Chapter 23.919
SPECIAL REGULATED USES
Sections:
23.919.010 Purpose and applicability.
23.919.030 Check cashing businesses.
23.919.050 Recycling facility, collection.
23.919.060 Sexually oriented business.
23.919.100 Smokers’ lounge, hookah bar, e-cigarette lounge and vapor lounge/bar.
23.919.010 Purpose and applicability.
A. Purpose. The purpose of this chapter is to establish site planning, development, and/or operating standards for special regulated uses within individual or multiple zoning districts. These provisions apply to card rooms, check cashing businesses, pawnshops, recycling facilities (collection), sexually oriented businesses, smoke shops, tattoo parlors, smokers’ lounges, hookah bars, e-cigarette lounges, and thrift stores. It is the city’s intent, in establishing these standards, to mitigate the potential adverse impacts of these uses and activities on adjacent and surrounding land uses by requiring special siting and location standards.
B. Applicability. The regulations and standards contained in this chapter shall apply only to those uses expressly identified in the corresponding section and shall be in addition to any other development standards and regulations contained elsewhere within this zoning code (e.g., lighting, landscaping, parking). These uses may only be located in those zoning districts as described in, and shall only be authorized in concert with the permit requirements of, Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards). Specifically, this chapter covers those uses within the special regulated uses land use category. Other land use categories are addressed in other chapters of this article. [Ord. 4-2017 § 3 (Exh. B); Ord. 1-2016 § 7; Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.7.010)].
23.919.020 Card room.
A. Purpose and Applicability. The regulations contained in this section shall apply to all new and qualifying expansion of existing card rooms as defined in RCMC 23.1104.040 (Land use definitions). The establishment of new card rooms shall be consistent with the allowed use provisions of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) and the standards contained within this section, as well as other development standards as required in the underlying zoning district. Where the standards of the underlying district conflict with the standards herein, these standards shall apply. The purpose of these regulations is to prevent the overconcentration of card rooms within the city and ensure compatibility with surrounding uses by requiring additional lighting and site maintenance.
B. Business License. All new card rooms shall comply with the business license requirements of Chapter 4.22 RCMC.
C. Location. All new card rooms shall be located consistent with the following standards:
1. Located a minimum of 1,000 feet from another card room.
2. Located a minimum of 500 feet from a public school, community center, or library.
D. Development Standards. In addition to the development standards of the underlying zoning district, the following special standards apply to all new card rooms:
1. Lighting. Card rooms shall maintain lighting consistent with the provisions of RCMC 23.725.060(D) (Level of Illumination).
2. Site Maintenance. Management shall be responsible for the removal of litter from adjacent property and streets that results from the card room (with adjacent property owner consent). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.7.020)].
23.919.030 Check cashing businesses.
A. Purpose and Applicability. The standards of this section shall apply to all new and qualifying expansion of existing check cashing businesses as defined in RCMC 23.1104.040 (Land use definitions) and as permitted in those zoning districts as described in Article 3 of this title (Zoning Districts, Allowed Uses, and General Development Standards). The provisions of this section shall apply in addition to other regulations of this zoning code. In those instances where there are conflicts between other sections and this section, the provisions of this section shall apply. The purpose of these regulations is to prevent the overconcentration of check cashing businesses and ensure compatibility with surrounding uses by requiring additional lighting, security, and maintenance, as well as limiting the hours of operation.
B. Location. All new check cashing businesses shall be located consistent with the following standards:
1. Located a minimum of 1,000 feet from another check cashing establishment;
2. Located a minimum of 500 feet from all of the following uses:
a. Public school, community center, or library;
b. State or federally chartered bank, savings association, credit union, or industrial loan company; and
c. Alcoholic beverage sales, excluding restaurants, grocery stores/supermarkets, and neighborhood markets.
C. Development Standards. In addition to the development standards of the underlying zoning district, the following special standards apply to all new check cashing businesses:
1. Lighting. Check cashing businesses shall maintain lighting consistent with the provisions of RCMC 23.725.060(D) (Level of Illumination).
2. Days and Hours of Operation. Operation of check cashing establishments shall be limited to Monday through Saturday, from 7:00 a.m. to 7:00 p.m.
3. Site Maintenance. Management shall be responsible for the removal of litter from adjacent property and streets that results from the check cashing business (with adjacent property owner consent).
4. On-Site Security. A minimum of one certified uniformed security guard shall be on duty at all times the establishment is open. The guard shall patrol both the interior and exterior portions of the property under control of the owner or lessee including, but not limited to, parking lots and any open public spaces such as lobbies. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.7.030)].
23.919.040 Pawnshop.
A. Purpose and Applicability. The regulations contained in this section shall apply to all new and qualifying expansion of existing pawnshops as defined in RCMC 23.1104.040 (Land use definitions). The establishment of new pawnshops shall be consistent with the allowed use provisions of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) and the standards contained within this section, as well as other development standards as required in the underlying zoning district. Where the standards of the underlying district conflict with the standards herein, these standards shall apply. The purpose of these provisions is to limit the overconcentration of pawnshops within the city by applying minimum distance standards between pawnshops and other sensitive land uses and ensuring compatibility with surrounding uses by limiting the hours of operation.
B. Business License. All new pawnshops shall comply with the business license requirements of Chapter 4.30 RCMC.
C. Location and Development Standards. In addition to the development standards of the underlying zoning district, the following special standards shall apply to all new pawnshops:
1. Location. New pawnshops shall not be located closer than 1,000 feet from an existing pawnshop and no closer than 250 feet from a public school, park, community center, or library.
2. Hours of Operation. The hours of operation of pawnshops shall be limited to between 8:00 a.m. and 9:00 p.m. daily. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.7.040)].
23.919.050 Recycling facility, collection.
A. Purpose and Applicability. The regulations contained in this section shall apply to all recycling collection facilities as defined in RCMC 23.1104.040 (Land use definitions). The establishment of recycling collection facilities shall be consistent with the allowed use provisions of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) and the standards contained within this section, as well as other development standards as required in the underlying zoning district (e.g., setbacks, screening requirements, etc.). Where the standards of the underlying district conflict with the standards herein, these standards shall apply. The purpose of these provisions is to provide for compatibility with surrounding uses by requiring additional setbacks, limitation on mechanical equipment, and special parking provisions.
B. Location. New recycling collection facilities shall not be located within 75 feet of a residential use or residential zoning district and shall not be located within a required setback. Must serve a state-defined “convenience zone” (typically within one-half-mile radius of a full service market with more than $2,000,000 in annual sales).
C. Development Standards. All new recycling collection facilities shall observe all development standards of the underlying zoning district, except that they shall also comply with the following additional standards:
1. Recycling facilities can accept only post-consumer recyclable containers comprised of glass, plastic, or metal commonly found in household-generated waste. Scrap metal shall not be accepted.
2. Power-driven processing equipment shall not be used except for reverse vending machines.
3. Containers must be constructed with durable waterproof and rustproof material(s), secure from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule.
4. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.
5. Use of parking spaces by the facility and by the attendant shall not reduce available parking spaces below the minimum number required for the main use unless a parking study shows that existing capacity is not fully utilized during the time the mobile recycling facility would be on the site.
6. Facilities shall be maintained free of litter. All convenience facilities shall be swept and cleaned of all debris at the end of each day. Materials shall not be left outside when attendant is not present.
7. The design of the facility shall meet the following requirements:
a. Shall not impair the existing required landscaping.
b. Design and color of the facility shall be compatible with the existing use on the site.
c. Improvements to the recycling facility shall be required to ensure compatibility with existing buildings, including but not limited to landscaping, screening, trailer skirting, and parking lot improvements. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.7.050)].
23.919.060 Sexually oriented business.
A. Purpose.
1. As defined in this section, “sexually oriented businesses” include adult bookstores, adult motion picture theaters, adult live theaters, and adult video tape stores. Subparagraph (g) of Government Code Section 65850 provides that the city may regulate, pursuant to a content-neutral ordinance, the time, place, and manner of operation of sexually oriented businesses. As hereinafter set forth, the council has determined that the regulations of this section serve a substantial governmental interest and do not unreasonably limit alternative avenues of communication and are based on narrow, objective, and definite land use standards.
In adopting this section, the council relied upon the experience of the city of Renton and the city of Seattle and the findings of federal and state court decisions in establishing the reasonableness and the constitutionality of the provisions of this section and the reliance thereto the specific effects such adult businesses may have on the residents and businesses of Rancho Cordova, and the proximity of such businesses to other land uses, including but not limited to churches, schools, parks, places frequented by children, and other sexually oriented businesses.
2. The council, as a result of concerns regarding the harmful secondary effects of sexually oriented businesses, finds that such establishments require special regulations to restrict the location, operation, and concentration of these businesses.
3. Increasing urbanization, changing community standards, and evolving legal standards for the regulation of such sexually oriented businesses dictated that the city of Rancho Cordova address its regulations of such establishments so as to provide for such uses, taking into consideration the compatibility thereof with existing land uses and land use regulations, and to minimize the cumulative impacts and harmful secondary effects.
4. The council recognizes that the land uses regulated by this section constitute protected expressions of speech and that said uses must be permitted, and reasonably available to potential patrons, within certain areas of the city of Rancho Cordova. The council also recognizes that the nature of such uses, and the activities of patrons on or near the premises on which the adult uses are located, can be a threat to the public health and safety and the welfare of the citizens of the city of Rancho Cordova. The council is fully aware that the activities conducted in such businesses are provided protection under the federal and state Constitutions. Accordingly, the council finds that the regulations of this section are based on narrow, objective, and definite standards that are intended to provide a reasonable number of available sites for such uses while minimizing the harmful secondary effects of these uses.
B. Location Conditions.
1. Sexually oriented businesses are permitted subject to compliance with the following conditions:
a. Such use is more than 1,000 feet from any residential zoning district as identified in Chapter 23.310 RCMC (amended June 2010).
b. Such use is situated more than 1,000 feet from any other sexually oriented business.
c. Such use is located more than 1,000 feet from any of the following uses:
i. Single-family, duplex, or multifamily residences;
ii. Clinic, child/family guidance;
iii. Library;
iv. Public park;
v. Church;
vi. Citizens improvement club/community center;
vii. Public or private K-12 school;
viii. Indoor or outdoor recreation facilities that are primarily designed to serve persons under the age of 18.
d. The 1,000-foot separation shall be measured as a radius from the primary entrance of the sexually oriented business to the property lines of the property so zoned or used.
e. No more than three such uses shall be permitted within the boundary of the planning area for a community planning advisory council established by the council pursuant to the Rancho Cordova Municipal Code.
f. Such use is situated in either an LIBP, M-1, or M-2 land use zone. [Ord. 4-2017 § 3 (Exh. B); Ord. 15-2015 § 6; Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 7-2010 § 3; Ord. 27-2008 § 1 (Exh. A § 5.7.060)].
23.919.070 Smoke shop.
A. Purpose and Applicability. The regulations contained in this section shall apply to new and qualifying expansion of existing smoke shops as defined in RCMC 23.1104.040 (Land use definitions). The establishment of new smoke shops shall be consistent with the allowed use provisions of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) and the standards contained in this section, as well as other development standards as required in the underlying zoning district. Where the standards of the underlying district conflict with the standards herein, these standards shall apply. The purpose of these regulations is to limit the overconcentration of smoke shops in the city by applying minimum distance standards between smoke shops and ensuring compatibility with the surrounding community by limiting the location of smoke shops near schools, parks, community centers, and libraries.
B. Location. Smoke shops shall not be located closer than 500 feet from another smoke shop and no closer than 1,000 feet from a public school, park, community center, or library. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.7.070)].
23.919.080 Tattoo parlor.
A. Purpose and Applicability. The regulations contained in this section shall apply to new and qualifying expansion of existing tattoo parlors as defined in RCMC 23.1104.040 (Land use definitions). The establishment of new tattoo parlors shall be consistent with the allowed use provisions of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) and the standards contained in this section, as well as other development standards as required in the underlying zoning district. Where the standards of the underlying district conflict with the standards herein, these standards shall apply. The purpose of these regulations is to limit the overconcentration of tattoo parlors in the city by applying minimum distance standards between tattoo parlors and ensuring compatibility with the surrounding community by limiting the location of tattoo parlors near schools, parks, community centers, and libraries.
B. Location. Tattoo parlors shall not be located closer than 1,000 feet from another tattoo parlor and no closer than 250 feet from a public school, park, community center, or library. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.7.080)].
23.919.090 Thrift store.
A. Purpose and Applicability. The regulations contained in this section shall apply to new and qualifying expansion of existing thrift stores as defined in RCMC 23.1104.040 (Land use definitions). The establishment of new thrift stores shall be consistent with the allowed use provisions of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) and the standards contained in this section, as well as other development standards as required in the underlying zoning district. Where the standards of the underlying district conflict with the standards herein, these standards shall apply. The purpose of these regulations is to limit the overconcentration of thrift stores in the city by applying minimum distance standards between thrift stores and ensuring compatibility with surrounding uses by requiring special standards for collection/receiving and refuge areas and requiring additional property maintenance.
B. Location. Thrift stores shall not be located closer than 1,000 feet from another thrift store.
C. Development Standards. All new thrift stores shall observe all development standards of the underlying zoning district, except that they shall also comply with the following additional standards:
1. Enclosed Activities. All activities shall be completely enclosed within the building for the use.
2. Collection/Receiving Area. The collection area shall be located on the side or rear of the building. Adequate directional signage shall be provided from the main entrance to the use to direct individuals to the collection area. The collection area shall be noticed to prohibit depositing goods when the store is closed.
3. Property Maintenance. Management shall be responsible for the removal of litter from the subject property, adjacent property, and streets that results from the thrift store (with adjacent property owner consent). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.7.090)].
23.919.100 Smokers’ lounge, hookah bar, e-cigarette lounge and vapor lounge/bar.
A. Purpose and Findings.
1. The council finds that the use of hookah pipes, electronic cigarettes, and other similar devices in smokers’ lounges, hookah bars, and vapor bars/lounges and the activities associated with such businesses (including loud music, large numbers of customers congregating for long periods, etc.) have been associated with increases in odors, noise, vapors, secondhand smoke, parking impacts, loitering, and disturbances in the peace. The purpose of this section is to prevent the overconcentration of this land use and to mitigate the negative impacts associated with this land use.
2. The council also finds that smoking and vaping uses expose minors to dangerous secondhand smoke by-products and increase the potential for minors to associate smoking of electronic tobacco devices and hookah pipes with a normative or healthy lifestyle.
3. The council also finds that the tobacco smoke, including secondhand smoke, from hookah pipes and electronic cigarettes contributes to indoor air pollution and is a significant health hazard and carcinogen to smokers and nonsmokers alike, including employees of smokers’ lounges and hookah bars.
4. The U.S. Food and Drug Administration conducted laboratory analysis of electronic cigarette samples and found them to contain carcinogens and toxic chemicals to which users and bystanders could potentially be exposed, suggesting that the same health and public nuisance concerns present with conventional cigarettes exist with electronic cigarettes.
5. The U.S. Centers for Disease Control and Prevention reports that smoking a hookah has many of the same health risks as cigarette smoking; that hookah use by youth is increasing; that the charcoal used to heat hookah tobacco can have negative health risks because it produces high levels of carbon monoxide, metals, and carcinogens; that hookah smokers may absorb more of the toxic substances also found in cigarette smoke than cigarette smokers do; that secondhand smoke from hookahs can be a health risk for nonsmokers; and that new forms of electronic hookah smoking are now on the market and very little information is available on the health risks of electronic tobacco products.
6. The city has banned indoor smoking in places accessible to the public under Chapter 6.84 RCMC (Regulation of Smoking). However, California Labor Code Section 6404.5(d)(4) allows for indoor smoking within retail or wholesale tobacco shops and private smokers’ lounges and such businesses do currently exist within the city; and therefore the council finds that it is necessary to enact clear and defined regulations for this use.
B. Applicability.
1. The provisions of this section shall apply in addition to other regulations of this zoning code and municipal code. In the event of a conflict between other sections and this section, this section shall control.
2. The provisions of this section shall apply to new facilities established following the effective date of the ordinance codified in this title. All legal, code-compliant smokers’ lounges, hookah bars, vapor bars, and e-cigarette lounges currently located in the city shall become legal, nonconforming uses and as such must comply with the regulations set forth in Chapter 23.170 RCMC.
C. Location. Smokers’ lounges, hookah bars, e-cigarette lounges, and vapor bars/lounges shall only be permitted in general commercial (GC) and light industrial (M-1) zoning districts.
D. Operational and Development Standards. The following operational and development standards shall apply to all smokers’ lounges, hookah bars, vapor bars, and e-cigarette lounges in the city and shall be included as conditions imposed upon any license, permit, or other entitlement granted for such a business:
1. Distance Requirements. All e-cigarette lounges, hookah bars, vapor bars, and smokers’ lounges shall be located at least 500 feet from other e-cigarette lounges, hookah bars, smokers’ lounges, smoke shops, and tobacco shops. All e-cigarette lounges, hookah bars, vapor bars, and smokers’ lounges shall be located at least 1,000 feet from the following:
a. Public or private K-12 schools and day cares.
b. Libraries.
c. Churches.
d. Community and recreation centers.
e. Liquor stores.
f. Sexually oriented businesses.
g. Tattoo parlors.
h. Pawnshops.
i. Bars and nightclubs.
j. Card rooms.
k. Check cashing businesses.
l. Parks.
m. Residential zones.
2. The business shall be owner-operated or otherwise exempt from the prohibition of smoking in the workplace pursuant to California Labor Code Section 6404.5.
3. The establishments shall operate in compliance with all federal, state, county, and local laws and regulations.
4. Minors Prohibited. No persons under 21 years of age shall be permitted within the establishment, including as employees, and business owners or operators shall require proof of identification to verify the age of customers, visitors, and employees. This means that all employees must be at least 21 years of age.
5. Parking Standards. Parking shall be provided under the standards established for bars and nightclubs in Table 23.719-1, as may be amended from time to time.
6. Hours of Operation. Operating hours shall be limited to 8:00 a.m. to 10:00 p.m.
7. Indoor Operation Only. All business-related activity, including smoking, shall be conducted entirely within a building. Outdoor seating, operating outdoor barbecues or braziers, and/or lighting coals outdoors shall not be permitted.
8. Entertainment and Admission Charges Prohibited. No live entertainment, including dancers, singers, disc jockeys, or comedians shall be permitted within the business. No admission charges, including a cover charge or minimum purchase requirement, shall be permitted.
9. Food and beverages, including alcoholic beverages and prepackaged food and beverages, shall not be sold, served, or consumed on the premises.
10. Visibility and Illumination. No window coverings or signage shall prevent visibility of the interior of the establishment from the outside during operating hours. The interior of the establishment shall have lighting adequate to make the conduct of patrons within the establishment readily discernible to people of normal visual capabilities.
11. Ventilation. Adequate ventilation must be provided in accordance with all standards imposed by the building official and fire department, and those establishments by state or federal laws. The requirements imposed by the building official or fire department may be more comprehensive than current building codes to prevent negative health and nuisance impacts on neighboring properties, including a requirement for a separate system to prevent smoke and vapors from migrating to adjoining suites or buildings. The ventilation shall, at a minimum, prevent smoke and vapors from migrating into adjacent buildings and/or suites and to outdoor public areas. A mechanical exhaust hood system shall be required if an establishment heats coals indoors.
12. Noise. Any amplified noise shall be subject to the regulations established in the municipal code, including those in Chapter 6.68 RCMC (Noise Control) and Chapter 23.737 RCMC (Noise, Odor, and Vibration Performance Standards), as may be amended from time to time.
13. Security. Uniformed security guard(s) shall be provided, as deemed necessary by the chief of police or his/her designee.
E. Penalties and Enforcement. Any violation of this section shall be enforced under Chapter 23.173 RCMC. [Ord. 10-2022 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 1-2016 § 2].