Official Use Only: Date Stamp
BALLOT MEASURE SUBMITTAL FORM
Jurisdiction Name:
Albany
Election Date: November
8, 2016
BALLOT TITLE & QUESTION TO BE PRINTED
Note: The information as it appears within the text boxes will be printed on the ballot. The 75 word count limit begins
in the ballot title (if a title is provided); otherwise, the count begins in the ballot question.
Insert Ballot Title here (if applicable):
Insert Ballot Question here:
Shall an ordinance authorizing the Albany City Council to amend the residential parking
requirements established by Measure D (enacted by the Albany voters in 1978), after
following the normal procedures for amending City Zoning Ordinances, be adopted?
TYPE OF MEASURE
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Regular Measure
Bond Measure
PERCENTAGE NEEDED TO PASS
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Parcel Tax
Charter Amendment
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50% + 1
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66.6667%
2/3
Other:
FULL TEXT OPTION
Full Text to be printed in the Voter Information Pamphlet:
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YES (note: must submit separate copy of Full Text along with this form)
NO – A Full Text was not submitted
NO – Do not print, but it’s available to the public at:
AUTHORIZED REPRESENTATIVE
The authorized representative/contact person should be the person who will be receiving the typeset proofs
Print Name:
Signature:
Date:
CONTACT INFORMATION (for office use)
CONTACT INFORMATION (for public)
Phone #:
Phone #:
E-Mail:
E-Mail:
510-528-5722
[email protected]
Website:
www.albanyca.org
12/2015
CITY ATTORNEY'S IMPARTIAL ANALYSIS OF MEASURE ___
In 1978, the Albany voters approved an initiative (Measure D) which, among other
provisions, required that two (2) parking spaces be provided for each newly constructed
residential unit within the City. Measure D authorized the Planning Commission to reduce this
parking requirement to one and one-half (1-1/2) spaces upon a finding that sufficient on-street
parking exists. Under California law, ordinances adopted by initiative can only be amended by
the voters, unless the voters expressly authorize the City Council to approve amendments.
This measure would authorize the City Council to amend the residential parking
requirements of Measure D from time to time, after following the normal procedures for
amending City Zoning Ordinances. These procedures include compliance with the California
Environmental Quality Act and conducting noticed public hearings before the Planning
Commission and City Council. Authorized amendments to the Measure D parking requirements
may include, but are not limited to, modifications to the number of parking spaces required per
residential unit, as well as the provisions which allow the Planning Commission to reduce these
residential parking requirements in particular circumstances. This measure was placed on the
ballot by the City Council. A full copy of the ordinance text is printed in these ballot materials.
A "Yes" vote is a vote in favor of allowing the City Council to amend the Measure D
parking regulations. A "No" vote is a vote against allowing the City Council to approve such
amendments. This measure will be approved if a majority of the votes cast on it are "Yes"
votes.
DATED: July 22, 2016
Craig Labadie, City Attorney
Argument in Favor of Measure N1
In 1978, Star Wars won seven Academy Awards, Saturday Night Fever topped the charts
and Harvey Milk was assassinated. Here in Albany, 1978 was also the year that Measure
D passed.
Measure D created new zoning restrictions on multi-family housing. The city council is
not asking the voters to change those. The measure also created unrealistic parking
requirements, making multi-family housing more difficult to build. The council is asking
voters to restore the council’s ability to modify these parking requirements in response to
Albany’s changing priorities.
Measure D required two off-street parking spaces for every new housing unit, from
single-family homes to studio apartments to Pierce St. condominiums. Over the years,
this requirement has had negative consequences:
All of Albany’s bungalows with just one parking spot have become “legal nonconforming.” In case of major earthquake or fire damage, all these homes are technically
required to be rebuilt with two off-street parking spaces.
Today seniors and families with children are being priced out of Albany. Outdated
parking requirements limit Albany’s ability to respond to our affordable housing crisis.
Multi-family housing has become infeasible to build.
Encouraging multi-family housing in mixed-use buildings along transit corridors, with
appropriate size and design requirements, can help address these housing needs as well as
revitalize our commercial areas. More goods and services in walkable business areas
benefit all residents and will help broaden our tax base.
While we have completed major updates of our zoning code since Measure D was
passed, its outdated parking requirements remain frozen in time. A YES vote will restorethe city’s ability to adjust parking rules. This will allow the council to meet the needs of
today’s residents, not those of 1978.
Your city council respectfully asks Albany voters to vote Yes on Measure N1 to bring
our parking rules into the 21st century.
Peter Maass, Mayor
Peggy McQuaid, City Council Member
Doug Donaldson, Planning and Zoning Commissioner
Rochelle Nason, City Council Member
Michael Barnes, City Council Member
Rebuttal to Argument in Favor of Measure N1
Council members in their pro argument claim variously that Measure D makes
multi-family housing “more difficult to build” or “infeasible to build.” However, in a
letter to the State, City staff noted that while Measure D may prevent very highdensity development in Albany, it permits moderate development allowing Albany
to meet its housing needs allocation. In its resolution adopting a housing
element, the Council stated, “no programs to mitigate the Measure D
requirements are needed.”
The Council claims that Measure D creates “unrealistic parking requirements.”
Again, they fail to mention the provision permitting 1.5 parking spaces per unit if
there is sufficient on-street parking. The Council is now asking for authority to
reduce the minimum parking requirements even when there is not sufficient onstreet parking!
The Council claims that Measure D limits Albany's ability to provide affordable
housing. However, Measure D actually creates incentives for affordable housing.
Projects with affordable units can utilize reduced parking ratios provided by State
law. If Measure D is repealed and Albany reduces the required parking for all
new housing, it will eliminate these incentives.
The Council claims that it wants to create parking standards that “meet the needs
of today's residents, not those of 1978.” Fine, propose changes to Measure D,
make your case to the residents, and put it to a vote.
Measure D was born out of a mistrust of government. Unfortunately, the trust
level hasn’t increased much in the intervening years. Parking certainly has only
gotten worse. Vote no on Measure N1; retain citizen’s control of parking
requirements in Albany.
Clay Larson
Argument Against Measure N1
Measure N1 would authorize the Council to amend the current residential parking standards
established in 1978 by “Measure D.” Since these requirements were set by popular vote, they
can only be changed another vote. With Measure N1, the Council is asking Albany residents to
give up their current, direct control over parking standards.
It is important to retain the requirement for voter approval of residential parking standards.
There are urban planning strategies that advocate very low minimum parking ratios or even
zero parking. The goal is to reduce car ownership. There are important questions about
community priorities here. Albany would need to discuss parking and then approve polices
based on an election contest. This is exactly what Measure D now requires. Albany residents
would certainly be willing to consider adjustments to Measure D (e.g., more proportional
requirements, parking reductions for senior housing), but the Council has proposed instead to
completely eliminate the current requirement for voter approval of parking standards.
There’s a lot of confusion about what the current Measure D does and doesn’t do. Measure D
parking requirements apply only to new housing and do not have any impact on Albany’s
parking standards for home additions or businesses. Measure D doesn’t even necessarily
require the often-cited two spaces per dwelling unit. The measure permits a reduction to 1.5
spaces per unit when there is sufficient available on-street parking. Neighboring cities have
similar requirements.
Measure D encourages realistic, right-sized development in Albany, which is consistent with
Albany’s goal of maintaining its small town ambience. Measure D creates an incentive for
affordable housing since projects with affordable units may utilize lower parking standards
established by state law.
Vote no on Measure N1; retain the valuable provisions of Measure D and retain citizen’s control
of parking requirements in Albany.
Clay Larson
Rebuttal to Argument Against Measure N1
Albany, like many cities, is constantly updating its building and fire codes as technologies
improve and conditions change. It would be an expensive, bureaucratic nightmare to hold an
election every time these standards need to be updated.
Yet that is precisely where we find ourselves with Albany’s outdated residential parking
requirements. Our city needs to be able to update our standards through our democratic planning
and zoning process without holding elections for what are often focused technical changes.
Albany citizens love our “small town ambiance”, but this is best protected by zoning and
building standards, not unrealistic and archaic parking requirements.
Albany, along with the rest of the Bay Area, has under gone continuing population growth.
Stagnant housing production has helped lead to rapidly rising home prices and rents, making life
less affordable for many residents. The long-term solution is to expand our housing stock.
Albany’s rigid, bureaucratic process for changing parking standards is a roadblock to building
new housing in zones where it is already allowed and badly needed.
Passage of Measure N1 will not change current parking requirements, but it will allow proposed
changes to go through the rigorous vetting process of Albany’s Planning and Zoning
Commission and City Council. It will eliminate the need for a direct election for every change in
parking standards. Please vote YES on Measure N1 and allow Albany to reconsider, and adjust
when necessary, its parking requirements.
Peter Maass, Mayor
Michael Barnes, Albany City Council Member
Val Menotti, Albany Planning and Zoning Commissioner
FULL TEXT OF MEASURE ___
ORDINANCE NO. 2016-01
AN ORDINANCE OF THE CITY OF ALBANY AMENDING THE ZONING
ORDINANCE TO AUTHORIZE THE CITY COUNCIL TO MODIFY THE PARKING
REQUIREMENTS ESTABLISHED BY MEASURE D, ADOPTED IN 1978, AFTER
FOLLOWING THE NORMAL PROCEDURES FOR ADOPTION OF ZONING
ORDINANCES
WHEREAS, at the November 7, 1978 general election, the Albany voters approved an
initiative measure which is commonly referred to as "Measure D"; and
WHEREAS, among other things, Measure D required that two parking spaces must be
provided for each dwelling unit in all residential districts; and
WHEREAS, this parking requirement has been codified as part of Section 20.28.040 of the
Albany Municipal Code; and
WHEREAS, with certain limited exceptions, implementation of Measure D has mandated that
the City require that new residential units – regardless of size, number of bedrooms, or housing
type – must provide two off-street parking spaces; and
WHEREAS, several City planning documents (including the 1992 General Plan, 2010
Climate Action Plan, 2015-2023 Housing Element, and 2035 General Plan) have stated that the
Measure D parking standards should be re-evaluated because these standards limit the
development potential of parcels which are zoned for higher density residential uses and also limit
the ability of property owners to add secondary dwelling units on parcels containing single-family
residences by restricting the City’s discretion to reduce parking requirements for newly
constructed secondary dwelling units; and
WHEREAS, currently Measure D can only be amended by an ordinance adopted by the
Albany voters; and
WHEREAS, on the basis of the foregoing, the City Council has determined that the best option
available to the City is to bring forward a ballot measure authorizing the City Council to amend
the requirements of Measure D from time to time, after following normal ordinance amendment
procedures; and
WHEREAS, the proposed measure, if approved by a majority of the Albany voters, would
allow greater flexibility for the City Council to respond to changing conditions and promote the
community goals as expressed in adopted planning documents for encouraging additional housing
development and promoting environmental sustainability.
NOW THEREFORE, THE PEOPLE OF THE CITY OF ALBANY DO ORDAIN AS
FOLLOWS:
Section 1.
Albany Municipal Code Section 20.28.040 is hereby amended, to add a new
subdivision D., to read as follows:
20.28.040 Exceptions to Parking Space Requirements.
D. City Council Authorized to Modify Measure D Parking Requirements.
After following the normal procedures for amending City Zoning Ordinances, including
compliance with the California Environmental Quality Act and conducting duly noticed public
hearings before the Planning and Zoning Commission and City Council, the City Council may
amend the residential parking requirements established by Measure D (enacted by the Albany
voters on November 7, 1978). Such amendments may include, but are not limited to, modifications
to the number of parking spaces required per dwelling unit for residential uses in residential
districts, as well as the provisions of Measure D which allow the Planning Commission to reduce
these residential parking requirements by Conditional Use Permit upon making specified findings.
This provision is not intended to limit in any way the authority and discretion which the City
Council currently possesses to adopt Zoning Ordinance amendments.
Section 2.
SEVERABILITY. If any provision of this Ordinance or the application thereof
to any person or circumstance is held invalid, the remainder of the Ordinance and the application
of such provision to other persons or circumstances shall not be affected thereby.
Section 3.
RECITALS. The People of the City of Albany find that all Recitals contained in
this Ordinance are true and correct and are incorporated herein by reference.
Section 4.
CEQA FINDINGS. The adoption of this resolution is exempt from the California
Environmental Quality Act (("CEQA") because it can be seen with certainty that there is no
possibility that the adoption of the proposed ordinance will have a significant effect on the
environment. (CEQA Guidelines Section 15061(b)(3).) If approved by the voters, the proposed
ordinance would authorize the City Council to make future changes in the parking space
requirements established by Measure D. However, any such changes would have to be preceded
by compliance with CEQA. The proposed ordinance, by itself, would not effect any changes in
applicable land use regulation.
Section 5. EFFECTIVE DATE. If it receives approval from a simple majority of the Albany
voters, this ordinance shall take effect immediately upon adoption of a City Council resolution
declaring the results of the November 8, 2016 general election.
Ordinance No. 2016-01 was submitted to the People of the City of Albany at the November 8,
2016 general municipal election. It was approved by the following vote of the People:
YES:
NO:
Ordinance No. 2016-01 was thereby adopted by the voters at the November 8, 2016 election and
took effect upon adoption of a resolution declaring the results of the election at a regular meeting
of the City Council held on ______________, 2016, by the following vote:
AYES:
NOES:
ABSENT:
I HEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance duly and
regularly adopted by the People of the City of Albany, California.
_______________________
________________________________
Nicole Almaguer, City Clerk