Albany City Zoning Code
§ 20.36
PERFORMANCE STANDARDS
§ 20.36.010 Purpose, Applicability, Exceptions and Enforcement.
[Ord. No. 04-09]
A.
Purpose. The purpose of this Section is to establish standards of performance for uses of land and buildings in all districts, in order to ensure that other properties as well as persons and the community are provided protection against any adverse conditions that may be created as results of such uses.
B.
Applicability. This Section applies to the construction and on-going operation and maintenance of all sites, buildings and uses that may be the sources of any potentially adverse conditions for which standards are listed herein, regardless of the zoning districts in which such conditions may originate or have their effects.
C.
Exceptions:
1.
In the case of a deviation from these performance standards, which is for a temporary duration and for a reason found to be acceptable by the Community Development Director, a temporary use permit may be approved, subject to conditions that may be necessary to mitigate the effects of the deviation.
2.
Street lighting in the public right-of-way shall be exempt from the provisions of this section as may be necessary in the interest of public safety.
3.
Normal activities of residential living as may be accepted by the Community Development Director.
4.
Activities performed pursuant to building permits or in permit-exempt operations, or in accordance with conditions of City approval.
D.
Enforcement. Any violation of the performance standards stated herein shall constitute a zoning violation and shall be a public offense punishable under subsections 20.04.070, 20.04.080, other provisions of the Albany Municipal Code, the California Penal Code or such other laws as may be applicable. Enforcement of the provisions of this Section 20.36 shall be primarily the duty of the Community Development Director, or designee, or such other agency that has enforcement jurisdiction. Violations of this Section 20.36 are also considered nuisances that may be enforced by affected private parties. Except as specified for individual standards below, all measurements to determine the existence of any violation of the performance standards shall be made at the property line nearest the source of the suspected violation.
§ 20.36.020 Standards.
[Ord. No. 04-09; amended 2-3-2025 by Ord. No. 2025-02]
A.
Odor.
1.
No continuous, frequent or repetitive odors that are perceptible on or beyond property lines adjacent to the source are permitted. For purposes of this regulation, an odor shall not be deemed to be continuous, frequent or repetitive if it is detected no more than fifteen (15) minutes in any one day.
2.
Air Contaminants. No air contaminant shall be emitted that is detectable at, on or beyond property lines adjacent to the source by a reasonable person without instruments.
3.
Blown Air. The effects of blown air shall be addressed in a manner to mitigate adverse impact on abutting properties. Appropriate mitigation measures may include screening, location, and/or orientation of equipment installation.
B.
Electrical or Electromagnetic Disturbance. No uses, activities or processes shall cause electrical or electromagnetic disturbance, detected for more than fifteen (15) minutes in any one (1) day, that adversely affects the operation of any equipment, including radio and television receivers and other electronic devices, on any other property. This requirement shall not apply to uses that typically occur in a residential household, or to sources that are regulated by Federal law.
C.
Illumination and Glare.
1.
All exterior lighting, reflective surfaces or any other sources of natural or artificial illumination, including security lighting shall be designed, located, fitted, aimed, and maintained in a manner that minimizes and/or avoids glare and overspill onto any public right-of-way or on any other parcel.
2.
No lighting fixture shall be mounted higher than (16) feet above grade unless a greater height is approved through a minor use permit procedure in accordance with subsection 20.100.030.
3.
All outdoor lighting fixtures, including fixtures installed under outdoor canopies, shall be shielded in such a manner that no light is emitted above an angle of eighty-five (85°) degrees from the light source, measured from the vertical axis of the light source, so that direct light is not emitted in a horizontal plane from the source.
4.
Exterior lighting shall have intensities and uniformity ratios in accordance with the current recommended practices, as may be amended from time to time, of the Illuminating Engineering Society of North America (IESNA) as contained in the IESNA Lighting handbook.
5.
Exterior lighting originating on any property shall not exceed a maximum of 0.5 horizontal footcandles when measured with a standard light meter at a distance of twenty-five (25) feet beyond the property lines of the originating property.
D.
Heat and Humidity. Uses, activities and processes shall not produce any unreasonable, disturbing, or unnecessary emissions of heat or humidity at any property line of the site on which they are situated, that cause material distress, discomfort, or injury to a reasonable person.
E.
Noise. No person, animal, use or activity shall produce noise in excess of the standards for interior and exterior noise set forth in Section 8-1 of the Albany Municipal Code, nor shall other provisions of said chapter be violated.
F.
Vibration. No use shall create vibration discernible by a reasonable person without instruments at the property line nearest the source of such vibration.
G.
Physical Hazards.
1.
Fire. The storage, use, transportation or production of products that, either in the raw or finished state, constitute a flammable or explosive material shall be subject to the fire codes and approval of the Albany Fire Department. Fire Department personnel may, without prior notice, visit and observe operations on the site and any directives issued by said personnel shall be satisfied in a timely manner. Burning of waste materials in open fires or unapproved incinerators is prohibited.
2.
Wastes. The use, handling, storage and transportation of waste materials, including hazardous wastes, shall comply with the provisions of the California Hazardous Materials Regulations and any other applicable laws including the Alameda County Hazardous Waste Management Plan. Discharge at any point into a public or private sewage disposal system, watercourse or the ground, of any material of such nature or temperature as to contaminate any water supply, or otherwise cause the emission of dangerous, offensive or toxic elements is prohibited. No exceptions are allowed unless in accordance with regulations, licenses or approvals of the applicable local and state agencies having jurisdiction over such activities. As part of an application for a use permit for any use or activity that uses or generates hazardous materials, the applicant shall provide a plan for the on-site handling of such materials; the plan shall also address consideration of recycling waste materials as an alternative to disposal.
H.
Maintenance of Property. Each person, company or corporation residing in and/or utilizing a property in the City of Albany shall, at all times, maintain such property in good order and at a level of maintenance that ensures the continued availability of the structure and premises for a lawfully permitted use, and prevents deterioration, dilapidation, and decay of the exterior portions of the structure and premises, in conformance with accepted community standards as interpreted by the Community Development Director. Responsibilities in this regard shall include, but not be limited to, repair and maintenance of all structures, fences, signs, walks, driveways, retaining walls, lawns, landscaping, painted surfaces, and removal of litter and debris.