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.

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

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

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

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

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

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

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

Automobile repair;

Barbershops and beauty parlors;

Clinics and hospitals; also veterinarian clinics and hospitals;

Kennels and other boarding for pets;

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;

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

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.

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.

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.

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.

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.

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:

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.

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

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

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

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

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

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

Lot with one single-family dwelling:

Lot with two or more single-family dwellings:

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

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

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

Owner Occupancy.

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

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

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

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

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

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

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

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

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

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

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

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

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.

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.

Seasonal Sales, Temporary Site.

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.

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.

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

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

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

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

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

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

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

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

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

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

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

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.

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

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;

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;

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

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.

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.

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.

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

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.

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.

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.

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:

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.

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).

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.

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

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

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

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:

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:

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

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

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.

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.

Standard Agreement.

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.

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.

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.

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.

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.

Duration of Permits and Approvals.

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.

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.

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.

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

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.

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

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.

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.

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.

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.

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

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

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.

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.

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.

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.

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

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

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

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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:

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:

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.

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

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

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

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.

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

Provide for adequate exterior security lighting.

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.

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.

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.

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.

Closet. Each SRO unit shall have a separate closet.

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.

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.

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.

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

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