City of Albany, CA § 20.20 REGULATION OF SPECIFIC LAND USES

§ 20.20.010 Bed and Breakfast.

[Ord. No. 04-09; amended 12-4-2023 by Ord. No. 2023-06]

A. Purpose. This section establishes regulations for the establishment and operation of bed and breakfast transient lodging facilities within private residences in residential zoning districts.

B. Standards for Bed and Breakfast Operations.

1. Residential Occupancy. A dwelling unit that includes a bed and breakfast facility must be the primary residence of the owner-operator of the bed and breakfast business.

2. Limit on Accommodations. A maximum of two (2) bedrooms may be made available for transient occupancy on any site.

3. Duration of Stay. No room may be rented for transient occupancy for more than fifteen (15) consecutive days.

4. Meals. Meals may be provided only for transient lodgers, and for members of the household and their personal guests.

5. Fire Safety. No bed and breakfast facility shall be operated without initial and periodic approval as required by the Fire Marshal.

6. Signs. No sign of any nature may be used to distinguish a bed and breakfast facility in any way from a single-family residence.

C. Use Permit Required. A major use permit shall be required for any bed and breakfast facility, including any facility that was established prior to the adoption of this Section. Once granted, a use permit for a bed and breakfast facility shall be subject to review for annual renewal.

D. Business License Required. Following approval of a use permit and prior to initiation of operations, the owner of a bed and breakfast business shall make application and pay the required fee for a business license pursuant to the Municipal Code or such applicable ordinance or ordinances of this City as may be hereinafter enacted.

§ 20.20.020 Community Care Facilities (Child Care and Residential Care).

[Ord. No. 04-09; Ord. No. 09-011 § 4; amended 12-4-2023 by Ord. No. 2023-06; 10-20-2025 by Ord. No. 2025-07]

A. Purpose. This section establishes regulations for care facilities in compliance with State law. The standards are in addition to any other applicable requirements of the Municipal Code or the California Department of Social Services, which issues licenses to community care facilities.

B. Family Day Care Homes. A Family Day Care Home shall not be considered as home occupations for permitting or licensing purposes. Operation of such a facility without a State license shall be a violation of the zoning ordinance.

C. Residential Care Facilities.

1. Small. State-licensed facilities for six (6) or fewer residents are an accessory use of properties on which residential occupancy is permitted. Operation of such a facility without a State License shall be a violation of the zoning ordinance. Small Residential Care Facilities shall not be considered as home occupations for permitting or licensing purposes.

2. Other. All licensed residential care facilities providing for more than six (6) residents shall be subject to approval of a Minor Use Permit. Spacing requirements only apply if required by State law.

§ 20.20.030 Drive-Through Uses.

[Ord. No. 04-09]

Any retail trade or service use providing drive-in/drive-through facilities shall be designed and operated to mitigate problems of air pollution, congestion, excessive pavement, litter, noise, and unsightliness in the following manner:

A. Pedestrian Circulation. On-site pedestrian walkways normally should not intersect the drive-through aisles, but where such an intersection is necessary the pedestrian way shall have clear visibility, and be emphasized by enhanced paving or markings.

B. Drive-Through Lane Dimensions. Drive-through aisles shall have a minimum ten (10) foot interior radius at curves and a minimum twelve (12) foot width. Each drive-through entrance/exit shall be at least fifty (50) feet from a street intersection, and at least twenty-five (25) feet from any curb cut on an adjacent property.

C. Screening of Drive-Through Aisles. Each drive-through aisle shall be appropriately screened with a combination of landscaping, low walls, and/or berms to a height of forty-two (42) inches to prevent headlight glare from impacting adjacent streets and parking lots. An eight (8)-foot high solid decorative wall shall be constructed on each property line that is adjoining a residentially zoned or occupied parcel. The design of the wall and the proposed construction materials shall be subject to design review according to subsection 20.100.050.

D. Stacking Area. Each drive-through aisle shall provide sufficient stacking area in advance of the service window or ATM, to accommodate a minimum of six (6) vehicles. The stacking area shall not interfere with other on-site circulation.

E. Menu Board Regulations. Menu boards shall not exceed twenty-four (24) square feet in area, with a maximum height of six (6) feet, and shall face away from public rights-of-way. Outdoor speakers shall be located at least fifty (50) feet from any R District and shall be oriented away from the R District boundary.

F. Building Location. Buildings housing drive-through uses shall observe the maximum front setback requirement, and shall not be located on a corner lot, nor located so that access or egress to or from a drive-through facility is by way of any street that has residential uses fronting on either side.

§ 20.20.040 Home Occupations.

[Ord. No. 04-09; amended 6-1-2020 by Ord. No. 2020-05; 12-4-2023 by Ord. No. 2023-06]

A. Purpose. The regulations contained in this section are intended to prescribe conditions under which nonresidential activities may be conducted in conjunction with, but incidental to, residential uses, thus assuring that such activities are not detrimental to the residential character of the neighborhood in which they are located.

B. Prohibited Activities. The following items are prohibited from use as a home occupation as they would clearly violate the principle of home occupation as herein defined and would not be businesses which could be carried on clearly incidental to the residential use and without destroying the residential character of the property or neighborhood:

1. Automobile repair;

2. Barbershops and beauty parlors;

3. Clinics and hospitals; also veterinarian clinics and hospitals;

4. Kennels and other boarding for pets;

5. Offices for physicians, dentists and other medical practitioners, except that a practitioner, in conducting the business through house calls, may use the home for clerical and similar work;

6. Other uses which, in the opinion of the Community Development Director, conflict with the purpose of this section.

C. Requirements. Home occupations shall be carried out in strict compliance with the following requirements:

1. The operation, conduct or maintenance of the home occupation shall not create or maintain, either during daylight or night hours, any disturbance or nuisance, including, but not limited to, noise, odor and light.

2. No structural alterations, either visible or otherwise, which tend to diminish the residential character of the residence will be required to be made or will be made to the residence building in order to conduct, operate or maintain the business.

3. Businesses or home occupations located in accessory structures shall not adversely affect the enjoyment and use of adjacent residential properties, including, but not limited to, impacts from noise, odor, and light.

D. Business License Required. The home occupation or business shall make application and pay the required fee for a business license pursuant to the City Code or such applicable ordinance or ordinances of this City as may be hereinafter enacted.

E. Enforcement. The Community Development Director or designee is hereby authorized and directed to enforce the provisions of this section, including issuance of penalties as detailed in the City's Master Fee Schedule.

§ 20.20.050 Massage Facilities.

[Ord. No. 04-09]

Establishments providing massage services may be permitted in commercial districts with a major use permit. In addition, such establishments are subject to the investigation, licensing, and operating requirements set forth in Section 5-13 of the Albany Municipal Code.

§ 20.20.060 Outdoor Facilities.

[Ord. No. 04-09]

Outdoor storage and display of merchandise, materials, or equipment, including display of merchandise, materials, and equipment for customer pickup and/or selection, shall not be permitted in any zoning district other than SC, SPC or CMX, and may be permitted in those districts only as follows:

A. As an ancillary use to a permitted principal use of a site, subject to approval of a Minor Use Permit.

B. As a principal use of a site, subject to approval of a Major Use Permit.

C. If such storage or display is proposed to occupy any portion of a public right-of-way, an encroachment permit will be required.

D. As conditions of approval of such storage or display the approving authority may require conditions including, but not limited to, setback areas, screening, or planting areas necessary to prevent adverse impacts on surrounding properties and the visual character of the City's commercial areas.

§ 20.20.070 Restaurants, Bars and Entertainment Facilities.

[Ord. No. 04-09; Ord. No. 09-011 § 5; Ord. No. 2019-01 § 3; amended 9-6-2022 by Ord. No. 2022-03]

A. Purpose. This subsection distinguishes among various types of facilities for eating, drinking and commercial entertainment, and establishes appropriate regulations to protect surrounding properties and the public health, safety and welfare.

B. Restaurants.

1. Alcoholic Beverages. Restaurants that serve alcoholic beverages are subject to licensing by the State of California Department of Alcoholic Beverage Control, and to performance criteria.

a. Beer and Wine Only. Restaurants requiring an On-Sale Beer and Wine license are permitted uses in the SC and SPC districts, and shall require a minor use permit in the CMX and WF districts.

b. Full Service. Restaurants requiring an On-Sale General license for full alcoholic beverage service are permitted uses in the SC and SPC districts, and shall require a minor use permit in the CMX and WF districts.

c. Business Hours: Business hours shall be 8:00 a.m. - 11:00 p.m. Sunday-Thursday and 8:00 a.m. — 12:00 a.m. Friday and Saturday. Extension beyond these hours shall be subject to a major use permit.

d. Noise Mitigation: All functions in the space must comply with Section 20.36.020.D noise standards, through the use of insulation or other means.

2. Outdoor Seating. Outdoor seating for food and beverage service at restaurants may be permitted under procedures and regulations stated below. Required permits may be conditioned to require setback areas, screening, or planting areas necessary to prevent adverse impacts on surrounding properties and the visual character of the City's commercial areas. Design review shall be required for any construction proposed in connection with outdoor seating.

a. On Site: Outdoor seating on the premises of a restaurant shall be permitted in all districts where restaurants are permitted uses except that a major use permit shall be required wherever an outdoor seating area is located within fifty (50) feet of any property that is within a residential district or is used for residential purposes. The Planning and Zoning Commission may impose conditions, including but not limited to limitations on hours of operation, to avoid effects of noise, odor and light, among other effects, upon neighboring residential property.

b. Sidewalk: Restaurants may be permitted to have outdoor seating on the public sidewalk, provided that such seating will not interfere with pedestrian use of the public sidewalk, subject to approval of a revocable encroachment permit by the Community Development Director, and a zoning clearance or a use permit if such is required for restaurants in the district in which the establishment is located. A zoning clearance or a use permit for sidewalk seating shall be subject to annual administrative renewal. Non- compliance with all permit conditions may result in denial of renewal of the permit. In no case may the number of outdoor seats exceed twenty (20%) percent of the total seating for the establishment nor shall outdoor preparation of food or beverages be allowed.

3. Restaurants and Retail Stores with Take-Out Food Service. Establishments at which twenty (20%) percent or more of the transactions are sales for off-site consumption are subject to regulation as follows:

a. Walk-Up Facilities: Establishments where patrons order and pay for their food at a counter within the establishment are permitted in the SC and SPC Districts and are conditionally permitted in the CMX District. Such establishments may be permitted to have outdoor seating as specified in (b) above, except that there shall be no required ratio of outdoor seating to indoor seating.

b. Drive-Through Facilities: Food or beverage service from a building to persons in vehicles shall be subject to regulations for drive-through uses stated in subsection 20.20.030.

c. Ghost Kitchens: Food businesses that prepare food in a commercial kitchen space and deliver it to consumers through food delivery apps are permitted in the SPC District, but shall meet window transparency standards, required by the San Pablo Avenue Specific Plan Design Guidelines and Objective Design Standards to maintain visual interest.

[Added 9-6-2022 by Ord. No. 2022-03]

4. Entertainment Permit. An entertainment permit shall be required for any place where entertainment is provided within a bar, cocktail lounge, tavern, cafe, restaurant, hotel, motel, or public place where food, alcoholic or other beverages, or other refreshments are served. See Municipal Code Section 5-1.

C. (Reserved)

D. Bars. Establishments, other than restaurants, that require State licenses for on-premises consumption of beer and wine or general alcoholic beverages shall be subject to a major use permit in all districts where bars are conditionally permitted. The Planning and Zoning Commission may set conditions, including but not limited to limitation of hours and the use of outdoor areas, provision of security personnel and noise attenuation.

E. Restaurants and Bars with Live Entertainment. The presentation of entertainment may be permitted in SC, SPC and CMX Districts, subject to an entertainment permit granted by the City Council pursuant to Municipal Code Section 5-11.

F. Commercial Recreation and Entertainment. All facilities for the provision of participant or spectator recreation or entertainment on a commercial basis, including but not limited to performing arts, sports, fitness, gaming, and dancing shall require a major use permit.

G. Adult Entertainment. The exterior walls of adult entertainment uses shall be at least two hundred (200) feet from an R District and five hundred (500) feet from schools and buildings used for religious assembly.

§ 20.20.080 Accessory Dwelling Units.

[Ord. No. 04-09; Ord. No. 2014-05 § 5; Ord. No. 2014-11 § 3; amended 6-1-2020 by Ord. No. 2020-04; 12-4-2023 by Ord. No. 2023-06; 1-16-2024 by Ord. No. 2023-07]

A. Purpose. The Accessory Dwelling Unit Ordinance (this subsection) is intended to:

1. Foster and encourage the addition of small, more affordable infill housing units citywide to help address the state's housing crisis and promote access to housing opportunities in all Albany neighborhoods, including single-family neighborhoods;

2. Provide homeowners financial flexibility and the option to share their homes;

3. Provide that accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) that conform with this subsection do not exceed the allowable density for the lot on which the ADU or JADU is located and that they are a residential use that is consistent with the existing general plan and zoning designation for the lot; and

4. Allow and regulate (ADUs) and JADUs in a manner that complies with, or is less restrictive than, the requirements of California Government Code Sections 65852.2 and 65852.22.

B. Definitions. As used in this section, terms are defined as follows:

ACCESSORY DWELLING UNIT or ADU (see also Section 20.20.080(B)

Means an attached or a detached residential dwelling unit that provides complete independent living facilities —provisions for living, sleeping, eating, cooking, and sanitation/bathroom facilities — for one or more persons and is located on a lot with a proposed or existing primary dwelling. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

ADU, ATTACHED

Means an ADU that is newly constructed as an addition to (i.e. shares a wall with) a primary dwelling.

ADU, CONVERTED

Means an ADU created within the existing space of a primary dwelling or accessory structure.

1. A converted ADU created within an existing accessory structure may be expanded up to 150 square feet, without application of local development standards, to accommodate ingress and egress only.

2. For properties with an existing two- or multi-family dwelling, converted ADUs must be within residential portions of the primary dwelling that are not used as livable space, such as storage rooms, basements, and garages. In mixed-use developments, conversion of commercial space is not permitted.

ADU, DETACHED

Means an ADU that is newly constructed as a separate structure and does not share any walls with the primary dwelling.

JUNIOR ACCESSORY DWELLING UNIT OR JADU

Means an accessory dwelling unit that has the following attributes.

1. Maximum size of 500 square feet;

2. Contained entirely within a single-family primary dwelling, including an attached garage;

3. Has its own or shares sanitation/bathroom facilities with the single-family primary dwelling; if the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the single-family dwelling; and

4. Includes, at a minimum, an efficiency kitchen, which contains a cooking facility with appliances, a food preparation counter or counters, and storage cabinets that are of reasonable size in relation to the size of the JADU.

C. Eligibility.

1. ADUs may be created on any lot that is zoned to allow residential uses. To create an ADU under this subsection, the lot must include an existing or proposed dwelling unit.

2. JADUs may be created on any lot that is zoned for single-family residential use and that has only one existing or proposed single-family dwelling.

D. Quantity. The maximum number of ADUs and JADUs per lot is as follows:

1. Lot with one single-family dwelling:

(a) One JADU and one attached, new detached, or converted ADU; or

(b) One JADU, one new detached ADU with a maximum size of 800 square feet, and one converted ADU.

2. Lot with two or more single-family dwellings:

(a) One new detached ADU with a maximum size of 800 square feet and one converted ADU.

(b) JADUs are not permitted.

3. Lot with one or more two- or multi-family dwellings:

(a) One detached, converted, or attached ADU; or

(b) Two detached ADUs; and at least one converted ADU in each two- or multi-family dwelling and up to 25% of the number of existing dwelling units within the structure for additional converted ADUs. All fractional numbers shall be rounded to the nearest whole number.

(c) JADUs are not permitted.

E. Development Standards - Single-Family Properties. All ADUs and JADUs on lots with one or more existing or proposed detached single-family dwellings must comply with the development standards provided in Table E below.

Table E. Development Standards for ADUs and JADUs on Single-Family Properties
		Attached ADU	Detached ADU	Converted ADU	JADU
Maximum Size		850 square feet 1,000 square feet if more than one bedroom		None	500 square feet
Maximum Lot Coverage(1)		50% 40% in RHD District		N/A	N/A
Maximum FAR(1)		0.55 0.50 in RHD District		N/A	N/A
Minimum setbacks(2)	Front(1)	15 feet		N/A	N/A
	Side	3 feet		(3)	N/A
	Rear	3 feet			N/A
Building separation to any other structure on lot(1)		6 feet		N/A	N/A
Maximum Height		25 feet(4)	20 feet	N/A	N/A
Automobile Parking (spaces)		None

(1)	These development standards cannot preclude construction of any ADU up to 800 square feet in size and do not apply to a detached ADU up to 800 square feet in size.
(2)	No setback is required if an ADU is constructed in the same location and to the same dimensions as an existing, legally permitted structure.
(3)	Side and rear setbacks must be sufficient for fire and safety.
(4)	An attached ADU may be up to 28 feet in height to match the existing or proposed roofline (height and pitch) of the primary dwelling.

F. Development Standards — Two- and Multi-Family Properties. All ADUs on lots with a proposed or existing two- or multi-family dwelling must comply with the development standards provided in Table F below.

Table F. Development Standards for ADUs on Two- & Multi-Family Properties
		Attached ADU	Detached ADU	Converted ADU
Minimum Lot Size		None
Maximum Size		850 square feet 1,000 square feet if more than one bedroom	None	None
Maximum Lot Coverage(1)		50% 70% for multi-family in R-3 100% in SC & SPC	N/A	N/A
Maximum FAR(1)		0.55 1.5 for multi-family in R-3 1.25 in SC 4.0 in SPC	N/A	N/A
Minimum Open Space(1) (only applies to multi-family units)		200 square feet 100 square feet in SPC	N/A	N/A
Minimum setbacks	Front(1)	15 feet 0 feet on lots fronting San Pablo Avenue	N/A
	Side	3 feet		N/A
	Rear	3 feet		N/A
Building separation to other structures on lot(1)	accessory structure	6 feet
	primary structure	10 feet	N/A	N/A
Maximum Height		25 feet(2)	20 feet	N/A
Automobile Parking (spaces)		None

(1)	These development standards cannot preclude construction of an ADU up to 800 square feet in size.
(2)	An attached ADU may be up to 28 feet in height to match the existing or proposed roofline (height and pitch) of the primary dwelling provided the additional height complies with the daylight plane requirement where applicable.

G. General Requirements. The following requirements apply to all ADUs and JADUs:

1. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days.

2. Separate Conveyance. Except as provided in California Government Code Section 65852.26, an ADU or JADU may not be sold or otherwise conveyed separately from the primary dwelling.

3. Owner Occupancy.

(a) All ADUs are exempt from any owner-occupancy requirements.

(b) All JADUs are subject to an owner-occupancy requirement. If a property includes a JADU, the JADU, or the Single-Family Dwelling in which the JADU is located, shall be owner-occupied. The owner-occupancy requirement does not apply if the property is entirely owned by a government agency, land trust, or housing organization.

4. Separate Independent Entrance. All ADUs and JADUs are required to have a separate entrance from the main entrance to the existing or proposed primary dwelling unit(s).

5. Address and Mailbox. An ADU or JADU shall obtain a separate address and provide a separate mailbox.

6. Deed Restriction. Prior to final building permit inspection for an ADU or JADU, the property owner must file a deed restriction with the Alameda County Recorder which states that the ADU or JADU is to conform with the attributes required by this subsection.

H. Approvals.

1. If an application to create an ADU or JADU complies with the requirements of this subsection, it will be approved ministerially upon issuance of a building permit.

2. The City will approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:

(a) The applicant requests a delay, in which case the sixty-day time period is tolled for the period of the requested delay, or

(b) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multi-family dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multi-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

3. If the City denies an application to create an ADU or JADU, the City will provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments will be provided to the applicant within the sixty-day time period established by subsection 2 above.

4. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

5. The City may not deny a permit to legalize an existing, but unpermitted ADU that was constructed before January 1, 2018, unless one of the following exceptions is met:

(a) The City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.

(b) The unpermitted ADU is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

6. A demolition permit for a detached garage that is to be replaced with an ADU will be reviewed either with or before the application for the ADU and be issued no later than issuance of the ADU permit.

I. Building Code.

1. No change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change, as described in Section 310 of the California Building Code, unless the Community Development Director or his or her designee makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this subsection.

2. Fire Sprinklers. Fire sprinklers are required in an ADU if sprinklers are required in the primary dwelling. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

§ 20.20.090 Temporary and Seasonal Uses.

[Ord. No. 04-09]

A. Purpose. This section establishes standards for temporary uses that ensure the basic health, safety, and general community welfare.

B. Required Permit: The following temporary uses are subject to approval of a Temporary Use Permit as established in subsection 20.100.030.F:

1. Arts and Crafts Shows, Outdoor. Display and sale of painting, sculpture, handcrafts and similar objects. Limited to three (3) days per quarter year.

2. Outdoor Sales, Permanent Retail Facilities. Sales of merchandise for periods in excess of forty-eight (48) continuous hours, limited to three (3) occurrences per year, on the sites of retail businesses that operate as permitted or conditionally permitted uses, including occasional promotions and seasonal sales, including but not limited to pumpkins and Christmas trees. No Temporary Use Permit is required where regular, occasional or recurring outdoor sales have been approved through a Use Permit.

3. Sales Office. An office, including a manufactured or mobile unit, for the marketing, sales or rental of residential, commercial or industrial development. Limited to a maximum period of six months; may be extended for an additional six (6) months through a Minor Use Permit procedure; any longer period shall require approval of a major use permit.

4. Seasonal Sales, Temporary Site.

a. Purpose. This section establishes regulations for outdoor seasonal sales of agricultural or horticultural products, including but not limited to pumpkins and Christmas trees, that are held in response to a particular holiday or season, and are conducted on a temporary site. Farmer's markets are not subject to these regulations. Seasonal sales by retail businesses that operate on a permanent site are.

b. Permit Procedures. In addition to a Temporary Use Permit, other permits, fees and inspections may be required by the City.

c. Hours of Operation. The hours of operation for seasonal sales will be established by the Temporary Use Permit.

d. Property Maintenance. Upon termination of use, the area used for the seasonal sales shall be cleaned up and returned to its original conditions.

e. Duration and Number of Sales Events.

1) Pumpkins and Christmas Trees. Sale of pumpkins shall begin no more than twenty-one (21) calendar days prior to October 31. Sale of Christmas trees shall begin no more than thirty-five (35) calendar days prior to December 25.

2) All Other Sales. Sale of any seasonal goods other than Christmas trees or pumpkins shall be limited to seven (7) calendar days.

5. Sidewalk Sales. Sales conducted by a retail business for a limited time on a portion of the public right-of-way directly abutting the site on which the business is located. In addition to a temporary Use Permit, such activities will require approval of an encroachment permit. Limited to two (2) days per quarter year.

6. Swap Meets. Retail sales or exchange of new, handcrafted, or secondhand merchandise. Limited to two (2) days; if recurring on a regular basis, a Minor Use Permit shall be required.

C. Required Permits, Minor Use. The following temporary uses are subject to approval of a Minor Use Permit as established in subsection 20.100.030.B, with a public hearing. Where longer periods are requested, a Major Use Permit shall be required.

1. Commercial Filming. Commercial motion picture or video photography. Limited to one (1) week.

2. Farmers' Market. Recurring sales of agricultural, horticultural and other food products. Limited to two (2) days per week.

3. Live Entertainment Events. Concerts, carnivals, circuses, fairs, and other similar events. Limited to two (2) days.

4. Trade Fairs. Display and sale of goods or equipment related to a specific trade or industry. Limited to two (2) days.

D. Exempt Temporary Uses. The following temporary uses are exempt from the requirement for a Temporary Use Permit. Other fees, permits and inspections may be required by the City.

1. Car Washes. By sponsoring organizations engaged in civic or charitable efforts, not to exceed seventy-two (72) hours;

2. Construction Yards On-Site. For the duration of a valid building permit.

3. Emergency Operations and Facilities. For a period not to exceed ninety (90) days.

4. Grand Openings; Outdoor Retail Sales on the Site of an Established Retail Use. For a period not to exceed seventy-two (72) hours.

5. Personal Property Sales by a Resident (Garage or Yard Sales). Not to exceed seventy-two (72) hours.

6. Other. Similar uses deemed appropriate by the Community Development Director.

E. Condition of Site Following Temporary Use. Upon termination of the temporary use, the site occupied by the temporary use shall be cleaned of litter and returned to its original conditions.

§ 20.20.100 Wireless Communication Facilities.

[Ord. No. 05-02 § 1; Ord. No. 2015-03 § 1]

A. Purpose and Intent. The purpose and intent of this section are to:

1. Enact appropriate regulations, in accordance with the Telecommunications Act, for the provision of personal wireless service facilities for the benefit of the Albany community.

2. Establish standards to regulate the placement and design of antennas and wireless communication facilities so as to preserve the visual and other characteristics of the City; to assure compatibility with properties adjacent to such facilities; to minimize negative impacts; and to protect the general safety, welfare, and quality of life of the community.

3. Establish development standards that are consistent with Federal law related to the development of wireless communication facilities.

4. Pursue additional benefit to the public by encouraging the leasing of municipally-owned properties where feasible or desirable, for the development of wireless communication facilities;

5. Allow antennas to be located according to demonstrated need; Encourage the use of existing facilities, including co-location by multiple companies; encourage the placement of antennas on existing structures and encourage the use of smaller, less obtrusive facilities such as repeaters and microcell facilities where they are feasible alternatives to base station facilities;

6. Locate wireless communication facilities within nonresidential zoning districts, uses, except as otherwise provided in this chapter.

7. Require all wireless communication facilities to be consistent with all other applicable City of Albany plans and municipal code provisions, and applicable regulations and standards of other governmental agencies, and any applicable discretionary permits affecting the subject property except to the extent the Planning and Zoning Commission or City Council shall modify such requirements.

B. Definitions. Unless otherwise specifically provided, the terms used in this section shall have the meanings stated in the Definitions section of this chapter, Section 20.08.020 under the general heading of "Wireless Communications Facility".

C. Exempt Facilities. Except as specifically noted, the following types of facilities shall be exempt from the permit requirements of this section.

1. Exempted by State and/or Federal Regulations. An antenna or wireless communications facility shall be exempt from the provisions of this section if and to the extent that State or Federal law specifically provides that the antenna and/or wireless communications facility is exempt from local regulation.

2. Exempted Subject to Locational Requirements. The following types of antennas are exempted provided that installations are entirely on-site and are not located within required front yard or side yard setback areas. Installations may be located in that portion of a rear yard where accessory buildings are permitted to be located. Such locational requirements are necessary to ensure that such antenna installations do not become public or private nuisances adversely impacting adjacent properties, and/or result in hazards if located adjacent to a street or other public right of way.

a. Radio or Television Antenna. A single ground-mounted or building-mounted receive-only radio or television antenna for the sole use of residential occupants of the parcel on which such antenna is located, with a height including any mast not exceeding ten (10) feet over the basic maximum building height prescribed by the regulations for the district in which the site is located.

b. Satellite Dish Antenna. A ground-mounted or building-mounted receive-only radio or television satellite dish antenna not exceeding twenty-four (24) inches in diameter for the sole use of residential occupants of the parcel on which such antenna is located, provided that the highest point of such dish does not exceed the height of the highest roof ridge or parapet line of the primary structure on said parcel.

c. Citizens Band Antenna. A ground-mounted or building-mounted citizens band radio antenna not exceeding thirty-five (35) feet above grade including any mast.

d. Amateur Radio Antenna. A ground-mounted, building-mounted or tower-mounted antenna operated by a Federally licensed amateur radio operator as part of the Amateur Radio Service. Such antennas shall require building permit approval and approval of placement by the Community Development Director to ensure maximum safety is maintained. Height of antenna and support structure shall not exceed thirty-five (35) feet above grade, except that an extendable structure may, when fully extended, exceed by no more than fifteen (15) feet the height limit prescribed by the regulations for the district in which the site is located.

3. Mobile Services. Mobile services providing public information coverage of news event of a temporary nature, including temporary facilities and emergency facilities.

4. Government Antennas. Receive and/or transmit telemetry station antennas owned and operated by the City of Albany and other public agencies including Federal, State, County and special district entities, for supervisory control and data acquisition systems for such functions as water, flood alert, traffic control devices and signals, storm water, and sanitary sewer, with heights not exceeding sixty (60) feet.

D. Location by Zoning Districts.

1. No wireless communication facilities that both transmit and receive electromagnetic signals shall be permitted in any residential zone. Those facilities designated in paragraph C are exempt from City review.

2. Wireless communication facilities may be located within the following Districts, subject to approval of a use permit and design review, with the findings required by subsection 20.20.100.F.5 of this chapter.

a. Commercial Mixed Use District (CMX).

b. Public Facilities District (PF), except on sites occupied by schools and parks, with the exception of Albany Hill.

c. San Pablo Commercial District (SPC) or Solano Commercial District (SC).

3. In all districts where wireless communication facilities are permitted, any such facility shall be located on a site that provides for, in order of priority:

a. A minimum of fifty (50) feet from any permitted child care facility or school; and

b. A minimum of fifty (50) feet from any property line abutting a residential use.

4. In the San Pablo Commercial District and the Solano Commercial District any wireless communication facility that abuts a residential district shall be set back from a property line that is contiguous to the residential district a minimum distance of fifty (50) feet for antennas.

5. The Planning and Zoning Commission may make a determination that a reduced setback for antenna equipment will not have perceptibly greater noise impact or greater visual impact with respect to properties in the abutting residential district, further provided that there be no less than ten (10) feet of separation between a property line that is contiguous to the residential district and the subject wireless communication facility (with the exception of such elements as transmission cables and meter boxes).

6. No installation shall be located in such a manner as to reduce the development potential of abutting properties, especially potential future residential or mixed-use development potential.

E. Development Requirements and Standards.

1. Development Standards. The following general development standards shall be met by all new wireless communication facilities:

a. New wireless communication facilities shall be co-located with existing legal conforming facilities and with other planned new facilities whenever feasible and aesthetically desirable to minimize overall visual impact.

b. Views. Wireless communication facilities shall be sited to avoid any unreasonable interference with views from neighboring properties, and where their visual impact is least detrimental to scenic vistas.

c. Vacant or Underutilized Sites. Wireless communication facilities placed on vacant or underutilized sites shall be considered temporary and the Planning and Zoning Commission may impose a condition that when the site is developed, these facilities shall be removed, and if appropriate, replaced with building-mounted antennas;

d. Screening. Wireless communication facilities shall be screened in one of the following ways, unless the Planning and Zoning Commission determines that screening is not appropriate for the project:

1) Substantially screened from the view of surrounding properties and the public view or co-located with existing facilities or structures so as not to create substantial visual, noise, or thermal impacts;

2) Sited within areas with substantial screening by existing vegetation;

3) Designed to appear as natural features found in the immediate area, such as trees or rocks, so as to be unnoticeable (stealth facilities); or

4) Screened with additional trees and other native or adapted vegetation which shall be planted and maintained around the facility, in the vicinity of the project site, and along access roads in appropriate situations, where such vegetation is deemed necessary to screen the facilities. Such landscaping, including irrigation, shall be installed and maintained by the project sponsor, as long as the permit is in effect or to the extent permitted by law.

e. Noise. All wireless communication facilities shall be subject to the City-adopted noise standards contained in Section 8-1 of the Albany Municipal Code. Any violation of noise standards, may be cause for the Community Development Director to initiate a revocation procedure as provided by subsection 20.100.010.M.

f. Height. The height of a wireless communication facility (building or ground-mounted) shall not exceed ten (10) feet above the basic maximum building height prescribed by the regulations for the district in which the site located, as provided by subsection 20.24.080.B, and shall be subject to applicable daylight plane restrictions, except Microcell facilities and DAS. For facilities located in the Commercial Mixed Use District (CMX) the height may be increased by up to twenty-five (25) feet above the maximum building height with exceptional design. Exceptional design shall be determined by the Planning and Zoning Commission.

g. All equipment, antennas, poles, or towers shall have a non-reflective finish and shall be painted or otherwise treated to minimize visual impacts; and

h. All wireless communication facilities shall provide sufficient security measures and anti-climbing measures in the design of the facility to reduce the potential for damage, theft, trespass, and injury.

i. Any equipment shelter shall be designed to be architecturally compatible with existing structures on the site or found in the area; and

j. Prohibited.

1) Unless mandated by Federal or State regulations, the use of barbed wire, razor wire, electrified fence, or any other type of hazardous fence as a security precaution is not allowed;

2) No advertising or signs, other than necessary owner identification signs and warning signs, shall be allowed on or at the location of a wireless communications facility.

2. Design Review. In addition to all other applicable development standards, wireless communication facilities shall comply with the requirements of Section 20.100.050.

3. Additional Development Standards for Monopoles. In addition to all other applicable development standards, monopoles shall comply with the following:

a. The applicant shall demonstrate that the proposed facility cannot be placed on an existing building or co-located on an existing monopole or other tower.

b. The maximum height of the proposed monopole or other tower shall be no higher than ten (10) feet above the height limit for the main structure allowed by the zoning district within which the facility is located, and shall be subject to applicable daylight plane restrictions. An exception to the height in the Commercial Mixed Use District (CMX) may be permitted pursuant to Section 20.20.100 E.1.f.

c. Guy wires or support structures shall not be allowed; monopoles shall be self-supporting structures. Design and safety considerations are subject to approval by the Community Development Director;

d. A monopole or other tower facility shall be designed to allow co-location of additional antennas, if deemed desirable by the Planning and Zoning Commission; and

e. Exterior lighting shall not be allowed on commercial wireless communication facilities except for that required for use of authorized persons on site during hours of darkness or where antenna structure owner or registrant is required to light the antenna structure by the terms of the FAA Antenna Structure Registration applicable to the facility.

f. Stealth facilities disguised as elements of urban landscape are encouraged. Clever designs are encouraged.

4. Additional Development Standards for Microcell Facilities and Distributed Antenna Systems (DAS). In addition to all other applicable development standards, Microcell facilities and DAS facilities shall comply with the following:

a. Height.

1) Existing Structures. When microcell facilities and DAS are attached to an existing structure, the highest portion of an antenna comprising the microcell facility or DAS shall extend no more than ten (10) feet above the highest point of the existing structure.

2) New Structures. Any new structure, excluding replacement utility poles, supporting a microcell facility or DAS may be no taller than the maximum building height as specified in the zoning district in which the structure is located. The highest portion of an antenna comprising the microcell facility shall extend no more than ten (10) feet above the highest point of the new structure.

b. Setbacks.

1) No microcell facility shall be located within two hundred fifty (250) feet of any other microcell facility.

2) DAS facilities shall be reviewed on a case by case basis.

c. Antenna Projections.

1) No antenna or antenna mounting hardware shall project out more than twelve (12) inches from the surface of the structure to which it is attached.

d. Equipment and Cabinets.

1) All antenna equipment required for the operation of a microcell facility or DAS, including cooling and ventilating apparatus, and electrical, mechanical and other appurtenances, shall be mounted directly to the antenna support structure or placed underground.

2) Permanently installed generators or air conditioning compressors are not permitted on microcell facilities. Cooling fans located inside the equipment cabinets are permitted.

3) The height and width, or depth of supporting equipment mounted on a structure shall have at least a seven (7) foot clearance from grade. Equipment depth shall not exceed twenty-four (24) inches.

e. Design.

1) The material, texture and color of the microcell facility or DAS shall be designed to match the structure to which it is attached and be compatible with the surrounding area.

F. Permit Approval Process.

1. Types of Permits. Except as specifically exempted in subsection 20.20.100.C above, all wireless communication facilities, and facility modifications that involve any change in the specifications or conditions stipulated in the approved use permit, including but not limited to, changes in power input or output, number of antennas, antenna type or model, number of channels per antenna above the maximum specified in a use permit, repositioning of antennas, increase in proposed dimensions of tower or support structure, or any other facility upgrades, shall be subject to the following permit requirements:

a. Minor Use Permit. Administrative Approval. At the discretion of the Community Development Director, an application for a proposed wireless communication facility may be considered administratively with a noticed public hearing where the proposed facility will be co-located on an existing pole, monopole, or similar support structure other than a building, that has been approved by the City as a wireless communication site.

b. Major Use Permit. Commission Approval. All facilities not exempted by subsection 20.20.100.C above, or which are not eligible for consideration for a minor use permit, including all building-mounted facilities, shall be considered by the Planning and Zoning Commission in a noticed public hearing and may be approved subject to conditions deemed appropriate by the Commission.

c. Design Review. All wireless communication facilities shall be subject to design review and approval, according to procedures and standards stated in subsection 20.100.050. The reviewing body shall consider all structures, materials, colors, and landscaping associated with any proposal to establish a wireless communication facility. Review shall be the responsibility of the Community Development Director in cases where Minor Use Permits are required. The Planning and Zoning Commission shall have responsibility in cases of Major Use Permits.

d. Building Permit. Unless otherwise specifically exempted, a Building Permit shall be required for all wireless communication facilities.

e. Zoning Clearance. For existing wireless facilities where wireless carriers seek to replace antennas and equipment and where there is no facility expansion and negligible size difference (maximum increase of ten (10%) percent surface area) in antennas and related equipment, the carrier shall subject to a zoning clearance according to procedures and standards stated in subsection 20.100.020. The zoning clearance shall be reviewed and approved through the Planning and Zoning Commission prior to building permit issuance. The zoning clearance shall apply to an eligible facilities request as identified in Section 6409 of the Middle Class Tax Relief Act of 2012.

2. Notice Requirements. Public notice shall be provided for any public hearings on applications or appeals, pursuant to procedures stated in Section 20.100.010.

3. Application Submittal. Application submittal requirements shall be established and amended from time to time by resolution of the Albany City Council.

4. Additional Submittal Requirements. In addition to standard application submittal requirements specified by the City of Albany Community Development Department, the Community Development Director shall have the authority to require additional information as necessary to deem the application complete for review.

a. Technical Review. The Community Development Director may employ, on behalf of the City, at the expense of the applicant, an independent technical expert to review the application submittal and provide determinations and recommendations on such issues as compliance with radio frequency emissions standards, the identification of alternative solutions or locations, and the justifications for installation of monopoles or for any requested exceptions to City standards. The costs of said review and any administrative costs shall be paid by the applicant.

5. Findings for Approval. The approving body may approve a use permit for a wireless communications facility only upon making written findings based on substantial evidence in the record.

a. All of the following findings shall be made for the approval of a use permit for a wireless communication facility:

1) Findings otherwise required for use permits and design review by subsection 20.100.030 and Section 20.100.050.⁽¹⁾

^1.Necessity, Desirability, Compatibility. That the size, intensity and location of the proposed use will provide a development that is necessary or desirable for, and compatible with, the neighborhood or the community;

2) All applicable Development Standards in subsection 20.20.100.E above have been met;

6. Standard Agreement.

a. Except for exempt facilities defined in subsection 20.20.100.C, a maintenance and facility removal agreement shall be executed by the operator, the property owner if other than the operator, and the City, for any wireless communication facility.

b. No use permit shall become effective until such agreement has been executed. The Community Development Director shall develop a standard form for such agreement which shall include but not be limited to the following:

1) Maintain the exterior appearance of the facility;

2) Ultimately to remove the facility in compliance with this chapter and any conditions of approval;

3) Pay all costs for monitoring for compliance with this agreement and all conditions and environmental mitigation measures;

4) Reimburse the City for all costs incurred for work the applicant had failed to perform;

5) Where applicable in the case of a freestanding tower, the agreement shall stipulate that the permittee will rent or lease available space on the tower, under the terms of a fair-market lease, to other wireless service communication providers without discrimination.

G. Operation and Maintenance Standards. All wireless communication facilities shall at all times comply with the following operation and maintenance standards. Failure to comply shall be considered a violation of this chapter and subject to enforcement.

1. Each owner or operator of a wireless communication facility shall provide signage identifying the name and phone number of a party to contact in event of an emergency. Where a utility pole or light standard is utilized as a support structure, the signage shall be attached to the base of the pole or standard.

2. Wireless communication facilities and related equipment, including lighting, fences, shields, cabinets, and poles, shall be maintained in good repair, free from trash, debris, litter and graffiti and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable, and in no instance more than forty-eight (48) hours from the time of notification by the city.

3. The owner or operator of a wireless communication facility shall be responsible for maintaining the facility in accordance with the approved and for replacing any deteriorated or damaged structures or foliage, or other landscaping elements shown on the approved plan. Amendments or modifications to the landscape plan shall be submitted to the Community Development Director for approval.

4. The City shall retain annually, at the operator's expense, an approved engineer to conduct an unannounced spot check of the facility's compliance with applicable FCC radio-frequency standards, utilizing the Monitoring Protocol (See definition, Section 20.08). This monitoring shall measure levels of radio-frequency radiation from the facility site's primary antennas as well as from repeaters, if any.

H. Certification of Facilities.

1. If the Community Development Director at any time finds that there is good cause to believe that a wireless communication antenna is not in compliance with applicable FCC radio-frequency standards, he/she may initiate appropriate enforcement actions.

I. Duration, Revocation and Discontinuance.

1. Duration of Permits and Approvals.

a. An approved use permit for a wireless communication facility shall expire one (1) year after the date of final approval. If not activated within one (1) year from the date of final approval, unless, as provided in subsection 20.100.010.K.1.a-d has been satisfied.

b. Once activated, all permit approvals for wireless communication facilities shall be valid for an initial maximum period of up to ten (10) years pursuant to Section 65964 of the California Government Code(B) , or as specified by the approving body. At the expiration of the ten (10) year period, the facility shall be reviewed pursuant to Section 20.20.100 F.1.e for renewal.

c. If the operator fails to remove the wireless communication facilities from the site, the property owner shall be responsible for removal, and may use any bond or other assurances provided by the operator pursuant to the requirements of this chapter to do so. If such facilities are not removed, the site shall be deemed to be a nuisance and the City may call the bond for removal or take such other action as it deems appropriate.

2. Failure to submit the information required in paragraph H. will be considered a violation of the Zoning Ordinance. Any facility found in violation may be ordered to terminate operations by the Planning Commission following a duly noticed public hearing.

3. If the Community Development Director at any time finds that there is good cause to believe that a wireless communication antenna is not in compliance with applicable FCC radio-frequency standards, he/she may initiate appropriate enforcement actions.

4. Existing Uses (Non-Conforming). A lawful nonconforming wireless communication service facility shall be subject to the requirements of Section 20.44 except to the extent that they are modified herein. Routine maintenance shall be permitted on existing, operational equipment and facilities and shall be subject to the Zoning Clearance process defined in Section 20.20.100 F,1,e. However, new construction, other than routine maintenance on existing towers, antennas, buildings, or other facilities shall comply with the requirements of this chapter. In the event of the abandonment of the use of any equipment or facility for a continuous period of one hundred eighty (180) days, the provisions of subsection 20.44.040, Abandonment of Nonconforming Use, shall apply, the associated permits and approvals shall expire, and the site shall thereafter be maintained in conformity with the regulations for the district in which the site is located. The Community Development Director may require removal of such disused equipment or facilities, as provided in subsection 20.20.100.G.2 above.

§ 20.20.110 Cannabis Dispensaries.

[Ord. No. 07-01 § 4; Ord. No. 2011-08 § 5; Ord. No. 2017-07 § 2; amended 12-4-2023 by Ord. No. 2023-06]

A. Purpose and Intent. The purpose of this subsection is to promote the public health, safety and welfare by:

1. Prohibiting medical and recreational cannabis dispensaries and commercial cultivation from locating in the City of Albany.

2. Protecting citizens from the secondary impacts and effects associated with unregulated and unpermitted medical and recreational cannabis dispensaries and related activities, including, but not limited to, loitering, increased noise, fraud in obtaining or using medical cannabis identification cards, sales of medical cannabis to minors, drug sales, robbery, burglaries, assaults or other violent crimes.

3. Decreasing demands on police or other valuable scarce City administrative, financial, or personnel resources in order to better protect the public.

4. This subsection is not intended to conflict with Federal or State law. It is the intention of the City Council that this subsection be interpreted to be compatible with Federal and State enactments and in furtherance of the public purposes which those enactments encompass.

B. Definitions. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this subsection:

CANNABIS

Means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.

COMMERCIAL CANNABIS ACTIVITY

Includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products as provided for in this division.

CULTIVATION

Means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

CULTIVATION SITE

Means a location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.

CULTIVATION PERSONAL USE

Means that within a private residence occupied by a person twenty-one (21) years and older, up to six (6) nonmedical cannabis plants per private residence maybe cultivated indoors for personal use pursuant to the Adult Use of Marijuana Act. Cultivation shall be limited to covered space in personal residence or in an attached garage or other fully enclosed and locked accessory structure located entirely on property owned or legally possessed by the occupant.

DELIVERY

Means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer.

IDENTIFICATION CARD

Shall have the same definition or given such term in California Health and Safety Code Section 11362.7, as may be amended, and which defines "Identification Card" as a document issued under the authority of the State Department of Health Services which identifies a person authorized to engage in the medical use of cannabis, and identifies the person's designated primary caregiver, if any.

LIVE PLANTS

Means living cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants.

MANUFACTURER

Means a licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.

MEDICINAL CANNABIS OR MEDICINAL CANNABIS PRODUCT

Means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation.

MEDICAL CANNABIS DISPENSARY

Means any association, business, facility, use, establishment, location, delivery service, cooperative, collective, or provider, whether fixed or mobile, that possesses, cultivates, distributes, or makes available medical cannabis to three (3) or more of the following: a primary caregiver, a qualified patient, or a patient with an identification card or a patient with a prescription or recommendation from a medical doctor. A dispensary shall not include the following uses, as long as the location of such uses is otherwise regulated by this Code or applicable law:

1. A clinic licensed pursuant to Chapter 1, Division 2 of the Health and Safety Code;

2. A health care facility licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code;

3. A residential care facility for persons with chronic life-threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code;

4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code;

5. A residential hospice or a health home agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as such use complies strictly with applicable law, including but not limited to, Health and Safety Code Section 11362.5 et seq.

PHYSICIAN'S RECOMMENDATION

Means a recommendation by a physician and surgeon that a patient use cannabis provided in accordance with the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code.

PRIMARY CAREGIVER

Shall have the same definition as given such term in California Health and Safety Code Sections 11362.5 and 11362.7 as may be amended, and which define "primary caregiver" as an individual, designated by a qualified patient or identification card holder, who has consistently assumed responsibility for the housing, health, or safety of that qualified patient.

QUALIFIED PATIENT

Means a person who is entitled to the protections of Health and Safety Code Section 11362.5 for patients who obtain and use cannabis for medical purposes upon the recommendation of an attending physician, whether or not that person applied for and received a valid identification card issued pursuant to State law.

RECREATIONAL CANNABIS

Means cannabis which is consumed for recreational, non-medical consumption.

RECREATIONAL CANNABIS DISPENSARY

Means a facility where cannabis is available for purchase for recreational, non-medical consumption.

C. Dispensary Prohibited.

1. No person or entity shall operate or permit to be operated a medical or recreational cannabis dispensary or commercial cultivation site in or upon any premises or any zone in the City. The City shall not issue, approve, or grant any permit, license, or other entitlement for the establishment or operation of a medical or recreational cannabis dispensary or commercial cultivation site.

2. It shall be unlawful for any person or entity to own, manage, conduct, establish, operate or facilitate the operation of any medical or recreational cannabis dispensary or commercial cultivation site, or to participate as an employee, contractor, agent, or volunteer, or in any other manner or capacity, in any medical or recreational cannabis dispensary or commercial cultivation site in the City. The term "facilitate" shall include, but not be limited to, the leasing, renting or otherwise providing any real property or other facility that will in any manner be used or operated as a medical or recreational cannabis dispensary or commercial cultivation site in the City.

3. Nothing in this subsection shall alter, affect, or limit the criminal defense authorized by State law and available to qualified patients and their primary caregivers to possess, transport, deliver or collectively or cooperatively cultivate medical cannabis in accordance with Health and Safety Code Section 11362.71.

D. Establishment, Maintenance, or Operation of Medical or Recreational Cannabis Dispensaries Declared a Public Nuisance. The establishment, maintenance, operation, facilitation, of, or participation in a medical or recreational cannabis dispensary or commercial cultivation site within the City limits of the City of Albany is declared to be a public nuisance, and may be abated by the City or subject to any available legal remedies, including but not limited to civil injunctions and administrative penalties. The City Attorney may institute an action in any court of competent jurisdiction to restrain, enjoin or abate any condition(s) found to be in violation of the provision of this subsection, as provided by law. In the event the City files any action to abate any dispensary or cultivation site as a public nuisance, the City shall be entitled to all costs of abatement, costs of investigation, attorney's fees, as provided in Section 1-12 of the Albany Municipal Code, and any other relief available in law or in equity.

E. Commercial Cultivation Prohibited. The cultivation of medical and recreational cannabis for commercial purposes is prohibited in the City of Albany. This prohibition includes, but is not limited to:

1. Operation of a cannabis nursery, as defined by California Business and Professions Code section 19300.5(aj) as it now reads or as amended.

F. Manufacturing Prohibited. The manufacturing of medical and recreational cannabis for commercial purposes is prohibited in the City of Albany. This prohibition includes, but is not limited to:

1. Medical cannabis manufacturing sites, as defined by California Business and Professions Code section 19300.5(ag) as it now reads or as amended.

G. Personal Use Cultivation Regulations. Indoor cultivation of up to six (6) cannabis plants per residence for growth is permitted to the limited extent authorized under California Health and Safety Code Sections 11362.1 and 11362.2. Outdoor cultivation is prohibited. Indoor personal use cultivation is subject to the following restrictions:

1. Personal Use Cultivation. An individual who may cultivate cannabis for personal use pursuant to State law ("qualified person"), shall be allowed to cultivate cannabis only within his/her personal residence or in an attached garage or other fully enclosed and locked accessory structure located entirely on property owned or legally possessed by him or her.

2. Area. In any residence, the cannabis cultivation area shall not exceed thirty-two (32) square feet measured by the canopy, nor exceed ten (10) linear feet in height. This limit applies regardless of the number of individuals residing in the residence. The cultivation area shall be a single designated area.

3. Lighting. Lighting for cannabis cultivation shall not exceed a total of one thousand two hundred (1,200) watts, or otherwise pose a fire or safety hazard.

4. Building Code Requirements. Any alterations or additions to the residence, including garages and accessory buildings, shall be subject to applicable building, fire, plumbing, and electrical codes, in addition to all applicable zoning codes, including lot coverage, setback, and height requirements.

5. Gas Products. The use of gas products, including but not limited to carbon dioxide and butane, for cannabis cultivation or processing is prohibited.

6. Evidence of Cultivation. From outside the building wherein cultivation occurs, there shall be limited exterior evidence of cannabis cultivation occurring on the site.

7. Residence. The qualified person shall reside at the residence wherein the cannabis cultivation occurs.

8. Cultivation Elsewhere in the City. The qualified person shall not participate in cultivation in any other location within the City.

9. Incidental Use. The residence shall maintain kitchen, bathrooms, and primary bedrooms for their intended use, and cannabis cultivation shall be limited to an incidental use of the residence.

10. Ventilation. The cannabis cultivation area shall include a ventilation and filtration system designed to ensure that odors from cultivation are not detectable beyond the residence (or property line for detached single family residences), and designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence. This shall include at a minimum, a system meeting the requirements of the current adopted edition of the California Building Standards Code, including California Building Code Section 1203.5 (Natural Ventilation) and Mechanical Code Section 402.3 (Mechanical Ventilation) or the equivalent(s) thereof.

11. Use and Storage of Chemicals. For the protection of local groundwater resources and indoor air quality, and to avoid disposal of harmful substances into sewers or septic systems, no chemical shall be used for cannabis cultivation that contains any substance on the list prepared pursuant to Health and Safety Code Section 25249.8; provided that any chemical specifically approved by the California Department of Pesticide Regulation (or other appropriate State agency) for use in small indoor cannabis grow areas may be used in amounts prescribed by that agency. No chemical used for cannabis cultivation shall be stored in a manner visible from neighboring residences or to individuals located outside the property line or in the public right-of-way.

12. Nuisance. The cannabis cultivation area shall not adversely affect the health or safety of nearby residents by creating unreasonable dust, glare, heat, noise, noxious gasses, odors, traffic, vibrations, or similar impacts. Nor shall cannabis cultivation be hazardous due to the use or storage of materials, processes, products, or wastes, or from any actions incidental or related to the cultivation.

13. Property Owner Authorization. For rental property, the property owner, property manager or management company shall provide written authorization to the tenant that personal use cultivation is permitted.

H. Cannabis Deliveries Permitted. The commercial delivery of medical and recreational cannabis is permitted to locations within the City of Albany.

I. Penalties for Violation.

1. The violation of any provision of this subsection is unlawful and constitutes a misdemeanor, punishable by a fine of not more than one thousand ($1,000.00) dollars or a jail term of six (6) months, or both. Each and every day a violation occurs shall be deemed a separate violation.

2. In addition to the remedies set forth herein, the City in its sole discretion, may also issue an Administrative Citation in accordance with Section 1-11 "Administrative Citations" of the Albany Municipal Code to any person or entity that violates the provisions of this subsection.

J. Severability. If any provision of this subsection, or the application thereof to any person or circumstance, is held invalid, that invalidity shall not affect any other provision or application of this subsection that can be given effect without the invalid provision or application; and to this end, the provisions or applications of this subsection are severable.

§ 20.20.120 Tobacco Retail Sales.

[Ord. No. 09-03 § 4]

A. Standards for Facility Location. The following standards shall apply to the physical location of any significant tobacco retailer.

1. No significant tobacco retailer shall have a principal entrance located within seventy-five (75) feet of a parcel of land in an R-Residential zoning district.

2. The principal entry to any establishment shall be located within clear sight of a public street, and shall not be within twenty-five (25) feet of any residential entrance, including the principal entry of any multi-unit residential building.

3. No significant tobacco retailer shall be located within a five hundred (500) foot distance of any of the following:

a. Any schools, child day care centers, public libraries or public community centers;

b. Any municipal parks or playgrounds.

4. No significant tobacco retailer shall be located within a five hundred (500) foot distance of any of the following businesses, where such businesses were existing at the time of approval of a use permit for a significant tobacco retailer:

a. Any youth-oriented establishment characterized by either or both of the following (1) the establishment advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors; or (2) the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minor

5. Exception for five hundred (500) foot distance specified in paragraph 4, above: the Planning and Zoning Commission may permit a new youth-oriented establishment to be located within five hundred (500) feet of an existing significant tobacco retailer, subject to the following findings:

a. The subject youth-oriented establishment would not be a permitted use in a residential district; and

b. The proximity of the existing significant tobacco retailer would not have any detrimental effect on the minor patrons of the youth-oriented establishment.

B. Operation Standards.

1. Tobacco products and/or tobacco paraphernalia shall be secured so that only store employees have immediate access to the tobacco products and/or tobacco paraphernalia. Self-service displays are prohibited.

2. The tobacco retailer shall comply with all applicable local, State, and Federal laws regarding the advertising, display, or sales of tobacco products.

3. No person under eighteen (18) years of age may distribute, exchange, or sell tobacco products.

4. Sampling of tobacco products by individuals less than eighteen (18) years of age shall be prohibited.

§ 20.20.130 Entertainment Permit.

[Ord. No. 09-011 § 5]

A. Purpose. This section establishes regulations for the granting of an entertainment permit. The standards are in addition to the requirements of Albany Municipal Code Section 5-11.

B. Entertainment Permit Required. An entertainment permit shall be required for any place where entertainment is provided within a bar, cocktail lounge, tavern, cafe, restaurant, hotel, motel, or public place where food, alcoholic or other beverages, or other refreshments are served. See Municipal Code Section 5-11.

§ 20.20.140 Emergency Shelter.

[Ord. No. 2014-02 § 4]

See Section 20.40.070.

§ 20.20.150 Single Room Occupancy (SRO) Residential Hotel.

[Ord. No. 2014-11 § 4; amended 12-4-2023 by Ord. No. 2023-06]

A. Purpose. When allowed by Section 20.12.040 (Permitted Land Uses by District), a single-room occupancy residential housing facility (SRO) at a fixed location is subject to the requirements of this section. The provisions of this section are intended to provide opportunities for the development of permanent, affordable housing for small households and for people with special needs in proximity to transit and services and to establish standards for these small units.

B. Location. A single-room occupancy residential housing facility shall not be located within three hundred (300) feet of any other single-room occupancy residential housing, emergency shelter, or other similar program, unless such program is located within the same building or on the same lot.

C. Development Standards. All SRO facilities shall comply with the following regulations.

1. Units shall have a minimum floor area of one hundred twenty (120) square feet and a maximum floor area of four hundred (400) square feet.

2. Each unit shall accommodate a maximum of two (2) persons.

3. Provide for adequate exterior security lighting.

4. Laundry facilities shall be provided in a separate room at the ratio of one (1) washer and one (1) dryer for every six (6) units or fractional number thereof, with at least one (1) washer and dryer per floor.

5. Cleaning Supply Room. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO facility.

6. Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub or shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one (1) full bathroom per floor.

7. Kitchen. An SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator and cooking appliance. A partial kitchen is missing at least one of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one (1) full kitchen per floor.

8. Closet. Each SRO unit shall have a separate closet.

9. Code Compliance. SRO units shall comply with all requirements of the California Building Code. All units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible.

D. Off-Street Bicycle Parking Requirements. An SRO facility shall provide a secured bicycle parking area to accommodate one (1) bicycle for every SRO unit.

E. Operational Standards. An SRO facility with ten (10) or more units shall provide on-site management. An SRO facility with less than ten (10) units may provide a management office on-site.

F. Tenancy. Tenancy of SRO units shall not be for less than thirty (30) days.

G. Existing Structure. An existing structure may be converted to an SRO facility, consistent with the provisions of this section. Any such conversion must bring the entire structure up to current building code standards, including accessibility and adaptability standards.

§ 20.20.160 Gyms and Health Clubs.

[Ord. No. 2019-01 § 3]

A. Purpose. This subsection establishes regulations for gyms and health clubs to protect surrounding properties and public health, safety and welfare.

B. Performance Standards.

1. Hours of Operation: Hours of operation in the SC and SPC Districts shall be limited to 6am to 9pm. Extension beyond these hours shall be subject to a Major Use Permit.

2. Noise Standards: All functions in the space must comply with City noise standards, as per 20.36.020.D, through use of insulation or other means.

§ 20.20.170 Chain Stores.

[Ord. No. 2019-01 § 3]

A. Purpose. This subsection establishes permit requirements and required findings for chain stores in the SC District.

B. Major Use Permit. Notwithstanding permit requirements for the SC District specified in Table 1: 20.12.040, businesses with 100 or more fixed locations are subject to a Major Use Permit to ensure that storefront design and use are consistent with the district purposes and surrounding uses.

C. Findings. The approving body shall make the following findings when approving a Major Use Permit subject to this subsection:

1. The proposed use is compatible with the purposes of the SC district (Section 20.12.060.B.1).

2. The proposed signage and storefront design are compatible with the character of the neighborhood and commercial corridor.