Chapter 17.102 — SPECIAL REGULATED USES

The purpose of this chapter is to establish site planning, development, and/or operating standards for check cashing businesses, pawnshops, smoke shops, tattoo parlors, thrift stores, crematoriums, and massage establishments. 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 and imposing other special development standards.

(Ord. No. 1000 § 4, 2022)

• A. Applicability. The development standards of this section shall apply to all new check cashing business in the city.

• 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. Alcoholic beverage sales, excluding restaurants and grocery stores/supermarkets.

• C. Development standards. In addition to the development standards of the underlying zone, the following special standards apply to all new check cashing businesses:

  1. Lighting. Check cashing businesses shall maintain lighting consistent with the provisions of chapter 17.58 (Outdoor Lighting Standards).

  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).

• (Ord. No. 1000 § 4, 2022)

• A. Applicability. The development standards of this section shall apply to all new pawnshops in the city.

• B. 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.

• C. 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. No. 1000 § 4, 2022)

• A. Applicability. The development standards of this section shall apply to all new smoke shops in the city.

• B. Location. Smoke shops shall not be located closer than 1,000 feet from another smoke shop and no closer than 1,000 feet from a public school, park, community center, or library.

• C. Measurement of distance. The distance between a smoke shop and a sensitive use or another smoke shop shall be made in a straight line, without regard to the intervening structures or objects, from the closest exterior wall of the structure, or portion of the structure, in which the smoke shop is located, to the property line of the parcel on which the structure, or portion of the structure, in which the sensitive use or another smoke shop occurs or located.

• D. Signage. Smoke shops shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian. At least one such sign shall be placed in a conspicuous location near each public entrance to the smoke shop and tobacco store. It shall be unlawful for a smoke shop to fail to display and maintain, or fail to display and maintain such signage.

• E. Merchandise. Tobacco products shall be secured so that only store employees have immediate access to the tobacco products and/or tobacco paraphernalia. Self-service displays are prohibited.

  1. The area dedicated for the sale of tobacco paraphernalia shall not exceed five percent of gross floor area.

• F. Nonconforming smoke shops. Smoke shops that do not comply with the provisions of this section, but which were legally established on the date this section was adopted, shall acquire the status of a legally nonconforming use and shall be allowed to remain in existence subject to the provisions of this section and chapter 17.62 (Nonconforming Uses, Structures, and Lots).

• (Ord. No. 1000 § 4, 2022; Ord. No. 1017 § 10, 2023)

• A. Applicability. The development standards of this section shall apply to all new tattoo shops in the city.

• B. Location. Tattoo shops shall not be located closer than 1,000 feet from another tattoo shop and no closer than 500 feet from a public school, park, community center, or library.

• (Ord. No. 1000 § 4, 2022)

• A. Applicability. The development standards of this section shall apply to all new thrift stores in the city.

• 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 zone, 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. A dedicated collection area shall be established separate from the main patron entrance and may be located on the front, side or rear of the building. If the collection area is located in the front of the building, the bulk donation area shall be shielded from public view. 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. Site 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. No. 1000 § 4, 2022)

• A. Applicability. The development standards of this section shall apply to all crematoriums in the city.

• B. Location. All crematoriums shall be located consistent with the following standards:

  1. Located east of Interstate 15 and south of Arrow Route.

  2. Located a minimum of 1,000 feet from public schools, community centers or libraries, and any residentially zoned property.

• (Ord. No. 1000 § 4, 2022)

• A. Applicability. The development standards of this section shall apply to non-storefront medical cannabis retail facilities. "Non-storefront medical cannabis retail" means a retailer that sells medicinal cannabis or medicinal cannabis products, as those terms are defined in Business and Professions Code § 26001 (ak)(1), as may be amended, to customers exclusively through delivery. A non-storefront medical cannabis retail has a permitted premises to store medicinal cannabis or medicinal cannabis for delivery, but the premises is not open to the public. A non-storefront medical cannabis retailer shall have a State License Type M-Type 9, Non-Storefront Retailer, limited to delivery services of medical cannabis or cannabis products only.

• B. Limit on retailers. No more than one non-storefront medical cannabis retail use shall be allowed in the city.

• C. Permitted with minor use permit. The non-storefront medical cannabis retail use shall be permitted upon issuance of a minor use permit, subject to section 17.16.120 , in the Neo-Industrial (NI) and Industrial Employment (IE) zones, pursuant to Table 17.30.030-1 of section 17.30.030 of this code, except that a non-storefront medical cannabis retail use is not permitted west of Haven Avenue.

• D. Minimum proximity requirements. Non-storefront medical cannabis retail facilities shall not be located closer than 600 feet from a school or daycare facility (public or private) or any other sensitive use listed in Business and Professions Code § 26054(b) , 1 ,000 feet from any existing residential dwelling, church or similar place of worship, park or playground, recreational facility, hospital, public buildings (e.g., City Hall, county offices, courthouse, libraries, etc.), or 1,000 feet from the right-of-way on Haven Avenue, Miliken Avenue, 4th Street, Foothill Boulevard, and the I-15 freeway.

• E. Measurement of distance. The distance between a non-storefront medical cannabis retail facility and a use listed in subsection D shall be made in a straight line, without regard to the intervening structures or objects, from the closest exterior wall of the structure, or portion of the structure, in which the use is located, to the property line of the parcel on which the structure, or portion of the structure, in which the use occurs or is located.

• F. Operational restrictions. Non-storefront medical cannabis retailers shall be subject to the requirements of chapter 5.20 of this code.

• (Ord. No. 1022, 12/20/2023)