[Ord. No. 04-09]
The purpose of this section is to establish regulations relating
to characteristics of the physical development of property, including
lot area, width and coverage; yard setbacks; and building height.
These regulations are established for purposes of allowing for light,
air, privacy, and safety from fire hazards, and to ensure that property
development contributes to a high quality environment for living and
working, consistent with General Plan policies.
[Ord. No. 04-09; Ord. No. 09-011 §§ 6—9; Ord. No. 2014-11 § 5; amended 3-18-2019 by Ord. No. 2019-03; 9-6-2022 by Ord. No. 2022-03]
A. Site Regulations by District — Residential: Table 2A.
Table 2A prescribes development regulations for the various
residential zoning districts.
Table 2A. Site Regulations by District: Residential (20.24.020)
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Standard
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Zoning District
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R-1
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R-2
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R-3(20)
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R-4(1)
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RHD(2)
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Maximum Density (dwelling units/acre)
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12 (3)(10)
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35
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63(21)
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87
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6 or 9(4)
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Maximum FAR (floor area/lot area ratio)
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Single-family dwelling
Multifamily dwelling
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0.55(5)
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0.55(5)
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0.55(5)
1.50/2.0(6)(7)
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N/A
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0.50(8)
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Minimum Lot Size (square feet)(10)
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Single-family
2-family
Multiple-family
Public/quasi-public
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3,750
N/A
N/A
10,000
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3,750
3,750
3,750
10,000
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3,750
3,750
3,750
10,000
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5,000(8)
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Minimum Lot Width (feet)
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Single-family
2-family
Multiple-family
Public/quasi-public
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35
N/A
N/A
75
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35
37.5
37.5
75
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50
50
50
75
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50(8)
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Maximum Lot Coverage (% of lot area)
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N/A
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50%
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50%
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Single-family
2-family
Multiple-family
Public/quasi-public
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50%
N/A
N/A(11)
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50%
50%
50%(11)
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50%
50%
70%(11)
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40%(8)
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Maximum Building Height (feet)
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Single-family
2-family
Multiple-family
Public/quasi-public
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28(12)
N/A
N/A
35
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28(12)
35/28(14)
35/28(14)
35
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35
35/28(14)
50/35/28(14)
35
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(13)(8)
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Minimum Yard Setbacks (feet)
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Single-, Two-, Multiple-family:
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Front
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15(15)
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15(15)
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15(15)
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15(8)(15)
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Side, interior
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(16)
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(16)
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(16)
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(17)(8)
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Side, exterior
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7.5
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7.5(18)
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7.5(18)
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17) (8)
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Rear
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20
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15
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15
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20(8)
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Single-family second-story addition
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(19)
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(19)
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(19)
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Public/quasi-public
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(11)
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(11)
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(11)
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Maximum Fence Height
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Minimum Usable Open Space (multifamily dwellings)
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Accessory Buildings
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Notes, Table 2A:
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1. In R-4 District, site regulations not specified will be determined
by the Planning and Zoning Commission on consideration of an application
for a use permit. Existing densities of developed sites are deemed
to be conforming, but existing densities will not be permitted to
be increased above the maximum density permitted in the R-3 District.
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2. In the RHD District, all multiple-family development, and any single-family development which comprises two or more acres of land area, shall be processed as a development plan under planned unit development procedures specified in Subsection 20.100.060. See Subsection 20.24.040 for development regulations applicable to the RHD District in addition to the regulations stated in this table.
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3. The higher maximum density stated in the General Plan takes
into account the pre-existence of substandard nonconforming lots.
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4. The Albany General Plan divides the area subject to the RHD
District into two density classifications:
Low density = 6 dwelling units/acre.
High density = 9 dwelling units/acre.
Through the planned unit development process (Subsection 20.100.060), allowable density may be reduced according to slope density restrictions and/or the presence of natural topographic features.
The City may permit the transfer of density from one portion
of a development site to another, upon making a finding that the density
transfer is necessary to accomplish the purposes of this chapter.
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5. The Planning and Zoning Commission may approve a floor/area
ratio of up to 0.60 based on determination that any of the following
conditions exist:
(a) The site is of such a size that application
of the 0.55 floor/area ratio would result in a gross square footage
of less than 1,500 square feet.
(b) The site is in a zone other than R-1 and buildings
on any surrounding properties exceed FAR 0.60, and the higher FAR
is warranted by considerations of harmonious transition among properties.
(c) The proposed design has architectural features
that contribute substantially to neighborhood quality, which could
not be achieved in a smaller building mass.
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6. FAR may be increased to 1.75 where open space is provided
at twice the minimum requirement stated in Subsection 20.24.090.B.
As an incentive for lot consolidation, FAR may be increased to 2.0
within the San Pablo Avenue Specific Plan planning area on through-lots
extending to San Pablo Avenue.
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7. Enclosed off-street parking shall be included in the calculation
of the FAR, except that such parking area that is located entirely
below grade may be excluded. (See Subsection 20.24.050.C.)
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8. Applies to single-family development in RHD District on land
comprising less than two acres. Also shall be considered to be the
minimum standards required for development of a single-family planned
unit development on two acres or more, except that modified development
standards may be approved if deemed appropriate by the Planning and
Zoning Commission and City Council.
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9. (Reserved)
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10. Existing lots which do not meet minimum area standards may
be developed or improved as provided in § 20.44, Nonconforming
Uses, Structures and Lots.
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11. For public and quasi-public uses, lot coverage and yard
setbacks will be determined by the Planning and Zoning Commission
on consideration of an application for a use permit or design review.
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12. Planning and Zoning Commission, subject to design review criteria, may grant a use permit to allow greater height for second-story additions, up to 35 feet, measured in accordance with Subsection 20.24.080, and based on at least one of the following findings:
a. The existing house has a partial ground story
that causes an increase in the overall height of the building, and
there are sound design reasons for considering a roofline which exceeds
28 feet.
b. The natural downward or upward topography of
the site causes an increase in the overall height of the building.
The minimum roof pitch has been maintained on the addition to be consistent
with the existing architectural design of the house. The height has
been measured from the natural or finished grade to the highest point
of the roof.
c. The existing architectural character and design
of the house is maintained. Design factors have been considered to
offset or minimize the increased height, such as breakup in the mass
and bulk, offsetting one or more portions of the addition from the
ground-story wall line, and adding architectural details and elements
such as horizontal trim or other features to create interest.
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13. Height limits in RHD District are specified for single-family
residences only. The maximum building height for a single-family residence
on a downhill site shall be 35 feet above the original grade of a
site measured from the midpoint of the building envelope. The maximum
permitted height for a single-family residence on an uphill site shall
be 28 feet above the original grade of a site measured from the midpoint
of the building envelope.
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14. Maximum building height is three stories and 35 feet, above
natural or finished grade, whichever is lower, except within the San
Pablo Avenue Specific Plan planning area on through-lots extending
to San Pablo Avenue, maximum building height is 50 feet and five stories,
as an incentive for lot consolidation. The maximum height allowed
at the front setback line shall be 28 feet plus a forty-five-degree
daylight plane. (See Subsection 20.24.070.B.), except within the San
Pablo Avenue Specific Plan planning area on through-lots extending
to San Pablo Avenue, where stepbacks are required pursuant to Subsection
20.24.070.C.
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15. Through lots are deemed to have two front property lines,
one at each street, and front yard setback requirements shall be applicable
to both lines.
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16. 10% of lot width, up to a maximum of five feet, with a minimum
requirement of three feet, except that the minimum setback for multifamily
structures in the R-3 District is five feet.
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17. 10% of lot width, or five feet, whichever is greater.
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18. One foot shall be added for each 12 feet of height above
the lowest 15 feet of building height. Except within the San Pablo
Avenue Specific Plan planning area, where no additional setback shall
apply.
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19. Exceptions to setback requirements may be made in the case
of a second-story addition to a single-family dwelling, as follows:
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(a) Vertical extension of nonconforming walls. Existing
nonconforming walls which encroach into required setback areas shall
be allowed to extend in a vertical plane under or over an existing
wall, subject to design review by the Planning and Zoning Commission
and obtaining a use permit.
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(b) Horizontal extension of nonconforming walls.
Existing nonconforming walls which encroach into the required front
yard or side yard setback areas may be extended in a in a horizontal
plane, subject to design review by the Planning and Zoning Commission
and obtaining a use permit. Such extensions shall not further encroach
on any required setback (i.e., a nonconforming wall which encroaches
one foot into a required setback shall not be permitted to encroach
two feet), nor shall any such extension create a new encroachment
in another direction. Required conditional use permit and design review
findings for the extension of a nonconforming front wall shall be
made separately from findings required for extension of other nonconforming
walls.
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20. Projects in the San Pablo Avenue Specific Plan planning area shall also meet relevant regulations in the SanPablo Avenue Design Guidelines and Objective Design Standards, and required community benefits (Subsection 20.24.190), which may be updated from time to time.
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21. The San Pablo Avenue Specific Plan Planning area has no
maximum residential density standard.
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B. Site Regulations by District — Nonresidential: Table 2B.
Table 2B prescribes development regulations for the various,
commercial, public and waterfront zoning districts.
Table 2B. Site Regulations by District: Nonresidential (20.24.020)
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Standard
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Zoning District
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SC
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SPC(13)
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CMX
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WF(1)
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PF(1)
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Residential Density (dwelling units/acre where
residential development is proposed)
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Minimum 20
Maximum 63
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Minimum 30
Maximum N/A
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N/A
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N/A
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N/A
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Maximum FAR (floor area/lot area ratio)
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Mixed-use development (more than 1 use, including
residential and commercial or other permitted nonresidential uses)
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1.25
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4.0/4.5(11)
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0.5
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0.5
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N/A
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Commercial portion of any development (not to be
exceeded, regardless of mix with other uses, or any bonus increase
in the total FAR of development)
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1.25
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0.95
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0.5
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0.5
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N/A
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Multifamily dwelling, where it is the sole use of
a site(12)
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1.25
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4.0/4.5(11)
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N/A
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N/A
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N/A
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Live/work space
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N/A
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4.0/4.5(11)
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(4)
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N/A
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N/A
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Minimum Lot Area per Dwelling Unit (square feet)
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N/A
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N/A
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(2)
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N/A
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N/A
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Minimum Lot Size (square feet)
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None
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None
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5,000
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None
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Minimum Lot Width (feet)
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None
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None
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50
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None
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Maximum Lot Coverage (% of lot area)
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100%
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100%
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80%
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Maximum Building Height (feet)
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35
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68/85(4, 11)
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45
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40
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Minimum Yard Setbacks (feet)
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Front, or exterior side
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(6)(7)
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(6)(7)
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None
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(5)
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Side, interior
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(8)
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(8)
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(9)
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Rear
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(8)(10)
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(8)(10)
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(9)
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Maximum Fence Height
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Minimum Usable Open Space (multifamily dwellings)
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Notes, Table 2B:
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1. In the WF and PF Districts, and in cases of public/semipublic
uses in all districts, site regulations not otherwise specified will
be determined by the Planning and Zoning Commission on a use permit/design
review basis.
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2. Live/work space will be included in the calculation of commercial
floor area and will be subject to the maximum FAR standards for each
district. District standards for minimum lot area per dwelling shall
not apply to live/work units. See Table 1 for land use permitting
procedures for live/work in individual districts.
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3. (Reserved)
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4. See Subsection 20.24.070C for upper story stepback requirements. No projections shall be allowed in the area between the stepback and rear property line.
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5. No enclosed structure shall be located within 100 feet of
the shoreline, except as specified in the Waterfront Master Plan.
Continuous public access to the water's edge shall be preserved and
established consistent with The Bay Trail—Planning for a Recreational
Ring Around the Bay (ABAG, July 1989).
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6. Through lots are deemed to have two front property lines,
one at each street, and front yard setback requirements shall be applicable
to both lines.
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7. None required along San Pablo Avenue. If front setback is
provided, it shall not exceed a depth of four feet at street level.
Where fronting a street immediately parallel to San Pablo Avenue:
15 feet, plus a daylight plane. (See Subsection 20.24.070.B.) Where
a property in the SC District has an exterior lot line at a street
that intersects with Solano Avenue, and any property located directly
across such a street is in a residential district: 15 feet, plus a
daylight plane. (See Subsection 20.24.070.B.)
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8. None, except where an interior side or rear yard of a nonresidential
property abuts an R District: See Subsection 20.24.070.A.
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9. The minimum setbacks where a lot abuts an R District shall
be 10 feet at either side or rear yards.
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10. May be waived by Planning and Zoning Commission, except
where rear yard abuts an R District.
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11. Up to 4.5 FAR and 85 feet building height permitted in the northern node, as depicted in the San Pablo Avenue Specific Plan Zoning District & Overlays map (Figure 2-2), in exchange for providing San Pablo Avenue Specific Plan community benefits (Subsection 20.24.190).
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12. Permitted for projects in which 100% of the units are affordable
up to 120% of Area Median Income, with the exception of building manager's
unit.
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13. Projects in the San Pablo Avenue Specific Plan planning area shall also meet relevant regulations in the San Pablo Avenue Design Guidelines and Objective Design Standards, and required community benefits, pursuant to Subsection 20.24.190, which may be updated from time to time.
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[Ord. No. 04-09; Ord. No. 06-014 § 6; amended 9-6-2022 by Ord. No. 2022-03]
A. Purpose. The purpose of this subsection is to establish regulations for the fulfillment of the purposes of the several Overlay Districts as stated in subsection
20.12.080 B.
B. Hillside Overlay District (:H).
1.
Maximum Building Height. No portion of any structure shall extend above forty (40) feet from the original grade as measured vertically from the point. In addition, for development on the downhill side of a street, the highest point of any structure shall not be greater than twenty-eight (28) feet above the elevation of the uphill street. For development located on the uphill side of a street, no portion of the structure within ten (10) feet of the downhill face of the structure shall be greater than twenty-eight (28) feet above the elevation of the downhill street, or greater than twenty-eight (28) feet above the original grade if located on top of a bluff adjacent to the street. This requirement may be varied upon the granting of a conditional use permit pursuant to procedures in subsection
20.100.030.
2.
Minimum Yards. Same as required in Principal District; may be reduced upon the granting of a conditional use permit pursuant to the procedures in subsection
20.100.030; the Planning Commission shall take into consideration the existing setbacks on the block.
C. Commercial Node Overlay District (:CN).
1.
Delineation of Districts. The Commercial Node Overlay District
may be applied to locations where commercial uses are permitted. Individual
Commercial Node Overlay Districts shall be delineated on the Zoning
Map. Where the boundary of the district includes a portion greater
than fifty (50%) percent of the area of any land parcel delineated
in the Assessor's Maps of Alameda County as of the date of adoption
of this subsection, the entire parcel shall be included in the district.
2.
Ground Floor Use Limitations. All uses permitted on the ground
floor within SPC Districts shall be permitted within designated nodes
except service stations, auto repair, and drive-up and drive-through
facilities. Commercial parking facilities shall not be permitted to
occupy ground floor street frontage except as necessary for access.
3.
Design Standards. Within a Commercial Node Overlay District,
except within the San Pablo Avenue Specific Plan planning area, the
following design standards shall apply to new development and, where
appropriate, major alterations and additions.
a.
Location. Buildings shall be built to the street line except
where the design includes a maximum four (4)-foot setback for landscaping
or pedestrian amenity. An exception may be allowed for a diagonal
façade at a street intersection.
b.
Massing. Buildings on parcels located on street corners in designated
nodes shall be marked by tower elements to distinguish the node from
the rest of the street and to mark entrances. Overall massing shall
emphasize the vertical dimensions of the building, as a means of balancing
the horizontal effect of the width of the street. All buildings shall
have a base and cap.
c.
Articulation. Buildings shall be articulated through such features
as projecting or recessed windows and entries, and variations in rooflines.
d.
Rhythm. Street facades at the ground floor level shall be divided
by architectural details into bays.
e.
Signs. Signs shall be either attached to the walls or printed
onto awnings, and be proportional to the size of the building. Internally
illuminated signs shall be composed of individual channel letters,
as opposed to can signs enclosing copy on an illuminated sheet surface.
f.
Parking. On-site parking facilities shall be located to the
rear or side of the building or enclosed in a structure, above or
below ground.
g.
Service areas. All service areas shall be enclosed or otherwise
architecturally concealed from the street.
D. Professional Office Overlay District (:P).
1.
Conditionally Permitted Uses. The following uses may be permitted upon the granting of a use permit pursuant to the procedures in subsection
20.100.030.
2.
Professional offices, clinics, medical centers, and uses which
in the opinion of the Planning Commission are of a similar nature.
3.
Specific P District Regulations.
Specific P District Regulations
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Uses
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Min. Lot Area
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Max. Ht.
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Min Lot Width
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Max. Lot Coverage(1)
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Minimum Yards (1)
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Front
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Rear
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Side, Corner
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Side, Interior
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See a above
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5,000 sq. ft.
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Same as underlying district
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50 ft.
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70%
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15 ft.
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10 ft. (1)
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5 ft. (2)
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5 ft.
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NOTES
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(1)
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(2)
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One (1) foot shall be added for each twelve (12) feet of height
above the lowest fifteen (15) feet of building height.
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E. Watercourse Overlay District (:WC).
1.
Structures shall not be located closer then twenty (20) feet from the top of the natural creek bank. This requirement may be reduced upon the granting of a use permit pursuant to the procedures in subsection
20.100.030.
2.
In granting a use permit in the WC District, the Planning and
Zoning Commission shall consider requiring measures to preserve and
restore the creek area, especially for multifamily dwellings, and
commercial and industrial development; the Commission shall also consider
making other requirements as necessary to prevent abuse of the creeks
or alleviate problems which could be caused downstream. The Planning
Commission shall consider the recommendations of the Albany Creek
Restoration Report in making their determinations.
3.
New construction or substantial improvement of structures located
in flood-prone areas shall follow the regulations contained in Section
20.52.
F. Planned Residential Overlay District (":PR").
1.
Maximum Building Height. Maximum height shall be as provided in subsection
20.24.020 for the underlying zoning district, except that the Planning and Zoning Commission may make variations through approval of a conditional use permit pursuant to subsection
20.100.030 or a planned unit development procedure pursuant to subsection
20.100.060. No new conditional use permit shall be required for reconstruction of buildings existing prior to October 16, 2006.
2.
Other Development Standards. Development standards provided in subsection
20.24.020 for the underlying zoning district shall be applicable, except that the Planning and Zoning Commission may make variations through approval of a conditional use permit pursuant to subsection
20.100.030 or a planned unit development procedure pursuant to subsection
20.100.060. No new conditional use permit shall be required for reconstruction of buildings existing prior to October 16, 2006.
[Ord. No. 04-09; Ord. No. 2014-05 § 6; amended 12-4-2023 by Ord. No. 2023-06]
A. Purpose and Applicability. This subsection provides development regulations
that shall be applicable to the Residential Hillside Development District
(RHD) in addition to those regulations stated in the Table of Site
Regulations by District (subsection 20.24.020.A.).
The RHD District is applicable in the area included in the Albany
Hill Area Specific Plan adopted by the City Council on January 23,
1978. These RHD District regulations are intended to insure that precautions
are taken to maintain cultural resources, prevent the excessive removal
of vegetation, to insure the enforcement of adequate grading controls
to prevent erosion. Additionally, these regulations seek to insure
aesthetic development compatible both with existing development and
the public and private open space areas on Albany Hill.
B. Single-Family Residential Development on Less Than Two (2) Acres.
1.
Lot Size, Lot Width, Density, Setbacks, Coverage, and Floor
Area Ratio. Refer to Table of Site Regulations by District (subsection
20.24.020.A.).
a.
Increase of Density. The permitted density in subsection
20.24.020 may only be increased by a vote of the electorate of the City of Albany. (Measure K, effective date 6/7/94)
b.
Reduction of Density. The permitted density in subsection
20.24.020 may be reduced by a vote of the Albany City Council in accordance with the City Code for amending zoning provisions. A reduction in density limits, therefore, need not be submitted to the voters for their approval.
c.
Setbacks for Unenclosed Structures.
1)
Balconies, stairways and decks above thirty (30) inches from
adjoining grade shall not be located within five (5) feet of a side
property line.
2)
Stairways and landings less than thirty (30) inches in height
are permitted within required setback areas. However, landscaping
and decorative pavement materials shall be substituted for concrete
surfaces to the extent possible.
2.
Grading. All grading within the RHD District shall require approval
of a grading permit by the Community Development Department.
3.
Consistency with Measure K. The maximum permitted density for
a single-family development shall be consistent with the General Plan
density established by Measure K or any amendments thereto.
4.
Open Space. Development of single-family dwellings shall to
the extent possible promote creative design that maintains open space
to insure environmental sensitivity and substantial compliance with
the regulations contained within the RHD District.
5.
Accessory Buildings. Detached accessory buildings are permitted subject to approval of a design review application by the Planning and Zoning Commission, except accessory dwelling units which are regulated by Subsection
20.20.080.
[Amended 6-1-2020 by Ord.
No. 2020-04]
6.
Curb Cut Width. Curb cuts for a single family residence shall
not exceed twenty (20) feet in width along the adjacent street frontage.
C. Planned Unit Development. Development standards for a planned unit
development shall be consistent with the purposes of Planned Unit
Developments as stated in subsection 20.100.060.A.
1.
Application Required. All multiple-family residential development and any single-family development which comprises two (2) acres of land area or more shall require submittal of a Planned Unit Development Application (subsection
20.100.060).
2.
Consistency with Measure K. The maximum permitted density for
a planned unit development shall be consistent with the General Plan
density established by Measure K or any amendments thereto and the
slope density restrictions contained herein.
3.
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.
Average slope shall be measured by utilizing the following formula:
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S=
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.00229 IL
A
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S = Average cross slope of the ground in percent
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I = Contour interval in feet
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L = Combined length of all contours (in feet)
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A = Area of the parcel in acres
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Example:
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13.74% =
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.00229 x 2 x 3000
1.0
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S = 14% (rounded)
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I = 2 feet (vertical interval between contour lines)
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L = 3000 feet (sum of measured horizontal length
of contour lines)
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A = 1.0 acre (43,560 square feet)
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E. Natural Topographic Features. Any portion of a proposed residential
development site which exceeds forty (40%) percent average slope or
with existing topographical features such as ridgelines, cliffs, deep
ravines, native tree cover or a significant biotic habitat shall not
be considered as lot area for purposes of the calculating density.
Any area so excluded shall also be precluded from any further residential
development by designation as a private or public open space, scenic
easement, and dedication of development rights in perpetuity or other
appropriate method.
F. Performance Standards. The performance standards contained herein
are applicable to all development in the RHD District and are the
minimum necessary to insure that the intent and purpose of this chapter
are accomplished.
1.
Grading. All grading in the RHD District requires approval of
a grading permit by the Community Development Department. Streets,
buildings and other man-made structures shall be designed to complement
the natural terrain and landscape. Padded, split level, terraced and
level sites shall only be utilized where appropriate and where it
can be demonstrated that unfavorable visual impacts will not be created.
Graded slopes for construction of streets and buildings generally
shall not exceed three (3) feet horizontal to one (1) foot vertical
(3:1). Maximum 2:1 slopes can be considered upon recommendation of
a geotechnical engineer.
a.
The design, scope and location of the grading will be compatible
with existing grades on adjoining property and shall result in minimal
disturbance to the terrain and natural land features.
b.
Grading shall to the extent possible match or blend with the
natural contours of the site.
c.
Existing trees and native vegetation shall be retained to the
extent possible to stabilize hillsides, reduce erosion and to preserve
the natural scenic beauty of the area.
d.
Geologic hazards and adverse surficial soil conditions shall
be mitigated to the extent possible.
e.
Grading plans shall to the extent feasible balance cut and fills
on site so that the import and export of materials for development
is minimized.
2.
Views. Structures shall be located so as not to significantly
disrupt the natural silhouette of prominent ridges from lower elevations
or eliminate existing bay views or vistas. The Planning and Zoning
Commission and City Council may also establish specific project design
criteria that will preserve significant ridgeline or bay views or
vistas from within a planned unit development.
3.
Building Height. The maximum building height for a single-family
residence on a downhill site shall be thirty-five (35) feet above
the original grade of a site measured from the midpoint of the building
envelope. The maximum permitted height for a single-family residence
on an uphill site shall be twenty-eight (28) feet above the original
grade of a site measured from the midpoint of the building envelope.
No portion of a single-family dwelling or garage structure shall exceed
fifteen (15) feet in height within the front setback on an uphill
or downhill site.
(6) (a) (2) MEASUREMENT OF HEIGHT: RHD DISTRICT
|
4.
Landscaping/Fencing/Walls. Landscaping of areas around structures
shall provide a smooth transition and blend into the natural landscape.
Graded areas shall be replanted with an emphasis placed upon fire
retardant, drought tolerant planting, erosion control, eliminating
visual scarring and replanting of the native habitat. Open fencing
and the use of short walls as a base for fencing to smooth the transitions
of grades in hillside areas is encouraged. The use of natural materials
(brick, stone) for fencing and walls that relates to the residential
buildings is encouraged.
A coordinated palette of wall and fencing materials to provide
richness and continuity in developed areas is encouraged. Retaining
walls shall to the extent possible be designed to incorporate planting
and allow views out to the landscape from private yards. The use of
stepped retaining walls and cascading plant materials to soften the
wall face is encouraged (see Figure 1 at the end of this subsection).
5.
Trees. Trees in excess of six (6) inches in trunk diameter measured
at a point three (3) feet from the base shall be considered significant
trees in this district and shall be retained to the extent possible.
Removal of such a tree requires issuance of a tree removal permit
by the Community Development Department. This requirement shall apply
to unimproved properties in this District. All design review and/or
Planned Unit Development applications shall indicate trees proposed
to be removed.
6.
Building Design. Both upslope and down slope units shall be
designed to reduce visual impacts and grading. To the extent possible,
residential units shall be stepped uphill or downhill to reduce the
height and mass of the buildings from the street. The use of stepped
foundation is encouraged (see Figure 2 at the end of this subsection).
Rooflines shall relate to the slope and topography and shall be as
inconspicuous as possible. Second stories, if appropriate, shall incorporate
a variety of bays and recessed overhangs so that the appearance of
vertical mass and visual impacts are reduced. To the extent possible,
grading plans shall create building pads that support low profile
buildings which require minimal retaining walls or support structures.
Exterior structural supports and undersides of floors and decks shall
not exceed six (6) feet in height except where the Planning and Zoning
Commission finds that: (1) no alternative design is feasible, (2)
grading to eliminate the need for such support would result in visual
scarring or additional environmental damage and (3) no area exists
on the property which would reduce or eliminate the need for such
supports.
7.
Exterior Materials. All development within the RHD District
shall utilize materials and colors that are compatible with the surrounding
environment. The use of wood shakes as an exterior siding or roof
material is not permitted. Concrete as an exterior material for driveways,
walkways or retaining walls is discouraged. If concrete is utilized,
the stark appearance shall be mitigated by mixing an alternate color
into the pour or use of an alternate material (aggregate, rock).
8.
Streets and Driveways. New streets and driveways in the RHD
District shall be designed to be parallel to contours to the extent
possible. Intermittent widening of streets for guest parking and turnarounds
at appropriate places are encouraged. The maximum street section permitted
in this area shall be thirty-two (32) feet zero (0) inches curb to
curb with guest parking on one side of the street only. Guest parking
bays and islands are encouraged to be provided where appropriate.
All minimum standards of the Albany Fire Department shall be satisfied
for roadway width, turnarounds and pavement materials.
9.
Street Lighting. Street lighting provided, as part of any new
development, shall be of a low profile design, unobtrusive and designed
to be compatible with the character of the development and area.
10.
Sidewalks, Walkways and Trails. Sidewalks shall be discouraged
in this district in favor of pedestrian walkways and trails which
shall be integrated into an overall circulation plan for the development.
11.
Environmental Constraints. All development in the Residential
Hillside Development (RHD) District shall be developed in a manner
which is compatible with the environmentally sensitive setting. The
Community Development Department or the Planning and Zoning Commission
may require special studies as a part of design review or the planned
unit development process. Typical studies requested may include but
are not limited to soil and geotechnical reports, cultural resource
(archaeological) surveys, biotic or tree studies, and such other studies
that might have otherwise been required if a CEQA review was undertaken.
Figure 1. Alternative Wall Treatments
|
Figure 2. Hillside Building Forms
|
[Ord. No. 04-09; Ord. No. 09-011 § 10; Ord. No. 2017-05 § 1; amended 1-16-2024 by Ord. No. 2023-07]
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.
ADUs with a maximum size of eight hundred (800) square feet
may be excluded from said calculation.
d.
Any covered area on or below the first or main floor, shall
be considered a story and shall be calculated in the floor-area ratio
if the average height of the perimeter is greater than five (5) feet,
except a single parking area may be excluded as provided in Paragraph
B.1.b above. Measurement of height shall be taken from existing grade
conditions at the time the application is filed from the exterior
to the top of existing finished floor of the first, main or story
above. For the purposes of calculating Floor Area Ratio pursuant to
this section, the average perimeter height shall not be altered to
achieve a height less than five (5) feet.
e.
Decks, patios or other usable open areas shall be excluded from
calculation of gross square footage, except where such element is
enclosed on three (3) or more sides. (Two (2) walls and a solid roof
shall be counted as three (3) sides.)
f.
The total exterior gross square footage of the footprint above
and below the stairs shall be calculated for the purposes of FAR.
Deductions shall be made for the actual stairwell footprint, up to
a sixty (60) square foot maximum deduction from the overall FAR.
g.
Any attic space having a floor area of at least one hundred
fifty (150) square feet with a ceiling height of seven (7) feet six
(6) inches or more shall be calculated as gross square footage.
2.
Except in the Residential Hillside Development District (RHD),
the total gross square footage of single-family dwellings shall not
exceed a Floor Area Ratio of .55. The Planning and Zoning Commission
may approve a floor/area ratio of up to .60 based on determination
that any of the following conditions exist:
a.
The site is of such a size that application of the .55 floor/area
ratio would result in a gross square footage of less than one thousand
five hundred (1,500) square feet.
b.
The site is in a zone other than R-1 and buildings on any surrounding
properties exceed FAR .60, and the higher FAR is warranted by considerations
of harmonious transition among properties.
c.
The proposed design has architectural features, which contribute
substantially to neighborhood quality, which could not be achieved
in a smaller building mass.
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; amended 9-6-2022 by Ord. No. 2022-03]
See Table 3: Setback Areas, Encroachments.
Table 3: Setback Areas, Encroachments (20.24.060)
|
---|
Type of Projection
|
Limitations
|
Maximum Projection into Required Setback Area
|
Minimum Distance from a Property Line for any Projection
|
---|
Required Front Yard
|
Required Rear Yard
|
Required Interior Side Yard
|
Required Exterior Side Yard
|
---|
Chimneys
|
|
3 feet (any required setback)
|
|
|
3 ft.
|
3 ft.
|
Open Stairways or landings
|
May be covered but not enclosed by walls on more than two (2)
sides
|
2 ft. (side yard)
6 ft. (front or rear yard)
Except, no maximum projection within San Pablo Avenue Specific
Plan planning area
|
|
|
3 ft.
|
3 ft.
|
Balconies, Porches and Decks
|
|
No projection permitted (side yard)
6 ft. (front or rear yard)
|
|
|
|
|
Cornices, Eaves and Permanent Decorative Ornaments
|
Minimum seven (7) feet above grade
|
|
|
|
2 ft. 6 in.
|
2 ft. 6 in.
|
Canopies and Awnings
|
Minimum seven (7) feet above grade
|
|
6 ft.
|
6 ft.
|
2 ft. 6 in.
|
2 ft. 6 in.
|
Projecting Bays
|
Maximum width equal to 25 percent of the wall plane from which
bay projects.
|
2 ft. 6 in. (any required setback)
|
|
|
3 ft.
|
3 ft.
|
Projecting mechanical equipment
|
|
No projection permitted (Front or side yard)
3 ft. (rear yard)
|
Not permitted
|
|
Not permitted
|
Not permitted
|
[Ord. No. 04-09; Ord. No. 09-011 §§ 11-13;
amended 9-6-2022 by Ord. No. 2022-03]
A. Interior Property Lines Abutting Residential District Boundaries.
The minimum setback where an interior lot line of a property in a
Solano Commercial District abuts a residential district boundary shall
be five (5) feet on the side:
1.
The minimum setback at the rear shall be one of the following
two (2) options: 1) Twenty (20) feet in height at a point ten (10)
feet back from the property line, plus a forty-five (45) degree daylight
plane to the maximum permitted height, or 2) Twelve (12) feet in height
at the property line, then, horizontally to a point ten (10) feet
from the property line, plus thirty-five (35) degrees from vertical
daylight plane to the maximum permitted height. (See subsection 20.24.070.A.,
Figure 1.a and 1.b.) If there is a difference in grade planes between
two (2) adjacent parcels, the Community Development Director shall
determine appropriate grade plane to be used for daylight plane calculation.
No projections shall be allowed in the area between the daylight
planes and rear property line. Usable open spaces located on top of
the structure, within ten (10) feet of a residential district boundary,
shall have a solid fence or wall six (6) feet in height. The combined
height of the structure and the wall shall comply with daylight plane
requirements of this Code.
Figure 1.a
|
Figure 1.b
|
2.
The minimum setback, where an interior lot line of a property in a higher density residential district abuts a lower density residential district, and Municipal Code Section
20.24.030 does not apply, the minimum side yard setback shall be five (5) feet on the side. An additional setback for any portion of any structure extending above twenty-eight (28) feet in height, up to the maximum height permitted in the zoning district, shall be defined by a daylight plane extending from a base point located twenty-eight (28) feet above the ground plane at the line of the five (5) foot required side yard setback, inclined away from the vertical at a forty-five (45) degree angle (See figure 2). If there is a difference in grade planes between two (2) adjacent parcels, the Community Development Director shall determine appropriate grade plane to be used for daylight plane calculation.
Figure 2
|
3.
The minimum setback, where an interior lot line of a property in a higher density residential district abuts a lower density residential district, and Municipal Code Section
20.24.030 does not apply, shall be fifteen (15) feet at the rear. An additional rear yard setback for any portion of any structure extending above twenty (20) feet in height, up to the maximum height permitted in the district shall be defined by a daylight plane extended from a base point located twenty (20) feet above the ground plane at the line of the required setback, inclined away from the vertical at a forty-five (45) degree angle (See figure 3). If there is a difference in grade planes between two (2) adjacent parcels, the Community Development Director shall determine appropriate grade plane to be used for daylight plane calculation.
Figure 3
|
B. Exterior Property Lines at Streets Abutting Residential Districts.
1.
Except within the San Pablo Avenue Specific Plan planning area,
where a property in a Residential Medium Density District (R-2) or
a Residential High Density District (R-3) has an exterior lot line
that abuts a residential district, the minimum setback from such lot
line shall be fifteen (15) feet. An additional setback for any portion
of any structure extending above twenty-eight (28) feet in height,
up to the maximum height permitted, shall be defined by a daylight
plane extending from a base point located twenty-eight (28) feet above
the line of the minimum required setback, inclined away from the vertical
at a forty-five (45) degree angle. See Figure 4 below. Within the
San Pablo Avenue Specific Plan planning area, see regulations in Subsection
20.24.070.C.
2.
Where a property in the SC Solano Commercial District has an
exterior lot line at a street that intersects with Solano Avenue,
and any property located directly across such a street is in a residential
district, the minimum setback from the exterior lot line of the commercial-zoned
property shall be fifteen (15) feet, extending for a distance equivalent
to the width of the residential-zoned property, as projected across
the street. An additional setback for any portion of any structure
extending above twenty-eight (28) feet in height, up to the maximum
height permitted, shall be defined by a daylight plane extending from
a base point located twenty-eight (28) feet above the line of the
minimum required setback, inclined away from the vertical at a forty-five
(45o) degree angle. See Figure 4 below.
Figure 4
|
C. San Pablo Avenue Specific Plan Abutting Residential Zones. San Pablo
Commercial (SPC) District. Height stepback standards shall be required
as follows when SPC or R-3 zoned parcels are located adjacent to a
residential district:
1.
SPC-zone sites abutting an R-3 or other lower density residential
zone:
a.
Abutting Rear Yard of Residential Zone: SPC-zoned site shall
have a minimum rear yard setback of ten (10) feet. Above the third
story, and no higher than thirty-eight (38) feet above grade, a twenty-foot
setback from the property line is required (see Figure 5).
b.
Abutting Side Yard of Residential Zone: SPC-zoned site shall
have a minimum interior side yard of five (5) feet (see Figure 6).
Figure 5: Abutting Rear Yard
|
Figure 6: Abutting Interior Side Yard
|
2.
Sites separated by a public right-of-way from an R-3, R-2, or
other lower density residential zone:
a.
Except within the Northern Node, SPC and R-3 zoned sites shall
have a facing setback (may be defined as front or rear) of at least
fifteen (15) feet. Above the third story and no greater than thirty-eight
(38) feet above grade, a twenty-foot setback from the property line
is required (see Figure 7).
b.
Within the Northern Node, the upper story setback may start
at up to fifty (50) feet above grade (see Figure 8).
Figure 7: Across Public Right of Way
|
Figure 8: Across Public Right of Way - Northern Node
|
[Ord. No. 04-09; Ord. No. 09-011 §§ 14, 15,
18]
A. Measurement of Height of a Structure. The height of a structure shall
be measured with reference to a plane defined by the natural grade
at the perimeter of the structure. The distance of the highest point
of the structure shall be measured directly above said plane. See
subsection 20.24.040.F.3 for special height measurement provisions
applicable in the RHD Hillside Residential District.
B. General Exceptions. Subject to approval of a use permit, towers,
spires, cupolas, chimneys, elevator penthouses, water tanks, monuments,
flagpoles, theatre scenery storage structures, fire towers, and similar
structures may be erected to a height not more than ten (10) feet
above the height limit prescribed by the regulations for the district
in which the site is located, provided that no such structure shall
be used for habitable space or advertising purposes, and provided
that the aggregate of such structures does not cover more than ten
(10%) percent of the roof area of the top floor of the structure to
which they are attached. All structures that exceed the height limit
shall be subject to design review.
C. Mechanical Appurtenances. Mechanical appurtenances covering not more than twenty (20%) of the roof area of the top floor of any nonresidential, mixed use or multi-family structure to which they are attached may exceed the height limit prescribed by the regulations for the district in which the site is located by six (6) feet subject to design review and provided that such structures are screened in accordance with subsection
20.24.110, and further provided that no screening is located within ten (10) feet of the perimeter of the plate line of the top story.
D. Exemptions.
1.
The height limitations specified by this chapter shall not be
applicable to public utility distribution and transmission lines,
towers and poles.
2.
Rooftop equipment enclosures or screen walls that do not exceed
four (4) feet in height shall be exempt from the requirement for a
use permit, but shall be subject to design review.
E. Residential Additions. The Planning and Zoning Commission may grant
a use permit for a second story addition that exceeds the maximum
height of twenty-eight (28) feet, in no case above thirty-five (35)
feet, in an R-1 Zoning District if, on the basis of the application
and the evidence submitted, the Commission makes at least one of the
following findings:
1.
The roof pitch of the second story is designed to be consistent
with the roof pitch on the existing house in order to maintain a unified
architectural character.
2.
The existing house has a partial ground story, which causes
an increase in the overall height of the building, and there are sound
design reasons for considering a roofline, which exceeds twenty-eight
(28) feet.
3.
The natural downward or upward topography of the site causes
an increase in the overall height of the building. The minimum roof
pitch has been maintained on the addition to be consistent with the
existing architectural design of the house. The height has been measured
from the natural or finished grade to the highest point of the roof.
4.
The existing architectural character and design of the house
must be maintained. Design factors have been considered to offset
or minimize the increased height, such as breakup in the mass and
bulk, offsetting one or more portions of the addition from the ground
story wall line, and adding architectural details and elements such
as horizontal trim or other features to create interest.
5.
Planning and Zoning Commission, subject to Design Review criteria, may grant a use permit to allow greater height for second story additions, up to thirty-five (35) feet, measured in accordance with subsection
20.24.080, and based on all three (3) of the following findings:
a.
The existing house has a partial ground story that causes an
increase in the overall height of the building, and there are sound
design reasons from considering a roof line that exceeds twenty-eight
(28) feet.
b.
The natural downward or upward topography of the site causes
an increase in the overall height of the building. The minimum roof
pitch has been maintained on the addition to be consistent with the
existing architectural design of the house. The height has been measured
from the natural or finished grade to the highest point on the roof.
c.
The existing architectural character and design of the house
is maintained. Design factors have been considered to offset or minimize
the increased height, such as breakup in the mass and bulk, offsetting
one or more portions of the addition from the ground story wall line,
and adding architectural details and elements such as horizontal trim
or other features to create interest.
[Ord. No. 04-09; amended 9-6-2022 by Ord. No. 2022-03]
A. Purpose. These regulations are intended to set forth standards for
the development of usable open space necessary to fulfill needs for
outdoor leisure and recreation, to preserve valuable natural resources,
and to improve the quality of residential living, both in multiple-family
settings and in settings where multiple-family dwellings are combined
with nonresidential activities.
B. Standards and Requirements.
1.
Usable Open Space, General.
a.
Usable open space includes areas located on the ground or on
a roof, balcony, deck, porch or terrace, which are accessible and
available to all residents for whose use the space is intended.
b.
Usable open space does not include street rights-of-way, public
and private surface easements, accessory buildings, open parking areas,
driveways, and access ways for the dwellings, land area utilized for
garbage and refuse disposal or other servicing maintenance, and required
front yards or street side yards.
c.
Suitable recreational structures designed to be consistent with
the intent of this subsection may be considered usable open space.
2.
Common Usable Open Space.
a.
Common usable open space is available for use by the occupants
of more than one dwelling unit and is either:
1)
Controlled and maintained by the owner of the property, or by
an incorporated nonprofit homeowner's association and devoted exclusively
to the recreation, scenic and leisure use of all the occupants of
the property or,
2)
Dedicated in fee to, and maintained by, a public agency or recreation
district, and devoted to the recreation, scenic and leisure use of
the population that will occupy the district.
b.
Any area to be credited towards common usable open space shall
be of such size and shape that a rectangle inscribed within it shall
have no dimension less than fifteen (15) feet, and insofar as is possible,
shall be contiguous with other common usable open space on or adjacent
to the site.
c.
Decks on roof spaces of main structures, garages, carports,
or other accessory buildings may be credited to the total required
common usable open space requirements. The design of such a deck must
be aesthetic, adequately surfaced, and functional for the purpose
for which it is intended.
d.
The applicant shall employ appropriate methods to insure the
permanent status and maintenance of common usable open space.
3.
Private Usable Open Space.
a.
Private usable open space is that open space devoted exclusively
to the recreation and leisure use by occupants of one (1) dwelling
unit and is located immediately adjacent to that unit.
b.
Any ground-level area credited towards private usable open space
shall not be less than fifty (50) square feet in area, and shall be
of such size and shape that a rectangle inscribed within it shall
have no dimension less than four (4) feet.
c.
Any area on a roof, balcony, deck, porch, or other structure
not located at ground level that is credited towards private open
space shall be not less than thirty-six (36) square feet in area,
and shall be of such size and shape that a rectangle inscribed within
it shall have no dimension less than four (4) feet.
4.
Usable Open Space Requirement.
a.
All multifamily dwellings (three (3) or more units) within the
San Pablo Avenue Specific Plan planning area shall provide at least
one hundred (100) square feet of usable open space per unit.
1)
Open space may be any combination of private or common open
spaces.
2)
On-site publicly-accessible open space may satisfy up to one
hundred (100%) percent of the usable open space requirement within
the Solano Avenue node, as depicted in the San Pablo Avenue Specific
Plan Zoning District & Overlays map (Figure 2-2) and up to fifty (50%) percent in other locations.
b.
All multifamily dwellings (three (3) or more units) outside
of the San Pablo Avenue Specific Plan planning area shall provide
at least two hundred (200) square feet of common usable open space
per unit; except that each square foot of private usable open space,
up to a maximum of one hundred (100) square feet for each individual
unit, may be substituted for two (2) square feet of the common usable
open space requirement.
[Ord. No. 04-09]
Garages, carports and other structures may be attached to and
have a common wall or roof with the main structure on a site, or may
be connected with the main structure by a breezeway, provided that
the open spaces surrounding all structures shall conform with the
regulations for the district in which they are located. A breezeway
shall not exceed twelve (12) feet in height at the ridge, and no more
than fifty (50%) percent of the sides of the structure shall be enclosed
with any material other than that necessary for roof supports. Where
there is more than one (1) structure on a site, the minimum distance
between main structures shall be ten (10) feet, the minimum distance
between a main structure and an accessory structure on the same site
shall be six (6) feet.
[Ord. No. 04-09; Ord. No. 09-011 §§ 16, 17]
A. Purpose. These regulations are intended to provide for security and
privacy, to protect individual properties from traffic, noise, heat,
glare and dust, and to improve the appearance of neighborhoods in
Albany by providing adequate landscaping and screening.
B. Application. General landscaping which may be required by the Planning and Zoning Commission as part of the design review process provided for in subsection
20.100.050 shall meet the standards and requirements included in this subsection. Specific screening requirements are also included in this subsection.
C. Fences, Walls and Hedges, General.
1.
Except as otherwise provided below, no fence, wall or hedge
shall exceed six (6) feet in height in any R District, or eight (8)
feet in height in any C District. In the case of a fence proposed
at a property line where there exists a disparity of elevation of
eighteen (18) inches or more between one property and another, the
Community Development Director shall determine the base elevation
for measuring the height of the fence.
2.
In any R District any fence, wall hedge, or other visual obstruction
shall not exceed three (3) feet in height within any required front
yard. A visual obstruction exceeding three (3) feet in height within
ten (10) feet of any property line abutting a street shall be subject
to administrative design review. No exceptions shall be made for residential
structures with nonconforming front yard setbacks (see illustration
below).
|
Exception to height limit in front yard: A structure
designed to provide a decorative gateway, such as an arbor, trellis
or pergola, may occupy an area not to exceed twenty (20) square feet,
with a maximum horizontal dimension of six (6) feet and a maximum
vertical dimension of ten (10) feet, subject to administrative design
review approval based on all of the following findings:
|
a.
The structure is not attached to the principal structure or
any other structure other than a fence.
b.
Structural bulk is minimized by the use of open materials such
as lattice.
c.
The location of the structure does not create a sight distance
problem with respect to driveways or street intersections.
d.
The design of the structure is appropriate to the main building
and the landscaping of the property.
3.
In the street side yard of a corner lot, any fence, wall, hedge,
or other visual obstruction, shall not exceed three (3) feet in height
within ten (10) feet of the intersection of a street line with the
outside line of any driveway, or within twenty-five (25) feet of the
intersection of any two (2) street lines. See illustration above.
4.
Trees on which branches are removed from the ground line to
a point five (5) feet above the ground line are excluded from the
restrictions in subparagraphs 1, 2 and 3 above. The Community Development
Director may make an exception for a tree that has not reached maturity
upon finding that the tree does not constitute a safety hazard by
blocking a sight line.
5.
Fences, walls, hedges or necessary retaining walls may occupy
not more than one (1) foot of the width of a minimum required side
yard.
6.
The maximum height of fences, walls or hedges shall be eight
(8) feet along interior lot lines which are adjacent to public recreational
facilities such as parks, playgrounds and bicycle paths.
7.
No fence, wall, gate, hedge or retaining wall, nor any portion
of a tree or other vegetation having a vertical clearance of less
than seven (7) feet, shall encroach upon any public right-of-way without
an encroachment permit, nor, in any case, upon any sidewalk within
a public right-of-way. All such structures or vegetation shall be
maintained so as to avoid encroachment upon the public sidewalk. The
Community Development Director may make an exception for a tree that
has not reached maturity upon finding that the tree does not constitute
a significant obstruction to use of the sidewalk.
D. Screening Requirements, General.
1.
Five (5)-foot landscaped strips immediately behind all property
lines shall be provided in Residential Districts for all uses other
than residential uses.
2.
Landscaped strips or other screening may be required by the
Planning and Zoning Commission for any use in the PF, WF and all Commercial
Districts.
3.
Dense landscaping or a solid wall or fence shall be provided:
a.
Along the rear and side property lines of any nonresidential
use which abuts on a residential use;
b.
To screen any open area used for the storage of goods, materials,
or wastes from view from abutting properties and from public rights-of-way;
all openings for access to such storage areas shall be provided with
solid gates or other devices constructed of view-obscuring materials;
c.
To screen any open area used to display goods or materials for
sale from view from abutting properties.
d.
To screen manufacturing activities from view from public rights-of-way;
e.
To provide relief from adjacent noise sources; a wall designed
for acoustical attenuation may be required.
f.
To screen roof-top mechanical appurtenances from view from abutting
properties and public rights-of-way.
4.
Conformity. The landscaping and screening requirements of this
subsection shall be satisfied by all property owners, as applicable,
within five (5) years of the date of adoption of this chapter.
E. Screening Standards, General.
1.
Height.
a. Minimum Height. The minimum height of screening devices required
in paragraph C, 3 above shall be six (6) feet, except that the Planning
and Zoning Commission may reduce the required height.
b. Maximum Height. The maximum height of screening shall be as provided
for in subsection 20.24.110.C.
c. Where a specific height of planting is required herein or by the
Planning and Zoning Commission, such landscaping shall be not more
than three (3) feet lower than the required height at the time of
planting in the case of a prescribed height of five (5) feet or more,
and shall not be more than two (2) feet lower than the required height
at the time of planting in the case of a prescribed height of less
than five (5) feet.
d. A landscaped earthen berm may count toward required heights of landscaping
and screening.
2.
Materials. Where trees are required, they shall be of a species,
degree of maturity, and spacing acceptable to the Planning and Zoning
Commission. Where dense landscaping to a specified height is prescribed
for screening, the landscaping shall be of a type and spacing so that
vision of objects on the opposite side is effectively eliminated up
to the prescribed height.
3.
Maintenance. All planting required by this chapter or by Planning
and Zoning Commission action shall be maintained in good growing condition.
Such maintenance shall include, where appropriate, pruning, weeding,
cleaning, fertilizing, and regular watering or otherwise maintained
as deemed necessary by the Community Development Manager. Whenever
necessary, planting shall be replaced with other plant materials to
insure continued compliance with applicable landscaping requirements.
All screening shall be in sound functional condition, or whenever
necessary, repaired and replaced.
4.
Encroachments. In order to meet landscaping requirements, portable
planter boxes or similar devices may encroach into the public right-of-way
not to exceed two (2) feet in the SPC District and one (1) foot in
the SC District. Such encroachments shall be subject to standards
established by the Community Development Director.
F. Screening and Landscaping, Off-Street Parking. (See Section 20.28
for parking space requirements and standards.)
1.
Screening of Parking Facilities for All Uses (Except Single-Family
and Two-Family Dwellings). The screening requirements for off-street
parking facilities associated with all uses, as well as for commercial
and public parking lots, but excluding single-family and two (2) family
dwellings, are as follows:
a.
Parking Facilities Abutting a Residential Use. A screening device
not less than six (6) feet in height shall be provided along all interior
lot lines, except that the height of a wall or fence adjoining a required
front setback in an R district shall not exceed three (3) feet.
b.
Parking Facilities in a Commercial District Across the Street
from a Residential District. The parking facilities shall be screened
by a fence, wall or compact evergreen hedge not less than five (5)
feet in height.
c.
Parking Facilities for Multifamily Residential Development.
A carport or open parking area for five (5) or more cars shall be
screened from an adjoining lot in any R district by a solid wall or
fence not less than six (6) feet in height, except that the height
of a wall or fence adjoining a required front setback in an R district
shall not exceed three (3) feet.
d.
Nonresidential Parking Facilities, Five or More Spaces. A parking
area for five (5) or more cars serving a nonresidential use shall
be screened from any adjoining R district by a solid concrete, solid
wood or masonry wall of not less than six (6) feet in height, except
that the height of a wall adjoining a required front setback in an
R district shall not exceed three (3) feet.
e.
All Parking Facilities. A screening device of at least three
(3) feet in height shall be provided between the parking spaces and
any exterior lot line.
f.
Materials. All screening devices shall be constructed of dense
landscaping or fence, wall, grill or other material.
2.
Landscaping of Parking Facilities for All Uses (Except Single-Family
and Two-Family Dwellings).
a.
Perimeter Planting Areas. Parking lots shall have perimeter
planting areas with a width of no less than five (5) feet at an exterior
property line, or no less than three (3) feet at an interior property
line. A parking structure having at-grade parking adjoining a street,
with no wall on the street side, shall have a five (5)-foot planting
area adjoining the street property line.
b.
Interior Planting Areas. The total area of interior planting
areas shall be at least five (5) percent of the area within the parking
area. Interior planting areas shall be distributed throughout the
parking lot and shall be subject to the following conditions:
1)
Interior landscaped areas shall be a minimum of three (3) feet
in width, except that an additional one (1) foot shall be required
where trees are planted.
2)
The end of each row of parking spaces shall be separated from
driveways by a landscaped planter, sidewalk, or other means.
3)
A minimum of one (1) tree for every three (3) spaces shall be
distributed evenly throughout the parking lot.
c.
Overhang Allowance: Where autos will extend over landscaping,
the required planting areas shall be increased two (2) feet in depth
by decreasing the length of the parking stall by two (2) feet. Where
autos will overhang into both sides of an interior landscaped strip
or well, the minimum inside curb-to-curb interior planter dimension
shall be seven (7) feet.
3.
Additional Landscaping of Parking for Nonresidential Uses Having Five (5) or More Parking Spaces. All off-street parking for nonresidential uses having five (5) or more spaces shall provide additional landscaping, which shall be subject to design review procedures set forth in subsection
20.100.050. Such additional landscaping shall be required as is appropriate to the design and function of the structures, uses and other facilities on the site.
a.
Purpose: The purpose of these requirements is to ensure that
landscaping for nonresidential parking areas:
1)
Conforms to the Design Review requirements and standards as
set forth in subsection 20.100.050.D of this chapter.
2)
Provides visually pleasing setting for off-street parking areas
in relation to structures, uses and other facilities on the site and
on adjoining or nearby sites.
3)
Blends harmoniously with the natural landscape and other important
visual features of the site and the surrounding area and is appropriate
to the design and function of structures and other facilities on the
site or on adjoining or nearby sites by providing adequate planting,
visual screening and other design features.
4)
Promotes harmonious transitions between different land uses.
b.
Minimum Requirements and Standards:
1)
One (1) tree shall be provided for every eight (8) parking spaces,
except that all parking areas of five (5) or more spaces shall require
at least one (1) tree. The trees shall be planted in tree wells of
at least four-by-four (4x4) feet in locations approved by the Planning
and Zoning Commission, and shall be provided with a means of irrigation
and maintained in a living condition.
2)
All planters and tree wells shall be enclosed by a concrete
curb not less than six (6) inches in height.
3)
The actual design and site planning that incorporates this additional
landscaping shall be reviewed on a case-by-case basis with the objective
of mitigating the visual impact of parking lots. The following minimum
standards shall apply:
a) Parked cars must be screened from public streets
and adjacent properties and uses with landscaping along the edges
of the parking areas.
b) Substantial landscaped areas must be provided within
the parking lots. To maintain visibility for public safety, secluded
niches and corners should be avoided. Two (2) story landscaping that
includes both large canopy or oval trees and low shrubs (not exceeding
thirty (30) inches in height) are strongly encouraged.
c) Each off-street parking area having fifty (50) or
more spaces shall have landscaped areas equivalent to at least ten
(10%) percent of the area of the parking lot in addition to the minimum
open space and setback requirements pursuant to this chapter. The
design of the landscaping shall be coordinated with the overall landscaping
for the site and shall not result in a net reduction of parking spaces.
G. Screening and Landscaping of Loading Areas. The screening requirements
for off-street loading facilities are as follows:
1.
Uses in a Commercial or Industrial District Across the Street
from a Residential District. The loading facilities shall be screened
by a fence, wall or compact evergreen hedge not less than five (5)
feet in height.
2.
All Uses in Commercial or Industrial Districts. A screening
device of at least three (3) feet in height shall be provided between
the loading spaces and any exterior lot line.
3.
Materials. All screening devices shall be constructed of dense landscaping or a fence, wall, grill or other material and shall meet the landscaping requirements of subsection 20.24.110E., if applicable, and the fence, wall and hedge requirements of subsection
20.24.110C.
[Ord. No. 04-09]
A. Refuse storage area, including an area dedicated to materials being
held for recycling, screened on all sides by a six (6)-foot high solid
wall of wood or masonry or a comparably durable material, or located
within a building, shall be provided prior to occupancy for all uses
other than a single-family or two (2)-family residence. Gates shall
be located and oriented to facilitate deposit and collection, and
are to be self-latching.
[Ord. No. 04-09; Ord. No. 09-011 § 19; Ord. No. 2014-05 § 7; amended 12-4-2023 by Ord. No. 2023-06]
A. Purpose. These regulations are intended to ensure that required yard
areas and access ways in residential districts remain substantially
open and unobstructed and that accessory buildings are not used in
a manner inconsistent with the General Plan and this chapter.
B. Definition. Refer to "Building, accessory" in the definitions section
of this chapter.
C. Permitted Uses. Accessory buildings may be used as detached carports
or garages, patio shelters, garden or storage sheds, greenhouses,
pool houses, artist studios, workshops, tree houses, home offices,
City licensed home occupations, or for a similar function as determined
by the Planning and Zoning Commission.
D. Accessory Dwelling Units. Accessory dwelling units are regulated
by Ssubsection 20.20.080 as a use of land. Regulations of this subsection
for accessory buildings do not apply to accessory dwelling units.
[Amended 6-1-2020 by Ord.
No. 2020-04]
E. Prohibited Uses. Accessory buildings may not be used for sleeping
purposes.
F. Bathrooms and Kitchens. No kitchens shall be permitted in accessory
buildings. Bathroom facilities shall be limited to a sink and a toilet.
An exception shall be made for accessory buildings serving swimming
pools whereby all bathroom facilities are permitted, provided the
entire accessory building does not exceed one hundred twenty (120)
square feet in size.
G. Location on the Site. No accessory building shall be closer than
six (6) feet to the main building on the lot, nor located in a required
front setback area.
H. Setbacks. Accessory buildings shall be within six (6) inches of the
side or rear lot line, or shall be set back at least three (3) feet,
and shall be subject to the following provisions:
1.
Accessory buildings shall not have openings (windows, doors,
and vents) within three (3) feet of the property line. This includes
openings on walls that are perpendicular to a property line. An exception
shall be made for garage (vehicle) doors.
2.
Accessory buildings located on the street side yard of corner
lots are required to meet the minimum setback requirements for the
main building.
I. Rear Setback Coverage. No accessory building, nor the aggregate of
two (2) or more accessory buildings, in a residential district, shall
occupy more than thirty (30%) percent of the required rear setback
area, or more than thirty (30%) percent of the entire rear yard, whichever
is greater.
J. Maximum Height. The maximum height of an accessory building shall
be twelve (12) feet, except that within three (3) feet of the property
line, no exterior wall shall exceed eight (8) feet six (6) inches
in height, as measured from the top of the foundation, and no roof
pitch shall exceed forty-five (45°) degrees.
K. Projections. Accessory building roofs or other architectural projections
shall not project over a property line.
L. Tree Houses. This subsection establishes standards for tree houses
to ensure neighborhood compatibility. Tree houses that meet the following
limitations are exempt from City permit requirements. If any limitations
in the subsection below are exceeded, a variance and a building permit
will be required. The Community Development Director may specify additional
information required in support of an application for a variance:
1.
Maximum height. Twelve (12) feet above grade.
2.
Maximum size. Thirty-six (36) square feet.
3.
Setback. No tree house or access structure shall be within three
(3) feet of a property line.
4.
No habitable space. A tree house is intended for recreational
use and shall not be used as a habitable space.
5.
Prohibitions. No electricity, plumbing or heating shall be allowed.
[Ord. No. 04-09; amended 12-4-2023 by Ord. No. 2023-06]
A. Purpose. This subsection allows temporary buildings to be located
in designated districts of the City subject to reasonable regulations
intended to protect surrounding property and the public health, safety
and welfare.
B. General.
1.
A temporary building may be located in any site zoned SC, SPC,
CMX, R-3:P, WF or PF, if a Conditional Use Permit is granted by the
Planning and Zoning Commission.
2.
In addition to meeting the requirements of subsection
20.100.030 regarding Major Use Permits, the applicant shall show that there is sufficient reason to allow the temporary building. Examples of sufficient reasons are:
a.
The planned construction of a permanent building on the same
site;
b.
A short-term need for additional building space where there
is an existing permanent use on the same site; and/or
c.
A need for building space for a short-term use of a site.
3.
These regulations do not apply to construction trailers, sheds,
etc., located on the site while construction is underway, pursuant
to a construction permit issued by the City.
C. Requirements.
1.
The temporary building, and its installation, shall meet all
applicable City and State codes and other regulations.
2.
Sanitary facilities shall be provided to City standards, either
in the temporary building, or in a permanent building on the same
site.
3.
Any plumbing in the temporary building shall be connected to
public water lines and the City sewer system.
4.
The temporary building shall be removed within one (1) year
after the use permit is granted.
5.
The Planning and Zoning Commission may impose additional conditions
relating to landscaping, exterior appearance, location on the site,
site restoration, time limitation, etc.
[Ord. No. 04-09; amended 12-4-2023 by Ord. No. 2023-06]
A. Purpose. The following design criteria are intended to insure that
manufactured homes are designed and located so as to be harmonious
within the context of the surrounding houses and neighborhood.
B. Design Criteria. Manufactured homes shall be subject to Design Review procedures stated in Section
20.100.050. Manufactured homes shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards:
1.
The unit's skirting must extend to the finished grade.
2.
The roof must be of a material and style to be approved in the
design review process, and shall comply with the most recent edition
of the Uniform Building Code fire rating approved in the City of Albany.
3.
The roof must have eaves or overhangs of not less than one (1)
foot.
4.
Any covered parking shall be compatible with the manufactured
home design and with other buildings in the area.
5.
No more than one manufactured home may be located on any single
lot.
[Ord. No. 04-09; amended 9-6-2022 by Ord. No. 2022-03]
Commercial storefronts in the SC District shall have windows
on the ground floor street frontage that provide views into the buildings
and/or provide space for public display of merchandise or other materials,
or otherwise offer public attraction as determined in the design review
process. Alterations or treatments for the purpose of making windows
obscure shall be prohibited. All alterations shall be subject to design
review as required by subsection 20.100.50.
[Ord. No. 04-09]
The regulations applicable to each district shall be applied
to the area within that district, and no use other than parking serving
a principal use on the site shall be located in a district in which
it is not a permitted or conditional use. Pedestrian or vehicular
access from a street to a use shall not traverse a portion of the
site in a district in which the use is not a permitted or conditional
use.
[Ord. No. 04-09]
A. Purpose. The purpose of this section is to establish standards for
the location of external mechanical equipment on residential properties
in order to minimize any nuisance effects on adjacent properties.
B. Applicability. The standards of this section shall apply to equipment
that is likely to produce noise, glare, odor or heat that could intrude
upon adjacent properties. Such equipment includes but is not limited
to: pumps and heaters associated with hot tubs, spas and swimming
pool; exterior-located air conditioning equipment such as compressors
or heat pumps; exterior-located water heaters; emergency power generators;
and wind-driven pumps or power generators.
C. Acoustic Baffling. Noise-generating equipment shall be enclosed and/or
baffled by material sufficient to assure compliance with exterior
noise standards listed in Table I of Albany Municipal Code Section
8-1-4. The Community Development Director may require the submittal
of manufacturers' specifications to demonstrate that City standards
for exterior noise will not be exceeded. The Director may also require
the owner of any equipment installed according to this subsection
to provide acoustic testing of the equipment, in the event of any
complaints.
D. Setback Requirement. Any equipment, located in a side yard, that
is capable of generating odors, heat or air currents that could adversely
affect adjoining residential properties, shall be set back from a
side property line by the minimum required yard dimension, or five
(5) feet, whichever is greater.
E. Lighting Control. Any outdoor lighting associated with mechanical
equipment shall be directed and baffled to avoid overspill onto adjacent
residential properties.
[Added 10-17-2022 by Ord.
No. 2022-07]
The purpose of this section is to identify community amenities
required for new residential projects in the San Pablo Avenue Specific
Plan planning area to support equity, livability, sustainability and
place making. These benefits may include but are not limited to below-market
rate inclusionary housing units, sustainability measures, and open
space. Benefits may be updated from time to time by ordinance of the
City Council.
A. Applicability: All residential projects, including mixed use projects,
in the San Pablo Avenue Specific Plan planning area shall be required
to provide community benefits. Projects in the northern node, as depicted
in the San Pablo Avenue Specific Plan Zoning District & Overlays
map (Figure 2-2), are required to provide additional benefits.
B. Baseline Standards. Unless superseded by subsection C, below, all
new residential projects in the San Pablo Avenue Specific Plan planning
area are required to:
1.
Increase the below-market rate unit requirement, pursuant to Subsection
20.40.030, from 15% to 20%, split between low and very-low income units, or fee in-lieu for ownership units pursuant to Subsection
20.40.030F.4; or
2.
Provide one (1) amenity from subsection D (List A), below; or
3.
Provide two (2) amenities from subsection E (List B), below.
C. Northern Node Standards. Projects in the northern node that exceed
68 feet and/or 4.0 Floor Area Ration (FAR) are required to:
1.
Increase the below-market rate unit requirement, pursuant to Section
20.40.030, from 15% to 20%, split between low and very-low income units or fee in-lieu for ownership, pursuant to Subsection
20.40.030F.4; and
2.
Provide one (1) amenity from subsection D (List A), below; or
3.
Provide two (2) amenities from subsection E (List B), below.
D. Community Benefits List A:
1.
Publicly-accessible open space (e.g., plazas) equal to at least
1,500 square feet or 10% of the lot area, whichever is greater.
2.
Mid-block pedestrian connection on through-lots that extend
from San Pablo Avenue to Adams Street or Kains Avenue.
3.
Design and construction of site-appropriate bicycle, transit
and pedestrian facilities in the adjacent public right-of-way (e.g.,
bus shelter, bike facility, crosswalk improvement).
E. Community Benefits List B:
1.
Family-friendly housing, with at least 20% of units designed
with 3+ bedrooms.
2.
All electric design, defined as a building that has no natural gas or propane plumbing installed within the building, and that uses electricity as the source of energy for its space heating, water heating, cooking, and clothes drying appliances. This shall not be an eligible amenity that may be provided per Albany Municipal Code Subsections
20.24.190B.3 and C.3, should the City require an all electric design on residential projects in the future.
3.
Installation of on-site photovoltaic or solar hot water panels,
equivalent to powering at least fifteen (15%) percent of building
load.
4.
Ground-floor commercial space with minimum depth of fifty (50)
feet for at least fifty (50%) percent of the width and at least fourteen
(14) feet clear height inside the space.