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Antioch, CA Code of Ordinances
City of Antioch, California Code of Ordinances
ADOPTING ORDINANCE
TITLE 1: GENERAL PROVISIONS
TITLE 2: ADMINISTRATION
TITLE 3: FINANCE
TITLE 4: PUBLIC SAFETY
TITLE 5: PUBLIC WELFARE, MORALS, AND CONDUCT
TITLE 6: SANITATION AND HEALTH
TITLE 7: PUBLIC WORKS
TITLE 8: BUILDING REGULATIONS
TITLE 9: PLANNING AND ZONING
CHAPTER 1: [RESERVED]
CHAPTER 2: OFFICIAL PLAN LINES
CHAPTER 3: DEVELOPMENT IMPACT FEES
CHAPTER 4: SUBDIVISIONS
CHAPTER 5: ZONING
ARTICLE 1: TITLE, PURPOSE, SCOPE, AND ADOPTION OF PLAN
ARTICLE 2: DEFINITIONS
ARTICLE 3: ESTABLISHMENT OF DISTRICTS
ARTICLE 4: [RESERVED]
ARTICLE 5: SIGN REGULATIONS
ARTICLE 6: HEIGHT AND AREA REGULATIONS AND TABLE
ARTICLE 7: MULTI-FAMILY RESIDENTIAL OBJECTIVE DESIGN STANDARDS
ARTICLE 8: PROJECTIONS INTO YARDS
ARTICLE 9: SPECIAL USE REGULATIONS
ARTICLE 10: LANDSCAPING AND IRRIGATION
ARTICLE 11: SITE OBSTRUCTIONS AT INTERSECTIONS
ARTICLE 12: TREE PRESERVATION AND REGULATION
ARTICLE 13: SCREENING OF MECHANICAL EQUIPMENT/OUTDOOR STORAGE
ARTICLE 14: REFUSE STORAGE AREA DESIGN GUIDELINES
ARTICLE 15: UNDERGROUND UTILITIES
ARTICLE 16: FENCES, WALLS, HEDGES AND SCREEN PLANTINGS
ARTICLE 17: PARKING REQUIREMENTS
ARTICLE 18: BUILDING MOVING
ARTICLE 19: NOISE ATTENUATION REQUIREMENTS
ARTICLE 20: SWIMMING POOLS AND HOT TUBS
ARTICLE 21: FIRE RETARDANT ROOFING MATERIALS
ARTICLE 22: HOME SIZE MODIFICATIONS
ARTICLE 23: PLANNED DEVELOPMENT DISTRICT
ARTICLE 24: HILLSIDE PLANNED DEVELOPMENT DISTRICT
ARTICLE 25: PLANNING COMMISSION AND ZONING ADMINISTRATOR
ARTICLE 26: DESIGN REVIEW DUTIES AND RESPONSIBILITIES
ARTICLE 27: DESIGN REVIEW, USE PERMITS, ADMINISTRATIVE USE PERMITS AND VARIANCES
ARTICLE 28: AMENDMENTS
ARTICLE 29: INTERPRETATIONS, ENFORCEMENT AND PENALTY
ARTICLE 30: NONCONFORMING USES AND STRUCTURES
ARTICLE 31: CONDOMINIUM CONVERSIONS
ARTICLE 32: DEVELOPMENT AGREEMENTS
ARTICLE 33: SPECIFIC PLANS
ARTICLE 34: SENIOR HOUSING OVERLAY DISTRICT
ARTICLE 35: DENSITY BONUS PROGRAM
ARTICLE 36: ZONING MAP
ARTICLE 37: DETERMINATION OF BOUNDARIES
ARTICLE 38: LAND USE REGULATIONS
§ 9-5.3801 SUMMARY OF ZONING DISTRICTS.
§ 9-5.3802 INTRODUCTION TO LAND USE REGULATIONS.
§ 9-5.3803 TABLE OF LAND USE REGULATIONS.
§ 9-5.3804 [RESERVED].
§ 9-5.3805 ACCESSORY DWELLING UNITS.
§ 9-5.3806 HELIPORTS.
§ 9-5.3807 ANTENNAS AND MICROWAVE EQUIPMENT.
§ 9-5.3808 ADULT ENTERTAINMENT BUSINESSES.
§ 9-5.3808.1 ADULT BOUTIQUES.
§ 9-5.3809 AGRICULTURAL USES.
§ 9-5.3810 BOAT, R.V., AND OUTDOOR STORAGE.
§ 9-5.3811 REVERSE VENDING MACHINES.
§ 9-5.3812 SMALL COLLECTION FACILITIES.
§ 9-5.3813 LARGE COLLECTION FACILITIES.
§ 9-5.3814 HEAVY PROCESSING FACILITIES.
§ 9-5.3815 AUTOMOBILE SERVICE STATIONS.
§ 9-5.3816 MECHANICAL OR ELECTRONIC GAMES.
§ 9-5.3817 SMALL AND LARGE FAMILY DAY CARE HOMES.
§ 9-5.3818 [RESERVED].
§ 9-5.3819 BED AND BREAKFAST INNS.
§ 9-5.3820 [RESERVED].
§ 9-5.3821 TEMPORARY CONSTRUCTION BUILDINGS AND USES.
§ 9-5.3822 REMOVAL OF EARTH.
§ 9-5.3823 SIDEWALK CAFE; OUTDOOR FOOD SERVICE.
§ 9-5.3824 NURSERIES; HORTICULTURE.
§ 9-5.3825 VEHICLE EQUIPMENT SALES AND RENTALS.
§ 9-5.3826 HAZARDOUS WASTE FACILITY.
§ 9-5.3827 “H” OVERLAY ZONE.
§ 9-5.3828 SPECIAL OUTDOOR EVENTS.
§ 9-5.3828.1 OUTDOOR RETAIL SALES.
§ 9-5.3829 CHRISTMAS TREE AND PUMPKIN SALE LOTS.
§ 9-5.3830 PARKING AND STORAGE OF MOTOR VEHICLES ON RESIDENTIAL PARCELS.
§ 9-5.3831 LIQUOR ESTABLISHMENTS.
§ 9-5.3832 CHURCHES, PRESCHOOLS, PRIVATE ELEMENTARY, MIDDLE AND HIGH SCHOOLS, AND DAY CARE CENTERS IN RESIDENTIALLY ZONED DISTRICTS.
§ 9-5.3833 FIREARMS SALES.
§ 9-5.3834 STUDY DISTRICT (S).
§ 9-5.3835 COMPUTER GAMING AND INTERNET ACCESS BUSINESSES.
§ 9-5.3836 COMMUNITY SUPERVISION PROGRAMS.
§ 9-5.3837 EXCLUSIVE PARKING DISTRICT (P).
§ 9-5.3838 BOARDING AND ROOMING HOUSES.
§ 9-5.3839 EMERGENCY SHELTERS.
§ 9-5.3840 RESIDENTIAL CARE FACILITIES.
§ 9-5.3841 RESIDENTIAL HOTELS.
§ 9-5.3842 CORRECTIONAL FACILITIES.
§ 9-5.3843 TOBACCO AND PARAPHERNALIA RETAILERS.
§ 9-5.3844 BINGO OPERATIONS.
§ 9-5.3845 CANNABIS BUSINESSES.
§ 9-5.3846 WIRELESS COMMUNICATIONS FACILITIES.
§ 9-5.3847 WITHDRAWALS OF PLANNING APPLICATIONS AND ACTIONS.
§ 9-5.3848 TEMPORARY CANNABIS EVENTS.
§ 9-5.3849 COMMERCIAL INFILL HOUSING OVERLAY DISTRICT.
§ 9-5.3850 INNOVATIVE HOUSING OVERLAY DISTRICT.
ARTICLE 39: REASONABLE ACCOMMODATION
ARTICLE 40: RESIDENTIAL GROWTH MANAGEMENT
ARTICLE 41: RRMP RODDY RANCH MASTER PLAN DISTRICT
ARTICLE 42: PROHIBITION ON CONVERSION OF SENIOR MOBILEHOME PARKS
TITLE 10: PARKS AND RECREATION
TITLE 11: TENANT PROTECTIONS
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 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)
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