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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)
(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)
(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.
SOLD OR TRANSFERRED. Any assignment, delegation, designation, sale, or transfer of real property or interests in real property, including but not limited to:
(a) A change to the name of the operator on the city business license;
(b) A change in the leaseholder of the commercial space;
(c) A change to the name listed on any other official government document related to the business.
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 this section may continue to operate as nonconforming uses.
(2) Those tobacco retailers having 20% or more of their floor area devoted to the sale or display of tobacco products or drug paraphernalia retailers are subject to the following additional provisions:
(a) The tobacco retailer or drug paraphernalia retailer may be sold and transferred at any point prior to January 1, 2023.
(b) From January 1, 2023 onward, the tobacco retailer or drug paraphernalia retailer may not be sold or transferred.
(3) 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 (B) 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.
(d) 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.
(2) 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) 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)
(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)
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)
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