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(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)
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)
(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)
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)
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)
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