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Antioch City Zoning Code

ARTICLE 38

LAND USE REGULATIONS

§ 9-5.3801 SUMMARY OF ZONING DISTRICTS.

   The following is a summary of all zoning districts. (Note: The Study District (S) is not included in the proceeding chart as the ultimate land uses for such a district are not determined until all necessary studies are completed and the appropriate land use designations can be applied.)
   RE      Rural Estate District: 0-2 du/acre
   RR      Rural Residential District: 0-2 du/acre
   R-4      Single-Family Low Density Residential District: 2-4 du/acre
   R-6      Single-Family Low Density Residential District: 4-6 du/acre
   R-10      Medium Density Residential District: 6-10 du/acre
   R-20      Medium Density Residential District: 11-20 du/acre
   R-25      High Density Residential District: 20-25 du/acre
   R-35      High Density Residential District: 30-35 du/acre
   PBC      Planned Business Center District
   C-0      Professional Office District
   C-1      Convenience Commercial District
   C-2      Neighborhood/Community Commercial District
   C-3      Regional Commercial District
   SP      Specific Plan
   MCR      Mixed Commercial/Residential District
   WF      Urban Waterfront District
   OS      Open Space/Public Use District
   M-1      Light Industrial District
   M-2      Heavy Industrial District
   H      Hospital/Medical Center Overlay District
   PD      Planned Development District
   HPD      Hillside Planned Development District
   T      Manufactured Housing Combining District
   SH      Senior Housing Overlay District
   ES      Emergency Shelter Overlay District
   S      Study District
   MUMF      Mixed Use Medical Facility District
   P      Exclusive Parking District
   CB      Cannabis Business Overlay District
         CB 1: The area designated as the Cannabis Business Overlay District prior to August 1, 2021. CB 1 allows the broadest range of cannabis businesses.
         CB 2 Downtown Antioch: The area designated as Mixed Use within the Downtown Specific Plan. CB 2 allows storefront retail only.
         CB 3 Somersville District: The area bounded by Buchanan Rd., Delta Fair Blvd., and Fairview Dr. CB 3 allows storefront retail only.
   TH      Transitional Housing Overlay District
   CIH   Commercial Infill Housing Overlay District
(Ord. 897-C-S, passed 10-25-94; Am. Ord. 922-C-S, passed 6-11-96; Am. Ord. 1064-C-S, passed 12-13-05; Am. Ord. 2072-C-S, passed 10-22-13; Am. Ord. 2089-C-S, passed 6-24-14; Am. Ord. 2143-C-S, passed 6-26-18; Am. Ord. 2158-C-S, passed 12-11-18; Am. Ord. 2199-C-S, passed 10-26-21; Am. Ord. 2208-C-S, passed 3-8-22; Am. Ord. 2211-C-S, passed 4-26-22)

§ 9-5.3802 INTRODUCTION TO LAND USE REGULATIONS.

   (A)   The charts and text in § 9-5.3803 are adopted as the city's basic land use regulations. The uses shown in this chart are divided into five groups:
      (1)   Residential;
      (2)   Public and semi-public;
      (3)   Commercial;
      (4)   Industrial; and
      (5)   Temporary uses.
   (B)   To determine in which zone a specific use is allowed:
      (1)   Find the use on the left hand side of the table.
      (2)   Read across the chart until either a number or a letter appears in one of the columns.
      (3)   If a number appears, this means that the use is allowed in the zone represented by that column, but only if certain special requirements are met. The requirements applicable to that use are listed in this article. The number appearing in the zoning column corresponds to the number of the footnote.
      (4)   If a “P” appears in the column, the use is permitted in that zone by right. If a “U” appears in the column, a use permit is required. If an “A” appears, an administrative use permit is required which can be issued by the Zoning Administrator or designated staff. If no letter or number appears in the column, then the use is not allowed in that zone.
      (5)   The Planning Commission shall interpret the appropriate zone for any land use not specifically mentioned in this chart and not similar to any use listed.
      (6)   If a specific use does not appear in the chart, contact the Community Development Department for assistance.
      (7)   In the Hillside Planned Development (HPD), Planned Development (PD), Combining (B), Manufactured Housing Combining (T), and Senior Housing Overlay (SH) Districts use permit approval is required for all uses.
      (8)   In the Mixed Use Medical Facility (MUF) District, a final development plan and use permit approval is required for all uses. Processing of final development plans and use permits in the MUMF District shall be as outlined in the Planned Development District (PD) section of this chapter.
   (C)   Legend.
   P      Permitted by right
   U      Use permit
   A      Administrative use permit
   (—)      Not allowed
   (*)      Regulations of base zoning district apply
   (1 to 29) -   See Land Use Footnotes
(Ord. 897-C-S, passed 10-25-94; Am. Ord. 1064-C-S, passed 12-13-05; Am. Ord. 2011-C-S, passed 2-26-08; Am. Ord. 2089-C-S, passed 6-24-14)

§ 9-5.3805 ACCESSORY DWELLING UNITS.

   (A)   Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Cal. Gov’t Code §§ 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 subsection (C)(7) below.
   (C)   Definitions. As used in this section, terms are defined as follows:
      (1)   ACCESSORY DWELLING UNIT or ADU means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is either 1) located on a lot with a proposed or existing primary residence, or 2) located in the IH Overlay District. An accessory dwelling unit also includes the following:
         (a)   An efficiency unit, as defined by Cal. Health and Safety Code § 17958.1; and
         (b)   A manufactured home, as defined by Cal. Health and Safety Code § 18007.
      (2)   ACCESSORY STRUCTURE means a structure that is accessory and incidental to a dwelling located on the same lot.
      (3)   COMPLETE INDEPENDENT LIVING FACILITIES means 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.
      (4)   COTTAGE means a small detached residential structure. A COTTAGE may be one detached accessory dwelling unit or two accessory dwelling units attached to one another (i.e., creating a duplex or two-family dwelling).
      (5)   COTTAGE COMMUNITY means a cluster of no fewer than three cottages (which can range from three units if each cottage is a single ADU to six units if each cottage is a two-family dwelling) that interact together as a small community and are designed with a coherent concept. COTTAGE COMMUNITIES are their own category of residential facilities and are not considered single-family or multiple-family dwellings. An existing or proposed single-family or multiple-family dwelling is not required in order to develop a cottage community.
      (6)   EFFICIENCY KITCHEN means a kitchen that includes each of the following:
         (a)   A cooking facility with appliances.
         (b)   A food preparation counter or counters that total at least 15 square feet in area.
         (c)   Food storage cabinets that total at least 30 square feet of shelf space.
      (7)   JUNIOR ACCESSORY DWELLING UNIT or JADU means a residential unit that satisfies all of the following:
         (a)   Is no more than 500 square feet in size.
         (b)   Is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.
         (c)   Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
         (d)   If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
         (e)   Includes an efficiency kitchen, as defined in subsection (C)(6) above.
      (8)   KITCHEN means any room or space within a building designed to be used or maintained for the cooking and/or preparation of food. Kitchens shall contain at least 15 square feet of food preparation counter space, 30 square feet of food storage space, a sink, a refrigerator, and either a cooktop and oven or a range.
      (9)   LIVING AREA means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
      (10)   NONCONFORMING ZONING CONDITION means a physical improvement on a property that does not conform with current zoning standards.
      (11)   PASSAGEWAY means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
      (12)   PROPOSED DWELLING means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
      (13)   PUBLIC TRANSIT means 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.
      (14)   QUALIFIED NONPROFIT CORPORATION means an entity organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Cal. Revenue and Taxation Code § 214.15 for properties intended to be sold to low-income families who participate in a special no-interest loan program.
      (15)   TANDEM PARKING means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
      (16)   TENANCY IN COMMON means a legal arrangement in which two or more parties, known as tenants in common, share ownership of real estate property or land. Each owner may control an equal or different percentages of the total property.
   (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 division (E) below, it is allowed with only a building permit in the following scenarios:
         (a)   Converted on single-family lot:One ADU and one JADU per 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.
         4.   The JADU complies with the requirements of Cal. Gov’t Code § 65852.22.
         (b)   Small 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 ADU or JADU that might otherwise be established on the lot under subsection (D)(1)(a) above), if the detached ADU satisfies the following limitations:
            1.   The side- and rear-yard setbacks are at least four feet.
            2.   The total floor area is 800 square feet or smaller.
            3.   The maximum height above grade is does not exceed the applicable height limit in division (E)(2) below.
         4.   ADUs in the front yard shall not obstruct the clear vision zones required in § 9-5.1101 unless the only physically feasible location for the ADU requires obstructing the clear vision zone.
         (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. At least one converted ADU is allowed within an existing multifamily dwelling, and up to 25 percent of the existing multifamily dwelling units may each have a converted ADU under this paragraph.
         (d)   Detached on multifamily lot: No more than two detached ADUs on a lot that has an existing multifamily dwelling if each detached ADU satisfies the following limitations:
            1.   The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
            2.   The maximum height above gradedoes not exceed the applicable height limit in division (E)(2) below.
      (2)   ADU permit.
         (a)   Except as allowed under subsection (1) above, no ADU, including a new-construction, detached ADU over 800 square feet or a new-construction attached ADU, may be created without a building permit and an ADU permit in compliance with the standards set forth in divisions (E) and (F) below.
         (b)   The ADU permit processing fee is determined by the Community Development Director and approved by the City Council by resolution.
      (3)   Cottage community permit. Multiple ADUs are allowed as cottage communities in the IH Overlay District. See § 9-5.3850, Innovative Housing Overlay District, for the applicable standards and procedures.
      (4)   Process and timing.
         (a)   ADU permits, including cottage community permits, are considered and approved ministerially, without discretionary review or a hearing.
         (b)   The city must deny or approve an application to create an ADU, JADU, or cottage community within 60 days from the date that the city receives a completed application, and in the absence of a denial or approval within 60 days, the applications will be deemed approved, unless either:
            1.   The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
            2.   In the case of an ADU or JADU and the application to create an ADU or JADU is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
         (c)   If the city denies an application to create an ADU or JADU, the city must 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 must be provided to the applicant within the 60-day time period established by division (D)(4)(b) above.
         (d)   Demolition permits for a detached garage that is to be replaced with an ADU shall be reviewed concurrently with the ADU application and issued at the same time as the ADU permit. No written notices or signs for demolition of the detached garage are required, unless the property is located within an architecturally and historically significant historic district.
   (E)   General ADU and JADU requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections (D)(1) or (D)(2) above:
      (1)   Zoning.
         (a)   An ADU or JADU subject only to a building permit under subsection (D)(1) above may be created on a lot in a residential or mixed-use zone.
         (b)   An ADU or JADU subject to an ADU permit under subsection (D)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
      (2)   Height. For the purposes of this division (E)(2), height is measured above existing legal grade to the peak of the structure.
         (a)   Except as otherwise provided by divisions (E)(2)(b) and (E)(2)(c) below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 16 feet in height.
         (b)   A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Cal. Public Resources Code § 21155, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
         (c)   A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
         (d)   An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this division (E)(2)(d) may not exceed two stories.
      (3)   Fire sprinklers. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
      (4)   Rental term. No ADU or JADU may be rented for a term that is shorter than 30 days.
      (5)   (a)   Separate conveyance. An ADU or JADU may be rented, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot), except as allowed below.
         (b)   ADUs may be sold or separately conveyed to low- or moderate-income persons and families when the ADU or primary dwelling was developed or built by a qualified nonprofit corporation and the property is part of a recorded tenancy in common agreement, pursuant to Cal. Gov’t Code § 65852.26.
      (6)   Owner occupancy.
         (a)   All ADUs created before January 1, 2020 are subject to the owner-occupancy requirement that was in place when the ADU was created.
         (b)   An ADU that is created after that date is not subject to any owner-occupancy requirement.
         (c)   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 dwelling 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.
      (7)   Building and safety.
         (a)   Must comply with building code. Subject to division (E)(7)(b) below, all ADUs and JADUs must comply with all local building code requirements.
         (b)   No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Cal. Building Code § 310, unless the building official or a code enforcement officer 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 division (E)(7)(b) 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 section.
      (8)   Parking. No parking is required for an ADU or JADU unless an ADU permit is required under subsection (D)(2) above and the ADU requires parking as described in subsection (F)(5) below.
   (F)   Specific ADU requirements for ADU permits. The following requirements apply only to ADUs that require an ADU permit under subsection (D)(2) above.
      (1)   Maximum size.
         (a)   The maximum size of a detached or attached ADU subject to this division (F) is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two bedrooms.
         (b)   An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
         (c)   Application of other development standards in this division (F) might further limit the size of the ADU, but no application of lot coverage limits or front setback requirements may require the ADU to be less than 800 square feet.
      (2)   Lot coverage. No ADU subject to this division (F) may cause the total lot coverage of the lot to exceed 60 percent, subject to division (F)(1)(c) above.
      (3)   (a)   Setbacks. The ADU must be at least four feet from rear and side property lines, at least 30 feet from the front property line, and at least 20 feet from a street-facing property line, if different from the front property line, subject to division (F)(1)(c) above.
         (b)   No setback is required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU.
      (4)   Passageway. No passageway, as defined by division (C)(11) above, is required for an ADU.
      (5)   Parking.
         (a)   Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by division (C)(15) above.
         (b)   Exceptions. No parking under division (F)(5)(a) is required in the following situations:
            1.   The ADU is located within one-half mile walking distance of public transit, as defined in division (C)(13) above.
            2.   The ADU is located within an architecturally and historically significant historic district.
            3.   The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (D)(1)(a) above.
            4.   When on-street parking permits are required but not offered to the occupant of the ADU.
            5.   When there is an established car share vehicle stop located within one block of the ADU.
            6.   When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in divisions (F)(5)(b)1. through 5. above.
         (c)   No replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
         (d)   Each unenclosed parking space shall be at least eight and a half feet wide and 18 feet long.
         (e)   Each parking space that is provided in an enclosed garage shall be at least 10 feet wide and 20 feet long and have at least seven and a half feet vertical clearance.
      (6)   Architectural requirements.
         (a)   The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
         (b)   The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
         (c)   Fencing, landscaping, or privacy glass in the windows shall be used to provide screening between the ADU and an adjoining residential property.
         (d)   All windows and doors in an ADU that are less than 30 feet from a property line that is not a right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
   (G)   Specific requirements for cottage communities. See § 9-5.3850, Innovative Housing Overlay District, for standards regarding ADUs in cottage communities.
   (H)   Fees. The following requirements apply to all ADUs and JADUs that are approved under divisions (D)(1),(D)(2), or (D)(3) above.
      (1)   Impact fees.
         (a)   No impact fee is required for an ADU or JADU, including an ADU in a cottage community, that is less than 750 square feet in size.
         (b)   1.   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 dwelling unit per the requirements of § 9-3.60. IMPACT FEE here does not include any connection fee or capacity charge for water or sewer service.
            2.   In the case of cottage communities, proportionality is defined in § 9-5.3850(K).
      (2)   Utility fees.
         (a)   If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
         (b)   Except as described in division (H)(2)(a), converted ADUs and JADUs on a single-family lot, created under subsection (D)(1)(a) above, 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.
         (c)   Except as described in division (H)(2)(a), all ADUs that are not covered by division (H)(2)(b) require a new, separate utility connection directly between the ADU and the utility.
            1.   The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
            2.   The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.
   (I)   Nonconforming zoning code conditions, building code violations, and unpermitted structures.
      (1)   Generally. 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.
      (2)   Unpermitted ADUs constructed before 2018.
         (a)   Permit to legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
            1.   The ADU violates application building standards; or
            2.   The ADU does not comply with the state ADU law (Cal. Gov’t Code § 65852.2) or this ADU section (§ 9-5.3805).
         (b)   Exceptions.
            1.   Notwithstanding division (I)(2)(a) above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
            2.   Division (I)(2)(a) above does not apply to a building that is deemed to be substandard in accordance with Cal. Health and Safety Code § 17920.3.
(Ord. 2180-C-S, passed 3-10-20; Am. Ord. 2235-C-S, passed 11-28-2023) Penalty, see § 9-5.2904

§ 9-5.3806 HELIPORTS.

   Heliports shall be allowed with a use permit and heliport permit from CALTRANS, Division of Aero-nautics, and must be located more than 1,000 feet from residentially-zoned properties and/or the site of a public or private school. Heliports to serve hospitals are exempt from the 1,000 feet requirement, but are required to obtain a use permit from the city.
(Ord. 897-C-S, passed 10-25-94) Penalty, see § 9-5.2904

§ 9-5.3807 ANTENNAS AND MICROWAVE EQUIPMENT.

   (A)   Administrative use permit. An administrative use permit shall be required for the installation of amateur radio antennas, a satellite, or microwave receiving antenna, and a use permit shall be required for the installation of microwave transmitting and relay equipment.
   (B)   Antenna location.
      (1)   In any commercial, industrial, or multi-family residential district, satellite television antennae are subject to Design Review Board approval and require a building permit. The Design Review Board shall review applications with the intent of screening antennae from public view.
      (2)   In a single-family residential district, satellite television antennae shall be located only in the rear yard of any lot provided a five foot setback from the rear property line is maintained. If a usable satellite signal cannot be obtained from such rear yard, the antenna may be located in the side yard provided a three foot setback from the side property line is maintained. Any antenna placed in a side yard shall be shielded from the view of a public street by fencing or appropriate landscaping. A building permit shall be obtained prior to any antenna installation. If a usable satellite signal cannot be obtained from the rear or side yard such antenna may be placed on the roof of the dwelling if a television or antenna technician certifies in writing the reasons why a usable satellite signal cannot be otherwise obtained. Any satellite television antenna mounted on the roof shall be of a color compatible with the roof material so as to reduce visual impact from surrounding properties and from public streets. If the placement of the antenna in the side yard would be more obtrusive to neighbors than placement on the roof, then a roof-mounted installation may be approved by the Building Official, even though a usable signal may be obtainable from the side yard.
   (C)   Antenna size.
      (1)   Satellite television antennae placed in single-family residential districts shall not exceed 12 feet in height, including any platform or structure upon which such antennae are mounted or affixed, and shall not cause the building height with antenna to exceed 35 feet if the antenna is roof mounted.
      (2)   Only one satellite television antenna shall be allowed on any lot of less than one-half acre in size, unless a second antenna is of such a small size as to be unobtrusive, as determined by the Building Official.
      (3)   All antennae and the construction and installation thereof shall conform to applicable Building and Electrical Code regulations and requirements.
      (4)   Antennae shall meet all manufacturers' specifications, be of noncombustible and corrosive- resistant material, and be erected in a secure, wind-resistant manner. Every antenna shall be adequately grounded for protection against direct strikes of lightning.
   (D)   Other regulations.
      (1)   Neither this article, nor the issuance of any permit pursuant to this article, shall supersede state or federal regulations pertaining to satellite television antennae, and the issuance of any permit shall not imply that the receipt of signals from satellites by such antennae is authorized by state or federal law.
      (2)   Neither this article nor the issuance of any permit pursuant to this article, shall supersede private deed restrictions or covenants which may prohibit the installation of such antennae.
   (E)   Other antennae.
      (1)   This article does not differentiate between satellite receiving dishes and other types of antennae. In situations where traditional television antennae are allowed and not prohibited by deed restriction, they shall conform to the height restrictions set forth in this article.
(Ord. 897-C-S, passed 10-25-94) Penalty, see § 9-5.2904

§ 9-5.3808 ADULT ENTERTAINMENT BUSINESSES.

   (A)   Adult entertainment businesses shall be allowed with the issuance of a use permit as specified in this section.
   (B)   Adult entertainment businesses shall not be permitted within 1,500 feet of any other adult entertainment business or within 1,500 feet of any public or private school, park, or church. This distance shall be a radial distance measured from property line to property line.
   (C)   Notwithstanding the above standards, an adult entertainment business may be located in a retail shopping center where the store frontage is upon an enclosed mall, or in shopping malls isolated from direct views from public streets, schools, parks or churches.
   (D)   Any adult business shall comply with all other ordinances and codes, parking and signage requirements.
   (E)   No exterior sign for an adult entertainment business shall contain the words “adult books,” “X-rated,” “topless,” “bottomless,” “nude,” “go-go,” or words of similar context. No exterior sign may contain a depiction of any specified anatomical areas.
   (F)   Adult entertainment businesses featuring live performances shall provide a minimum of one uniformed security officer on premises for each 50 patrons in attendance. There shall be at least two uniformed security officers on duty whenever the business is open, irrespective of the number of customers, one such officer in duty inside the premises, and one such officer on duty in the business-parking facility and exterior proximity.
   (G)   The operator of any adult entertainment business shall provide such exterior lighting and parking lot lighting of at least 1.0 to 2.0 foot candles with a uniformity ratio (average illumination divided by the lowest level) not more than 6:1.
   (H)   Notwithstanding whether the operator of an adult entertainment business sells or dispenses alcoholic beverages, all of the regulations promulgated by the Department of Alcoholic Beverage Control (except those restricted by § 5-18.01 of this code) at §§ 143.2, 143.3 and 143.4 shall be made conditions of the use permit, as applicable.
   (I)   Parking for adult entertainment businesses shall be provided in front of the business, or in a manner which has primary visibility from a public street.
(Ord. 897-C-S, passed 10-25-94) Penalty, see § 9-5.2904

§ 9-5.3808.1 ADULT BOUTIQUES.

   (A)   Adult boutiques shall be allowed with the issuance of a use permit as specified in this section.
   (B)   Adult boutiques shall not be permitted within 1500 feet of any other adult boutique or adult entertainment business, or within 1500 feet of any public or private school, park or church. This distance shall be a radial distance measured from property line to property line.
   (C)   Notwithstanding the above standards, an adult boutique may be located in a retail shopping center where the store frontage is upon an enclosed mall, or in shopping malls isolated from direct views from public streets, parks, schools or churches.
   (D)   Any adult boutique shall comply with all other ordinances and codes, parking and signage requirements.
   (E)   No exterior sign for an adult boutique shall contain the words "X-rated", "topless", "bottomless", "nude", "go-go" or words of similar context. No exterior sign may contain a depiction of any specified anatomical areas.
   (F)   The operator of any adult boutique shall provide such exterior lighting and parking lot lighting of at least 1.0 to 2.0 foot candles with a uniformity ratio (average illumination divided by the lowest level) not more than 6:1.
   (G)   Parking for adult boutiques shall be provided in front of the business, or in a manner which has primary visibility from a public street or parking lot fronting on a public street.
(Ord. 1062-C-S, passed 11-8-05)

§ 9-5.3809 AGRICULTURAL USES.

   Pre-existing agricultural uses can be continued and not expanded. Employee housing for agricultural uses is also permitted in zones where pre-existing agricultural uses are allowed subject to § 9-5.3851, Employee Housing, of this article.
(Ord. 897-C-S, passed 10-25-94; Am. Ord. 2243-C-S, passed 12-10-2024) Penalty, see § 9-5.2904

§ 9-5.3810 BOAT, R.V., AND OUTDOOR STORAGE.

   (A)   Permanent operations featuring boat, R.V. and outdoor storage requires a minimum eight foot high solid screen fence.
   (B)   Within permanent operations featuring boat, recreational vehicle and outdoor storage, stacked storage of boats or other items stored outdoors shall be permitted to be stacked to a maximum height of ten feet. An additional one foot of stacking height may be permitted for each additional one foot that perimeter setbacks greater than 20 feet are maintained.
(Ord. 897-C-S, passed 10-25-94; Am. Ord. 1064-C-S, passed 12-13-05) Penalty, see § 9-5.2904

§ 9-5.3811 REVERSE VENDING MACHINES.

   Reverse vending machines:
   (A)   Shall require no additional parking spaces for recycling customers, however, machines shall not occupy any existing parking spaces;
   (B)   Shall be established at an existing commercial or industrial use or community service facility;
   (C)   Shall be located adjacent to the building and as close as practical to the entrances/exits of the building and shall not obstruct pedestrian or vehicular circulation;
   (D)   Shall occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height;
   (E)   Shall be constructed and maintained with durable waterproof and rustproof materials;
   (F)   Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and telephone number of the operator or responsible person to call if the machine is inoperative;
   (G)   Shall have a sign area of a maximum of four square feet per machine, exclusive of operating instructions;
   (H)   Shall be maintained in a clean, litter-free condition on a daily basis;
   (I)   Shall have operating hours at least the same as the host use; and
   (J)   Shall be illuminated to ensure safe use if operating between dusk and dawn.
(Ord. 897-C-S, passed 10-25-94) Penalty, see § 9-5.2904

§ 9-5.3812 SMALL COLLECTION FACILITIES.

   Small collection facilities:
   (A)   Shall be no larger than 500 square feet in total area and occupy no required parking space. If the Zoning Administrator determines that required parking spaces must be used, then not more than five such spaces may be occupied and must be at the farthest distance possible from the host use;
   (B)   Shall be set back at least 20 feet from any street line and shall not obstruct pedestrian or vehicular circulation nor create any sight distance problem;
   (C)   Shall accept only glass, metals, plastic containers, papers, or personal property;
   (D)   Shall use no power-driven processing equipment, except for reverse vending machines;
   (E)   Shall use containers which are constructed and maintained with durable waterproof and rustproof materials, covered when the site is not attended, secured from unauthorized entry or removal of materials, and of sufficient capacity to accommodate materials collected on the collection schedule;
   (F)   Shall store all collected materials in containers or in the mobile unit vehicle and shall not leave materials outside of containers when an attendant is not present;
   (G)   Shall be maintained free of litter. Mobile facilities at which the truck or containers are removed at the end of each collection shall be swept daily;
   (H)   Shall (if attended facilities) operate only during the hours between 9:00 a.m. and 7:00 p.m. if located within 100 feet of a residential zone or use;
   (I)   Shall locate containers for the 24 hour donation of materials at least 300 feet from any property zoned for occupancy by a residential use;
   (J)   Shall feature clearly marked containers which identify the type of materials which may be deposited; and the facility shall be clearly marked to identity the name and telephone number of the operator and the hours of operation and display a notice stating that no material shall be left outside of the recycling enclosure or containers;
   (K)   Shall feature identification signs not larger than 16 square feet, not counting the informational signs required by this section. Directional signs, bearing no advertising, may be installed with the approval of the Zoning Administrator if necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way;
   (L)   Shall not impair the landscaping of the host use; and
   (M)    Shall not reduce parking spaces below the minimum number required for the primary use unless the facility is located in a convenience zone or potential convenience zone as designated by the State Department of Conservation. A reduction in available parking spaces may then be allowed as follows:
 
Number of Available Spaces
Maximum Reduction
0-25
0
26-35
2
36-49
3
50-99
4
100+
5
 
(Ord. 897-C-S, passed 10-25-94; Am. Ord. 2140-C-S, passed 3-27-18) Penalty, see § 9-5.2904

§ 9-5.3813 LARGE COLLECTION FACILITIES.

   Large collection facilities:
   (A)   Shall not abut a property zoned or designated for, or occupied by a residential use;
   (B)   Shall be screened from the public right-of-way by operating in an enclosed building, or within an area enclosed by an opaque fence or wall at least six feet in height with exterior landscaping. Such a building or area shall be at least 150 feet from property zoned or designated for, or occupied by a residential use and shall meet all applicable noise standards.
   (C)   Shall comply with the setback and landscape requirements for the zoning district;
   (D)   Shall feature storage in sturdy containers which are covered, secured, and maintained in good condition. Containers for flammable materials shall be constructed of nonflammable materials. Oil storage containers shall be approved by the Fire Department. No storage shall be visible above the height of the fencing;
   (E)   Shall be free of litter and shall be cleaned of loose debris on a daily basis;
   (F)   Shall provide space for at least six vehicles to circulate and deposit materials;
   (G)   Shall provide one parking space for each commercial vehicle operated by the facility with other customer and employee parking as specified by the zoning district;
   (H)   Shall not operate between 7:00 p.m. and 7:00 a.m. if located within 500 feet of property zoned or designated for or occupied by a residential use; and
   (I)   Shall comply with the requirements for signing and cleanliness as specified for small collection facilities. Additional signage shall be as provided for the zoning district in which the facility is located.
(Ord. 897-C-S, passed 10-25-94) Penalty, see § 9-5.2904

§ 9-5.3814 HEAVY PROCESSING FACILITIES.

   Heavy processing facilities:
   (A)   Shall not abut property zoned, designated, or occupied by residential uses;
   (B)   Shall meet the minimum requirements for large collections facilities as set forth in the above footnote;
   (C)   May feature power-driven processing only if noise level requirements are met;
   (D)   May accept used motor oil and other household hazardous substances for recycling in accordance with Cal. Health and Safety Code § 25250.11;
   (E)   Shall provide space for the anticipated peak load of customers to circulate, park, and deposit materials. If open to the public, space shall be provided for a minimum of 10 customers or the peak load, whichever is higher; and
   (F)   Shall create no dust, fumes, smoke, vibration, or odors above ambient levels detectable to neighboring properties.
(Ord. 897-C-S, passed 10-25-94) Penalty, see § 9-5.2904

§ 9-5.3815 AUTOMOBILE SERVICE STATIONS.

   These shall require use permits in all indicated districts and shall comply with the following standards:
   (A)   General requirements.
      (1)   Service stations in existence prior to April 22, 1970, which have been damaged or partially destroyed, or which shall be added to or altered by any means to the extent of more than $1,000 in any one year, may be occupied or used except in conformity with the provisions of this chapter unless such compliance is waived in whole or in part by the Commission as constituting an unnecessary hardship. In cases of emergency or where modifications to maintain service station operations are necessary, the damage may be replaced with Commission approval.
      (2)   If a once operating service station remains closed for a period of 180 consecutive days, the use permit therefor shall expire and be null and void, and any subsequent use of the land for a service station shall be subject to the issuance of a new use permit in conformity with the provisions of this code, unless waived by the Commission.
      (3)   Existing service stations may add a food mart provided that a new use permit is obtained and all of the requirements of this chapter are met (including minimum lot size requirements). Retail sales of alcoholic beverages are strictly prohibited. The maximum retail sales area for a food mart facility shall be 1400 square feet. Offices and restrooms shall not count toward this requirement.
   (B)   Site requirements.
      (1)   No service station shall be constructed or operated on a lot having a depth or width less than 150 feet.
      (2)   No service station shall be constructed or operated on a lot having less than 22,500 square feet in area. When combined with a food mart facility, service stations shall meet a minimum lot size requirement of 28,750 square feet. Additional area shall be required if combined with a towing service.
      (3)   No service station building shall be located nearer than 35 feet from any street property line. Such setback shall be measured at the building foundation.
      (4)   No canopy shall be closer than five feet to any interior property line or 20 feet to any street property line.
      (5)   No gasoline pump or facility for dispensing gasoline, and no pump island in which the same is or may be located, shall be nearer than 20 feet from any property line nor nearer than 35 feet from any parking space, and no pump island, pump, or facility for dispensing gasoline shall be located on a residential street frontage serving as a secondary access to the service station site.
      (6)   All outdoor storage shall be screened as provided for in this chapter, however, a display rack for automobile products no more than four feet wide may be maintained at each pump island of a service station. If display racks are not located on pump islands, they shall be placed within three feet of the principal building, and shall be limited to one per street frontage. The storage of inoperative vehicles is prohibited. The location of display racks and vending machines shall be specified by the use permit.
      (7)   Gas tank vent pipes shall be incorporated into the structures and concealed from public view.
   (C)   Site development standards.
      (1)   If a lot upon which a service station is constructed or maintained abuts a lot classified or zoned as a residential use, a six foot high solid masonry wall shall be constructed along the full length of each property line abutting property thus classified or zoned for residential use; provided, however, such wall height shall be reduced to three feet adjacent to the front yard of each adjacent residential property.
      (2)   All rest room entrances, unless interior to a station building, shall be screened from the view of all adjacent properties and streets by means of decorative screens six feet in height. The bottom of such screens shall be raised no less than 12 inches and no more than 18 inches above the finished grade for visibility and ventilation.
      (3)   All outside trash, garbage, refuse, and other storage areas shall be enclosed by a gated, masonry structure not less than six feet in height, 10 feet in width (outside dimension), and 10 feet in length (outside dimension). Openings to such trash enclosures shall be designed so as to prevent a view of trash or materials stored from the street or adjacent properties. Provisions for adequate vehicular access for the collection of such trash or materials shall be provided to and from such areas.
      (4)   Provisions shall be made in the area where Class I flammable liquids may be spilled to prevent liquids from flowing into the interior of service station buildings. Such provisions may include grading driveways, raising door sills, or other equally effective means. Crankcase drainings and flammable liquids shall not be dumped into sewers but shall be stored in tanks or tight drums outside buildings until removed from the premises by a licensed disposal company.
      (5)   Tanks installed for crankcase drainings shall be installed in accordance with the requirements for flammable liquid storage. In addition thereto, drainage lines terminating inside a building shall be equipped with a suitable trap or check valve.
      (6)   Service stations constructed in areas that are predominantly of residential character shall be designed to maintain a residential atmosphere.
      (7)   A water and air supply station is required. It shall be located out of traffic flow areas and be shielded so to not create noise audible to nearby residential land uses and shall be kept in working condition.
   (D)   Landscaping standards. Every lot or parcel of land upon which a service station is constructed or maintained shall be landscaped. Such landscaping shall conform to the following:
      (1)   Planters shall be installed and maintained adjacent to every street frontage for the full length thereof except for driveways. The street frontage landscaping shall be bermed to be of sufficient height to screen the pump islands from passing motorists.
      (2)   A planting area shall be installed and maintained at the intersection of property lines at a street corner to conform with the radius of such corner; provided, however, at no time shall such planting area be less than 150 square feet. All plants shall respect the visibility triangle provided for in this article.
      (3)   All planting areas shall be separated from adjacent asphalt paving by concrete curbing at least six inches in height.
      (4)   Planters shall comply with the parking lot landscaping requirements of this article.
      (5)   All plants in any planter adjacent to a perimeter wall shall, when required by the Planning Commission, be of a variety capable of growing to the height of such wall.
      (6)   Permanent underground sprinkler systems shall be installed and maintained for every landscaped area, and all such landscaped areas shall be planted and maintained in a clean and workman-like manner.
   (E)   Surface drainage. Flow lines shall be shown on all service station plans. Sheet flow shall not be permitted across property lines. Surface runoff shall be carried under sidewalks into the gutter or other drainage facility by means of a drainage structure approved by the City Engineer.
   (F)   Utilities. All utilities, including electrical, telephone, C.A.T.V., and similar service wires or cables which provide direct service to the property occupied by an automobile service station, shall, within the exterior boundaries of the station property, be installed underground. Related electrical equipment, such as, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes, and meter cabinets, may be placed above ground if they are enclosed and screened by landscaping as appropriate.
   (G)   Equipment. All hydraulic hoists and pits and all equipment for lubrication, greasing, auto-mobile washing, and permitted repairs shall be enclosed entirely within a building.
   (H)   Exterior lighting. An exterior lighting shall be so arranged and shielded as to prevent any glare or reflection upon and cause any nuisance, inconvenience, or hazardous interference of any kind with adjoining streets or properties.
   (I)   Architectural control. All exterior walls should be constructed of rock, brick, stucco, wood, treated metal, or any combination thereof. All exterior elevations shall be compatible in design with adjacent structures. Service bays should be oriented to have minimal visibility from adjacent roadways. Gas stations within shopping centers/business parks or similar complexes shall be designed to reflect the architectural theme of the complex. Signage and exterior elevations shall be subject to review and approval by the Design Review Board.
   (J)   Access, parking and circulation.
      (1)   No such site shall have more than two driveways or means of access to any one street.
      (2)   Each driveway shall be separated from adjacent residential property by a full height curb extending at least five feet in length from the residential property line.
      (3)   No driveway shall exceed a width of 20 feet at the sidewalk, including X distance.
      (4)   No driveway shall be permitted to encroach onto the return or curve of a street corner. A distance of 20 feet, or more if needed for vehicle stacking distance, shall be maintained between the return point and the beginning of the driveway depression.
      (5)   Every service station site shall have access to a collector or arterial standard street.
      (6)   All deliveries shall be made on the service station site itself.
      (7)   If a towing service is combined with a service station, a storage area completely screened from public view, by a six foot high screen, shall be provided at the rear of the site. The size of the storage area, and extent of screening, shall be deter-mined through the use permit process. This area shall be added to the minimum lot size requirement.
      (8)   No vehicles, trailers, or campers on any service station premises may be advertised or offered for sale. No vehicle shall be parked on a service station site other than tow trucks and other vehicles used in the conduct of the service station business, vehicles of employees used for trans-portation to and from work on the premises, vehicles of persons conducting business on the service station site while conducting such business, and vehicles of customers either awaiting service thereon or while being serviced or which have been serviced on the premises and are awaiting delivery to or pickup by the owner thereof.
(Ord. 897-C-S, passed 10-25-94) Penalty, see § 9-5.2904

§ 9-5.3816 MECHANICAL OR ELECTRONIC GAMES.

   These are subject to the following regulations:
   (A)   Any proprietor owning or operating a business lawfully in existence on August 26, 1982, shall be deemed to have been issued a permit pursuant to this article, provided such proprietor, within 30 calendar days after said date, submits on a form prescribed by the City Manager a record of information on such existing business. No filing fee or permit fee shall be payable therefor. The provisions of this section shall apply to subsequent proprietors at the same location.
   (B)   Machines may be replaced without a change in such permit. In the event machines are added after August 26, 1982, to total more than three machines for the establishment, a use permit will be required under the provisions of this article.
   (C)   It shall be unlawful for any proprietor to install, operate, or maintain to be operated any mechanical or electronic game without first having obtained a use permit. The permit shall be con-spicuously posted at the location of the games in the premises and shall not be removed during the period for which the license was issued. In cases where the mechanical or electronic games occupy more than 50% of the premises' customer floor space, or account for 50% or more of the premises' gross revenue, or where 10 or more such games are proposed, the use permit shall be referred to the Council for final approval pursuant to the provisions of this article. The use permit shall state the number of games, and the use of additional games shall require a new or modified use permit.
   (D)   No operator shall install or allow any mechanical or electronic game to be installed in any proprietor's place of business which game requires a permit as provided for in this article unless such proprietor has been issued such permit.
   (E)   Applicants for use permits shall undergo a background check by the Police Department. The permit may be denied if the applicant has been convicted of a crime which has relevance to the operation of the premises.
   (F)   No such use permit shall apply to any premises other than the location originally approved. Upon change of ownership, the new owner shall receive clearance from the Police Department; however, no other use permit proceedings shall be required for such transfer if the new owner received police clearance.
   (G)   The permit provided for in this article may be revoked or suspended as provided for in this chapter. In addition, the violation of any provision of this article shall be grounds for revocation or suspension.
   (H)   The following shall be considered as standard use permit conditions which can be used as the basis for use permit revocation or suspension:
      (1)   There shall be adult supervision during the hours of operation.
      (2)   There shall be no minors consuming alcohol on the premises.
      (3)   There shall be no use, sale, exchange, or presence of drugs or other illegal substances on the premises.
      (4)   Patrons shall not become a nuisance to the properties within the immediate vicinity.
   (I)   It shall be unlawful for any proprietor of a mechanical or electronic game to cause, permit, or allow such game to be located, operated, or main-tained to be operated within 1,000 feet of the nearest street entrance to or exit from any public playground or public or private school of elementary or high school grades, such distance to be measured from such entrance or exit in the most direct line or route on, along, or across such street or streets adjacent to such public playground or public or private school of elementary or high school grade. The restrictions established by this section shall not apply to businesses lawfully in existence and operating on August 26, 1982.
   (J)   It shall be unlawful for any proprietor or employee to allow any minor under 18 years of age to play or use any such games during the academic year for public schools in the city, except during school holidays and on Saturdays and Sundays, and between the hours of 7:00 a.m. and 10:00 p.m. on all days preceding school days and between 7:00 a.m. and 11:00 p.m. on all other days.
   (K)   This article shall not apply to the following:
      (1)   Any operation involving three or fewer mechanical or electronic games, except where such games provide the main or primary source of income for the proprietor thereof;
      (2)   The operation or maintenance of such games within recreational enterprises, such as bowling alleys or poolrooms, where a use permit has already been obtained; and
      (3)   Premises or operations licensed by the Department of Alcoholic Beverage Control of the State for on-sale consumption of alcoholic beverages, excepting therefrom any such premises or operations which lawfully permit minors, such as bona fide public eating places.
(Ord. 897-C-S, passed 10-25-94) Penalty, see § 9-5.2904

§ 9-5.3817 SMALL AND LARGE FAMILY DAY CARE HOMES.

   (A)   The use of a dwelling as a small or large family day care home shall be considered a residential use of property. No business license fee or tax shall be imposed by the city for the privilege of operating a small family or large family day care home. Also, such use of a residence shall not constitute a change of occupancy for the purposes of the State Housing Law and the Uniform Building Code.
   (B)   Small and large family day care homes shall comply with all building code standards, standards established by the State Fire Marshal, and state licensing requirements.
(Ord. 897-C-S, passed 10-25-94; Am. Ord. 2178-C-S, passed 1-28-20) Penalty, see § 9-5.2904

§ 9-5.3819 BED AND BREAKFAST INNS.

   (A)   The bed and breakfast inn will be operated by a property owner living on the premises.
   (B)   The bed and breakfast inn conforms to the design and development standards below and is compatible with adjacent buildings in terms of building materials, colors and exterior finishes. Inns requiring conversion of existing structures shall maintain existing elevations to the extent feasible.
   (C)   Public and utility services including emergency access are adequate to serve the maximum number of occupants proposed.
   (D)   No more than six rooms shall be rented for lodging and each shall be rented for no more than 14 consecutive days.
   (E)   No internal illumination of any signage from an interior light source shall be permitted and all signs shall be subject to Design Review Board approval.
(Ord. 897-C-S, passed 10-25-94) Penalty, see § 9-5.2904

§ 9-5.3821 TEMPORARY CONSTRUCTION BUILDINGS AND USES.

   Temporary buildings and uses for construction purposes may be permitted for periods not exceeding one year provided an administrative use permit and a building permit shall first be secured and the Building Official has provided for the subsequent removal thereof.
(Ord. 897-C-S, passed 10-25-94) Penalty, see § 9-5.2904

§ 9-5.3822 REMOVAL OF EARTH.

   An administrative use permit shall be obtained for the removal of minerals, earth and other natural materials in excess of 200 cubic yards where no building permit has been issued.
(Ord. 897-C-S, passed 10-25-94) Penalty, see § 9-5.2904

§ 9-5.3823 SIDEWALK CAFE; OUTDOOR FOOD SERVICE.

   (A)   Sidewalk cafe and outdoor food service accessory to an eating and dining establishment shall be permitted subject to approval of a use permit by the Zoning Administrator.
   (B)   Litter control. Fast food establishments and restaurants featuring outdoor dining shall be required to pick up and properly dispose of trash which originates from such facility and is deposited off-site within a 400 foot radius of the property. A litter control plan outlining how this shall be accomplished shall be submitted with any use permit application.
(Ord. 897-C-S, passed 10-25-94) Penalty, see § 9-5.2904

§ 9-5.3824 NURSERIES; HORTICULTURE.

   Outdoor display shall be limited to plants only.
(Ord. 897-C-S, passed 10-25-94) Penalty, see § 9-5.2904

§ 9-5.3825 VEHICLE EQUIPMENT SALES AND RENTALS.

   Outdoors display shall be limited to vehicles or equipment offered for sale or rental only.
(Ord. 897-C-S, passed 10-25-94) Penalty, see § 9-5.2904

§ 9-5.3826 HAZARDOUS WASTE FACILITY.

   (A)   Permits required. No person shall permit the placement, construction, or operation of any hazardous material facility without first obtaining the proper permits pursuant to the provisions set forth in this section and as otherwise specified in the municipal code. Facilities may be permitted as follows:
      (1)   Hazardous material generators. Large generators shall be allowed only by use permit in areas zoned “Heavy Industrial District (M-2)” or “Planned Development (PD)” and designated “Heavy Industrial” on the General Plan. Small generators shall be allowed by use permit within specific commercial (C-1, C-2, C-3, C-4, MCR) or industrial (M-1, M-2), or Planned Development (PD) zoning districts or as otherwise specified by this code. Medical facilities and any other uses generating infectious wastes shall be permitted in those districts and in the manner specified by this code and must provide evidence that such wastes will be collected and disposed of by a certified handler.
      (2)   Hazardous waste processors and residual repositories. All processors and residual repositories shall be allowed only by use permit in areas zoned “Heavy Industrial District (M-2)” or “Planned Development (PD)” and designated “Heavy Industrial” on the General Plan. Proposed hazardous waste processors treating materials similar to those treated at an existing facility within Contra Costa County shall be discouraged, unless the need for such a facility can be strongly demonstrated. In conjunction with the city's use permit application process, processors other than approved household hazardous waste collection centers must undergo the approval/appeal procedure outlined in Cal. Health and Safety Code § 25199, which is as follows:
         (a)   A Notice of Intent (NOI) is filed by the applicant with the State Office of Planning and Research (OPR) and the city at least 90 days before a formal use permit application is made with the city. Once notified, the city will meet with the applicant as soon as possible to discuss the proposal;
         (b)   A local public informational meeting to discuss the proposal is held by the OPR within 90 days of the NOI filing;
         (c)   The City Council appoints a seven member Local Assessment Committee (LAC) to advise of terms and conditions under which the project may be acceptable. Individuals in the LAC shall have no direct financial interest in the proposed facility and its membership shall be broadly constituted to reflect the makeup of the community. Its membership shall include three representatives of the community at large, two representatives of environmental or public interest groups, and two representatives of affected businesses and industries. A consultant may be hired to assist the LAC if necessary, with costs to be borne by the applicant;
         (d)   A formal use permit application for the project is received by the city within 90 days of the NOI filing and the city notifies OPR of the application's completeness within 10 days;
         (e)   An environmental assessment of the project is conducted and a Negative Declaration issued or an Environmental Impact Report performed;
         (f)   OPR holds a local public meeting to determine the issues related to the proposal within 60 days of learning that the use permit application is complete;
         (g)   A meeting is subsequently held between the LAC and the applicant to discuss the conditions required to make the project acceptable;
         (h)   All properties within one mile of a proposed hazardous waste facility are duly notified of all public hearings pertaining to the proposal;
         (i)   The use permit application is considered by the Planning Commission, with appropriate conditions attached to the permit if approved;
         (j)   If the permit is disapproved or the applicant questions the imposition of one or more of the conditions of approval, the appeal is heard by the City Council;
         (k)    Once final city action is taken on the application, the applicant or any interested party may appeal the city's decision to an appeal board convened by the Governor or his designee. If the appeal is successful, the city then has 60 days from the issuance date of the appeal board's written decision to reconsider the application and approve the proposal subject to the terms of that written decision.
      (3)   Household hazardous waste facilities. Collection points for household hazardous wastes may be allowed in “Light Industrial (M-1)” or “Heavy Industrial (M-2)” Districts with a use permit.
   (B)   Criteria and standards. The Planning Commission or Zoning Administrator, when considering a use permit application for a hazardous material facility, shall have the ability to relax or impose stricter standards than those set forth in this section upon finding that such modifications are reasonably necessary to implement the general intent of this section and the purposes of this chapter.
      (1)   General standards.
         (a)   All facilities must have engineered structural design features, to include spill containment and monitoring devices.
         (b)   Underground storage of hazardous materials is preferred, unless project review proves this unfeasible.
         (c)   Water, sewer, and emergency services must be available to all hazardous material facilities. Properties located within the city's Sphere of Influence must first annex to the city and agree to participate in all applicable assessment districts before necessary utilities can be provided.
         (d)   Facilities must be designed to minimize any additional noise impacts on surrounding areas.
         (e)   Hazardous material storage areas should be located as far as possible from electric transmission lines in order to minimize the chances of interaction between the two.
         (f)   Facilities shall be located in areas with immediate access to a city-approved Hazardous Material Carrier Route.
         (g)   Processors shall be located close to waste generation sources to minimize the need for waste transportation.
         (h)   The reduction of hazardous wastes at the source shall be preferred, with the on-site processing of generated wastes encouraged over the transport and disposal of wastes off-site.
      (2)   Large hazardous material generators and all hazardous waste processors other than approved household hazardous waste collection centers shall not be located:
         (a)   Within 200 feet of a recognized earthquake fault;
         (b)   Within wetland areas, such as marshes, swamps, and bogs;
         (c)   On prime agricultural lands, unless an overriding public need is served and the facility cannot be better located on an alternate site;
         (d)   Within recreational, cultural, historic, aesthetic, or otherwise significant areas;
         (e)   In such a manner as to preclude extraction of minerals necessary to the state economy;
         (f)   Within the watershed of existing or proposed drinking water reservoirs or near temporary or permanent sources of drifting water;
         (g)   Within critical habitat areas;
         (h)   Within areas with unstable soils, unless engineered design features are incorporated which assure structural stability;
         (i)   Within non-attainment areas or Prevention of Significant Deterioration areas unless Risk Assessments show that emissions will not significantly contribute to the non-attainment of air quality standards, that such emissions can be miti-gated, and that emissions are significantly less than those associated with the transportation of hazardous waste out of the area;
         (j)   Within high groundwater areas, within the 100-year flood plain or near any bodies of water unless the engineered design of the containment structure can withstand geologic or soil failure events; and
         (k)   Within 2,000 feet of any existing or future immobile population, such as residences, schools, or hospitals, unless a Risk Assessment study shows that a greater distance is necessary. This buffer zone shall be permanently maintained upon establishment of the facility.
      (3)   In addition to the applicable siting criteria listed above the following criteria shall also apply to residual repositories:
         (a)   Facilities shall in no case be located within areas subject to 100-year flood events;
         (b)   Areas known or suspected to be supplying principal recharge to a regional aquifer shall not be considered;
         (c)   Repositories must conform to all State Water Resource Control Board regulations concerning permeable strata and soils and ground-water areas; and
         (d)   Residual repositories may be located at greater distances from waste generation sources due to their need for larger land areas.
      (4)   In addition to the findings required for use permit approval, the following findings must also be made for hazardous materials facilities:
         (a)   That the facility is in conformance with all applicable siting criteria listed in the city's Hazardous Material Ordinance and all applicable federal, state and local regulations;
         (b)   That sufficient evidence has been presented that the facility will be operated using the best feasible hazardous material management tech-nologies;
         (c)   That alternative locations for the project have been adequately considered and the location selected is the most suitable; and
         (d)   That all significant environmental impacts associated with the project have been con-sidered and will be adequately addressed.
      (5)   For hazardous waste processors, the following findings must also be made:
         (a)   That the need for the proposed hazardous waste facility has been adequately demonstrated; and
         (b)   That any conditions recommended by the project's Local Assessment Committee were considered and those applicable were attached to the use permit approval for the facility.
      (6)   New pipelines and other channels carrying hazardous materials shall avoid existing and approved residential areas and other immobile populations to the greatest extent possible. Where installed, they must be properly designed to control leakage and above-ground pipelines must be completely surrounded by spill containment basins.
   (C)   Submittal requirements. Use permit applications for new large hazardous material generators, any hazardous material processor other than an approved household hazardous waste collection center, residual repositories or expansions of similar existing facilities shall include the following:
      (1)   A special “Hazardous Materials Facility“ use permit application;
      (2)   A modified Environmental Review Checklist, containing questions regarding a facility's anticipated use and/or production of hazardous materials;
      (3)   An Emergency Response Plan for the facility;
      (4)   For large hazardous waste generators, written explanation of the facility's operation and the reasons for its use and/or production of hazardous materials;
      (5)   For large hazardous waste generators, a Minimization/Management Plan designed to reduce the facility's use/production of hazardous materials;
      (6)   For large hazardous waste generators, an assessment of the facility's ability to provide on-site treatment of hazardous wastes produced and/or to participate in a program to recycle its wastes;
      (7)   For hazardous waste processors, an analysis of the local/regional need for the proposed facility with at least two alternate sites considered;
      (8)   For large hazardous waste generators and all hazardous waste processors, an agreement that a Health Risk Assessment analyzing the health and safety concerns related to the proposal and associated mitigation measures may be necessary with consultant to be selected by the city and costs to be borne by the applicant;
      (9)   For large hazardous waste generators and all hazardous waste processors an agreement that a Communication and Information Panel will be established for the facility; and
      (10)    A Transportation Analysis may be required depending on the facility's proximity to an approved carrier route, its distance to a highway, and the materials to be transported. The analysis is to determine the effects that the transport of hazardous materials to/from the site will have on the local circulation network.
Note: Applicable portions of a proposed facility's required Hazardous Materials Management Plan may fulfill one or more of the above submittal require-ments. Any changes to the Hazardous Materials Management Plan must be submitted to the city for its review with any expansions of or substantial changes to an operation subject to a supplemental use permit. Small generators requiring a use permit shall present evidence that the hazardous wastes produced by the operation shall be recycled to the extent feasible. Medical facilities and all other uses generating infectious wastes shall provide evidence that such wastes will be collected and disposed of by a certified handler.
   (D)   Transportation of hazardous materials.
      (1)   Vehicles transporting hazardous materials shall be required to use the most direct routes between the highway and hazardous material facilities. Hazardous Material Carrier Routes shall be designated by the City Engineer upon the recom-mendation of the City's Police, Public Works, and Planning Departments. Additional routes shall be considered by the City Engineer should their need emerge. Routes selected shall be the best alternatives available or proposed and shall, at a minimum, meet the following criteria:
         (a)   Little or no passage through residential areas or other immobile populations;
         (b)   Adequate road design to handle anticipated vehicle loads;
         (c)   Best possible access to the highway or to routes connecting to the highway;
         (d)   A minimum of daily traffic to preclude prolonged travel on the route; and
         (e)   Acceptable existing accident rates for the route.
      (2)   The designated routes shall be indicated on an official map to be maintained by the city's Engineering Department.
      (3)   The parking of vehicles carrying hazardous materials on city streets shall be prohibited unless in a location designated for such parking. New facilities shall be required to set aside specified areas for the parking, washing, and general main-tenance of trucks if applicable.
   (E)   Hazardous waste processor user fee. The city shall reserve the right to impose a user fee on the operation of an off-site, multi-user hazardous waste processing facility within the city limits pursuant to Cal. Health and Safety Code § 251735. This user fee shall not exceed 10% of a facility's annual gross receipts for the treatment, storage or disposal of hazardous waste at the facility, excluding the receipts derived from the recycling of hazardous waste. Funds collected shall be used to support emergency services, and to carry out any duties related to the operation upon which the user fee is imposed.
   (F)   Operation of hazardous material facilities.
      (1)   The city shall assist in the inspection of any hazardous material facility upon receipt of a complaint or any evidence that the facility is being operated in an unsafe manner. Spot checks may also be carried out to determine compliance with any applicable conditions of approval for the facility's operation. Assistance shall be provided to the County Health Officer, the State Department of Health Services, and the Riverview Fire District as required.
      (2)   The city shall impose penalties on facilities which are determined to be operating in an unsafe manner. Any fines collected shall be used to support emergency services, public information and education, and the inspection program. Non-compliance with a facility's conditions of approval may furthermore result in revocation of the facility's use permit, as set forth in this chapter.
   (G)   Closure of hazardous material facilities.
      (1)   The County Health Services Department shall be responsible for overseeing the closure of any hazardous material facility, with assistance provided by the city and the Riverview Fire District. Funding for the closure and post-closure maintenance shall be the responsibility of the facility's operator and any other responsible parties.
      (2)   Pipelines no longer in use shall be abandoned to the satisfaction of the City Engineer and shall comply with all applicable Environmental Protection Agency (EPA) requirements for such abandonments.
   (H)   Amendment of County Hazardous Waste Management Plan. After adoption of this chapter, any subsequent amendments to the Contra Costa County Hazardous Waste Management Plan shall have no force or effect on this chapter unless so determined by the City Council.
(Ord. 897-C-S, passed 10-25-94) Penalty, see § 9-5.2904

§ 9-5.3827 “H” OVERLAY ZONE.

   (A)   A minimum of 50% of the net leasable area for non-residential development shall be devoted to uses associated with the Delta Memorial Medical Center or related medical uses.
   (B)   If residential development is allowed in the “H” Overlay Zone, then a minimum of 50% of the residential units developed shall be dedicated to low and moderate income, senior or disabled tenant.
(Ord. 897-C-S, passed 10-25-94) Penalty, see § 9-5.2904

§ 9-5.3828 SPECIAL OUTDOOR EVENTS.

   (A)   An administrative use permit is required for special outdoor events (e.g., carnivals, art shows, craft fairs, concerts) which will generate a substantial amount of noise or traffic, impact the circulation or parking scheme of the property at which the event is proposed, and/or include the sale of alcoholic beverages.
   (B)   Applicants shall be required to provide city staff with the following items:
      (1)   Written authorization from the property owner that the event may take place during the time period proposed;
      (2)   Three copies of a site plan;
      (3)   Written proof of liability insurance with the city named as an insured party; and
      (4)   A refundable clean-up deposit as estab-lished by resolution. This deposit may be increased based on the scale of the event.
   (C)   If approved by the Zoning Administrator, conditions may be placed on the administrative use permit to mitigate any possible impacts identified during review of the application. If denied an appeal may be made to the Planning Commission as outlined this chapter.
(Ord. 897-C-S, passed 10-25-94) Penalty, see § 9-5.2904

§ 9-5.3828.1 OUTDOOR RETAIL SALES.

   (A)   Because of the considerations given to the design and appearance of commercial centers, the need for adequate parking, and consistency with approved landscaping, the holding of outdoor retail sales is generally discouraged, and shall be regulated by this section.
   (B)   Every outdoor retail sale shall require the issuance of an administrative use permit prior to the conduct of the sale. An "outdoor retail sale" means the display or offering of goods, merchandise and items for sale to the public, but shall not include display of such items on the sidewalk immediately in front of the store or retail establishment displaying or offering such goods for sale.
   (C)   Outdoor retail sales shall be allowed only in the Neighborhood Commercial and higher zoning districts, and only on sites of five acres in size or more. The term "site" applies to the shopping center and appurtenant parking lot where the sale is to be held, not just to the individual store conducting the sale. No sales shall be allowed on any vacant property or portion thereof within a Neighborhood Commercial site.
   (D)   Administrative use permits shall be considered only for outdoor retail sales of products sold by a merchant physically located and doing business at the shopping center where the sale is proposed to take place.
   (E)   Each site, as that term is defined herein, is limited to not more than four outdoor retail sales per calendar year. The length of each outdoor retail sale may not extend more than three days.
   (F)   The regulations contained in this section shall not apply to the display or sale of Christmas tree and/or pumpkin sale lots, which are regulated by § 9-5.3829.
(Ord. 979-C-S, passed 9-26-00)

§ 9-5.3829 CHRISTMAS TREE AND PUMPKIN SALE LOTS.

   (A)   Temporary Christmas tree and/or pumpkin sale lots shall be allowed by administrative use permit in the districts noted. Such lots will generally be allowed on undeveloped parcels, however, the temporary use of developed parcels may be considered if it can be shown that the temporary use will not significantly impact the circulation and/or parking scheme of the existing permanent use(s). Parking areas must be provided with a surfacing approved by the City Engineer which will prevent the tracking of mud or dust onto the public rights-of-way.
   (B)   Applicants shall be required to provide city staff with the following items:
      (1)   Written authorization from the property owner that the lot may be used during the time period proposed;
      (2)   Five copies of a site plan;
      (3)   The necessary application fee for an itinerant vender business license, issued through the Finance Department, and the required refundable clean-up deposit as established by resolution lot clean-up is to be completed by December 1st of that year for pumpkin sale lots and by January 1st of the new year for Christmas tree lots.
(Ord. 897-C-S, passed 10-25-94) Penalty, see § 9-5.2904

§ 9-5.3830 PARKING AND STORAGE OF MOTOR VEHICLES ON RESIDENTIAL PARCELS.

   It shall be unlawful for any person to keep or maintain or to permit to be placed, kept, or maintained any motor vehicle on any lot, piece, or parcel of land used for residential purposes, except as follows:
   (A)   All locations. The parking of a motor vehicle on any parcel used for residential purposes is subject to the following standards:
      (1)   Recreational vehicles shall not be parked within three feet of an adjoining parcel or sidewalk. Elements of the recreational vehicle that are less than three feet in height, such as a trailer tongue, may encroach into this three-foot setback area.
      (2)   A motor vehicle, including recreational vehicles, shall not be inhabited for any duration, as prohibited by § 9-5.3830.
      (3)   The motor vehicle shall not be parked within three feet of a bedroom window or other required emergency egress window, or within three feet of an electrical panel or gas meter.
      (4)   Except for recreational vehicles, only vehicles with payload classifications of Class 1, Class 2, and/or Class 3, as defined by the U.S. Department of Transportation, may be parked on any parcel used for residential purposes.
      (5)   Storm water drainage from paved surfaces shall be contained wholly on the subject site and shall not be conveyed to a neighboring property.
      (6)   The parking of vehicles or associated improvements are subject to the provisions of any underlying easement. Any improvements within or impacting the public right-of-way are subject to the prior issuance of an encroachment permit.
   (B)   Front yard. When parked in the front yard, the motor vehicle shall be subject to the following standards:
      (1)   The motor vehicle may be parked on the driveway to the existing garage or on an attached extension.
      (2)   The motor vehicle may be parked on an attached extension of the existing driveway apron, subject to the following standards:
         (a)   The extension shall be paved with concrete or other material similar to the existing paved driveway.
         (b)   The extension shall only be located within the area between the existing driveway and the nearest interior property line.
         (c)   The extension may extend inward to the center of the front yard no more than three feet.
         (d)   A maximum of 50% of the front yard may be paved for parking purposes.
      (3)   (a)   The motor vehicle, including recreational vehicles and motor vehicles stored on trailers, shall be operational and registered with the Department of Motor Vehicles as required by § 5-1.202(D). Non-operational registration is permitted, though the vehicle must remain functionally operational.
         (b)   Vehicle under repair may be permitted as regulated by § 9-5.902.
      (4)   Utility trailers may not be stored containing garbage, debris or other waste.
      (5)   The motor vehicle shall not be parked in such a manner as to overhang a public or private sidewalk.
      (6)   The motor vehicle, including any associated cover, shall be maintained in good repair with all exterior finishes in operable, watertight condition.
      (7)   A maximum of one recreational vehicle may be stored in a single front yard.
      (8)   The motor vehicle shall not be parked in such a manner as to present a site obstruction as described by § 9-5.1101.
      (9)   A residential recreational vehicle storage permit (RV permit) is required for the storage or parking of a recreational vehicle in the front yard.
         (a)   Applications for an RV permit shall be made available by the Community Development Department.
         (b)   An applicant shall demonstrate compliance with the standards contained herein to receive an RV permit.
         (c)   An RV permit shall be assigned to a property and shall convey to future property owners or tenants.
         (d)   RV permits are subject to revocation by the Zoning Administrator for noncompliance.
         (e)   The City Council may establish by resolution a maximum total or maximum annual total of RV permits that will be issued.
         (f)   The City Council may establish by resolution a fee for the administration of the RV permit process.
      (10)   Any motor vehicle stored in the front yard shall be owned by and registered to an inhabitant of the residence where the motor vehicle is parked. The resident shall provide evidence of residency and/or registration upon request of city staff.
   (C)   Rear yard. When parked in the rear yard, the motor vehicle shall be subject to the following standards:
      (1)   The motor vehicle shall be stored behind a solid fence or gate at least six feet tall.
      (2)   The motor vehicle shall be parked on a surface paved with brick, concrete, asphalt, or similar material, or on pervious gravel.
(Ord. 2218-C-S, passed 8-23-22)

§ 9-5.3831 LIQUOR ESTABLISHMENTS.

   (A)   No on-sale or off-sale liquor establishments shall be operated within a radius of 500 feet from any other on-sale or off-sale liquor establishments or any school, public park, playground, recreational center, day care center, or other similar use.
   (B)   This restriction shall not apply to the following uses:
      (1)   Retail markets having a minimum 10,000 square feet of floor area which devote no more than 5% of such floor area to the sale, display and storage of alcoholic beverages.
      (2)   Restaurants which derive a minimum of 51% of their gross receipts from the sale of meals.
      (3)   Special event functions such as neighborhood or community festivals, provided all necessary city, state and other permits are secured.
(Ord. 897-C-S, passed 10-25-94; Am. Ord. 1064-C-S, passed 12-13-05; Am. Ord. 1081-C-S, passed 10-24-06) Penalty, see § 9-5.2904

§ 9-5.3832 CHURCHES, PRESCHOOLS, PRIVATE ELEMENTARY, MIDDLE AND HIGH SCHOOLS, AND DAY CARE CENTERS IN RESIDENTIALLY ZONED DISTRICTS.

   (A)   Location.
      (1)   Required use permits for churches, preschools, private elementary schools, private middle and high schools, and day care centers may be approved only if the proposed facility is:
         (a)   Located on an arterial or collector street where single-family homes are not fronting the street; and
         (b)   At the periphery of neighborhoods where traffic through the residential neighborhood can be minimized and adequate buffers between the use and the neighborhood can be maintained.
         (c)   Use permits may be issued for churches notwithstanding divisions (b) and (c) if conditions are imposed to mitigate potential impacts.
      (2)   Small and large family day care homes may be located within residential zones, as outlined in § 9-5.3803.
   (B)   Buffering. All churches, preschools, private elementary schools, private middle and high schools, and day care centers shall be provided with an adequate buffer along any common boundaries with residential uses and shall be subject to a use permit.
   (C)   Lighting. All exterior lighting shall be reflected away from public thoroughfares and adjacent residential properties.
   (D)   Public schools are regulated by the state and are therefore exempt from the preceding requirements. Public schools do, however, need to be consistent with the city’s General Plan.
(Ord. 1064-C-S, passed 12-13-05; Am. Ord. 2178-C-S, passed 1-28-20)

§ 9-5.3833 FIREARMS SALES.

   (A)   Prior to the commencement of the operation, the operator(s) shall be required to obtain a use permit, subject to approval of the Planning Commission.
   (B)   In addition to the use permit requirements stipulated in this chapter, the applicant must also furnish an outline of the security and safety measures that will be used in the operation of the business. Required measures shall include a security alarm system and a locked storage area for firearm and ammunition inventory. These measures shall be subject to review by the Chief of Police or his or her designee and the appropriate fire protection agency and the approval of the Planning Commission.
   (C)   Prior to occupancy of the business, the applicant(s) shall furnish any applicable documentation evidencing compliance with federal and state requirements for a firearms dealer. Should any of the applicant's necessary federal and/or state permits be revoked, terminated, expired, or otherwise declared invalid, the use permit or Home Occupation Use Permit shall be considered void.
   (D)   Commercial establishments offering firearms for sale and which were in operation when this chapter became effective shall comply with the requirements of this section for security and safety within one year after the adoption of this chapter.
   (E)   A home-based holder of a valid Federal Firearm License, a valid Seller's Permit issued by the State Board of Equalization, and a valid Certificate of Eligibility issued by the California Department of Justice, all of which were issued prior to July 1, 1994, may continue his/her operation, provided a Home Occupation Use Permit (HOUP) is obtained from the city. Home-based sales of firearms are prohibited if the above certificates were obtained after July 1, 1994.
(Ord. 1064-C-S, passed 12-13-05)

§ 9-5.3834 STUDY DISTRICT (S).

   Within the “S” Study District, all properties are entitled to and restricted by the requirements of the previous county zoning designations that applied to the property prior to the date of annexation by the city.
   (A)   All land uses existing on the date of annexation by the city shall be allowed to continue and expand as would otherwise have been allowed under the previous county zoning designations, including the keeping of animals and other uses of land permitted under county ordinances prior to the date of annexation by the city.
   (B)   No individual application for approval of a development project, other than what would have been allowed under the previous county zoning designations, may be approved in advance of approval by the city of a specific plan, or an alternative planning process as determined by the City Council.
(Ord. 2011-C-S, passed 2-26-08; Am. Ord. 2203-C-S, passed 1-25-22)

§ 9-5.3835 COMPUTER GAMING AND INTERNET ACCESS BUSINESSES.

   (A)   In addition to requiring a use permit in the C-3 zone the following locational criteria shall apply:
      (1)   The primary customer access point must be located on and front an arterial street as defined in the general plan.
      (2)   No computer gaming and internet access business shall be operated within a radius of 500 feet from any other computer gaming and internet access business; any school, public park, playground, recreational center, day care center, or other similar use; any tobacco retailer or smoke shop; any on- or off-sale liquor establishment excluding those exempted in § 9-5.3831(B); or any card room.
   (B)   A parking study shall be required and considered with a use permit application for a computer gaming and internet access business. The study shall be contracted by the Community Development Department at the applicant’s expense and shall include but not be limited to an analysis of potential impacts to available parking and impacts of extended duration parking.
   (C)   A separate license is required to operate a computer gaming and internet access business under Title 5, Chapter 11 of the Municipal Code and shall be a condition of the use permit.
(Ord. 2075-C-S, passed 11-26-13)

§ 9-5.3836 COMMUNITY SUPERVISION PROGRAMS.

   (A)   Subject to the operational requirements listed in division (B) of this section, community supervision programs shall be allowed in any zone where business and professional offices are permitted or conditionally permitted in § 9-5.3803 of the Antioch Municipal Code; Table of Land Use Regulations. However, such use shall be subject to approval of a use permit if located within a zone that requires a use permit for a business and professional office use or if the use is within 1,000 feet of a public or private school, park, recreation center, senior age restricted living facility or other community supervision program. This distance shall be a radial distance measured from property line to property line.
   (B)   Operational requirements for community supervision programs are as follows:
      (1)   Hours of operation shall be between 8:00 a.m. to 10:00 p.m.
      (2)   No congregation outside the premises shall be permitted.
      (3)   If program participants will be at the facility for more than two hours, an outdoor designated smoking area screened from public view shall be provided.
   (C)   The Planning Commission or City Council may grant relief from any of the requirements of this section.
(Ord. 2066-C-S, passed 5-14-13)

§ 9-5.3837 EXCLUSIVE PARKING DISTRICT (P).

   (A)   Within the “P” Exclusive Parking District, the principally permitted use is a public parking lot constructed in conformance with the development standards set forth in this chapter.
   (B)    Construction of a parking structure requires a use permit.
(Ord. 2072-C-S, passed 10-22-13)

§ 9-5.3838 BOARDING AND ROOMING HOUSES.

   Boarding and rooming houses shall be located, developed, and operated in compliance with the following standards:
   (A)   Rooms can be let to a maximum of five persons.
   (B)   Lodging shall be for specified periods of time. Over-night or transient lodging by persons who are not residents are not permitted.
   (C)   Establishments may, but are not required to, provide meals to persons are lodgers or boarders but not to other members of the public. One common kitchen may be provided but there shall be no separate cooking facilities in rooms.
   (D)   The owner or a manager who represents the owner shall reside on the premises.
   (E)   Smoking and the possession or consumption of alcohol shall be prohibited in all indoor common areas and in all outdoor common areas.
   (F)   A boarding/rooming house shall not be located within 300 feet of any other boarding or rooming house or residential care facility.
   (G)   At least 20 square feet of usable open space shall be provided for each person who resides in the facility. Open space shall be designed and screened in compliance with the requirements applicable to multi-family residential development located in the same district.
   (H)   At least one parking space shall be provided for every two persons who reside in the facility. Parking facilities shall be designed, landscaped, and screened in compliance with the requirements applicable to multi-family residential development located in the same district.
   (I)   Any boarding/rooming house in a RE, RR, R-4, or R-6 district that was legally established prior to the effective date of this setion shall be registered with the city as a nonconforming use. The owner of a rooming house seeking designation under this section as a nonconforming use shall, at the time of registration of the boarding or rooming house under this section, appoint an agent who resides within Contra Costa County for the purpose of receiving notices from the city concerning the use of the nonconforming property. The owner shall provide the name, address, and telephone number of the agent. The agent shall be available to be contacted 24 hours a day, seven days a week, regarding the boarding or rooming house.
   (J)   A boarding or rooming house may lose its status as a nonconforming use if city staff confirms that on three or more separate occasions within a six-month period, administrative, civil or criminal citations have been issued at the address of the rooming house, or the property is determined to be a public nuisance pursuant to the Antioch Municipal Code. Multiple citations issued to different people at a single address at the same time shall not be considered "separate occasions." In determining whether a nonconforming use shall be terminated, citations on matters including, but not limited to, the following provisions of the Antioch Municipal Code and state law shall be considered:
      (1)   Title 4, Chapter 7: Weed and Rubbish Abatement;
      (2)   Title 5, Chapter 9: Littering;
      (3)   Title 5, Chapter 8: Intoxication;
      (4)   Title 4, Chapter 6: Weapons and Fireworks;
      (5)   Title 4, Chapter 10: Abandoned, Wrecked, Dismantled or Inoperative Vehicles;
      (6)   Title 5, Chapter 10: Loitering and Indecent Language;
      (7)   Title 5, Chapter 16: Drug Paraphernalia;
      (8)   Title 5, Chapter 17: Disturbing the Peace;
      (9)   Title 5, Chapter 18: Public Nudity;
      (10)   Title 5, Chapter 20: Rental Dwelling Unit Maintenance;
      (11)   Title 6, Chapter 1: Animals;
      (12)   Title 6, Chapter 3: Solid Waste and Rubbish;
      (13)   Title 6, Chapter 8: Smoking;
      (14)   Compliance with the parking requirements in this chapter for rooming houses; and
      (15)   State law regarding any of the above topics.
(Ord. 2089-C-S, passed 6-24-14)

§ 9-5.3839 EMERGENCY SHELTERS.

   Emergency shelters shall be located, developed, and operated in compliance with the following standards:
   (A)   Number of residents/beds. Each shelter shall contain a maximum of 50 beds and shall serve no more than 50 homeless persons.
   (B)   Length of occupancy. Occupancy by an individual or family may not exceed 180 consecutive days unless a management plan provides for longer residency by those enrolled and regularly participating in a training or rehabilitation program.
   (C)   Hours of operation. To limit outdoor waiting, the facility must be open each day for at least eight of the hours between 7:00 a.m. and 7:00 p.m.
   (D)   Waiting and intake areas. Each shelter shall include indoor waiting and intake areas for guests. Such intake and waiting areas shall be provided at a rate of ten square feet per bed and in any case, shall be at least 200 square feet in area. Waiting and intake areas may be used for other purposes as needed during operation of the shelter.
   (E)   Common facilities. The development may provide one or more of the following specific common facilities for the exclusive use of the residents:
      (1)   Laundry facilities.
      (2)   Central cooking and dining room(s).
      (3)   Recreation rooms.
      (4)   Counseling centers.
      (5)   Child care facilities.
      (6)   Other support services.
   (F)   Outdoor activities. All functions associated with the shelter, except for children's play areas, outdoor recreation areas, parking, and outdoor waiting must take place within the building proposed to house the shelter. Outdoor waiting for clients, if any, may not be in the public right-of-way, must be physically separated from the public right-of-way, and must be large enough to accommodate the expected number of clients.
   (G)   On-site parking. Parking spaces shall be provided according to the standards of Article 17, Parking Requirements.
   (H)   Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and shall be of an intensity that is comparable to surrounding uses.
   (I)   On-site security. On-site security must be provided at all times that the emergency shelter is in operation and according to the following standards:
      (1)   A safety and security plan for each shelter shall be submitted to the Community Development Department. The plan shall include information as specified by the Community Development Director.
      (2)   Security guards shall be provided at a ratio of at least one guard for every 25 shelter beds.
      (3)   Security guards shall be employed by a private patrol operator (security company) that is currently licensed with the California Department of Consumer Affairs. The following information shall be provided to the city: the name of the security company; proof of its liability insurance, including a copy of all exceptions; its state license number; and the guard registration numbers for all employed guards.
      (4)   Digital security cameras shall be installed and capture the activities of the shelter's waiting and intake area, as well as the entrance and exit from the shelter and the shelter parking lot. If the shelter includes a child care area as a common facility, then the child care area shall also be monitored via a digital camera system. Recordings from digital security cameras shall be maintained for no less than 14 days.
   (J)   Noise. The use must be conducted in conformance with the city's noise regulations pursuant to Article 19, Noise Attenuation Requirements, of this chapter.
   (K)   Refuse storage areas. A refuse storage area shall be provided consistent with the standards of Article 14, Refuse Storage Area Design Guidelines.
   (L)   Emergency shelter provider. The agency or organization operating the shelter shall comply with the following requirements:
      (1)   The operator shall be local provider designated under the applicable requirements of the State Emergency Housing and Assistance Program.
      (2)   Staff and services shall be provided to assist residents in obtaining permanent shelter and income.
      (3)   The operator shall not discriminate in any services provided.
      (4)   The operator shall not require participation by residents in any religious or philosophical ritual, service, meeting or rite as a condition of eligibility.
      (5)   The operator of the shelter shall submit a management plan for review by the Community Development Director. The plan must address issues identified by the Director, including transportation, client supervision, security, client services, staffing, and good neighbor issues.
(Ord. 2089-C-S, passed 6-24-14)

§ 9-5.3840 RESIDENTIAL CARE FACILITIES.

   These requirements apply to residential care facilities for more than six persons as defined by this Code. Residential facilities for six or fewer residents shall be treated as a residential use and subject only to the same requirements as any other permitted residential use of the same housing type that are in the same district.
   (A)   The minimum distance from any other residential facility shall be 300 feet as specified by Cal. Health and Safety Code § 1267.9(b).
   (B)   At least 20 square feet of usable open space shall be provided for each person who resides in the facility. Open space shall be designed and screened in compliance with the requirements applicable to multi-family residential development located in the same district.
   (C)   At least one parking space shall be provided for every two persons who reside in the facility. Parking facilities shall be designed, landscaped, and screened in compliance with the requirements applicable to multi-family residential development located in the same district.
   (D)   Smoking and the possession or consumption of alcohol shall be prohibited in all indoor common areas and in all outdoor common areas.
   (E)   Residential care facilities shall provide smoke-free living quarters for non-smoking residents.
   (F)   Residential care facilities shall be licensed and certified by the State of California and shall be operated according to all applicable state and local regulations.
(Ord. 2089-C-S, passed 6-24-14)

§ 9-5.3841 RESIDENTIAL HOTELS.

   Residential hotels (also called single room occupancy (SRO) hotels) shall be located, developed, and operated in compliance with the following standards:
   (A)   Maximum occupancy. Each living unit shall be designed to accommodate a maximum of two persons.
   (B)   Minimum size. A living unit must have at least 150 square feet of floor area, excluding closet and bathroom. No individual unit may exceed 400 square feet.
   (C)   Minimum width. A unit comprised of one room not including a bathroom shall not be less than 12 feet in width.
   (D)   Entrances. All units must be independently accessible from a single main entry, excluding emergency and other service support exits.
   (E)   Cooking facilities. Cooking facilities shall be provided either in individual units or in a community kitchen. Where cooking is in individual units, each unit shall have a sink with hot and cold water; a counter with dedicated electrical outlets and a microwave oven or properly engineered cook top unit pursuant to Building Code requirements; a small refrigerator; and cabinets for storage.
   (F)   Bathroom. A 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, 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 full bathroom per floor.
   (G)   Closet. Each unit shall have a separate closet.
   (H)   Common area. Four square feet per living unit shall be provided, excluding janitorial storage, laundry facilities and common hallways. At least 200 square feet in area of interior common space provided as a ground floor entry area that provides a central focus for tenant social interaction and meetings.
   (I)   Smoking and alcohol possession and consumption. Smoking and the possession or consumption of alcohol shall be prohibited in all indoor common areas and in all outdoor common areas.
   (J)   Tenancy. Tenancy of residential hotel units shall be limited to 30 or more days.
   (K)   Facility management. A facility with ten or more units shall provide full-time on-site management. A facility with fewer than ten units shall provide a management office on-site.
   (L)   Management plan. A management plan shall be submitted with the permit application for all residential hotel projects. At minimum, the management plan must include the following:
      (1)   Security/safety. Proposed security and safety features such as lighting, security cameras, defensible space, central access, and user surveillance;
      (2)   Management policies. Management policies including desk service, visitation rights, occupancy restrictions, and use of cooking appliance;
      (3)   Rental procedures. All rental procedures, including weekly and monthly tenancy requirements;
      (4)   Staffing and services. Information regarding all support services, such as job referral and social programs; and
      (5)   Maintenance. Maintenance provisions, including sidewalk cleaning and litter control, recycling programs, general upkeep, and the use of durable materials.
(Ord. 2089-C-S, passed 6-24-14)

§ 9-5.3842 CORRECTIONAL FACILITIES.

   (A)   Correctional facilities may be permitted in any M-2 or less restrictive zone with a conditional use permit pursuant to Section TBD (Conditionally Permitted Uses in Specified Zones) of Chapter TBD (Conditional Use Permits).
   (B)   Correctional facilities shall not be permitted in any of the following locations:
      (1)   Within 1,000 feet of any type of community care facility or similar type of facility, measured from property line to property line;
      (2)   Within one mile of another correctional facility, measured from property line to property line;
      (3)   Within 1,000 feet of a school, library, public park, or recreation area, measured from property line to property line;
      (4)   Within 1,000 feet of a property zoned for residential development, measured from property line to property line.
   (C)   Correctional facility shall be liable for reasonable costs to the city for dispatch calls and other Police Department costs relating to dispatch calls caused by the actions of correctional facility residents or correctional facility personnel in which the Police Department ultimately determines that the dispatch call was the result of a crime or alleged crime that resulted in a police report or enforcement agency investigation.
(Ord. 2089-C-S, passed 6-24-14)

§ 9-5.3843 TOBACCO AND PARAPHERNALIA RETAILERS.

   (A)   Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      DRUG PARAPHERNALIA. Drug paraphernalia shall have that definition set forth in Cal. Health and Safety Code § 11364.5, as it may be amended.
      DRUG PARAPHERNALIA RETAILER. Any establishment that sells drug paraphernalia as defined herein.
      PERSON. Any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
      TOBACCO PRODUCT.
         (a)   1.   A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.
            2.   Any device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, vaporizer pen, or hookah.
            3.   Any component, part, or accessory of a tobacco product, whether or not sold separately.
         (b)   TOBACCO PRODUCT does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.
      TOBACCO RETAILER. Any establishment that sells tobacco products as defined herein.
   (B)   Tobacco retailers prohibited. It is unlawful for any person to cause or permit the creation of, or operation of, a tobacco retailer. The operation of a tobacco retailer shall constitute a public nuisance subject to abatement under this code.
   (C)   Drug paraphernalia retailers prohibited. It is unlawful for any person to cause or permit the creation of, or operation of, a drug paraphernalia retailer business. The operation of a drug paraphernalia retail business shall constitute a public nuisance subject to abatement under this code.
   (D)   Nonconforming uses.
      (1)   Tobacco retailers or drug paraphernalia retailers lawfully established and operating prior to the effective date of Ordinance 2125-C-S may continue to operate as nonconforming uses.
      (2)   All nonconforming tobacco retailers and drug paraphernalia retailers shall comply with state regulations regarding the sale of tobacco products and drug paraphernalia, as these laws may be amended from time to time.
   (E)   Exceptions.
      (1)   The prohibition described in division (C) above shall not apply to the following:
         (a)   Any pharmacist or other authorized person who sells or furnishes drug paraphernalia upon the prescription of a physician, dentist, podiatrist, or veterinarian as permitted by law.
         (b)   Any physician, dentist, podiatrist, or veterinarian who furnishes or prescribes drug paraphernalia to his or her patients as permitted by law.
         (c)   Any manufacturer, wholesaler, or retailer licensed by the Board of Pharmacy to sell or transfer drug paraphernalia as permitted by law.
      (2)   The prohibitions described in division (B) and (C) above shall not apply to the following:
         (a)   Any tobacco retailer or drug paraphernalia retailer operating with a valid use permit issued by the city prior to the effective date of Ordinance 2125-C-S. Consistent with Ordinance 2125-C-S, such tobacco retailer or drug paraphernalia retailer shall continue to be a nonconforming use and subject to all provisions of this section and the Municipal Code.
      (3)   The following business types shall be permitted to sell tobacco products subject to approval of a use permit in zoning districts where such business types are allowed under the Zoning Code:
         (a)   Convenience stores when ancillary to a gas station and having less than 20% of their sales area devoted to tobacco products.
            1.   The sale of drug paraphernalia is prohibited.
         (b)   Retail businesses larger than 5,000 square feet with less than 5% of their sales area devoted to tobacco products.
         (c)   Notwithstanding (a) or (b) above, a new use permit shall not be issued for a business that is located within 1,000 feet of any school, public park, playground, recreational center, or child care center.
(Ord. 2125-C-S, passed 8-8-17; Am. Ord. 2206-C-S, passed 3-8-22; Am. Ord. 2242-C-S, passed 10-22-2024)

§ 9-5.3844 BINGO OPERATIONS.

   (A)   Bingo games may generally be conducted in any nonresidential zone if the requirements of subsection (C) below are met.
   (B)   Bingo games may not be conducted in a residential zone in the city, except in religious assemblies and schools within residentially zoned districts under the authority of § 9-5.3832 of this code and if the requirements in subsection (C) below are met.
   (C)   Bingo games or operations must meet the following criteria to be allowed:
      (1)   The bingo use is ancillary to a validly- existing nonprofit religious assembly or other nonprofit organization;
      (2)   Is located on property that the nonprofit religious assembly or nonprofit organization owns or leases, or on property whose use is donated to the nonprofit organization and the property is used by the organization for an office or for the performance of the purposes for which the organization is organized and the nonprofit use is otherwise in conformance with this zoning code;
      (3)   The building in which the bingo games will be conducted is in full compliance with the state building code, as set forth in § 8-1.01 of this code; and
      (4)    The bingo operations conform with state law and Chapter 15 of Title 5 of the Antioch Municipal Code, as they may be amended.
(Ord. 2098-C-S, passed 2-24-15)

§ 9-5.3845 CANNABIS BUSINESSES.

   A cannabis business may be established within any of the Cannabis Business (CB) Zoning Overlay Districts only under all of the following conditions:
   (A)   A cannabis business may be established only under the conditions set forth herein. No other cannabis business or commercial cannabis use shall be allowed within the city except as authorized by this article.
   (B)   A use permit from the City Council is required for all cannabis businesses. The application for the use permit shall be considered by the Planning Commission which shall make a recommendation to the City Council.
      Prior to operating in the city and as a condition of issuance of a use permit, the operator of each cannabis business shall enter into and maintain compliance with an operating agreement, setting forth the terms and conditions under which the cannabis business will operate. Such requirements for the cannabis business operator shall include, but are not limited to, the following:
      (1)   Providing a public outreach and education program;
      (2)   Implementing and maintaining a social equity program;
      (3)   Payment and reporting of fees and other charges, which may be imposed on gross receipts and/or square footage of cultivation, or such other methodology as determined by the City Council;
      (4)   Implementing and maintaining a security plan to be approved by the Chief of Police;
      (5)   Implementing and maintaining an odor control and mitigation plan;
      (6)   Payment of fees and charges including, but not limited to administrative and penalty fees;
      (7)   Record keeping;
      (8)   Compliance with city’s requirements for periodic review and audit of the cannabis business's operations and related matters;
      (9)   Insurance coverage as required by the city;
      (10)   Indemnification of the city, its officers, officials, employees, agents and consultants;
      (11)   Assignability;
      (12)   Procedures for amendment of the operating agreement;
      (13)   Hours of operation;
      (14)   Signage;
      (15)   External lighting; and
      (16)   Such other terms and conditions that will protect and promote the public health, safety, and welfare.
   (C)   In addition to the standard findings for approval of a use permit, the City Council shall make the following additional finding in support of approval of a use permit for a cannabis business.
      (1)   That the location and site characteristics of the proposed cannabis business are consistent with all applicable state laws and city standards or guidelines, that all provisions have been made to ensure that the operation of the cannabis business will not create excessive demands for police service or other public services, and that the cannabis business will benefit the city.
   (D)   Cannabis businesses may be established as described in Table A.
 
TABLE A
Overlay District
License Types Permitted
Permit Requirement
CB 1
1, 1A, 1B, 1C, 2, 2A, 2B, 3, 3A, 3B, 4, 5, 5A, 5B, 6, 7, 8, 10, 11, 12
City Council Use Permit
CB 2
10
City Council Use Permit
CB 3
10
City Council Use Permit
 
      (1)   License type 7 is not allowed in multi-tenant buildings in CB 1.
   (E)   The separation requirements for the Cannabis Business Overlay Zoning Districts shall be as described in Table B:
 
TABLE B
Overlay District
Between Retail Uses
From Sensitive Use
CB 1
600'
600'
CB 2
200'
200'
CB 3
600'
600'
 
      (1)   Notwithstanding § 9-5.3845(E), the city shall have the discretion to decrease the 600-foot restriction without requiring a variance when significant barriers (such as large roadways, railroad tracks, or similar buffers) exist between the proposed retail cannabis business and the existing use identified in § 9-5.3845(D)(4).
      (2)   Solely as to CB 2, the term "sensitive use" shall not include any property located within the city's boundaries and occupied by a city residential land use or designated by the city as residential in the city's general plan or zoning ordinance.
      (3)   The separation requirements referenced in § 9-5.3845(E) for sensitive uses shall be measured property line to property line. The separation requirements referenced in § 9-5.3845(E) for retail businesses shall be measured between the primary entrance/exit for the business' customers for each retail business.
   (F)   Applicants to operate cannabis businesses, as well as current cannabis businesses, shall pay their share of city fees, charges, and other costs of city staff and consultants (including outside legal counsel) for matters relating to their application and business (e.g., conditional use permit, operating agreement, and any modification or implementation thereof). The applicant shall make a cash deposit with the city in an amount to be determined by the City Attorney. The city shall return any unused deposit; the business applicant/operator shall pay any amount greater than the original deposit. The applicant/operator may have to make more than one deposit.
(Ord. 2143-C-S, passed 6-26-18; Am. Ord. 2165-C-S, passed 4-23-19; Am. Ord. 2191-C-S, passed 10-27-20; Am. Ord. 2199-C-S, passed 10-26-21)

§ 9-5.3846 WIRELESS COMMUNICATIONS FACILITIES.

   All wireless communications facilities, and any modifications, collocations, expansions or other changes to existing wireless communications facilities, are subject to a permit as specified in City Council Policy for Wireless Communication Facilities, which may be adopted, amended and/or repealed by City Council resolution. All wireless communications facilities shall comply with City Council Policy for Wireless Communication Facilities.
(Ord. 2169-C-S, passed 6-25-19)

§ 9-5.3847 WITHDRAWALS OF PLANNING APPLICATIONS AND ACTIONS.

   (A)   All planning applications and actions shall be automatically deemed withdrawn, without any further action by the Community Development Department, when the applicant fails to tender a substantive response to the Community Development Department within 120 calendar days following the date of the written notice of an incomplete application. The Zoning Administrator may, in the Zoning Administrator’s discretion, grant a written extension for up to an additional 90 calendar days when the applicant submits a written request prior to the 120th day that shows good cause to grant the extension. Delays due to circumstances outside the applicant’s reasonable control will be considered good cause to grant the extension.
   (B)   When an application is deemed withdrawn, or has been withdrawn by the applicant, the Zoning Administrator shall return the entire application package to the applicant, including accompanying information and any portion of the filing fee not used in processing up to the point of withdrawal. The return application shall also be accompanied by a letter explaining the requirements for refiling. A withdrawn application may be refiled at any time, provided the withdrawn applicant submits a new application and associated application fees.
(Ord. 2179-C-S, passed 1-28-20)

§ 9-5.3848 TEMPORARY CANNABIS EVENTS.

   The City Council may authorize a temporary cannabis event if the event meets all of the following terms and conditions:
   (A)   The event is held either at the Contra Costa Event Park, 1201 West 10th Street, Antioch, CA 94509 or at a District Agricultural Association event.
   (B)   Any retail sales are conducted pursuant to a valid cannabis business license allowing retail sales and issued by the city.
   (C)   The event complies with state law and regulations.
   (D)   The event will be conducted by the holder of a cannabis event organizer license and will be a licensed temporary cannabis event.
   (E)   The event organizer agrees to submit traffic control and security plans to the city and to comply with the city's directions for traffic control and security before, during, and after the event.
   (F)   The event organizer provides insurance protecting the city in an amount and type, and with an admitted surety, satisfactory to the City Attorney at least 90 days prior to the event.
   Failure by the event organizer to comply with any of the above terms and conditions shall constitute the basis for the city, whether through action of the Council, the City Manager, the City Attorney, or the Chief of Police, to revoke the City Council's authorization for the event and to provide written notice thereof to the event organizer and the Department of Cannabis Control.
   Because the temporary cannabis event may only be held on property owned by the state, the county, or a district agricultural association, § 9-5.3845 does not apply to this type of event.
(Ord. 2204-C-S, passed 2-8-22)

§ 9-5.3849 COMMERCIAL INFILL HOUSING OVERLAY DISTRICT.

   The Commercial Infill Housing (CIH) Overlay District will comply with the following standards and regulations. Any standards not included in this section will comply with the site's underlying zoning standards.
   (A)   Site qualification. Sites shown within the CIH Overlay District on the Antioch Zoning Map are qualified by-right for development of infill housing and can submit an application to the Planning Department for ministerial review. For sites outside of the CIH Overlay District, a rezone of the site to be included in the CIH Overlay District is required with approval from City Council prior to submitting an application to the Planning Department.
   (B)   Residential density. Residential development under 12 dwelling units per acre shall not be permitted within the CIH Overlay District. Residential development of 12 to 35 dwelling units per acre are allowed by-right. Development over 35 dwelling units per acre require the approval of a use permit.
   (C)   Off-street parking required. Off-street parking requirements shall follow the requirements in Table 9-5.1703.1, Off-Street Parking Required.
   (D)   Building height. Development of two to four stories (up to 45 feet in building height) shall be allowed by-right. Development higher than four stories (more than 45 feet in building height) shall require the approval of a use permit.
   (E)   Objective design standards. Development shall comply with the objective design standards contained in the city's Commercial Infill Housing
   (F)   Review process. Applications for residential or mixed-use development on qualified Commercial Infill Housing Overlay District sites shall be submitted to the Planning Department for ministerial processing and must include an application packet and design plans. Applications will be processed administratively by staff and reviewed for conformance with the Commercial Infill Housing Overlay District Objective Design Standards.
(Ord. 2211-C-S, passed 4-26-22)

§ 9-5.3850 INNOVATIVE HOUSING OVERLAY DISTRICT.

   (A)   Purpose. The purpose of the Innovative Housing (IH) Overlay District is to regulate and encourage affordable housing production in new and novel ways, including expanding where residential development is permitted and the forms it may take. The IH Overlay applies to sites currently developed with religious assembly uses with unused or underutilized land. In compliance with Cal. Gov’t Code § 65583(c)(7), the IH Overlay District also facilitates the development of accessory dwelling units that can be offered at affordable rent.
   (B)   Definitions. As used in this section, terms are defined as follows:
      ACCESSORY DWELLING UNIT or ADU. A residential dwelling unit that provides complete independent living facilities for one or more persons. An ACCESSORY DWELLING UNIT also includes the following:
         (a)   An efficiency unit, as defined by Cal. Health and Safety Code § 17958.1; and
         (b)   A manufactured home, as defined by Cal. Health and Safety Code § 18007.
      AFFORDABLE HOUSING. Rental housing that is restricted by recorded document to provide the housing at an affordable rent, as defined in Cal. Health and Safety Code § 50053.
      ASSUMED HOUSEHOLD SIZE. Generally, a household of one person in a studio apartment, two persons in a one bedroom unit, three persons in a two bedroom unit, and one additional person for each additional bedroom thereafter. However, the assumed household size is subject to the requirements of different funding sources and may differ accordingly.
      COTTAGE. A small detached residential structure. A COTTAGE may be one detached accessory dwelling unit or two accessory dwelling units attached to one another (i.e., creating a duplex or two-family dwelling).
      COTTAGE COMMUNITY. A cluster of no fewer than three cottages (which can range from three units if each cottage is a single ADU to six units if each cottage is a two-family dwelling) that interact together as a small community and are designed with a coherent concept. COTTAGE COMMUNITIES are their own category of residential facilities and are not considered single-family or multiple-family dwellings. An existing or proposed single-family or multiple-family dwelling is not required in order to develop a cottage community.
      PUBLIC TRANSIT. Either a high-quality transit corridor as defined in Cal. Public Resources Code § 21155(b), or a major transit stop as defined in Cal. Public Resources Code § 21064.3.
      RELIGIOUS ASSEMBLY USE. Land or premises to gather together for common religious proposes, including worship, religious study, and related religious, philanthropic, or social activities. Churches, chapels, mosques, synagogues, and temples, are examples of properties developed with religious assembly uses.
      SITE DEVELOPMENT AREA. The portion of a parcel identified for housing development, including the associated setbacks, usable open space, and onsite parking and circulation. For example, a religious institution may own a two-acre site and plan to develop only half the site, making the site development area one acre.
   (C)   (1)   Review process. Sites shown within the IH Overlay District on the Antioch Zoning Map are qualified by-right for development of cottage communities and can submit an application to the Planning Department for ministerial review. For sites outside of the IH Overlay District, a rezone of the site to be included in the IH Overlay District is required with approval from City Council prior to submitting an application to the Planning Division.
      (2)   Sites within the IH Overlay District may be developed pursuant to their underlying zoning instead of the IH Overlay District regulations. In this case, development shall be regulated and approved according to the underlying zoning district regulations and its associated standards, such as the multi-family residential objective design standards.
   (D)   Affordability. Consistent with Cal. Gov’t Code §§ 65583(c)(7) and 65852.2(g), the IH Overlay District goes beyond the statutory minimum to further the creation of ADUs offered at affordable rate. Housing development in the IH Overlay District is subject to the following affordability requirements:
      (1)   One hundred percent (100%) of the development project’s total units, exclusive of a manager’s unit or units, are for lower income households, except that up to 20% of the total units in the development may be for moderate-income households and up to 5% of the total units in the development may be for staff of the religious institution on site. Calculations resulting in fractional units may be rounded to the next whole number.
      (2)   (a)   All affordable units shall be subject to a recorded deed restriction of 20 years, unless a local ordinance or the terms of a federal, state, or local grant, tax credit, or other project financing requires, as a condition of the development of residential units, that the development include a certain percentage of units that are affordable to, and occupied by, low-income, lower income, very low income, or extremely low income households for a term that exceeds 20 years.
         (b)   This requirement does not apply to any manger’s unit or units or any unit or units reserved for staff of the on-site religious institution.
   (E)   (1)   Density. Cottage communities shall contain a minimum of three cottages on a site. The density of a cottage community shall not exceed 15 dwelling units per acre, where the site development area is used to calculate the site acreage and each ADU counts as one unit. A cottage community with a density greater than 15 dwelling units per acre requires the approval of a use permit.
      (2)   ADUs may be attached to one another in sets of two; no more than two units shall be contained within one building footprint. There is no limit on the total number of attached structures (e.g., duplexes) in one cottage community, subject to the density requirements of division (E).
   (F)   Development standards. Cottage communities are not subject to the multi-family design standards and shall comply with the standards below.
      (1)   Building footprint. All units shall be self-contained and include their own kitchen and bathroom facilities. No unit shall be smaller than 150 square feet and no greater than 1,200 square feet; a cottage with two attached units must then be at least 300 square feet and no more than 2,400 square feet. The building footprint shall be measured by calculating the total square foot area of a building that covers a portion of a lot, when viewed directly from above, except for the following structures or parts of structures:
         (a)   Any part of the structure without a roof.
         (b)   Roof eaves.
         (c)   Carports, porches, and balconies that are open at least 50% of their respective perimeter.
         (d)   Detached garages or sheds.
      (2)   (a)   Height. Cottages shall have a maximum height of 18 feet and no structure shall exceed two stories.
         (b)   Exception. Where the ridge of a roof is pitched with at least a slope of six to 12, the maximum roof height may extend up to 25 feet. All parts of the roof above 18 feet must be pitched.
      (3)   (a)   Cottage orientation. Cottages shall generally be oriented towards common open space, with at least 50% of cottages abutting common open space.
         (b)   Exception. This standard may be reduced to 40% of cottages abutting common open space for cottage communities that include at least 15% of units, exclusive of a manger unit or units, for extremely or very low income households.
      (4)   Usable open space.
         (a)   1.   Common open space open to all residents shall be provided and maintained for cottage communities as follows:
 
Total Number of Units
Amount of Common Open Space Per Unit
3 - 9
100 square feet per dwelling unit if all cottages are separated by at least 10 feet. 150 square feet per dwelling unit if any of the cottages are separated by less than 10 feet.A
10 - 20
200 square feet per dwelling unit, of which up to 60 square feet may be private open space.
More than 20
250 square feet per dwelling unit, of which up to 70 square feet may be private open space.
A.   Duplexes separated from other duplexes (or ADUs) by 10 feet may utilize the 100 square foot/unit requirement.
 
            2.   Exception. Sites that are within one-half mile walking distance of a public park are not required to provide common open space if there is unobstructed access to the park from the development.
         (b)   Cottage communities that include ten or more units shall be required to include and maintain at least one of the following features in the required common open space:
            1.   Children’s play area with play equipment (not an option for senior housing developments).
            2.   Community garden.
            3.   Dog park.
            4.   Sports court.
            5.   Barbeque/grill area or fire pit.
            6.   Outdoor seating area with gazebo, arbor, or similar shade structure.
         (c)   Usable open space shall include a mix of landscaping and greenery, including but not limited to trees, shrubs, gardens, and green spaces. Off-street parking and loading areas, driveways, and service areas shall not be counted as usable open space. Pedestrian and bicycles paths or trails may not be counted as usable open space.
         (d)   On-site recreational facilities for the religious assembly use may count towards open space requirements for the cottage community if a written agreement is provided that allows shared use of the facilities between the cottage community and religious institution.
      (5)   Setbacks.
         (a)   When the development site area is adjacent to a property line, the following standards apply:
            1.   Minimum front yard setback of 15 feet on arterial and collector streets and ten feet on local streets.
            2.   Minimum interior side yard setback of five feet.
            3.   Minimum street side yard setbacks (for corner lots) of 15 feet on arterial and collector streets and ten feet on local streets.
            4.   Minimum rear yard setback of ten feet.
            5.   Front and street side setbacks shall be reserved for landscaping only, excluding access and egress driveways.
         (b)   When the development site area is internal to the religious assembly use and not adjacent to a property line, there are no setback requirements.
      (6)   Building separation. Cottages shall be separated from other cottages by at least five feet. The minimum distance between all other structures shall be in accordance with fire and building code requirements.
      (7)   Architectural standards. Cottage communities shall have a cohesive architectural theme across all cottages. This could be conveyed through consistent buildings materials and colors; consistent roof pitch wherein each cottage’s roof pitch is within ten degrees of all adjacent cottages; horizontal articulation such as siding, cladding, and floor separation that is parallel across cottages; and/or consistent window proportions and window spacing dimensions.
      (8)   (a)   Community buildings. Cottage communities may include community buildings for the shared use of residents that provide space for accessory uses and/or supportive services, such as community centers, case manager offices, and childcare centers for the residents.
         (b)   Parking shall be provided for employees of community buildings at a rate of at least one space per employee on the largest shift, or according to the rates in Table 9-5.17031.1, whichever is less.
      (9)   Pedestrian connectivity. A hard- surfaced, all-weather (e.g., concrete, asphalt, pavers) pedestrian path of at least four feet wide must be provided that connects the main entrance of each cottage to the following:
         (a)   Any common usable open space or recreational facilities on site or to any public park facilities located on an adjacent lot.
         (b)   The parking area that serves it.
         (c)   Community buildings.
         (d)   Sidewalks and public rights-of-way (including pathways or trails) abutting the site.
      (10)   (a)   Waste and recycling. Cottage communities must subscribe to the city’s three- container collections services for trash, recyclable materials, and organics and comply with all requirements of § 9-5.1401.
         (b)   Exception. Cottage communities may share an existing trash enclosure with the on-site religious institution if the existing trash enclosure has enough capacity to meet the additional demand from the cottage communities per state and local regulations.
      (11)   Nonconforming cottage communities and discretionary approval. Any proposed cottage community that does not conform to the objective standards set forth in division (F) may be allowed by the city with a conditional use permit.
   (G)   Fire protection. Cottage communities must meet fire code requirements and fire sprinklers are required in cottages when required by building code.
   (H)   Rental term. No unit in a cottage community may be rented for a term that is shorter than 30 days.
   (I)   Parking. Parking shall be provided consistent with § 9-5.1704(F) and § 9-5.3850(F)(8)(a) of this code.
   (J)   Nonconformity of existing use. The development of affordable housing pursuant to this section shall not require the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the new residential development.
   (K)   Impact fees. Cottage communities are subject to the impact fee provisions of § 9-3.60 and no impact fee is required for a unit that is less than 750 square feet in size. Units that are 750 square feet or larger in size shall be charged proportionately in relation to a 1,940-square foot single-family home, which is the average size of a detached, single-family home in Antioch (e.g., the floor area of the cottage, divided by 1,940 square feet, times the typical fee amount charged for a new dwelling).
   (L)   Fair housing. Housing built in the IH Overlay is required to comply with all applicable state and federal fair housing requirements, including the California Fair Employment and Housing Act, Unruh Civil Rights Acts, and federal Fair Housing Act. This includes but is not limited to religion-based discrimination.
(Ord. 2235-C-S, passed 11-28-2023)

§ 9-5.3851 EMPLOYEE HOUSING.

   (A)   Pursuant to Cal. Health and Safety Code § 17021.5, employee housing providing accommodations for six or fewer employees shall be deemed a single-family structure with a residential land use designation. No conditional use permit, zoning variance, or other zoning clearance shall be required of employee housing that serves six or fewer employees that is not required of a family dwelling of the same type in the same zone. Employee housing, as defined in Cal. Health and Safety Code § 17008, shall not be included within the definition of a boarding house, rooming house, hotel, dormitory, or other similar term that implies that the employee housing is a business run for profit or differs in any other way from a family dwelling. The provisions of this subdivision shall be interpreted to fulfill the requirements of Cal. Health and Safety Code § 17021.5. Any changes to that Cal. Health and Safety Code § 17021.5 shall be deemed to supersede and govern any conflicting provisions contained herein.
   (B)   Pursuant to Cal. Health and Safety Code § 17021.6, any employee housing consisting of no more than 36 beds in group quarters, or 12 units or spaces designed for use by a single family or household, working for an agricultural use, shall be deemed an agricultural use. No conditional use permit, zoning variance or other discretionary approval shall be required of this employee housing for up to 12 units or 36 beds that is not required of any other agricultural activity in the same zone. Pursuant to Cal. Health and Safety Code § 17021.8, a new agricultural employee housing development that meets certain criteria is eligible for a streamlined, ministerial approval process and is not subject to a conditional use permit. The provisions of this subdivision shall be interpreted to fulfill the requirements of Cal. Health and Safety Code §§ 17021.6 and 17021.8. Any changes to Cal. Health and Safety Code §§ 17021.6 and 17021.8 shall be deemed to supersede and govern any conflicting provisions contained herein.
(Ord. 2243-C-S, passed 12-10-2024)

§ 9-5.3852 REPLACEMENT OF DWELLING UNITS.

   (A)   No project shall be approved that will require the demolition of occupied or vacant protected units, unless the project complies with the applicable replacement requirements of Cal. Gov’t Code § 66300.6(b).
   (B)   A housing development project shall not be approved if it requires demolition of one or more residential dwelling units unless the project will create at least as many units as will be demolished.
   (C)   For any project on a non-vacant site identified in the General Plan Housing Element inventory of adequate sites, dwelling units shall also be replaced consistent with Cal. Gov’t Code § 65915(c)(3).
   (D)   The terms used in this section are as defined in Cal. Gov’t Code § 66300.5, and Antioch Municipal Code § 9-5.203.
(Ord. 2243-C-S, passed 12-10-2024)

22. Pursuant to Government Code Section 65583(c)(3), transitional housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Transitional housing developments must meet the definition of Government Code Section 65582(j). Developments which do not meet such requirements shall require approval of a use permit.

(Am. Ord. 930-C-S, passed 7-29-97; Am. Ord. 1080-C-S, passed 10-24-06; Am. Ord. 2072-C-S, passed 10-22-13; Am. Ord. 2075-C-S, passed 11-26-13; Am. Ord. 2077-C-S, passed 12-10-13; Am. Ord. 2089-C-S, passed 6-24-14; Am. Ord. 2096-C-S, passed 2-24-15; Am. Ord. 2143-C-S, passed 6-26-18; Am. Ord. 2158-C-S, passed 12-11-18; Am. Ord. 2169-C-S, passed 6-25-19; Am. Ord. 2178-C-S, passed 1-28-20; Am. Ord. 2203-C-S, passed 1-25-22; Am. Ord. 2208-C-S, passed 3-8-22; Am. Ord. 2211-C-S, passed 4-26-22; Am. Ord. 2224-C-S, passed 2-14-23; Am. Ord. 2235-C-S, passed 11-28-2023; Am Ord. 2237-C-S, passed 11-28-2023; Am. Ord. 2243-C-S, passed 12-10-2024)