[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.
[Ord. No. 04-09; Ord. No. 09-011 § 4; amended 12-4-2023 by Ord. No. 2023-06]
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. Two types of Family Day Care Homes are distinguished,
pursuant to State regulations: Large Family Day Care Homes and Small
Family Day Care Homes. Both types are located within family residences,
under the operation of the residents thereof.
1.
Small. State-licensed facilities for eight (8) or fewer children
of less than eighteen (18) years of age are an accessory use of residentially
zoned and occupied properties. Small Family Day Care Homes 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.
2.
Large. State-licensed facilities that exceed the permitted occupancy
of Small Family Day Care Homes may accommodate up to fourteen (14)
children of less than eighteen (18) years of age, subject to approval
of a Minor Use Permit. The following standards shall be applicable
to Large Family Day Care Homes:
a.
Adjacent Residential Uses. No residential property shall be
abutted on more than one (1) side by any combination of a large family
day care home, a day care center, or a residential care home.
b.
Spacing of Facilities. No Large Family Day Care Home or day
care center shall be permitted if any other licensed Large Family
Day Care Home or day care center is located within three hundred (300)
feet of the lot subject to the application.
c.
Public Notice and Hearing. At least ten (10) calendar days prior
to an administrative public hearing on a Minor Use Permit for a Large
Family Day Care Home, notice of the proposed use and public hearing
shall be mailed or delivered to owners of property within one hundred
(100) feet of the exterior boundaries of the proposed day care home,
as described in subsection 20.100.030.C.
C.
Residential Care Homes.
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
Homes 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 Major
Use Permit.
a.
Adjacent Residential Uses. No residential property shall be
abutted on more than one (1) side by any combination of a large family
day care home, a day care center or a residential care home.
b.
Spacing of Facilities. No residential care facility shall be
permitted if any other licensed residential care facility is located
within three hundred (300) feet of the lot subject to the application.
[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.
[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.
[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.
[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.
[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.
[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]
A.
Purpose. The Accessory Dwelling Unit Ordinance (this section) is
intended to:
1.
Foster and encourage the addition of small, more affordable
housing units to the City's housing stock and to help address the
state's housing crisis;
2.
Provide homeowners financial flexibility and the option to share
their homes;
3.
Protect neighborhoods from potentially detrimental effects of
unpermitted secondary residential units; and
4.
Allow and regulate accessory dwelling units (ADUs) and junior
accessory dwelling units (JADUs) in compliance with California Government
Code Sections 65852.2 and 65852.22.
B.
Effect of Conforming. An ADU or JADU that conforms to the standards
in this section will not be:
1.
Deemed to be inconsistent with the City's general plan and zoning
designation for the lot on which the ADU or JADU is located.
2.
Deemed to exceed the allowable density for the lot on which
the ADU or JADU is located.
3.
Considered in the application of any local ordinance, policy,
or program to limit residential growth.
4.
Required to correct a nonconforming zoning condition, as defined
in the definition of "nonconforming zoning condition" in Subsection
C below. This does not prevent the City from enforcing compliance
with applicable building standards in accordance with Health and Safety
Code Section 17980.12.
C.
ACCESSORY DWELLING UNIT or ADU
1.
2.
ACCESSORY STRUCTURE
COMPLETE INDEPENDENT LIVING FACILITIES
EFFICIENCY KITCHEN
IMPACT FEE
JUNIOR ACCESSORY DWELLING UNIT or JADU
1.
2.
3.
4.
LIVING AREA
NONCONFORMING ZONING CONDITION
PASSAGEWAY
PRIMARY UNIT or PRIMARY RESIDENCE
PROPOSED DWELLING
PUBLIC TRANSIT
TANDEM PARKING
Definitions. As used in this section, terms are defined as follows:
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:
An efficiency unit, as defined by Section 17958.1 of the California
Health and Safety Code; and
A manufactured home, as defined by Section 18007 of the California
Health and Safety Code.
A structure that is accessory and incidental to a dwelling located on the same lot. The term "accessory structure" shall be deemed to include an "accessory building" as defined in Section 20.08.020 of this Code.
Permanent provisions for living, sleeping, eating, cooking,
and sanitation on the same parcel as the single-family or multifamily
dwelling is or will be situated.
A kitchen that includes each of the following:
Has the same meaning as the term "fee" as defined in Subdivision
(b) of Section 66000 (Government Code), except that it also includes
fees specified in Section 66477 (Government Code). "Impact fee" does
not include any connection fee or capacity charge charged by a local
agency, special district, or water corporation.
A residential unit that:
Is no more than 500 square feet in size;
Is contained entirely within an existing or proposed single-family
primary unit;
Includes its own separate sanitation facilities or shares sanitation
facilities with the existing or proposed single-family primary unit;
and
Includes an efficiency kitchen, as defined in the definition
of "efficiency kitchen" above.
The interior habitable area of a dwelling unit, including
basements and attics, but does not include a garage or any accessory
structure.
A physical improvement on a property that does not conform
with current zoning standards.
A pathway that is unobstructed clear to the sky and extends
from a street to one entrance of the ADU or JADU.
A single-family or multifamily residential dwelling unit
that either exits on or is proposed for a lot zoned for single-family
or multifamily residential use.
A dwelling that is the subject of a permit application and
that meets the requirements for permitting.
A location, including, but not limited to, a bus stop or
train station, where the public may access buses, trains, subways,
and other forms of transportation that charge set fares, run on fixed
routes, and are available to the public.
That two or more automobiles are parked on a driveway or
in any other location on a lot, lined up behind one another.
D.
Approvals. The following approvals apply to ADUs and JADUs under
this section:
1.
Building-Permit Only. If an ADU or JADU complies with each of
the general requirements in Subsection E below, it is allowed with
only a building permit in the following scenarios:
(a)
Converted on Single-family Lot: Only one ADU or JADU on a lot
with a proposed or existing single-family dwelling on it, where the
ADU or JADU:
(1)
Is either: within the space of a proposed single-family
dwelling; within the existing space of an existing single-family dwelling;
or within the existing space of an accessory structure, plus up to
150 additional square feet if the expansion is limited to accommodating
ingress and egress.
(2)
Has exterior access that is independent of that
for the single-family dwelling.
(3)
Has side and rear setbacks sufficient for fire
and safety, as dictated by applicable building and fire codes.
(b)
Limited Detached on Single-family Lot: One detached, new-construction
ADU on a lot with a proposed or existing single-family dwelling [in
addition to any JADU that might otherwise be established on the lot
under Subsection D1(a) above], if the detached ADU satisfies the following
limitations:
(c)
Converted on Multifamily Lot: Multiple ADUs within portions
of existing multifamily dwelling structures that are not used as livable
space, including, but not limited to, storage rooms, boiler rooms,
passageways, attics, basements, or garages, if each converted ADU
complies with state building standards for dwellings. Multiple converted
ADUs shall be permitted, up to 25% of the number of existing multifamily
dwelling units.
2.
ADU Permit.
(a)
Except as allowed under Subsection D1 above, no ADU or JADU
may be created without a building permit and an ADU permit in compliance
with the standards set forth in Subsections E and F below.
(b)
The City may charge a fee to reimburse it for costs incurred
in processing ADU permits, including the costs of adopting or amending
the City's ADU Ordinance. The ADU permit processing fee is determined
by the Community Development Director and approved by the City Council
by resolution.
3.
Process and Timing.
(a)
An ADU permit is considered and approved ministerially by Community
Development staff, without discretionary review or a hearing.
(b)
The City shall act on an application to create an ADU or JADU
within 60 days from the date that the City receives an application,
unless:
(1)
The submittal documentation required for compliance
review is determined to be incomplete by Community Development staff;
(2)
The applicant requests a delay, in which case the
sixty-day time period is tolled for the period of the requested delay;
or
(3)
The application to create an ADU or JADU is submitted
with a permit application to create a new single-family primary unit
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 dwelling, but the application to create the
ADU or JADU will still be considered ministerially without discretionary
review or a hearing.
E.
General ADU and JADU Requirements. The following requirements apply
to all ADUs and JADUs that are approved under Subsections D1 or D2
above:
1.
Zoning. An ADU or JADU may be created on a lot in a single-family residential, mixed-use residential, or multifamily residential zone. See also Table 1, Subsection 20.12.040.
2.
Quantity. Except as provided under Subsection D1 above, no more
than one ADU or one JADU shall be allowed per lot.
3.
Fire Sprinklers. Fire sprinklers are required in an ADU if sprinklers
are required in the primary residence.
4.
Rental Term. No ADU or JADU may be rented for a term that is
shorter than 30 days.
5.
No Separate Conveyance. An ADU or JADU may be rented for 30
days or greater, but no ADU or JADU may be sold or otherwise conveyed
separately from the primary unit.
6.
Septic System. If the ADU or JADU will connect to an on-site
water treatment system, the owner must include with the application
a percolation test completed within the last five years or, if the
percolation test has been recertified, within the last 10 years.
7.
Address and Mailbox. An ADU or JADU shall obtain a separate
address from the primary unit and provide a separate mailbox from
the primary unit.
8.
Owner Occupancy.
(a)
All ADUs are exempt from any owner-occupancy requirements.
(b)
All JADUs are subject to an owner-occupancy requirement. A natural
person with legal or equitable title to the property must reside on
the property, in either the primary unit or JADU, as the person's
legal domicile and permanent residence. However, the owner-occupancy
requirement of this paragraph does not apply if the property is entirely
owned by another governmental agency, land trust, or housing organization.
9.
Deed Restriction. Prior to issuance of a building permit for
an ADU or JADU, a deed restriction must be recorded against the title
of the property in the Alameda County Recorder's office and a copy
filed with the Community Development Director. The deed restriction
must run with the land and bind all future owners. The form of the
deed restriction will be provided by the City and must provide that:
(a)
The ADU or JADU may not be sold separately from the primary
unit.
(b)
The ADU or JADU is restricted to the approved size and to other
attributes allowed by this section.
(c)
No ADU or JADU may be rented for a term that is shorter than
30 days.
(d)
The deed restriction runs with the land and may be enforced
against future property owners.
(e)
The deed restriction may be removed if the owner eliminates
the ADU or JADU, as evidenced by, for example, removal of the kitchen
facilities. To remove the deed restriction, an owner may make a written
request of the Community Development Director, providing evidence
that the ADU or JADU has in fact been eliminated. The Community Development
Director may then determine whether the evidence supports the claim
that the ADU or JADU has been eliminated. Appeal may be taken from
the Community Development Director's determination consistent with
other provisions of this Code. If the ADU or JADU is not entirely
physically removed but is only eliminated by virtue of having a necessary
component of an ADU or JADU removed, the remaining structure and improvements
must otherwise comply with applicable provisions of this Code.
(f)
The deed restriction is enforceable by the Community Development
Director or the Community Development Director's designee for the
benefit of the City. Failure of the property owner to comply with
the deed restriction may result in legal action against the property
owner, and the City is authorized to obtain any remedy available to
it at law or equity, including, but not limited to, obtaining an injunction
enjoining the use of the ADU or JADU in violation of the recorded
restrictions or abatement of the illegal unit.
10.
Impact Fees.
(a)
No impact fee is required for an ADU that is less than 750 square
feet in size.
(b)
Any impact fee that is required for an ADU that is 750 square
feet or larger in size must be charged proportionately in relation
to the square footage of the primary unit (e.g., the floor area of
the primary unit, divided by the floor area of the ADU, times the
typical fee amount charged for a new dwelling).
11.
Utility Connection and Fees.
(a)
Utility service for sewer, water, and electricity shall be provided
to the ADU or JADU. ADUs and JADUs are not required to have a new
or separate utility connection directly between the ADU or JADU and
the utility, nor is a connection fee or capacity charge required unless
the ADU or JADU is constructed with a new single-family home.
F.
Specific ADU Requirements. The following requirements apply only
to ADUs that require an ADU permit under Subsection D2 above.
1.
Maximum Size.
(a)
The maximum size of a detached or attached ADU subject to this
Subsection F is 850 square feet for a studio or one-bedroom unit and
1,000 square feet for a unit with two bedrooms. No more than two bedrooms
are allowed.
(b)
Subject to Subsection F1(c) below, an attached ADU that is created
on a lot with an existing primary unit is further limited to 50% of
the floor area of the existing primary unit.
(c)
Application of other development standards in this Subsection
F might further limit the size of the ADU, but no application of size
requirements based on percentage of the proposed or existing primary
unit, FAR, lot coverage, or open space requirements may require the
ADU to be less than 800 square feet that is at least 16 feet in height
with three-foot side and rear yard setbacks.
2.
Setbacks.
(a)
Front Yard Setback. The front yard setback shall be 15 feet,
except the R-4 District front yard setback shall be as specified in
the use permit for the primary unit.
(b)
Corner Yard Setback. For ADUs or JADUs located on corner lots
only, the exterior street-facing property line setback shall be seven
feet six inches.
(c)
Side and Rear Setbacks. The side and rear setbacks shall be
at least three feet for detached ADUs. Expansions to primary units,
solely for the creation of attached ADUs, shall also be required to
be set back at least three feet from side and rear property lines.
Side and rear yard setbacks of zero to six inches may be permitted
for detached ADUs with the additional requirement that a foundation
form certification prepared by a licensed surveyor shall be submitted
to the City for review and authorization prior to foundation pour.
3.
Floor Area Ratio (FAR). No ADU subject to this Subsection F
may cause the total FAR of the lot to exceed 55%, subject to Subsection
F1(c) above.
4.
Lot Coverage. No ADU subject to this Subsection F may cause
the total lot coverage of the lot to exceed 50%, subject to Subsection
F1(c) above.
5.
Height.
(a)
A single-story attached or detached ADU, with setbacks three
feet or greater from side and rear property lines, may not exceed
16 feet in height above grade, measured to the peak of the structure.
(b)
A single-story detached ADU with side and rear setbacks of zero
to six inches shall not exceed a wall height of nine feet with a 45°
daylight plane within three feet from the property line. Any portion
of a detached ADU, at a location of three feet or more from side and
rear property lines, shall be permitted to a maximum of 16 feet in
height.
(c)
A second-story or two-story attached ADU may not exceed the
height of the primary unit.
(d)
A detached ADU may not exceed one story.
6.
Passageway. No passageway, as defined by the definition of "passageway"
in Subsection C above, is required for an ADU. However, plans shall
indicate the path of travel to the entrance of the unit.
7.
Location on Site. ADUs shall maintain a minimum of six feet
from all structures on site if detached.
[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.
[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.
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:
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.
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.
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 (B) of the California Government Code, 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.
[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.
CANNABIS
COMMERCIAL CANNABIS ACTIVITY
CULTIVATION
CULTIVATION SITE
CULTIVATION PERSONAL USE
DELIVERY
IDENTIFICATION CARD
LIVE PLANTS
MANUFACTURER
MEDICINAL CANNABIS OR MEDICINAL CANNABIS PRODUCT
MEDICAL CANNABIS DISPENSARY
1.
2.
3.
4.
5.
PHYSICIAN'S RECOMMENDATION
PRIMARY CAREGIVER
QUALIFIED PATIENT
RECREATIONAL CANNABIS
RECREATIONAL CANNABIS DISPENSARY
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:
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.
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.
Means any activity involving the planting, growing, harvesting,
drying, curing, grading, or trimming of cannabis.
Means a location where cannabis is planted, grown, harvested,
dried, cured, graded, or trimmed, or a location where any combination
of those activities occurs.
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.
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.
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.
Means living cannabis flowers and plants, including seeds,
immature plants, and vegetative stage plants.
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.
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.
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:
A clinic licensed pursuant to Chapter 1, Division 2 of the Health and Safety Code;
A health care facility licensed pursuant to Chapter 3.01 of
Division 2 of the Health and Safety Code;
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;
A residential care facility for the elderly licensed pursuant
to Chapter 3.2 of Division 2 of the Health and Safety Code;
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.
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.
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.
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.
Means cannabis which is consumed for recreational, non-medical
consumption.
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.
[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.
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:
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.
[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.
[Ord. No. 2014-02 § 4]
See Section 20.40.070.
[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.
[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.
[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:
