A.

Purpose. This Section provides standards for the establishment and operation of residential care facilities.

B.

Applicability. The standards in this Chapter apply to residential, group or community care facilities where allowed in compliance with Chapter 18.10 (Residential Zones).

C.

Development and Operational Standards.

1.

Residential Care Facilities Serving Six or Fewer Persons. Each residential care facility shall conform to the property development standards for the land use zoning district in which it is located.

2.

Residential Care Facilities Serving Seven or More Persons.

a.

Applicable Land Use Zoning District Development Standards. Each residential care facility shall conform to the property development standards for the land use zoning district in which it is located.

b.

Additional Application Filing Requirements. The following information shall accompany the conditional use permit application for a residential care facility:

i.

Client profile (the subgroup of the population of the facility is intended to serve such as single men, families, elderly, minor children, developmentally disabled, etc.);

ii.

Maximum number of occupants and hours of facility operation;

iii.

Term of client stay;

iv.

Support services to be provided on-site and projected staffing levels; and

v.

Rules of conduct and/or management plan.

c.

Separation. Residential care facilities shall not be located within 300 feet of another similar facility, except that the separation requirement shall be increased to 1,000 feet, as measured from the nearest outside building walls where the other use is a parolee/probationer or sober living home.

d.

Walls. Residential care facilities shall provide a six-foot high solid decorative block wall along all property lines, except in the front yard. Walls shall provide for safety with controlled points of entry and shall incorporate decorative materials and features.

e.

Landscaping. On-site landscaping shall be regularly maintained, including providing irrigation.

f.

Outdoor Lighting. Outdoor lighting shall comply with Chapter 18.60 (Off-Street Parking).

g.

Parking. All garage and driveway spaces associated the facility shall, at all times, be available for the parking of vehicles. The precise number of parking spaces required will be determined by the operating characteristics of the specific proposal.

h.

Signs. No commercial identification signs shall be allowed within a residential land use zoning district.

i.

Sleeping Areas. No room commonly used for other purposes shall be used as a sleeping room for any resident, visitor, or staff person. This includes any hall, stairway, unfinished attic, garage, storage area, shed or similar detached building.

j.

Fire Department Requirements. Each residential care facility shall provide fire extinguishers and smoke detector devices and shall meet all standards established by the Fire Chief.

k.

Noise. Outdoor activities shall be conducted only between the hours of 7:00 a.m. and 9:00 p.m.

l.

Applicable Health and Safety Regulations. Residential care facilities shall be operated in compliance with applicable State and local health and safety regulations.

m.

Required Permits and Licenses. Residential care facilities shall be in conformance with the California Building Code. A certificate of occupancy shall be obtained from the Building and Safety Division before occupancy of residential care facilities.

(Ord. No. 264, § 25, 6-12-2012)

A.

In addition to the requirements for a conditional use permit and Section 18.82.010 (Residential care facilities) single room occupancy uses shall comply with the following:

1.

Occupancy. No more than one Federal, State or youth authority parolees shall be allowed to live in the single room occupancy facility.

2.

Number of Occupants. The California Building Code shall determine the number of occupants in single room occupancy facility.

3.

Application. The conditional use permit application submitted for the use shall identify whether any tenants are currently Federal, State or youth authority parolees. Owners and or operators of approved single room occupancy facilities shall update the information required by this Section anytime a person that is a Federal, State or youth authority parolee is provided accommodations at a single room occupancy facility.

4.

Crime Prevention Program. The operator of a single room occupancy facility shall require tenants to sign a crime free lease addendum as part of their lease or rental agreement. A sample crime free lease addendum shall be provided by the City. The crime free lease addendum shall provide that any criminal violations perpetrated by tenants shall be grounds for termination of the written or oral lease sublease or agreement under which they reside at the transitional facility.

5.

Crime Free Multi-Housing Program. The facility's management shall participate in any formal residential crime prevention program (i.e., Crime Free Multi-Housing Program) provided by the City or the County of San Bernardino and as required under the conditional use permit. If the program offers certification then that certification shall be obtained and maintained in current status.

6.

Compliance. Single room occupancy facilities shall be in compliance with all requirements of the City Zoning Code and their approved conditional use permit at all times. Violation of any local, State or Federal laws by individual tenants while on the premises shall be grounds for revocation of the permit, including but not limited to, violations of California Penal Code § 3003.5.

7.

Nuisance. No single room occupancy facility shall be maintained as a nuisance.

8.

Revocation. Violations of any of the provisions in this Section or the approved conditional use permit authorizing the single room occupancy facility shall be grounds for revocation. The procedures for revocation contained in Chapter 18.83 of this Title shall be followed.

(Ord. No. 298, § 14, 10-11-2016)

Editor's note— Ord. No. 298, § 14, adopted October 11, 2016, amended Section 18.82.020 in its entirety to read as herein set out. Formerly, Section 18.82.020 pertained to transitional and supportive housing, and single room occupancy facilities, and derived from Ord. No. 264, § 25, adopted June 25, 2012.

A.

Purpose. The regulation of tobacco retailers is necessary and in the interests of the public health, safety and general welfare because there is the substantial likelihood of the establishment and operation of tobacco retailers in the City. The proliferation of tobacco retailers in the City would result in undesirable impacts to the community. Among these impacts are increased potential for tobacco sales to minors, greater opportunity for the sale of illegal drug paraphernalia that is marketed as tobacco paraphernalia, and heightened risk of negative aesthetic impacts, blight, and loss of property values of residential neighborhoods and businesses in close proximity to such uses. This Section contains amendments consistent with good zoning and planning practices to address such negative impacts of tobacco retailers while providing a reasonable number of locations and zones for such uses to locate within the City.

B.

Definitions.

1.

"Amusement device" shall mean any device, whether mechanical, electrical, electronic, computerized, or similar object, which by payment of a fee, or insertion of a coin or token, may be operated for the primary purpose of amusement. The term amusement machine does not include any device or object the primary purpose of which is to play music.

2.

"Ancillary sale" shall mean where a grocery store, supermarket, convenience store or other similar market uses no more than five percent of its gross floor area, or 250 square feet, whichever is less for the display, sale, distribution, delivery, offering, furnishing, or marketing of conventional cigars cigarettes, e-cigarettes or tobacco. For any grocery store, convenience market, retail kiosk or similar use consisting of 250 square feet or less, "ancillary sale" shall mean where no more than five square feet are used for the display sale, distribution, deliver, offering, furnishing or marketing of conventional cigars cigarettes, e-cigarettes or tobacco. The display, sale, distribution, delivery, offering, furnishing, or marketing of any other tobacco products or tobacco paraphernalia, regardless of square footage used, is subject to the restrictions of this Chapter and shall not constitute "ancillary sale" under any circumstance.

3.

"Electronic cigarette" means an electronic and/or battery operated device, the use of which may resemble smoking that can be used to deliver an inhaled dose of nicotine or other substances and that causes the user to exhale any smoke, vapor, or substance other than that produced by unenhanced human exhalation. "Electronic cigarette" includes any such device, whether manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, a vapor cigarette or any other product name or descriptor.

4.

"Electronic cigarette retailer" means any establishment that sells electronic cigarettes.

5.

"Tobacco paraphernalia" shall mean any paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of tobacco, tobacco products, or other controlled substances as defined in California Health and Safety Code Section 11054 et seq. Items or devices classified as tobacco paraphernalia include but are not limited to the following: pipes, punctured metal bowls, bongs, water bongs, electric pipes, e-cigarettes, e-cigarette juice, buzz bombs, vaporizers, hookahs, and devices for holding burning material. Lighters and matches shall be excluded from the definition of tobacco paraphernalia

6.

"Tobacco products" means any substance containing the tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product of formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

7.

"Tobacco store and smoke shop" means any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, tobacco related products, electronic smoking devices, or tobacco paraphernalia; provided however, that any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes, e-cigarettes or tobacco as an ancillary sale shall not be defined as a "smoke shop and tobacco store" and shall not be subject to the restrictions in this Chapter.

8.

"Vapor lounge" means any establishment that sells electronic cigarettes for consumption on site.

C.

Prohibition. The establishment of a vapor lounges and hookah lounges are prohibited in the City.

D.

Zoning. Notwithstanding any other provision of this Title to the contrary, smoke shops and tobacco stores shall be subject to a standard conditional use permit and only within the following zones, subject to the regulations contained in this Chapter:

1.

C2 General Commercial

2.

CM Commercial Manufacturing

3.

BRSP-General Commercial

4.

BRSP-Village Commercial

E.

Locational standards.

1.

Smoke shops and tobacco stores shall not be located within 1,000 feet, measured property line to property line, from a public school, child care facility, park, library, or community center.

2.

Smoke shops and tobacco stores shall not be located within 1,000 feet, measured property line to property line, from another smoke shop and tobacco store.

F.

Development and Operational Standards. Standard conditions of approval for any conditional use permit shall, at a minimum, include the following

1.

Minors, not accompanied by his or her parent or legal guardian, shall not be allowed or permitted to enter or remain within any smoke shop and tobacco store.

2.

Smoke shops and tobacco stores shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian. At least one such sign shall be placed in a conspicuous location near each public entrance to the smoke shop and tobacco store. It shall be unlawful for a smoke shop and tobacco store to fail to display and maintain, or fail to cause to be displayed or maintained, such signage.

3.

No smoking shall be permitted on the premises at any time.

4.

No sales may be solicited or conducted on the premises by minors.

5.

No self-service tobacco, tobacco product, or tobacco paraphernalia displays shall be permitted.

6.

There shall be no obstructions within the storefront windows and doors which would hinder visual surveillance of the interior of the tenant space from the outside of the premises during operating hours. Obstructions would include signage, window tint, window coverings, advertisements, etc.

7.

The interior of the business shall be maintained with adequate illumination to make the conduct of patrons within the premises readily discernible to persons of normal visual acuity.

8.

Food for consumption is not permitted on the premises.

9.

No alcoholic beverages shall be sold or consumed on the business premises.

10.

No amusement devices, shall be permitted anywhere within the business.

(Ord. No. 302, § 4, 1-10-2017)