§ 20.12 ZONING DISTRICTS AND PERMITTED USES — Albany Zoning Code

§ 20.12.010. Purpose. [Ord. No. 04-09] ¶

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

§ 20.12.020. Designation of Zoning Districts. [Ord. No. 04-09; amended 9-6-2022 by Ord.… ¶

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.

§ 20.12.030. Zoning Map. [Ord. No. 04-09] ¶

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

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

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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.
1. 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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City of Albany, CA § 20.12.040

ALBANY CODE

§ 20.12.040 ==> picture [469 x 647] intentionally omitted <== ¶

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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 ==> picture [469 x 626] intentionally omitted <== ¶

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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 ==> picture [469 x 615] intentionally omitted <== ¶

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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

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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 ==> picture [469 x 285] intentionally omitted <== ¶

NOTES, TABLE 1:

References to "use permit" shall be presumed to mean "major" use permit unless otherwise noted.
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.
All construction may be subject to design review and development standards.
Commercial activities are not permitted along the Kains Avenue or Adams Street frontages on parcels that are currently developed with dwellings.
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 ]
Multifamily dwellings only; single- and two-family dwellings prohibited.
Single-family dwellings are permitted by right.
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

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.

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.

§ 20.12.050. Residential Districts. [Ord. No. 04-09; Ord. No. 2014-05 § 3; amended… ¶

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; ¶

Provide adequate sites for public and quasi-public land uses needed to complement residential development; and
1. 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.

§ 20.12.060. Commercial Districts. [Ord. No. 04-09; Ord. No. 2019-01 § 1; amended… ¶

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. ¶

§ 20.12.070. Public and Special Districts. [Ord. No. 04-09] ¶

A. General Purposes of Public and Special Districts. The City has designated certain districts to accommodate public and quasi-public uses and institutions, and to guide appropriate development of lands at the Albany Waterfront.
B. Specific Purposes of Individual Public and Special Districts.
1. Public Facilities District (PF): The Public Facilities District provides a procedure for the orderly establishment of public facilities, expansion of their operations, or change in such uses. The district accommodates publicly owned land, including State and Federal facilities, parks, public and private schools, hospitals, and other major institutional uses. Both open and developed areas are appropriate within the district. The district accommodates a combination of residential and commercial uses on portions of the University of California property. The areas within the district correspond to the areas designated in the General Plan Land Use Element as Open Space and Institutional, with the exception that some small, quasi-public sites are located within residential districts, and open space lands west of the Interstate 80 and 580 Freeways are included within the Waterfront District.
2. Waterfront District (WF): Consistent with Measure C Citizens' Waterfront Approval Initiative (1990), the Waterfront District provides for the water-oriented uses called for in the Waterfront Master Plan, as well as the open space conservation, parks and recreation, and commercial recreation uses outlined in the Land Use Element and the Conservation Recreation and Open Space Element of the General Plan, in the area west of the Interstate 80 and 580 Freeways. Measure C stipulated that the following actions, if they authorize any use not authorized by the Zoning Ordinance for the Waterfront District as of the effective date of Measure C, shall only be taken by passage of a ballot measure approved by a majority of voters voting.
  - a. Any amendment to the land use designations for the Waterfront Area in the City's General Plan;
  - b. The establishment of, or any material amendment to, the Waterfront Master Plan or other specific plan for the Waterfront area. The meaning of the phrase "material amendment" shall be defined in the Waterfront Master Plan itself or other specific plan for the Waterfront area itself;
  - c. Any amendment to the Zoning Ordinance for the Waterfront area including changes to the text and changes to the map of the Waterfront Area.
  - d. The entry into any development agreement and/or any material amendment to a development agreement for the Waterfront Area. The meaning of the phrase "material amendment to a development agreement" shall be defined in the development agreement itself. A development agreement or an amendment to a development agreement shall be deemed "entered into" on the date that the election results approving the agreement or amendment are certified in the manner provided by the Elections Code.

§ 20.12.080. Overlay Districts. [Ord. No. 04-09; Ord. No. 06-014 § 5; Ord. No. 2011-06;… ¶

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

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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.

Specific Purposes of Individual Overlay Districts.

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.
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.
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.
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.
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