ANGLE STALL WIDTH STALL LENGTH ONE-WAY TWO-WAY
45° 8'6" 20' 13'6" 20'
60° 8'6" 22' 18'6" 20'
Perpendicular 8'6"* 20' 25' 25'
----- End of picture text -----

*One (1) additional foot shall be provided on each side abutting any wall, fence, property line, or other fixed obstruction that restricts vehicle

access.

• b. Compact Space Requirements. A maximum of twenty-five (25%) percent of the required parking spaces in parking lots of five (5) or more spaces may be devoted to compact car spaces. All compact car spaces shall be clearly marked for "compact cars." Compact spaces shall be designed according to the following schedule:

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----- Start of picture text -----
Table 8. Dimensions of Compact Parking Spaces (20.28.050)
ANGLE STALL WIDTH STALL LENGTH
Parallel 7 ft. 6 in.* 20 ft.
45 Degrees 8 ft. 6 in. 16 ft.
60 Degrees 8 ft. 6 in. 17 ft.
Perpendicular 8 ft. 6 in.* 16 ft.
----- End of picture text -----

*One (1) additional foot shall be provided on each side abutting any wall, fence, property line, or other fixed obstruction that restricts vehicle access.

Guide to Dimensional Requirements (Standard Spaced):

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• B. Design Standards. Standards for off-street parking facilities areas shall include:

  1. Lighting. Lighting shall be deflected away from residential sites public and private view so as

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City of Albany, CA § 20.28.050

ALBANY CODE

§ 20.28.060

to cause no annoying glare.

2. Bumpers. Bumpers, posts, wheel stops or other acceptable devices shall be provided on all parking spaces located along property lines.

• Tandem Parking.

• a. Except as specified in Paragraph b and c below, each parking space shall have unobstructed access from a street or from an aisle or drive connecting with a street without requiring moving another vehicle.

• b. Required parking spaces for any dwelling unit, including an Accessory Dwelling Unit, may be arranged in tandem.

• c. On sites containing only professional offices occupying no more than two thousand five hundred (2,500) square feet of net floor area, with no other uses on the site, the Planning and Zoning Commission may permit tandem parking with the following findings:

Findings:

  - (1) The size or configuration of the site prevents a conventional arrangement of parking spaces. 

  - (2) The nature of the office use indicates a limited demand for client or visitor parking. 

  - (3) Spaces without direct access to a street are reserved for persons employed on the site. 

4. Entrances and Exits. Entrances from and exits to streets shall be provided at locations approved by the Director of Public Works.

5. Parking Surface. In parking lots the parking area, aisles and access drives shall be paved so as to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water without damage to private or public properties, streets, or alleys, or drainage across sidewalks.

6. Screening and Landscaping. See subsection 20.24.110.F for requirements for screening and landscaping of parking areas.

7. Nonresidential Parking Facilities in Residential Districts. Where parking facilities serving nonresidential uses are allowed by use permit in residential districts, the following additional standards shall apply:

   • a. Access. The parking facility shall be accessed only by way of the contiguous commercial district only. Direct access to a street from property in the residential district shall be limited to emergency vehicles only.

   • b. Setbacks. Parking facilities, including surface paving and any structures, shall comply with required setbacks for the residential district, except that the setback from the property line contiguous to the commercial district may be waived.

• A. Purpose. These regulations are intended to provide off-street loading facilities, to discourage on-street loading and to prevent traffic congestion and a shortage of curb spaces.

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City of Albany, CA § 20.28.060

PLANNING AND ZONING

§ 20.28.080

• B. General Provisions.

  1. When any structure is constructed, enlarged or increased in capacity, or when a change in use creates an increase in the amount of off-street loading space required, the requirements of this subsection shall be followed.

  2. No portion of any required front or side yard shall be used for off-street loading purposes.

  3. No area may be utilized and counted both as a required parking space and a required loading berth, except with approval of the Community Development Director based on consideration of patterns of usage for parking and loading.

  4. Requirements for uses not specifically listed herein shall be based upon the requirements for comparable uses listed and upon the particular characteristics of the use as determined by the Planning and Zoning Commission.

  5. No repair work or servicing of vehicles shall be conducted in the loading area.

  6. Signs related to off-street loading shall be pursuant to Section 20.32.

Off-street loading facilities shall be provided as follows:

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----- Start of picture text -----
Table 9. Loading Space Requirements (20.28.070)
USE NUMBER OF LOADING SPACES
Multifamily Dwelling Units (including in One (1) on- or off-street loading space for projects with 30
Mixed Use Developments) within the San or more dwelling units
Pablo Avenue Specific Plan Planning Area
Multi-tenant Shopping Center One (1) loading space for each 15,000 square feet of gross
floor area.
Commercial, other As determined by the Planning and Zoning Commission
using the following criteria: type of business, frequency of
deliveries, typical size of delivery vehicle, and space
available.
Industrial:
Up to 5,000 sq. ft. of gross floor area 0 spaces
(GFA)
5,001 - 9,999 sq. ft. GFA 1 space
10,000 – 19,999 sq. ft. GFA 2 spaces
20,000 or more 3 spaces plus 1 additional space per 10,000 s.f. (GFA)
----- End of picture text -----

• A. Dimensional Standards. All off-street loading facilities shall comply with the following minimum dimensions, except that these dimensions may be reduced by the Planning and Zoning Commission

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City of Albany, CA § 20.28.080

ALBANY CODE

§ 20.28.080

based on the type of vehicle to be accommodated.

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----- Start of picture text -----
Table 10. Loading Space Dimensions (20.28.080)
USE SPACE WIDTH SPACE LENGTH SPACE HEIGHT
Shopping Center and Industrial 12' 45' 14'
Commercial 12' 25' 14'
----- End of picture text -----

• B.

• Design Standards. Standards for off-street loading areas shall include:

1. Lighting. Lighting shall be deflected away from residential uses so as to cause no annoying glare.

2. Access Drives. Entrances from and exits to streets shall be provided at locations approved by the Community Development Director.

3. Loading Surface. Loading areas and access drives shall be paved so as to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water without damage to private or public properties or streets.

4. Turning and Maneuvering. Sufficient room for turning and maneuvering vehicles shall be provided on the site without infringing on off-street parking spaces.

5. Bumper Rails. These shall be provided where necessary for safety or to protect property, in accordance with standards prescribed by the Community Development Director.

6. Screening/Landscaping. (See subsection 20.24.110.G for requirements for screening and landscaping of loading areas.)

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City of Albany, CA § 20.32.010

PLANNING AND ZONING

§ 20.32.015

This section creates a comprehensive and balanced system of sign regulation in the City of Albany which will facilitate communication by sign and simultaneously serve public interests, including, but not limited to, the following:

• A. Free Speech. To accommodate and encourage the right of free speech by sign display, while balancing this right against other public interests.

• B. Public Health and Welfare. To serve the public health, safety, and welfare through appropriate prohibitions, regulations, and controls on the design, location, and maintenance of signs.

• C. General Plan. To implement the sign-related goals, purposes and strategies of the City's general plan.

• D. Regulation System. To establish a comprehensive and reasonable system for regulating signs integrated within the Zoning Code.

• E. Notice. To provide public notice of rights and responsibilities related to sign display.

• F. Equal Rights. To ensure that similarly situated persons have equal rights and responsibilities regarding sign display.

• G. Community Aesthetics. To serve the aesthetic interests of the City by minimizing visual clutter which can be caused by excessive signs.

• H. Visibility. To relate sign area and height to viewing distance and optical characteristics of the eye.

• I. Safety. To reduce safety hazards to drivers and pedestrians by minimizing the view obstruction, distraction, and confusion that can result from inappropriate or improperly placed signs.

• J. Structural Integrity. To minimize safety risks by ensuring structural integrity and proper maintenance of signs.

• K. Residential Tranquility. To protect the peaceful, quiet, residential nature of neighborhoods from intrusion or degradation by excessive commercial signs.

• L. Compatibility. To ensure that sign structures are physically compatible with the surrounding area.

• M. Property Values. To protect and enhance property values by minimizing signs that contribute to the visual clutter of the streetscape, such as oversized signs and excessive temporary signs.

• N. Economic Value. To enhance the economic value of the City and each area therein by setting reasonable rules regarding sign size, location, design and illumination.

• O. Information. To serve the public convenience by providing for directional and functional information on signs.

9. Editor's Note: This ordinance also provided for the repeal of former § 20.32, Signs, adopted by Ord. No. 78-07, as amended.

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City of Albany, CA § 20.32.015

ALBANY CODE

§ 20.32.020

This section regulates signs that are mounted or displayed on public and private property within the City of Albany.

• A. As used in § 20.32, Signs, this section, the following terms shall have the meanings indicated:

  • AWNING — Any structure made of flexible fabric or similar material covering a frame attached to a building.

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AWNING SIGN — A visually communicative element placed upon an awning.

BANNER — Any temporary sign of lightweight fabric or similar material that is mounted on a building wall (or construction fence if located at a construction site) at one or more edges for the purpose of attracting attention and/or displaying a visually communicative image.

BILLBOARD — A permanent structure sign in a fixed location, that meets one or more of the following criteria:

1. Is intended to be used for, or is actually used for, the display of general advertising or general advertising for hire, regardless of whether the display of the message is in exchange for cash or any other consideration, and regardless of whether a given message is categorized as commercial, noncommercial, or otherwise; or

2. Is intended to be used for, or is actually used for, the display of commercial advertising messages which pertain to products or services which are offered at a different location, also known as "off-site commercial" messages; or

3. Constitutes a separate principal use of the property, in contrast to an auxiliary, accessory or

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City of Albany, CA § 20.32.020

PLANNING AND ZONING

§ 20.32.020

appurtenant use to the principal use of the property.

CITY PROPERTY — Land or other property in which the City of Albany holds a present right of possession and control.

COMMERCIAL MESSAGE — A visually communicative image on a sign, or a portion of a sign, which proposes or encourages an economic transaction, or which concerns the economic interests of the sign sponsor and/or the viewing audience. Contrast: noncommercial message.

DEVELOPMENT SIGN — A temporary sign listing the architect, landscape architect, engineer, planner, contractor, or other person or firm participating in the development or construction or financing of the project.

EXEMPT SIGN — A sign which may be legally displayed, erected or maintained, but it is not subject to a sign permit. Exemption from the sign permit requirements does not mean exemption from other applicable planning and zoning requirements. Exempt signs may still be subject to rules about size, height, setback, illumination and other applicable requirements of this chapter or Code.

FLAG — Any fabric, banner, or bunting containing distinctive colors, patterns, or design that displays the symbol(s) of a nation, state, local government, company, organization, belief system, idea or other meaning. The term is not restricted to official or government flags.

FREESTANDING SIGN — A permanent structure sign that is self-supporting in a fixed location and not attached to a building. Freestanding signs are of two general types: monument and pole.

==> picture [324 x 271] intentionally omitted <==

FULLY ANIMATED SIGN — An on-premises identification sign with flashing, blinking, animated, or rotating signs, or signs whose illumination or surface changes with time; this shall not include barber poles, reader boards or public service messages such as time and temperature.

HOLD HARMLESS — An agreement between the property owner and the City which indemnifies

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City of Albany, CA § 20.32.020

ALBANY CODE

§ 20.32.020

and relieves the City of all financial responsibility, liability and other costs, including attorneys' fees, for any injury or damages that result by virtue of a claim against the City by a third party.

ILLEGAL SIGN — Any of the following:

1. A sign erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use;

2. A sign that is unlawfully placed and causes a potential traffic hazard or obstructs site distance or the view of any authorized traffic sign, signal, or other such device.

ILLUMINATED SIGN — A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. The term includes signs made from neon or other gas tubes that are bent to form letters, symbols, or other shapes.

MARQUEE SIGN — A permanent roof-like structure or canopy made of rigid materials supported by and extending from the facade of a building.

==> picture [298 x 242] intentionally omitted <==

MASTER SIGN PROGRAM — A comprehensive scheme for a consistent visual theme applicable to multiple establishments located in a single development project. Such programs often include standardized fonts, lighting, background, other elements of graphic design, and placement rules. Also known as "sign program."

MONUMENT SIGN — A freestanding sign constructed upon a solid-appearing base or pedestal.

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City of Albany, CA § 20.32.020

PLANNING AND ZONING

§ 20.32.020

==> picture [278 x 254] intentionally omitted <==

MURAL — A one-of-a-kind, hand-painted or hand-tiled image applied to and made integral to the exterior wall of a commercial or industrial building in commercial and industrial zones, in public view, that contains no commercial message.

NITS — The measurement of a surface brightness or candela per square meter.

NONCONFORMING SIGN — A sign that was lawfully erected but which does not conform to current law. The term does not apply to signs that were originally erected in violation of then-current law.

NONCOMMERCIAL MESSAGE — The message on a sign which concerns noncommercial matters, typically including commentary or advocacy on topics of public debate and concern, such as, by way of illustration and not limitation, religion, politics, art, and social commentary. This definition shall be construed and interpreted in light of relevant court decisions. Noncommercial messages do not have a location factor such as on-site or off-site. Contrast: commercial message.

ercial matters, typically including commentary or advocacy on topics of public debate and concern, such as, by way of illustration and not limitation, religion, politics, art, and social commentary. This definition shall be construed and interpreted in light of relevant court decisions. Noncommercial messages do not have a location factor such as on-site or off-site. Contrast: commercial message.

NONCOMMUNICATIVE ASPECTS — Those aspects of a sign which are not directly communicative, such as the physical structure when not figurative or symbolic, mounting device, size and height, setback, illumination, spacing, density, scale and mass relative to other structures, etc.

OFF-SITE OR OFF-PREMISES SIGN — A sign that identifies, advertises or attracts attention to a business, product, service, event, or activity sold, existing or offered at a different location.

ON-SITE OR ON-PREMISES SIGN — Any sign or portion thereof that identifies, advertises or attracts attention to a business product, service, event or activity that is sold, existing or offered upon the same property or land use as the sign.

ON-SITE ADVISORY SIGN — A sign which provides information for the convenience of the public such as services available, direction or courtesy information. Typical examples include store entrances, walk-up windows and self-service operations, hours of operation, handicapped accessibility, restroom, and directional signs for vehicles, bicycles, and pedestrians.

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City of Albany, CA § 20.32.020

ALBANY CODE

§ 20.32.020

PARTIALLY ANIMATED SIGNS — Flashing, blinking, animated, or rotating signs or signs whose illumination or surface changes with time, on a very limited basis. This shall not include barber poles, reader boards or public service messages such as time and temperature.

PENNANT or STREAMER — Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, attached to a rope, wire, or string, usually in a series, designed to move in the wind and attract attention. Flags are not within this definition. Traditional pennants are triangular to "swallow tail" in form and longer in the fly than in the hoist or attachment.

PERMANENT SIGN — One for which a sign permit is approved and issued with no time restriction.

POLE SIGN — A freestanding sign supported by one or more metal or wood posts, pipes, or other vertical supports. This includes signs whose supporting poles or pylons are covered by cladding. This definition applies to pole signs even when the poles have been covered by cladding.

PORTABLE SIGN — A sign not permanently attached to the ground or other permanent structure but which is instead designed to be transported or easily moved, including, but not limited to, signs designed to be transported by means of wheels, A-frames and balloons.

PRIMARY BUILDING FACE — That wall of a building which contains the principal entrance or entrances to the building. If there are principal entrances in more than one wall, the longest of the walls in which principal entrances are located shall be the primary building face. "Primary building face" shall include not only the wall itself but all doors, windows, or other openings therein and projections therefrom.

PROJECTING SIGN — A sign affixed to the face of a building and projecting more than 12 inches either perpendicularly or at an angle from the surface.

==> picture [292 x 261] intentionally omitted <==

PUBLIC RIGHTS-OF-WAY — All public rights-of-way, regardless of ownership. City property includes any curbstone, lamppost, pole, bench, hydrant, bridge, wall, tree, sidewalk, parking strip or structure in or upon any public street, alley, public right-of-way or any other public property.

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City of Albany, CA § 20.32.020

PLANNING AND ZONING

§ 20.32.020

READER BOARD — A sign or portion of a sign designed for use with interchangeable letters.

REAL ESTATE SIGN — Any temporary sign displaying a message which concerns a proposed sale, rent, lease, or exchange of real property. All signs described within California Civil Code Section 713 are within this definition.

ROOFLINE — The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.

ROOF SIGN — A type of roof sign that is located on a roof of a building or having its major structural supports attached to a roof.

SIGN — All letters, figures, symbols or objects designed or used to attract or direct attention for identification, directional or advertising purposes. "Signs" include all banners, placards, posters, strings of lights, outdoor displays and similar items used to attract attention.

SIGN AREA — The display surface area including any background or backing constructed, painted or installed as an integral part of the sign as follows:

1. Where separate backing or individual cutout figures or letters are used, the area shall be measured as the area of the smallest polygon and not to exceed six straight sides which will completely enclose all figures, letters, designs, and tubing which are part of the sign.

2. Where separate or individual component elements of a sign are spaces or separated from one another, each component shall be considered a separate sign.

• The total sign area shall be measured to include all sides of a double-faced or multisided sign.

SIGN PERMIT — A written authorization from the City to erect, maintain or display a sign. A building permit issued for a sign is also considered a sign permit for that sign.

SPECIAL PUBLIC EVENTS — Events such as public street closures, parades and demonstrations.

STREET BANNER — A sign made of material similar to heavy canvas or reinforced plastic, attached to light standards, and suspended over a City street or sidewalk from time to time.

STREET FRONTAGE — The linear distance of the property parallel to the street right-of-way.

SUSPENDED SIGN — A sign hung from beneath an awning, canopy, covered walkway or arcade. This category also includes projecting signs.

TRADITIONAL PUBLIC FORUM — The surfaces of City-owned streets, the surfaces of Cityowned public parks (not including cemeteries), public sidewalks which are connected to the City's main pedestrian circulation system, and the surface of the pedestrian area immediately surrounding City Hall (not including the interior thereof). In consultation with the City Attorney, the Community Development Director shall interpret this term for compliance with court decisions.

TEMPORARY COMMERCIAL SIGN — A commercial sign intended for display of up to 90 days. Area of temporary signs shall not be included in computation of allowable area for permanent signing.

TEMPORARY NONCOMMERCIAL SIGN — A sign which displays noncommercial speech. Temporary noncommercial signs shall not be inflatable or air-activated, projecting, or roof-mounted.

WALL SIGN — Any sign attached to, erected against or painted upon the wall of a building or structure, the face of which is in a single plane parallel to the plane of the wall. Wall signs also includes signs on a false or mansard roof.

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City of Albany, CA § 20.32.020

ALBANY CODE

§ 20.32.020

==> picture [294 x 273] intentionally omitted <==

WINDOW SIGN, PERMANENT — A sign displayed within three feet from the inside of the window face or on the window face, and that is visible from a public street or walkway, on display without change in image for more than 90 days per calendar year.

==> picture [284 x 244] intentionally omitted <==

WINDOW SIGN, TEMPORARY — A sign displayed within one foot of a window face, and that is visible from a public street or walkway, on display less than 90 days per calendar year.

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City of Albany, CA § 20.32.020

PLANNING AND ZONING

§ 20.32.030

YARD SIGN — A freestanding sign displayed on private property displayed from ground level.

Whenever any sign permit, master sign program, conditional use permit, zoning administrator permit, or planning entitlement, or other sign-related decision is made by any exercise of official discretion, such discretion shall be exercised only as to the noncommunicative aspects of the sign, such as size, height, orientation, location, setback, illumination, spacing, scale and mass of the structure, compatibility with the surrounding area, etc.

• A. Nontransferable. Each permit will be for a specific sign of a specific occupant and will not be transferable from one location to another.

• B. Window Coverage. In commercial zoning districts, window signs shall not exceed 20% of the window area and transparent door frontage on any building facade. Any sign either hung within two feet of a window or attached to a display located within two feet of a window shall be considered a window sign.

• C. Public Right-of-Way Projections. All property owners who wish to install any signs which project onto the City's public right-of-way shall be required to submit a hold-harmless agreement prior to sign installation that indemnifies and relieves the City, and if necessary, the State of California, of all financial responsibility, liability and other costs.

• D. Sign Placement. Signs shall not be installed to cover architectural or character-defining features of the building. Where feasible, signs should be placed below transom level and indirectly illuminated or halo-lit.

• E. Removal of Illegal Signs. Signs erected or placed contrary to the regulations of this section shall be removed promptly upon notice from the Community Development Department.

• F. Immediate Removal. Streamers, pennants, banners, nonconforming in-window signs and signs which are dilapidated or abandoned shall be promptly removed.

• G. Owner's Consent. No sign may be placed on private property without the consent of the legal owner of the property and persons holding the present right of possession and control (ex: tenant or leaseholder).

• H. Responsibility for Compliance. The responsibility for compliance with this section rests jointly and severally upon the sign owner and/or sponsor, all parties holding the present right of possession and control (e.g., tenant or leaseholder) of property whereon a sign is located, and the legal owner of the lot or parcel, even if the sign was mounted, erected, or displayed without the owner's consent or knowledge.

• I. Prospective Regulation. This section applies only to signs whose structure or housing is affixed to its intended premises after the date on which this section takes effect. However, this provision does not legalize signs which were originally installed without full compliance with all then-applicable laws.

• J. On-Site and Off-Site Distinctions. The distinction between on-site (or on-premises) and off-site (or off-premises) within this section applies only to commercial speech messages.

• K. Applicability for Mixed-Use Projects. In any zoning district where both residential and nonresidential

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City of Albany, CA § 20.32.030

ALBANY CODE

§ 20.32.040

uses are allowed, the sign-related rights and responsibilities applicable to any particular parcel or land use are as follows: residential uses are treated as if they were located in a residential land use designation where that particular residential use would be allowed as a matter of right, and nonresidential uses are treated as if they were located in a nonresidential land use designation where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or other discretionary process.

• L. Legal Nature of Sign Rights and Duties. As to all signs attached to real property, the sign rights, duties and obligations arising from this section run with the property on which a sign is mounted or displayed. This section is not intended to modify or affect the law of fixtures, ownership of sign structures, or sign-related provisions in private leases so long as they are not in conflict with this section or other law. This section is not intended to prevent or impede a sign owner from removing a sign structure from a given location and installing it in another location, so long as all permit requirements applicable to the new location are satisfied.

• M. Sign Removal. Upon closure of a business, the sign shall be removed within 30 days of the date of closure.

• A. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech or favoring of any particular protected noncommercial message over any other noncommercial message. This provision prevails over any more specific provision to the contrary.

• B. Message substitution under this section does not:

  1. Create a right to increase the total amount of sign area on a parcel, lot or land use;

  2. Affect the requirement that a sign structure or mounting device be properly permitted under the Building Code;

  3. Allow a change in the physical structure of a sign or its mounting device; or

  4. Authorize the substitution of an off-site commercial message in place of an on-site commercial message or in place of a noncommercial message.

• C. Message substitution is a continuing right that may be exercised any number of times. Substitution of message applies to the whole or any part of any legally existing sign display area. The substitution right applies to the sign owner and to any other message sponsor displaying any image on the sign with the owner's consent, regardless of whether a fee or any other consideration is given for the display.

• A. Time Duration. Temporary commercial signs may be displayed for up to 90 days in commercial and industrial zoning districts.

• B. Location. Signs shall be located on private property only and with permission of the owner or occupant.

• C. Size Limitation. Temporary commercial signs shall not exceed four square feet in area per sign.

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City of Albany, CA § 20.32.040

PLANNING AND ZONING

§ 20.32.055

• D. Public Right-of-Way. Temporary commercial signs shall not be located on City property or public rights-of-way. Temporary commercial signs located on City property or public rights-of-way shall be subject to removal by the City of Albany.

• A. Time Duration. Temporary noncommercial signs may be displayed without a time duration in all zoning districts.

• B. Location. Signs shall be located on private property only and with permission of the owner or occupant.

• C. Size Limitation. Temporary noncommercial signs shall not exceed 16 square feet in area per sign.

• D. Public Right-of-Way. Temporary noncommercial signs displayed shall not be located on City property or public rights-of-way. Temporary noncommercial signs located on City property or public rights-of-way shall be subject to removal by the City of Albany.

• E. Exception. City-sponsored temporary noncommercial sign displays shall be permitted for up to 90 days on City property with prior notice and authorization by the Community Development Director or their designee. The notice shall include the time duration for installation and locations of City property.

The following signs are not allowed:

• A. Fully animated signs.

• B. Dilapidated or abandoned signs.

• C. Off-premises signs.

• D. Pennants or streamers.

• E. Billboards.

The following sign types are allowed in any land use designation without a sign permit. These signs must comply with all applicable rules and structural and locational rules and requirements, and as otherwise provided herein:

==> picture [470 x 85] intentionally omitted <==

----- Start of picture text -----
Type Description/Requirements
Banners Banners as defined by this section are permitted for up to
30 days
Commercial or identifying nameplates Commercial or identifying nameplates not to exceed 1
square foot in area
----- End of picture text -----

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City of Albany, CA § 20.32.055

ALBANY CODE

§ 20.32.065

==> picture [470 x 413] intentionally omitted <==

----- Start of picture text -----
Type Description/Requirements
Development sign Development sign as defined by this section. Such signs
may be erected and maintained for the duration of
construction and shall not exceed a total area of 20 square
feet.
Flags Flags as defined in this section
Memorials Memorial signs or tablets, names of buildings and dates
of erection, when cut into masonry surface or constructed
of bronze or other combustible materials
Murals Murals as defined by this section
Real estate signs Real estate signs as defined by this section
Signs located in parking lots Directional signs located within parking lots identifying
the entrance and exit and other directional information,
except in residential districts. Not more than 4 directional
signs shall be posted in 1 parking lot. Such signs in total
shall not exceed 20 square feet in area. Directional
instructions painted on the pavement of the lot shall not
be included in the measurement of permitted sign area.
Street banners Street banners as defined by this section
Traffic control Traffic or other municipal signs, railroad crossing signs,
danger, and such temporary emergency signs as may be
approved by the City Engineer
Window sign, temporary Window sign, temporary, as defined by this section
Temporary noncommercial sign Temporary noncommercial sign as defined by this
section
Yard sign Yard sign as defined by this section
----- End of picture text -----

Except as provided in Section 20.32.035, a sign initially approved and for which a permit is issued shall not thereafter be modified, altered or replaced, nor shall any design elements of any building or lot upon which such sign is maintained be modified, altered or replaced if the physical design elements constituted a basis for the sign approval, without an amended or new permit first being obtained pursuant to this section. If the original permit did not contain physical design elements, and only the message or graphic design on the display face is changed, a new or amended permit is not required. If the physical structure of a permitted sign is changed, whether by repair, alteration, expansion, change in electrical supply, change in physical method of image presentation, change in dimension or weight, or similar factors, then a new permit or amendment to the existing permit is required.

The designated reviewing authority shall evaluate proposed signs for compliance with this section. The Community Development Director has the authority to refer applications to the Planning and Zoning Commission. Administrative sign review does not require notification or a public hearing. Review by

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City of Albany, CA § 20.32.065

PLANNING AND ZONING

§ 20.32.085

the Planning and Zoning Commission requires a public hearing and notification pursuant to California Government Code Section 65090.

An application for a sign permit shall be made in writing on a form prescribed by the Community Development Department and shall be accompanied by the required fee as prescribed in the Master Fee Schedule. The applicant shall submit plans, drawings and other supporting data as determined necessary by the Community Development Department. The Community Development Department shall establish and maintain a submittal requirement checklist for sign permit applications.

Allowable sign area is determined by the underlying zoning district. Each zoning district has different allowable sign area standards determined by the physical characteristics, including scale and context. The intent is to promote compatibility and cohesive sign appearance in each zoning district. The sign area provisions apply to permanent signage associated with commercial operations. (Exception: See Sections 20.32.40 and 20.32.45 on temporary signs.)

• A. Residential districts: eight square feet total per parcel and applies to "window sign, temporary" only.

• B. Solano Commercial (SC): one square foot per one linear foot of building frontage, maximum of one sign per business. Projecting signs and marquee signs are strongly encouraged.

• C. San Pablo Commercial (SPC): two square feet per one linear foot of building frontage.

• D. Commercial Mixed Use (CMX): reviewed by the Planning and Zoning Commission on a case-bycase basis.

• E. Waterfront (WF): reviewed by the Planning and Zoning Commission on a case-by-case basis.

• F. Public Facilities (PF): reviewed by the Planning and Zoning Commission on a case-by-case basis.

• A. Freestanding. The maximum allowable height for a freestanding sign shall not exceed the maximum height for the zoning district.

• B. Monument. The maximum allowable height for a monument sign shall not exceed 10 feet.

Key to Table:

P = Permitted subject to Community Development Director administrative review.

PE = Permitted and exempt from review and building permit; see Section 20.32.060 for additional requirements.

PZ = Permitted subject to Planning and Zoning Commission design review.

• -- = Not permitted.

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City of Albany, CA § 20.32.085

ALBANY CODE

§ 20.32.095

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----- Start of picture text -----
Table 1. 20.32.085
Zoning District
Type R Districts SC SPC CMX WF PF
Awning -- P P P -- P
Banner -- PE PE PE -- PE
Freestanding -- -- PZ PZ1 PZ1 PZ1
Fully automated sign -- -- -- -- -- --
Marquee sign -- P P P -- P
Master sign program -- PZ PZ PZ PZ PZ
Monument sign -- PZ PZ PZ PZ PZ
Projecting sign -- P P P -- P
Roof sign -- -- -- PZ -- PZ
Wall sign -- P P P -- P
Window sign, -- P P P -- P
permanent
Window sign, P PE PE PE -- --
temporary
Yard sign and PE -- -- -- -- --
temporary
noncommercial sign
----- End of picture text -----

Notes Table 1.

1 Permitted as part of a master sign program.

• A. Master Sign Program. A master sign program shall be required for all multi-tenant projects, shall be reviewed by the Planning and Zoning Commission and shall apply to the entire property. The master sign program shall include the total aggregate square footage of sign area allowed for the project, the location, dimension, and design of the individual signs for each tenant, and the design, size and, if proposed, location of a freestanding identification sign. New tenants shall be required to comply with the requirements of an approved master sign program.

If any provision of this section, in whole or in part, is declared by a court of competent jurisdiction to be unconstitutional, invalid, or inoperative for any reason, or is preempted by legislative enactment, such court decision or legislative enactment shall not affect the validity of the remaining provisions of this section. The Albany City Council hereby declares that it would have adopted this section, and every provision herein, regardless of the fact that any provision(s) might subsequently be declared invalid by a court decision or be preempted by a legislative enactment.

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City of Albany, CA § 20.36.010

PLANNING AND ZONING

§ 20.36.020

• A. Purpose. The purpose of this Section is to establish standards of performance for uses of land and buildings in all districts, in order to ensure that other properties as well as persons and the community are provided protection against any adverse conditions that may be created as results of such uses.

• B. Applicability. This Section applies to the construction and on-going operation and maintenance of all sites, buildings and uses that may be the sources of any potentially adverse conditions for which standards are listed herein, regardless of the zoning districts in which such conditions may originate or have their effects.

• C. Exceptions:

  1. In the case of a deviation from these performance standards, which is for a temporary duration and for a reason found to be acceptable by the Community Development Director, a temporary use permit may be approved, subject to conditions that may be necessary to mitigate the effects of the deviation.

  2. Street lighting in the public right-of-way shall be exempt from the provisions of this section as may be necessary in the interest of public safety.

  3. Normal activities of residential living as may be accepted by the Community Development Director.

  4. Activities performed pursuant to building permits or in permit-exempt operations, or in accordance with conditions of City approval.

• D. Enforcement. Any violation of the performance standards stated herein shall constitute a zoning violation and shall be a public offense punishable under subsections 20.04.070, 20.04.080, other provisions of the Albany Municipal Code, the California Penal Code or such other laws as may be applicable. Enforcement of the provisions of this Section 20.36 shall be primarily the duty of the Community Development Director, or designee, or such other agency that has enforcement jurisdiction. Violations of this Section 20.36 are also considered nuisances that may be enforced by affected private parties. Except as specified for individual standards below, all measurements to determine the existence of any violation of the performance standards shall be made at the property line nearest the source of the suspected violation.

• A. Odor.

  1. No continuous, frequent or repetitive odors that are perceptible on or beyond property lines adjacent to the source are permitted. For purposes of this regulation, an odor shall not be deemed to be continuous, frequent or repetitive if it is detected no more than fifteen (15) minutes in any one day.

  2. Air Contaminants. No air contaminant shall be emitted that is detectable at, on or beyond property lines adjacent to the source by a reasonable person without instruments.

  3. Blown Air. The effects of blown air shall be addressed in a manner to mitigate adverse impact

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City of Albany, CA § 20.36.020

ALBANY CODE

§ 20.36.020

on abutting properties. Appropriate mitigation measures may include screening, location, and/ or orientation of equipment installation.

• B. Electrical or Electromagnetic Disturbance. No uses, activities or processes shall cause electrical or electromagnetic disturbance, detected for more than fifteen (15) minutes in any one (1) day, that adversely affects the operation of any equipment, including radio and television receivers and other electronic devices, on any other property. This requirement shall not apply to uses that typically occur in a residential household, or to sources that are regulated by Federal law.

• C.

Illumination and Glare.

1. All exterior lighting, reflective surfaces or any other sources of natural or artificial illumination, including security lighting shall be designed, located, fitted, aimed, and maintained in a manner that minimizes and/or avoids glare and overspill onto any public right-of-way or on any other parcel.

2. No lighting fixture shall be mounted higher than (16) feet above grade unless a greater height is approved through a minor use permit procedure in accordance with subsection 20.100.030.

3. All outdoor lighting fixtures, including fixtures installed under outdoor canopies, shall be shielded in such a manner that no light is emitted above an angle of eighty-five (85°) degrees from the light source, measured from the vertical axis of the light source, so that direct light is not emitted in a horizontal plane from the source.

4. Exterior lighting shall have intensities and uniformity ratios in accordance with the current recommended practices, as may be amended from time to time, of the Illuminating Engineering Society of North America (IESNA) as contained in the IESNA Lighting handbook.

5. Exterior lighting originating on any property shall not exceed a maximum of 0.5 horizontal footcandles when measured with a standard light meter at a distance of twenty-five (25) feet beyond the property lines of the originating property.

• D. Heat and Humidity. Uses, activities and processes shall not produce any unreasonable, disturbing, or unnecessary emissions of heat or humidity at any property line of the site on which they are situated, that cause material distress, discomfort, or injury to a reasonable person.

• E. Noise. No person, animal, use or activity shall produce noise in excess of the standards for interior and exterior noise set forth in Section 8-1 of the Albany Municipal Code, nor shall other provisions of said chapter be violated.

• F. Vibration. No use shall create vibration discernible by a reasonable person without instruments at the property line nearest the source of such vibration.

• G. Physical Hazards.

  1. Fire. The storage, use, transportation or production of products that, either in the raw or finished state, constitute a flammable or explosive material shall be subject to the fire codes and approval of the Albany Fire Department. Fire Department personnel may, without prior notice, visit and observe operations on the site and any directives issued by said personnel shall be satisfied in a timely manner. Burning of waste materials in open fires or unapproved incinerators is prohibited.

  2. Wastes. The use, handling, storage and transportation of waste materials, including hazardous

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City of Albany, CA § 20.36.020

PLANNING AND ZONING

§ 20.36.020

wastes, shall comply with the provisions of the California Hazardous Materials Regulations and any other applicable laws including the Alameda County Hazardous Waste Management Plan. Discharge at any point into a public or private sewage disposal system, watercourse or the ground, of any material of such nature or temperature as to contaminate any water supply, or otherwise cause the emission of dangerous, offensive or toxic elements is prohibited. No exceptions are allowed unless in accordance with regulations, licenses or approvals of the applicable local and state agencies having jurisdiction over such activities. As part of an application for a use permit for any use or activity that uses or generates hazardous materials, the applicant shall provide a plan for the on-site handling of such materials; the plan shall also address consideration of recycling waste materials as an alternative to disposal.

• H. Maintenance of Property. Each person, company or corporation residing in and/or utilizing a property in the City of Albany shall, at all times, maintain such property in good order and at a level of maintenance that ensures the continued availability of the structure and premises for a lawfully permitted use, and prevents deterioration, dilapidation, and decay of the exterior portions of the structure and premises, in conformance with accepted community standards as interpreted by the Community Development Director. Responsibilities in this regard shall include, but not be limited to, repair and maintenance of all structures, fences, signs, walks, driveways, retaining walls, lawns, landscaping, painted surfaces, and removal of litter and debris.

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City of Albany, CA § 20.40.010

PLANNING AND ZONING

§ 20.40.020

The purpose of this section is to advance the goals of the Housing Element of the Albany General Plan, specifically, to facilitate the availability of a variety of housing to meet the needs of all economic segments of the community, and to expand housing opportunities for those with special needs, including the elderly, persons with disabilities, and those experiencing homelessness. This section provides for the implementation of Housing Element policies and programs intended to promote new housing that is affordable to lower-income households and senior citizens; encourage innovative housing concepts; permit emergency and transitional housing; and assure accessibility to housing by persons with disabilities. This section also establishes implementing procedures for State Density Bonus Law, pursuant to California Government Code Sections 65915 et seq. Should anything in this section conflict with Government Code section 65915 et seq., the Government Code will prevail.

Specialized terms as used in this section are defined below. Generalized terms are defined in Section 20.08, Definitions.

ADMINISTRATIVE REGULATIONS — Guidelines and procedures promulgated by the Community Development Director, which may be modified from time to time to implement the provisions of this section.

AFFORDABLE DWELLING UNIT — If the unit is for rent, means a unit for which the total monthly rent plus utilities does not exceed thirty (30%) percent of the monthly income for a lower-income household. If the unit is for sale, means a unit for which the total monthly payment, including interest, taxes, insurance, homeowner association dues, and utilities does not exceed thirty (30%) percent of the monthly income for a lower-income household.

AFFORDABLE HOUSING AGREEMENT — Means an agreement between the City and the Project Sponsor of a housing development project that includes affordable units created pursuant to subsection 20.40.030 and/or subsection 20.40.040, for the purpose of ensuring continued compliance with all applicable regulations and conditions of the City including continued affordability of such units.

BASE DENSITY — Means the greatest number of units allowed on a housing development site pursuant to the applicable zoning district or, where no density standard is provided, as set forth in the Administrative Regulations. For purposes of this section, base density and maximum allowable residential density are synonymous.

DENSITY BONUS — Means a density increase over the otherwise maximum allowable residential density.

HOUSEHOLD, LOW-INCOME — Means a household whose gross income is greater than fifty (50%) percent but no greater than eighty (80%) percent of the Alameda County median income as established by the California Department of Housing and Community Development.

HOUSEHOLD, LOWER-INCOME — Means a household whose gross income is no greater than eighty (80%) percent of the Alameda County median income as established by the California Department of Housing and Community Development; this includes classifications of low-income and very-low-income.

HOUSEHOLD, VERY-LOW-INCOME — Means a household whose gross income is no greater than fifty (50%) percent of the Alameda County median income as established by the California Department of

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City of Albany, CA § 20.40.020

PLANNING AND ZONING

§ 20.40.030

Housing and Community Development.

HOUSING DEVELOPMENT PROJECT — Means a development project for five or more residential units, including mixed-use developments as further set forth in Government Code section 65915(i).

INCLUSIONARY HOUSING UNIT — Means a unit designated as an affordable dwelling unit for purposes of satisfying the City's inclusionary requirements under subsection 20.40.030 of this chapter.

PROJECT SPONSOR — Means any individual, person, firm, partnership, association, joint venture, corporation, entity, combination of entities or authorized representative thereof, who have applied to develop and operate, manage, and/or lease a housing project under subsection 20.40.030 and/or subsection 20.40.040 of this section.

• A. Applicability. Inclusionary housing requirements shall apply to all development projects of five (5) or more dwelling units in the City, including conversions of five (5) or more existing rental units to ownership units.

• B. Calculation.

  1. The inclusionary housing unit requirement shall be determined based on the total unit count of a development project, as follows:

     • a. Five (5) or Six (6) Total Units: A payment to the "Inclusionary Housing In-lieu Fees Fund", as provided in paragraph F.4.a of this subsection. Payment shall be calculated based on the fraction of a unit that results from multiplying the total unit count by fifteen (15%) percent. If the project sponsor elects to provide one inclusionary housing unit to meet the requirement, the in-lieu fee shall not be applicable.

     • b. Seven (7) Through Thirteen (13) Total Units: At least one (1) inclusionary housing unit.

     • c. Fourteen (14) or More Total Units: The number of inclusionary housing units shall equal at least the result of fifteen (15%) percent of the total number of units in the development project.

  2. In calculating the numbers of inclusionary housing units to be designated for any applicable development project, any fraction of a housing unit of 0.50 or greater shall be construed as a whole unit. In the case of any fraction of a unit of less than 0.50, the applicant shall be subject to payment of a fee in-lieu of construction of the fractional unit. Such fee shall be calculated as provided in paragraph F.4.a of this section, prorated by the applicable fraction.

  3. In the case of a development project for which a density bonus is sought pursuant to California Government Code section 65915 and subsection 20.40.040 of this section, the requirement of paragraphs A and B.1-2 above shall apply to the base number of units proposed, exclusive of the units that would be added by the density bonus. Units designated for lower-income households may be counted toward satisfaction of the requirement for inclusionary housing, to the extent that such units meet all requirements of this subsection, including the requirement that units shall remain permanently restricted and affordable to the designated group.

• C.

• Allocation by Income Group.

1. In development projects of ten (10) units or more, the number of inclusionary housing units

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City of Albany, CA § 20.40.030

ALBANY CODE

§ 20.40.030

shall be divided evenly between very-low-income households and low-income households. Where the number of inclusionary housing units is an odd number, the majority of the units may be provided at the low-income level with the remainder of units to be allocated to the very-lowincome level.

2. In development projects of seven (7) through nine (9) units, all inclusionary housing units may be provided at the low-income level.

• D. Inclusionary Housing Unit Requirements.

  1. Inclusionary housing units shall remain affordable in perpetuity.

2. Housing projects that incorporate inclusionary housing units must meet the distribution and development criteria listed in subsection 20.40.050 of this section.

   3. Project sponsors of housing projects that incorporate inclusionary housing units must enter into an Affordable Housing Agreement with the City for the purpose of ensuring continuing affordability of such units. Where project approval includes a subdivision of land, execution of an Affordable Housing Agreement shall be made a condition of approval of a tentative map. The contents of the Affordable Housing Agreement will be determined by the Community Development Director and City Attorney to ensure compliance with this section. The executed agreement, or memorandum thereof, shall be recorded following approval and execution of the agreement by all parties, and prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for parcels or units that are subject to the agreement. The conditions therein shall be filed and recorded on the parcel or parcels designated for construction of affordable dwelling units. The agreement shall be binding to all future owners and successors in interest.

• E. Incentives. In the interest of promoting the inclusion of housing units on-site that are affordable to lower-income households, the City may grant certain incentives for projects that exceed the minimum required number of inclusionary housing units, where it is demonstrated that the granting of such incentives is necessary to ensure the economic feasibility of a project.

  1. Applicability. Incentives shall not be applicable to secondary residential units or single-family dwellings in R-1 Single-Family Residential districts. This paragraph shall not apply to projects for which a density bonus is sought pursuant to Government Code section 65915 and subsection 20.40.040 of this section, which provide separate regulations on incentives.

  2. Required Findings for Granting Incentives. An incentive under this paragraph E may only be granted if the City makes all of the following findings:

     • a. Exceptional circumstances have been demonstrated that require City assistance;

     • b. Acceptable documentation has been provided as to how such incentives will increase the feasibility of inclusion of affordable units in the development project; and

     • c. The project exceeds the minimum requirement for provision of inclusionary housing units.

  3. Types of Incentives. The City, at its discretion, may grant incentives including but not limited to the types listed below.

     • a. Modification of Development Regulations. The City recognizes that modification to the following requirements (not listed in any order of priority) could result in financially

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City of Albany, CA § 20.40.030

PLANNING AND ZONING

§ 20.40.030

sufficient, and actual, cost reductions that would facilitate additional inclusionary housing units. Such modifications may be made without a Variance.

     - 1) Setback from a street or nonresidential property line.

• 2. Maximum lot coverage.

     - 3) Setback from a residential property line, except where a daylight plane is required. 
     

     • b. Other potential incentives that the City may consider on a case-by-case basis include:

       • 1. Reduction of any architectural design standards or guidelines that exceed minimum building standards established by local or state building standard codes.
       • 2. Assistance in design and/or construction of project-related public improvements, such as fronting curbs, sidewalks and tree planting.
       • 3. Deferral, reduction or waiver of City fees, to be determined on a project-by-project basis, with the requirement that the project comply with legal requirements regarding prevailing wage.
       • 4. Alternatives to on-site provision of inclusionary housing units, as described in paragraph F. below.

• F. Alternatives to On-Site Provision of Inclusionary Housing Units. Upon finding that production of inclusionary housing units on a project site is not feasible due to the size of the project, the physical conditions of the site, or a demonstrated inability of the sponsor to secure financing of the inclusionary housing units, the City may approve one or a combination of the alternative means of meeting the inclusionary housing unit requirement as stated in the following paragraphs 1 through 5. (See subsection 20.40.040 for specific provisions pertaining to density bonus projects.)

  1. Off-Site Location. Circumstances may arise in which the public interest would be served by allowing some or all of the inclusionary housing units associated with a development project to be produced and operated at a separate, detached development site. Such a site shall be considered as part of a single development project for purposes of this section, and the project sponsor shall be subject to the same requirements as if the inclusionary housing units were provided on the principal development site. This paragraph shall apply only where the principal and detached sites are located within zoning districts in which multi-family housing is a permitted or conditionally permitted use.

  2. Land Dedication. An applicant may dedicate land to the City or to a nonprofit housing developer in lieu of actual construction of required inclusionary housing units, for the purpose of development of an equivalent number of affordable units.

  3. Conversion. Conversion of existing market-rate housing to affordable units. Such units may be located off of the site of the project seeking approval. Where this alternative is employed, the value of the conversion project shall be equal to the cost of construction of the number of inclusionary housing units that are not constructed as part of the development project that generates the inclusionary requirement.

  4. In-Lieu Payment.

     • a. An in-lieu fee shall be equal to the difference between the fair market value of an inclusionary unit and the ability of a household in the target income group to afford the

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City of Albany, CA § 20.40.030

ALBANY CODE

§ 20.40.040

rental or purchase price, as determined by the City at the time of issuance of a building permit for the development project. Procedures for the assessment, collection and adjustment of in-lieu fees shall be established by resolution of the City Council.

• b. The City may allow payment of a fee by the sponsor of a development project, in lieu of providing some or all of the required fifteen (15%) percent affordable inclusionary housing units, upon finding that production of the units on the particular site is not feasible due to the size of the project, or the physical conditions of the site, or a demonstrated inability of the sponsor to secure financing, from private or public sources, of the inclusionary housing units.

• c. If a development project is approved for payment of an in-lieu fee, the fee must be paid for each dwelling unit approved for such payment, at the time of issuance of a building permit for the development project.

• d. Fees collected by the City in lieu of inclusionary housing units shall be deposited into a fund known as the "Inclusionary Housing In-Lieu Fees Fund", the use of which shall be committed to the purpose of assisting the provision of housing for very-low- and lowincome households. The use of the funds may include, but shall not be limited to land write downs, contributions to nonprofit organizations for housing construction, mortgage assistance for very-low- and low-income households, and the operation of transitional housing.

5. Other. The City may approve alternative methods of compliance with the inclusionary housing requirement if the applicant demonstrates that the intent of this subsection will be met by any such method. Any alternative to construction of the required number of inclusionary housing units, or any combination of alternative methods of meeting the requirement, shall provide a value equal to the amount that would be calculated for an in-lieu fee according to paragraph 4.a above.

The City will facilitate the production of housing units for eligible households in accordance with California Government Code section 65915 et seq. and the procedures and standards provided in this section.

• A. Density Bonus Eligibility. To qualify for a density bonus, a project sponsor for a proposed housing development shall commit to include a proportion of dwelling units that qualify the project for a density bonus under Government Code section 65915(b)(1). The project sponsor must inform the City which subsection under Government Code section 65915(b)(1) the project is seeking a density bonus under.

• B. Density Bonus Calculation. The maximum density bonus a housing development project may receive will be calculated in accordance with subsections (f), (g), (h), and (v) of Government Code section 65915.

• C. Incentives or Concessions. In addition to granting a density bonus under paragraph A above, the City will also grant incentives or concessions to qualifying housing development projects in accordance with the requirements of Government Code section 65915(d). The number of incentives or concessions a project is entitled to will be determined in accordance with Government Code section 65915(d)(2). A project is entitled to incentives and concessions regardless of the project's inclusion

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City of Albany, CA § 20.40.040

PLANNING AND ZONING

§ 20.40.040

of density bonus units.

1. Types of Incentives or Concessions. In accordance with, and further defined in Government Code section 65915(k), for purposes of this section, an incentive or concession means any of the following:

   • a. A reduction or modification in site development or design standards that would otherwise be required that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code section 65915(c).

   • b. Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

   • c. Other regulatory incentives or concessions proposed by the project sponsor that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code section 65915(c).

2. Findings for Denial of Incentives or Concessions. The City will grant a requested concession or incentive unless the City makes one of the findings set forth in Government Code section 65915(d)(1)(A)-(C). The City is not required to deny a proposed incentive or concession solely because it is able to make the findings for denial. Any such finding(s) shall be in writing and based upon substantial evidence.

• D. Waivers or Reductions of Development Standards.

  1. General. In accordance with Government Code section 65915(e), the project sponsor may submit to the City a proposal for waiver or reduction of any development standard that will have the effect of physically precluding the construction of a housing development project that qualifies, under paragraph A of this subsection, for a density bonus at the permitted density and with the granted concessions(s) or incentives(s). A proposal for the waiver or reduction of development standards pursuant to this paragraph D will not reduce or increase the number of incentives or concession to which the project sponsor is entitled pursuant to paragraph C above.

  2. Findings for Denial. The City is not required to waive or reduce development standards if the City finds that the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The City is also not required to waive or reduce development standards if doing so would be contrary to state or federal law or have an adverse impact on any real property that is listed in the California Register of Historical Resources.

  3. Other. The City may work with the project sponsor and recommend changes to the requested waivers and reductions as part of the Design Review process, in order to address aspects of the project that may be of concern in the community or inconsistent with overarching principles of the General Plan, Zoning Ordinance and Design Guidelines.

• E. Affordable Housing Agreement. Project sponsors of developments employing density bonus under

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City of Albany, CA § 20.40.040

ALBANY CODE

§ 20.40.050

this subsection shall enter into an Affordable Housing Agreement with the City for the purpose of ensuring continuing compliance with applicable provisions of Government Code section 65915 and all applicable regulations and conditions of the City. Where project approval includes a subdivision of land, execution of an Affordable Housing Agreement shall be made a condition of approval of a tentative map. The contents of the Agreement shall be determined by the Community Development Director and City Attorney.

• F.

• Application Procedures and Review for Density Bonus Projects.

1. General. In accordance with Government Code section 65915(j), the granting of a density bonus, incentives, concessions, waivers, and/or reductions of development standards shall not require or be interpreted, in and of itself, to require a general plan amendment, zoning change, study or other discretionary approval.

2. Application. The granting of a density bonus, incentives, concessions, waivers, and/or reductions of development standards are exempted, by Government Code section 65915, from discretionary approvals. However, density bonus requests must accompany housing development permit applications and elements of housing development proposals may be subject to discretionary approvals or other procedures set forth in Section 20.100.

3. Application Requirements. The Community Development Director shall create an application and list of submittal requirements for projects seeking a density bonus pursuant to this subsection and Government Code section 65915. Among other things, the application shall require project sponsors to include the information necessary to establish that the housing development project qualifies for the requested density bonus, incentives, concessions, waivers, and/or reductions of development standards.

The following criteria shall apply to housing projects that contain affordable units created pursuant to subsections 20.40.030 and/or 20.40.040 above.

• A. Affordable units shall be constructed concurrently with or prior to non-restricted units, unless the City and the project sponsor agree, within the required Affordable Housing Agreement, to an alternative schedule for development.

• B. Affordable units shall be dispersed throughout the project site. This requirement may be modified at the discretion of the decision-making body or the Community Development Director for ministerial projects, to facilitate the production of affordable housing in conjunction with a nonprofit affordable housing developer.

• C. Affordable units shall have, to the extent feasible, the same bedroom mix as the market-rate units in the same development, except that the project sponsor may include a higher number of bedrooms in the affordable units.

• D. The interior and exterior design and appearance of affordable units shall be the same as the housing project's market rate units in terms of appearance, materials, and finish quality.

• E. Residents of affordable units shall have access to the same common areas and amenities that are available to residents of the housing project's market-rate units.

• F. Other development criteria and requirements may be established as conditions of project approval,

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City of Albany, CA § 20.40.050

PLANNING AND ZONING

§ 20.40.060

and all such conditions shall be incorporated into the Affordable Housing Agreement.

• A. General. The City will require that housing developments include units that are accessible and adaptable to the needs of disabled residents, as required under applicable Federal, State and City laws and all regulations and codes that are in current effect.

• B. Reasonable Accommodation.

  1. Purpose. It is the policy of the City of Albany, pursuant to the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, to provide people with disabilities reasonable accommodation in rules, policies, practices and procedures that may be necessary to insure equal access to housing. The purpose of this section is to provide a process by which individuals with disabilities may request reasonable accommodation in regard to relief from the various land use, zoning or building laws, rules, policies, practices and/ or procedures of the City.

  2. Public Notice of Availability of Accommodation Process. The Community Development Department shall display in a prominent location a notice advising that disabled individuals may request reasonable accommodation in accordance with procedures established by this section.

  3. Application.

     • a. A request for reasonable accommodation in laws, rules, policies, practices and/or procedures may be filed on an application form provided by the Community Development Department, at any time that the accommodation may be necessary to insure equal access to housing. Such application shall include the following information.

       • 1. Applicant's name, address and telephone number.
       • 2. Address of the property for which the request is made.
       • 3. The current use of the property.
       • 4. The regulation for which accommodation is requested.
       • 5. The basis for the claim that the applicant is considered disabled under the Fair Housing Act of 1988 as amended, and why the accommodation is necessary to make the specific housing available to the individual.

     • b. If such request is related to a project that also requires another permit or approval under the zoning regulations, the applicant shall file the accommodation request together with an application for the project permit or approval.

  4. Approval Authority. The Community Development Director shall have authority to approve, approve with conditions, or deny requests for reasonable accommodations.

  5. Required Findings. Reasonable accommodation may be granted only if the Community Development Director makes all of the following findings:

     • a) The housing that is the subject of the request for reasonable accommodation will be used by an individual protected under the Fair Housing Amendments Act of 1988.

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City of Albany, CA § 20.40.060

ALBANY CODE

§ 20.40.070

• b) The requested reasonable accommodation is necessary to make housing available to an individual protected under the Act.

• c) The requested reasonable accommodation will not impose an undue financial or administrative burden on the City.

  • d) The requested reasonable accommodation will not require a fundamental alteration of the zoning or building laws, policies, and/or procedures of the City.

6. Action. The Community Development Director shall issue a written determination within thirty (30) days of receipt of an application. If the Community Development Director advises the applicant that specific additional information is required in order to reach a determination, the thirty- (30) day period shall be stayed until the applicant has provided such additional information. The written determination on the request for reasonable accommodation shall be sent to the applicant by certified mail, return receipt requested.

7. Design Review. The Community Development Director shall have the discretion either to waive or to require a design review procedure according to Section 20.100.050. The Community Development Director may extend the thirty- (30) day period provided above by paragraph 6 as necessary to complete the design review procedure.

8. Appeals. Any action of the Community Development Director may be appealed according to procedures established by subsection 20.100.080.

The purpose of this section is to provide guidelines to be used in the implementation of the Housing Element policies regarding the siting and permitting of emergency shelters, including facilities that meet the description of "Emergency Shelter" in subsection 20.16.050.E.

• A. Applicability.

  1. General. An emergency shelter may be located in the zoning district or districts where such use is listed in subsection 20.12.040, Table 1.

• B. Physical Characteristics. Applicants for approval of an emergency shelter shall demonstrate the following:

  1. The facility provides adequate living space, shower and toilet facilities and secure storage areas for its intended residents.

  2. The facility conforms to standards for sleeping rooms, as stated in codes adopted by the City and in current effect.

  3. The facility is a minimum of three hundred (300) feet from any other emergency shelter, as measured between the closest points of the property boundaries involved.

  4. The facility shall include indoor intake and waiting areas.

  5. The facility shall include adequate indoor bicycle parking for employees and residents.

  6. The facility accommodates no more than 25 beds. A shelter with more than 25 beds may be allowed with approval of a major use permit by the Planning and Zoning Commission under

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City of Albany, CA § 20.40.070

PLANNING AND ZONING

§ 20.40.080

procedures stated in Section 20.100.030.B.2.

• C. Programmatic Characteristics. Applicants for approval of emergency shelter shall submit detailed program information, demonstrating at a minimum that:

  1. The program establishes a maximum number of days of residency per client, and accommodations are appropriate to the number of days.

  2. The program identifies a transportation system that provides its clients with a reasonable level of mobility, including but not limited to, access to social services and employment opportunities.

  3. The program provides an identified administrator, a liaison to the City and support agencies, and an on-site supervisor, all of whom have demonstrated experience in similar programs.

  4. If the program includes drug or alcohol abuse counseling, appropriate State licensing is secured.

  5. The program specifies standards, rules and operational arrangements covering on-site meal preparation or other means of providing food; expulsion procedures; and curfew times.

  6. If applicable, child care is provided on-site or arrangements are in place for child care service elsewhere, along with assurance that children will be enrolled in school during their stay in the facility.

  7. Identification of funding mechanisms sufficient to ensure compliance with required siting and programmatic criteria.

• A. A developer of any project subject to the requirements in this chapter may appeal to the City Council for a reduction, adjustment, or waiver of the requirements based upon the absence of any reasonable relationship or nexus between the impact of the development and either the amount of the fee charged or the inclusionary requirement.

• B. A developer subject to the requirements of this chapter who has received an approved tentative subdivision or parcel map, use permit or similar discretionary approval and who submits a new or revised tentative subdivision or parcel map, use permit or similar discretionary approval for the same property may appeal for a reduction, adjustment or waiver of the requirements with respect to the number of lots or square footage of construction previously approved.

• C. Any such appeal shall be made in writing and filed with the City Clerk not later than ten (10) calendar days before the first public hearing on any discretionary approval or permit for the development, or if no such discretionary approval or permit is required, or if the action complained of occurs after the first public hearing on such permit or approval, then the appeal shall be filed within ten (10) calendar days after payment of the fees objected to. The appeal shall set forth in detail the factual and legal basis for the claim of waiver, reduction, or adjustment. The City Council shall consider the appeal at the public hearing on the permit application or at a separate hearing within sixty (60) calendar days after the filing of substantial evidence to support the appeal including comparable technical information to support appellant's position. No waiver shall be approved by the City Council for a new tentative subdivision or parcel map, user permit or similar discretionary approval on property with an approved tentative subdivision or parcel map, use permit or similar discretionary permit unless the Council finds that the new tentative subdivision or parcel map, user permit or similar discretionary approval is superior to the approved project both in its design and its mitigation of

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City of Albany, CA § 20.40.080

ALBANY CODE

§ 20.40.080

environmental impacts. The decision of the Council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment, or reduction of the fee or inclusionary requirement.

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City of Albany, CA § 20.44.010

PLANNING AND ZONING

§ 20.44.030

§ 20.44

NONCONFORMING USES, STRUCTURES AND LOTS

• A. Purpose. The intent of these regulations is to provide reasonable standards governing the future utilization of uses, structures and lots existing at the effective date of this chapter and not in conformance with the provisions hereof.

• B. Applicability.

  1. Terminology. The terms "nonconforming use," "nonconforming structure" and "nonconforming lot" as used in this section are defined in Section 20.08, Definitions.

  2. Limitations. Nothing in this subsection shall be construed as repealing, abrogating, or modifying any provision of any City ordinance or other regulation, or any other provision of this chapter, or of law relating to the requirements for construction, maintenance, repair, demolition or removal of buildings.

  3. Signs. Nonconforming signs shall be subject to the requirements of Section 20.32 of this chapter.

• A. Lawful Use. Any lawful use of land and/or structure existing or under construction at the time of adoption of this chapter may be continued even if such use does not conform with the provisions of the district in which it is located, and shall not be expanded or modified except as provided for in this subsection.

• B. Nonconforming Structure. A structure, lawfully occupying a site at the time of adoption of this chapter, that does not conform with the standards for setbacks, height, floor area, driveways, or open space for the district in which the structure is located shall be deemed a nonconforming structure and may be used and maintained, except as otherwise provided in this section.

• C. Permitted Use of Nonconforming Lot. A nonconforming lot may be occupied by any use permitted in the zoning district in which the lot is located, subject to the requirements of this chapter, including but not limited to setbacks, height, and lot coverage.

Any nonconforming use or structure, or any combination thereof, may be improved subject to the following conditions:

• A. Maintenance of Nonconformity. Any maintenance of a nonconforming structure, a structure on a nonconforming lot, or a structure containing a nonconforming use, consisting of repair work necessary to keep the structure in sound condition shall be permitted.

• B. Nonconforming Use: Enlargement. A nonconforming use shall not be enlarged or extended in such a way as to occupy any part of the structure or site, or another structure or site which it did not occupy at the time of adoption of this chapter, or of the amendments thereto that caused the use to become a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site, except as permitted in this section.

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City of Albany, CA § 20.44.030

ALBANY CODE

§ 20.44.050

• C. Structure Containing a Nonconforming Use: Moving, Alteration or Enlargement. A structure, the use of which is nonconforming, shall not be moved, altered or enlarged unless required by law, or unless the moving, alteration or enlargement will result in the elimination of the nonconforming use.

• D. Nonconforming Structures: Additions and Enlargements. A nonconforming structure, or a structure located on a nonconforming lot, if such structure is used for residential purposes may be enlarged or extended, and the number of dwelling units may be increased to the maximum density allowed in the district, provided that no greater degree of nonconformity results with respect to the requirements of the district within which it is located and of this section, and that there is compliance with all applicable City building and housing codes. The preexisting portion of the facility need not be brought into conformance with this chapter, except as herein provided.

Exception. Nonconforming walls may be extended vertically or horizontally subject to a use permit, pursuant to subsection 20.100.030. (See note 19, Site Regulations Table 2A, Residential, subsection 20.24.020.A.)

• E. Nonconforming Structures: Moving. Any nonconforming structure that is moved shall conform to the standards for setbacks, height of structures, maximum allowable floor area, distances between structures, driveways, or open space prescribed in the regulations for the district to which the structure is moved.

A nonconforming use shall not be reestablished if it has been abandoned, discontinued, or made a conforming use for a continuous period of ninety (90) days. After such period the use of the structure or the site shall be maintained in conformity with the regulations for the district in which it is located.

Upon determination that a nonconforming use of a property has thus ceased, the Community Development Director shall provide notice of the status of the property to the legal owner by registered mail. The nonconforming use shall be considered to be abandoned or discontinued, if the owner fails to demonstrate the contrary to the City within twenty-one (21) days after the mailing of the status notice.

Exception. This subsection shall not apply to nonconforming dwelling units.

• A. Nonconforming Uses or Structures. A nonconforming structure, or a structure containing a nonconforming use, which is destroyed to the extent of not more than fifty (50%) percent of its replacement value by fire, wind, flood, earthquake or other calamity, may be restored to its prior condition and use provided that the restoration is started within twelve (12) months from the date destruction occurred and is diligently pursued to completion. If such damage or destruction (or voluntary or legally-mandated razing) exceeds fifty (50%) percent of the replacement value, then the structure and its use shall conform to the provisions of this chapter.

• B. Damaged Structures on Nonconforming Lots. A structure located on a nonconforming lot which is destroyed to the extent of not more than fifty (50%) percent of its replacement value by fire, wind, flood, earthquake or other calamity, may be restored to its prior condition. If such damage or destruction exceeds fifty (50%) percent of the replacement value or if the structure is voluntarily razed or is required by law to be raised, the structure may be restored or replaced but only in conformance with this chapter; and if such lot is located contiguous to a lot held by the same owner, the lots shall not be considered as merged, pursuant to Municipal Code Section 22-11, if the owner begins construction within twelve (12) months of the date on which destruction occurred.

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City of Albany, CA § 20.44.050

PLANNING AND ZONING

§ 20.44.050

• C. Replacement Cost. Estimates of the replacement cost shall be based on building industry standard unit costs or other acceptable cost estimating procedures, which shall be reviewed and approved by the Community Development Director.

• D. Exception for Damaged Residential Structures. Notwithstanding paragraphs A, B and C above, any structure containing one or more dwelling units, including a structure that includes nonresidential use, that is involuntarily destroyed to the extent of fifty (50%) percent or more of its replacement value by fire, wind, flood, earthquake or other calamity, may be restored to its prior size and number of dwelling units, providing such restoration conforms to all of the following conditions:

  1. Conformance to the California Building Standards Code, and any more restrictive local building standards in effect at the time of reconstruction, and the State Historical Building Code if applicable.

  2. Requirements of this chapter, and any adopted architectural regulations and standards, so long as the size and number of dwelling units are maintained.

  3. A building permit is obtained within two years after the date of the destruction of the building.

If the proposed restoration conforms with the required conditions, the City may prohibit the restoration only upon making the following findings:

1. The restoration of the building will be detrimental to the health, safety or general welfare of persons residing or working in the neighborhood, or to property and improvements in the neighborhood.

2. The existing nonconforming use of the building would be more appropriately moved to a zone in which the use is permitted, or there no longer exists a zone in which the existing nonconforming use is permitted.

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City of Albany, CA § 20.48.010

PLANNING AND ZONING

§ 20.48.060

The purpose of this Section is to encourage the retention of living trees on undeveloped property, and to protect public benefits and the health, safety, comfort and general welfare of the public by preventing the denuding of vacant lands, maintaining slope stability and preventing erosion.

This section shall apply only to the Hillside Development (H-D) District and the Hillside Combining (:H) District, and only to living trees on unimproved lots therein over five (5) feet in height.

• A. Permission to remove any tree as herein described in the designated area shall be first requested from the Director of Public Works; if denied, the applicant may appeal the decision to the Planning Commission as provided in subsection 20.48.040.

• B. Application for tree removal shall be made to the Department of Public Works upon a form to be provided by the City, and shall be accompanied by such information as may be required to allow appropriate criteria to be applied to the proposed action. This information may include site and building plans, drawings and elevations, landscaping plans and other relevant data. No fee shall be charged for the application.

The decision of the Director of Public Works shall not become final until ten (10) days after the decision. Within the ten (10) day period, an appeal from the decision may be taken to the Planning Commission by the applicant or any other interested party. Appeal shall be made on a form to be provided by, and shall be submitted to, the City Clerk. The appeal shall state specifically where it is claimed there was an error or abuse or indiscretion by the Director of Public Works, or wherein the decision is not supported by the evidence in the record. Upon receipt of an appeal, the Planning Commission shall set a public hearing at its next regular meeting, and the Planning Commission shall render its decision within seven (7) days after the public hearing.

In the event that a tree(s) exists that is in immediate danger of damaging either life or property, the Director of Public Works, upon proper application, may grant permission for removal of the tree(s) upon the finding of the existence of an emergency.

In the event that applicant has applied for design review pursuant to subsection 20-10.2, which includes within such application landscaping and tree removal, a tree removal permit is not required, but shall be included in the submission for design review.

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City of Albany, CA § 20.52.010

PLANNING AND ZONING

§ 20.52.020

The purpose of this section is to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions.

As used in this section:

ACCESSORY USE — Means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

ALLUVIAL FAN — Means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

APEX — Means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

APPEAL — Means a request for a review of the Flood Plain Administrator's interpretation of any provision of this section.

AREA OF SHALLOW FLOODING — Means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three (1-3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD — Means the land in the flood plain within a community subject to a one (1%) percent or greater chance of flooding in any given year. It is shown on a FIRM as Zone A, AO, A1-30, AE, A99, AH, V1-30, VE or V.

BASE FLOOD — Means the flood having a one (1%) percent chance of being equaled or exceeded in any given year.

BASEMENT — Means any area of the building having its floor subgrade, i.e., below ground level, on all sides.

BREAKAWAY WALLS — Are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe-design loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

• a. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood, and

• b. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

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City of Albany, CA § 20.52.020

ALBANY CODE

§ 20.52.020

COASTAL HIGH HAZARD AREA — Means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone V1-V30, VE or V.

DEVELOPMENT — Means any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment and materials located within the area of special flood hazard.

ENCROACHMENT — Means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a flood plain which may impede or alter the flow capacity of a flood plain.

FLOOD OR FLOODING — Means:

• a. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and

• b.

• The condition resulting from flood-related erosion.

FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) — Means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.

FLOOD HAZARD BOUNDARY MAP — Means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.

FLOOD INSURANCE RATE MAP (FIRM) — Means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY — Means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood.

FLOOD-RELATED EROSION — Means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical level or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.

FLOOD-RELATED EROSION AREA OR FLOOD-RELATED EROSION PRONE AREA — Means a land area adjoining the shore of a lake or other body of water which, due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage.

FLOOD-RELATED EROSION AREA MANAGEMENT — Means the operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works, and flood plain management regulations.

FLOOD PLAIN ADMINISTRATOR — Is the individual appointed to administer and enforce the flood plain management regulations.

FLOOD PLAIN OR FLOOD-PRONE AREA — Means any land area susceptible to being inundated by

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City of Albany, CA § 20.52.020

PLANNING AND ZONING

§ 20.52.020

water from any source.

FLOOD PLAIN MANAGEMENT — Means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the flood plain, including but not limited to emergency preparedness plans, flood control works, flood plain management regulations, and open space plans.

FLOOD PLAIN MANAGEMENT REGULATIONS — Means this section and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes Federal, State or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

FLOOD PROOFING — Means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. (Refer to FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and wet flood proofing.)

FLOODWAY — Means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. Also referred to as "regulatory floodway."

FLOODWAY FRINGE — Means that area of the flood plain on either side of the "regulatory floodway" where encroachment may be permitted.

FRAUD AND VICTIMIZATION — As related to subsection 20.52.050, Permit Approval, Variances and Appeals, of this section means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City of Albany will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty (50) to one hundred (100) years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and be insured only at very high flood insurance rates.

ring all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and be insured only at very high flood insurance rates.

FUNCTIONALLY DEPENDENT USE — Means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long term storage or related manufacturing facilities.

GOVERNING BODY — Means the local governing unit, i.e., County or municipality, which is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

HARDSHIP — As related to subsection 20.52.050, Permit Approval, Variances and Appeals, of this section means the exceptional hardship that would result from a failure to grant the requested variance. The City of Albany requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

HIGHEST ADJACENT GRADE — Means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

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City of Albany, CA § 20.52.020

ALBANY CODE

§ 20.52.020

HISTORIC STRUCTURE — Means any structure that is:

• a. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

• b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

• c. Individually listed on a State inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior; or

• d. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved State program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in States without approved programs.

LEVEE — Means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

LEVEE SYSTEM — Means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

LOWEST FLOOR — Means the lowest floor of the lowest enclosed area, including basement (see Basement definition).

• a. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable nonelevation design requirements, including, but not limited to:

  • The wet flood proofing standard in subsection 20.52.060A.3;

• The anchoring standards in subsection 20.52.060.A.1;

3. The construction materials and methods standards in subsection 20.52.060A.2; and

• The standards for utilities in subsection 20.52.060B.

• b. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see Basement definition). This prohibition includes below-grade garages and storage areas.

MANUFACTURED HOME — Means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term manufactured home does not include a recreational vehicle.

MANUFACTURED HOME PARK OR SUBDIVISION — Means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

MARKET VALUE — Shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The

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City of Albany, CA § 20.52.020

PLANNING AND ZONING

§ 20.52.020

amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the Flood Plain Administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.

Plain Administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.

MEAN SEA LEVEL — Means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

NEW CONSTRUCTION — For flood plain management purposes, means structures for which the "start of construction" commenced on or after the effective date of flood plain management regulations by this community, and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK OR SUBDIVISION — Means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of flood plain management regulations adopted by this community.

OBSTRUCTION — Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

PRIMARY FRONTAL DUNE — Means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.

PUBLIC SAFETY AND NUISANCE — As related to subsection 20.52.040, Permit Approval, Variances and Appeals, of this section means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

RECREATIONAL VEHICLE — Means a vehicle which is:

• a. Built on a single chassis;

• b. Four hundred (400) square feet or less when measured at the largest horizontal projection;

• c. Designed to be self-propelled or permanently towable by a light-duty truck; and

• d. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

REGULATORY FLOODWAY — Means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

REMEDY A VIOLATION — Means to bring the structure or other development into compliance with

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City of Albany, CA § 20.52.020

ALBANY CODE

§ 20.52.020

State or local flood plain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development.

RIVERINE — Means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

SAND DUNES — Means naturally occurring accumulations of sand in ridges or mounds landward of the beach.

SHEET FLOW AREA — See Area of shallow flooding.

SPECIAL FLOOD HAZARD AREA (SFHA) — Means an area in the flood plain subject to a one (1%) percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V.

START OF CONSTRUCTION — Includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days from the date of the permit. The actual start shall mean either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE — Means a walled and roofed building that is principally aboveground; this includes a gas or liquid storage tank or a manufactured home.

SUBSTANTIAL DAMAGE — Means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50%) percent of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT — Means any repair, reconstruction, rehabilitation, addition or other proposed new improvement of a structure, the cost of which equals or exceeds fifty (50%) percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.

2. Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.

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City of Albany, CA § 20.52.020

PLANNING AND ZONING

§ 20.52.030

VARIANCE — Means, for purposes of this section only, a grant of relief from the requirements of this section which permits construction in a manner that would otherwise be prohibited by this section.

VIOLATION — Means the failure of a structure or other development to be fully compliant with this section. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this section is presumed to be in violation until such time as that documentation is provided.

WATER SURFACE ELEVATION — Means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas.

WATERCOURSE — Means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

• A. Lands to Which This Section Applies. This section shall apply to all areas of special flood hazards within the jurisdiction of the City of Albany.

• B. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in a scientific and engineering report entitled "The Flood Insurance Study for the City of Albany", dated November 1978, with accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated February 1, 1980, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this section. The FIS and attendant mapping is the minimum area of applicability of this section and may be supplemented by studies for other areas which allow implementation of this section and which are recommended to the City of Albany by the Flood Plain Administrator. The FIS and FIRMs are on file at 1000 San Pablo Avenue, Albany, California.

• C. Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this section and other applicable regulations. Violations of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City of Albany from taking such lawful action as is necessary to prevent or remedy any violation.

• D. Abrogation and Greater Restrictions. This section is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section and another section, ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

• E. Interpretation. In the interpretation and application of this section, all provisions shall be:

  1. Considered as minimum requirements;

  2. Liberally construed in favor of the Governing Body; and

  3. Deemed neither to limit nor repeal any other powers granted under State statutes.

• F. Warning and Disclaimer of Liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased

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City of Albany, CA § 20.52.030

ALBANY CODE

§ 20.52.040

by man-made or natural causes. This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the City, any officer or employee thereof, the State of California, or the Federal Insurance Administration, for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

he areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the City, any officer or employee thereof, the State of California, or the Federal Insurance Administration, for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

• G. Severability. This section and the various parts thereof are hereby declared to be severable. Should any section be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the section as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

• A. Establishment of a Flood Zone Permit. A flood zone permit shall be obtained before construction or development begins within any area of special flood hazard established in subsection 20.52.030B. Application for a flood zone permit shall be made on forms furnished by the Flood Plain Administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing and proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

  1. Site plan, including but not limited to:

     • a. For all proposed structures, spot ground elevations at building corners and twenty (20) foot or smaller intervals along the foundation footprint, or one (1) foot contour elevations throughout the building site; and

     • b. Proposed locations of water supply, sanitary sewer, and utilities; and

     • c. If available, the base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map; and

     • d. If applicable, the location of the regulatory floodway; and

  2. Foundation design detail, including but not limited to:

     • a. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and

     • b. For a crawl-space foundation, location and total net area of foundation openings as required in subsection 20.52.060A.3 and FEMA Technical Bulletins 1-93 and 7-93; and

     • c. For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to ninety-five (95%) percent using the Standard Proctor Test method); and

  3. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in subsection 20.52.060A.3.b and FEMA Technical Bulletin TB 3-93; and

  4. All appropriate certifications listed in subsection 20.52.060C.4 of this section; and

  5. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

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City of Albany, CA § 20.52.040

PLANNING AND ZONING

§ 20.52.040

• B. Designation of the Flood Plain Administrator. The Director of Community Development is hereby appointed to administer, implement and enforce this section by granting or denying flood zone permit applications in accordance with its provisions.

• C. Duties and Responsibilities of the Flood Plain Administrator. The duties of the Flood Plain Administrator shall include, but not be limited to:

1. Permit Review. Review all flood zone permits to determine that the permit requirements of this section have been satisfied, that all other required State and Federal permits have been obtained, that the site is reasonably safe from flooding, and that the proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this section, adversely affects shall mean that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one (1) foot at any point. The following factors shall be considered when evaluating a permit:

   • a. The danger that materials may be swept onto other lands to the injury of others;

   • b. The danger to life and property due to flooding or erosion damage;

   • c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner and future owners of the property;

   • d. The importance of the services provided by the proposed facility to the community;

   • e. The necessity to the facility of a waterfront location, where applicable;

   • f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

   • g. The compatibility of the proposed use with existing and anticipated development;

   • h. The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

   • i. The safety of access to the property in times of flood for ordinary and emergency vehicles;

   • j. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;

   • k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water system, and streets and bridges; and

   • l. The proposed development does not adversely affect the flood carrying capacity of the area of special flood hazard. "Adversely affect" means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point.

   2. Review, Use and Development of Other Base Flood Data.

      • a. When base flood elevation data has not been provided in accordance with subsection

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City of Albany, CA § 20.52.040

ALBANY CODE

§ 20.52.040

20.52.030B, the Flood Plain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer this section. Any such information shall be submitted to the City of Albany for adoption; or

• b. If no base flood elevation data is available from a Federal or State agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Flood Plain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995 in order to administer subsection 20.52.060.

  - 1) Simplified method. 
  
     - i One hundred (100) year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. geological survey publication, or the discharge-drainage area method; and 
  
     - ii Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or 
  
  - 2) Detailed method. 
  
     - i One hundred (100) year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers' HEC-HMS computer program; and 
  
     - ii Base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HEC-RAS computer program.
  

• Notification of Other Agencies. In alteration or relocation of a watercourse:

• a. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

• b. Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

• c. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

4. Documentation of Flood Plain Development. Information to be obtained and maintained for public inspection:

   • a. Certification required by subsections 20.52.060A.3.a and 20.52.060D (lowest floor elevations);

   • b. Certification required by subsection 20.52.060A.3.b (elevation or floodproofing of nonresidential structures);

   • c. Certification required by subsection 20.52.060A.3 (wet floodproofing standard);

   • d. Certification of elevation required by subsection 20.52.060C.2 (subdivision standards);

   • e. Certification required by subsection 20.52.060G.1 (floodway encroachments);

   • f. Information required by subsection 20.52.060H.6 (coastal construction standards); and

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City of Albany, CA § 20.52.040

PLANNING AND ZONING

§ 20.52.050

• g. Maintain for public inspection all records pertaining to the provisions of this section.

5. Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection 20.52.050.

6. Remedial Action. Take action to remedy violations of this section as specified in subsection 20.52.030C.

• A. Permit Approval. Approval of the flood zone permit by the Flood Plain Administrator may include conditions desirable to carry out the intent of this section, and may be in addition to other permits required by this chapter.

• B. Variances. A request by the applicant for a variance from any of the conditions of this section shall be heard by the Planning and Zoning Commission. Application, notification and hearing procedures shall be as set forth in subsection 20.100.040 of this chapter. The Planning and Zoning Commission shall use the evaluation criteria set forth in this section, and in subsection 20.52.040C.1, in making the necessary findings of fact and making a determination. In addition;

  1. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of subsections 20.52.040 and 20.52.060 of this section have been fully considered. As the lot size increases beyond one-half (1/2) acre, the technical justification required for issuing the variance increases.

  2. Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in subsection 20.52.020 of this section) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

  3. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

  4. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. Minimum necessary shall mean to afford relief with a minimum of deviation from the requirements of this section.

  5. Variances shall only be used upon:

     • a. A showing of good and sufficient cause;

     • b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

     • c. A determination that the granting of a variance will not result in increased flood heights,

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City of Albany, CA § 20.52.050

ALBANY CODE

§ 20.52.060

additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public as identified in subsection 20.52.020, or conflict with existing local laws or ordinances.

6. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of subsections 20.52.050B.1—5 are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

   7. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

      • a. The structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

      • b. Such construction below the base flood level increases risk to life and property. It is recommended that a copy of the notice shall be recorded by the Flood Plain Administrator in the Office of the Alameda County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

   8. The Flood Plain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration.

• C. If any party is aggrieved by the action of the Flood Plain Administrator, alleging an error in any requirement, decision, or determination, an appeal may be filed with the Planning and Zoning Commission in accordance with subsection 20.100.080 of this chapter.

• D. The appellate body, in making its determination, may attach such conditions to the granting of variances or the ruling on appeals, as it deems necessary to further the purposes of this section.

• E. The Flood Plain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

• A. Required Standards of Construction, All Areas of Special Flood Hazards (AO, A1, VI).

  1. Anchoring.

     • a. All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

     • b. All manufactured homes shall meet the anchoring standards of subsection 20.52.060D.

  2. Construction Materials and Methods. All new construction and substantial improvements shall be constructed:

     • a. With flood resistant materials as specified in FEMA Technical Bulletin TB 2-93, and utility equipment resistant to flood damage;

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City of Albany, CA § 20.52.060

PLANNING AND ZONING

§ 20.52.060

• b. Using methods and practices that minimize flood damage;

• c. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and

• d. If within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

3. Elevation and Floodproofing. (See subsection 20.52.020 definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement.")

   • a. Residential construction, new or substantial improvement, shall have the lowest floor, including basement:

     • 1. In an AO zone, elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least one (1) foot, or elevated at least three (3) feet above the highest adjacent grade if no depth number is specified.
     • 2. In an A zone, elevated at least one (1) foot above the base flood elevation; said base flood elevation shall be determined by one of the methods in subsection 20.52.040C.2 of this section.
     • 3. In all other zones, elevated at least one (1) foot above the base flood elevation. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Flood Plain Administrator.

   • b. Nonresidential construction, new or substantial improvement, shall either be elevated to conform with subsection 20.52.060A.3a or together with attendant utility and sanitary facilities:

     • 1. Be floodproofed below the elevation recommended under subsection 20.52.060A.3.a so that the structure is watertight with walls substantially impermeable to the passage of water;
     • 2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

• 3. Be certified by a registered professional engineer or architect that the standards of this subsection (20.52.060A.3.b) are satisfied. Such certification shall be provided to the Flood Plain Administrator.

     • 4. All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 1-93 and TB 7-93, and must exceed the following minimum criteria:
       • (i) Have a minimum of two (2) openings having a total net area of not less than

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City of Albany, CA § 20.52.060

ALBANY CODE

§ 20.52.060

one (1) square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; or

     - (ii) Be certified by a registered professional engineer or architect. 

  - 5) Manufactured homes shall also meet the standards in subsection 20.52.060D. 

• B. Standards for Utilities.

  1. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.

  2. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

• C. Standards for Subdivisions.

  1. All preliminary subdivision proposals shall identify the special flood hazard area and the elevation of the base flood.

  2. All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the Flood Plain Administrator.

  3. All subdivision proposals shall be consistent with the need to minimize flood damage.

  4. All subdivision proposals shall have public utilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

  5. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

• D. Standards for Manufactured Homes. All manufactured homes that are placed or substantially improved, within Zones A1-30, AH and AE on the community's Flood Insurance Rate Map, on sites located:

  1. Outside of a manufactured home park or subdivision,

  2. In a new manufactured home park or subdivision,

  3. In an expansion to an existing manufactured home park or subdivision, or

4. In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood.

These homes shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated at least one (1) foot above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

Upon the completion of the construction, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the

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City of Albany, CA § 20.52.060

PLANNING AND ZONING

§ 20.52.060

community building inspector to be properly elevated. Such certification and verification shall be provided to the Flood Plain Administrator.

• E. Standards for Recreational Vehicles. All recreational vehicles placed on sites within Zones A1-30, AH and AE on the community's Flood Insurance Rate Map will either:

  1. Be on the site for fewer than one hundred eighty (180) consecutive days, and be fully licensed and ready for highway use; a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, or

  2. Meet the permit requirements of subsection 20.52.040 and the elevation and anchoring requirements for manufactured homes in subsection 20.52.060D.

• F. Standards for Storage of Material and Equipment.

  1. The storage or processing of materials that are in time of flooding buoyant, flammable, explosive or could be injurious to human, animal or plant life, is prohibited.

  2. Storage of other materials or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.

• G. Floodways. Located within areas of special flood hazard established in subsection 20.52.030B are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters, which carry debris, potential projectiles, and erosion potential, the following provisions apply:

  1. Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in (the base) flood elevation during the occurrence of the base flood discharge.

  2. If subsection 20.52.060G.1 is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Section 20-52.

• H. Coastal High Hazard Areas. Within coastal high hazard areas as established under subsection 20.52.030B, the following standards shall apply:

1. All new construction and substantial improvement shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards.

   2. All new construction and other development shall be located on the landward side of the reach of the mean high tide.

   3. All new construction and substantial improvement shall have the space below the lowest floor

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City of Albany, CA § 20.52.060

ALBANY CODE

§ 20.52.060

free of obstructions or constructed with breakaway walls as defined in subsection 20.52.020 of this section. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage.

4. Fill shall not be used for structural support of buildings.

5. Man-made alteration of sand dunes which would increase potential flood damage is prohibited.

• The Flood Plain Administrator shall obtain and maintain the following records:

• a. Certification by a registered engineer or architect that a proposed structure complies with subsection 20.52.060H.1; and

• b. The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement.

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City of Albany, CA § 20.56.010

PLANNING AND ZONING

§ 20.56.050

In order to implement the goals and objectives of the Albany General Plan and provide consistently high quality service to residents of the City of Albany, improvements to existing public facilities and new public facilities must be constructed. The City Council has determined that new development increases demand on public facilities and that a capital facilities impact fee is necessary in order for new development to pay a share of the construction costs of these improvements. In establishing the fee described in the following sections, the City Council has found the fee to be consistent with the Albany General Plan. This chapter is adopted pursuant to the provisions of the City of Albany Charter and the Statutes of the State of California.

• A. Capital Facilities Fee is hereby established on issuance of certain building permits and subdivision maps for development in the City of Albany to pay for needed improvements to capital facilities and new capital facilities. This Capital Facilities Fee shall be in addition to all other charges for approvals and permits required by other ordinances and resolutions of the City of Albany. The City Council shall, in Council resolution, set forth the specific amount of the fee, the types of development upon which the fee is imposed, list the specific facilities to be financed, and set forth the time for payment. On an annual basis, the City Council shall review this fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed.

BUSINESS DEVELOPMENT — Means a project consisting of new construction (or addition to the gross floor area) of one (1) or more buildings or structures for the purpose of business, commercial, office, industrial, warehouse, or similar use.

GROSS FLOOR AREA — Means the total horizontal area in square feet of all floors within the exterior wall of a building, but not including the area of unroofed inner courts or shaft enclosures.

RESIDENTIAL DEVELOPMENT — Means a project consisting of new construction of one (1) or more residential buildings, including condominiums, mobile homes, new and legalized Accessory Dwelling Units, or an addition to the gross floor area of a residential structure or an accessory structure. [Amended 1-16-2024 by Ord. No. 2023-07]

The revenues raised by payment of this fee shall be placed in a separate and special account. Such revenues, along with any interest earnings on the special account, shall be used solely to:

• A. Pay for the City's future construction of facilities described in the resolution enacted pursuant to subsection 20.56.020 above, or to reimburse the City for those described or listed facilities constructed by the City with funds advanced by the City from other sources; or

• B. Reimburse developers who have been required or permitted by subsection 20.56.050 to install such listed facilities which provide supplemental capacity beyond that which is needed for the development for which a fee was imposed.

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City of Albany, CA § 20.56.050

ALBANY CODE

§ 20.56.050

Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in a resolution adopted pursuant to subsection 20.56.020 which facility is determined by the City to have supplemental size, length or capacity over that needed for the impact of that development, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this section on the development project, shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development.

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City of Albany, CA § 20.58.010

PLANNING AND ZONING

§ 20.58.030

An Albany Art in Public Places Program is hereby established on issuance of certain building permits for development in the City of Albany. The Albany Art in Public Places Program shall be in addition to all other charges for approvals and permits required by other ordinances and resolutions of the City of Albany.

CONSTRUCTION COST — Means construction cost shall be based on building valuation per square foot, as contained in the City Master Fee Schedule, as it may be amended from time to time, excluding land valuation and off-site improvement costs.

PUBLIC ART PROJECT THRESHOLD — Means the City Council shall adopt by resolution, standards that set forth the size and types of building permits upon which the ordinance is imposed.

PUBLIC ARTWORK — Means and may include sculpture, monument, mural, fountains, fresco, relief, painting, drawing, etching, original print and collage, mosaic, ceramic, weaving, carving, stained glass, wood, metal, plastic, textile, earthworks, digital art, or electronic art. The following items are not to be considered Public Artwork:

1. Normal landscaping, paving, architectural ornamentation, or signage, except where these elements are designed by the artist and are an integral part of the fine art works by the artist.

2. Decorative, ornamental, or functional building elements that are advertising in intention, or that includes a business name or logo.

3. Directional elements such as super graphics, signage, or color-coding except where these elements are an integral part of original fine art works.

4. Art objects that are mass-produced from a standard design such as playground equipment, fountains, flags, or banners.

5. Decorative, ornamental, or functional building elements that are designed by the building architect or designer except where these elements are designed by the artist and an integral part of the fine art works by the artist.

6. Works of art that are perceived by the Arts Committee or review panel as offensive and not of interest to the general community.

• A. The requirements of this section shall not apply to:

  1. Projects that have an active building permit application on or before the effective date of the section. [10 ]

  2. Projects that are determined by the Community Development Director to be exempt from Design Review, pursuant to Section 20.100.050B.2.

10. Editor's Note: As defined in Section 50072 of the California Health and Safety Code, or Section 223 of the U.S. Social Security Act.

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City of Albany, CA § 20.58.030

ALBANY CODE

§ 20.58.050

3. Projects with project size or building valuation less than the Public Art Project Threshold.

4. A single-family home that is the primary residence of the owner of the property.

5. Projects initiated to comply with subsection 12-6.3.f (unreinforced masonry bearing wall).

6. Public improvement projects or publicly-assisted project in which the Community Development Director determines that the public source of funding, or other applicable regulation or policy, prohibits the use of funds for public art.

7. Underground public works projects, street or sidewalk repair, street lighting, or landscaping, including American Disabilities Act (ADA) mandated improvements and energy efficiency improvements to existing facilities.

• A. Applicants for all new development projects, except projects exempted in Section 20.58.030, are required to include a Public Art feature valued at 1.75% of construction, or if eligible, pay an in-lieu fee pursuant to Section 20.58.040. The City Council, by resolution, may adjust the required valuation of the Public Art Feature.

• B. Valuation of Public Art Feature. An applicant is responsible for providing documentation of the value of a Public Art Feature. Such documentation shall be provided by an independent third party with qualifications acceptable to the Community Development Director. The cost of services or utilities necessary to operate or maintain the artwork over time shall not be included in the valuation of the Public Art Feature.

• C. Nothing in this section shall prohibit an applicant from placing an approved Public Art Feature in a project with a valuation less than required, provided that the applicant pays to the Art in Public Places Fund an amount equal to the difference between the actual valuation of the Public Art Feature and the required valuation, pursuant to implementation procedures to be adopted by the City Council.

• D. All Public Art Features installed on private property shall remain the property of the owner of the parcel. The obligation to maintain the Public Art Feature shall remain the property owner, may be incorporated into conditions of approval of the project, and shall be documented in the form of covenant recorded against the property. Failure to maintain Public Art Feature may be declared a public nuisance, and subject to the enforcement provisions of Chapter 18 (Nuisances) of the Municipal Code.

• A. The Finance and Administrative Services Director shall establish and administer an Art in Public Places Fund, which shall be used for the acquisition, installation, improvement, and maintenance of Public Art Features. The Fund shall be maintained in a separate account and not commingled with other funds.

• B. For proposed projects on sites of less than ten thousand (10,000) square feet, at the discretion of the project applicant, in lieu of developing an on-site Public Art feature, a project applicant may pay an in-lieu fee to the Art in Public Places Fund equal to 1.75% of construction costs. The City Council, by resolution, may adjust the required in-lieu fee.

• C. For proposed projects on sites of ten thousand (10,000) square feet or more, at the discretion of the City and subject to Arts Committee review, a project applicant may request permission pay an in-lieu

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City of Albany, CA § 20.58.050

PLANNING AND ZONING

§ 20.58.070

fee to the Art in Public Places Fund according to the schedule contained in Section 20.58.040B. The entity with overall project decision-making authority for the project may approve the request, if on the basis of the application and evidence submitted, the decision-making body makes one or more of the following findings, insofar as they are applicable:

1. The appearance, installation, access to, or maintenance of the Public Art Feature would adversely affect the character of the site or nearby properties.

2. The installation, access to, or maintenance of the Public Art Feature cannot be reasonably achieved in compliance with applicable Building and Housing Regulations (Chapter 12 of the Municipal Code) or Planning and Zoning Regulations (Chapter 20 of the Municipal Code).

3. The size, configuration, or land use on the site limits reasonable public access to a Public Art Feature.

4. The appearance, installation, access to, or maintenance of the Public Art Feature conflicts with the applicant's reasonable ability to comply with other adopted policies of the City, including but not limited to the Green Building Program and development of affordable housing.

5. The appearance, installation, access to, or maintenance of the Public Art Feature would have a detrimental impact on a historic resource, have the potential to be an attractive nuisance, or have a detrimental impact on public safety.

• A. Maintenance of Public Art Features installed on private property shall be the sole responsibility of the property owner, taking into account the recommendations of the artist as stated in the maintenance criteria provided during installation. Maintenance criteria shall be documented in conditions of approval associated with the project, and if appropriate, documented in the form of a written memorandum recorded on the parcel(s) with the County Recorders Office.

• B. Title to all artworks required and installed pursuant to this section shall pass to successive owners of the real property

• C. In the event that a property owner wishes to replace or relocate a Public Art Feature approved pursuant to this section, the property owner must pay for replacement Public Art Feature of equal or greater value, or pay for the relocation of the Public Art Feature to an alternative site in the City. Any replacement or relocation shall abide by all State and Federal laws governing the rights of artists. The replacement or relocation of the art work shall be subject to an agreement with the City, which shall include a timeline for replacement or relocation, and shall comply with the requirements of this section.

• A. Based on recommendations prepared by the Arts Committee and the Planning and Zoning Commission, the City Council shall adopt by resolution procedures for implementation of the requirements of this section, including Arts Committee responsibilities, selection and implementation of art on City property, use of Public Art funds, application requirements, procedures for repair, restoration, or relocation of Public Art Features approved pursuant to this section, and annual review of the Public Art program. Changes to implementation procedures shall be reviewed by the Arts Committee and the Planning and Zoning Commission prior to action by the City Council.

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City of Albany, CA § 20.58.070

ALBANY CODE

§ 20.58.080

• B. Approval of the public art component of a project shall be incorporated into the design review process pursuant to Section 20.100.050. A Public Art Feature may be approved by the Planning and Zoning Commission, based on a recommendation of the Arts Committee, if on the basis of the application and evidence submitted, the Commission makes the following findings, insofar as they are applicable:

  1. The proposed Public Art Feature is consistent with any applicable design review standards or guidelines adopted by the City;

  2. The Public Art Feature is an original work of high aesthetic quality;

  3. The Public Art Feature is designed and constructed, in a manner and with materials that are adequate for the long-term integrity of the art and that will require a low level of maintenance to ensure that it remains in good condition for the intended life of the public art feature;

  4. The scale, material, form, color, and content of the proposed Public Art Feature is compatible and in harmony with the location and its surroundings; and

  5. There is reasonable public accessibility or visibility to the Public Art Feature.

• C. All Public Art Features shall meet applicable government requirements, including Building Code requirements.

• D. In the event of delays beyond the reasonable control of a building permit applicant, the Building Official may issue a Certificate of Occupancy if the applicant provides financial security in a form acceptable to the Community Development Director, which is equivalent to the valuation of the approved Public Art Feature.

• A. Exemption. If an applicant for a nonexempt project believes that circumstances exist that make it a hardship or infeasible to meet the requirements of this section, they may apply for an exemption or reduction in requirements as set forth below. In applying for an exemption, the burden is on the applicant to show hardship or infeasibility.

• B. Application. If an applicant for a nonexempt project believes such circumstances exist, the applicant may apply for an exemption at the time of application submittal.

• C. Meeting with Arts Committee. The Arts Committee shall review the information supplied by the applicant, may request additional information from the applicant. The Arts Committee shall make a recommendation to the overall project decision-making authority. If the Arts Committee recommends that it is a hardship or infeasible for the applicant to meet fully the requirements of this chapter based on the information provided, the Arts Committee shall recommend the maximum feasible valuation of public art achievable for the project.

• D. Granting of Exemption. The granting of an exemption shall be made by the overall project decisionmaking authority. If an exemption is granted, the applicant shall be required to comply with this chapter in all other respects and shall be required to achieve the maximum feasible valuation of public art achievable for the project.

• E. Denial of Exemption. If the Arts Committee determines that it is possible for the applicant to fully meet the requirements of this chapter, they shall so notify the applicant and the overall project decision-making authority in writing.

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City of Albany, CA § 20.60.010

PLANNING AND ZONING

§ 20.60.030

These regulations are intended to insure that the proposed conversions of existing structures to condominiums or other types of community housing, are eligible for consideration provided they are consistent with the following objectives:

• A. To reduce the impact of such conversions on residents in the rental housing, especially elderly and handicapped tenants, who may be required to relocate due to the conversion of rental housing to community housing, by providing for procedures for notification and adequate time for such relocation;

• B. To assure that prospective purchasers of converted community housing have been properly informed as to the physical condition of the structure and common equipment which is offered for purchase;

• C. To assure the conformity of the physical condition of the building to the Housing Code requirements for all multifamily residential structures in the City and with the Building Code of the City in effect at the time the converted building was constructed;

• D. To insure a reasonable balance in the owner versus rental housing mix and to maintain the supply of low to moderate income units available in the City for both owners and renters;

• E. To promote the concept of home ownership and to bring a greater amount of owner-occupied housing on the market affordable by all economic segments of the community, thus encouraging participation in the various economic and social benefits associated with home ownership.

The provisions of this section shall apply to the conversion of an existing structure or structures to community housing. Community housing shall include the following types of residential subdivisions:

• A. Any condominium project containing two (2) or more condominium units;

• B. Any community apartment project containing two (2) or more apartments;

• C. Any stock cooperative having or intended to have two (2) or more shareholders.

The term "condominium," as used in this section is intended to include all three (3) types of community housing.

In addition to the requirements of the State Subdivision Map Act, and any City ordinance enacted pursuant thereto, an application for the conversion of an existing structure to community housing shall require the submittal of the following data, which must be submitted at the same time the tentative subdivision map or tentative parcel map is submitted:

• A. Property Report and Warranty. A property report describing the condition and estimating the probable remaining useful life of each of the following elements of each structure situated within the project proposed for conversion: foundations, exterior walls, fire walls, roof, stairways and exits, interior

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City of Albany, CA § 20.60.030

ALBANY CODE

§ 20.60.030

insulation (sound and thermal), exterior insulation (sound and thermal), light and ventilation, plumbing, electrical, heating and air conditioning, fire and earthquake safety provisions, security provisions, interior common or public areas, landscaping, trash control, off-street parking. Such report shall be prepared by an appropriately licensed civil engineer or an architect registered in California, and shall contain recommendations for the correction or improvement of any deficiencies noted. An estimate of future property maintenance costs shall also be provided.

• B. The developer shall inform the buyer of the age of all equipment in private ownership including, but not necessarily limited to, dishwashers, garbage disposals, stoves, water heaters, refrigerators and heating, ventilating and air conditioning appliances that are provided.

• C. At such time as the Homeowners' Association takes over the management of the development, the developer shall provide a one (1) year warranty to the Association that any pool and pool equipment (filter, pumps, chlorinator) and any appliances and mechanical equipment to be owned in common by the Association, is in operable working condition.

• D. Acoustical Report. Indicating:

  1. The type of construction between dwelling units and the general sound attenuation characteristics of such construction, or indicating the level of sound attenuation between dwelling units, and

  2. The feasibility of various levels of improvement, prepared by a licensed acoustical engineer.

     • This report may be waived for four (4) or fewer units upon the discretion of the Building Official.

• E. Utility Metering Reports. If the units of the building are not individually metered, a report indicating the feasibility of individual or submetering, prepared by qualified engineers.

• F. Geological Conditions Report. A report on any known soil and geological conditions regarding soil deposits, rock formations, faults, groundwater and landslides in the vicinity of the project, and a statement regarding any known evidence of soils problems relating to the structures. Reference shall be made to any previous soils reports for the site, and a copy submitted with the report.

• G. Pest Control Report. A structural pest control report prepared by a licensed structural pest control operator (pursuant to Section 8516 of the Business and Professional Code).

• H. Demographic and Rental Structure Report. Specific information concerning the demographic characteristics of the project including, but not limited to, the following:

  1. Square footage and number of rooms in each unit;

  2. Rental rate history for each type of unit for previous five (5) years;

  3. Monthly vacancy rate for each month during preceding two (2) years;

  4. Makeup of existing tenant household, including family size, length of residence, age of tenants and whether receiving Federal or State rent subsidies;

  5. Proposed sale price of units;

  6. Proposed Homeowners' Association fee and what services the fee covers;

  7. Financing available, and

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City of Albany, CA § 20.60.030

PLANNING AND ZONING

§ 20.60.040

8. Names and addresses of all tenants.

When the subdivider can demonstrate that such information is not available, this requirement may be modified.

• I. Relocation Assistance Report. A written description of all relocation and moving assistance and information to be given to each tenant, and all the steps the subdivider will take to insure the successful relocation of each tenant, in the event that conversion takes place. The report, to be given to all tenants, should pay particular attention to what assistance will be provided to the elderly, handicapped and other tenants who may encounter difficulty finding new quarters. In order to reduce the number of such tenants being displaced, subdivider shall consider incentives and inducements that would permit tenants to become owners in the condominium. Subdivider shall also consider procedures that would allow such hard-to-relocate tenants to stay on as tenants, or to give such tenants additional time after termination of tenancy, due to the conversion, for permanent relocation.

• J. Statement of Improvements To Be Made. A statement of repairs and improvements to be made by the subdivider, necessary to refurbish and restore the project to achieve a high degree of appearance and safety.

• K. Proposed Organization and Items To Be Included in Covenants, Conditions and Restrictions. A written description regarding the proposed project organization including the use and control of the common elements and recreation facilities within the project. The statement shall detail any proposed control of common facilities to be retained by the developer, or by the owner or maintained by a Homeowners' Association of unit owners, or any other organization.

The applicant shall also indicate, in writing, that the following items will be included in the Covenants, Conditions and Restrictions:

1. The CC&R's shall state that no building permit shall be issued by the City without prior approval of the Homeowner's Association.

2. A maintenance plan which clearly specifies methods and standards for performance of common responsibilities and maintenance for all common areas, including any common refuse collection responsibilities or assurances that the premises will be kept free from trash and debris, and the equipment and fees to be assessed for such purposes. The maintenance plan shall include a sinking fund for major repairs and extraordinary expenses.

3. A provision that an individual owner cannot avoid liability for his prorated share of the expenses for the common area by renouncing his rights in the common area.

In addition to the requirements of the State Subdivision Map Act, and any City ordinance which may be enacted pursuant thereto, the following data shall be submitted at the same time the final subdivision map or parcel map is submitted for an application for the conversion of an existing structure to community housing:

• A. Organization Documents. A copy of the covenants, conditions and restrictions, including those items listed in subsection 20.60.030, paragraph g, and any other items which may be required by the Planning Commission.

• B. Report to Prospective Buyers. This report shall consist of the final version of the property and structural reports required in subsection 20.060.030.

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City of Albany, CA

ALBANY CODE

§ 20.60.040

§ 20.60.050

• C. Public Report Application. A full and complete copy of all information submitted to the City must be submitted to the California Department of Real Estate.

Approval of tentative and final subdivision maps, or of tentative parcel and parcel maps, shall be conditional upon the following requirements:

• A. Compliance with Applicable Codes and Additional Standards. The project shall conform to the applicable standards of the City's Housing Code, and shall be found to be in compliance with the City Building Code in effect on the date that the building was constructed. Additionally, the project shall conform with the following standards:

  1. Utilities. The consumption of gas and electricity within each dwelling unit shall be separately metered so that the unit owner can be separately billed for each utility. Each unit shall have its own panel board for all electrical circuits which serve the unit. A water shut-off valve shall be provided for each unit. The requirements of this subsection may be waived where the Building Official finds that such would not be practicable.

  2. Fire Prevention.

     • a. Smoke Detectors. Each living unit shall be provided with approved detectors of products of combustion other than heat, conforming to the latest UBC standards, mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes.

     • b. Maintenance of Fire Protection Systems. All fire hydrants, fire alarm systems, portable fire extinguishers and other fire protective appliances shall be retained in an operable condition at all times.

  3. Exits. The structure's exits, exit ways and appurtenances shall conform to the standards set forth in Chapter 8 of the current City Housing Code, and Chapter 33 of the City Building Code.

  • Sound Transmission.

  • a. Shock Mounting of Mechanical Equipment. All permanent mechanical equipment, such as motors, compressors, pumps and compactors, which is determined by the Building Official to be a source of structural vibration or structure-borne noise shall be shock mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the Building Official.

  • b. Noise Standards. The structure shall conform to all interior and exterior sound transmission standards of Chapter 35 (Appendix) of the Uniform Building Code. In such cases where present standards cannot reasonably be met, the applicant shall notify potential buyers of the noise deficiency currently existing within these units.

5. Private Storage Space. Each unit shall have at least two hundred (200) cubic feet of enclosed weather-proofed and lockable private storage space in addition to guest: linen, pantry and clothes closets customarily provided. Such space shall be for the sole use of the unit owner. Such space may be provided in any location approved by the Building Official, but shall not be divided into two (2) or more locations. In such cases where the subdivider can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the Building Official.

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City of Albany, CA § 20.60.050

PLANNING AND ZONING

§ 20.60.070

6. Landscape Maintenance. All landscaping shall be restored as necessary and maintained to achieve a high degree of appearance and quality.

7. Usable Open Space. A multifamily dwelling which does not provide reasonable private and common outdoor usable open space may be considered to be ineligible for conversion.

• B. Inspection and Performance. The City Building Inspector shall inspect the building to review the accuracy of the property report required by subsection 20.60.030A, and to determine compliance with this subsection. Any required structural repair work shall be completed, or funds for the completion of the work shall be either escrowed or bonded to the satisfaction of the Building Official, to assure completion of the work prior to the closing of escrow for the sale of any unit in the project.

Any physical elements of the project found to impose a hazard to the health and safety of the occupants of the project shall be corrected prior to the approval of the Final or Parcel Map, or funds shall be adequately escrowed or bonded, to the satisfaction of the Building Official, to assure completion of such corrective work, prior to the closing of escrow of any unit in the project.

• A. General Plan Conformity. The Planning Commission shall not approve a tentative map or preliminary parcel map for a condominium conversion project if it finds that any applicable General Plan or Specific Plan provision contains a definite statement of policies and objectives explicitly applicable to condominium conversion projects, and the proposed map is not substantially consistent with such provision.

• B. Impact on Senior Citizen, Disabled and Low/Moderate Income Tenants. The Planning Commission shall not approve an application for condominium conversion unless the Planning Commission finds that:

  1. The proposed conversion will not displace a significant percentage of low and moderate income [11] , senior citizen [12] or disabled [13] tenants, and will not delete a significant number of low and moderate income rental units [14] from the City's housing stock at a time when no equivalent housing is readily available in the Albany area.

• C. Annual Limitation. The total number of rental units eligible for conversion to condominiums each year shall not exceed three (3%) percent of the City's total multi-family rental housing stock as of January 1 of that year. Multifamily housing under the jurisdiction of nonprofit motivated organizations shall not be included in the determination of the quantity of rental housing stock.

• A. Review Procedure. Applications for proposed condominium conversions shall be accepted twice annually: the last Friday in April and the last Friday in October. The Planning Commission shall meet to consider the applications no later than sixty (60) days from the dates of application. The total number of rental units approved for conversion to condominiums in the first annual consideration shall not exceed sixty (60%) percent of the total annual allotment, and the number of units approved

11. Editor's Note: As defined by standard definitions used by the Federal and State Governments; generally, persons with incomes less than eighty (80%) percent of the median income level for the region.

12. Editor's Note: Age sixty-two (62) or older.

13. Editor's Note: As defined in Section 50072 of the California Health and Safety Code, or Section 223 of the U.S. Social Security Act.

14. Editor's Note: Units which are rented at or below the Section 8 Fair Market Rent Level.

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City of Albany, CA § 20.60.070

ALBANY CODE

§ 20.60.080

for conversion in the second annual consideration, when added to the number of units approved for conversion in the first annual consideration shall not exceed one hundred (100%) percent of the total annual allotment. Allocations for conversions shall not be cumulative from year to year. Single structures containing a number of units in excess of the prescribed allotments for either of the two (2) annual considerations, may be approved on a variance basis (see subsection 20.100.040).

• B. Approval Evaluation Factors. In reviewing applications for conversions, and in selecting from applications for conversion proposals, the Planning Commission shall include the consideration of the following:

  1. Effect of Proposed Conversion on the City's Rental Supply, Especially Low and Moderate Income Units. Along with other factors, the City will consider the following:

     • a. The number of families on current waiting lists for assisted rental housing programs that operate in Albany, not including nonprofit motivated projects.

     • b. The probable income range of tenants living in existing apartments based on the assumption that households should pay between one-fourth (1/4) and one-third (1/3) of their income for housing. That income range will be compared with existing income limits for the Section 8 Program to determine whether potential displaced tenants can be categorized as low and moderate income.

     • c. The need and demand for lower cost home ownership opportunities which are increased by the conversion of apartments to condominiums.

• d. If the Planning Commission determines that vacancies in the project have been increased for the purpose of preparing the project for conversion, the tentative map may be disapproved. In evaluation of the current vacancy level under this subsection, the increase in rental rates for each unit over the preceding five (5) years and the average monthly vacancy rate for the project over the preceding two (2) years shall be considered.

  2. Relocation Assistance. As outlined in the report required by subsection 20.60.030I.

  3. Building Condition. As described in the report in subsection 20.60.030A and as verified by the Building Official. The Planning Commission shall also evaluate and take into consideration the proposed substantial improvements of both private and common areas.

• A. The City shall notify, in writing, each present tenant of the time and place of the meeting date when tentative parcel or subdivision map is to be discussed by the Planning Commission at least ten (10) days prior to such meeting.

• B. Within five (5) days of issuance of the subdivision public report, pursuant to Section 11018.2 of the Business and Professions Code, the subdivider shall notify all tenants, in writing, of the date of issuance of the report. The Notice of Intention to Convert shall also state the following:

  1. Remodeling of Units. That no remodeling of the interior of tenant-occupied units shall begin until after the tenant has moved or agreed to purchase.

  2. Tenant Right to Purchase. That each tenant has an exclusive right to contract for the purchase of the dwelling unit occupied by the tenant or other unit in the development upon the same or more favorable terms and conditions than those on which such unit will be initially offered to the

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City of Albany, CA § 20.60.080

PLANNING AND ZONING

§ 20.60.080

general public. The right shall run for a period of not less than sixty (60) days from the date of issuance of the said report, unless the applicant receives prior written notice of the tenant's intention not to exercise the right. The tenant's right to purchase shall be nontransferable.

3. Vacation of Units. That each tenant (subject to the terms of his/her lease/rent agreement) has a right of occupancy of at least one hundred twenty (120) days after being given written notice of intention to convert, or until the expiration of tenant's lease, whichever is longer, prior to termination of tenancy due to condominium conversion.

Any tenant who is over the age of sixty-two (62), or who occupies a low to moderate cost housing dwelling unit, or who is handicapped or disabled as defined herein shall be allowed to remain as a tenant for an additional month for each year in residence, in addition to the above one hundred twenty (120) day period. In any case, such tenant shall have a right to occupancy for at least one hundred eighty (180) days following the written Notice of Intention to Convert.

4. No Increase in Rents. That a tenant's rent shall not be increased for one (1) year from the time of the filing of the tentative map.

5. Moving Expenses. That the subdivider shall provide moving expenses to any tenant who relocated from the building to be converted after receipt of notification from the subdivider of his intent to convert, except when the tenant has given notice of his intent to move prior to receipt of notification from the subdivider of his intent to convert. The amount of moving expenses shall be as follows:

   • a. For tenants over the age of sixty-two (62) who have lived in their unit for at least two (2) years, an amount not to exceed three (3) times the monthly rent.

   • b. For all other tenants, an amount not to exceed one and one-half (1-1/2) times the monthly rent.

• C. Termination of Lease by Tenant. The subdivider shall, where possible, permit a tenant to terminate any lease or rental agreement without forfeiture of rent for the remaining portion of the lease period after notice has been given of the intention to convert to community housing, if such tenant notified the developer in writing thirty (30) days in advance of such termination.

• D. Notice to New Tenants. After submittal of the tentative map, any prospective tenants shall be notified in writing of the intent to convert prior to leasing or renting any unit.

• E. Special Consideration. Developer shall submit proposals for giving special consideration to tenants over seventy-two (72) years of age or disabled persons, who have been tenants for eight (8) years or more, and whose income is not above the low-moderate income level. The proposals shall be considered by the Planning Commission to assure optimum consideration for substantial property rights involved, as well as for the health, safety, convenience and general welfare of the tenants. The proposals could include, but are not limited to, the following:

  1. The same options open to all tenants, or

  2. Developer to satisfy requirements for adequate relocation: extra costs of moving and furnishing new quarters; new quarters must be substantially comparable in all important respects, i.e., location, rent, amenities, or

  3. Developer to arrange satisfactory terms for purchase into the condominium, i.e., long-term contract, low interest, and mortgage payments within ability to pay (not to exceed twenty-five

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City of Albany, CA § 20.60.080

ALBANY CODE

§ 20.60.080

(25%) percent above the rent being paid at the time of conversion) or

4. A lifetime lease with the initial rent not to exceed one hundred twenty five (125%) percent of the current rental, with the stipulation that the rent may be increased annually, but not to exceed the housing component of the Consumer Price Index, or

5. Other agreeable proposal.

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City of Albany, CA § 20.64.010

PLANNING AND ZONING

§ 20.64.050

The use of potable water for certain uses when nonpotable water is available and feasible is a waste of water. The purpose of this section is to implement State policies requiring the use of recycled water for nonpotable water uses within the designated recycled water use area when the City determines that there is not an alternative higher or better use for the recycled water, its use is economically justified and its use is financially and technically feasible for a project.

As used in this section:

COMMERCIAL OFFICE BUILDING — Means any building for office or commercial uses with water requirements which include, but are not limited to, landscape irrigation, toilets, urinals and decorative fountains.

GREENBELT AREAS — Include, but are not limited to, golf courses, cemeteries, parks and landscaping.

POTABLE WATER — Means water which conforms to the Federal, State and local standards for human consumption.

RECYCLED WATER — Means water which, as a result of treatment of wastewater, is suitable for a direct beneficial use or controlled use that would not otherwise occur. (See Water Code Section 13050(n).)

The use and distribution of recycled water shall be in accordance with applicable Federal, State and local laws and regulations.

Projects involving subdivision of land for which a tentative map or parcel map is required pursuant to California Government Code Section 66426 and Chapter 22 of the Albany Municipal Code and which are within the recycled water project area shall be conditioned to provide a plumbing system to serve nonpotable uses in the common areas of the subdivision, including but not limited to parks, greenbelts, landscaped streets, landscaped medians and golf courses, if recycled water is available to the project site at a reasonable cost, is of adequate quality, will not be detrimental to public health, and will not adversely affect downstream water rights, degrade water quality or injure plants, fish and wildlife. The Community Development Director shall review all subdivision projects that are within the recycled water project area, confer with the recycled water provider, and determine requirements for recycled water plumbing. These requirements shall become conditions of approval.

All projects that require Planning and Zoning Commission or City Council approval and include water uses that are allowed for disinfected tertiary recycled water by Title 22 of the California Code of Regulations, and that either are within the recycled water project area and above any size threshold set by the recycled water provider for projects in the recycled water project area, or are outside the recycled water project area and include ten thousand (10,000) square feet or more of nonresidential space, shall be conditioned

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City of Albany, CA § 20.64.050

ALBANY CODE

§ 20.64.060

to require submittal of a letter from the recycled water provider stating whether or not recycled water will be available for the project, prior to issuance of building permit. However, if the project applicant provides evidence that the recycled water provider has not responded to its written request within sixty (60) days, then the Community Development Director may decide not to require any further action by the project applicant.

As set forth in California Water Code Section 65605(b)(5), recycled water service shall not commence in any service area of a private utility or public agency retail water supplier that is not a local agency, except in accordance with a written agreement between the recycled water producer and the private utility or public agency retail water supplier.

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City of Albany, CA § 20.68.010

PLANNING AND ZONING

§ 20.68.030

§ 20.68

GREEN BUILDING AND BAY-FRIENDLY LANDSCAPING REGULATIONS

To promote economic and environmental health in the City, it is essential that the City itself, through the design, construction, operation and deconstruction of its own facilities and facilities it funds, provide leadership to both the private and public sectors by incorporating green building and bay-friendly landscaping practices. The most immediate and meaningful way to do this is to require the integration of green building and bay-friendly landscaping strategies in City and public-private partnerships buildings and landscapes.

As used in this section:

COMPLIANCE OFFICIAL — The Community Development Director shall be authorized and responsible for implementing this section as the Green Building and Bay-Friendly Landscaping Compliance Official.

The City Council shall establish by resolution, and periodically review and update as necessary, Green Building and Bay-Friendly Landscaping Standards of Compliance. The standards of compliance shall include, but not be limited to, the following elements:

• A. Types of projects subject to regulation

• B. Guidelines or Checklists to Be Applied to Various Types of Projects:

  1. Residential Projects. Residential remodel projects subject to design review including additions to single-family homes, accessory structures greater than one hundred twenty (120) square feet, new single-family construction, and multi-family construction shall comply with the following:

     • a. Residential additions and accessory structures applications shall be required to complete the Build it Green Green Point Rating System for Remodeling Projects.

     • b. New single-family homes shall be required to complete the Single-Family Build it Green Green Point Rating System Checklist or LEED Checklist.

     • c. Multi-family construction shall be required to complete the Multi-Family Build it Green Green Point Rating System Checklist or LEED Checklist.

  2. Commercial Projects. Commercial projects subject to design review including renovations to existing commercial buildings, new commercial construction shall be required to complete a LEED Checklist as part of the project.

  3. City Sponsored Projects. City-owned facilities subject to design review including renovation or new construction shall be required to complete a LEED Checklist as part of the project.

• C. Minimum Threshold of Compliance for Various Types of Projects:

  1. Thresholds for compliance shall be established by City Council resolution.

• D. Timing and Method of Verification of Compliance with Regulations:

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City of Albany, CA § 20.68.030

ALBANY CODE

§ 20.68.050

1. Compliance verification shall be established by City Council resolution.

• E.

• Definitions of Terms Used in The Standards of Compliance

The standards of compliance shall be based on the recommendation of the Planning and Zoning Commission.

• A. Implementation of this section shall commence July 1, 2007. The Community Development Director shall promulgate any rules and regulations necessary or appropriate to achieve compliance with the requirements of this section. The initial rules and regulations shall be promulgated after securing and reviewing comments from affected City agencies and departments.

• B. The rules and regulations promulgated by the Community Development Department under this section shall provide for at least the following:

  1. The incorporation of the green building and bay-friendly landscaping requirements of this section into the appropriate design, construction, maintenance and development agreement documents prepared for the applicable projects.

  2. The Compliance Official(s) shall have the responsibility to administer and monitor compliance with the green building and bay-friendly landscaping requirements set forth in this section and with any rules and regulations promulgated thereunder, and to grant waivers or exemptions from the requirements of this section.

• A. Exemption. If an applicant for a covered project believes that circumstances exist that make it a hardship or infeasible to meet the requirements of this section, they may apply for an exemption as set forth below. In applying for an exemption, the burden is on the applicant to show hardship or infeasibility.

• B. Application. If an applicant for a covered project believes such circumstances exist, the applicant may apply for an exemption at the time of application submittal. The applicant shall indicate the maximum number of credits he or she believes make it a hardship or infeasible to comply fully with this section. Such circumstances may include, but are not limited to, availability of markets for materials to be recycled, availability of green building materials and technologies, and compatibility of green building requirements with other government requirements and building standards.

• C. Meeting with Compliance Official. The Compliance Official shall review the information supplied by the applicant, may request additional information from the applicant, and may meet with the applicant to discuss the request.

• D. Granting of Exemption. If the Compliance Official determines that it is a hardship or infeasible for the applicant to meet fully the requirements of this section based on the information provided, the Compliance Official shall determine the maximum feasible number of credits reasonably achievable for the project. If an exemption is granted, the applicant shall be required to comply with this section in all other respects and shall be required to achieve, in accordance with this section, the number of credits determined to be achievable by the Compliance Official.

• E. Denial of Exemption. If the Compliance Official determines that it is possible for the applicant to

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City of Albany, CA

PLANNING AND ZONING

§ 20.68.050

§ 20.68.070

fully meet the requirements of this section, they shall so notify the applicant in writing.

• A. Any aggrieved applicant or person may appeal the determination of the Compliance Official regarding: (i) the granting or denial of an exemption pursuant to Section 20.68.060; or (ii) compliance with the section pursuant to subsection 20.68.050.

• B. Any appeal must be filed in writing with the Community Development Department within fourteen (14) days of the determination by the Compliance Official. The appeal shall state the alleged error or reason for the appeal. In reviewing the appeal, the City Council may request additional written or oral information from the applicant or Compliance Official. The Planning and Zoning Commission shall hold a public hearing regarding the appeal within forty (40) days of the date when the appeal was filed.

If any subsection, subdivision, paragraph, sentence, clause or phrase of this section, or any part thereof, is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this section or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, and phrase of this section irrespective of the fact that one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or effective. To this end, the provisions of this section are declared to be severable.

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City of Albany, CA § 20.100.010

PLANNING AND ZONING

§ 20.100.010

§ 20.100 PROCEDURES

§ 20.100.010. Common Permit Procedures. [Ord. No. 04-09; Ord. No. 06-08 § 1; Ord. No. 2017-05 § 2; amended 10-20-2025 by Ord. No. 2025-07]

• 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

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City of Albany, CA § 20.100.010

PLANNING AND ZONING

§ 20.100.010

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.

• 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.

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.

• Lien on Subject Property.

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City of Albany, CA § 20.100.010

ALBANY CODE

§ 20.100.010

• 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.

• 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.

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City of Albany, CA § 20.100.010

PLANNING AND ZONING

§ 20.100.010

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.

h (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.

l 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

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City of Albany, CA § 20.100.010

ALBANY CODE

§ 20.100.010

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. 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.

  3. 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.

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City of Albany, CA § 20.100.010

PLANNING AND ZONING

§ 20.100.010

• 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.

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:

     • a. A building permit has been issued and construction diligently pursued; or

     • b. A certificate of occupancy has been issued; or

     • c. The use is established; or

     • d. The use permit, variance or design review approval is renewed.

  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

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City of Albany, CA § 20.100.010

ALBANY CODE

§ 20.100.010

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

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City of Albany, CA § 20.100.010

PLANNING AND ZONING

§ 20.100.010

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.

• 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.

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City of Albany, CA § 20.100.010

ALBANY CODE

§ 20.100.010

• 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

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City of Albany, CA § 20.100.010

PLANNING AND ZONING

§ 20.100.020

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.

oses 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.

• 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

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City of Albany, CA § 20.100.020

ALBANY CODE

§ 20.100.030

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.

• 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

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City of Albany, CA § 20.100.030

PLANNING AND ZONING

§ 20.100.030

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.

• 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.

• 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

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City of Albany, CA § 20.100.030

ALBANY CODE

§ 20.100.030

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.

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City of Albany, CA § 20.100.030

PLANNING AND ZONING

§ 20.100.040

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.

• 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.

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City of Albany, CA § 20.100.040

ALBANY CODE

§ 20.100.050

• 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.

§ 20.100.050. Design Review. [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; 1-16-2024 by Ord. No. 2023-07]

• 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 hundredtwenty (120) square feet in area and twelve (12) feet in height.

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  - d. The following types of signs: 

     - 1) Signs which are allowed without a sign permit, as listed in Section 20.36. 

     - 2) Signs which are allowed by Section 20.32 with a zoning clearance. A zoning clearance may include consideration of design characteristics. 

        - (a) Change of message on an existing sign. 

        - (b) Fascia signs. 

        - (c) In-window permanent signs. 

  - 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.

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• 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.

==> picture [470 x 287] intentionally omitted <==

----- Start of picture text -----
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, New construction or additions of 400 square feet or
except second story additions. more.
Accessory structures greater than 120 square feet and Accessory structures of 400 square feet or more.
less than 400 square feet. All second story additions.
Decks which measure 36 inches or more above grade. 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 New construction or additions of 400 square feet or
involve substantial architectural alterations: more.
-Projecting signs Any project that changes roof lines.
-Awnings (with signage) All exceptions to district height limits.
-Awnings (without signage) Any project, including signs or awnings, that replaces
New construction or additions of less than 400 square or conceals existing exterior architectural details.
feet. Master sign program.
Minor exterior alterations, not subject to P&Z review, Applications referred by Community Development
including materials or color changes. Director.
----- End of picture text -----

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

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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

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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.

  - b. The bulk of the project is appropriate to the site and its surroundings, in that the ratio of gross square footage to site area is consistent with criteria set forth for the R-1 District in the Table 2A., Site Regulations by District (Residential), subsection 20.24.020. 
  

  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:

ue 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, 

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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.