CHAPTER XX PLANNING AND ZONING SECTION 20.04 TITLE, PURPOSE, AUTHORITY 20.04.010 Title.

This Chapter of the Albany Municipal Code shall be known and cited as the Zoning Ordinance of the City of Albany, California. (Ord. No. 04-09) 20.04.020 Adoption. 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. (Ord. No. 0409) 20.04.030 Purposes of the Zoning Ordinance. 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. B. C. D. E. F. 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. (Ord. No. 04-09) To guide community growth along sound lines. To insure a harmonious, convenient relationship among land uses. To provide appropriate locations for needed community facilities. To promote commercial and industrial activities of appropriate types. To protect and enhance real property values within the City. To improve the City's appearance and to conserve and enhance its natural

20.04.040 Designation of Districts. 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. (Ord. No. 04-09) 20.04.050 Conflicts. 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. (Ord. No. 04-09) 20.04.060 Responsibility for Enforcement. 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. (Ord. No. 04-09) 20.04.070 Penalties. 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. (Ord. No. 04-09) 20.04.080 Public Nuisance; Abatement. 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. (Ord. No. 04-09) 20.04.090 Application. 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. (Ord. No. 04-09) 20.04.100 Severability. 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. (Ord. No. 04-09) SECTION 20.08 DEFINITIONS 20.08.010 Purpose.

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. (Ord. No. 04-09) 20.08.020 Definitions (A-Z). 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. Affordable Dwelling Unit, for Rent means a unit for which the total monthly rent plus utilities does not exceed thirty (30%) percent of the monthly income for low- or very-low-income households, respectively, as defined in this Chapter. (See definitions under "Household," below.) Affordable Dwelling Unit, for Sale means a unit for which the total monthly payment, including interest, taxes, insurance, and utilities does not exceed thirty (30%) percent of the monthly income for low- or very-low-income households, respectively, as defined in this Chapter. (See definitions under "Household," below.) Affordable Housing Agreement means an agreement between the City and the sponsor of a housing development project that includes affordable dwelling units, for the purpose of assuring continued affordability of such units for a period specified by this Chapter or for such longer period as may be stated in such agreement. 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.

Bonus, Density means an increase over the maximum residential density allowed by this Chapter for a given site, as may be permitted, pursuant to California Government Code Section 65915, for the purpose of creating affordable dwelling units. 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 structure having a roof supported by columns or walls, for the housing or enclosure of persons or property of any kind. 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. Commission, Planning and Commission of the City of Albany. Zoning means the Planning and Zoning

Common Interest Development means any of a community apartment project, a condominium project, a planned development, or a stock cooperative, as defined by California Civil Code Section 1351. 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. 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 Bonus Unit means a dwelling unit that results from the application of a density bonus to a housing development, and thus is counted in excess of the number of dwelling units that would otherwise be permitted on a site. 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) family 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. Emergency Housing means any facility that provides sleeping accommodations on a temporary basis, generally less than six (6) months, to persons who lack shelter due to such problems as illness, disability, lack of income, family violence or displacement resulting from a disaster. Food and other support services may be provided. See also "Transitional Housing." Family means an individual or two (2) or more persons living as a single housekeeping unit in a dwelling. A family includes any servants and four (4) or fewer boarders. 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. Frontage means the property line of a site abutting on a street. Gaming Activities means gambling; betting. 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. 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, Low-income means a household whose gross income is greater than fifty (50%) percent but no greater than eighty (80%) percent of the median income as established for Alameda County by the U.S. Department of Housing and Community Development. Household, Lower-income means a household whose gross income is no greater than eighty (80%) percent of the median income as established for Alameda County by the U.S. Department of Housing and Community Development; includes classifications of low-income and very-low-income. For purposes of density bonus projects, units targeted for lower-income households shall be affordable at a rent that does not exceed thirty (30%) percent of sixty (60%) percent of the median income established for the County. Household, Moderate-income means a household whose gross income is greater than eighty (80%) percent and no greater than one hundred twenty (120%) percent of the median income as established for Alameda County by the U.S. Department of Housing and Community Development. Household, Very-Low-income means a household whose gross income is no greater than fifty (50%) percent of the median income as established for Alameda County by the U.S. Department of Housing and Community Development. For purposes of Density Bonus projects, units targeted for very-low-income households shall be affordable at a rent that does not exceed thirty (30%) percent of fifty (50%) percent of the median income established for the County. 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. 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 Marijuana Dispensary means any facility in a single fixed location where a primary caregiver makes available, sells, transmits, gives or otherwise provides medical marijuana, or cannabis, to two (2) or more qualified patients or persons with an identification card. For purposes of this Chapter, medical marijuana dispensary does not include licensed clinics, health care facilities, residential care facilities, hospices or home health agencies listed in California Health and Safety Code 11362.7(d)(1). The following terms related to medical marijuana facilities has the following meanings: a. Applicant means a person who is required to file an application for a permit under Subsection 20.20.110 of the Chapter, including an individual owner,

managing partner, officer of a corporation, or any other operator, manager, employee or agent of a medical marijuana dispensary. b. Primary Caregiver shall have the same definition as in California Health and Safety Code 11362.7(d), as it may be amended from time to time. c. Qualified Patient shall have the same definition as in California Health and Safety Code 11362.7(f), as it may be amended from time to time, with the additional stipulation that a qualified patient shall have a valid identification card, as defined in definition f. below. d. Attending Physician shall have the same definition as in California Health and Safety Code 11362.7(a), as it may be amended from time to time. e. Written Documentation shall have the same definition as in California Health and Safety Code 11362.7(i), as it may be amended from time to time. f. Identification Card shall mean any photo identification card issued by an entity whose procedures for validation and issuance have been approved by the Albany Chief of Police. g. Person with an Identification Card shall have the same definition as in California Health and Safety Code 11362.7(h), as it may be amended from time to time. h. Serious Medical Condition shall have the same definition as in California Health and Safety Code 11362.7(d), as it may be amended from time to time. i. Chief of Police shall mean the Chief of Police of the City of Albany and his or her authorized representatives. 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, 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. 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 secondary 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 seventyfive (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 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. 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 cross-section 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 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 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. c. 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 tower or structure. d. 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. e. Microcell Site means a small radio transceiver facility comprised of an unmanned equipment cabinet with a total volume of one hundred (100) cubic feet or less that is either under or aboveground and one (1) omni-directional whip antenna with a maximum length of five (5) feet, or up to three (3) small (approximately 1 x 2 or 1 x 4) directional panel antennas, mounted on a single pole, an existing conventional utility pole, or some other similar support structure. f. 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 superceding 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. g. 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. h. 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.

i. 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. j. Receive-Only Antenna means antenna for the reception of radio and television signals, without transmitting capabilities; may include pole or dish types of antennas. k. 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. l. Satellite Dish means a bowl-shaped antenna used to receive and/or transmit electromagnetic signals to and from an orbiting satellite. m. 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. Click Here for Yard Diagram (Ord. No. 04-09; Ord. No. 05-06; Ord. No. 07-01 1; Ord. No. 09-03 2; Ord. No. 09-011 1)

SECTION 20.12 ZONING DISTRICTS AND PERMITTED USES 20.12.010 Purpose. The purpose of this section is to establish zoning districts, adopt an official Zoning Map, and determine permitted land uses and conditionally permitted land uses which will be consistent with the General Plan and adopted specific plans. (Ord. No. 0409) 20.12.020 Designation of Zoning Districts. The several classes of zoning districts into which the City may be divided are as follows: Section 20.12.050.B.1 20.12.050.B.2 20.12.050.B.3 20.12.050.B.4 20.12.050.B.5 20.12.060.B.1 20.12.060.B.2 20.12.060.B.3 20.12.070.B.1 20.12.070.B.2 20.12.080.B.1 20.12.080.B.2 20.12.080.B.3 20.12.080.B.4 20.12.080.B.5 20.12.080.B.6 Zoning District Residential Single Family Residential Medium Density Residential High Density Residential Towers Residential Hillside Development Solano Commercial San Pablo Commercial Commercial Mixed Use Public Facilities Waterfront Hillside Overlay District Commercial Node Overlay District Planned District Residential/Commercial Designation R-1 R-2 R-3 R-4 RHD SC SPC CMX PF WF :H :CN Overlay :PRC :P :RCT :WC

Professional Overlay District Residential-Commercial Transition District Watercourse Overlay District

A summary of the permitted and conditionally permitted uses in each Zoning District is presented in subsection 20.12.040, Table 1, Permitted Land Uses by District. (Ord. No. 04-09)

20.12.030 Zoning Map. This subsection consists of the Zoning Map of the City, which map may be amended in whole or in part in accordance with the zoning amendment procedure set forth in subsection 20.100.070 of this Chapter. A. Location and Boundaries of Zoning Districts. The designation, location and boundaries of the aforesaid zones shall be delineated on the Zoning Map of the City. B. Boundaries. Wherever any uncertainty exists as to the boundary of any district as shown on the Zoning Map, the following regulations shall control: 1. Where a boundary line is indicated as following a street or alley, it shall be construed as following the centerline thereof. 2. Where a boundary line is indicated as approximately following a lot line, the lot line shall be construed to be the boundary. 3. Where a boundary line crosses property under one (1) ownership, the boundary line shall be determined by the use of the scale designated on the map. 4. Where further uncertainty exists, the Planning and Zoning Commission, upon written application or on its own motion, shall determine the location of the boundary in question, giving due consideration to the location indicated on the Zoning Map and the purposes of this Chapter as stated in subsection 20.04.030. C. Zoning Map Amendments. 1. Ordinance No. 06-014.*

(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 "R3-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".) (Ord. No. 04-09; Ord. No. 06-014 4) 20.12.040 Permitted Land Uses by District.

Key to Table: P = Permitted UP = Use Permit Required UP-M = Minor Use Permit Required16, 17 - = Not Permitted Limits on authority for UP-M are indicated by * and **16 TABLE 1. 20.12.040 PERMITTED LAND USES BY DISTRICT
Land Use1 R-1 R-2 R-3 R-4

RHD

SC

SPC
P3 P3 P3

CMX

PF

WF11

Residential
Single Family Dwelling Two-Family Dwellings Multi-Family Dwellings Live/Work Space Rooming or Boarding House Bed and Breakfast Care Facility, Residential a) Small b) Large P P P P P P P UP P UP UP P2 P2 P2 -

UP

UP

P UP

UP

P2 -

UP -

UPM**
-

P UP

P UP

P UP

P UP

P UP

P UP4

P UP4

TABLE 1. 20.12.040 PERMITTED LAND USES BY DISTRICT

Land Use1 Day Care Home, Residential a) Small family b) Large family19 Residential Secondary Unit R-1 R-2 R-3 R-4

RHD

SC

SPC

CMX

PF

WF11

P UPM

P UPM -

P UPM -

P UPM -

P UP-M

Public and QuasiPublic

Community Assembly Clubs and Lodges Cultural Activities/ Institutions Day Care Center (Non-Family) Homeless Shelter Hospitals and Clinics Medical Marijuana Dispensary Park and Recreation Facilities Public Admin. Offices/ Facilities Public Maintenance Facilities Religious Institutions Schools, public or private Social Service Facilities U.S. Post Office Utilities Major Minor Underground UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP P UP UP UP UP UP UP UP P UP UP UP UP UP UP UP P P UP -

UPM*
UP UP UP

UP UP5 UP5 P -

UP UP5 UP5 UP5 P -

UP UP5 UP5 UP5 P -

UP5 UP5 P -

UP5 UP5 P -

UP UP5 UP P UP5 P P -

UP UP5 UP P UP5 P P UP

UP UP5 UP UP UP5 P P UP

UP UP5 UP5 P P -

UP5 UP5 UP5 -

Commercial
Adult entertainment establishment

TABLE 1. 20.12.040 PERMITTED LAND USES BY DISTRICT

Land Use1 Animal Sales and Services a) Animal Boarding b)Animal Grooming c)Animal Hospitals d)Animal Sales Automobile/ Vehicle Sales and Services a)Automobile/ vehicle/ equipment sales and/or rental b)Automobile service station (including fueling station) c)Automobile/ vehicle/ equipment repair d) Automobile washing Bars Building materials sales and service a) Within an enclosed building b) Open storage area R-1 R-2 R-3 R-4

RHD

SC

SPC

CMX

PF

WF11

UP P P P

UPM P P P

UPM UPM UPM UPM

UP

UP

UP

UP

UP

UP

UP

UP UP

UP UP

UP

R-1 -

R-2 -

R-3 -

R-4 -

SC

Land Use

RHD
-

UPM* UP6 SPC

UP -

UPM*
UP6 CMX

PF -

WF11 -

Commercial Recreation/ Entertainment Commercial Recreation/ Entertainment in Waterfront District Communication Facilities

UP7 -

UP UP

UP

UP

UP

TABLE 1. 20.12.040 PERMITTED LAND USES BY DISTRICT

Land Use1 Construction services (contractors) Dry Cleaner (retail) Financial institutions Funeral and interment services Gyms and Health Clubs Hotels and motels Laboratory, limited Laundry, large scale Laundry, selfservice R-1 R-2 R-3 R-4 -

RHD
-

SC -

SPC
UP6

CMX UP6

PF -

WF11 -

UP9 -

UP9 -

UP9 -

UP9 -

P P UP UP8 P UP P UP P P UP

P P UP UP UP UP UP P UP P P UP P P UP

UPM UPM UP UPM* UP UPM UP UPM UP UPM* UPM UP UPM UP UPM UPM* UPM* UPM12,
13

UP10

UP UP -

Liquor Store
Offices, general and professional Marinas and boat launching ramps Parking facility, Nonresidential Pawn shops Printing (retail) Printing (industrial) Repair Services (non-auto) Research and Development (Commercial) Research and Development (Educational) Restaurant

P12, 13
12,

P12, 13
12,

UP12,
13

a)with live entertainment b.1.) with take- out (walk-up)

UP
13

UP
13

UP12,
13

P12, 13

P12, 13

UPM12,
13

TABLE 1. 20.12.040 PERMITTED LAND USES BY DISTRICT

Land Use1 R-1 R-2 R-3 R-4 -

RHD
-

SC P P

SPC
UP12,
13

CMX UP12,
13

PF -

WF11 -

b.2.) with take-out

(drive- through) Retail, food and beverage sales Retail nurseries and garden supplies Retail sales

P P

UPM* UP

a)Neighbor-hood Retail
b)Community Retail c) Regional Retail Services, ambulance Services, business Services, catering Services, instructional Services, massage Services, personal Significant20Tobacco Retailer Waterfront and Waterfront-Sportsrelated Commercial sales and service

UP18 -

P UPM* P UP P14 UP P UP -

P P P P P P14 UP P UP -

UPM* UPM* UPM* UPM UPM UPM UP UPM UP UP -

UP

Industrial
Industry, limited Industry, general Truck terminal Warehousing and storage a) indoor b) outdoor Wholesaling and distribution NOTES, TABLE 1.A: UP UP UP -

UP UP UP

TABLE 1. 20.12.040 PERMITTED LAND USES BY DISTRICT

Land Use1 R-1 R-2 R-3 R-4

RHD

SC

SPC

CMX

PF

WF11

1. All construction may be subject to design review and development standards. 2. Use Permit is required if located on the ground floor; on the 2nd floor or above, the use is permitted. Off-street parking in support of residential use is not permitted to occupy ground floor building frontage along Solano Avenue. 3. Ground floor building frontage along San Pablo Avenue is reserved for commercial activity, except for any necessary access to residential facilities; residential use is permitted elsewhere on the ground floor, and above the ground floor. Off-street parking in support of residential use is not permitted to occupy building frontage along San Pablo Avenue. 4. Not permitted on ground floor. 5. Except where preempted by State or Federal law. 6. Projects may be subject to screening requirements. 7. Limited to uses within a building, not to exceed five thousand (5,000) square feet. 8. If 10 or fewer hotel/motel rooms, otherwise not allowed. 9. Requires Use Permit in residential zoning districts on sites that abut commercial zoning districts, otherwise not allowed in residential zoning districts. Parking facilities shall be designed to meet all applicable screening and landscape standards stated in subsection 20.24.110. See subsection 20.28.050.B for additional design standards for parking facilities.

NOTES, TABLE 1.A, CONTINUED:

10. If governmental or educational related. Otherwise, not allowed in public facilities zoning district. 11. Waterfront - List of uses is intended to remain unchanged from those uses authorized by the Zoning Ordinance for the Waterfront District as of the effective date of Measure "C".* 12. A supplemental business license may be required where alcohol is consumed. 13. Alcohol beverage service requires a major or minor use permit. See 20.20.070.B.1. 14. A Use Permit will be required if the proposed use has a potentially significant impact upon surrounding development in terms of light, glare, noise, odor, parking, traffic, or hazardous materials, as determined by the Community Development Director. 15. [not used] 16. See subsection 20.100.030 for description of distinctions between Major and Minor Use Permits. Authority to grant Minor Use Permits is Limited to maximum 2500 square feet (nonresidential), or 6 dwelling units (residential), unless marked with asterisk(s): * = maximum 5,000 square feet; ** = maximum 10 dwelling units. A Major Use Permit is required for any project that exceeds these thresholds. 17. References to "use permit" shall be presumed to mean "major" use permit unless otherwise noted. 18. Limited to serving the convenience of the residential development in the R-4 District. 19. Refer to Section 20.20.020.B.2.d. for special process of notice and hearing. 20. Refer to Section 20.20.120 for Location and Operation Standards.

(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) Editor's Note: Measure C can be found in Appendix B at the end of this Chapter.

20.12.050 Residential Districts. A. General Purposes of Residential Districts. The Citys residential districts are intended to: 1. Protect residential neighborhoods and achieve design compatibility between single and multi-family developments and commercial districts, preserve neighborhood character, and ensure adequate buffers between zoning districts through physical development standards and performance standards; 2. Provide adequate sites for public and quasi-public land uses needed to complement residential development; and 3. dwelling. Ensure adequate light, air, privacy, and open space for each

B. Specific Purposes of Individual Residential Districts. See Table 2.A., subsection 20.24.020, for maximum densities permitted in each district. 1. Residential Single Family District (R-1): The Residential Single Family District provides opportunities for low-density residential development characterized by single-family homes on individual lots. Secondary residential units are permitted subject to appropriate standards and review procedures. The district corresponds to the Low Density Residential designation in the General Plan Land Use Element. 2. Residential Medium Density District (R-2): The Residential Medium Density District provides for residential living at moderate densities. 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. 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). More specifically, the RHD district is intended:
1

a. To reduce the likelihood of earth movement, landslides and development on unstable terrain in order to protect the health and safety of the community. b. To minimize grading (cut-and-fill) to a point consistent with the retention of the natural character of hillside areas and to prohibit, to the extent feasible, grading of flat pads or terracing of building sites in hillside areas. c. To minimize the water run-off and soil erosion problems resulting from excessive grading which changes the historical runoff patterns to accommodate development needs. d. To maximize safety and enjoyment while adopting development to, and taking advantage of, the best use of the existing natural terrain. e. To establish development requirements that are consistent with the environmental constraints and visual importance of the Albany Hill area. f. To preserve and enhance the beauty of the landscape by encouraging the maximum retention of natural topographic features such as drainage swales, slopes, ridgelines, vistas, trees and natural plant formations. g. To preserve, enhance and promote the existing and future aesthetic appearance and environmental resources of the hillside area. (Ord. No. 04-09) 20.12.060 Commercial Districts. A. General Purposes of Commercial Districts. The Citys commercial districts are intended to: 1. Provide appropriately located areas for a full range of retail, office, service and industrial uses needed by the Citys residents, businesses and workers; 2. Strengthen the Citys economic base, and provide employment opportunities for residents of the city; and

3. Ensure that the character of commercial buildings and uses is harmonious with the area in which they are located. B. Specific Purposes of Individual Commercial Districts.

1. Solano Commercial District (SC): The Solano Commercial District accommodates commercial uses which supply a wide range of commercial retail and related services both to the adjacent neighborhoods and the surrounding communities, within an attractive pedestrian-oriented shopping environment. The district also provides opportunities for office development and high-density residential development, including mixed-use settings. The district corresponds to the Community Commercial 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 also provides opportunities for office development and high-density residential development, which may be in mixed-use settings. The district corresponds to the General Commercial 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 commercial, service and light industrial uses consistent with the Light Industrial designation in the General Plan Land Use Element. More specifically, the CMX district is intended: a. To reserve appropriately located land for commercial service uses, light industrial plants and related activities; b. To provide opportunities for certain types of commercial services and industrial uses to concentrate in mutually beneficial relationship to each other; c. To provide adequate space to meet the needs of commercial and industrial development, including off-street parking and truck loading areas and landscaped areas; d. To ensure that 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; e. To minimize traffic congestion;

f. To avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; and the capacity of the City's infrastructure to support them; g. To ensure that the appearance of industrial structures and uses is harmonious with the visual character of the City. (Ord. No. 04-09) 20.12.070 Public and Special Districts. A. General Purposes of Public and Special Districts. The City has designated certain districts to accommodate public and quasi-public uses and institutions, and to guide appropriate development of lands at the Albany Waterfront. B. Specific Purposes of Individual Public and Special Districts.

1. Public Facilities District (PF): The Public Facilities District provides a procedure for the orderly establishment of public facilities, expansion of their operations, or change in such uses. The district accommodates publicly owned land, including State and Federal facilities, parks, public and private schools, hospitals, and other major institutional uses. Both open and developed areas are appropriate within the district. The district accommodates a combination of residential and commercial uses on portions of the University of California property. The areas within the district correspond to the areas designated in the General Plan Land Use Element as Open Space and Institutional, with the exception that some small, quasi-public sites are located within residential districts, and open space lands west of the Interstate 80 and 580 Freeways are included within the Waterfront District. 2. Waterfront District (WF): Consistent with Measure C Citizens Waterfront Approval Initiative (1990), the Waterfront District provides for the water-oriented uses called for in the Waterfront Master Plan, as well as the open space conservation, parks and recreation, and commercial recreation uses outlined in the Land Use Element and the Conservation Recreation and Open Space Element of the General Plan, in the area west of the Interstate 80 and 580 Freeways. Measure C stipulated that the following actions, if they authorize any use not authorized by the Zoning Ordinance for the Waterfront District as of the effective date of Measure C, shall only be taken by passage of a ballot measure approved by a majority of voters voting. a. Any amendment to the land use designations for the Waterfront Area in the City's General Plan; b. The establishment of, or any material amendment to, the Waterfront Master Plan or other specific plan for the Waterfront area. The

meaning of the phrase material amendment" shall be defined in the Waterfront Master Plan itself or other specific plan for the Waterfront area itself; c. Any amendment to the Zoning Ordinance for the Waterfront area including changes to the text and changes to the map of the Waterfront Area. d. The entry into any development agreement and/or any material amendment to a development agreement for the Waterfront Area. The meaning of the phrase "material amendment to a development agreement" shall be defined in the development agreement itself. A development agreement or an amendment to a development agreement shall be deemed "entered into" on the date that the election results approving the agreement or amendment are certified in the manner provided by the Elections Code. (Ord. No. 04-09) 20.12.080 Overlay Districts. A. General Purposes of Overlay Districts. Overlay districts are zoning districts established by the City to carry out specific purposes. Purposes may include objectives such as protection of watercourses or hillside sites, or permitting particular land uses under controlled circumstances. In fulfilling the purposes of any overlay district the City may apply a set of regulations that will be applicable in addition to the regulations for the base zoning district. Overlay districts may be established by the City without being actually delineated on the Zoning Map. B. Specific Purposes of Individual Overlay Districts.

1. Hillside Overlay District (:H): The Hillside Overlay District is intended to be applied in those portions of Albany Hill which are substantially developed with residential uses. The purpose of this District is to apply specific height regulations appropriate to the topographic characteristics of Albany Hill and to permit variations in required yards where appropriate. 2. Commercial Node Overlay District (:CN): The Commercial Node Overlay District is intended to be applied to limited areas for the purposes of: a. Intensifying retail, commercial and mixed use activities around major intersections; b. Reinforcing existing and developing concentrations of pedestrian-oriented uses; and

c. Defining the major commercial areas in Albany through distinctive design standards for specific locations. 3. Planned Residential/Commercial Overlay District (:PRC): The Planned Residential/Commercial Overlay District is intended to encourage mixed-use developments on large sites on San Pablo Avenue. Exclusively commercial development is also permitted. In either case, the ground floor frontage on San Pablo Avenue shall be commercial. 4. 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. 5. Residential-Commercial Transition Overlay District (:RCT): The Residential-Commercial Transition Overlay District is intended to be applied to portions of the San Pablo Commercial District where properties have frontage on Kains Avenue, for the purposes of: a. Allowing the limited expansion of commercial activity presently fronting on San Pablo Avenue, or facilitating the development of new uses fronting on San Pablo Avenue. b. Encouraging the development of mixed commercial and residential uses along San Pablo Avenue and extending through the depth of those blocks subject to limitations on nonresidential use on the Kains Avenue frontage. c. Establishing additional development standards for properties along Kains Avenue, in order to minimize the impact of any commercial or high-density residential activities within the Residential-Commercial Transition Overlay District upon the residential uses both adjacent to and across the street from such activities. 6. 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.

7. 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. (Ord. No. 04-09; Ord. No. 06-014 5) SECTION 20.16 LAND USE CLASSIFICATIONS 20.16.010 Purpose and Applicability. 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. (Ord. No. 04-09) 20.16.020 Residential Use Classifications. A. Residences.

1. Single-Family Dwelling. A freestanding structure arranged, designed, and intended to be occupied as not more than one (1) living unit. 2. Two-Family Dwellings. A structure that is a type of multifamily residential structure that contains two (2) dwelling units. 3. Multiple Family Dwelling. A structure that contains two (2) or more dwelling units. Types of multifamily dwellings include duplexes, townhouses, and apartment buildings. 4. 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. 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. Twenty-four (24) hour non-medical care for six (6) or fewer persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed for residential care by the State of California. (See subsection 20.20.020.C.1 for specific regulations applicable to this use.) 2. Large. Twenty-four (24) hour non-medical care for more than six (6) persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed for residential care by the State of California. (See subsection 20.20.020.C.2 for specific regulations applicable to this use.) E. Day Care Homes, Residential.

1. Small Family. A day care facility located in a single-family residence where an occupant of the residence provides care and supervision for eight (8) or fewer children, consistent with Section 1597.44 of the California Health and Safety Code. (See subsection 20.20.020.B.1 for specific regulations applicable to this use.) 2. Large Family. A day care facility located in a single-family residence where an occupant of the residence provides care and supervision for up to fourteen (14) children, consistent with Section 1597.465 of the California Health and Safety Code. (See subsection 20.20.020.B.2 for specific regulations applicable to this use.) F. Secondary Residential Unit. A separate dwelling unit that contains independent kitchen, sleeping and bathroom facilities which is located on a lot with a single-family house, and which is clearly subordinate to the single-family house. A kitchen facility shall be defined as a room or a portion of a room, designed or used for the purpose of preparing meals, or containing the necessary appliances. (See subsection 20.20.080 for specific regulations applicable to this use.) (Ord. No. 04-09) 20.16.030 Commercial Use Classifications.

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. automobiles or similar light vehicles.

Washing,

waxing,

or

cleaning

of

D. Bar. An establishment the primary function of which is to prepare and serve alcoholic beverages for onsite 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.) 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, scale-model 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. Dry Cleaner (Retail). A service business use in which clothes are deposited by a customer to be dry-cleaned 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. K. Financial Institutions. Establishments that provide retail banking, credit, and mortgage services to individuals and businesses. This classification includes businesses offering check-cashing facilities. L. 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, columbarium, mausoleums or mortuaries. M. 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. N. 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. O. 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.) P. 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. Q. 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. R. 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. S. 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. T. 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.

U. 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. V. 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. W. Pawn Shops. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property. X. 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 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. Y. 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. Z. 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). AA. 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. BB. Research and Development, Educational. Facilities engaged educationally-oriented industrial or scientific research and product development. in

CC. 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.) DD. 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. EE. 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. FF. 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 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.

GG. 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. HH. 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. II. Services, Catering. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption. JJ. 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. KK. Services, Massage. Establishments providing massage services or on-call massage services. (See subsection 20.20.050 for specific regulations applicable to this use.) LL. 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. (Ord. No. 04-09) 20.16.040 Industrial Use Classifications. 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. 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. 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. (Ord. No. 04-09) 20.16.050 Public and Quasi-Public Use Classifications. Outdoor Storage. Storage of vehicles or commercial goods in open

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. Reserved.

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. Park and Recreation Facilities. Noncommercial parks, playgrounds, recreation facilities, and open spaces. This classification includes community centers, boat launching ramps and marinas. H. 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. I. Public Maintenance Facilities. Facilities providing maintenance and repair services for vehicles and equipment and areas for storage of equipment and supplies for maintenance of public facilities and infrastructure. J. Religious Institutions. Facilities for religious worship and incidental religious education, but not including private schools. K. Schools, Public or Private. Facilities for kindergarten through twelfth (12 ) grade, or adult education, and private educational institutions.
th

L. Social Service Facilities. Establishments offering counseling and shortterm emergency services. Social service facilities include: 1. 2. 3. 4. Drug abuse center. Housing services. Neighborhood recovery centers. Social service agencies.

M. U.S. Post Office. Government retail postal service branch office that may or may not include mail carrier services. N. 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. O. 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. P. 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. (Ord. No. 04-09; Ord. No. 07-01 3; Ord. No. 2011-08 4)

20.16.060 Uses Not Classified. 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 XX, 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. (Ord. No. 04-09) SECTION 20.20 REGULATION OF SPECIFIC LAND USES 20.20.010 Bed and Breakfast. 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. Off-street Parking Requirements. One compliant off-street parking space for each bedroom available for transient occupancy shall be provided on the site of the bed and breakfast facility, in addition to the parking spaces required for the dwelling unit. If the property is deficient in off-street parking at the time of application for approval of a bed and breakfast facility, the Planning and Zoning Commission may

consider granting an exception under subsection 20.28.040 A. 3, as if the existing dwelling constituted a new residential unit. In no case may the off-street parking requirement for the transient occupancy be reduced. D. 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. E. 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. (Ord. No. 04-09) 20.20.020 Community Care Facilities (Child Care and Residential Care). 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. Two types of Family Day Care Homes are distinguished, pursuant to State regulations: Large Family Day Care Homes and Small Family Day Care Homes. Both types are located within family residences, under the operation of the residents thereof. 1. Small. State-licensed facilities for eight (8) or fewer children of less than eighteen (18) years of age are an accessory use of residentially zoned and occupied properties. Small Family Day Care Homes 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. 2. Large. State-licensed facilities that exceed the permitted occupancy of Small Family Day Care Homes may accommodate up to fourteen (14) children of less than eighteen (18) years of age, subject to approval of a Minor Use Permit. The following standards shall be applicable to Large Family Day Care Homes: a. Adjacent Residential Uses. No residential property shall be abutted on more than one (1) side by any combination of a large family day care home, a day care center, or a residential care home. b. Spacing of Facilities. No Large Family Day Care Home or day care center shall be permitted if any other licensed Large Family Day

Care Home or day care center is located within three hundred (300) feet of the lot subject to the application. c. Parking Requirement. Each Day Care Home shall have the number of parking spaces required for residential units, in compliance with subsection 20.28.030.A, and one (1) additional parking space for each person, or full-time equivalent, working at the facility, other than a person who resides at the home. One (1) additional space, which may be an on-street space, shall be available for the drop-off and pickup of the children to ensure that the children are not placed at risk and street traffic is not unduly interrupted. Where the home is located on a lot having less than twenty-two (22) feet of legally permitted on-street parking along the frontage, a drop-off space shall not be required. A driveway that meets the dimensional requirements of this Chapter may be utilized to meet any additional off-street parking spaces required for the use. Driveway-parking space(s) may be in tandem with spaces required for the residential unit. In evaluating the parking requirement for a large family day care home, the approving body shall consider the number of employees at the site, parking conditions in the neighborhood, and the cumulative effects of any previously-approved reductions in parking requirements for the site. d. Public Notice and Hearing. At least ten (10) calendar days prior to an administrative public hearing on a Minor Use Permit for a Large Family Day Care Home, notice of the proposed use and public hearing shall be mailed or delivered to owners of property within one hundred (100) feet of the exterior boundaries of the proposed day care home, as described in subsection 20.100.030.C. C. Residential Care Homes.

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 Homes shall not be considered as home occupations for permitting or licensing purposes. 2. Other. All licensed residential care facilities providing for more than six (6) residents shall be subject to approval of a Major Use Permit. a. Adjacent Residential Uses. No residential property shall be abutted on more than one (1) side by any combination of a large family day care home, a day care center or a residential care home. b. Spacing of Facilities. No residential care facility shall be permitted if any other licensed residential care facility is located within three hundred (300) feet of the lot subject to the application.

c. Parking Requirement. Each residential care facility for more than six (6) residents shall have the number of parking spaces required for residential units, in compliance with subsection 20.28.030.A, and one (1) additional parking space for each person, or full-time equivalent, working at the facility, other than a person who resides at the home. A driveway that meets the dimensional requirements of this Chapter may be utilized to meet additional off-street parking space requirements for the use. Driveway parking space(s) may be in tandem with spaces required for the residential unit. (Ord. No. 04-09; Ord. No. 09-011 4) 20.20.030 Drive-Through Uses. 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. (Ord. No. 04-09) 20.20.040 Home Occupations. A. Purpose. The regulations contained in this section are intended to prescribe conditions under which limited 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. Special Exemption. The Community Development Director or designee may exempt the following activities from obtaining a home occupation permit so long as these activities are low-impact uses within a residential neighborhood and are not detrimental to the residential character of the neighborhood: Providers of educational services, such as music teachers and tutors, consistent with the intent of peace and quiet in a residential neighborhood, with no more than two (2) students at any one time, to be operated by the resident only, with hours limited to between 8:00 a.m. and 9:00 p.m. If these criteria are not met, a home occupation permit shall be required subject to the findings and standards contained in this section. C. 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: 1. 2. 3. 4. Automobile repair; Barber shops and beauty parlors; Clinics and hospitals; also veterinarian clinics and hospitals; 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.

D. Findings. Applications for home occupations may be granted only if the Community Development Director or the Planning and Zoning Commission, whichever is applicable, makes the following findings: Findings: 1. The operation, conduct or maintenance of the home occupation shall not adversely affect the residential character of the neighborhood or the health, morals, comfort or safety of any person residing, working in or passing through the neighborhood or area in which the occupation is conducted. 2. The operation, conduct or maintenance of the occupation or business shall not be materially detrimental to the public welfare or injurious to property, improvements, or the values thereof in the area where the business is operated. E. Application for Home Occupation Permit. Applications for a home occupation shall be filed with the Planning and Zoning Commission Secretary on forms provided. Non-owner applicants shall present with the application a written approval of proposed home occupation by the owner of the residence. F. Administrative Home Occupation Permits. Each application for a home occupation shall be reviewed by the Community Development Director or a designated staff member. An initial inspection of the site of the home occupation shall be made. An Administrative Home Occupation permit may be granted by the Community Development Director in accordance with the findings required in subsection 20.20.040 D., and that the requested home occupation could be carried out in strict compliance with the following findings: Findings: 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. That existing garages that are required for off-street parking spaces shall not be modified or used so as to preclude the normal parking and storage of family vehicles.

4. 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. 5. The total area of the main residence structure and any accessory structure(s) used for the operation and conduct of the business will not exceed two hundred fifty (250) square feet or twenty-five (25%) percent of the total floor area of the residence, whichever is smaller. 6. No part of the conduct, maintenance, or operation of the business or the storage of materials or equipment therefor will be in open areas visible to the neighbors or public. 7. The conduct, operation or maintenance of the business or occupation will not require the use of curb parking for commercial vehicles larger than three-quarter (3/4) ton pick-up trucks. 8. The conduct, operation or maintenance of the business or occupation will not require more than two (2) delivery trips per day. 9. That no sign or advertising material of any description will be used on the exterior of the premises or so as to be visible from the exterior of the premises where said occupation is conducted; provided, however, that occupations which are specifically required to have signs or notices as provided by the statutes or acts of the State of California, now or hereafter to be enacted, may do so, provided that the sign or notice does not exceed one (1) square foot in size and that the sign or notice is attached directly to the surface of the residence building or placed in a window thereof. 10. The home occupation or business will not require or involve more than one (1) employee on the site; there will be no more than two (2) visits per day by customers, non-site employees, or other business affiliates. 11. The home occupation business will not involve the storage of any vehicle used in connection with the home occupation to be parked in other than off-street parking spaces. 12. More than one (1) home occupation may be permitted in a dwelling unit, provided that the aggregate uses do not exceed the maximum limitations stated in this Subsection. For home occupations, which are reviewed by the Community Development Director, the action shall be reported to the Planning and Zoning Commission based on a schedule to be determined by the Commission.

If the Community Development Director finds that an application may involve a significant policy or design issue or that there is significant public controversy, the application shall be referred to the Planning and Zoning Commission for hearing and action. G. Non-Administrative Home Occupation Permits. Any application for a home occupation found by the Community Development Director not to be in compliance with the requirements of subsection 20.20.040.F. shall be submitted to the Planning and Zoning Commission for determination under the Conditional Use Permit Procedures set forth in subsection 20.100.030. In acting on such applications, the Planning and Zoning Commission may waive or alter the requirements set forth in subsection 20.20.040.F. but must make the findings set forth in subsections 20.100.030.C. and 20.20.040.D. prior to granting approval of the home occupation. In granting any home occupation use permit, the Planning and Zoning Commission shall impose such conditions as deemed necessary to carry out the intent and purpose of this subsection. H. Business License Required. The home occupation or business shall, within ten (10) days after approval of the home occupation permit as herein provided for, 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. Possession of a State Board of Equalization resale permit indicating an address in a residential district shall be deemed constructive notice of the existence of a business, thus subjecting it to home occupation permit regulations. I. Enforcement. The Community Development Director or designee is hereby authorized and directed to enforce the provisions of all administrative and nonadministrative home occupation permits authorized by this section. Annual inspections may be made of each home occupation permit to insure compliance with the regulations established by this Chapter. In the event of complaints allegedly resulting from the conduct of a home occupation, the building official shall cause to be made an inspection to determine the validity of the complaint. (Ord. No. 04-09) 20.20.050 Massage Facilities. 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. (Ord. No. 04-09) 20.20.060 Outdoor Facilities. 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 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 Citys commercial areas. (Ord. No. 04-09) 20.20.070 Restaurants, Bars and Entertainment Facilities. 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. 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 shall require a major use permit in all districts where restaurants are permitted or conditionally permitted. 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 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 drivethrough uses stated in subsection 20.20.030. 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 51. C. 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. D. 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 511. E. 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. F. 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. (Ord. No. 04-09; Ord. No. 09-011 5) 20.20.080 Secondary Residential Units. A. Purpose. The Secondary Residential Unit Ordinance is intended to:

1. Foster and encourage the addition of small, more affordable housing units to the City's housing stock; 2. Provide means for homeowners to share their homes; and

3. Protect neighborhoods from the potentially detrimental effects of un-permitted secondary residential units. B. General Review Procedure for Secondary Units.

1. Secondary residential units are permitted only on properties located in the R-1 (Single Family Residential) zone and the R-1:H (Single Family Residential Hillside) zone. One (1) secondary residential unit may be created within an existing single-family house, or added to an existing single-family house, or built as a detached structure on a parcel with a single-family house. 2. All secondary residential units shall be subject to nondiscretionary, administrative review as described in subsection 20.100.020, Zoning Clearances. 3. Any exterior change to an existing dwelling, or any new structure, which may be necessary to accommodate a secondary residential unit, shall be required to comply with the standards for architectural compatibility listed in Paragraph C.3.f below, as part of the process of nondiscretionary, administrative review.

C. Regulations for Secondary Residential Units. All secondary residential units must comply with the following regulations. (The units refers to both the main unit and the secondary unit.) 1. Owner Occupancy. One (1) of the units shall be occupied by the owner of the property. 2. No Subdivision. The real property shall not be subdivided nor shall the primary dwelling and secondary unit be sold separately, partitioned, conveyed in the form of a tenancy-in-common, or otherwise transferred in a manner which conveys separate interests for the two units. 3. Development Standards.

a. Maximum Floor Area Ratio. The creation of a secondary unit shall not cause the allowable floor area ratio for the site to be exceeded, as calculated according to subsection 20.24.050.B. b. Minimum size. No secondary unit shall have a habitable space measuring less than the minimum permitted for efficiency dwelling units by the latest adopted editions, as modified by the State of California of the Uniform Building Code or the Uniform Housing Code, as applicable, or such other applicable code that may be adopted by the City of Albany in the future. c. Maximum Size. No secondary residential unit shall have a floor area greater than six hundred fifty (650) square feet, nor have more than one bedroom, regardless of how the unit is located on the site. A secondary unit shall be subordinate to the primary unit, and in no case shall the size of a secondary unit exceed the size of the primary unit on the same site. d. Location in Existing or Expanded Main Structure. The following development standards shall apply to secondary units that are created within an existing main structure or in an expanded main structure: 1) Any existing nonconforming setback, lot coverage, floor area ratio, height or other regulations of the R-1 and R-1:H Districts may continue, provided that the Community Development Director finds that the incorporation of a secondary unit into the existing building envelope, or as a modification to the existing envelope, will not increase the degree of nonconformity or cause such existing nonconformity to have an increased detrimental effect on abutting residential property.

2) Notwithstanding exceptions allowed in subsection 20.24.020.A, note 19, any addition to an existing main structure for the purpose of accommodating a secondary unit, or any portion of a secondary unit, shall conform to all setback, lot coverage, floor area ratio, height and other regulations of the R-1 and R-1:H Districts. e. Detached Structure. The following development standards shall apply to secondary units created in detached structures: 1) The setback from rear and side property lines shall meet or exceed the minimum side yard setback required for the lot. 2) Detached secondary units shall be at least six (6) feet from the main structure. 3) Detached secondary units shall not exceed the height limitations specified for accessory structures in subsection 20.24.130. 4) The total coverage of a detached secondary unit and any accessory buildings located to the rear of the main structure shall not exceed thirty (30%) percent of the area located between the main structure and the rear property line. f. Architectural Compatibility. The architectural design and materials of a secondary residential unit shall match or be visually compatible with that of the primary dwelling, including the following elements: 1) 2) 3) 4) 5) 6) 7) Architectural style. Siding material. Roof shape. Roofing material. Trim material and design. Window types. Window and sill detail.

D. Off-Street Parking Requirements. The Planning and Zoning Commission shall use the parking standards set forth in subsection 20.28.040.A.4. as a minimum

parking requirement for the second unit applications. All off-street parking spaces shall meet the specifications of subsection 20.28.050.A.1. (Off-Street Parking.) Finding: Where more than one parking space is required for a secondary unit, the Planning and Zoning Commission shall make a finding that: The requirement for more than one parking space for the secondary unit is directly related to the use of the secondary unit and is consistent with existing neighborhood standards applicable to existing dwellings, as described in subsection 20.28.040.A.4. E. Enforcement.

1. Agreement to Abide by Regulations. Prior to issuance of a building permit, the property owner obtaining the permit for a secondary residential unit shall provide to the Community Development Director evidence of recordation of a deed restriction with Alameda County, which shall contain the following statements: a. The two (2) units on the property may be maintained as separate family dwellings only when the legal owner of the property occupies one (1) of the units; b. The property containing the two (2) units will continue to be a single legal parcel, and will not be subdivided for any purpose, nor will the ownership of the units or property be converted to a tenancy in common. 2. Inspection Upon Sale of Single-Family Residence.

a. R-1 and R-1:H Districts. Prior to the recordation of any sale or transfer of any single-family residence in the R-1 and R-1:H zoning districts, the property owner or another party designated by the property owner, shall cause the property to be inspected by an independent, qualified inspector for the purpose of determining if a secondary residential unit exists on the property. The inspector(s) shall be approved by the Community Development Director to perform such inspections, based on criteria established by the Community Development Director. A report on such inspection shall be filed with the Community Development Director, who may initiate such action as may be appropriate to remedy any violation of this subsection. Upon determination that the property is in compliance with the provisions of this subsection, or that security has been provided to assure compliance by a date certain, the Community Development Director shall authorize the recordation of the transfer or sale.

b. Other Districts. Prior to the recordation of any sale or transfer of any single-family residence in a zoning district other than the R-1 and R-1:H districts, the property owner shall submit to the Community Development Director a notarized statement disclosing the number of dwelling units that exist on the property. 3. Continued Use. No secondary residential unit shall be permitted to be continued to be used as separate dwelling unit unless all requirements of subsection 20.04.080 are met. 4. Abatement. In cases where the above requirements cannot be met, the secondary dwelling unit shall be abated in accordance with the Albany Municipal Code. For the purpose of this section, any abatement process may require, but not be limited to, removal of the kitchen facility and the capping off of any utility lines associated with the kitchen facility. (Ord. No. 04-09) 20.20.090 Temporary and Seasonal Uses. 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 forty-eight (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. Farmers 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 twenty-one (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 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. 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. (Ord. No. 04-09) 20.20.100 Wireless Communication Facilities. A. Purpose and Intent. The purpose and intent of this section are to: Construction Yards On-Site. For the duration of a valid building

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. 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, according to a preferential ordering of zoning districts with an objective of minimizing the impacts of such facilities upon neighboring land 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, 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 a permit issued by the California Public Utilities Commission (CPUC) or the rules and regulations of the Federal Communications Commission (FCC) 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 installation 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 buildingmounted 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 buildingmounted citizens band radio antenna not exceeding thirty-five (35) feet above grade including any mast. d. Amateur Radio Antenna. A ground-mounted, buildingmounted 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. Pre-existing Citizens Band and Amateur Radio Antennas. All citizens band radio antennas and antennas operated by a Federally-licensed amateur radio operator as part of the Amateur Radio Service that existed at the time of adoption of this section. 4. Mobile Services. Mobile services providing public information coverage of news event of a temporary nature. 5. Hand-Held Devices. Hand-held devices such as cell phones, business-band mobile radios, hand-held amateur radios, family service band

radios, walkie-talkies, cordless telephones, garage door openers, and such other devices as the Community Development Director may find to be similar. 6. 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, except for those facilities designated in paragraph C. above to be exempt from City review, unless substantial technical evidence acceptable to the Planning and Zoning Commission is submitted showing a clear need for this facility and the infeasibility of locating it elsewhere. 2. Wireless communication facilities may be located within the following Districts, subject to approval of a use permit, with the findings required by subsection 20.20.100.F.5 of this Chapter. The following permitted Districts are listed in a descending order of preference for the location of wireless communication facilities, with the CMX District being the most preferred location: a. Commercial Mixed Use District (CMX).

b. Public Facilities District (PF), except on sites occupied by schools and parks. 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. The maximum achievable setback from any permitted child care facility or school; and b. The maximum achievable setback from any property line abutting a residential district. 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, provided that such distance may be reduced by the Planning and Zoning Commission based on a determination that the lesser distance will not have perceptibly greater noise impact or greater visual impact with respect to properties in the abutting residential district, and 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). E. Development Requirements and Standards.

1. Basic Development Requirements. The following basic development requirements shall be met by all new or modified wireless communication facilities. a. Applicable Goals, Objectives, and Policies of the Albany General Plan. b. Permit requirements of any agencies having jurisdiction over the project; c. Requirements established by the Albany Municipal Code;

d. Uniform Building Code, National Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, and Uniform Fire Code, where applicable; e. property; Applicable easements or similar restrictions on the subject

f. Applicable development standards or conditions of approval for those properties developed under a Planned Unit Development procedure; g. Applicable FCC rules, regulations, and standards;

h. All service providers shall cooperate in the locating of equipment and antennas to accommodate the maximum number of operators at a given site where feasible and aesthetically desirable. This will facilitate the co-location of wireless communication facilities. The project sponsor shall agree to allow future co-location of additional antennas and shall not enter into an exclusive lease for the use of the site; i. All equipment shall be situated or sufficiently buffered to minimize interference with the quiet enjoyment of adjacent properties;

j. All equipment, antennas, poles, or towers shall have a nonreflective finish and shall be painted or otherwise treated to minimize visual impacts; and k. All wireless communication facilities shall provide sufficient security measures and anti-climbing measures in the design of the facility to reduce the potential for damage, theft, trespass, and injury. 2. General 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 facilities and with other planned new facilities whenever feasible and aesthetically desirable to minimize overall visual impact. Service providers are encouraged to co-locate antennas with other facilities such as water tanks, light standards, and other utility structures where the co-location is found to minimize the overall visual impact; b. Where feasible and aesthetically desirable, the location of wireless communication facilities shall be encouraged to be located on City-owned or controlled property or right-of-way, with the exception of right-of-way within or abutting residential districts and school or park sites, in accordance with provisions for location by zoning districts stated in paragraph D. above. c. 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. d. Wireless communication facilities placed on vacant 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; e. All wireless communication facilities shall be screened in one of the following ways: 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. f. Where the Community Development Director finds that proposed wireless communication facilities have the potential to create a significant impact to the surrounding area or neighborhood, the Community Development Director may require an independent, thirdparty review, at the expense of the project sponsor, to identify potential impacts on the surrounding area, to confirm the radio frequency needs of the project sponsor and to identify potential alternative solutions; g. All wireless communication facilities shall be designed, located and operated to avoid interference with the quiet enjoyment of abutting residential properties, and at a minimum shall be subject to the City-adopted noise standards contained in Section 8-1 of the Albany Municipal Code. Where the Community Development Director finds that noise associated with such facilities may have a detrimental effect at a location off the site, the Director may require an independent acoustic analysis, at the expense of the project sponsor, to identify appropriate mitigation measures. Failure to institute any such required measures, or 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. h. 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 is located, as provided by subsection 20.24.080.B, and shall be subject to applicable daylight plane restrictions. i. For properties developed under a Planned Unit Development procedure, the maximum height for a proposed wireless communication facility shall be determined by the Planning and Zoning Commission who shall consider the maximum approved heights for buildings in the area and adjacent to the subject parcel;

j. 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; k. Any equipment shelter shall be designed to be architecturally compatible with existing structures on the site or found in the area; and l. 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. 3. Development Standards for Building and Roof-Mounted Antennas. In addition to all other applicable development standards, wireless communication facilities proposed to be mounted on or attached to existing or proposed buildings shall comply with the following: a. Building-mounted antennas and any ancillary equipment shall be in scale and architecturally integrated with the building design in such a manner as to be visually unobtrusive. Screening may include designs such as locating the facility within attics, steeples, towers, behind and below parapets, or concealed within a new architectural addition to a building or structure which is architecturally compatible with the building; b. When antennas or other equipment are viewed directly against a building wall, colors and materials of the equipment shall be painted or otherwise treated to match the exterior of the building; c. Roof-mounted equipment and antennas shall be located as far away as feasible from the edge of the building; and d. Antennas mounted on such structures as utility poles, light standards or flagpoles shall be placed on the structure in a way to reduce visibility, and shall be painted to blend into the structure. 4. Additional Development Standards for Monopoles. In addition to all other applicable development standards, monopoles shall comply with the following: a. The project sponsor shall demonstrate that the proposed facility cannot be placed on an existing building or co-located on an existing monopole or other tower. Where the Community Development Director finds that such demonstration has not been made, the Community Development Director may require an independent, third-party review, at the expense of the project sponsor, to identify the obstacles to co-location or building placement, to confirm the electromagnetic frequency needs of the project sponsor, and to identify alternative solutions;

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, as provided by subsection 20.24.080.B, and shall be subject to applicable daylight plane restrictions. 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. 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, 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 by this Chapter, a Building Permit shall be required for all wireless communication facilities. 2. Permit Fees: Fees for permits, including permits for all modifications, shall be listed in the City's Master Fee Schedule. 3. Notice Requirements. Public notice shall be provided for any public hearings on applications or appeals, pursuant to procedures stated in Section 20.100.010. 4. Application Submittal.

a. General Submittal Requirements. Applications for minor or major use permits and design review of wireless communication facilities shall be submitted and processed in accordance with the Common Procedures stated in subsection 20.100.010. The applicant shall provide project information and plans as required by forms and checklists established by the Community Development Director. The Community Development Director may establish and maintain a list of additional information that must accompany each application for a wireless communications facility. Said information may include but need not be limited to the additional submittal requirements listed in paragraph b. below. Any required study or report, performed at the request of the City or by engineers or experts retained by the City, shall be at the expense of the applicant. All applications for approval of wireless communication facilities shall include, at a minimum, the items listed below: 1) Identification of the proposed operator of the facility, if a different entity from the applicant, and the identification of and

contact information for the person to whom communications from the City should be delivered. 2) Site plan for the location of the facility, drawn to scale, showing all existing and proposed features, in compliance with the checklist submittal requirements as established by the Community Development Director. 3) Plans and elevations, drawn to scale, for faade- or roof-mounted antennas, including plans and elevations of the existing building. (See paragraph F.4.c. below for specific requirements for new towers and modifications to towers.) 4) Floor Plans, elevations and cross sections of any proposed communications equipment shelter or other appurtenant structure at a scale of no smaller than 1/4" = 1' (1:48) with representation of all exterior materials. 5) Description of proposed approach for screening all facilities from public view including plans for installation and maintenance of landscaping, sample exterior materials and colors. Where applicable, a plan showing existing surrounding landscaping, proposed landscaping, a landscape protection plan for construction, and a maintenance plan including an irrigation plan. 6) Description of the number, manufacturer, model number and type, catalog number, power output, frequency range, and dimensions of antennas, equipment cabinets, and related wireless communication facilities proposed to be installed. 7) A narrative description and map showing the coverage area of the provider's existing facilities and the proposed coverage area of the specific site that is the subject of the application. 8) Technical information explaining the reasons why a permit is being sought (for example, whether a new antenna is necessary to accommodate increased demand or to fill a "dead zone" in the provider's coverage area), why the subject site is considered necessary to accomplish the provider's coverage objectives, and why the proposed site is the most appropriate location under existing circumstances. The explanation shall address the following as appropriate to the proposed location: a) An applicant seeking to locate a wireless communication facility on a public facilities site must explain why that location within the Public Facilities (PF) district is

for the provision of wireless service that cannot be achieved by locating a facility in the Commercial Mixed Use (CMX) district. b) An applicant seeking to locate a wireless communication facility in the San Pablo Commercial (SPC) district or the Solano Commercial (SC) district must explain why that location within the SPC zone or the SC zone is necessary for the provision of wireless service that cannot be achieved by locating a facility in the CMX or PF zones. 9) A visual analysis to assess the effects on views from public areas and from private residences, and address cumulative impacts of the proposed facility and other existing and foreseeable wireless communications facilities. As required by the Community Development Director, the analysis may utilize a photomontage, field mock-up or other techniques. The analysis shall include feasible mitigations for any effects identified. 10) If co-location is not proposed and sites available for colocation exist, the applicant shall provide information pertaining to the feasibility of joint-use antennas facilities, and discuss the reasons why such joint use is not a viable option or alternative to a new facility site. Such information shall include: a) Whether it is feasible to locate proposed sites where facilities currently exist; b) Information on the existing structure that is closest to the site of the applicant's proposed facility relative to the existing structure's structural capacity, radio frequency interface, or incompatibility of different technologies, which would include mechanical or electrical incompatibilities; and c) Written notification of refusal of the existing structure owner to lease space on the structure. b. Additional Submittal Requirements. The Community Development Director shall have the authority to require additional information, including but not limited to the following: 1) A report by an approved radio frequency engineer or licensed electrical engineer specializing in radio frequency radiation (RFR) studies (hereinafter, "an approved engineer"), retained by the City, verifying that the site is necessary for the purpose stated in the provider's explanation of reasons for seeking

the permit. If deemed necessary by the engineer, such information shall include documentation of any facility sites, in Albany and abutting jurisdictions, in which the provider has a legal or equitable interest, whether by ownership, leasehold or otherwise. For each such facility site identified by the engineer, at the request of the engineer, the provider shall demonstrate that these sites are not already providing wireless coverage in the city of Albany. 2) An Alternatives Analysis, either submitted by the applicant and subject to independent engineering review by the City, or obtained by the City from its retained engineer, which shall at a minimum: a) Identify and indicate on a map, at a minimum, two (2) viable technically feasible, and potentially environmentally equivalent or superior alternative locations outside the prohibited and restricted areas which could eliminate or substantially reduce the need to locate in a restricted area. If there are fewer than two (2) such alternative locations, the applicant must provide evidence establishing that fact. The map shall also identify all locations where an unimpaired signal can be received to eliminate or substantially reduce the need for such a location. Where appropriate the applicant shall be required to evaluate the potential use of one (1) or more microcell sites (i.e., smaller facilities often mounted upon existing or replacement utility poles), and the use of repeaters in lieu of the proposed facility. Radial plots of all repeaters or other alternative facilities considered for use in conjunction with these facility sites shall be provided as part of the alternatives analysis. For each alternative location so identified, the applicant shall describe the type of facility and design measures that could be used at that location so as to minimize negative impacts (e.g., the use of stealth camouflaging techniques). b) Evaluate the potential for co-location with existing wireless communication facilities as an alternative to the proposed facility. c) Evaluate the potential for use of inter-carrier roaming agreements as an alternative. d) Compare, across the same set of evaluation criteria and to similar levels of description and detail, the relative merits of the proposed site with those of each of the identified technically feasible alternative locations and

facility designs, and all technically feasible inter-carrier roaming agreements. Such comparison analysis shall rank each of the alternatives (i.e., the proposed location/facility and each of the technically feasible location/design alternatives) in terms of impacts (i.e., from least to most environmentally damaging), and shall support such ranking with clear analysis and evidence. e) Include photo-simulations of each of the alternatives (i.e., the proposed location/facility and each of the technically feasible location/design alternatives). f) Document good faith and diligent attempts to rent, lease, purchase or otherwise obtain the use of at least two (2) of the viable, technically feasible alternative sites which may be environmentally equivalent or superior to the proposed project site. The decision-making body may determine that an alternative site is not viable if good faith attempts to rent, lease, purchase or otherwise obtain the site have been unsuccessful. c. Specific Submittal Requirements for Towers. All applications for new tower construction, or major modification of an existing tower shall include: 1) A written, irrevocable commitment by the proposed operator, valid for the duration of the existence of the tower, to rent or lease available space for co-location on the tower at fair-market prices and terms to other personal wireless service providers without discrimination. 2) A professional structural engineer's written description of the proposed tower structure and its capacity to support additional antennas or other communications facilities at different heights and the ability of the tower to be shortened if future communications facilities no longer require the original height. 3) A description of available space on the tower, providing illustrations and examples of the type and number of wireless communication facilities that could be mounted on the structure. d. 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. 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 by subsection 20.100.030.
(1)

2) The establishment or expansion of the facility demonstrates a reasonable attempt to minimize stand-alone facilities, is designed to protect the visual quality of the City, and will not have an undue adverse impact on historic resources, scenic views, or other natural or man-made resources. 3) All applicable Development Standards in subsection 20.20.100.E. above have been met; or: Finding for an exception to the Development Standards: Strict compliance would not provide for adequate radio-frequency signal reception and that no other alternative solutions which would meet the Development Standards are feasible. 4) The placement, construction, or modification of a wireless telecommunications facility in the proposed location is necessary for the provision of wireless communication services to Albany residents and businesses, or their owners, customers, guests, or invitees, or other persons traveling in or about the City. b. Findings required, in addition to those in paragraph a. above, for specific situations: 1) Finding for establishment of a satellite dish or parabolic antenna exceeding thirty-nine (39) inches in diameter: A smaller or different antenna cannot feasibly accomplish the provider's technical objectives and that the facility will not be readily visible. 2) Findings for the establishment of a wireless communications facility that is not co-located with other existing or proposed facilities or a new freestanding pole or tower (at least one (1) finding required):

a)

Co-location is not feasible;

b) Co-location would have more significant adverse effects on views or other environmental consideration; c) owner; Co-location is not permitted by the property

d) Co-location would impair the quality of service to the existing facility; e) Co-location would require existing facilities at the same location to go off-line for a significant period of time; or 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 that includes any one (1) or combination of the following elements: 1) height, A freestanding tower in excess of ten (10) feet in

2) One (1) or more buildings or enclosures larger in the aggregate than three hundred (300) square feet; 3) size; or More than three (3) antennas or satellite dishes of any

4) Any satellite dish larger than twenty-four (24) inches in diameter. b. No use permit shall become effective until such agreement has been executed. Said agreement shall bind the operator, the property owner, and all successor parties 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 permitee 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. c. The Community Development Director shall develop a standard form for such agreement which shall include the provisions of this paragraph and other provisions which shall include, but not be limited to authorization for City agents to enter the property, and establishment of liability of the applicant for any pollution resulting from the facility. 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 conditions of approval subject to enforcement pursuant to provisions of this Chapter. 1. After the granting of a use permit but before an approved facility begins transmission, the applicant shall pay for an independent consultant, hired by the City, to monitor the background levels of radio-frequency radiation around the facility site and/or any repeater locations to be utilized in connection with such facilities. The independent consultant shall use the Monitoring Protocol (See definition, Section 20.08). A report of the monitoring results shall be prepared by the independent consultant and submitted to the Community Development Director. 2. Any major modification of the existing facility, or the activation of any additional permitted channels, shall require new monitoring. 3. 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. 4. 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 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. 5. The owner or operator of a wireless communication facility shall be responsible for maintaining landscaping in accordance with the approved landscape plan and for replacing any damaged or dead trees, 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. 6. Each wireless communication facility shall be operated in a manner that will minimize noise impacts to surrounding residents and persons using nearby parks, trails, and similar recreation areas. Except for emergency repairs, testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of 8:00 a.m. and 7:00 p.m. on Monday through Friday, excluding holidays. All air conditioning units and any other equipment that may emit noise that would be audible from beyond the property line shall be enclosed or equipped with noise attenuation devices. Backup generators shall only be operated during periods of power outages or for testing. At no time shall equipment noise from any source exceed the standards specified in the Albany Municipal Code. 7. All wireless communication facilities providing service to the government or the general public shall be designed to meet the following requirements: a. The exterior walls and roof covering of all aboveground equipment shelters and cabinets shall be constructed of materials rated as nonflammable in the Uniform Building Code. b. All structures shall meet wind load standards as specified by the Uniform Building Code. c. Openings in all aboveground equipment shelters and cabinets shall be protected against penetration by fire and windblown embers to the extent feasible. d. Material used as supports for antennas shall be fire resistant, termite proof, and subject to all applicable requirements of the Uniform Building Code. e. Wireless communication antenna towers shall be designed to withstand forces expected during earthquakes to the extent feasible. Building-mounted facilities shall be anchored so that a quake does not dislodge them or tip them over. All equipment mounting racks and

attached equipment shall be anchored so that a quake would not tip them over, throw equipment off its shelves, or otherwise damage equipment. f. All connections between various components of the wireless communications facility and necessary power and telephone lines shall, to the extent feasible, be protected against damage by fire, flooding, and earthquake. Reasonable measures shall be taken to keep wireless communication facilities in operation in the event of a natural disaster. 8. Vehicle and personnel access to sites for maintenance and repairs shall not be from residential streets or adjacent residential properties to the maximum extent possible. H. Certification of Facilities.

1. No wireless communications facility or combination of facilities shall at any time produce power densities that exceed the FCC's limits for radiofrequency strength and power density for transmitters. In order to ensure continuing compliance with all applicable emission standards, all wireless communications facilities shall be reviewed by an approved engineer in accord with the schedule and procedures set forth below. All reasonable costs of such inspections shall be borne by the owner or operator of the facility. The City may require, at the operator's expense, independent verification of the results of any analysis. If an operator of a communications facility fails to supply the required reports or fails to correct a violation of the Federal Communications Commission standard following notification, the Use Permit is subject to modification or revocation by the Planning and Zoning Commission following a public hearing. a. Within forty-five (45) days of initial operation or modification of a communications facility, the operator of each communications antenna shall submit to the Community Development Director written certification by an approved engineer that the facility's radio frequency emissions are in compliance with the approved application and any required conditions. The engineer shall measure the radio-frequency radiation of the approved facility and determine if it meets the FCC requirements. A report of these measurements and the engineer's findings with respect to compliance with the FCC's radio-frequency limits shall be submitted to the Community Development Director. If the report shows that the facility does not comply with applicable FCC requirements, the owner or operator shall cease operation of the facility until the facility complies with, or has been modified to comply with, this standard. Proof of compliance shall be a certification provided by the engineer who prepared the original report. In order to assure the objectivity of the analysis, the City may require, at the applicant's expense, independent verification of the results of the analysis.

b. Once every two (2) years, the City shall retain, 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. c. The City shall require inspection of tower and antenna structural integrity by a structural engineer following significant storms and seismic events, within thirty (30) days of such events, at applicant's cost. d. In the event of a change in the FCC's limits for radiofrequency strength and power density for transmitters, the operator of each wireless communications facility shall be required to submit to the Community Development Director written certification by an approved engineer of compliance with applicable FCC radio-frequency standards or of any modification of the facility requiring a new submission to the FCC to determine compliance with emission standards. If calculated levels exceed fifty (50%) percent of the FCC's limits, the operator of the facility shall hire an approved engineer to measure the actual exposure levels. If calculated or measured levels are not in compliance with the FCC's limit, the operator shall cease operation of the facility until the facility is brought into compliance with the FCC's standards and all other applicable requirements. A report of these calculations, required measurements, if any, and the engineer's findings with respect to compliance with the current FCC limits shall be submitted to the Community Development Director. e. 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 radio-frequency standards, he/she may require the operator to submit written certification that the facility is in compliance with such FCC standards. 2. The owner or operator of any wireless communication facility that was approved by the City before the effective date of this Chapter shall submit within six (6) months from the date of notification, to the Community Development Director, written certification by an approved engineer that the facility's radio-frequency emissions are in compliance with the approved application and any required conditions. The engineer shall measure the radiofrequency radiation of the approved facility and determine if it meets the FCC requirements. If the report shows that the facility does not comply with applicable FCC requirements, the owner or operator shall cease operation of the facility until the facility is brought into compliance. In order to assure the objectivity of the

analysis, the City may require, at the applicant's expense, independent verification of the results of the analysis. 3. Any facility that was approved by the City prior to the effective date of this Chapter and which does not comply with this Chapter on the date of its adoption shall be considered a lawful nonconforming use provided that the owner or operator submits the information required in paragraph 2. above. A lawful nonconforming wireless communication service facility shall be subject to the requirements of Section 20.44 except to the extent that they are modified herein. 4. Failure to submit the information required in this 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. I. Duration, Revocation and Discontinuance. 1. Duration of Permits and Approvals.

a. An approved use permit for a wireless communication facility must be activated within one (1) year from the date of final approval. If not activated within one (1) year from the date of final approval, the permit shall be deemed expired, as provided in subsection 20.100.010.K.1. b. Once activated, all permit approvals for wireless communication facilities shall be valid for an initial maximum period of up to ten (10) years, or as specified by the approving body. c. Permit approvals may be administratively extended without a public hearing for subsequent five (5)-year terms(s) by the Community Development Director upon verification of continued compliance with the findings and conditions of approval under which the application was originally approved, as well as any other provisions provided for in the Municipal Code, and Federal and State regulations which are in effect at the time of permit renewal. d. In the event that the Community Development Director finds that the applicant has not maintained the facility in compliance with all applicable code requirements, conditions of approval and provisions of the maintenance agreement, the Director may initiate a revocation procedure as provided by subsection 20.100.010.M.

e. Costs associated with the process of verification of compliance and extension or revocation of approval shall be borne by the permit holder. 2. Discontinuance of Use. All equipment and improvements associated with a wireless communication facility shall be removed within thirty (30) days of the discontinuation of the use and the site shall be restored to its original, pre-construction condition, or as approved by the Community Development Director. For facilities located on City property, this removal requirement shall be included within the terms of the lease. For facilities located on private sites, the terms of private leases shall also require equipment removal as a provision of the lease. Written verification of the removal of wireless communication facilities on private property shall be provided to the Community Development Director within thirty (30) days of the discontinuation of the use. a. 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. b. Failure to inform the Community Development Director of cessation of operations of any existing facility shall constitute a violation of the Zoning Ordinance and be grounds for: 1) 2) Prosecution; Revocation or modification of the permit;

3) Calling of any bond or other assurance secured by the operator pursuant to the requirements of this Chapter; and/or 4) Removal of the facilities.

3. Existing Uses. All equipment and improvements associated with a wireless communications facility permitted as of the date of passage of this Chapter shall be allowed to continue as they presently exist, but will be considered legal nonconforming uses insofar as they do not comply with standards stated in this subsection. Routine maintenance shall be permitted on existing, operational equipment and facilities. 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. (Ord. No. 05-02 1) 20.20.110 Medical Marijuana Dispensaries.

A. Purpose and Intent. The purpose of this subsection is to promote the public health, safety and welfare by: 1. Prohibiting medical marijuana dispensaries and cultivation sites from locating in the City of Albany. 2. Protecting citizens from the secondary impacts and effects associated with unregulated and unpermitted medical marijuana dispensaries and related activities, including, but not limited to, loitering, increased pedestrian and vehicular traffic, increased noise, fraud in obtaining or using medical marijuana identification cards, sales of medical marijuana 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: Cultivation Site means any facility, establishment, location, or business, indoors or outdoors, that independently or collectively, grows or stores marijuana, in excess of the limitations set forth in Health and Safety Code Section 11362.7 et seq. 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 marijuana, and identifies the person's designated primary caregiver, if any.

Marijuana shall have the same definition as given such term in California Health and Safety Code Section 11018, as may be amended, and which defines "Marijuana" as all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It 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. "Marijuana" includes any of the above parts of the plant, its seeds, or resin, incorporated or infused in foodstuff. Medical Marijuana means marijuana authorized in strict compliance and used or cultivated for medical purposes in accordance with California Health and Safety Code Sections 11362.5, or 11362.7 et seq., or any such section as may be amended. Medical Marijuana Dispensary or 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 marijuana 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 healthcare 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 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. 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 marijuana 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. C. Medical Marijuana Dispensary Prohibited.

1. No person or entity shall operate or permit to be operated a medical marijuana dispensary or 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 marijuana dispensary or 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 marijuana dispensary or cultivation site, or to participate as an employee, contractor, agent, or volunteer, or in any other manner or capacity, in any medical marijuana dispensary or 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 marijuana dispensary or cultivation site in the City. 3. Nothing in this section 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 marijuana in accordance with Health and Safety Code Section 11362.71. D. Establishment, Maintenance, or Operation of Medical Marijuana Dispensaries Declared a Public Nuisance. The establishment, maintenance, operation, facilitation, of, or participation in a medical marijuana dispensary or 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 investigation, attorney's fees, and any other relief available in law or in equity. E. Existing Medical Marijuana Dispensary Operations and Pending Applications.

1. No medical marijuana dispensary, cultivation site, collective, operator, establishment, or provider that existed prior to the enactment of this subsection shall be deemed to be a legally established use or a legal nonconforming use under the provisions of this subsection or the Code. 2. Existing use permit applications which have been filed with the City of Albany prior to the enactment of this subsection but have not been deemed complete pursuant to the rescinded Code subsection 20.20.110G of the Albany Municipal Code will be subject to the new provisions of "medical marijuana dispensaries" as established by Ordinance No. 2011-08 of the Albany Municipal Code. 3. The provisions of this subsection 20.20.110 enacting a ban shall apply, to the fullest extent under the law, to any applications that have been defined by previous action of the City. F. 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. G. 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. (Ord. No. 07-01 4; Ord. No. 2011-08 5) 20.20.120 Tobacco Retail Sales. 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) 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 minors. 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 youthoriented 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. (Ord. No. 09-03 4) 20.20.130 Entertainment Permit. 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 Section 5-11. (Ord. No. 09-011 5) SECTION 20.24 DEVELOPMENT REGULATIONS 20.24.010 Purpose. 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. (Ord. No. 04-09) 20.24.020 Tables of Site Regulations by Districts. A. Site Regulations by District Residential: Table 2. A.

Table 2. A. prescribes development regulations for the various residential zoning districts. Click Here for Table 2A B. Site Regulations by District Nonresidential: Table 2. B.

Table 2. B. prescribes development regulations for the various, commercial, public and waterfront zoning districts. Click Here for Table 2B (Ord. No. 04-09; Ord. No. 09-011 69)

20.24.030 Overlay District Regulations. 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 Assessors 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 any Commercial Node Overlay District 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 faade at a street intersection. b. Massing. Buildings on parcels located on street corners in designated nodes shall be marked by tower elements to distinguish the node from the rest of the street and to mark entrances. Overall massing shall emphasize the vertical dimensions of the building, as a means of balancing the horizontal effect of the width of the street. All buildings shall have a base and cap. c. Articulation. Buildings shall be articulated through such features as projecting or recessed windows and entries, and variations in rooflines. d. Rhythm. Street facades at the ground floor level shall be divided by architectural details into bays. e. Signs. Signs shall be either attached to the walls or printed onto awnings, and be proportional to the size of the building. Internally illuminated signs shall be composed of individual channel letters, as opposed to can signs enclosing copy on an illuminated sheet surface. f. Parking. On-site parking facilities shall be located to the rear or side of the building or enclosed in a structure, above or below ground. g. Service areas. All service areas shall be enclosed or otherwise architecturally concealed from the street. D. Planned Residential/Commercial Overlay District (:PRC). The following additional standards shall apply to development of those properties that are designated by the General Plan as Planned Residential/Commercial, located within the San Pablo Commercial (SPC) District: 1. Development of sites within this overlay district shall be subject to procedures and requirements of subsection 20.100.060, Planned Unit Development. 2. Setback and daylight plane regulations stated in paragraph 20.24.070.B.1 shall apply to structures fronting on Adams Street. 3. Specific standards applicable to development of property frontage on Adams Street, in the San Pablo Commercial (SPC) District:

a. Orientation. No nonresidential use shall face toward, or have either a public entrance or a delivery entrance from Adams Street. b. Access. Access drives from Adams Street shall be limited to serving residential uses only. Any driveway connecting to a nonresidential use shall be controlled to prevent access between the nonresidential use and Adams Street, except for emergency purposes. c. Setback, building. The minimum setback for a building shall be fifteen (15) feet from Adams Street, with an additional setback for any portion of a structure extending above twenty-eight (28) feet in height. (See subsection 20.24.070.B.1). d. Setback, parking. Open parking lots shall be set back a minimum of ten (10) feet from a property line along Adams Street, unless the Planning and Zoning Commission, through a use permit procedure, determines that the intent of the setback can be achieved with a lesser setback mitigated by more intense landscaping than would otherwise be required. e. Landscaping, setbacks. Required setbacks from the street shall be landscaped with turf or low ground-cover to establish a residential character for the frontage. f. Landscaping, parking. Open parking areas shall be landscaped as required by subsections 20.24.110.F.2. and 3. g. Screening, parking areas. Open parking areas abutting Adams Street shall be screened as required by subsection 20.24.110.F.1.b. h. Screening, structures with internal parking. Where openings in walls that face Adams Street allow a view of internal parking areas, such openings shall be screened by vegetation or other materials for purposes of obscuring views of the interior from neighboring properties, and reducing glare from interior lighting. i. Screening, storage. Open areas for storage of goods or refuse shall be screened from view from the street as required by subsections 20.24.110.D. and E. j. Screening and landscaping, loading areas. Loading areas shall be screened and landscaped as required by subsection 20.24.110.G. k. Signage. No signs shall be permitted to be visible from Adams Street, except for directional signs and other signs that are allowed without permits by Section 20.32.

l. Street trees. Street trees shall be required, of species, size and spacing to meet City street tree standards. E. 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. Professional offices, clinics, medical centers, and uses which in the opinion of the Planning Commission are of a similar nature. 2.
Uses Min Lot Area 5,000 sq. ft.

Specific :P District Regulations.

Max. Ht. Min Lot Width 50 ft. Max. Lot Coverage (1) 70% Minimum Yards (1) Front 15 ft. Rear 10 ft. (1) Side, Corner 5 ft. (2) Side, Interior 5 ft.

See a. above

Same as underlying district

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. F. Residential-Commercial Transition Overlay District (:RCT). The following additional standards shall apply to development of property frontage on Kains Avenue, within the San Pablo Commercial (SPC) District: 1. Orientation. No nonresidential use shall face toward, or have either a public entrance or a delivery entrance from, Kains Avenue. 2. Access. Access drives from Kains Avenue shall be limited to serving residential uses only. Any driveway connecting to a nonresidential use shall be controlled to prevent access between the nonresidential use and Kains Avenue, except for emergency purposes. 3. Setback, Building. The minimum setback for a building shall be fifteen (15) feet from Kains Avenue, with an additional setback for any portion of a structure extending above twenty-eight (28) feet in height. (See subsection 20.24.070.B.1).

4. Setback, Parking. Open parking lots shall be set back a minimum of ten (10) feet from a property line along Kains Avenue, unless the Planning and Zoning Commission, through a use permit procedure, determines that the intent of the setback can be achieved with a lesser setback mitigated by more intense landscaping than would otherwise be required. 5. Landscaping, Setbacks. Required setbacks from the street shall be landscaped with turf or low ground-cover to establish a residential character for the frontage. 6. Landscaping, Parking. Open parking areas shall be landscaped as required by subsections 20.24.110.F., 2. and 3. 7. Screening, Parking Areas. Open parking areas abutting Kains Avenue shall be screened as required by subsection 20.24.110.F.1.b. 8. Screening, Structures with Internal Parking. Where openings in walls that face Adams Street allow a view of internal parking areas, such openings shall be screened by vegetation or other materials for purposes of obscuring views of the interior from neighboring properties, and reducing glare from interior lighting. 9. Screening, Storage. Open areas for storage of goods or refuse shall be screened from view from the street as required by subsections 20.24.110.D. and E. 10. Screening and Landscaping, Loading Areas. Loading areas shall be screened and landscaped as required by subsection 20.24.110.G. 11. Signage. No signs shall be permitted to be visible from Kains Avenue, except for directional signs and other signs that are allowed without permits by Section 20.32. 12. Street Trees. Street trees shall be required, of species, size and spacing to meet City street tree standards. G. Watercourse Overlay District (:WC).

1. Structures shall not be located closer then twenty (20) feet from the top of the natural creek bank. This requirement may be reduced upon the granting of a use permit pursuant to the procedures in subsection 20.100.030. 2. In granting a use permit in the :WC District, the Planning and Zoning Commission shall consider requiring measures to preserve and restore the creek area, especially for multifamily dwellings, and commercial and industrial development; the Commission shall also consider making other requirements as

necessary to prevent abuse of the creeks or alleviate problems which could be caused downstream. The Planning Commission shall consider the recommendations of the Albany Creek Restoration Report in making their determinations. 3. New construction or substantial improvement of structures located in flood-prone areas shall follow the regulations contained in Section 20.52.

H.

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. (Ord. No. 04-09; Ord. No. 06-014 6) 20.24.040 Hillside Residential Regulations. A. Purpose and Applicability. This subsection provides development regulations that shall be applicable to the Residential Hillside Development District (RHD) in addition to those regulations stated in the Table of Site Regulations by District (subsection 20.24.020.A.). The RHD District is applicable in the area included in the Albany Hill Area Specific Plan adopted by the City Council on January 23, 1978. These RHD District regulations are intended to insure that precautions are taken to maintain cultural resources, prevent the excessive removal of vegetation, to insure the enforcement of adequate grading controls to prevent erosion. Additionally, these regulations seek to insure aesthetic development compatible both with existing development and the public and private open space areas on Albany Hill. B. Single-Family Residential Development on Less Than Two (2) Acres.

1. Lot Size, Lot Width, Density, Setbacks, Coverage, and Floor Area Ratio. Refer to Table of Site Regulations by District (subsection 20.24.020.A.). a. Increase of Density. The permitted density in subsection 20.24.020 may only be increased by a vote of the electorate of the City of Albany. (Measure K, effective date 6/7/94)
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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.
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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. 6. Curb Cut Width. Curb cuts for a single family residence shall not exceed twenty (20) feet in width along the adjacent street frontage. 7. Parking. Each single-family residence shall provide two (2) offstreet parking spaces. 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.
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3. Standards for Single-Family Development. The development standards contained within subsection 20.24.040.B. above, shall be considered to be the minimum standards required for development of a single-family planned unit development. Modified development standards may be approved if deemed appropriate by the Planning and Zoning Commission and City Council. 4. Transfer of Density. Upon review of a Planned Unit Development application, the Planning and Zoning Commission and/or City Council may permit the transfer of density within a development site to another portion of the subject site upon making a finding that the density transfer is necessary to accomplish the purposes of this Chapter. D. Slope Density Restrictions. Land having an average slope measuring less than thirty (30%) percent may be considered for the maximum development density established by Measure K or any amendment thereto, subject to substantial compliance with the design standards contained herein. Land having an average slope between thirty (30%) percent and forty (40%) percent shall be considered for development at a maximum of fifty (50%) percent of the density permitted by Measure K 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.
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Average slope shall be measured by utilizing the following formula: S = .00229 IL A S I L A 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) = Average cross slope of the ground in percent = Contour interval in feet = Combined length of all contours (in feet) = Area of the parcel in acres

E. Natural Topographic Features. Any portion of a proposed residential development site which exceeds forty (40%) percent average slope or with existing topographical features such as ridgelines, cliffs, deep ravines, native tree cover or a significant biotic habitat shall not be considered as lot area for purposes of the calculating density. Any area so excluded shall also be precluded from any further residential development by designation as a private or public open space, scenic easement, and dedication of development rights in perpetuity or other appropriate method. F. Performance Standards. The performance standards contained herein are applicable to all development in the RHD District and are the minimum necessary to insure that the intent and purpose of this Chapter are accomplished. 1. Grading. All grading in the RHD District requires approval of a grading permit by the Community Development Department. Streets, buildings and other manmade 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 twentyeight (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. Click Here for Diagram
(6) (a) (2) MEASUREMENT OF HEIGHT: RHD DISTRICT

4. Landscaping/Fencing/Walls. Landscaping of areas around structures shall provide a smooth transition and blend into the natural landscape. Graded areas shall be replanted with an emphasis placed upon fire retardant, drought tolerant planting, erosion control, eliminating visual scarring and replanting of the native habitat. Open fencing and the use of short walls as a base for fencing to smooth the transitions of grades in hillside areas is encouraged. The use of natural materials (brick, stone) for fencing and walls that relates to the residential buildings is encouraged. A coordinated palette of wall and fencing materials to provide richness and continuity in developed areas is encouraged. Retaining walls shall to the extent possible be designed to incorporate planting and allow views out to the landscape from private yards. The use of stepped retaining walls and cascading plant materials to soften the wall face is encouraged (see Figure 1 at the end of this subsection). 5. Trees. Trees in excess of six (6) inches in trunk diameter measured at a point three (3) feet from the base shall be considered significant trees in this district and shall be retained to the extent possible. Removal of such a tree requires issuance of a tree removal permit by the Community Development Department. This requirement shall apply to unimproved properties in this District. All design review and/or Planned Unit Development applications shall indicate trees proposed to be removed. 6. Building Design. Both upslope and down slope units shall be designed to reduce visual impacts and grading. To the extent possible, residential units shall be stepped uphill or downhill to reduce the height and mass of the buildings from the street. The use of stepped foundation is encouraged (see Figure 2 at the end of this subsection). Rooflines shall relate to the slope and topography and shall be as inconspicuous as possible. Second stories, if appropriate, shall incorporate a variety of bays and recessed overhangs so that the appearance of

vertical mass and visual impacts are reduced. To the extent possible, grading plans shall create building pads that support low profile buildings which require minimal retaining walls or support structures. Exterior structural supports and undersides of floors and decks shall not exceed six (6) feet in height except where the Planning and Zoning Commission finds that: (1) no alternative design is feasible, (2) grading to eliminate the need for such support would result in visual scarring or additional environmental damage and (3) no area exists on the property which would reduce or eliminate the need for such supports. 7. Exterior Materials. All development within the RHD District shall utilize materials and colors that are compatible with the surrounding environment. The use of wood shakes as an exterior siding or roof material is not permitted. Concrete as an exterior material for driveways, walkways or retaining walls is discouraged. If concrete is utilized, the stark appearance shall be mitigated by mixing an alternate color into the pour or use of an alternate material (aggregate, rock). 8. Streets and Driveways. New streets and driveways in the RHD District shall be designed to be parallel to contours to the extent possible. Intermittent widening of streets for guest parking and turnarounds at appropriate places are encouraged. The maximum street section permitted in this area shall be thirty-two (32) feet zero (0) inches curb to curb with guest parking on one side of the street only. Guest parking bays and islands are encouraged to be provided where appropriate. All minimum standards of the Albany Fire Department shall be satisfied for roadway width, turnarounds and pavement materials. 9. Street Lighting. Street lighting provided, as part of any new development, shall be of a low profile design, unobtrusive and designed to be compatible with the character of the development and area. 10. Sidewalks, Walkways and Trails. Sidewalks shall be discouraged in this district in favor of pedestrian walkways and trails which shall be integrated into an overall circulation plan for the development. 11. Environmental Constraints. All development in the Residential Hillside Development (RHD) District shall be developed in a manner which is compatible with the environmentally sensitive setting. The Community Development Department or the Planning and Zoning Commission may require special studies as a part of design review or the planned unit development process. Typical studies requested may include but are not limited to soil and geotechnical reports, cultural resource (archaeological) surveys, biotic or tree studies, and such other studies that might have otherwise been required if a CEQA review was undertaken. (Ord. No. 04-09) Click Here for Figure 1

Click Here for Figure 2 20.24.050 Floor-Area Ratios. A. General. For buildings other than single-family residences, Floor Area Ratio (FAR) shall be calculated according to the definition provided in the Definitions section (20.08.020) of this Chapter. Permitted ratios in the various zoning districts shall be as shown in the Table of Site Regulations by District, Section 20.24.020. B. Single-Family Residences. The following standards shall apply both to new construction on single-family lots, and to additions to existing single-family units. It is the intent of the City that all such construction be compatible with neighboring residential development. A ratio of the gross square footage of structures on a site to the land area of the site shall be employed by the Planning and Zoning Commission as a means of evaluating the bulk of any proposed residential building. 1. For purposes of this section, Floor Area Ratio (FAR) shall be calculated as the total gross square footage of the building divided by the total land area of the site. The calculation of gross square footage shall include consideration of the following factors where applicable: a. Gross square footage shall include all covered space located on the site. b. Any covered parking area which is enclosed by two (2) or more walls, whether attached to or detached from the main dwelling structure, shall be included in the calculation of gross square footage, with the exception that one (1) such enclosed parking space, with a maximum interior area equal to the minimum requirement for a single enclosed parking space, as stated in subsection 20.28.50.A.1.a., may be excluded from said calculation. c. Any covered area on or below the first or main floor, shall be considered a story and shall be calculated in the floor-area ratio if the average height of the perimeter is greater than five (5) feet, except a single parking area may be excluded as provided in paragraph B.1.b. above. Measurement of height shall be taken from the lower of natural or finished grade at the exterior to the top of finished floor of the first, main or story above. d. Decks, patios or other usable open areas shall be excluded from calculation of gross square footage, except where such element is enclosed on three (3) or more sides. (Two (2) walls and a solid roof shall be counted as three (3) sides.)

e. Any interior space with a ceiling height equaling two (2) stories shall be doubled for purposes of calculating gross square footage. Exceptions may be made for stairwells with no habitable space above or below the stairs, and for a maximum of sixty (60) square feet of additional space, such as in an entry foyer, an internal atrium, or a study loft. f. Any attic space having a floor area of at least one hundred fifty (150) square feet with a ceiling height of seven (7) feet six (6) inches or more shall be calculated as gross square footage. 2. Except in the Residential Hillside Development District (RHD), the total gross square footage of single-family dwellings shall not exceed a Floor Area Ratio of .55. The Planning and Zoning Commission may approve a floor/area ratio of up to .60 based on determination that any of the following conditions exist: a. The site is of such a size that application of the .55 floor/area ratio would result in a gross square footage of less than one thousand five hundred (1,500) square feet. b. The site is in a zone other than R-1 and buildings on any surrounding properties exceed FAR .60, and the higher FAR is warranted by considerations of harmonious transition among properties. c. The proposed design has architectural features, which contribute substantially to neighborhood quality, which could not be achieved in a smaller building mass. 3. In the Residential Hillside Development District, total gross square footage shall not exceed a Floor Area Ratio of .50, as provided in subsection 20.24.20.A, Note 8. C. Commercial, Multifamily and Mixed Uses: Calculation of Enclosed Parking Area. Enclosed off-street parking area serving commercial, multifamily or mixed uses shall be included in the calculation of the gross floor area, with the following exceptions: 1. Enclosed parking areas that are located entirely below grade shall not be included in calculating the Floor Area Ratio of a development project. 2. Enclosed parking areas that meet the minimum requirement for the number of off-street parking spaces for a commercial use shall not be considered in calculating the Floor Area Ratio of a development project. However, where any enclosed parking spaces, other than those located entirely below grade, are provided in excess of the minimum requirement for commercial use, the area

occupied by those additional spaces shall be included in the calculation of the Floor Area Ratio. If such additional spaces cause the allowable commercial Floor Area Ratio to be exceeded, the additional floor area for parking shall be subject to consideration through a use permit procedure. (Ord. No. 04-09; Ord. No. 09-011 10) 20.24.060 Setback Encroachments. Click Here for Table 3 20.24.070 Setbacks With Daylight Planes. Areas, Encroachments. See Table 3: Setback Areas,

A. Interior Property Lines Abutting Residential District Boundaries. The minimum setback where an interior lot line of a property in a Solano Commercial or San Pablo 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. Click Here for Figure 1.a & Figure 1.b 2. The minimum setback, where an interior lot line of a property in a higher density residential district abuts a lower density residential district, and Municipal Code Section 20.24.030 does not apply, the minimum side yard setback shall be five (5) feet on the side. An additional setback for any portion of any structure extending above twenty-eight (28) feet in height, up to the maximum height permitted in the zoning district, shall be defined by a daylight plane extending from a base point located twenty-eight (28) feet above the ground plane at the line of the five (5) foot required side yard setback, inclined away from the vertical at a forty-five (45) degree angle (See figure 2). If there is a difference in grade planes between two (2) adjacent parcels, the Community Development

Director shall determine appropriate grade plane to be used for daylight plane calculation. Click Here for 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. Click Here for Figure 3 B. Exterior Property Lines at Streets Abutting Residential Districts.

1. Where a property in the SPC San Pablo Commercial District has an exterior lot line at either of the two (2) streets that immediately parallel San Pablo Avenue, 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 required setback, inclined away from the vertical at a forty-five (45o) degree angle. See Figure 2. 2. Where a property in a Residential Medium Density District (R-2) or a Residential High Density District (R-3) has an exterior lot line that abuts a residential district, the minimum setback from such lot line shall be fifteen (15) feet. An additional setback for any portion of any structure extending above twenty-eight (28) feet in height, up to the maximum height permitted, shall be defined by a daylight plane extending from a base point located twenty-eight (28) feet above the line of the minimum required setback, inclined away from the vertical at a forty-five (45) degree angle. See Figure 4. below. 3. 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. (Ord. No. 04-09; Ord. No. 09-011 11-13) Click Here for Figure 4 20.24.080 Height Limits and Exceptions. A. Measurement of Height of a Structure. The height of a structure shall be measured with reference to a plane defined by the natural grade at the perimeter of the structure. The distance of the highest point of the structure shall be measured directly above said plane. See subsection 20.24.040.F.3 for special height measurement provisions applicable in the RHD Hillside Residential District. B. General Exceptions. Subject to approval of a use permit, towers, spires, cupolas, chimneys, elevator penthouses, water tanks, monuments, flagpoles, theatre scenery storage structures, fire towers, and similar structures may be erected to a height not more than ten (10) feet above the height limit prescribed by the regulations for the district in which the site is located, provided that no such structure shall be used for habitable space or advertising purposes, and provided that the aggregate of such structures does not cover more than ten (10%) percent of the roof area of the top floor of the structure to which they are attached. All structures that exceed the height limit shall be subject to design review. C. Mechanical Appurtenances. Mechanical appurtenances covering not more than twenty (20%) of the roof area of the top floor of any nonresidential, mixed use or multi-family structure to which they are attached may exceed the height limit prescribed by the regulations for the district in which the site is located by six (6) feet subject to design review and provided that such structures are screened in accordance with subsection 20.24.110, and further provided that no screening is located within ten (10) feet of the perimeter of the plate line of the top story. D. Exemptions.

1. The height limitations specified by this Chapter shall not be applicable to public utility distribution and transmission lines, towers and poles. 2. Rooftop equipment enclosures or screen walls that do not exceed four (4) feet in height shall be exempt from the requirement for a use permit, but shall be subject to design review. E. Residential Additions. The Planning and Zoning Commission may grant a use permit for a second story addition that exceeds the maximum height of twenty-eight (28) feet, in no case above thirty-five (35) feet, in an R-1 Zoning District if, on the basis

of the application and the evidence submitted, the Commission makes at least one of the following findings: 1. The roof pitch of the second story is designed to be consistent with the roof pitch on the existing house in order to maintain a unified architectural character. 2. The existing house has a partial ground story, which causes an increase in the overall height of the building, and there are sound design reasons for considering a roofline, which exceeds twenty-eight (28) feet. 3. The natural downward or upward topography of the site causes an increase in the overall height of the building. The minimum roof pitch has been maintained on the addition to be consistent with the existing architectural design of the house. The height has been measured from the natural or finished grade to the highest point of the roof. 4. The existing architectural character and design of the house must be maintained. Design factors have been considered to offset or minimize the increased height, such as breakup in the mass and bulk, offsetting one or more portions of the addition from the ground story wall line, and adding architectural details and elements such as horizontal trim or other features to create interest. 5. Planning and Zoning Commission, subject to Design Review criteria, may grant a use permit to allow greater height for second story additions, up to thirty-five (35) feet, measured in accordance with subsection 20.24.080, and based on all three (3) of the following findings: a. The existing house has a partial ground story that causes an increase in the overall height of the building, and there are sound design reasons from considering a roof line that exceeds twenty-eight (28) feet. b. The natural downward or upward topography of the site causes an increase in the overall height of the building. The minimum roof pitch has been maintained on the addition to be consistent with the existing architectural design of the house. The height has been measured from the natural or finished grade to the highest point on the roof. c. The existing architectural character and design of the house is maintained. Design factors have been considered to offset or minimize the increased height, such as breakup in the mass and bulk, offsetting one or more portions of the addition from the ground story wall line, and adding architectural details and elements such as horizontal trim or other features to create interest. (Ord. No. 04-09; Ord. No. 09-011 14, 15, 18)

20.24.090 Usable Open Space. A. Purpose. These regulations are intended to set forth standards for the development of usable open space necessary to fulfill needs for outdoor leisure and recreation, to preserve valuable natural resources, and to improve the quality of residential living, both in multiple-family settings and in settings where multiple-family dwellings are combined with nonresidential activities. B. Standards and Requirements. 1. Usable Open Space, General.

a. Usable open space includes areas located on the ground or on a roof, balcony, deck, porch or terrace, which are accessible and available to all residents for whose use the space is intended. b. Usable open space does not include street rights-of-way, public and private surface easements, accessory buildings, open parking areas, driveways, and access ways for the dwellings, land area utilized for garbage and refuse disposal or other servicing maintenance, and required front yards or street side yards. c. Suitable recreational structures designed to be consistent with the intent of this subsection may be considered usable open space. 2. Common Usable Open Space.

a. Common usable open space is available for use by the occupants of more than one dwelling unit and is either: 1) Controlled and maintained by the owner of the property, or by an incorporated nonprofit homeowner's association and devoted exclusively to the recreation, scenic and leisure use of all the occupants of the property or, 2) Dedicated in fee to, and maintained by, a public agency or recreation district, and devoted to the recreation, scenic and leisure use of the population that will occupy the district. b. Any area to be credited towards common usable open space shall be of such size and shape that a rectangle inscribed within it shall have no dimension less than fifteen (15) feet, and insofar as is possible, shall be contiguous with other common usable open space on or adjacent to the site.

c. Decks on roof spaces of main structures, garages, carports, or other accessory buildings may be credited to the total required common usable open space requirements. The design of such a deck must be aesthetic, adequately surfaced, and functional for the purpose for which it is intended. d. The applicant shall employ appropriate methods to insure the permanent status and maintenance of common usable open space. 3. Private Usable Open Space.

a. Private usable open space is that open space devoted exclusively to the recreation and leisure use by occupants of one (1) dwelling unit and is located immediately adjacent to that unit. b. Any ground-level area credited towards private usable open space shall not be less than fifty (50) square feet in area, and shall be of such size and shape that a rectangle inscribed within it shall have no dimension less than four (4) feet. c. Any area on a roof, balcony, deck, porch, or other structure not located at ground level that is credited towards private open space shall be not less than thirty-six (36) square feet in area, and shall be of such size and shape that a rectangle inscribed within it shall have no dimension less than four (4) feet. 4. Usable Open Space Requirement. All multifamily dwellings (three (3) or more units) 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. Example (For Illustration Only): Development: Ten-Unit Apartment Common Usable Open Space Requirement: Possible Ways to Meet Requirement: A. - Six units with 50 sq.ft. balconies - Common Usable Open Space = 300 x 2 = = 600 sq.ft. 1,400 sq.ft. 2,000 sq.ft. 10 x 200 sq.ft. = 2,000 sq.ft.

B. - Three units with 100 sq. ft. = 300 x 2 balconies - Three units with 50 sq.ft. balconies = 150 x 2 - Common Usable Open Space

= = =

600 sq.ft. 300 sq.ft. 1,100 sq.ft. 2,000 sq.ft. 2,000 sq.ft

C. - Ten units with 100 sq. ft. balconies - Common Usable Open Space (Ord. No. 04-09) 20.24.100 Distances Between Structures.

= 1000 x 2

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. (Ord. No. 0409) 20.24.110 Fences, Landscaping, Screening. A. Purpose. These regulations are intended to provide for security and privacy, to protect individual properties from traffic, noise, heat, glare and dust, and to improve the appearance of neighborhoods in Albany by providing adequate landscaping and screening. B. Application. General landscaping which may be required by the Planning and Zoning Commission as part of the design review process provided for in subsection 20.100.050 shall meet the standards and requirements included in this subsection. Specific screening requirements are also included in this subsection. C. Fences, Walls and Hedges, General.

1. Except as otherwise provided below, no fence, wall or hedge shall exceed six (6) feet in height in any R District, or eight (8) feet in height in any C District. In the case of a fence proposed at a property line where there exists a disparity of elevation of eighteen (18) inches or more between one property and another, the Community Development Director shall determine the base elevation for measuring the height of the fence.

2. In any R District any fence, wall hedge, or other visual obstruction shall not exceed three (3) feet in height within any required front yard. A visual obstruction exceeding three (3) feet in height within ten (10) feet of any property line abutting a street shall be subject to administrative design review. No exceptions shall be made for residential structures with nonconforming front yard setbacks (see illustration below). Click Here for Diagram 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. lattice. c. The location of the structure does not create a sight distance problem with respect to driveways or street intersections. d The design of the structure is appropriate to the main building and the landscaping of the property. 3. In the street side yard of a corner lot, any fence, wall, hedge, or other visual obstruction, shall not exceed three (3) feet in height within ten (10) feet of the intersection of a street line with the outside line of any driveway, or within twenty-five (25) feet of the intersection of any two (2) street lines. See illustration above. 4. Trees on which branches are removed from the ground line to a point five (5) feet above the ground line are excluded from the restrictions in subparagraphs 1, 2 and 3 above. The Community Development Director may make an exception for a tree that has not reached maturity upon finding that the tree does not constitute a safety hazard by blocking a sight line. 5. Fences, walls, hedges or necessary retaining walls may occupy not more than one (1) foot of the width of a minimum required side yard. 6. The maximum height of fences, walls or hedges shall be eight (8) feet along interior lot lines which are adjacent to public recreational facilities such as parks, playgrounds and bicycle paths. Structural bulk is minimized by the use of open materials such as

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

1. Five (5)-foot landscaped strips immediately behind all property lines shall be provided in Residential Districts for all uses other than residential uses. 2. Landscaped strips or other screening may be required by the Planning and Zoning Commission for any use in the PF, WF and all Commercial Districts. 3. Dense landscaping or a solid wall or fence shall be provided:

a. Along the rear and side property lines of any nonresidential use which abuts on a residential use; b. To screen any open area used for the storage of goods, materials, or wastes from view from abutting properties and from public rights-of-way; all openings for access to such storage areas shall be provided with solid gates or other devices constructed of view-obscuring materials; c. To screen any open area used to display goods or materials for sale from view from abutting properties. d. To screen manufacturing activities from view from public rights-of-way; e. To provide relief from adjacent noise sources; a wall designed for acoustical attenuation may be required. f. To screen roof-top mechanical appurtenances from view from abutting properties and public rights-of-way. 4. Conformity. The landscaping and screening requirements of this subsection shall be satisfied by all property owners, as applicable, within five (5) years of the date of adoption of this Chapter.

E.

Screening Standards, General. 1. Height.

a. Minimum Height. The minimum height of screening devices required in paragraph C, 3 above shall be six (6) feet, except that the Planning and Zoning Commission may reduce the required height. b. Maximum Height. The maximum height of screening shall be as provided for in subsection 20.24.110.C. c. Where a specific height of planting is required herein or by the Planning and Zoning Commission, such landscaping shall be not more than three (3) feet lower than the required height at the time of planting in the case of a prescribed height of five (5) feet or more, and shall not be more than two (2) feet lower than the required height at the time of planting in the case of a prescribed height of less than five (5) feet. d. A landscaped earthen berm may count toward required heights of landscaping and screening. 2. Materials. Where trees are required, they shall be of a species, degree of maturity, and spacing acceptable to the Planning and Zoning Commission. Where dense landscaping to a specified height is prescribed for screening, the landscaping shall be of a type and spacing so that vision of objects on the opposite side is effectively eliminated up to the prescribed height. 3. Maintenance. All planting required by this Chapter or by Planning and Zoning Commission action shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, weeding, cleaning, fertilizing, and regular watering or otherwise maintained as deemed necessary by the Community Development Manager. Whenever necessary, planting shall be replaced with other plant materials to insure continued compliance with applicable landscaping requirements. All screening shall be in sound functional condition, or whenever necessary, repaired and replaced. 4. Encroachments. In order to meet landscaping requirements, portable planter boxes or similar devices may encroach into the public right-ofway 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 SingleFamily and Two-Family Dwellings). The screening requirements for off-street parking facilities associated with all uses, as well as for commercial and public parking lots, but excluding single-family and two (2) family dwellings, are as follows: a. Parking Facilities Abutting a Residential Use. A screening device not less than six (6) feet in height shall be provided along all interior lot lines, except that the height of a wall or fence adjoining a required front setback in an R district shall not exceed three (3) feet. b. Parking Facilities in a Commercial District Across the Street from a Residential District. The parking facilities shall be screened by a fence, wall or compact evergreen hedge not less than five (5) feet in height. c. Parking Facilities for Multifamily Residential Development. A carport or open parking area for five (5) or more cars shall be screened from an adjoining lot in any R district by a solid wall or fence not less than six (6) feet in height, except that the height of a wall or fence adjoining a required front setback in an R district shall not exceed three (3) feet. d. Nonresidential Parking Facilities, Five or More Spaces. A parking area for five (5) or more cars serving a nonresidential use shall be screened from any adjoining R district by a solid concrete, solid wood or masonry wall of not less than six (6) feet in height, except that the height of a wall adjoining a required front setback in an R district shall not exceed three (3) feet. e. All Parking Facilities. A screening device of at least three (3) feet in height shall be provided between the parking spaces and any exterior lot line. f. Materials. All screening devices shall be constructed of dense landscaping or fence, wall, grill or other material. 2. Landscaping of Parking Facilities for All Uses (Except SingleFamily 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. Click Here for Diagram 3. Additional Landscaping of Parking for Nonresidential Uses Having Five (5) or More Parking Spaces. All off-street parking for nonresidential uses having five (5) or more spaces shall provide additional landscaping, which shall be subject to design review procedures set forth in subsection 20.100.050. Such additional landscaping shall be required as is appropriate to the design and function of the structures, uses and other facilities on the site. a. Purpose: The purpose of these requirements is to ensure that landscaping for nonresidential parking areas: 1) Conforms to the Design Review requirements and standards as set forth in subsection 20.100.050.D. of this Chapter. 2) Provides visually pleasing setting for off-street parking areas in relation to structures, uses and other facilities on the site and on adjoining or nearby sites. 3) Blends harmoniously with the natural landscape and other important visual features of the site and the surrounding area and is appropriate to the design and function of structures and

other facilities on the site or on adjoining or nearby sites by providing adequate planting, visual screening and other design features. 4) uses. b. Minimum Requirements and Standards: Promotes harmonious transitions between different land

1) One (1) tree shall be provided for every eight (8) parking spaces, except that all parking areas of five (5) or more spaces shall require at least one (1) tree. The trees shall be planted in tree wells of at least four-by-four (4x4) feet in locations approved by the Planning and Zoning Commission, and shall be provided with a means of irrigation and maintained in a living condition. 2) All planters and tree wells shall be enclosed by a concrete curb not less than six (6) inches in height. 3) The actual design and site planning that incorporates this additional landscaping shall be reviewed on a case-by-case basis with the objective of mitigating the visual impact of parking lots. The following minimum standards shall apply: a) Parked cars must be screened from public streets and adjacent properties and uses with landscaping along the edges of the parking areas. b) Substantial landscaped areas must be provided within the parking lots. To maintain visibility for public safety, secluded niches and corners should be avoided. Two (2) story landscaping that includes both large canopy or oval trees and low shrubs (not exceeding thirty (30) inches in height) are strongly encouraged. c) Each off-street parking area having fifty (50) or more spaces shall have landscaped areas equivalent to at least ten (10%) percent of the area of the parking lot in addition to the minimum open space and setback requirements pursuant to this Chapter. The design of the landscaping shall be coordinated with the overall landscaping for the site and shall not result in a net reduction of parking spaces. G. Screening and Landscaping of Loading Areas. The screening requirements for off-street loading facilities are as follows:

1. Uses in a Commercial or Industrial District Across the Street from a Residential District. The loading facilities shall be screened by a fence, wall or compact evergreen hedge not less than five (5) feet in height. 2. All Uses in Commercial or Industrial Districts. A screening device of at least three (3) feet in height shall be provided between the loading spaces and any exterior lot line. 3. Materials. All screening devices shall be constructed of dense landscaping or a fence, wall, grill or other material and shall meet the landscaping requirements of subsection 20.24.110.E., if applicable, and the fence, wall and hedge requirements of subsection 20.24.110.C. (Ord. No. 04-09; Ord. No. 09-011 16, 17) 20.24.120 Refuse Storage Areas. 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. (Ord. No. 04-09) 20.24.130 Accessory Buildings. A. Purpose. These regulations are intended to ensure that required yard areas and access ways in residential districts remain substantially open and unobstructed and that accessory buildings are not used in a manner inconsistent with the General Plan and this chapter. B. this Chapter. Definition. Refer to "Building, accessory" in the definitions section of

C. Permitted Uses. Accessory buildings may be used as detached carports or garages, patio shelters, garden or storage sheds, greenhouses, pool houses, artist studios, workshops, tree houses, home offices, City licensed home occupations, or for a similar function as determined by the Planning and Zoning Commission, provided that such use does not remove required parking. D. Secondary Residential Units. Secondary Residential Units are regulated by subsection 20.20.080 as a use of land. Regulations of this subsection for Accessory Buildings do not apply to Secondary Residential Units. E. purposes. Prohibited Uses. Accessory buildings may not be used for sleeping

F. Bathrooms and Kitchens. No kitchens shall be permitted in accessory buildings. Bathroom facilities shall be limited to a sink and a toilet. An exception shall be made for accessory buildings serving swimming pools whereby all bathroom facilities are permitted, provided the entire accessory building does not exceed one hundred twenty (120) square feet in size. G. Location on the Site. No accessory building shall be closer than six (6) feet to the main building on the lot, nor located in a required front setback area. H. Setbacks. Accessory buildings shall be within six (6) inches of the side or rear lot line, or shall be set back at least three (3) feet, and shall be subject to the following provisions: 1. Accessory buildings shall not have openings (windows, doors, and vents) within three (3) feet of the property line. This includes openings on walls that are perpendicular to a property line. An exception shall be made for garage (vehicle) doors. 2. Accessory buildings located on the street side yard of corner lots are required to meet the minimum setback requirements for the main building. I. Rear Setback Coverage. No accessory building, nor the aggregate of two (2) or more accessory buildings, in a residential district, shall occupy more than thirty (30%) percent of the required rear setback area, or more than thirty (30%) percent of the entire rear yard. J. Maximum Height. The maximum height of an accessory building shall be twelve (12) feet, except that within three (3) feet of the property line, no exterior wall shall exceed eight (8) feet six (6) inches in height, as measured from the top of the foundation, and no roof pitch shall exceed forty-five (45) degrees. K. Projections. Accessory building roofs or other architectural projections shall not project over a property line. L. Tree Houses. This subsection establishes standards for tree houses to ensure neighborhood compatibility. Tree houses that meet the following limitations are exempt from City permit requirements. If any limitations in the subsection below are exceeded, a variance and a building permit will be required. The Community Development Director may specify additional information required in support of an application for a variance: 1. 2. Maximum height. Twelve (12) feet above grade. Maximum size. Thirty-six (36) square feet.

3. Setback. No tree house or access structure shall be within three (3) feet of a property line. 4. No habitable space. A tree house is intended for recreational use and shall not be used as a habitable space. 5. Prohibitions. No electricity, plumbing or heating shall be allowed. (Ord. No. 04-09; Ord. No. 09-011 19) 20.24.140 Temporary Buildings. 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. same site; The planned construction of a permanent building on the

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, parking, exterior appearance, location on the site, site restoration, time limitation, etc. (Ord. No. 04-09) 20.24.150 Manufactured Homes. A. Purpose. The following design criteria are intended to insure that manufactured homes are designed and located so as to be harmonious within the context of the surrounding houses and neighborhood. B. Design Criteria. Manufactured homes shall be subject to Design Review procedures stated in Section 20.100.050. Manufactured homes shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards: 1. The units 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. foot. 4. Any covered parking shall be compatible with the manufactured home design and with other buildings in the area. 5. single lot. No more than one manufactured home may be located on any The roof must have eaves or overhangs of not less than one (1)

C. Off-street Parking. A manufactured home is defined as a single-family dwelling unit, and in all cases shall be required to meet all requirements and standards for off-street parking as provided for single-family dwellings in Section 20.28. (Ord. No. 04-09) 20.24.160 Commercial Storefront Design. Commercial storefronts in the SC and SPC Districts 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. (Ord. No. 04-09) 20.24.170 Development on Lots Divided by Zoning District Boundaries. 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. (Ord. No. 04-09) 20.24.180 Mechanical Equipment, Residential. A. Purpose. The purpose of this section is to establish standards for the location of external mechanical equipment on residential properties in order to minimize any nuisance effects on adjacent properties. B. Applicability. The standards of this section shall apply to equipment that is likely to produce noise, glare, odor or heat that could intrude upon adjacent properties. Such equipment includes but is not limited to: pumps and heaters associated with hot tubs, spas and swimming pool; exterior-located air conditioning equipment such as compressors or heat pumps; exterior-located water heaters; emergency power generators; and wind-driven pumps or power generators. C. Acoustic Baffling. Noise-generating equipment shall be enclosed and/or baffled by material sufficient to assure compliance with exterior noise standards listed in Table I of Albany Municipal Code Section 8-1-.4. The Community Development Director may require the submittal of manufacturers specifications to demonstrate that City standards for exterior noise will not be exceeded. The Director may also require the owner of any equipment installed according to this subsection to provide acoustic testing of the equipment, in the event of any complaints. D. Setback Requirement. Any equipment, located in a side yard, that is capable of generating odors, heat or air currents that could adversely affect adjoining residential properties, shall be set back from a side property line by the minimum required yard dimension, or five (5) feet, whichever is greater. E. Lighting Control. Any outdoor lighting associated with mechanical equipment shall be directed and baffled to avoid overspill onto adjacent residential properties. (Ord. No. 04-09)

SECTION 20.28 OFF-STREET PARKING AND LOADING REGULATIONS 20.28.010 Purpose.

These regulations are intended to: A. Ensure that off-street parking facilities are provided for new land uses and for alterations and enlargements of existing land uses and structures in proportion to the need for such facilities created by each use. B. Ensure that the existing inventory of parking spaces serving commercial districts is not diminished by new uses and construction. 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 the parking space requirements. D. Ensure that off-street parking facilities are designed in a manner that will ensure efficiency, protect the public safety and minimize adverse impacts upon surrounding land uses. (Ord. No. 04-09) 20.28.020 General Regulations. A. Residential Uses.

1. Expansion of Dwelling Unit. When an existing dwelling unit is expanded without creating an additional dwelling unit, the requirement of subsection 20.28.030.A shall be met unless it is waived or reduced pursuant to subsection 20.28.040.A., 1. or 2. 2. Addition of Dwelling Unit. When any dwelling unit is added to a residential site, the new dwelling unit shall meet the requirement of subsection 20.28.030.A. The number of existing off-street parking spaces which serve to meet the requirements for existing dwelling units on a site shall not be reduced when any new dwelling unit is added to the site, except as provided in subsections 20.28.040.A., 3. and 4. B. Nonresidential Uses. When any main building is constructed, enlarged, or increased in capacity, or when a 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.)

C. Unlisted Uses. Requirements for types of buildings or uses not specifically listed herein shall be determined by the Planning and Zoning Commission based upon the requirements for comparable uses listed and on the particular characteristics of the building or use. D. 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. E. Access During Business Hours. Required parking spaces that serve commercial uses and are intended for use by business clientele shall remain open and accessible during business hours. F. Shopping Centers. Where shared parking facilities are provided for two (2) or more commercial uses in a shopping center, the minimum requirement may be reduced to seventy-five (75%) percent of the sum of the requirements for the various uses computed separately, when the combined requirements total twenty (20) or more spaces. Refer to subsection 20.08.020 for the definition of shopping center. G. 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. H. Use of Required Yards. No portion of any required front yard shall be used to meet off-street parking requirements, except as provided below in subsection 20.28.040.A.5. I. 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. J. Limitation on Repairs. No repair work or servicing of vehicles shall be conducted in a required off-street parking space, except such minor work performed by the resident as is common to residential use.

K. Bicycles. Sufficient bicycle storage space, as determined by the Planning and Zoning Commission, shall be provided in all parking areas of ten (10) or more spaces. L. Calculation of Requirements. Fractional space requirements shall be rounded to the nearest whole number (one-half (1/2) shall be rounded up). M. 20.32. N. Alternative Methods of Meeting Parking Requirements for Non-residential 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 offstreet 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 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 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. (Ord. No. 04-09) 20.28.030 Parking Space Requirements. Off-street parking spaces shall be provided according to the following schedule, unless reductions or exceptions are made according to subsection 20.28.040 below. Signage. Signs related to off-street parking shall be pursuant to Section

A.

Residential Uses.

Click Here for Table 4 B. Nonresidential Uses.

Click Here for Table 5 20.28.040 Exceptions to Parking Space Requirements. It is the City's intent that all off-street parking requirements be observed to the maximum extent feasible. The City recognizes that special circumstances may exist which warrant evaluation for special consideration and possible exceptions to the strict application of the requirements. 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. Exceptions for Residential Uses.

1. Minor Additions Where No New Dwelling Units Are Created. No additional parking spaces will be required for the addition of floor space which does not exceed a cumulative increase of twenty-five (25%) percent of the original floor space within all structures on the lot, provided that in no case shall more than two hundred forty (240) square feet be so exempted. For purposes of this exemption original floor space shall be that which existed on November 7, 1978 or the date of the original construction of the building, if such took place after said date. 2. Additions Where No New Dwelling Units Are Created. Where a proposed addition to a dwelling unit increases the original floor space within all structures on a lot, as defined above in Paragraph A.1., by more than two hundred forty (240) square feet and does not create additional dwelling units, the Planning and Zoning Commission may reduce the parking requirements contained in subsection 20.28.030.A upon consideration of the existence of such circumstances as listed in a. through e., below. In granting any such reduction, the Planning and Zoning Commission shall make specific findings consistent with its consideration of these and other circumstances relating to the application. a. Required spaces cannot be located in front or side yard areas.

b. Space is not available to provide the required parking facilities without undue hardship.

c. Provision of required parking spaces would be disruptive to landmark trees or would severely restrict private outdoor living space on the site. d. Creation of new off-street spaces would require the elimination of an equivalent or higher number of on-street parking spaces. e. The proposed reduction in parking requirements is appropriate to the total size of the dwelling unit upon completion of the proposed addition. 3. Where New Dwelling Units Are Created. Special Reduction enacted by Measure D, 1978. The Planning and Zoning Commission may, by conditional use permit, reduce the parking requirement contained in subsection 20.28.030.A to no fewer than one and one-half (1-1/2) spaces per dwelling unit upon making the finding that existing on-street parking is sufficient to justify a reduction. (This paragraph shall not apply to Secondary Residential Units - see subsection 20.28.040.A.4 following.)
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4.

Exception for Secondary Residential Units.

a. Where a secondary residential unit is legally added to a single family dwelling located in the R-1 Zoning District, in accordance with subsection 20.20.080, the total number of off-street parking spaces required on the site shall be based on the age of the main dwelling unit according to the following schedule, without reduction or exception: Construction Date of Main Dwelling Unit: Before 1958 1958 - 1978 After 1978 Number of Parking Spaces: Prior to Creation With Secondary Unit of Secondary Unit 0 2 1 3 2 4

b. Required parking spaces may be arranged in tandem in accordance with subsection 20.28.050.B.3.b., except where a total of only two (2) spaces is provided for the primary and secondary units. 5. Parking in Required Yards. The City recognizes the existence of residential properties whose historical development did not allow for present day parking requirements. 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 required 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 main building, 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 not exceed seven (7) feet six (6) inches in width, and twenty (20) 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 required off-street parking spaces which are permitted in front yard areas are so located as to minimize aesthetic and noise intrusion upon any adjacent property. 6. Existing Garages. The Planning and Zoning Commission may find that an existing garage meets the requirements for an off-street parking space if the interior dimensions of such garage are not less than sixteen (16) feet in length, and eight (8) feet in width, for a single garage, or sixteen (16) feet in width for a double garage, and six (6) feet six (6) inches in height. The Planning and Zoning Commission may allow a local obstruction (such as a chimney, stairs or other feature) to protrude into the required parking space dimension, upon finding that such obstruction does not impede the ability to park vehicles in the garage. 7. Garages in Front Yards of Up-Slope Lots. Garages which are situated within required front yard 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 nonparking use, 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. B. Exceptions for Nonresidential Uses.

1. Existing Buildings and Land Uses. The following provisions are applicable to existing buildings and land uses only, and shall not apply where construction is proposed for vacant land or any site from which existing structures have been removed or are proposed to be removed. a. Properties on which structures have been erected prior to the effective date of this subsection and which are in use on said date shall be deemed to be in compliance with the off-street parking requirements of this section for the existing use. b. Properties that are not in use on the effective date of this subsection, and on which the use has not been abandoned or discontinued for a continuous period specified in subsection 20.44.040, shall be deemed to be in compliance with the off-street parking requirements of this section for the last use of the property prior to the effective date of this Section 20-28. c. Any on-site parking spaces that, as of the effective date of this subsection, serve the uses referenced in a. and b. above shall be required to remain in service in order to preserve the status of compliance. d. In the case of any alteration resulting in an increase of floor area, or a change of land use to a category with a greater parking space requirement, any requirement for additional parking spaces will be based solely upon the incremental change of floor area or use. 2. Ground Floor Retail Area. In the case of any new construction, enlargement, increase of capacity or change of use involving ground floor space for retail uses in the SC and SPC districts, the calculation of the off-street parking requirement shall include a reduction of the gross building floor area by up to one thousand five hundred (1,500) square feet of ground floor retail area. 3. Administrative Exception. Upon the change of use of a site or existing building or structure not otherwise requiring a conditional use permit, the Planning Director may reduce the parking requirements contained in paragraph c. upon determination that such change of use will not significantly increase the demand for employee or customer parking. In no case may such reduction result in fewer parking spaces than were required for the previous use of the subject site. Such administrative approval shall be communicated to the Planning Commission. 4. 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, offstreet 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 spaces that are available to serve the combined uses. The Community Development Director may require a survey to substantiate such a request. Any adjustment made by the Planning and Zoning Commission shall be limited to a reduction of a maximum of twenty-five (25%) percent of the requirement, and will be considered 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. 5. Planning and Zoning Commission Adjustment. 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 an existing building. In granting an adjustment the Commission shall make the following findings: a. On the basis of a survey of comparable situations, parking demand for the proposed use or uses will be less than the required number of spaces. b. The probable long-term occupancy of the property or structure, based on the project design, will not generate substantial additional parking demand. c. 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, a reduction of the parking requirement will not have a substantial effect on the parking available for neighboring uses. C. Exceptions for Mixed Residential and Nonresidential Facilities. Where both residential and nonresidential uses are proposed to be combined in a single development project, the Planning and Zoning Commission, through the major use permit process, may adjust the amount of off-street parking required for the nonresidential portions of the project, so long as the requirements of subsection 20.28.030.A. for residential use are met. Such adjustment shall not reduce the required nonresidential parking spaces by more than fifty (50%) percent. In granting any such adjustment, the Commission shall make the following findings: Findings: 1. The aggregate amount of parking provided on site, or otherwise made available meets the anticipated demands of all users of the project, considering hours of usage and other demand factors.

2. A minimum of one (1) parking space is available for the exclusive, full time (twenty-four (24) hour) use of occupants of each residential unit. 3. Except as provided in 2. preceding, spaces are not designated for exclusive use of any residential or nonresidential owner or tenant. 4. Sufficient legal agreements are or will be in effect to assure continuing management of parking facilities as a single entity, with assurances as to accessibility by legitimate users of the mixed-use project. (Ord. No. 04-09) 20.28.050 Parking Area Standards. 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 newlyconstructed 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 singlefamily dwelling shall be eight (8) feet six (6) inches in width and eighteen (18) feet in length. The minimum width dimension for a double-car open parking space shall be sixteen (16) feet. d. Open or Covered Parking (Pre-1978). Where warranted by spatial limitations related to construction approved prior to the enactment of Measure D in November 1978, the Planning and Zoning Commission may permit an open or covered parking space measuring no less than
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seven (7) feet six (6) inches wide, by sixteen (16) feet long, to meet offstreet 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. Click Here for Table 6 Editor's Note: Measure D can be found in Appendix A immediately following this Chapter.
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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. Click Here for Table 7 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: Click Here for Table 8 Click Here for Diagram B. include: Design Standards. Standards for off-street parking facilities areas shall

1. Lighting. Lighting shall be deflected away from residential sites public and private view so as 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.

3.

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 a secondary residential unit, may be arranged in tandem, so long as parking required for any dwelling unit is arranged independently from parking serving any other dwelling unit, with unobstructed access from a street for at least one (1) of the spaces required for each dwelling unit. 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. (Ord. No. 04-09; Ord. No. 09-011 20) 20.28.060 Off-Street Loading. 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. B. General Provisions.

1. When any main building 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 offstreet 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. (Ord. No. 04-09) 20.28.070 Loading Space Requirements. Off-street loading facilities shall be provided as follows: Click Here for Table 9

20.28.080 Loading Area Standards. 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 based on the type of vehicle to be accommodated. Click Here for Table 10 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.) (Ord. No. 04-09) SECTION 20.32 SIGNS 20.32.010 Purpose. These regulations are intended to set standards which will permit a reasonable use of signs which give information and directions and which identify goods and services without detracting from the aesthetics of the urban environment. (Ord. No. 78-07, 501; Ord. No. 04-09) 20.32.020 Criteria for Review.

When considering a sign permit application, the Commission or staff will be concerned for the minimum practical sign area consistent with the location and purposes of the signs. The primary purpose of all permanent signs is identification as opposed to product advertising. Further concerns are: to eliminate the clutter of too many signs; assure legibility; and avoid detriment to health, safety, morals, comfort and the general welfare of the City. All permanent signs requiring a sign permit must reflect the intent of the design review standards of subsection 20.100.050D of this Chapter. (Ord. #78-07, 501.1; Ord. No. 04-09) 20.32.030 Definitions (A-Z). As used in this section: Awning means a temporary shelter, usually constructed of canvas, which is supported entirely from the exterior wall of a building. Banner means a sign made of flexible materials, suspended from one (1) or two (2) corners, including a design or logo. Fascia Sign means a sign painted on or affixed to a building face, parallel to and not extending more than twelve (12) inches from the surface. Freestanding Sign means a permanently fixed, separate and detached sign or advertising structure, supported from one (1) or more poles, columns, braces or similar devices. Fully Animated Signs means flashing, blinking, animated, 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 means an agreement between the property owner and the City which indemnifies and relieves the City of all financial responsibility, liability and other costs including attorney's fees, for any injury or damages that result by virtue of a claim against the City by a third party. In-window Permanent Sign means any sign placed in or painted on a window for more than forty-five (45) days. In-window Temporary Sign means any sign or combination of signs used for identification placed or painted on a window for not more than forty-five (45) days. Marquee Sign means a sign attached to, painted on, or suspended from a marquee, roof overhang or awning.

Monument Sign means a low profile freestanding sign supported on a solid foundation. Occupant means each business establishment having its own outside entrance. "Occupant" does not refer to individual tenants who may share the space within the establishment. Off-premises Sign means one that, at any time, carries any advertisement identification, or directions not strictly incidental to the lawful use of the premises upon which it is located. Partially Animated Signs means flashing, blinking, animated, 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 means a sign made of flexible materials suspended from one (1) or two (2) corners, used in combination with other pennants and streamers to create the impression of a line. Permanent Sign means one for which a sign permit is approved and issued with no time restriction. Portable Sign means "A" frame, merchandise display or other advertising materials which can be readily moved. A vehicle carrying advertising, parked at a curb for other than normal transportation purposes, will be considered a portable sign. Projecting Sign means a sign affixed to the face of a building and projecting more than twelve (12) inches either perpendicularly or at an angle from the surface. Reader Board means a sign or portion of a sign designed for use with interchangeable letters. Roof Sign means a sign which extends or is erected above the roof line or parapet wall. Sign means 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, car pictures, strings of lights, outdoor displays and similar items used to attract attention. Sign Area means the area within the smallest perimeter that will enclose all of the letters, figures or symbols which comprise the sign, but excluding essential supports. Supports will be subject to design approval and engineering approval. For multi-faced signs, area will be the total of all faces.

Sign Permit means the granting of design approval for a specific sign by the Planning Commission or City staff in conformance with the requirements of this section. An additional building permit from the Building Department is necessary to erect any sign. Temporary Sign means one approved with a specific time limitation. Area of temporary signs shall not be included in computation of allowable area for permanent signing. (Ord. #78-07, 501.2; Ord. #03-01, 1; Ord No. 04-09) 20.32.040 Prohibited Signs. The following signs are not allowed: A. B. C. Fully animated signs; Dilapidated or abandoned signs; Off-premises signs;

D. Portable signs in the public right-of-way, except real estate "open house" and "garage sale" signs; E. Pennants or streamers.

All other types of signs are allowable either with or without a permit as provided in this section. (Ord. #78-07, 501.3; Ord. #03-01, 1; Ord. No. 04-09) 20.32.050 Signs Allowed Without a Permit. The following signs are allowed without a sign permit. Only signs under paragraphs F, G, H and K may be installed in the public right-of-way, and only after obtaining an encroachment permit. A. Nations. B. in area. C. One (1) real estate sign advertising "For Sale", "For Lease" or "For Rent", not over six (6) square feet in area, placed by an owner or his agent on his own property in any residential zone. Flags of the U.S. or official flags of the State, City of Albany or United Professional or identifying nameplates not to exceed one (1) square foot

D. One (1) real estate sign not exceeding twelve (12) square feet in area, not located closer than three (3) feet to the property line, and pertaining only to the prospective sale or lease of the premises upon which the sign is to be displayed shall be permitted in all nonresidential zones, but shall contain only the name of the property owner or broker representing the property and the necessary address or phone number to which prospective purchasers shall be directed. E. Memorial signs or tablets, names of buildings and dates of erection, when cut into masonry surface or constructed of bronze or other incombustible materials. F. Traffic or other municipal signs, railroad crossing signs, danger, and such temporary emergency signs as may be approved by the City Engineer. G. Signs of a directional nature for a civic event to be permitted for not more than thirty (30) days prior to the event nor more than a forty-eight (48) hour period after the event. H. Signs serving as directional signs to resorts or to institutions of an educational, religious, charitable or civic nature not to exceed three (3) square feet in area per face. I. Directional signs located within parking lots identifying the entrance and exit and other directional information, except in residential districts. Not more than four (4) directional signs shall be posted in one (1) parking lot without the approval of the Planning Commission. Directional instructions painted on the pavement of the lot shall not be included in the measurement of permitted sign area. Such signs in total shall not exceed twenty (20) square feet in area. J. Signs showing the location of public telephones, restrooms and underground utility facilities. K. One (1) nonilluminated construction site identification sign not to exceed forty (40) square feet in area may be erected and maintained during construction on the site of a construction project. The construction sign may contain the name of the general contractor and others, such as the architect, engineer, other subcontractors or suppliers assigned to the project. L. M. In-window temporary signs as defined in this section. Political Signs.

1. Definition. A political sign shall mean any sign which is designed to influence the action of the voters either for the passage or defeat of a measure appearing on the ballot or any National, State or local election, or which is designed to influence the action of the voters either for the election or defeat of a

candidate for nomination or election to any office, whether public or private, partisan or non-partisan, at any National, State or local election. 2. Location Permitted.

a. Political signs shall be located on private property only and with permission of the owner or occupant and shall not be attached to any utility pole, tree or other vegetation. b. Political signs shall not be erected in such a manner or at such a location that they will or may reasonably be expected to interfere with, obstruct, confuse or mislead traffic. 3. Placement and Removal and Rules on Size and Number.

a. No political sign shall be posted sooner than the first filing of the Campaign Disclosure Statement or forty (40) days prior to the election, the lesser of the two (2) time periods. b. Political signs shall be removed within fifteen (15) working days after the election to which they relate. Signs placed on behalf of a political candidate successful in primary elections may be permitted to remain for general election purposes. c. No political sign shall exceed sixteen (16) square feet in area. The aggregate area of all political signs placed or maintained on any parcel or real property in one ownership shall not exceed eighty (80) square feet. Both faces of a double-faced sign shall be calculated in figuring the total signage. d. The number of political signs posted is not limited except by total maximum area. e. No City approval need be obtained for posting of any political signs four (4) square feet or less in area. Any person intending to post single political signs over four (4) square feet in area (or any person on whose behalf such signs are to be installed) shall, prior to the installation, file a declaration of such intent with the enforcing officer of the City. Such declaration shall contain an agreement to remove such signs within the applicable time period described above. f. Any political sign not posted in conformance with the provisions of this Chapter shall be deemed a public nuisance and shall be subject to removal by the candidate, the property owner or, when a proposition is involved, the person advocating the vote described on the sign, and upon their failure to do so, by the enforcing officer. Any costs

incurred by the City in the enforcement shall be assessed to the person who signed the declaration of intent. (Ord. #78-07, 501.4, Ord. #03-01, 1; Ord. No. 04-09) 20.32.060 Signs Allowed With a Permit. A. The following are allowable with a sign permit issued by the Planning and Zoning Commission, subject to the limitation on size and location: 1. 2. 3. 4. 5. 6. 7. 8. Banners; Fascia signs; Freestanding signs; In-window permanent signs; Marquee signs; Monument signs; Projecting signs; Roof signs.

B. The following signs are allowable with a use permit issued by the Planning and Zoning Commission: 1. Partially animated signs, subject to the following criteria:

a. The Planning and Zoning Commission shall determine the frequency of the use of color and the changing of messages, type of animation, number and types of messages allowed to be displayed, hours of operation, intensity of illumination, compatibility of the height of the sign with the surrounding area, and such other aspects which affect visual presentation of the proposed sign or its functions; b. They can only be located on parcels more than twenty-five (25) acres in size; c. No more than one (1) partially animated sign may be placed on property; d. Proposed animated sign displays shall be submitted to the Community Development and Environmental Resources Director for administrative approval. The Community Development and

Environmental Resources Director will accept or reject the proposed display within seven (7) days of the submission. C. The following signs may be approved administratively by the Community Development Director: 1. Signs which entail only a change in the existing message if the area and type of sign remains unchanged. (Ord. #78-07, 501.5; Ord. #82-03; Ord. #99-06, 1; Ord. #03-01 1; Ord. No. 04-09) 20.32.070 Application for Sign Permit. Application for sign permits as required herein shall be submitted to the Community Development Director on a designated form. It shall contain dimensions and other necessary information regarding the site and buildings thereon, existing signs, proposed signs and signs to be removed. For sign applications which are reviewed by the Community Development Director, review shall occur as part of a building permit or business license application process. The action taken on the sign application shall be reported to the Planning and Zoning Commission, based on a schedule to be determined by the Commission. If in the opinion of the Community Development Director that an application may involve a significant policy or design issue, or that there is significant public controversy, the application shall be referred to the Planning Commission for hearing and action. (Ord. #03-01, 1; Ord. No. 04-09) 20.32.080 General Regulations. A. Each permit will be for a specific sign of a specific occupant and will not be transferable. B. There shall be no more than four (4) separate permanent signs for any one (1) building occupant, as defined herein. C. In-window temporary signs for ground floor occupant shall not exceed fifty (50%) percent of the total window area. Any window area permanently painted over so as to be no longer transparent, or which contains permanent signing, is excluded from measurement of window area. D. In-window permanent signs for upper floor occupants shall be limited to ten (10%) percent of the window area or a maximum of four (4) square feet per window, whichever is less. Those which are for identification only shall have no time limit.

E. No additional signing is permitted on the basis of frontage for multistoried buildings. A building with exceptional upstairs occupancy may have additional signing with the approval of the Planning Commission or City. Exception: A directory, not to exceed eight (8) square feet in area, may be erected for identification of upper floor tenants. F. Shopping Centers:

1. Master Sign Program. A master sign program shall be required for all shopping centers and shall be reviewed by the Planning and Zoning Commission. The master sign program shall include the total aggregate square footage of sign area allowed for the center, the location, dimension, and design of the individual signs for each tenant of the center, and the design, size and location of a freestanding identification sign. 2. Freestanding Identification Sign. A shopping center, in addition to the basic identification sign area permitted each occupant, may have a freestanding identification sign on the basis of one (1) square foot for each four (4) ground floor frontage feet of building face, but not to exceed a maximum of one hundred fifty (150) square feet. The "Center" identification may be a name, a permanent roster of tenants, or a combination thereof. G. Illuminated tubing and strings of lights outlining portions of a building or open space shall be deemed "signs" under this Chapter and require specific approval of the Planning Commission. Each line of such illumination shall be deemed to have a minimum width of three (3) inches for purposes of area calculation. H. Any awning or awning sign shall require a sign permit.

I. All property owners who wish to install any signs which project onto the City's public right-of-way shall be required to sign a hold harmless agreement protecting the City, and if necessary, the State of California (as defined in subsection 20.20.040) with the City prior to installing the signs. (Ord. No. 78-07, 501.6; Ord. No. 03-01, 1; Ord. No. 04-09) 20.32.090 Dimensional Requirements. A. Residential Districts. Signs in residential districts for nonresidential uses shall not exceed eight (8) square feet in area. Such signs shall not be illuminated nor permitted in any required yard. B. Nonresidential Zones. SC ZONE 2 sq. ft. per lineal front ft. of building SPC ZONE 3 sq. ft. per lineal front ft. of building face.

face. Max. aggregate - 200 sq. ft. Projecting Max. projection 6 ft. over public right-ofway. Min. clearance 8 ft. Roof Not allowed. Freestanding Max. height 20 ft. SC ZONE Monument Max. height 5 ft. Marquee Min. clearance 8 ft. CMX ZONE Max. height 5 ft. Marquee Min. clearance 10 ft. WF ZONE Max. aggregate - 300 sq. ft. Projecting Max. projection 8 ft. over public right-ofway. Min. clearance 10 ft. Roof Max. height 12 ft. above roof line or parapet wall. Freestanding Max. height 30 ft. SPC ZONE Monument

Architectural approval required. Planning Architectural and Design Control will Commission shall prescribe on a case-by- govern, consistent with the Waterfront Plan. case basis. NOTE: The "lineal front foot" used to determine allowable sign area applies to the building face abutting the primary commercial street adjacent to the site. If the use is conducted primarily in the open, or is a service station, one-half (1/2) of the primary street frontage may be substituted for the "building face". C. Shopping Centers. For a shopping center, the applicant may choose to calculate the total allowable sign area for the center on the basis of individual tenant "store frontage" rather than total "building face". The total sign area for each tenant may be computed as two (2) square feet of sign area for each front foot on the building elevation providing primary access to the use, provided that:

1. All signs in the shopping center shall meet the specifications of a Master Sign Program approved by the Commission for that center; 2. The sign area allowed for any tenant may not exceed two hundred (200) square feet; 3. A minimum of twenty (20) square feet of sign must be made available for the building elevation providing primary access to the use and leased by the tenant. In cases where a use has more than one (1) primary access, the Planning and Zoning Commission may allow an additional one-half (1/2) square foot of sign area for each front foot of "secondary" primary access. This additional sign area must be placed on the building face from which it was calculated. D. Awning Requirements.

1. The minimum clearance for awnings from the street shall be eight (8) feet, and the maximum projection from the building shall be six (6) feet. In no case shall an awning obstruct traffic or on-street parking spaces. 2. If more than one (1) tenant is in a building where an awning is installed, and if more than one (1) tenant desires an identification sign on the awning, a master sign program for the awning shall be required. 3. The design and location of the awning shall be consistent with the character and scale of the building. The awning shall not in any way block or obstruct an existing sign on any immediately adjacent building. 4. A hold harmless agreement and an encroachment permit shall be obtained prior to the installation of the awning. 5. Awnings are subject to design review approval as listed in subsection 20-10.2c. (Ord. No. 7807, 501.7; Ord. No. 86-05; Ord. No. 89-09, II; Ord. No. 03-01, 1; Ord. No. 04-09) 20.32.100 Nonconforming and Illegal Signs. A. Removal of Nonconforming Signs.

1. Removal in Ten (10) Years. All signs, except off-premises signs, constructed of permanent materials such as wood or steel, which were lawful on January 3, 1977, but are prohibited herein, may be maintained by the occupant of record on that date for a period of ten (10) years from that date, at which time all

signs shall be made to conform to the regulations of this Chapter, or shall be removed entirely within the time period. 2. Removal in One (1) Year. Off-premises signs, animated signs and flashing or other nonconforming lights installed prior to January 3, 1977, shall be removed, disconnected or modified to conform within one (1) year following adoption of this ordinance.[1] 3. Immediate Removal. Streamers, pennants, banners, nonconforming in-window signs and signs which are dilapidated or abandoned may be declared nonconforming by written notice from the Director of Public Works citing the infraction and shall be promptly removed. 4. Removal Upon Change in Ownership. Whenever a business is sold or transferred to another franchise owner or lessor, or if a corporation owning the business is sold or inherited, the site shall be made to conform to all sign regulations of this Chapter within ninety (90) days. 5. Removal Upon Modification of Signage. Whenever any permanent sign is replaced or modified (including modifications to sign lighting, but not including message changes on reader boards), a sign permit shall be required, and the site shall be made to conform to all sign regulations of this Chapter prior to issuance of the sign permit. When a substantial reduction in the amount of nonconformity is proposed by the applicant, the Planning and Zoning Commission may allow a portion of the nonconformity to remain until January 3, 1987. B. Record of Nonconforming Signs. The Community Development Director shall compile a list of nonconforming signs and cause to be mailed to the owners of property on which such nonconforming signs are located and to the owners of the signs, if known, notice of the existence of such nonconforming signs and the time within which the same must be made to conform or be abated. For purposes of such notification, the last-known name and address of the owner of the property in question shall be used as shown on the records of the City Clerk, or the last equalized assessment roll. The mailing of such notices shall be done primarily as a convenience to the owner of the property and of the sign. The failure to give such notice or the failure of the owner of the property or of the sign to receive the same shall in no way impair the effectiveness of the provisions of this subsection or the validity of any proceedings taken for the abatement of any such sign. Nonconforming signs shall be made to conform within the provisions of this subsection and the Uniform Building Code, or removed within the applicable period of time as set forth above.

C. Removal of Illegal Signs. Signs erected or placed contrary to the regulations of this Chapter shall be removed promptly upon notice from the Director of Public Works citing the infraction. D. Removal by the City. In the event the sign(s) are not removed by the owner as required by paragraphs A or C above, the Community Development Director shall order the sign(s) removed by the owner of the property or any other person known to be responsible for the sign(s). If a nonconforming or illegal sign is not removed or made to conform within thirty (30) days after written notice, the Community Development Director shall remove, or cause to be removed, the sign or signs, and all costs incurred by the City shall become a lien against the property. The Community Development Director may establish a reasonable fee schedule for recovery of costs under this subsection. No new City permit of any type shall be issued until the lien has been paid in full. (Ord. No. 04-09) SECTION 20.36 PERFORMANCE STANDARDS 20.36.010 Purpose, Applicability, Exceptions and Enforcement. 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 permitexempt 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. (Ord. No. 04-09) 20.36.020 Standards. A. Odor, Particulate Matter and Air Contaminants.

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. No dust or particulate matter or other 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. The effects of exhaust air ducts shall be addressed in a manner to prevent adverse impact on abutting properties. 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. Glare or Heat. 1. Illumination.

a. 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 on any public right-of-way or on any other parcel. b. 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. c. 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. d. 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. e. 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. 2. 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. D. 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. E. Vibration. No use shall create vibration discernible by a reasonable person without instruments at the property line nearest the source of such vibration. F. 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 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. G. Screening.

1. Operations. Any operation or activity, including, but not limited to, assembly processes, handling or storage of materials, parts or waste materials, shall be screened in order to avoid direct visibility from adjoining properties or public ways. 2. Mechanical Equipment. All exterior mechanical equipment shall be screened from public view from all sides. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, duct work, water tanks, and transformers. Screening materials may be solid concrete, wood or other opaque material and shall effectively screen mechanical equipment so that it is not visible from a street or adjoining lot. 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. (Ord. No. 04-09) SECTION 20.40 HOUSING PROVISIONS 20.40.010 Purpose and Intent. The purpose of this section is to advance the goals of the Housing Element of the Albany General Plan, specifically, to provide a variety of housing to meet the needs of all

economic segments of the community, and to expand housing opportunities of those with special needs, including elderly, disabled and homeless persons. This section provides for the implementation of Housing Element policies and programs intended to: promote new housing that is affordable to very-low-income and low-income households and senior citizens; encourage innovative housing concepts; permit emergency and transitional housing; and assure accessibility to housing by disabled persons. This section establishes implementing procedures for the provision of density bonuses and other incentives, pursuant to California Government Code Sections 65915 through 65918. (Ord. No. 05-06) 20.40.020 Definitions. Specialized terms used in this section are defined in Section 20.08, Definitions. Those terms include Affordable Dwelling Unit, for Rent; Affordable Dwelling Unit, for Sale; Affordable Housing Agreement; Bonus, Density; Density Bonus Units; Development Standard; Common Interest Development; Emergency and Transitional Housing; Household, Low-income; Household, Lower-income; Household, Moderate-income; Household, Very Low-income; Inclusionary Housing, and Senior Citizen Housing Development. (Ord. No. 05-06) 20.40.030 Inclusionary Housing. The City encourages the production of new dwelling units that will be committed to very low and low-income households. To that end, all new residential development of five (5) or more units is required to include dwelling units that will be available and affordable to very-low- and low-income households, unless the City accepts other means of meeting the intent of this subsection. (Ord. No. 05-06) A. Applicability, General. For all residential development projects of five (5) or more units in the City, including conversions of five (5) or more existing rental units to ownership units, a proportion of the units shall be made affordable to very-low- and lowincome households. Such units shall be termed Inclusionary Housing Units, and shall be reserved for rent or purchase by eligible very-low-income and low-income households. The inclusionary housing unit requirement shall be determined based on the total unit count of a housing development project, as follows: 1. 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 inlieu fee shall not be applicable. 2. Seven (7) Through Thirteen (13) Total Units: At least one (1) inclusionary housing unit.

3. 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. In calculating the numbers of inclusionary housing units to be designated for any applicable housing 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. Housing development projects that incorporate inclusionary housing units shall be required to meet the development criteria listed in subsection 20.40.050 below. B. Applicability, Density Bonus Development. In the case of a housing development project for which a density bonus is sought pursuant to California Government Code Section 65915 and subsection 20.40.040 of this Chapter, the requirement of paragraph A. 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 very-low- income and low-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 of paragraph D.1.f. below, which states that units shall remain permanently restricted and affordable to the designated group. C. Allocation by Income Group.

1. In housing development projects of ten (10) units or more, the number of inclusionary housing units shall be divided evenly between very-lowincome 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-low-income level. 2. In housing development projects of seven (7) through nine (9) units, all inclusionary housing units may be provided at the low-income level. D. Affordable Housing Agreement - Inclusionary: Project sponsors who produce inclusionary housing units that meet the requirements of this subsection shall enter into an Affordable Housing Agreement with the City, for the purpose of assuring continuing affordability of such units. Such Agreement shall be subject to approval by the City Attorney and the City Council, upon recommendation of the Planning and Zoning Commission. 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.

1. Contents: An Affordable Housing Agreement shall include at least the following: a. The total number of units approved for the housing development project. b. A description of any incentive, concession, waiver or reduction that the City agrees to provide. c. The number of affordable dwelling units included in the development project. d. A description of the household income group(s) to be accommodated by the housing development project and the standards for determining affordable rent or affordable sales price and housing cost, including reference to any periodic or other adjustments that are incorporated in the standards. (Refer to income definitions under Household in Section 20.08, Definitions.) e. Specific identification of each affordable dwelling unit, including specific location within the development, unit sizes in square feet, and the number of bedrooms. f. A statement that affordable dwelling units shall remain permanently restricted and affordable to the designated group. g. A time schedule for completion and occupancy of affordable dwelling units. h. Identification of the parties to the Agreement. The City may identify tenants or qualified purchasers as third party beneficiaries under the Agreement. i. Description of remedies for breach of the Agreement.

j. In the case of for-sale housing developments, the Agreement shall provide that: 1) Affordable dwelling units initially shall be sold to and occupied by eligible very-low-income or low-income households at an affordable sales price and housing cost. 2) The initial purchaser of each affordable dwelling unit shall execute an instrument or agreement approved by the City restricting the sale of such unit in accordance with this Chapter during the applicable use restriction period. Such instrument or

agreement shall be recorded against the parcel containing the affordable dwelling unit and shall contain such provisions as the City may require to ensure continued compliance with this chapter and any applicable State law. k. In the case of rental housing development projects, the Agreement shall provide that: l) Affordable dwelling units shall be occupied by eligible very-low- or low-income households at affordable rents. The Agreement shall specify rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies and maintaining such units for qualified tenants on a continuing basis. 2) Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this Chapter. 3) Provisions requiring owners to submit an annual report to the City which includes the name, address, and income of each person occupying affordable dwelling units, and which identifies the size, number of bedrooms and monthly rent of each such unit. l. All conditions attached to planning and zoning approval of the development project. m. Other provisions to assure implementation and compliance with this Chapter. 2. Recordation: 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 creation of housing units 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 assure the economic feasibility of a project. 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 proposed pursuant to Government Code Section 65915 and subsection 20.40.040 of this Chapter, which provide separate regulations on incentives. In order to encourage the on-site inclusion of

affordable units in housing development projects proposed under this subsection, the City, at its discretion, may grant incentives including but not limited to the types listed below. In granting any such incentive the City shall make findings that: a) Exceptional circumstances have been demonstrated that require City assistance, and 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. 1. Modification of Development Regulations: The City recognizes that modification to the following requirements (not listed in any order of priority) could result in financially sufficient, and actual, cost reductions that would facilitate additional inclusionary housing units. Such modifications may be made without a variance, subject to the making of findings a) through c) in this paragraph E.: a. Setback from a street or nonresidential property line.

b. Off-street parking requirement for commercial space in a mixed-use development. c. Maximum lot coverage.

d. Setback from a residential property line, except where a daylight plane is required. 2. Examples of other potential incentives that the city may consider on a case-by-case basis, subject to making findings a) through c) in this paragraph E.: a. Reduction of any architectural design standards or guidelines that exceed minimum building standards established by local or State building standard codes. b. Assistance in design and/or construction of project-related public improvements, such as fronting curbs, sidewalks and tree planting. c. 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.

d. 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 by the City Council 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 housing development to be produced and operated at a separate, detached development site. Such a site shall be considered as part of a single housing development for purposes of this Chapter, 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. Upon approval of the City Council, 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 housing development 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 rental or purchase price, as determined by the City at the time of issuance of a building permit for the housing 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 housing development project, in lieu of providing some or all of the required fifteen (15%) percent affordable inclusionary housing units, upon

finding by the City Council 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 housing 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 housing development. 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 low-income 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 Council 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. (Ord. No. 05-06) 20.40.040 Density Bonus. The City will provide incentives for the production of housing units for eligible households in accordance with California Government Code Sections 65915 through 65918, as described in this subsection. For purposes of this subsection, Housing Development shall have the meaning stated in Government Code Section 65915 (j). Incentives will be in the form of a density bonus plus other incentives or concessions, as described below. As provided by Government Code Section 65915 (g) and (k), neither the density bonus nor the incentives or concessions shall be interpreted, in and of themselves, to require a general plan amendment, zoning change or other discretionary approval. A. Qualification for Density Bonus.

1. To qualify for a density bonus, an applicant shall seek and agree to construct a housing development that includes a proportion of dwelling units designated for very-low-income households, low-income households, or persons

and families of moderate-income, or a senior citizen housing development or mobilehome park, all as specified in Government Code Section 65915 (b). 2. California Civil Code Sections 51.3 and 51.12 provide, among other qualifications, that a senior citizen housing development contain at least thirty-five (35) dwelling units. 3. Any housing development for which a density bonus and related incentives or concessions is proposed shall be planned to achieve the maximum density permitted for the zoning district in which the project would be located, exclusive of the additional density that would result from the bonus. B. Determination of Designated Units. The numbers of units to be designated for eligible households shall be determined as specified in Government Code Section 65915 (b). C. Calculation of Density Bonus.

1. The density bonus shall be a density increase of at least twenty (20%) percent, unless a lesser percentage is elected by the applicant, and no more than thirty-five (35%) percent over the maximum residential density, expressed in units per acre of site area, assigned to a site by the Zoning Ordinance as of the date of application for approval of the housing development project. The amount of density bonus to which the applicant is entitled shall be calculated according to Government Code Section 65915 (g)(1) through (3). See Table H-1 below. 2. For common interest development projects for moderate-income households, where all units in the development are offered to the public for purchase, the density bonus shall be a density increase of at least five (5%) percent, unless a lesser percentage is elected by the applicant, and no more than thirty-five (35%) percent over the maximum residential density, expressed in units per acre of site area, assigned to a site by the Zoning Ordinance as of the date of application for approval of the housing development project. The amount of density bonus to which the applicant is entitled shall be calculated according to Government Code Section 65915 (g)(4). See Table H-1 below. 3. When an applicant for a residential development approval, including a tentative subdivision map or a parcel map, agrees to donate land to the City under terms specified in Government Code Section 65915 (h)(1) and (2), the density bonus shall be a density increase of at least fifteen (15%) percent, unless a lesser percentage is elected by the applicant, and no more than thirty-five (35%) percent over the maximum residential density, expressed in units per acre of site area, assigned to a site by the Zoning Ordinance as of the date of application for approval of the housing development project. A density bonus for land may be in addition to a density bonus calculated in paragraphs 1. or 2. above, but in no case

shall the combined density increase exceed thirty-five (35%) percent. See Table H-1 below. 4. When an applicant proposes to construct a housing development project that qualifies for a density bonus under paragraph A. of this subsection, and includes a child care facility that will be located on the premises of, as part of, or adjacent to the development project, the City will grant either an additional density bonus or an additional concession or incentive, subject to the terms and to conditions stated in Government Code Section 65915 (i). See Table H-1 below. Click Here for Table H-1 5. The applicant for a density bonus shall elect whether the bonus shall be awarded on the basis of which of subparagraph (A), (B), (C), or (D) of Government Code Section 95915 (b)(1). Any density bonus shall be granted only for dedication of the minimum required proportion of units for the particular class of bonus, e.g., five (5%) percent of units for very-low-income, ten (10%) percent of units for lowerincome. Fractional proportions of units shall not qualify for a density bonus. D. Incentives or Concessions. In addition to granting a density bonus to an applicant who qualifies under the terms of paragraph A. above, the City will also provide as many as three (3) incentives or concessions, as defined by Government Code Section 65915 (l). 1. Types of Incentives or Concessions:

a. Concessions that result in identifiable, financially sufficient, and actual cost reductions: 1) Reduction in site development standards, i.e., site or construction conditions that apply to a residential development pursuant to any ordinance, general plan element, specific plan, charter amendment or other City condition, law, policy, resolution or regulation. 2) Modification of zoning code requirements set forth in Section 20.24, Development Standards. The City hereby establishes two (2) classes of potential modifications: a) The City recognizes that modification to the following requirements (not listed in any order of priority) could result in financially sufficient, and actual cost reductions:

(1) Setback from a street or non-residential property line. (2) Off-street parking requirement commercial space in a mixed-use development. (3) Maximum lot coverage. for

(4) Setback from a residential property line, except where a daylight plane is required. b) Where an applicant desires to seek modifications of the following requirements as concessions, the applicant shall be responsible for presenting detailed financial information to demonstrate that such concession would result in necessary, identifiable, financially sufficient, and actual cost reductions that could not be achieved without the concession: (1) Floor-area ratio for commercial space in a mixed-use development. (2) Floor-area ratio for residential space.

(3) Combined floor-area ratio of a mixed-use development. (4) Height limit within a commercial district, except within fifteen (15) feet of a street right-of-way line. (5) Height limit within a commercial district, abutting a street right-of-way line. (6) Setback requirement or height limit where a daylight plane is required. (7) (8) Minimum usable open space. Height limit in a residential district.

(9) Reduction of off-street parking ratios below those that may be approved pursuant to Government Code Section 65915 (p).

3) Modification of architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code. 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 with 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 applicant or the City that result in identifiable, financially sufficient and actual cost reductions. d. At the Citys sole discretion, direct financial incentives including the provision of publicly owned land, or the waiver of fees or dedication requirements. Any such incentives would require that the project comply with legal requirements regarding prevailing wage. 2. Number of Incentives or Concessions to be Provided: The number of incentives or concessions will depend upon the proportion of units proposed to be dedicated and how those units are allocated among qualifying groups, according to the formulas stated in Government Code Section 65915 (d)(2), and shall not exceed a total of three (3) concessions or incentives for any development project. See Table H-2 below. Click Here for Table H-2 3. Findings for Denial of Incentives or Concessions: The City shall provide incentives or concessions as requested unless the City makes a written finding, based upon substantial evidence, of either of the following: a. The concession or incentive is not required in order to provide for affordable housing costs, as defined in California Health and Safety Code Section 50052.5, or the rents for the targeted units to be set as specified in Government Code Section 65915 (c). b. The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5 (d)(2) upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or

avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. 4. Project-Specific Action. City approval of any incentive or concession in conjunction with a density bonus shall be applicable only to the project or development for which an application is submitted, and shall not have the effect of amending the General Plan, the zoning ordinance, any development standard or other regulation or policy, as such may apply generally in the City or to other developments that exist or may exist in the future. E. Other Waivers or Reductions.

1. An applicant may submit to the City a proposal for waiver or reduction of any development standard that will have the effect of precluding the construction of a housing development project that qualifies, under paragraph A. of this subsection, for a density bonus and concessions(s) or incentives(s). A development standard shall be defined as in paragraph D.1.a.1) above. 2. The applicant shall submit evidence, including relevant financial data, to demonstrate that the waiver or reduction is necessary to make the development of affordable housing units economically feasible. 3. The City may approve such waiver or reduction, without requirement of a variance, upon the finding that, without such waiver or reduction, the development standard will have the effect of precluding the construction of the affordable housing units that would qualify the development project for a density bonus. 4. The City is not required to approve such a proposal if the City finds that the waiver or reduction would have a specific, adverse impact, as defined in Government Code Section 65589.5 (d) (2), upon health, safety, or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. F. Off-Street Parking.

1. Notwithstanding the provisions of Section 20.28 of this Chapter, the City will permit, if specifically requested by an applicant for approval of a housing development project that qualifies for a density bonus under paragraph A. of this subsection, an off-street parking ratio, inclusive of handicapped and guest parking, to be limited, without requirement of a variance, to the ratios mandated by Government Code Section 65915(p), as follows: a. space Zero (0) to one (1) bedroom: one (1) on-site parking

b. spaces

Two (2) to three (3) bedrooms: two (2) on-site parking two and one-half (2-1/2)

c. Four (4) and more bedrooms: on-site parking spaces

2. Off-street parking spaces provided pursuant to this paragraph may be arranged in tandem and may be uncovered. G. Affordable Housing Agreement - Density Bonus: Applicants for density bonuses shall enter into an Affordable Housing Agreement with the City, for the purpose of assuring continuing compliance with applicable provisions of Government Code Section 65915 and all applicable regulations and conditions of the City. Such Agreement shall be subject to approval by the City Council, upon recommendation of the Planning and Zoning Commission. 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 as specified in subsection 20.40.030.D.1 above, except that the requirements of paragraphs f., j., and k. thereof shall be replaced by the requirements of paragraphs 1. and 2. below: 1. An applicant who seeks a density bonus for rental units targeted for lower-income and very low-income households shall agree to continued affordability under the terms specified in Government Code Section 65915(c)(1). 2. An applicant who seeks a density bonus for moderate-income units in a common interest development project shall agree that: a. The initial occupants of the moderate-income units that are directly related to the receipt of the density bonus are persons and families of moderate-income, as defined in Section 50093 of the Health and Safety Code, and that the units are offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code. b. An equity-sharing agreement, to be enforced by the City, shall apply to resale of the units, which shall be subject to the terms specified in Government Code Section 65915(c)(2)(A) through (C). H. Application Procedures for Density Bonus. 1. General. a. The granting of a density bonus is exempted, by Government Code Section 65915, from discretionary approvals. However, elements of housing development proposals may be subject to discretionary approvals or other procedures set forth in Section 20.100.

b. All incentives or concessions that may be proposed pursuant to the requirements of Government Code Section 65915 shall be subject to final action by the City Council. 2. Preapplication Review. Prior to filing an application for a density bonus and concessions pursuant to Government Code Section 65915 and this subsection, an applicant shall participate with City staff in a preliminary review of project plans and the justifications for any concessions requested. The Community Development Director may determine that such review be held with the Planning and Zoning Commission, in a publicly noticed meeting. 3. Application Requirements. An applicant for a density bonus pursuant to Government Code Section 65915 and this subsection shall submit an application for any discretionary approval required by this Chapter for the proposed development project. If no discretionary action is required, the applicant shall submit a Zoning Clearance application for City review of the proposed density bonus. All applications for development projects that propose a density bonus shall include the following items, in addition to other materials that may be required by the City: a. b. The desired density increase; Additional incentive(s) or concession(s) requested;

c. Any waivers or reductions in development standards that are requested in addition to proposed incentives or concessions; d. The number, type, location, size and construction scheduling of all units; e. A project financial report to allow the City to evaluate the financial need for the specific incentive(s) or concession(s) requested, and to demonstrate that any requested waiver or reduction of zoning, development or building standards is necessary to make the development of affordable housing units economically feasible. f. Any other relevant information that the Community Development Director may determine to be necessary in the evaluation of the proposal. 4. Review of Application. An application for a development project that includes a density bonus and incentives shall be reviewed and acted upon according to procedures described in Section 20.100, except that, following the rendering of a recommendation by the Planning and Zoning Commission, the City Council shall be the decision-making body on all applications involving a density

bonus. The City Council shall have the final authority to deny requested incentives or concessions with the findings required by Government Code Section 65915. 5. Waiver or Reduction of Conditions of Project Approval: If the applicant can demonstrate, based on verifiable financial information, that any development standard that is applied as a condition of a City action on a housing development project that qualifies for a density bonus would preclude construction of the development project by making the housing units economically infeasible, the applicant may request that the City Council waive or reduce such condition. City actions that might contain conditions include: approvals of a use permit, a tentative subdivision map or design review. The City Council shall either grant such a request or make a finding pursuant to paragraph E.4. above. (Ord. No. 05-06) 20.40.050 Development Criteria. The following criteria shall apply to housing development projects that contain affordable dwelling units created pursuant to Subsections 20.40.030 and/or 20.40.040 above. A. Affordable dwelling 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 dwelling units shall be dispersed throughout the project site.

C. Affordable dwelling 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 dwelling units. D. The design and appearance of affordable dwelling units shall be compatible with the design of the total housing development, and with the context of the surrounding neighborhood. E. Other development criteria and requirements may be established as conditions of project approval, and all such conditions shall be incorporated into the Affordable Housing Agreement. (Ord. No. 05-06) 20.40.060 Disabled Persons Housing. 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) 2) 3) 4) Applicants name, address and telephone number. Address of the property for which the request is made. The current use of the property. 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. 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. (Ord. No. 05-06) 20.40.070 Emergency and Transitional Housing. 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 and transitional housing facilities, including facilities that meet the description of Homeless Shelter in subsection 20.16.050.E.

A.

Applicability.

1. General. An emergency or transitional housing facility may be located in the zoning district or districts where such use is listed in subsection 20.12.040, Table 1, with the approval of a major use permit by the Planning and Zoning Commission under procedures stated in subsection 20.100.030.B.2. B. Physical Characteristics. Applicants for approval of a use permit for emergency or transitional housing facilities 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 or transitional housing facility, as measured between the closest points of the property boundaries involved. 4. The facility has exclusive use of a minimum of one (1) off-street parking space plus one (1) space for each two (2) employees. C. Programmatic Characteristics. Applicants for approval of emergency or transitional housing facilities 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. (Ord. No. 05-06) 20.40.080 Housing Provisions.

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 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. (Ord. No. 09-011 21) SECTION 20.44 NONCONFORMING USES, STRUCTURES AND LOTS

20.44.010 Purpose and Applicability. 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. (Ord. No. 04-09) 20.44.020 Status and Continuation of Nonconformity. 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. (Ord. No. 04-09) 20.44.030 Maintenance and Alteration of Nonconformity. 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. 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 2.A, 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. (Ord. No. 04-09) 20.44.040 Abandonment of Nonconforming Use. 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. (Ord. No. 04-09) 20.44.050 Restoration of Damaged Structures. 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. 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. (Ord. No. 04-09) SECTION 20.48 REMOVAL OF TREES 20.48.010 Purpose. 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. (Ord. No. 78-07, 503; Ord. No. 04-09) 20.48.020 Applicability. 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. (Ord. No. 78-07, 503.1; Ord. No. 04-09) 20.48.030 Tree Removal Permission. 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. (Ord. No. 04-09)

20.48.040 Appeals. 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. (Ord. No. 78-07, 503.3; Ord. No. 04-09) 20.48.050 Emergency Approval. 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. (Ord. No. 78-07, 503.4; Ord. No. 04-09) 20.48.060 Exceptions. 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. (Ord. No. 78-07, 503.5; Ord. No. 04-09) SECTION 20.52 FLOOD DAMAGE PREVENTION REGULATIONS 20.52.010 Purpose. 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. (Ord. #79011, 505; Ord. #01-03) 20.52.020 Definitions (A-Z). 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 fanshaped 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. 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 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. 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. 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: 1. 2. 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 4. 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 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. 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 lightduty 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 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. 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. 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. (Ord. No. 79-011, 505.1; Ord. No. 01-03; Ord. No. 04-09) 20.52.030 General Provisions.

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. 2. Considered as minimum requirements; 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 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. 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. (Ord. No. 79-011, 505.2; Ord. No. 01-03; Ord. No. 04-09) 20.52.040 Administration. 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. 2. If applicable, the location of the regulatory floodway; and

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. 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. damage; The danger to life and property due to flooding or erosion

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 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. 3. 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 (elevation or floodproofing of nonresidential structures); 20.52.060A.3.b

c. Certification required by subsection 20.52.060A.3 (wet floodproofing standard); d. Certification of elevation 20.52.060C.2 (subdivision standards); required by subsection

e. Certification required by subsection 20.52.060G.1 (floodway encroachments); f. Information required by subsection 20.52.060H.6 (coastal construction standards); and 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. (Ord. No. 79-011, 505.3; Ord. No. 01-03; Ord. No. 04-09) 20.52.050 Permit Approval, Variances and Appeals. 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, 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.15 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. (Ord. No. 79-011, 505.4; Ord. No. 01-03; Ord. No. 04-09) 20.52.060 Flood Hazard Reduction Standards. 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; 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 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. 2. Outside of a manufactured home park or subdivision, 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 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 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. 6. 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. (Ord. No. 04-09) SECTION 20.56 CAPITAL FACILITIES FEE. 20.56.010 Purpose and Authority. 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. (Ord. No. 89-004, III; Ord. No. 91-06; Ord. No. 04-09) 20.56.020 Description. 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. (Ord. No. 89-004, III; Ord. No. 91-06; Ord. No. 04-09) 20.56.030 Definitions (A-Z). 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 secondary dwelling units, or an addition to the gross floor area of a residential structure or an accessory structure. (Ord. No. 89-004, III; Ord. No. 91-06; Ord. No. 04-09) 20.56.040 Limited Use of Fees. 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. (Ord. No. 89-004, III; Ord. No. 91-06; Ord. No. 04-09) 20.56.050 Developer Construction of Facilities. 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. (Ord. No. 89-004, III; Ord. No. 91-06; Ord. No. 04-09) SECTION 20-58 ART IN PUBLIC PLACES PROGRAM 20.58.010 Purpose. 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. (Ord. No. 07-04 1) 20.58.020 Definitions. 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. (Ord. No. 07-04 2) 20.58.030 Exemptions. 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.* 2. Projects that are determined by the Community Development Director to be exempt from Design Review, pursuant to Section 20.100.050B.2. 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. (Ord. No. 07-04 3) 20.58.040 Art in Public Places Program Requirement. 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 XVIII (Nuisances) of the Municipal Code. (Ord. No. 07-04 4) 20.58.050 Art in Public Places Fund. 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 co-mingled 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 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 XII of the Municipal Code) or Planning and Zoning Regulations (Chapter XX 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. (Ord. No. 07-04 4) 20.58.060 Maintenance and Relocation. 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. (Ord. No. 07-04 6) 20.58.070 Implementation Procedures. 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. 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. quality; The Public Art Feature is an original work of high aesthetic

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. Art Feature. There is reasonable public accessibility or visibility to the Public

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. (Ord. No. 07-04 7) 20.58.080 Hardship or Infeasibility Exemption. 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 decision-making 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. (Ord. No. 07-04 8) SECTION 20.60 CONDOMINIUM AND OTHER COMMUNITY HOUSING CONVERSIONS 20.60.010 Purpose. 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. (Ord. No. 80-02, 504; Ord. No. 04-09) 20.60.020 Applicability. 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. B. C. holders. Any condominium project containing two (2) or more condominium units; Any community apartment project containing two (2) or more apartments; Any stock cooperative having or intended to have two (2) or more share-

The term "condominium", as used in this section is intended to include all three (3) types of community housing. (Ord. No. 80-02, 504.1; Ord. No. 04-09) 20.60.030 Items to Accompany Tentative Map. 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 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. 2. 3. 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. 6. covers; 7. 8. Financing available, and Names and addresses of all tenants. Proposed sale price of units; Proposed Homeowners' Association fee and what services the fee Square footage and number of rooms in each unit; Rental rate history for each type of unit for previous five (5) years; Monthly vacancy rate for each month during preceding two (2)

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. (Ord. No. 80-02, 504.2; Ord. No. 90-07, I; Ord. No. 04-09) 20.60.040 Items to Accompany Final Map. 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. 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. (Ord. No. 80-02, 504.3; Ord. No. 04-09)

20.60.050 Requirements for Approval, Physical. 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. 4. 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. 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. (Ord. No. 80-02, 504.4; Ord. No. 04-09) 20.60.060 Requirements for Approval, Non-Physical. 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 income1, senior citizen2 or disabled3 tenants, and will not delete a significant number of low and moderate income rental units4 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. (Ord. No. 80-02, 504.5; Ord. No. 04-09) 20.60.070 Application Review and Evaluation. 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 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. (Ord. No. 80-02, 504.5; Ord. No. 04-09) 20.60.080 Provision for Tenants. 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 tenantoccupied 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 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 onehalf (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 (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. (Ord. No. 80-02, 504.6; Ord. No. 04-09) SECTION 20.64 20.64.010 WATER REUSE

Purpose.

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. (Ord. #06-018) 20.64.020 Definitions.

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).) (Ord. No. 06-018) 20.64.030 Use and Distribution of Recycled Water.

The use and distribution of recycled water shall be in accordance with applicable Federal, State and local laws and regulations. (Ord. No. 06-018) 20.64.040 Requirement for Subdivisions in Recycled Water Area.

Projects involving subdivision of land for which a tentative map or parcel map is required pursuant to California Government Code Section 66426 and Chapter XXII 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. (Ord. No. 06-018) 20.64.050 Requirement for Nonsubdivision Projects and Projects Outside the Recycled Water Area. 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 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. (Ord. No. 06-018) 20.64.060 Agreement Between Recycled Water Producer and Water Supplier.

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. (Ord. No. 06-018)

SECTION 20.68.010

20.68

GREEN BUILDING AND LANDSCAPING REGULATIONS

BAY-FRIENDLY

Purpose.

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. (Ord. No. 06-016) 20.68.020 Definitions.

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. 20.68.030 Standard for Compliance.

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. B. C. D. E. Types of projects subject to regulation Guidelines or checklists to be applied to various types of projects Minimum threshold of compliance for various types of projects; and Timing and method of verification of compliance with regulations 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. (Ord. No. 06-016) 20.68.040 Promulgation of Implementing Regulations.

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. (Ord. No. 06-016) 20.68.050 Hardship or Infeasibility Exemption.

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 fully meet the requirements of this section, they shall so notify the applicant in writing. (Ord. No. 06-016) 20.68.060 Appeal.

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 20.68.060. 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. (Ord. No. 06-016) 20.68.070 Severability.

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. (Ord. No. 06-016) SECTION 20.100 PROCEDURES 20.100.010 Common Permit Procedures. A. Purpose. This section consolidates the common requirements of applications, procedures and public hearings for seven types of permits and review processes:

Zoning clearances; Minor use permits; Major use permits; Variances; Design review; Amendments to the zoning text and zoning map; and Appeals. Additional requirements for each review procedure are included in subsequent sections that address individual procedures. B. Application Forms. To apply for a permit or review procedure a qualified applicant must complete an application form and file the form with the Community Development Department. 1. Establishment of Application Form. Application forms shall be established by the Community Development Department and made available to the public. 2. Contents of Application Form. The contents of application forms will be determined by the Community Development Director and shall call for information necessary to review and process the application. After reviewing an application, the Community Development Director may request additional information if needed to make a decision. C. Fees.

1. Purpose and Application. This subsection is adopted to ensure that the City is reimbursed for its costs of providing services to applicants for development projects and to the extent advisable, provide uniformity with respect to such provisions. The provisions hereof shall apply to all such projects except to the extent that more specific state or local regulations preempt its application. Processing fees and deposits shall be set at an amount that adequately defrays the cost of processing applications and environmental reviews or other studies and reports that are necessary. 2. Definitions. As used in this section:

a. Development means the same as that set forth in Government Code Section 65927; however, the term shall include a change of organization as defined in Government Code Section 56021. b. Development Project means any project undertaken for the purpose of development, including the issuance of a permit or approval for construction, reconstruction, use, or operation whether or not the permit or approval is ministerial or discretionary in nature. Examples of

development projects include, but are not limited to, general plan amendments, rezoning, permits, approvals, use permits, variances, design review, operations amendments, improvement payback fees, utility related fees, franchise related fees, and such other permits issued for activities or work undertaken pursuant to the Albany Municipal Code. c. Processing Fee or Processing Costs means the charges for staff time, transmission and communication costs including, but not limited to, charges for postage, telephone, fax, transportation, etc., as well as the costs of production or reproduction of materials, exhibits, etc. used in the investigation, processing, inspection or review of development projects or the enforcement of regulations and conditions to development projects. d. Staff means and includes the employees, agents, and consultants of the City. 3. Billing Rates. The hourly rate to be billed by City staff shall be periodically set by resolution of the City Council; other processing costs shall be at rates set by resolution of the City Council (e.g. costs of reproduction) or at direct cost to the City (e.g. postage). Such rates shall not exceed the costs (direct and indirect) of the services provided. Consultant shall be billed at the rate and for the expenses charged to the City plus any allocable overhead. 4. Billing Records. All processing costs associated with the investigation, processing, inspection or review of development projects, or the enforcement of applicable regulations and conditions to development projects shall be recorded and charged to each such project. 5. Payment of Processing Fees.

a. No application for a development project may be filed without a deposit in an amount estimated to cover processing costs unless payment of processing fees have been waived by action of the City Council, reduced or deferred as per an agreement, or the land use is exempt from payment of such fees. The City shall make subsequent periodic invoices to ensure that the balance in the project account remains sufficient to cover anticipated processing costs and it shall be the responsibilities of those liable for payment to make such payments. At the discretion of the City, an applicant may be required to execute a reimbursement agreement in a form acceptable and approved by the City Attorney. Any such agreement shall comply with subsection 20.100.010N, Indemnification. Waiver, reduction, or deferral of fees may be considered at the sole discretion of the City in situations where the applicant can demonstrate

that (a) the fee waiver, reduction, or deferral substantially contributes to achieving the goals and objectives of the City of Albany General Plan, or (b) that costs of processing are significantly different that typical applications of the same type. b. Each applicant for or operator of a development project, as well as the owner of the subject property, if different, shall be liable for payment of all processing fees associated with the development project. c. Processing fees are not refundable except when the Community Development Director determines that a fee was received in error, or the fee paid exceeded the amount due, in which case the amount of overpayment will be refunded to the applicant. 6. Lien on Subject Property.

a. The Finance Director may notify an applicant or operator and, if different, the owner of the subject property, of the failure to comply with subsection 20.100.010C.5, the amount outstanding, and of the fact that if not paid, the processing fees shall become a lien against the property. Such notice shall be given by registered or certified mail upon the owner or owner's agent, as shown on the last equalized assessment roll. Service on one (1) property owner in multiple ownership shall be deemed in compliance with this section. If an address for owner cannot be reasonably obtained, the notice required by this section may be given by posting the subject property. b. Within ten (10) days from the date of posting, or date of registered or certified mail service, the applicant or operator, and if different, the owner or any person interested in the property may appeal to the Council by filing a written appeal with the City Clerk, setting forth in detail the reasons for appeal. The Council shall hear from the appellant and thereafter pass upon such appeal. The decision thereon shall be final and conclusive. c. At the expiration of the time set or appeal or upon determination of the Council upon appeal, the processing fees due and owing shall become a lien upon the subject property. 7. Failure to Pay Processing Fees.

a. As a separate, distinct and cumulative remedy established for the violation of subsection 20.100.010C.5, any City body with the authority to approve or conditionally approve or deny a development project, may deny such project without prejudice if after notice the responsible party(ies) fail to comply with subsection 20.100.010C.5. The

applicant and/or operator shall be given not less than ten (10) calendar days mailed notice of the City's intent to take such action. b. As a separate, distinct and cumulative remedy established for the violation of subsection 20.100.010C.5, the Planning Director, Public Works Director, Chief Building Official or Code Enforcement Officer, may issue a stop work order if the job site has previously been posted with a notice of intent to issue a stop work order for failure to comply with subsection 20.100.010C.5. The stop work order shall be served by posting a copy of the order on the subject property. In addition, a copy of such notice shall be promptly mailed to the applicant or operator and, if different, the owner of the subject property as shown on the last equalized assessment roll. Such order shall become effective immediately upon posting of the notice. After service of a stop order, no person shall perform any act with respect to the subject property in violation of the terms of the stop order, except such actions as the City determines are reasonably necessary to render the subject property safe and/or secure until the violation has been corrected. c. As a separate, distinct and cumulative remedy established for the collection of processing fees, an action may be brought in the name of the City, in any court of competent jurisdiction to enforce the lien established by subsection 20.100.010C.6. In such action, the City shall be entitled to attorney's fees to enforce its lien provisions. d. As a separate, distinct and cumulative remedy established for the collection of processing fees, a civil action may be brought. The Finance Director, or his/her designee, may bring a small claims action in the name of the City to collect the fees owing pursuant to subsection 20.100.010C.5. D. Common Procedures for Review of Applications.

1. Consolidated Applications. Multiple applications filed at the same time for a single project may be consolidated for review, except as otherwise stated in this Chapter. 2. Receipt of Application. Staff in the Community Development Department shall stamp each application and its supporting material with the date it is received. 3. Completeness of Application. The following paragraphs (a) through (d) are intended to implement certain provisions of the California Permit Streamlining Act, specifically Government Code Section 65943. The procedure described is applicable only to applications for discretionary permits for construction or reconstruction, and does not apply to permits to operate that do

not involve a physical change to the environment or the density or intensity of land use. a. Determination of Completeness of Application for a Development Project. Within thirty (30) calendar days of receipt of an application for a development project, the Community Development Director shall review the application to determine whether the application is complete, and shall send a written notice of such determination to the applicant. If the Community Development Director determines that the application is incomplete, the written notice shall specify the information necessary to make the application complete. Within thirty (30) calendar days of receipt of additional submitted materials, the Community Development Director shall review the application to determine whether the application is then complete, and shall send a written notice of such determination to the applicant. b. Appeal of Completeness Determination. If following the additional submittal the Community Development Director has determined that the application is not complete, the applicant may appeal that determination to the Planning and Zoning Commission by filing a written notice of appeal with the Community Development Director, within ten (10) calendar days of the applicants receipt of the written determination. Within sixty (60) calendar days after receipt by the City of the notice of appeal, the Planning and Zoning Commission shall issue a written determination on the appeal. The decision of the Planning and Zoning Commission shall be final and shall not be appealable. If a determination is not made during the sixty (60)-day period following receipt of the appeal, the application with the submitted materials shall be deemed complete. c. Extension of Time Limits. Nothing in this subsection precludes an applicant and the City from mutually agreeing to an extension of any time limit provided by this subsection. d. Acceptance of Application and Scheduling of Public Hearing. If and when an application is deemed to be complete and accurate, then the Community Development Director shall accept it for filing. If an application requires a public hearing, and if any required environmental review has been completed, the Community Development Director shall schedule the public hearing before the appropriate reviewing body. The public hearing shall be scheduled to allow sufficient time for preparation of the staff report and for fulfillment of the public notice requirements in this section. The scheduling of applications for decision shall be consistent with the time deadlines imposed by the Permit Streamlining Act in Government Code Section 65950.

4. Staff Report. After an application is determined complete, and any required environmental review has been completed, the Community Development Department staff will review the application, and prepare a staff report that states whether the application complies with all appropriate standards of this chapter. The staff report shall be mailed to the applicant and made available to the public no later than four (4) calendar days before the first scheduled public hearing on the application. 5. Withdrawal of Application. A request for withdrawal of application shall be submitted in writing to the Community Development Director. E. Notice of Public Hearings. The Community Development Department shall provide notice of any public hearings required as part of the application process. 1. State Requirements. Notice shall be provided in accord with the California Government Code, as stated in Sections 65090 and 65091 thereof. 2. Special Requirements for Large Family Day Care Home. Refer to subsection 20.20.020 B. for requirements for public notice and hearing on a Minor Use Permit for a Large Family Day Care Home. 3. information: Contents of Notice. All notices shall provide the following

a. The date, time, place of the public hearing, as well as the identity of the hearing body. b. A general explanation of the matter to be considered.

c. A general description, by text or diagram, of the real property that is the subject of the hearing. d. The address and phone number where interested parties may contact for further details. e. A statement that interested parties may submit comments on any aspect of the application in writing or verbally at the public hearing. f. Other information required by statute, required by specific provisions of this Chapter, or determined necessary by the Community Development Director. 4. Notice Requirements for Residential Design Review.

a. Posting. The applicant shall post notice in a conspicuous location on the project site regarding a scheduled design review meeting at least ten (10) calendar days prior to the meeting. Posting shall be consistent with procedures established by the Community Development Department. b. Mailing. The Community Development Department shall mail such notice to all owners and occupants of any property, any portion of which lies within one hundred (100) feet of the external boundaries of the project site, at least (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 singlefamily building and are subject to design review, an applicant is required to erect at least two story poles, a temporary construction for the purpose of visually displaying the outer limits, including the height, of the proposed structural alterations. These poles shall be erected at least ten (10) days prior to the design review meeting, and shall be maintained in place through the date of the meeting. F. Public Hearing Procedures. The City Council may adopt by ordinance or resolution specific procedures for public hearings conducted by the Community Development Director, Planning and Zoning Commission and the City Council. If multiple applications are filed for a single site and have been consolidated for review, then required hearings in front of the same hearing body may be consolidated as well. G. Environmental Review. All development projects except those determined to be ministerial projects or exempt statutorily or categorically, and all zoning text and map amendments, are subject to environmental review under the California Environmental Quality Act (CEQA) and any related regulations adopted by the City. For purposes of this paragraph, project shall be as defined by California Public Resources Code Section 21065. H. Effective Dates.

1. Amendments to the Zoning Ordinance. Amendments to the zoning text or zoning map shall become effective thirty (30) calendar days following the adoption of an ordinance by the City Council, unless otherwise adopted in accordance with the law. 2. Use Permits, Variances, Design Review and Appeals. Actions of the Community Development Director or the Planning and Zoning Commission on use permits, variances, design review and appeals shall become final and effective fourteen (14) calendar days following the action, unless an appeal has been filed.

I. Transfer of Use Permit, Variance or Design Review. Once the work authorized by a use permit, variance or design review approval is completed, the authorizing action shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the authorizing action. J. Modifications. Minor changes in a proposed project may be approved by the Community Development Director. A request for changes in the terms or conditions of an approved permit, variance, or other approval, or for substantial changes in the proposed project, shall be treated as a new application. In determining whether the changes are minor or substantial, the Community Development Director shall consider the characteristics of the proposed project, the site, the surrounding areas, and the potential impacts of the proposed modification. If changes in a proposed project that has been approved by the Planning and Zoning Commission are determined to be substantial, such changes must be considered by the Planning and Zoning Commission. K. Expiration of Permit.

1. Original Term. A use permit, variance or design review approval shall expire one (1) year after its date of final approval, or at an alternate time specified as a condition of approval, unless: a. A building permit has been issued and construction diligently pursued; or b. c. d. renewed. A certificate of occupancy has been issued; or The use is established; or The use permit, variance or design review approval is

2. Renewal. A use permit, variance or design review approval may be renewed by the Community Development Director for a period up to an additional two (2) years, provided that, at least ten (10) days prior to expiration of one (1) year from the date when the approval becomes effective, an application for renewal of the approval is filed with the Community Development Department. The Community Development Director may grant a renewal of a use permit variance or design review approval where there is no change in the original application, or there is no request to change any condition of approval. 3. Substantial Change. A renewal application involving any substantial change from the original application or approval conditions shall be treated as a new application for a conditional use permit, and shall be subject to all application provisions of this Chapter.

4. Expiration by Default. If approval of a use permit, variance or design review is allowed to expire, a new application shall be required. L. Resubmission of Application.

1. Whenever an application for a permit or an amendment of text or map is denied, and the action is not reversed through appeal pursuant to subsection 20.100.080, no further application for the same use on the same property shall be filed for a period of one (1) year from the date of denial, except in the following cases: a. Without Prejudice. An applicant may resubmit an application at any time, without making substantial changes, if the application was denied "without prejudice," i.e., exempt from the one (1) year delay for resubmission. b. Determination of Substantial Change. If the Community Development Director determines that a substantial change in circumstances relative to the site has occurred, the decision-maker or body that took the action to deny the application may give permission for resubmission of the application prior to the expiration of the one (1) year period. Examples of substantial change may include, but not be limited to, change in the size or configuration of proposed buildings, revised traffic flow, or an amendment of the General Plan or the Zoning Ordinance that affects the site. c. Initiation of Amendment. In the case of a denial of a request for a zoning text or map amendment, the one (1) year delay shall not apply if the Planning and Zoning Commission or the City Council initiates new consideration of the proposed amendment. 2. Any resubmission of an application shall be processed in the same manner as a new application, and the processing fees in effect at the time of the resubmission shall be assessed. M. Enforcement.

1. Permits; Licenses; Certificates; and Approvals. All persons or bodies empowered by the Municipal Code to grant permits, licenses, certificates, or other approvals shall comply with the provisions of this chapter and grant no permit, variance, nor other approval in conflict with these provisions. Any permit, variance, or approval granted in conflict with any provision of this ordinance shall be void. 2. Revocation of Discretionary Permits.

a. Determination of Community Development Director; Establishment of Revocation Hearing. If the Community Development Director determines that there are reasonable grounds for revocation or modification of a permit, variance, design review approval, or other discretionary approval authorized by this ordinance, then a revocation hearing shall be set before the official or the body that took final action on the permit, except for appeals. b. Notice for Public Revocation Hearing. Notice for the revocation hearing shall be given in the same manner as required for the original public hearing, if a public hearing was required. c. Conduct of Revocation Hearing. The official or the body conducting the revocation hearing shall hear testimony of City staff, the owner of the use or structure for which the permit, variance, or approval was granted, if present, and other interested parties. A public hearing may be continued without additional public notice. d. Required Findings. The official or the body conducting the hearing shall revoke or modify the permit upon making one or more of the following findings: 1) The permit was issued on the basis of erroneous or misleading information or misrepresentation; 2) The terms or condition(s) of approval of the permit have been violated or other laws or regulations have been violated; 3) There has been a discontinuance of the exercise of the entitlement granted by the permit for six (6) consecutive months; or 4) The use is being conducted contrary to the public's health, safety, or welfare. e. Decision and Notice. Within thirty (30) days of the conclusion of the hearing, the official or the body that conducted the revocation hearing shall render a decision, and shall mail notice of the decision to the owner of the use or structure for which the permit was revoked and to any other person who has filed a written request for such notice. f. Effective Date. A decision to revoke a discretionary permit shall become final fourteen (14) days after the date of the decision, unless appealed.

g. Right Cumulative. The city's right to revoke a discretionary permit, as provided in this section, shall be cumulative to any other remedy allowed by law, and may be invoked without regard to any other proceedings related to the same property. 3. Prosecution of Violations; Penalties.

a. Prosecution of Violation. Any person, firm, or corporation violating any other provisions of this Chapter, including failure to secure a permit or comply with any condition of approval, shall be guilty of an infraction, and each day or portion thereof that such violation is in existence shall be a new and separate offense. In these cases, the fourth and any additional violations within one year shall each constitute a misdemeanor. In addition, the City Attorney shall, upon order of the City Council or City Administrator, commence action or proceedings for the abatement, removal, and enjoinment of any violation in the manner provided by law. b. Penalties. Any person, firm, or corporation who violates any provision of this ordinance and is convicted of an infraction shall be punished by fines as prescribed in Government Code Section 36900 or as thereafter amended or other penalties as lawfully imposed. Any person, firm, or corporation who violates any provision of this chapter and who is convicted of a misdemeanor for the violation shall be punishable by fines as prescribed by Government Code Section 26900 or six (6) months in jail, or both. Payment of any fine or penalty shall not relieve a person, firm, or corporation from the responsibility of correcting the condition consisting of the violation. c. Penalties cumulative. The imposition of any penalty, as provided in this section, shall be cumulative to any other remedy allowed by law. N. Indemnification. 1. Indemnification Agreement. a. All applications requesting a discretionary permit, approval, or environmental review shall include the applicant agreeing, as part of the application, to defend, indemnify, and hold harmless the city and its agents, officers, attorneys and employees from any claim, action, or proceeding (collectively referred to as "proceeding") brought against the City or its agents, officers, attorneys or employees to attack, set aside, void, or annul:

1)

Any such approval of the City; and/or

2) An action taken to provide environmental clearance under the California Environmental Quality Act (CEQA) by its advisory agencies, appeal boards, or City Council. The indemnification agreement shall be in a form acceptable to the City Attorney and shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorneys 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 Citys costs, fees, and damages which the City incurs in enforcing the indemnification provisions of this section. b. Also at the time of submitting an application, the applicant shall agree, as part of the application, to defend, indemnify and hold harmless the City, its agents, officers, employees and attorneys for all costs incurred in additional investigation of or study of, or for supplementing, redrafting, revising, or amending any document (such as an EIR, negative declaration, specific plan, or general plan amendment) if made necessary by said proceeding and if the applicant desires to pursue securing such approvals and/or clearances, after initiation of the proceeding, which are conditioned on the approval of these documents. c. In the event that a proceeding described in paragraph 1.a. or 1.b. of this subsection, or in paragraph 2. of this subsection, is brought, the City shall promptly notify the applicant of the existence of the proceeding and the City will cooperate fully in the defense of the proceeding. Nothing in this section shall prohibit the City from participating in the defense of any proceeding. d. In the event that the applicant is required to defend the City in connection with any proceeding described in paragraph 1. of this subsection, or in paragraph 2. of this subsection, the City shall retain the right to approve: 1) The counsel to so defend the City;

2) All significant decisions concerning the manner in which the defense is conducted; and 3) Any and all settlements, which approval shall not be unreasonably withheld.

The City shall also have the right not to participate in the joint defense, except that the City agrees to cooperate with the applicant in the defense of the proceeding. If the City does not participate in the joint defense and chooses to have counsel of its own defend any proceeding where the applicant has already retained counsel to defend the City in such matters, the fees and expenses of the counsel selected by the City shall be paid by the City. Notwithstanding the immediately preceding sentence, if the City Attorneys 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 councils (or commissions) 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 Citys costs, fees, and damages which the City incurs in enforcing the indemnification provisions set forth in this section. (Ord. No. 04-09; Ord. No. 06-08 1) 20.100.020 Zoning Clearances. A. Purpose. Zoning clearances are intended to ensure compliance with the regulations and standards of this Chapter through nondiscretionary, administrative review by the Community Development Director. B. Applicability.

1. General Requirement. A zoning clearance shall be required prior to issuance of a building permit or business license, except where other approvals are required by this Chapter. 2. Requirement for Signs, Home Occupations, and Tree Removal. A zoning clearance shall be required for certain new or expanded signs; for home occupations; and for tree removal in the HD Zoning District. C. Procedures and Standards of Review. Approval of zoning clearances shall be subject to the common procedures in subsection 20.100.010. In addition, approval is subject to the following procedures and standards of review: 1. General Procedures. The Director of Community Development shall grant a zoning clearance upon determining that the proposed development complies with the applicable regulations and standards of this Chapter. In the case of any non-compliance with said regulations and standards, the application shall be considered by the Planning and Zoning Commission through the appropriate process. 2. Applications for Home Occupations. The Community Development Director shall review all applications for home occupations and shall approve applications that comply with the regulations and standards for home occupations in subsection 20.20.040. Review may include an inspection of the site of the home occupation. 3. Applications for Tree Removal (HD Hillside Development Zoning District Only). Zoning clearance applications for tree removal in the HD Zoning District shall be approved only if they are in accord with the following standards:

a. No Unnecessary Tree Removal. Living trees on undeveloped property shall be retained unless their removal is necessary for new development or any requirement of the Municipal Code. b. Maintenance of Hillsides and Soils. Living trees that help maintain slope stability and prevent erosion shall be retained whenever possible. c. Emergency Removal. In the event that a tree is in immediate danger of endangering either life or property, the tree may be removed with approval of the Community Development Director. 4. Applications for Signs. The Community Development Director shall review all applications for signs for conformance to the standards of this Chapter or an approved master sign program. D. Appeals. An appeal of any determination made pursuant to this subsection may be made under the provisions of subsection 20.100.080. (Ord. No. 04-09) 20.100.030 Use Permits. A. Purpose. These provisions are intended to prescribe requirements for the accommodation of uses with special site, design, or operating characteristics, or which have a potentially adverse effect on surroundings, and shall apply to all proposals for which a conditional use permit is required. B. Applicability. Thresholds and responsibilities for review of applications for use permits are as follows: 1. General Applicability. A use permit is required for any use otherwise requiring a conditional use permit under this Chapter as indicated on the Table 1., Permitted Land Uses by Zoning District (subsection 20.12.040) when the use may be increased, intensified, expanded, modified or otherwise changed in any manner, regardless of when the use was originally established, and including any change in a use which pre-existed the requirement for a conditional use permit. An applicant shall be required to comply with such conditions as are related to the proposed use and shall be required to conform to all requirements in effect at such time as determinations are made on the application. This Chapter also specifies use permits for certain exceptions or other discretionary approvals that are not directly related to uses of land, for example, second story residential additions exceeding the height limit. 2. Uses Requiring a Major Use Permit. All use permits are classified as major use permits except those uses that are specifically designated in Table 1.,

Permitted Land Uses by Zoning District (subsection 20.12.040.) as requiring minor use permits. 3. Uses Requiring a Minor Use Permit. Minor use permits may be considered by the Community Development Director for those uses that are so designated in Table 1., Permitted Land Uses by Zoning District (subsection 20.12.040.), provided that projects involving such uses are exempt, statutorily or categorically, from the requirements of the California Environmental Quality Act; or, providing that projects involve no more than five thousand (5,000) square feet of building area, where so noted in the Table of Permitted Uses by Zoning District. 4. Referral to Planning and Zoning Commission. At any point in the project review process the Community Development Director may exercise discretion to transfer original hearing jurisdiction on a minor use permit to the Planning and Zoning Commission because of policy implications, unique or unusual circumstances, or the magnitude of the project. C. Procedures. Applications for minor use permits and major use permits are subject to the common procedures in subsection 20.100.010 and the following specific procedures. 1. Minor Use Permits.

a. Public Hearing. The Community Development Director shall hold a public hearing on each application for a minor use permit. Notice of the public hearing shall be provided according to subsection 20.100.010.E. Exception: In the case of a Large Family Day Care Home, a public hearing will be held only upon request of the applicant or other affected person. See subsection 20.20.020 B. b. Action by Community Development Director. Within thirty (30) days after the hearing, the Community Development Director shall grant or deny the application for minor use permit, or provide for a continuance to act. If the Community Development Director does not act within thirty (30) days after the hearing, the application shall be deemed to be approved. Appeal: Decisions of the Community Development Director may be appealed to the Planning and Zoning Commission as provided in subsection 20.100.080.C.1. 2. Major Use Permits.

a. Public Hearing. The Planning and Zoning Commission shall hold a public hearing on each application for major use permit. Notice of the public hearing shall be provided according to subsection 20.100.010.E. b. Action by Planning and Zoning Commission. Within thirty (30) days after the public hearing, the Planning and Zoning Commission shall grant or deny the application for major use permit or provide for a continuance to act. If the Commission does not act or grant a continuance within thirty (30) days after the close of the public hearing, the application shall be deemed to be approved. Appeal: Decisions of the Planning and Zoning Commission may be appealed to the City Council as provided in subsection 20.100.080.C.2. D. Required Findings for Approving Use Permits. A minor use permit may be approved by the Community Development Director, and a major use permit may be approved by the Planning and Zoning Commission only if all of the following findings can be made: 1. Necessity, Desirability, Compatibility. That the size, intensity and location of the proposed use will provide a development that is necessary or desirable for, and compatible with, the neighborhood or the community; and 2. Adverse Impacts. That such use as proposed will not be detrimental to the health, safety, convenience, or general welfare of persons residing or working in the vicinity, or physically injurious to property, improvements or potential development in the vicinity, with respect to aspects including but not limited to the following: a. The nature of the proposed site, including its size and shape, and the proposed size, shape and arrangement of structures; b. The accessibility and traffic patterns for persons and vehicles, the type and volume of such traffic, and the adequacy of proposed offstreet 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 Citys neighborhoods and to ensure compatibility of land uses. Conditions of approval may include, but are not limited to: limitations on size, bulk and location; operational characteristics such as hours of operation; standards for landscaping, buffering and lighting, adequate ingress and egress; adequate parking provisions, and other on-site improvements; and expiration of the permit at a certain date or under specified circumstances. F. Temporary Use Permits. A temporary use permit authorizing certain temporary use classifications shall be subject to the following provisions. 1. Temporary Uses Requiring a Permit. A temporary use permit is required for uses or signs listed in subsection 20.20.090. 2. Application and Fee. A completed application form, accompanied by the required fees shall be submitted to the Community Development Director. 3. Approval Procedure. The Community Development Director shall approve, approve with conditions, or deny a complete application within five (5) working days. No notice or public hearing shall be required. 4. Findings for Approval of Temporary Use Permit. Prior to approving the application for a temporary use or sign, the Community Development Director shall make all of the following findings: a. The proposed temporary use or temporary sign will be located, operated and maintained in a manner consistent with the policies of the General Plan and the provisions of this chapter. b. Approval of the application will not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare. 5. Conditions of Approval of Temporary Use Permit. In approving a temporary use permit, the Community Development Director may impose reasonable conditions necessary to: a. Achieve the general purposes of this ordinance and the specific purposes of the zoning district in which the temporary use will be located, or to be consistent with the General Plan;

b.

Protect the public health, safety, and general welfare;

c. Ensure operation and maintenance of the temporary use or temporary sign in a manner compatible with existing uses on adjoining properties and in the surrounding area. d. Establish appropriate limitations on the duration of the temporary use, and the hours of operation of the use as appropriate. (Ord. No. 04-09) 20.100.040 Variances. A. Purpose and Applicability of Variances.

1. Purpose. These provisions are intended to prescribe requirements which must be met in order to allow variations from the strict application of the provisions of this Chapter, by reason of exceptional circumstances and other specified conditions. 2. Applicability. Variances are required for deviations from established development standards in this Chapter, and they are granted only if unique circumstances constrain development of a site. 3. Limitations. In no case shall a variance be granted to permit a use other than a use permitted in the zoning district in which the site is located; to increase the permitted residential density; or to establish a newly-created lot that does not meet the minimum lot area or minimum lot width requirements of the zoning district. An amendment to the text or map is required for any use not allowed as of right by this Chapter, or with a zoning clearance or a use permit. B. Procedures. Applications for Variances are subject to the common procedures in subsection 20.100.010 and the following specific procedures. 1. Public Hearing. The Planning and Zoning Commission shall hold a public hearing on each application for variance. Notice of the public hearing shall be provided according to subsection 20.100.010.E. 2. Action by Planning and Zoning Commission. Within thirty (30) days after the public hearing, the Planning and Zoning Commission shall grant or deny the application for variance or provide for a continuance to act. If the Planning and Zoning Commission does not act or grant a continuance within thirty (30) days, the application shall be deemed to be approved. C. Required Findings for Approving Variances. A variance may be granted only if the Planning and Zoning Commission makes all of the following findings:

1. Unique Site Characteristics. That there are exceptional or extraordinary circumstances applying to the property involved, including size, shape, topography, location or surroundings, and 2. Preservation of Property Rights. That the strict application of this Chapter deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; and 3. No Special Privilege. That such variance will not constitute a grant of special privilege inconsistent with limitations imposed on similarly zoned properties; and 4. Adverse Impacts. That the granting of such variance will not be materially detrimental to the public welfare or materially injurious to the property or improvements in the vicinity; and 5. Limitations. That such variance does not permit a use other than a use permitted in the zoning district in which the site is located, increase the permitted residential density, or establish a newly-created lot that does not meet the minimum lot area or minimum lot width requirements of the zoning district. D. Conditions of Approval of a Variance. Conditions of approval may be imposed by the Planning and Zoning Commission to assure that the adjustment authorized by the variance shall not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and district in which the property is located. Conditions of approval may include, but are not limited to: limitations on size, bulk and location; standards for landscaping, buffering and lighting, adequate ingress and egress; and other on-site improvements. (Ord. No. 04-09) 20.100.050 Design Review. 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 and vehicular parking are 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. review: a. b. Interior improvements; Normal repairs or replacement; Exemptions. The following activities are exempt from design

c. Accessory buildings which are located in a rear yard and do not exceed one hundred-twenty (120) square feet in area and twelve (12) feet in height. d. The following types of signs:

1) Signs which are allowed without a sign permit, as listed in Section 20.36. 2) Signs which are allowed by Section 20.32 with a zoning clearance. A zoning clearance may include consideration of design characteristics. (a) (b) (c) e. Change of message on an existing sign. Fascia signs. In-window permanent signs.

Television and other antennas.

f. Roof replacement materials, flashing, roof vents, gutters and downspouts, on residential buildings. g. Skylights on residential buildings, not to exceed a twelve (12)-inch projection above the roof surface. h. Other minor exterior alterations that the Community Development Director may determine are similar in visual impact to those listed herein. C. Procedures. Common procedures in subsection 20.100.010 apply. The authorities and duties for design review are as follows: 1. Approval Authority for Design Review of Residential and Nonresidential Projects. Design review will be performed by the Community

Development Director or the Planning and Zoning Commission, based on the size and character of the proposed project, as shown in Table 11. below. 2. Duties of Community Development Director. The Community Development Director shall review and approve or deny design review applications for which that office is responsible, according to the standards of review of this section. However, the Community Development Director may refer any such application to the Planning and Zoning Commission if the proposed project involves significant issues of policy or design, or any issues of public controversy. a. Public Hearing. The Community Development Director shall hold a public hearing on each design review application for which the Director has authority. Notice of the public hearing shall be provided according to subsection 20.100.010.E b. Action by Community Development Director. Within thirty (30) days after the hearing, the Community Development Director shall grant or deny the application for design review approval. If the Community Development Director does not act within thirty (30) days after the hearing, the application shall be deemed to be approved. c. Appeal. Decisions of the Community Development Director may be appealed to the Planning and Zoning Commission as provided in subsection 20.100.080. 3. Duties of Planning and Zoning Commission. The Planning and Zoning Commission shall review and approve or deny projects for which that body is responsible, according to the standards of review of this section. In addition, the Planning and Zoning Commission shall review and decide on any application referred by the Community Development Director. a. Public hearing. The Planning and Zoning Commission shall hold a public hearing on each design review application for which the Commission has authority. b. Notice. Notice of the public hearing shall be provided according to subsection 20.100.010.E. c. Action by Planning and Zoning Commission. Within thirty (30) days after the public hearing, the Planning and Zoning Commission shall grant or deny the application for design review approval or provide for a continuance to act. If the Commission does not act or grant a continuance within thirty (30) days after the close of the public hearing, the application shall be deemed to be approved.

d. Appeal. Decisions of the Planning and Zoning Commission may be appealed to the City Council as provided in subsection 20.100.080. Click Here for Table 11 D. Standards of Review. The reviewing authority shall evaluate all applications for new construction, additions or modifications in terms of their adherence to the following standards, to the extent they are applicable to the project under review. 1. General Standards. The following standards are applicable to all projects for which design review is required: a. General Plan. New development and the alteration of existing development is consistent with applicable goals, policies and programs of the Albany General Plan. b. Design Guidelines. Residential projects shall be reviewed for conformance to the Residential Design Guidelines, and projects in the SPC District along San Pablo Avenue for conformance to the San Pablo Avenue Design Guidelines. 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. Parking facilities are provided sufficient for the use, consistent with the requirements of Section 20.32. 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 Countys Waste Management Program. l. Privacy. Attention has been given in the design of the project to avoid significant interference with the privacy enjoyed by residential occupants of adjacent properties. This shall include consideration of the locations of windows, public entries, parking and service areas, among other elements. Appropriate solutions may include the use of devices such as landscape screening, fences, or obscure glass. The Planning and Zoning Commission should approach solutions with an intent to balance the respective benefits and burdens of the project and the residents of adjacent properties. 2. Additional Specific Standards for Single-Family Residential Additions. The following standards shall apply in addition to those listed in paragraph A. above. a. The addition is consistent with the scale, massing and other architectural features of the existing structure. Factors such as roofline, trim details, window type and placement and other design elements which

affect exterior appearance will ensure compatibility with the structure to which the addition will be made. The mass of the resulting building has been considered in relation to the visual impact from the street, lot size and the placement on the lot, as well as the compatibility of the project with adjacent structures and integration with the surrounding neighborhood. 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 2.A., Site Regulations by District (Residential), subsection 20.24.020. c. Off-street parking spaces are provided to the property to account for the increased living area as required by subsection 20.28.020A. 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 20.100.050D. 5. In approving any project on San Pablo Avenue the Planning and Zoning Commission or the Community Development Director shall further find that the City-adopted San Pablo Avenue Design Guidelines have been considered and incorporated in the project. The Planning and Zoning Commission may grant exceptions to the criteria, provided one (1) or more of the following findings are made: a. There are specified special circumstances applicable to the property, such as size, shape, location of existing structures, or traffic conditions, which cause practical difficulties in the application of the design guidelines. b. The Planning and Zoning Commission recognizes that the proposal exhibits a superior level of design which exceeds the approved criteria. c. With the granting of an exception, development on the site will achieve the overall purposes of the design guidelines, and the development will not be detrimental to the public welfare or injurious to persons or property in the vicinity. (Ord. No. 04-09) 20.100.060 Planned Unit Development. A. Planned Unit Development Regulations and Review Procedures. The purpose of the planned unit development regulations is to promote flexibility of design and increase available usable open space in developments by allowing diversification in the relationships of various buildings, structures and open spaces in building groups and the allowable heights of the buildings and structures, while insuring substantial compliance with the district regulations and other provisions of this Chapter. The intent of this Chapter in requiring adequate standards related to the public health, safety and general welfare, shall be observed without unduly inhibiting the advantages of modern large-scale site planning for residential, commercial or industrial purposes. B. Application and Minimum Area. The planned unit development regulations may be applied within any residential, commercial or industrial zoning district. The minimum area for any planned unit development shall be seven thousand five hundred (7,500) square feet in the R-1, R-2 and RHD Districts, and ten thousand (10,000) square feet in the R-3, R-4, and Commercial Districts.

C. Planned Unit Development Procedures and Development Plan. A planned unit development shall be approved pursuant to the use permit procedures in subsection 20.100.030. Applications for planned unit development approval shall be accompanied by a plan for such development as provided for in paragraph H. below. D. Permitted Uses. Any use or combination of uses which is permitted by the Albany General Plan as it applies to the proposed site may be permitted in the planned unit development. In the case of residential uses, any dwelling unit type may be permitted, as long as there is compliance with the density requirements of paragraph E. below. E. Residential Density Requirements Where Applicable. In applications involving residential dwellings, the number of units permitted in a planned unit development shall be determined by first subtracting the areas of all street rights-of-way and private streets from the gross area of the planned unit development, and dividing the resulting net area of the development by the minimum lot area per dwelling unit required in the district within which the planned unit development is located. F. Standards of Development. Exceptions to the usable open space, lot area, lot width, lot coverage, yards, height, parking, loading, sign, screening and landscaping requirements of the applicable zoning district may be allowed when it can be demonstrated that such exceptions would result in a more desirable development. In granting exceptions to the above standards, the Planning and Zoning Commission shall consider additional amenities, such as usable open space, provided by the development. In all cases, each structure shall conform to the development plan. G. Planned Unit Development Approval Required. Where use is made of the planned unit development process, as provided in this subsection, no building permit shall be issued for such development, or tentative subdivision or tentative parcel map approved, or part thereof, until the Planning and Zoning Commission has approved the development as herein provided. H. Planned Unit Development Plan.

1. Application. Application for a planned unit development permit shall be made on a prescribed form by the owner or an agent of the owner. The application shall be accompanied by a development plan consisting of a map and supplemental information, in the number of copies that may be prescribed by the Community Development Department. 2. Development Plan Map. The development plan map shall include the following information: a. Intended lot layout including common areas, if any.

b. Existing contours at two (2) foot intervals if the existing ground slope is less than ten (10%) percent and at not less than five (5) foot intervals for existing ground slopes greater than or equal to ten (10%) percent. c. Proposed automobile and bicycle access and pedestrian ways.

d. Location of trees over five (5) feet in height and other major natural features. e. Areas proposed to be dedicated or reserved for easements, parks, parkways, playgrounds, public or quasi-public buildings and other such uses. f. g. h. Proposed location of buildings, setback and yard areas. Preliminary floor plans and elevations of proposed buildings. Proposed off-street parking and loading areas.

i. Preliminary design plans for proposed landscaping, fencing and screening. j. Provisions for drainage of surface waters; watercourses and sewage disposal plans. 3. Supplemental Information. The supplemental information shall include the following: a. A schedule for the development of units to be constructed in progression; b. A description of the design principles for buildings, landscaping and streetscapes; c. Tabulation of total number of acres in the proposed project and percent thereof designated for various uses; d. The number of dwelling units proposed by type of dwelling for each unit of development and estimated residential population by type of dwelling; e. If applicable, a description of how the development is proposed to conform to any inclusionary housing requirements of the City; f. Proposed retail sales area if any; and

g. A statement setting forth a program for installation and continued maintenance of parking areas, lighting, courts, public and private grounds, landscaping, streets, utilities, parks, playgrounds, or public or quasi-public community buildings and facilities, including copies of legal documents for dedication or reservation for group or private open space, or for the creation of nonprofit homeowner's associations. h. A written statement explaining how major site development problems such as flooding, access, seismic hazards, if any, will be mitigated. i. A description of any requested exceptions to the requirements of the applicable zoning district, together with a description of benefits or amenities proposed which would cause the development to be more desirable to the City than would a development that did not request such exceptions. 4. Additional Information. Additional information may be required by the Planning and Zoning Commission such as grading plans, geologic and soils investigations including slide areas, and foundation plans for developments in the Residential Hillside Development (RHD) Zoning District. 5. Subdivision Map. The information on the development plan map may be depicted on a tentative subdivision map or tentative parcel map, if such maps are required, provided, however, that all required information is included and that a planned unit development permit is issued prior to or concurrent with the approval of a tentative subdivision or tentative parcel map. I. Required Findings. In addition to the findings required for approval of a use permit as stated in subsection 20.100.030, the Planning and Zoning Commission shall make all of the following findings: 1. Necessity. The planned unit development demonstrates the advantages of modern, large-scale site planning to an extent that could not be achieved without the planned unit development procedure. 2. Exceptions Warranted. Any exceptions to the requirements of the applicable zoning district are warranted by an exceptional level or amenity or other benefits to the community, which could not be achieved without the exceptions. 3. Substantial Compliance. The degree and extent of any exceptions granted does not prevent the development from being in substantial compliance with the regulations of the applicable zoning district.

(Ord. No. 04-09) 20.100.070 Amendments. A. Purpose. These provisions are intended to prescribe procedures by which amendments may be made to this Chapter, including changes to the text and changes to the boundaries of any zoning district. B. Initiation. An amendment may be initiated by: 1. Petition.

a. General. The verified petition of one (1) or more owners of property affected by the proposed amendment, which petition shall be filed with the Planning and Zoning Commission and shall be accompanied by accurate scale drawings. b. R-1 District. Zoning changes are permitted in areas in the R-1 Zoning District only if at least fifty (50%) percent of the resident voters within three hundred (300) feet of the proposed change indicate their approval by signing a verified petition to that effect. 2. City Council. Resolution of intention of the City Council, or by

3. Planning and Zoning Commission. Resolution of intention of the Planning and Zoning Commission. C. Findings. An amendment to this Chapter may be recommended by the Planning and Zoning Commission and adopted by the City Council only if the followingfindings are made: 1. General Plan Consistency. That the proposed amendment is consistent with the General Plan, and 2. Adverse Effect. That the adoption of the proposed amendment would not adversely affect the public health, safety and general welfare. D. Procedures. Review of a proposed amendment to the text or map shall be subject to the applicable common procedures in subsection 20.100.010. In addition the following procedures shall be followed: 1. Planning and Zoning Commission Public Hearing(s). The Planning and Zoning Commission shall hold at least one (1) public hearing on any proposed amendment. The first such hearing shall be held within one hundred twenty (120) days following the date of the initiation of the amendment. Notice of a public hearing on any proposed amendment shall be given pursuant to

California Government Code Section 65090. If the proposed amendment affects the uses of real property, notice shall also be given pursuant to Government Code Section 65091. Failure to receive the notice required by this subsection shall not invalidate an action to approve the amendment. The public hearing(s) may be continued at the discretion of the Planning and Zoning Commission. 2. Action by Planning and Zoning Commission. Following the aforesaid hearing(s), the Planning and Zoning Commission shall file a report of its findings and recommendations with respect to the proposed amendment with the City Council within ninety (90) days after the date of the first of the hearings; provided that such time limit may be extended as stipulated in a resolution of intention of the City Council, or upon the mutual agreement of the parties having an interest in the proceedings. Failure of the Planning and Zoning Commission so to report within ninety (90) days without the aforesaid agreement shall be deemed to be a recommendation for approval of the proposed amendment by the Planning and Zoning Commission. The Planning and Zoning Commission may recommend that the proposed amendment be adopted, adopted with modifications, or rejected. 3. Action by City Council.

a. Except as provided in (b) below, when the Planning and Zoning Commission has provided a recommendation on a proposed amendment, or upon the expiration of the ninety (90) days as aforesaid, the City Councilshall set the matter for public hearing after providing notice in the same manner as required in subsection 20.100.070.E.1 for a Planning and Zoning Commission hearing. After the conclusion of such hearing, the City Council may adopt the amendment or any part thereof in such form as it may deem to be advisable. The decision of the City Council shall be rendered within one hundred-twenty (120) days after either receipt of the report from the Planning and Zoning Commission or the expiration of ninety (90) days as aforesaid. b. If the Planning and Zoning Commission has recommended against the adoption of an amendment that would change property from one zoning district to another, the City Council shall not be required to take further action, except that any interested party, pursuant to California Government Code Section 65856, may request a hearing by filing a written request with the City Clerk within five (5) days after the Planning and Zoning Commission has filed its recommendations with the City Council. c. If the City Council proposes a modification not previously considered by the Planning and Zoning Commission, the Council shall refer such modification to the Planning and Zoning Commission, pursuant to Government Code Section 65857. The Planning and Zoning

Commission shall review and recommend upon the modification within forty (40) days of referral by the City Council, or within such longer period as may be provided by the City Council. Failure by the Planning and Zoning Commission to report on the modification shall be deemed as a recommendation by the Commission for approval. 4. Urgency Measure. Notwithstanding procedures established by paragraphs 1. through 3. above, the City Council may amend a provision of this Chapter through adoption of an interim zoning ordinance as an urgency measure, pursuant to Government Code Section 65858. E. Effective Date. The effective date for zoning amendments shall be thirty (30) days following the approval by the City Council of the second reading, pass to print, of the amending ordinance, unless otherwise adopted in accordance to the law. (Ord. No. 04-09) 20.100.080 Appeals.

A. Purpose. This subsection establishes general provisions for appeals and a hierarchy of appeals, consistent with the decision-making process, for permit applications. B. Authorization for Appeal. To avoid results inconsistent with the purposes of this Chapter, administrative decisions of the Planning staff may be appealed to the Planning and Zoning Commission, and decisions of the Planning and Zoning Commission may be appealed to the City Council. Appeals on specific types of actions are established in Table 12. 20.100.080, below. Click Here for Table 12 C. Rights of Appeal.

1. Administrative Actions Appealable. Any person aggrieved by a decision to grant or deny a permit or action taken by the Planning staff or any other City Official under the provisions of this Chapter, or any person aggrieved by an administrative determination or interpretation made in conjunction with a decision to grant, deny, or comply with a determination made pursuant to a provision of this Chapter, may appeal such action to the Planning and Zoning Commission. 2. Planning and Zoning Commission Action Appealable.

a. Any person aggrieved by a decision to grant or deny a permit or action taken by the Planning and Zoning Commission under the provisions of this Chapter may appeal such action to the City Council.

Notice of Appeal should clearly and concisely set forth the grounds upon which the appeal is based, and be accompanied by the appropriate fee. b. City Council members: A member of the City Council may call up any action of the Planning and Zoning Commission for review one time per calendar year without being considered an aggrieved person. If a Council member requests review, there should be a presumption applied that the reason for the review is that the action has significant and material effects on the quality of life within the City of Albany. No inference of bias shall be made or implied due to such a request for review being filed by a Council member. The appeal fees shall be waived to a maximum of one request for review per council member, per calendar year. D. Time Limit and Initiation of Appeals. In order to initiate an appeals process, the person(s) who wish(es) to file an appeal must complete and submit a Notice of Appeal form within fourteen (14) calendar days following the date of the action or determination being appealed and pay the appropriate fee, except Council members who are entitled to a fee waiver as per subsection 20.100.080.C.2.b. The appeal shall be filed with the staff/clerk of the appropriate appellate body. 1. Grounds for Appeal. The application shall state the specific grounds for the appeal. These may include: a. A description of the asserted error or abuse of discretion by the body whose decision is being appealed. b. A description of how it is claimed a standard or review criteria was incorrectly applied; c. A description of how the decision is not supported by the evidence in the record; or d. A description of how the decision creates an inconsistency with the Albany General Plan or the Albany Municipal Code. 2. Limitations on Initiation. Any action or inaction of the Planning and Zoning Commission on an appeal may be appealed to the City Council. Any action or inaction of the City Council on an appeal shall be final. E. Procedures: Approval of appeals shall be subject to the applicable common procedures in this Planning and Zoning chapter. In addition, the following provisions shall be applied: 1. Scheduling an Appeal Hearing. A matter being appealed shall be scheduled within thirty (30) days following the filing date of the appeal. Notice shall be provided in the same manner as required when the matter was originally

scheduled for hearing or as otherwise required by law. The appeal hearing shall be heard where feasible within sixty (60) days following the filing date of the appeal. 2. Procedural Requirements for the Appeal Hearings. At the appeal hearing, the applicant and the appellant shall have an opportunity to comment on the application, the information in the record, the action, and the appeal. 3. Action on Appeals. In reviewing an appeal, the Planning and Zoning Commission or the City Council shall act in accordance with the following provisions: a. Allowable Actions: The Commission or the Council shall either affirm, affirm with modifications, reverse the action being appealed, or make such other decisions or determinations or impose such other conditions as are appropriate, including returning the matter to the original decision making body or person. b. No Action: The power to make a decision shall also include the power to take no action. Inaction shall be interpreted as an affirmation of the previously rendered decision. A tie vote shall mean that no action is taken and shall result in the affirmation of the previously rendered decision. F. Standards. When reviewing any decision of the Planning and Zoning Commission on appeal, the City Council shall use the same standards for decision making and is required to make findings in accordance with the Municipal Code. The Council may adopt the Planning and Zoning Commission's decision and findings as its own. In either case, the City Council shall have the option to prepare a resolution stating the Council's decision or shall render its decision by minute action. G. Effective Date. Appeal decisions of the Planning and Zoning Commission shall become effective ten days following the decision, unless a second appeal has been filed. Appeal decisions of the City Council shall become effective on the date of the decision. (Ord. No. 04-09; Ord. No. 09-011 22) SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

PUBLICATION: This ordinance shall be published in a newspaper of general circulation in the city of Albany, which said newspaper is designated for that purpose, or it shall be posted in three locations. EFFECTIVE DATE: This ordinance shall become effective 30 days on or after its final passage and adoption and publication. SIGNED:

JON ELY MAYOR Date: December 6, 2004 EXHIBIT A AMENDMENTS TO ZONING MAP Click Here for Diagram APPENDICES A. B. C. Measure D (Residential parking requirements, 1978) Measure C (Citizens Waterfront Approval Initiative, 1989) Measure K (Albany Hill density, 1994)

Appendix A: Measure D Click Here for Diagram Appendix B: Measure C Click Here for Diagram Appendix B: Measure C, continued Click Here for Diagram

Appendix C: Measure K Click Here for Diagram * Editor's Note: Measure C can be found in Appendix B at the end of this Chapter.

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, 0101, 01-03 and 03-01. Ordinance No. 04-09 which established Chapter XX, Planning and Zoning, was adopted on December 6, 2004. *Editor's Note: Ordinance No. 06-014 referred to as Exhibit A illustrating these zoning amendments which was not provided with this ordinance. Exhibit A may be found in the office of the City Clerk. Editor's Note: See Appendix C, Measure K, following this Chapter. (1) The key finding required by 20.100.030 for a use permit reads as follows: "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." Editor's Note: See Appendix C, Measure K, following this Chapter. Editor's Note: See Appendix C, Measure K, following this Chapter. Editor's Note: See Appendix C, Measure K, following this Chapter. Editor's Note: Measure D can be found in Appendix A immediately following this Chapter. [1] Editors Note: This ordinance was adopted June 1978. *Editor's Note: Ordinance No. 07-04, codified herein as Section 20.58, was adopted October 1, 2007. 1 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. 2 Editor's Note: Age sixty-two (62) or older. 3 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. 4 Editor's Note: Units which are rented at or below the Section 8 Fair Market Rent Level.
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