§ 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)