Flavell

Appellant Evan R. Flavell filed a petition for writ of mandate and a complaint for declaratory relief against the City of Albany seeking to invalidate Ordinance No. 91-04 which amends the city’s residential off-street parking requirements. The trial court denied the petition and granted judgment in favor of the city. We affirm.

I

In 1978, residents of Albany approved “Measure D,” an initiative amending the city’s zoning ordinance to increase residential off-street parking requirements from one (1) space per unit to two (2) spaces per unit. Measure D provides a limited exception to the requirement. In a section entitled “Special Reduction,” it states: “The Planning Commission may by Conditional Use Permit reduce the parking requirements . . . to no fewer than one and one-half (1-1/2) spaces per unit upon making the finding that existing on-street parking is sufficient to justify a reduction.” The two-for-one requirement was codified as section 20-3.5 c.l of the zoning ordinance; while the Special Reduction exception became former section 20-3.5 d.3.

Prior to the passage of Measure D, the zoning ordinance required one parking space per residential unit with one notable…