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City of Albany, CA
Alameda County
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[Ord. No. 04-09]
The purposes of this section are to describe the characteristics of the types of land use that are listed on Table 1, subsection 20.12.040, and to provide a system of classification of individual land use types. Four (4) broad categories allow for the grouping of uses that have generally similar characteristics and impacts. Uses identified within the classifications are intended as examples of types of uses rather than exhaustive lists. Additional uses are not precluded. As new uses occur they can be assigned to the appropriate classification through the procedure described in subsection 20.16.060. Similarly, descriptions of existing uses may be modified as they evolve over time.
[Ord. No. 04-09; Ord. No. 2014-02 § 2; Ord. No. 2014-05 § 4; Ord. No. 2014-11 § 2; Ord. No. 2017-06 § 1]
A. 
Residences.
1. 
Single-Family Dwelling. A freestanding structure arranged, designed, and intended to be occupied as one primary residence. An accessory dwelling unit may also be located in or associated with a single-family dwelling and may be attached or detached.
[Amended 6-1-2020 by Ord. No. 2020-04]
2. 
Two-Family Dwellings (Duplex). A structure that is a type of multi-family residential structure that contains two dwelling units.
3. 
Multi-Family Dwelling. A structure that contains more than two dwelling units. Types of multi-family dwellings include townhouses, and apartment buildings.
4. 
Live/Work Space. Units that provide both living and work space for those engaged in professional or technical fields, or in the fine and applied arts, such as painting, sculpting, graphic design, desktop publishing, writing, and related fields.
5. 
Residential Mixed-Use Development. The use of a lot or building with two or more different land uses including, but not limited to, residential, commercial, retail, or office, in a single structure or a group of physically integrated structures on a contiguous lot.
6. 
Shared Housing. One or more buildings that by their design, arrangement and relationship intentionally bring together several households of various demographics and configurations for housing affordability. The facility may include but not be limited to adaptive or re-use of an existing single-family residence or commercial structure, or new construction. In all variations the housing includes chosen shared daily living areas, private rooms or quarters for each household, and may include optional income generating spaces.
7. 
Senior Citizen Housing Development. A housing development which has been designed to meet the physical and social needs of senior citizens and which qualifies as "housing for older persons," as that phrase is used in California Civil Code Sections 51.3 and 51.12 and Federal statutes. (See subsection 20.08.020. Definitions (A-Z)).
8. 
"Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
[Amended 6-1-2020 by Ord. No. 2020-04]
(a) 
An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
(b) 
A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
9. 
Affordable Dwelling Unit. See subsection 20.08.020. "Affordable Dwelling Unit, for Rent" or "Affordable Dwelling Unit, for Sale."
B. 
Rooming or Boarding House. A dwelling unit in which five (5) or more persons are provided lodging for compensation. Does not include a residential care facility. Provision of lodging for four (4) or fewer persons shall be considered to be an accessory use of a dwelling unit.
C. 
Bed and Breakfast. A facility offering transient lodging to the general public and conducted in a private single-family detached residential unit located in a residential zone, and providing sleeping rooms with private or semiprivate bathroom facilities. (See subsection 20.20.010 for specific regulations applicable to this use.)
D. 
Care Facility, Residential.
1. 
Small. Twenty-four (24) hour non-medical care for six (6) or fewer persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed for residential care by the State of California. (See subsection 20.20.020.C.1 for specific regulations applicable to this use.)
2. 
Large. Twenty-four (24) hour non-medical care for more than six (6) persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed for residential care by the State of California. (See subsection 20.20.020.C.2 for specific regulations applicable to this use.)
E. 
Day Care Homes, Residential.
1. 
Small Family. A day care facility located in a single-family residence where an occupant of the residence provides care and supervision for eight (8) or fewer children, consistent with Section 1597.44 of the California Health and Safety Code. (See subsection 20.20.020.B.1 for specific regulations applicable to this use.)
2. 
Large Family. A day care facility located in a single-family residence where an occupant of the residence provides care and supervision for up to fourteen (14) children, consistent with Section 1597.465 of the California Health and Safety Code. (See subsection 20.20.020.B.2 for specific regulations applicable to this use.)
F. 
Secondary Residential Unit. A separate dwelling unit that contains independent kitchen, sleeping and bathroom facilities which is located on a lot with a residential use, and which is clearly subordinate to the main dwelling. Two bedrooms may be allowed. A kitchen facility shall be defined as a room or a portion of a room, designed or used for the purpose of preparing meals, or containing the necessary appliances. (See subsection 20.20.080 for specific regulations applicable to this use.)
G. 
Transitional Housing. Transitional housing means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be not less than six (6) months.
H. 
Supportive Housing means housing with no limit on length of stay, that is occupied by the target population as defined in subdivision (d) of California Health and Safety Code Section 53260, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
I. 
Single-Room Occupancy (SRO) Residential Hotels. Any building containing five or more guest rooms or units intended or designed to be used, or which are used, rented, or hired out, to be occupied, or which are occupied, for sleeping purposes by residents, which is also the primary residence of those residents. The individual units shall lack either cooking facilities or individual sanitary facilities, or both. However, for purposes of this definition, a Single Room Occupancy Residential Hotel does not include residential care homes, senior housing projects, rooming and boarding houses, hotels and motels, bed and breakfast lodging, extended care facilities or hospitals.
[Ord. No. 04-09; Ord. No. 2019-01 § 2]
A. 
Adult Entertainment Establishments. Establishments based primarily on materials or performances that depict, describe, or relate to specified sexual activities: human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation, or sodomy; fondling or other erotic touching of human genitals (pubic region), buttocks, or female breasts; or any other adult entertainment activity as determined by the Community Development Director. (See subsection 20.20.070.F for specific regulations applicable to this use.)
B. 
Animal Sales and Services.
1. 
Animal Boarding. Provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care.
2. 
Animal Grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding of domestic animals for a maximum period of forty-eight (48) hours.
3. 
Animal Hospitals. Establishments where small animals receive medical and surgical treatment, including grooming and boarding of animals for no more than thirty (30) days if incidental to the hospital use and limited to animals receiving medical care.
4. 
Animal Sales. Retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building. This classification includes grooming if incidental to the retail use.
C. 
Automobile/Vehicle/Equipment Sales and Services.
1. 
Automobile, Vehicle, or Equipment Sales and/or Rental. Sale and/or rental of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, mobile homes, boats and similar equipment, including storage and incidental maintenance.
2. 
Automobile, Vehicle, or Equipment Repair. Repair of automobiles, trucks, motorcycles, motor homes or recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, oil change facilities, body and fender shops, wheel and brake shops, tire sales and installation, and upholstery shops, but excludes vehicle dismantling or salvage and tire retreading or recapping.
3. 
Automobile Service Stations. Establishments engaged in the retail sale of gas or diesel fuel, lubricants, parts, and accessories. This classification includes incidental maintenance and repair of automobiles when performed in conjunction with the sale of gas or diesel fuel and vehicle washing, but excludes body and fender work or repair of heavy trucks or vehicles.
4. 
Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles.
D. 
Bar. An establishment the primary function of which is to prepare and serve alcoholic beverages for on-site consumption. Such establishment is distinguished from an "eating place" for purposes of licensing by the California Department of Alcoholic Beverage Control. Such establishment may or may not provide live entertainment. (See subsection 20.20.070.C and D for specific regulations applicable to this use.)
E. 
Building Materials Sales and Service.
1. 
Within an Enclosed Building. Retailing, wholesaling, or rental of building supplies or construction equipment. This classification includes lumber, tool and equipment sales or rental establishments, but excludes establishments devoted exclusively to retail sales of paint and hardware and activities classified under vehicle/equipment sales and services, including vehicle towing services.
2. 
Open Storage Area. Same as above, including lumberyards and building contractors' yards.
F. 
Commercial Recreation/Entertainment. Provision of participant or spectator recreation or entertainment. This classification includes theaters, sports stadiums and arenas, gaming facilities, amusement parks, bingo parlors, bowling alleys, billiard parlors, poolrooms, dance halls, ice/roller skating rinks, golf courses, miniature golf courses, golf driving ranges and archery ranges, scale-model courses, shooting galleries, tennis/racquetball courts, croquet courts, swim clubs, pinball arcades or electronic games centers having more than five (5) coin-operated game machines, and the like.
G. 
Commercial Recreation/Entertainment in the Waterfront District. Includes live horse racing which exceeds one hundred twenty (120) days in any calendar year (irrespective of whether conducted by one or more operators at the facility), golf, tennis, swimming and other commercial or spectator or participatory activities and uses which, in the opinion of the Planning and Zoning Commission, are of a similar nature.
H. 
Communications Facilities. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding major utilities. This classification includes radio, television, or recording studios; and telephone switching centers.
I. 
Construction Services (Contractors). Businesses that are characterized by the installation of materials or equipment on the property of the purchaser. Equipment and materials are stored indoors in this use type.
J. 
Custom Manufacturing. An establishment primarily engaged in on-site production of goods by hand manufacturing or artistic endeavor and the incidental direct sale to consumers of goods produced on site. Use involves only the use of hand tools or small mechanical equipment that does not generate substantial toxins, noise, or odors. Typical uses include ceramic studios, custom clothing, furniture making, and jewelry manufacturers.
K. 
Dry Cleaner (Retail). A service business use in which clothes are deposited by a customer to be dry- cleaned or laundered at another location or the same location. Such agents may also engage in clothing repairs, alterations, pressing and/or ironing. This classification excludes dry cleaning plants.
L. 
Financial Institutions. Establishments that provide retail banking, credit, and mortgage services to individuals and businesses. This classification includes businesses offering check-cashing facilities.
M. 
Food and Beverage Preparation. Businesses preparing and/or packaging food for wholesale and/or retail sales and the incidental direct sale to consumers of goods produced on site. Use excludes those of an industrial character in terms of processes employed, waste produced, water used, and traffic generation. Typical uses include bakeries, small coffee roasters, micro-breweries, and micro-distilleries.
N. 
Funeral and Interment Services. Establishments primarily engaged in the provision of services involving the care, preparation or disposition of human dead. Typical uses include crematories, columbarium, mausoleums or mortuaries.
O. 
Gyms and Health Clubs. Facilities offering the use of exercise equipment or space for the public, and/or providing services such as, but not limited to, expertise and instruction for fitness training, martial arts and aerobics classes.
P. 
Hotels and Motels. Establishments offering transient lodging on a less than weekly basis, which also may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities.
Q. 
Laboratory, Limited. Medical or dental laboratory services or photographic, analytical, or testing services in an establishment of less than two thousand (2,000) square feet. (Other laboratories are classified as limited industry.)
R. 
Laundry, Large-Scale. A building or structure in which the business of a laundry is conducted on the ground floor in which only water and detergent are used, and where the drying, ironing and finishing of such goods are conducted.
S. 
Laundry, Self-Service. A business which offers self-service laundry and/or dry cleaning machines and dryers, which are coin, token or otherwise fee operated.
T. 
Liquor Store. An establishment licensed by the State of California for "off sale general" sales of beer, wine and distilled spirits for consumption off the premises where sold; also known as package store.
U. 
Marina and Boat Launching Ramps. A facility for storing, servicing, fueling, berthing, and securing and launching of private pleasure craft that may include the sale of fuel and incidental supplies for the boat owners, crews and guests.
V. 
Offices, General. Administrative offices, including offices of public or quasi-public service agencies or corporate management offices; financial businesses, including banks and companies dealing in trusts, mortgages or investments; real estate businesses including brokers, appraisers and property managers; or office operations that provide products or services to the public in a manner similar to retail sales, as may be the case with, for example, travel and insurance businesses.
W. 
Offices, Professional. Individuals, firms or organizations providing professional services which are characterized by the advisory or consultative nature of the services, and by an operational pattern of meeting clients in scheduled appointments. Examples include accounting services; counseling services such as provided by psychologists or social workers; design services such as architect, engineer or software development; legal services; and medical services such as provided by physicians, dentists, psychiatrists, chiropractors and acupuncturists. The classification includes medical or other laboratories that are incidental to, or supportive of, professional offices.
X. 
Parking Facilities, Nonresidential. Areas or structures for vehicle parking not associated with residential uses. May be available for public use or restricted to vehicles of employees and/or customers, and may be operated on a fee or non-fee basis. May also include corporate or fleet vehicles associated with an abutting use, but the storage of vehicles for sale or repair is prohibited.
Y. 
Pawn Shops. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property.
Z. 
Printing, Retail. A commercial establishment open to the general public that is primarily involved in the electronic duplication of graphic and printed materials for personal or business use, and which also provides other products and services including, but not limited to, photocopying, electrostatic printing, laser printing, word processing services, computer generated graphics, computer aided design services, video imaging and reproduction services, on-site computer rental, and on-site teleconferencing.
AA. 
Printing, Industrial. A commercial establishment that is not open to the general public that is primarily involved in the duplication of graphic and printed materials through the use of offset printing, or similar printing processes.
BB. 
Repair Services (non-auto). Establishments providing repair services for personal items and small equipment (such as household appliances, computers, television, audio or video equipment, and office machines repair). This classification excludes maintenance and repair of vehicles (see automobile/vehicle/equipment repair).
CC. 
Research and Development, Commercial. Establishments which are compatible in scale with a retail environment, and are primarily engaged in the research, development, and controlled production of high-technology, electronic, industrial or scientific products or commodities for sale. This classification includes biotechnology firms and manufacturers of computer components.
DD. 
Research and Development, Educational. Facilities engaged in educationally-oriented industrial or scientific research and product development.
EE. 
Restaurant. Businesses serving prepared food or beverages for consumption on or off the premises.
1. 
With Live Entertainment. Musical, theatrical, song or dance, pantomime, scene, or performance for the purpose of entertaining a guest or patron, on a scheduled basis more than three times a calendar year, regardless of whether the performers are compensated. (See subsection 20.20.070.D for specific regulations applicable to this use.)
2. 
With Take-out Service. Establishments at which twenty (20%) percent or more of the transactions are sales for off-site consumption. This category includes establishments with walk-up and drive-through facilities.
a. 
Walk-up Facilities. Establishments where patrons order and pay for their food at a counter within the establishment. (See subsection 20.20.070.B.3.a for specific regulations applicable to this use.)
b. 
Drive-through Facilities. Service from a building to persons in vehicles through an outdoor service window. (See subsection 20.20.070.B.3.b for specific regulations applicable to this use.)
FF. 
Retail, Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include supermarkets, specialty food stores, liquor stores, or delicatessens. This category also includes large-scale stores that sell food items and beverages in bulk, and also may sell bulk household and office products. Uses may include on-site automated teller machines (ATMs) or limited seating for eating areas.
GG. 
Retail, Nurseries and Garden Supplies. Establishments primarily engaged in the retail sale of plants grown elsewhere, and the incidental sale or rental of garden and landscape materials and equipment.
HH. 
Retail Sales. Establishments engaged in sale of goods, including, but not limited to, the retail sale of merchandise not specifically listed under another use classification.
1. 
Neighborhood Retail. This classification includes retail services primarily oriented towards surrounding neighborhoods. It includes but is not limited to apparel stores, drug stores and pharmacies, dry goods stores, florists, and jewelry stores.
2. 
Community Retail. This classification includes retail services oriented towards a citywide customer base. It includes but is not limited to department stores, new automotive parts sales, large appliance sales, office supplies and equipment sales, and furniture sales.
3. 
Regional Retail. This classification includes retail services oriented towards a regional customer base. It includes but is not limited to bulk retail centers that sell food and household items in bulk.
4. 
Waterfront and Sports-related Commercial Sales and Services.
II. 
Services, Ambulance. Administrative facilities for emergency medical care operated by private or nonprofit organizations, including provision of transportation services, sleeping facilities and incidental storage and maintenance of vehicles.
JJ. 
Services, Business. Establishments providing building maintenance, document delivery, mail receiving and boxes, graphic arts, blueprinting, typesetting, copying, and photographic services. This classification excludes maintenance and repair and accounting, advertising, architectural design, city planning, environmental analysis, insurance, interior design, investment, landscape design, law, management consulting, title companies, and real estate offices.
KK. 
Services, Catering. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption.
LL. 
Services, Instructional. Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools, diet centers and reducing salons.
MM. 
Services, Massage. Establishments providing massage services or on-call massage services. (See subsection 20.20.050 for specific regulations applicable to this use.)
NN. 
Services, Personal. Provision of services of a personal nature. This classification includes barber and beauty shops, nail salons, tanning salons, seamstresses, tailors, shoe repair, dry cleaning agencies (excluding plants), photocopying, self-service laundries, spa and hot tub facilities, and the like.
OO. 
Tutoring/Lessons. A facility offering academic tutoring or lessons to school-aged children; excludes schools.
[Ord. No. 04-09]
A. 
Industry, Limited. Manufacturing of finished parts or products, primarily from previously prepared materials; and provision of industrial services; both within an enclosed building. This classification includes bakeries, laundry and dry cleaning plants, commercial printers and businesses engaged in processing, fabrication, assembly, treatment, and packaging, but excludes basic industrial processing from raw materials, food processing, and vehicle/equipment services.
B. 
Industry, General. Manufacturing of products, primarily from extracted or raw materials, or bulk storage and handling of such products and materials. This classification includes food processing and packaging, stonework and concrete product manufacturing, forging, stamping, power generation, sawmills and paper manufacturing.
C. 
Truck Terminal. Facilities for freight service and operations by truck.
D. 
Warehousing and Storage. Facilities for bulk transfer and storage with no on-site sales.
1. 
Indoor Storage. Storage of commercial goods prior to their distribution to wholesale and retail outlets within an enclosed building. This classification includes personal property storage.
2. 
Outdoor Storage. Storage of vehicles or commercial goods in open lots.
E. 
Wholesaling and Distribution. Indoor storage and sale of factory-direct merchandise and bulk goods. This use classification includes mail-order sales, importing and the retail or wholesale sale of goods imported by the establishment, and wholesale distribution, but excludes sale of goods at discount prices for individual consumption.
[Ord. No. 04-09; Ord. No. 07-01 § 3; Ord. No. 2011-08 § 4; Ord. No. 2014-02 § 3]
A. 
Community Assembly. Nonprofit institutions providing for public gatherings or events. This classification includes community playhouses.
B. 
Clubs or Lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs and youth centers.
C. 
Cultural Activities/Institutions. Nonprofit institutions displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes libraries, museums, and art galleries.
D. 
Day Care Center, (Non-Family). Any facility that provides non-medical care to more than twelve (12) persons on a less than twenty-four (24)-hour basis. This classification includes nursery schools, preschools, and day care centers for children or adults.
E. 
Emergency Shelter. "Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
F. 
Hospitals and Clinics. State-licensed facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This classification includes facilities for in-patient or outpatient treatment, as well as training, research, and administrative services for patients and employees.
G. 
Park and Recreation Facilities. Noncommercial parks, playgrounds, recreation facilities, and open spaces. This classification includes community centers, boat launching ramps and marinas.
H. 
Public Administrative Offices/Facilities. Facilities for public administration; public safety and emergency services, including facilities that provide police and fire protection, and emergency medical services; social services including but not limited to those listed in paragraph L below.
I. 
Public Maintenance Facilities. Facilities providing maintenance and repair services for vehicles and equipment and areas for storage of equipment and supplies for maintenance of public facilities and infrastructure.
J. 
Religious Institutions. Facilities for religious worship and incidental religious education, but not including private schools.
K. 
Schools, Public or Private. Facilities for kindergarten through twelfth (12th) grade, or adult education, and private educational institutions.
L. 
Social Service Facilities. Establishments offering counseling and short-term emergency services. Social service facilities include:
1. 
Drug abuse center.
2. 
Housing services.
3. 
Neighborhood recovery centers.
4. 
Social service agencies.
M. 
U.S. Post Office. Government retail postal service branch office that may or may not include mail carrier services.
N. 
Utilities, Major. Generating plants, electrical substations, electrical transmission lines, switching buildings, refuse collection and transfer stations, processing, recycling or disposal facilities, major flood control or drainage facilities, water or wastewater treatment plants, or transportation, and all similar facilities.
O. 
Utilities, Minor. New utility facilities that are necessary to support established uses and involve only minor structures such as electrical distribution lines and aboveground cabinets.
P. 
Utilities, Underground. Public or regulated underground utility that provides water, sewage collection, electricity, natural gas, telephone, cable television or other public service or goods to the public.
[Ord. No. 04-09]
The Community Development Director shall determine whether a specific use shall be deemed to be within one or more use classification or not within any classification in this chapter. A new use may be incorporated into the ordinance by amending Chapter 20, Planning and Zoning (a zoning text amendment) that adds a new use classification or modifies an existing use classification. The Community Development Director will refer issues regarding General Plan consistency to the Planning and Zoning Commission for resolution.