b. Instruments, devices, or paraphernalia, except for clothing, which are designed for use in connection with specified sexual activities. The phrase "regular and substantial course of conduct" as applied to an adult bookstore shall mean the following:
1) The business devotes more than 25% of its retail inventory (not measured by the number of items but rather by the cost to the business owner of the inventory) to merchandise distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas; or
2) The business devotes more than 25% of the retail floor area to merchandise that is distinguished or characterized by an emphasis upon specified sexual activities and specified anatomical areas; or
3) The retail value of merchandise that is distinguished or characterized by an emphasis upon specified sexual activities and specified anatomical areas exceeds 25% of the total retail value of inventory offered in each of the following categories: (a) books, (b) magazines, (c) video tapes or any material in digital format (including, but not limited to, compact disc (CD) or digital video disc (DVD)), for sale or rental, (d) novelties and devices, and (e) onpremises viewing of images, films, and/or videos; or 4) Gross revenue derived from merchandise in any category set forth in paragraph (c) above exceeds 25% of the total gross revenue for the category. "Adult cabaret" means a nightclub, restaurant, bar or similar business establishment which regularly features (1) live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (2) persons who appear semi-nude or nude; and/or (3) films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions (including without limitation digital images such as compact disc (CD) or digital video disc (DVD) images), which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
"Adult hotel/motel" means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which, (1) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (2) either (a) rents, leases, lets or allows the subletting or subrental of any room for less than a 10-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period, or (b) has a sign visible from the public right of way which advertises the availability of the above-described photographic reproductions. "Adult motion picture theater" means a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown for viewing by 5 or more patrons at any one time, 30 percent or more of the number of which, in any month, are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
"Adult theater" means a theater, concert hall, auditorium, or similar business establishment which, for any form of consideration regularly features persons who appear in a state of nudity or semi-nudity and/or features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.
"Adult-oriented business operator" (hereinafter "operator") means a person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adultoriented business or the conduct or activities occurring on the premises thereof.
Created: 2024-08-22 08:37:07 [EST]
(Supp. No. 10-24, Upd 1)
"Applicant" means a person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an adult-oriented business.
"Bar" means any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises.
"City manager" means the city manager of the city of Lancaster or the authorized representatives thereof. "Distinguished or characterized by an emphasis upon" means and refers to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. "Employee" means a person who performs any service on the premises of an adult-oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises of the adult-oriented business to render only repair or maintenance services or to deliver equipment or goods to the adult-oriented business as long as such persons are not nude or semi-nude. "Establishment" of an adult-oriented business. As used herein, to "establish" an adult-oriented business shall mean and include any of the following:
1. The opening or commencement of any adult-oriented business as a new business;
2. The conversion of an existing business, whether or not an adult-oriented business, to any adultoriented business as defined herein;
3. The addition of any of the adult-oriented businesses defined herein to any other existing adultoriented business; or
4. The relocation of any such adult-oriented business.
"Figure model" means any person who, for pecuniary compensation, consideration, hire or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed or otherwise depicted. "Health officer" means the health officer of the city or his or her duly authorized representative. "Modeling studio" means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration.
"Nude," "nudity," or a "state of nudity" means the showing of the human male or female genitals, pubic area, or anus with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of completely or opaquely covered male genitals in a discernibly turgid state.
"Operate an adult-oriented business" means the supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an adult-oriented business or activities within an adult-oriented business. "Permittee" means the person to whom an adult-oriented business permit or adult-oriented business employee permit is issued.
"Person" means any individual, proprietorship, partnership, firm, association, joint stock company, corporation, or other legal entity, or combination of the above in whatever form or character.
Created: 2024-08-22 08:37:07 [EST]
(Supp. No. 10-24, Upd 1)
"Regularly features" with respect to an adult theater or adult cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occur on 2 or more occasions within a 30 day period; 3 or more occasions within a 60 day period; or 4 or more occasions within a 180 day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct. "Religious institution" means a structure which is used primarily for religious worship and related religious activities.
"School" means any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.
"Semi-nude" means a state of dress in which opaque clothing covers no more than the genitals, pubic region, anus and areola of the female breast, as well as portions of the body covered by supporting straps or devices. This definition shall include a state of dress in which the entire lower portion of the human female breast is exposed, but shall not include any state of dress in which the cleavage of the human female breast, exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel is exposed, so long as the areola is not exposed in whole or in part.
"Sexual encounter center" means a business enterprise that, as one of its principal purposes, offers for any form of consideration physical contact in the form of wrestling or tumbling between individuals, one or more of whom is in a state of nudity or a semi-nude condition.
"Specified anatomical areas" shall mean and include any of the following:
1. Less than completely and opaquely covered human (i) genitals or pubic region; (ii) anus or buttocks; and (iii) female breast below a point immediately above the top of the areola;
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered;
3. Any device, costume or covering that simulates any of the body parts included in subsections 1 or 2 above.
"Specified sexual activities" shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:
1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;
2. Sex acts, including but not limited to intercourse, oral copulation, or sodomy;
3. Masturbation;
4. Excretory functions as part of or in connection with any of the other activities described in subdivision 1 through 3 of this subsection.
"Transfer ownership or control of an adult-oriented business" means and includes (i) the sale, lease, or sublease of the business; or (ii) the transfer of securities which constitute a controlling interest in the business whether by sale, exchange or similar means; or (iii) the establishment of a trust, gift or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law on the death of a person possessing ownership or control.
(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.010) Created: 2024-08-22 08:37:07 [EST]
(Supp. No. 10-24, Upd 1)
17.16.460 Prohibition.
From and after January 10, 2002, no adult-oriented business shall be established, located or operated in any zone in the city other than within the heavy industry (HI) category of the industrial (I) zones, as specified in this article, and subject to all regulations and conditions enumerated in this title. Any business which did not constitute an adult oriented business or a sexually oriented business prior to January 10, 2002, but which would be deemed an adult-oriented business under this article, which was legally established and for which all applicable permits and licenses were issued and remain effective as of January 10, 2002 shall not be deemed to be an adult-oriented business subject to the provisions of this article, except to the extent (i) such business ceases operating in conformity with any permit issued in conjunction with the establishment thereof; or (ii) the floor area of such business utilized for the sale of merchandise distinguished by or characterized by an emphasis upon specified sexual activities or specified anatomical areas increases by more than 15% over the floor area utilized for such purpose and existing as of January 10, 2002; or (iii) the retail inventory (measured by cost to the business owner of the inventory or by the retail value of the merchandise) distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas increases by more than 15% over the amount of such inventory being merchandised as of January 10, 2002; or (iv) the number of performances distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities increases by 15% in any applicable period of time.
(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.020)
17.16.470 Amortization of nonconforming adult-oriented business uses.
Any use of real property as an adult-oriented business existing on the effective date of this ordinance, which was in conformity with the provisions of Article IV of Chapter 17.16 of Title 17 of the code prior to effective date of this ordinance, and which was constructed, operated, and maintained in compliance with all previous regulations, but which, after the date of this ordinance does not comply with Sections 17.16.460 and 17.16.490 of the code (but does comply with all other provisions of this article), shall be regarded as a nonconforming use which may be continued until 18 months after the effective date of this ordinance. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by the director in accordance with the provisions of this Section 17.16.470. This section does not authorize a business subject to its terms to expand or materially change the nature of its operation during the period in which such business is allowed under this section to continue its operation.
A. Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as a legal nonconforming adult-oriented business shall result in a loss of the legal nonconforming status of such use.
B. Amortization — annexed property. Any adult-oriented business which was a legal use at the time of annexation of the property and which is located in the city, but which does not conform to the provisions of Section 17.16.460 and Section 17.16.490 shall be terminated within 18 months of the date of annexation unless an extension of time has been approved by the director in accordance with the provisions of this Section 17.16.490.
(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.021)
17.16.480 Application for extension of amortization period.
The owner or operator of a nonconforming use as described in this section may apply under the provisions of this section to the planning commission for an extension of time within which to terminate the nonconforming use.
Created: 2024-08-22 08:37:07 [EST]
(Supp. No. 10-24, Upd 1)
A. Time and manner of application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of this section, may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the director at least 90 days but no more than 180 days prior to the time established in this Section for termination of such use.
B. Content of application—Fees. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be set forth in the schedule of fees established by resolution from time to time by the city council.
C. Hearing procedure. Within 10 days following receipt of the application, the director shall set the matter for an administrative hearing and notify the applicant of the time and date of such hearing. Such administrative hearing shall be conducted by the director or his designee, and shall be scheduled for a time and date within 30 days after the director's receipt of a completed application accompanied by the requisite filing fee. The applicant shall have the right to offer testimonial, documentary and tangible evidence relevant to the issues, and may be represented by counsel. Any hearing under this section may be continued for a reasonable time not exceeding 10 days upon agreement of all parties, for the convenience of a party or a witness. The decision of the director shall be subject to appeal pursuant to Section 17.16.580 and subject to judicial review pursuant to Code of Civil Procedure section 1094.8.
D. Approval of extension—Findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the director finds that:
1. The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to the date of this ordinance; and
2. The applicant will be unable to recoup said investment as of the date established for termination of the use; and
3. The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with Section 17.16.460 and Section 17.16.490. (Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.022)
17.16.490 Locational requirements.
No adult-oriented business shall be established, located, or operated within certain distances of certain specified land uses or zones as set forth below:
A. No such business shall be established or located within 1,500 feet of any other adult-oriented business.
B. No such business shall be established or located within 1,500 feet of any existing residential zone (to the extent such residential zone may feasibly be used for a residential dwelling unit of a type permitted by the city), residential use, park, public building (which the public is authorized to attend), church, school, boys club, girls club, or similar existing youth organization.
C. The distances set forth above shall be measured as a radius from the primary entrance of the adultoriented business to the property lines of the property so zoned or used without regard to intervening structures.
(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.026) Created: 2024-08-22 08:37:07 [EST]
(Supp. No. 10-24, Upd 1)
17.16.500 Adult-oriented business permit required.
A. It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city of Lancaster the operation of an adult-oriented business unless the person first obtains and continues to maintain in full force and effect a permit from the city of Lancaster as herein required ("adult-oriented business permit").
B. It shall be unlawful for any persons to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult-oriented business unless the person first obtains and continues in full force and effect a permit from the city of Lancaster as herein required ("adultoriented employee permit") (Ord. 801 § 2 (part), 2001)
17.16.510 Adult-oriented business permits.
A. Every person who proposes to maintain, operate or conduct an adult-oriented business in the city of Lancaster shall file an application with the city manager upon a form provided by the city of Lancaster and shall pay a filing fee, as established by resolution adopted by the city council from time to time, which shall not be refundable.
B. Adult-oriented business permits are nontransferable, except in accordance with Section 17A6.530.
Therefore, all applications shall include the following information:
1. If the applicant is an individual, the individual shall state his or her legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least 18 years of age.
2. If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.
3. If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process.
4. If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with authority to bind the entity shall sign the application.
5. If the applicant intends to operate the adult-oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult-oriented business and show proof of registration of the fictitious name.
6. A description of the type of adult-oriented business for which the permit is requested and the address where the adult-oriented business is proposed to operate, plus the names and addresses of the owners and lessors of the adult-oriented business site.
7. The address to which notice of action on the application is to be mailed.
8. The names of all employees, independent contractors, and other persons who will perform at the adult-oriented business, who are required by Section 17.16.540 to obtain an adult-oriented business employee permit (for ongoing reporting requirements see Section 17.16.540, subsection A).
Created: 2024-08-22 08:37:07 [EST]
(Supp. No. 10-24, Upd 1)
9. A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult-oriented business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus 6 inches.
10. A straight-line drawing prepared within 30 days prior to application accurately depicting the building and the portion thereof to be occupied by the adult-oriented business, and: (1) the property line of any other adult-oriented business within 1500 feet of the primary entrance of the adult-oriented business for which a permit is requested; and (2) the property lines of any church, school, park, public building, boys club, girls club, youth center, recreational area, or residential zone or use within 1500 feet of the primary entrance of the adult-oriented business.
11. A diagram of the off-street parking areas and premises entries of the adult-oriented business showing the location of the lighting system required by Section 17.16.590(c).
12. Whether the applicant or principals thereof have been convicted, within the past five years, of a sexual crime against children, sexual abuse, rape, or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity or material harmful to minors, prostitution or pandering and, if so, the dates of conviction, confinement, and release, or has been convicted of a crime requiring registration under Penal Code Section 290.
13. Whether the applicant or any of the other individuals identified in the application pursuant to this section has bad a previous permit under this title or other similar ordinances from another city or county denied, suspended or revoked, including the name and location of the adult-oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individual identified in the application pursuant to this section has been an owner, partner in a partnership or an officer, director or principal stockholder of a corporation that is permitted under this article whose permit has previously been denied, suspended or revoked, including the name and location of the adult-oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
14. Whether the applicant or any other individual identified in the application pursuant to this section holds any other permits and/or licenses under this article or any other similar adult oriented business ordinance from another city or county and, if so, the names and locations of such other permitted businesses.
B. The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining an adult-oriented business permit. (Ord. 801 § 2 (part), 2001)
17.16.520 Investigation and action on application for adult-oriented business permit.
A. The city manager shall determine whether the application contains all of the information required by the provisions of this article. If it is determined that the application is not complete, the applicant shall be sent a notice in writing within 10 business days after the date of receipt of the application that the application is not complete and the reasons therefor. The applicant shall have 30 calendar days from the date of the notice to submit additional information to render the application complete. The applicant's failure to submit the additional information within this time period renders the application null and void. Within 5 business days following the receipt of a supplemental or amended application, the city manager shall again determine whether the application is complete. Evaluation and notification shall occur as provided above until such time as the application is found to be complete. Once the application is found to be complete, the applicant Created: 2024-08-22 08:37:07 [EST]
(Supp. No. 10-24, Upd 1)
shall be notified within 5 business days of that fact. If an applicant submits 2 consecutive incomplete applications, the applicant shall be notified in writing that a new application must be filed with the city manager as set forth herein.
B. Upon receipt of a completed application and payment of the filing fee, the city manager or his or her designee shall immediately stamp the application as received, and issue a temporary permit to the applicant, which shall be valid for 30 business days after the date of issuance, unless earlier terminated by the denial of the adult business permit. The city manager or his or her designee shall promptly investigate the information contained in the application to determine whether the applicant shall be issued an adult-oriented business permit. As part of this investigation, the city manager or his or her designee shall promptly send photocopies of the completed application to the Los Angeles County sheriff's office and any other city departments or other agencies responsible for enforcement of health, fire and building codes and laws. Each department or agency shall promptly investigate the applicant, application and proposed adult oriented business in accordance with its responsibilities under law and as set forth in this title, which investigation shall be completed prior to the expiration of the 30 day time period set forth in subsection C below. At the conclusion of such investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it, and, in the event it disapproves, state the reasons therefor and return the photocopy immediately to the city manager or his or her designee.
A department or agency shall only disapprove an application if it finds the proposed adult-oriented business will violate any provision of any statute, code, ordinance, regulation or other law in effect in the city. The Los Angeles County Sheriff's office shall only be required to certify the records request check and shall not be required to approve or disapprove applications. In no event shall the temporary permit issued pursuant hereto constitute or grant a right to the applicant to operate an adult-oriented business in violation of Sections 17.16.460 and 17.16.490 of the code or in violation of any other zoning, building and safety, or business licensing provisions of the code.
C. Within 30 days of receipt of the completed application, the city manager shall complete the investigation, grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows:
1. The city manager shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.
2. If the application is denied, the city manager shall attach to the application a statement of the reasons for denial.
3. If the application is granted, the city manager shall attach to the application an adult-oriented business permit.
4. The application as granted or denied and the permit, if any, shall be placed in the U.S. mail, first class postage prepaid, addressed to the applicant at the address stated in the application. All notices given hereunder shall be deemed given upon the date they are deposited in the U.S. mail or the date upon which personal service is provided.
D. The city manager shall grant the application and issue the adult-oriented business permit upon findings that the proposed business meets the locational criteria of Section 17.16.460 and Section 17.16.490; and that the applicant has met all of the development and performance standards and requirements of Section 17.16.590 unless the application is denied for one or more of the reasons set forth in subsection F hereof. The permittee shall post the permit conspicuously in the adult-oriented business premises so that it may be easily read at any time by persons entering the adult-oriented business.
E. If the city manager grants the application or if the city manager neither grants nor denies the application within 30 days after it is stamped as received (except as provided in Section 17.1 6.540A, subsection C), the applicant may begin operating the adult-oriented business for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of Section 17.16.590.
Created: 2024-08-22 08:37:07 [EST]
(Supp. No. 10-24, Upd 1)
F. The city manager shall deny the application for any of the following reasons:
1. The building, structure, equipment, or location used by the business for which an adult-oriented business permit is required do not comply with the requirements and standards of the health, zoning, fire and safety laws of the city, the county, and the state of California, or with the locational or development and performance standards and requirements of these regulations;
2. The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult business permit, or has failed to provide information reasonably necessary for issuance of the permit on the application form;
3. An applicant is under 18 years of age;
4. The required application fee has not been paid;
5. The adult-oriented business does not comply with the city's zoning ordinance;
6. The granting of the permit would violate a statute, ordinance, or court order;
7. The applicant has had a permit issued pursuant to this ordinance which has been suspended or revoked at the time of application;
8. Applicant has been convicted of a criminal act specified in Section 17.16.510, subsection B, paragraph 12 for which:
a. Less than 2 years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal act, or
b. Less than 5 years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense for the specified criminal act, or
c. Less than 5 years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of 2 or more misdemeanors for the specified criminal acts occurring within any 24-month period.
The fact that a conviction is being appealed shall have no effect on disqualification of the applicant.
G. If the city manager or his/her designee denies the application, he/she shall notify the applicant of the denial and state the reasons for the denial.
H. If a person applies for a permit for a particular location within a period of 112 months from the date of denial of a previous application for a permit at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied.
(Ord. 801 § 2 (part), 2001)
17.16.530 Transfer and expiration of adult-oriented business permits.
A. A permittee shall not operate an adult-oriented business under the authority of an adult-oriented business permit at any place other than the address of the adult-oriented business stated in the application for the permit.
Created: 2024-08-22 08:37:07 [EST]
(Supp. No. 10-24, Upd 1)
B. A permittee shall not transfer ownership or control of an adult-oriented business permit to another person unless and until the transferee obtains an amendment to the permit from the city manager stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the city manager in accordance with Sections 17.16.510, accompanies the application with a transfer fee in an amount set by resolution of the city council, and the city manager determines in accordance with Section 17.16.510 and/or 17.16.520 that the transferee would be entitled to the issuance of an original permit under the ordinances and regulations which were in effect as of the time of the initial issuance of the original adult-oriented business permit. Notwithstanding the forgoing, to the extent the adult-oriented business is operating as a legal nonconforming use, an amendment to the permit shall not extend the legal nonconforming status of such business beyond the amortization period, if any, applicable to the adult-oriented business unless such amortization period is extended pursuant to any local ordinance or regulations in effect as of the time of the extension request.
C. No permit may be transferred when the city manager has notified the permittee that the permit has been or may be suspended or revoked.
D. Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed revoked.
E. Each adult-oriented business permit shall expire 1 year from the date of issuance, and may be renewed only by filing with the city manager a written request for renewal, accompanied by the filing fee as established from time to time by the city council, and a copy of the permit to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the permit. When made less than 30 days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided herein for action upon applications for permits. If the city manager or his or her designee determines that there has been no change in the configuration or operation of the permitted adult-oriented business which would call into question the continued satisfaction of all requirements of this ordinance, the permit shall be renewed. If the city manager or his or her designee determines that there has been such a change in the configuration or operation of the adult- oriented business, the city manager may require the permittee to submit a complete new permit application pursuant to Section 17.16.510. In such event, and to the extent the request for renewal has been submitted at least 30 days prior to expiration of the permit, the expiration of the existing permit shall be stayed pending a decision on the new permit application. (Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.027)
17.16.540 Adult-oriented business employee permit.
A. No person shall engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult-oriented business, nor shall any employee as defined in Section 17.16.450, be employed at an adult-oriented business, without a valid adult-oriented business employee permit issued by the city to such person. All persons who have been issued an adult-oriented business permit shall promptly supplement the information provided as part of the application for the permit required by Section 7.16.510, subsection B, with the names of all performers and employees required to obtain an adult-oriented business employee permit, within 30 days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the adult-oriented business permit.
B. The city manager shall grant, deny and renew adult-oriented business employee permits.
C. The application for a permit shall be made on a form provided by the city manager. An original and 2 copies of the completed and sworn permit application shall be filed with the city manager.
Created: 2024-08-22 08:37:07 [EST]
(Supp. No. 10-24, Upd 1)
D. The completed application shall contain the following information and be accompanied by the following documents:
1. The applicant's legal name and any other names (including "stage names" and aliases) used by the applicant;
2. Age, date and place of birth;
3. Height, weight, hair and eye color;
4. Present residence address and telephone number, and business address and telephone number, if any;
5. Whether the applicant has been convicted in the past 5 years as of the date of the application of:
a. Any of the offenses set forth in Sections 311 through 313.4, 315, 316, 318, 266a, 266b, 266c, 266e, 266g, 266h, 266i, -647(a), 647(b) and 647(D) of the California Penal Code, or any offense requiring registration under Penal Code section 290 of the California Penal Code, as those sections now exist or may hereafter be amended or renumbered. b. The equivalent of the aforesaid offenses outside the state of California.
6. Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution.
7. Date, issuing state and number of state issued driver's license or identification card and social security number;
8. Satisfactory written proof that the applicant is at least 18 years of age;
9. The applicant's fingerprints on a form provided by the sheriff's department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant;
10. If the application is made for the purpose of renewing a license, the applicant shall attach a copy of the license to be renewed.
E. The completed application shall be accompanied by a non-refundable application fee. The amount of the fee shall be set by resolution of the city council.
F. Upon receipt of an application and payment of the application fees, the city manager shall immediately stamp the application as received, issue a temporary license to the applicant which shall be valid for 15 days unless earlier terminated by the denial of an adult-oriented business employee permit, and promptly investigate the application.
G. If the city manager determines that the applicant has completed the application improperly or the application is otherwise incomplete, the city manager shall notify applicant of such fact within 10 business days of the date of receipt of the application, including the reasons the application is not complete. The city manager shall, in such event, grant the applicant an extension of time of 10 days to complete the application properly. In addition, the applicant may request an extension, not to exceed 10 days, of the time for the city manager to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time. (Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.030) Created: 2024-08-22 08:37:07 [EST]
(Supp. No. 10-24, Upd 1)
17.16.550 Investigation and action on application.
A. Within 15 days after receipt of the properly completed application, the city manager shall grant or deny the application and so notify the applicant as follows:
1. The city manager shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.
2. If the application is denied, the city manager shall attach to the application a statement of the reasons for denial.
3. If the application is granted, the city manager shall attach to the application an adult-oriented business employee permit.
4. The application as granted or denied and the permit, if any, shall be placed in the U.S. mail, first class postage prepaid, addressed to the applicant at the residence address stated in the application.
B. The city manager shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in subsection C of this section.
C. The city manager shall deny the application for any of the following reasons:
1. The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a permit or in any report or document required to be filed with the application or has omitted information reasonably necessary for issuance of the permit;
2. The applicant is under 18 years of age;
3. The adult-oriented business employee permit is to be used for employment in a business prohibited by state or local laws, ordinances, or regulations;
4. The applicant has been registered in any state as a prostitute;
5. The applicant has been convicted of any criminal act enumerated in Section 17.16.540, subsection D.5., or convicted of an offense outside the state of California that would have constituted any of the described offenses if committed within the state of California, for which:
a. Less than 2 years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal act, or
b. Less than 5 years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense for the specified criminal act, or
c. Less than 5 years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of 2 or more misdemeanors for the specified criminal acts occurring within any 24-month period.
D. The license, if granted, shall state on its face the name of the person to whom it is granted, and the expiration date. The city manager shall provide each person issued an adult-oriented business employee permit with an identification card containing the name, address, photograph, and permit number of the permittee,
E. Both the permit and identification card shall be available for inspection at all times during which the permittee is on the premises of the adult-oriented business.
F. If the city manager neither grants nor denies a completed application for which the filing fees have been paid, within 15 business days after its receipt, the applicant may begin the employment for which the license Created: 2024-08-22 08:37:07 [EST]
(Supp. No. 10-24, Upd 1)
is sought, subject to strict compliance with the development and performance standards and regulations and other provisions of Article IV of this chapter.
(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.031)
17.16.560 Expiration of adult-oriented business employee permit.
Each adult-oriented business employee permit shall expire one year from the date of issuance, and may be renewed only by filing with the city manager a written request for renewal, accompanied by the filing fee as established from time to time by the city council, and a copy of the permit to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the permit. When made less than 30 days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided herein for action upon applications for permits. If the city manager or his or her designee determines that there has been no change in the facts upon which the permit was issued which would call into question the continued satisfaction of all requirements of this ordinance, as amended from time to time, the permit shall be renewed. If the city manager or his or her designee determines that there has been such a change, the city manager may require the permittee to submit a complete new permit application pursuant to Section 17.16.540.
In such event, the expiration of the existing permit shall be stayed pending a decision on the new permit application.
(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.032)
17.16.570 Suspension or revocation of adult-oriented business permits and adult-oriented business employee permits.
A. An adult-oriented business permit or adult-oriented business employee permit may be suspended or revoked in accordance with the procedures and standards of this section.
1. On determining that grounds for permit suspension or revocation exist, the city manager shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing to be conducted by the city manager or a hearing officer appointed by the city manager, and the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least 10 working days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the city manager, but at a minimum shall adhere to the provisions of subsection 2.
2. The applicant shall have a right to offer testimonial, documentary, and tangible evidence relevant to the issues; and may be represented by counsel. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.
Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness upon agreement of all parties. The hearing officer's decision may be appealed in accordance with Section 17.16.580.
3. The city manager shall suspend a permit for a period not to exceed 30 days if the hearing officer determines, following notice to the permittee and a hearing as set forth above, that the permittee or an employee of a permittee has violated or is not in compliance with any section of this chapter, or has refused to allow an inspection of the adult-oriented business premises as authorized by this chapter.
4. The city manager shall revoke a permit if the hearing officer determines, following notice to the permittee and a hearing as set forth above, that any of the following conditions arising from the acts or Created: 2024-08-22 08:37:07 [EST]
(Supp. No. 10-24, Upd 1)
omissions of the permittee, or an employee, agent, partner, director, stockholder, or manager of an adult-oriented business, has occurred:
a. A cause of suspension as set forth in subsection 3 has occurred and the permit has been previously suspended within the preceding 12 months.
b. The permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the city. c. The permittee, employee, agent, partner, director, stockholder, or manager of an adult-oriented business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following activities on the premises of the adult-oriented business, or in the case of an adult-oriented business employee permit holder, the permittee has engaged in one of the activities described below while on the premises of the adult-oriented business:
1. Any act of sexual intercourse, sodomy, oral copulation, or masturbation, with the exception of an adult hotel/motel, unless the adult-oriented business employee or adult-oriented business operator of such adult hotel/motel knowingly allowed such act to occur in a public place or within public view;
2. Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation occur;
3. Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code;
4. The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, or 318 or Subdivision b of Section 647 of the California Penal Code;
5. Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 through 313.4;
6. Any conduct prohibited by this chapter.
d. Failure to abide by any disciplinary action previously imposed by an appropriate city official. (Ord. 801 § 2, 2001: Prior zoning ord. § 251.040)
17.16.580 Appeal of denial, suspension or revocation.
All decisions of the hearing officer or city manager to, issue, renew, deny, suspend or revoke a permit issued pursuant to this article are final unless appealed in accordance herewith.
An applicant or permittee may appeal a decision by the city manager or a hearing officer to deny an application for, or to revoke or suspend, an adult-oriented business permit or adult-oriented business employee permit by filing an appeal with the city clerk pursuant to Chapter 2.44 of the code. A hearing by the city council on such appeal shall be scheduled for the first available regular meeting of the city council for which proper notice can be given, but in no event shall such hearing occur more than 30 days after the appeal is filed. The city council shall make a decision on the appeal during the same meeting at which the hearing is held.
After any denial, or a suspension or revocation, the applicant or permittee may seek prompt judicial review of such decision in any court of competent jurisdiction as provided by law, and specifically as provided by California Code of Civil Procedure Section 1094.8. Notwithstanding the applicant's or licensee's right to initiate judicial review, the city shall, upon the written request of an aggrieved applicant or licensee received within 30 calendar Created: 2024-08-22 08:37:07 [EST]
(Supp. No. 10-24, Upd 1)
days following the decision of the city council, file an action pursuant to Code of Civil Procedure Section 1094.8 with a court of competent jurisdiction seeking declaratory and injunctive relief, including temporary and preliminary relief, as to the propriety of the denial, revocation, or suspension.
If the city denies an initial or renewal application and the aggrieved applicant commences a legal action to determine the validity of the denial or makes a written request in the manner set forth herein that the city commence such action, then the city shall issue a temporary permit. This temporary permit shall remain in effect only until the court in which the action is pending renders a judicial decision on an application for temporary restraining order, a motion for preliminary injunction, etc., as to the propriety of the denial.
If the city revokes, or suspends an existing permit, and the aggrieved applicant or the permittee commences a legal action to determine the validity thereof or makes a written request in the manner set forth herein that the city commence such action, the city's revocation or suspension of the permit will be stayed pending a judicial decision on the propriety of the denial based upon an application for temporary restraining order, a motion for preliminary injunction or other form of judicial review, whichever is earliest.
Any temporary permit issued pursuant to this chapter shall not grant any vested rights on the holder of the temporary permit, nor shall it grant a right to the holder to operate or serve as an employee in an adult-oriented business which is in violation of Sections 17.16.460 or 17.16.490 of this article or in violation of any other zoning, building and safety, or business licensing provisions of the code. (Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.041)
17.16.590 Adult-oriented business development and performance standards.
A. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the fire department and building regulations and standards adopted by the city.
B. No adult-oriented business shall be operated in any manner that permits the observation of any material or activities depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening.
C. All off-street parking areas and premise entries of the sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adultoriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.
D. The premises within which the adult-oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.
E. Except for those businesses also regulated by the California Department of Alcoholic Beverage Control, an adult-oriented business may be open for business only between the hours of 8:00 a.m. and midnight on any particular day, unless alternative hours are mandated as a condition of approval of a zone change.
F. The building entrance to an adult-oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the community development director or designee. No person under the age of 18 years shall be permitted within the premises at any time.
G. All indoor areas of the adult-oriented business within which patrons are permitted, except rest rooms, shall be open to view by the management at all times.
Created: 2024-08-22 08:37:07 [EST]
(Supp. No. 10-24, Upd 1)
H. Any adult-oriented business which is also an "adult arcade", shall comply with the following provisions:
1. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be direct line of sight from the manager's station.
2. The view area specified above shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. No patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.
3. No viewing room or booth may be occupied by more than one person at any one time.
4. The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any two such rooms such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths.
5. Customers, patrons or visitors who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing shall not be allowed to stand idly by in the vicinity of any such video booths, or in the common area of such business. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.
6. The floors, seats, walls and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of such conditions may justify suspension or revocation of the owner and operator's license to operate the adult-oriented business.
I. All areas of the adult-oriented business shall be illuminated at a minimum of the following foot-candles, to be maintained and evenly distributed at ground level:
Area Foot-Candles
Bookstores and other retail establishments 20
Theaters and cabarets 5 (except during performances, at which times lighting shall be at least 1.25 foot-candles
Arcades 10
Motels/Hotels 20 (in public areas)
Modeling studios 20
J. The adult-oriented business shall provide and maintain separate rest room facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the rest room(s) for females, and female patrons and employees shall be prohibited from using the rest room(s) for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities.
The rest rooms shall be free from any materials depicting specified sexual activities or specified anatomical areas. Rest rooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not apply to an adultoriented business which deals exclusively with sale or rental of materials which are not used or consumed on the premises, such as an adult bookstore, and which does not provide rest room facilities to its patrons or the general public.
Created: 2024-08-22 08:37:07 [EST]
(Supp. No. 10-24, Upd 1)
K. The following additional requirements shall pertain to adult-oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities, except for businesses regulated by the Alcoholic Beverage Control Commission:
1. No person shall perform live entertainment for patrons of an adult-oriented business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least 10 feet from the nearest area occupied by patrons, and no patron shall be permitted within 10 feet of the stage while the stage is occupied by an entertainer. "Entertainer" shall mean any person who is an employee or independent contractor of the adult-oriented business, or any other person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult-oriented business.
2. The adult-oriented business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use.
3. The adult-oriented business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons.
4. The adult-oriented business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult-oriented business shall provide a minimum 3 foot wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.
5. No entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer. This subsection shall only apply to physical contact on the premises of the adult-oriented business, including without limitation, any parking areas.
6. Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection.
7. No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any patron.
8. No owner or other person with managerial control over an adult-oriented business shall permit any person on the premises of the adult-oriented business to engage in a live showing of the human male or female genitals, pubic area or anus with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered.
M. Additional Regulations for Adult Motels.
1. Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated 2 or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an adult motel.
2. It is a violation of this chapter when, as a person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have an adult-oriented business permit, the person rents or sub-rents a sleeping room to a person and, within 10 hours from the time the room is rented, rents or sub-rents the same sleeping room again.
3. For purposes of paragraphs 1 and 2 of this section, the terms "rent" or "sub-rent" mean the act of permitting a room to be occupied for any form of consideration.
Created: 2024-08-22 08:37:07 [EST]
(Supp. No. 10-24, Upd 1)
N. Additional Regulations Relating to the Exhibition of Sexually Explicit Films, Videos or Live Entertainment in Viewing Rooms. A person who operates or causes to be operated an adult-oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, live entertainment or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
1. Upon application for an adult-oriented business permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area.
The diagram shall also designate the place at which the permit will be conspicuously posted, if granted.
A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas The city manager may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was first prepared.
2. No alteration in the configuration or location of a manager's station may be made without the prior written approval of the city manager based upon the city manager's finding that such alteration complies with this section.
3. It is the duty of the permittee of the adult-oriented business to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the adultoriented business.
4. The interior of the adult-oriented business shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the adult-oriented business to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video viewing equipment or any materials depicting specified sexual activities or specified anatomical areas.
If the adult-oriented business has 2 or more designated manager's stations, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the adult-oriented business to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required by this section must be by direct line of sight from the manager's station.
5. It shall be the duty of the permittee to ensure that the view area specified in this section remains unobstructed at all times by any doors, curtains, partitions, walls, merchandise, display racks or other materials.
6. It shall be the duty of the permittee to ensure that no patron is permitted access to any area of the adult-oriented business which has been designated as an area in which patrons will not be permitted pursuant to paragraph 1 of this subsection.
7. No viewing room may be occupied by more than one person at any time.
8. The adult-oriented business shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than 10-foot candles as measured at the floor level.
9. It shall be the duty of the licensee to ensure that the illumination required by this section is maintained at all times that any patron is present in the premises.
10. No openings of any kind shall exist between viewing rooms or booths.
11. No person shall make or attempt to make an opening of any kind between viewing booths or rooms.
Created: 2024-08-22 08:37:07 [EST]
(Supp. No. 10-24, Upd 1)
12. The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.
13. The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
14. The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within 48 inches of the floor.
15. It is a violation of this chapter for a person having a duty under this section to knowingly fail to fulfill that duty.
P. Additional Regulations Concerning Public Nudity.
1. It is a violation of this chapter for a person knowingly and intentionally to appear in a state of nudity in an adult-oriented business or any other public place.
2. It is a violation of this chapter for a person knowingly or intentionally, in an adult-oriented business, to appear in a semi-nude condition unless the person is an employee who, while semi-nude, is upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least 10 feet from the nearest areas occupied by patrons.
3. It is a violation of this chapter for an employee or performer while semi-nude in an adult-oriented business, to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee.
4. It is a violation of this chapter for an entertainer, while semi-nude, to touch a patron or the clothing of a patron, or for a patron to touch an entertainer who is semi-nude.
Q. Adult-oriented businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:
1. Adult-oriented businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than 35 persons, an additional security guard shall be on duty.
2. Security guards for other adult-oriented businesses may be required if it is determined by the city manager that their presence is necessary in order to prevent any illegal conduct from occurring on the premises.
3. Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard.
The foregoing applicable requirements of this Section shall be deemed conditions of adult-oriented business Permit approvals, and failure to comply with every such requirement shall be grounds for revocation of the Permit issued pursuant to these regulations.
(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.042)
17.16.600 Reserved.
(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.043) Created: 2024-08-22 08:37:07 [EST]
(Supp. No. 10-24, Upd 1)
17.16.610 Separate offense for each day.
Any person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation hereof, and each offense shall be punishable separately.
(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.044)
17.16.620 Public nuisance.
Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is hereby declared a public nuisance and may be summarily abated by the city pursuant to Chapter 8.28 of the code.
(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.045)
17.16.630 Penalties.
Any person who violates, causes, or permits another person to violate any provision of this chapter commits an infraction. Any person convicted of an infraction shall be subject to a civil fine to the maximum amount permitted by state law. Any person twice convicted of an infraction for repeat violations of the same provision within a one year period, may be charged with a misdemeanor upon being issued a citation for the repeated violation of the same provision. Any person convicted of a misdemeanor shall be subject to the maximum punishment permitted by state law.
Pursuant to Government Code Section 3 6900(a), the city attorney may prosecute these violations in the name of the people of the state of California.
(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.050)
17.16.640 Civil injunction.
The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of city, create a cause of action for injunctive relief. (Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.060)
17.16.650 Administrative remedies.
In addition to the civil remedies and criminal penalties set forth above, any person that violates the provisions of this chapter may be subject to administrative remedies, as set forth by city ordinance. (Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.061)
17.16.670 Register and permit number of employees.
Every permittee of an adult-oriented business permit which provides live entertainment depicting specified anatomical areas or involving specified sexual activities must maintain a register of all persons in the past and currently so performing on the premises and their adult-oriented business employee permit numbers. Such Created: 2024-08-22 08:37:07 [EST]
(Supp. No. 10-24, Upd 1)
register shall be available for inspection during regular business hours by any police officer, sheriff or deputy sheriff, or health officer of the city.
(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.063)
17.16.680 Display of permit and identification cards.
A. Every adult-oriented business shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such adult-oriented business in a conspicuous place so that the same may be readily seen by all persons entering the adult-oriented business.
B. The city manager shall provide each adult-oriented business employee required to have an adult-oriented business employee permit pursuant to this chapter, an identification card containing the name, address, photograph and permit number of such performer.
C. A permitted adult-oriented business employee shall have such card available for inspection at all times during which such person is on the premises of the adult-oriented business. (Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.064)
17.16.690 Employment of and services rendered to persons under the age of 18 years prohibited.
A. It shall be unlawful for any permittee, operator, or other person in charge of any adult-oriented business to employ, or provide any service for which it requires an adult-oriented business permit, to any person who is not at least 18 years of age.
B. It shall be unlawful for any permittee, operator or other person in charge of any adult-oriented business to permit to enter, or remain within the adult-oriented business, any person who is not at least 18 years of age. (Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.070)
17.16.700 Inspection.
Representatives of the police, health, fire, planning or other city departments may inspect the premises of an adult-oriented business in accordance with this Section 17.16.700, which inspections shall be solely for the purpose of insuring compliance with the law and the development and performance standards applicable to adultoriented businesses. Such inspections may be conducted only (1) after a representative of such department has provided evidence satisfactory to the city manager that there is good reason to believe that one or more code sections within the city's municipal code have been violated by the adult-oriented business within 2 weeks of the inspection; or (2) after advising the owner or operator of the adult-oriented business of the provisions of this section and any other sections codified by this ordinance relevant to the scope of the inspection including any sections for which a violation is anticipated, at any time the adult-oriented business is occupied or opened for business. A person who operates an adult-oriented business or his or her agent or employee is in violation of the provisions of this section if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business, so long as the inspection is in accordance herewith. (Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.071) Created: 2024-08-22 08:37:07 [EST]
(Supp. No. 10-24, Upd 1)
17.16.710 Regulations nonexclusive.
The provisions of this article regulating adult-oriented businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the city council of the city.
(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 25 1.072)
17.16.720 EMPLOYMENT OF PERSONS WITHOUT PERMITS UNLAWFUL.
It shall be unlawful for any owner, operator, manager, or permittee in charge of or in control of an adultoriented business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities to allow any person to perform such entertainment who is not in possession of a valid, unrevoked adult-oriented business employee permit.
(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.073)
17.16.730. Time-limit for filing application for permit.
Any person who possesses a current business license for a sexually oriented business which is not subject to Section 17.16.470, or who operates a business which was not deemed to be a sexually- oriented business prior to the effective date of this ordinance but which, through an expansion of such business in the manner set forth in Section 17.16.460 is deemed to constitute an adult-oriented business under Section 17.16.450 and who does not have a validly issued adult-oriented business permit issued pursuant to the provisions of this ordinance, and all persons required by this chapter to obtain an adult-oriented business employee permit, must apply for and obtain such a permit within 90 days of the effective date of this ordinance. Failure to do so and continued operation of an adult-oriented business, or continued performances depicting specified anatomical areas or specified sexual activities in an adult-oriented business after such time without a permit shall constitute a violation of this chapter. (Ord. 801 § 2 (part), 2001)
17.16.740. Severability.
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. (Ord. 801 § 2 (part), 2001)
Chapter 17.20 PUBLIC, OPEN SPACE AND SPECIAL PURPOSE ZONES Article I. In General
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(Supp. No. 10-24, Upd 1)
17.20.010 Definition.
As used in this title, "public," "open space," and "special purpose" zones mean:
A. Public zones:
1. Public (P)
2. School (S)
B. Open space zones:
1. Open space (O)
2. Park (Pk)
3. Cemetery (Ce)
C. Special purpose zones:
1. Specific plan (Sp)
2. Senior Mobilehome Park Overlay zone (MHP-S)
(Ord. No. 947, § 1, 7-13-2010)
17.20.020 Prohibition.
A person shall not use any premises in any public, open space, or special purpose zone except as hereinafter specifically permitted in this title and subject to all regulations and conditions enumerated in this title. (Ord. No. 947, § 1, 7-13-2010)
Article II. Public Use (P) Zone
17.20.030 Purpose and intent.
The purpose and intent of the P Zone is to provide the means necessary to implement the city's general plan, specifically the "public use" category, as set forth in the text of the general plan and as delineated on the general plan map. This zone is intended to be in accordance with applicable goals, objectives, policies and actions set forth by the general plan. This zone is also intended to allow the development of public facilities and uses in order to provide a full range of urban services. It shall also be the intent of this zone to apply the provisions of this zone including, but not limited to, the property development regulations required herein to all new building lots created after the effective date of the ordinance codified in this title.
It shall not be the intent of this title to render previously legally created building lots or legally constructed buildings which do not comply with the new property development regulations or other requirements of this title to be nonconforming where these lots or buildings complied with the ordinances in effect at the time of their creation or construction. However, proof of compliance with ordinances in effect at the time of creation or construction shall be the sole burden of the appli-cant or property owner. Such proof may include building permits, minutes of council or commission action, case files, or other documentation. (Ord. No. 947, § 1, 7-13-2010)
Created: 2024-08-22 08:37:08 [EST]
(Supp. No. 10-24, Upd 1)
17.20.040 Permitted uses.
The following categories of uses are permitted in the P zone subject to any stated exceptions, development regulations, and approval of the site plan as follows:
A. Airports—Owned and operated by a public agency.
B. Animal shelters and related facilities—Operated by a public agency.
C. Existing residential uses—Such uses may continue to be used as a permitted use provided that such uses may not be expanded by a cumulative total of more than 500 square feet of floor area. This size limit does not apply accessory dwelling units and junior accessory dwelling units subject to Chapter
17.41, Article I.
D. Flood control and drainage facilities—Maintained by a public agency.
E. Maintenance yards and related activities—Operated by a public agency.
F. Offices—Government. This category is limited to federal, state, county, city or special district offices, libraries and court facilities, public utilities, and similar office uses.
G. Prisons—Public or privately operated.
H. Sewage treatment plants—Operated by a public agency, provided that no stockpiling, commercial composting, processing, or handling of sludge or biosolid material is conducted within an enclosure or inside of a building.
I. Water reservoirs, dams, treatment plants, gauging stations, pumping stations, tanks, wells, and any use normal and appurtenant to the storage and distribution of water.
J. Other uses. This category includes those uses which do not fall into any other category, and are not temporary uses, which in the opinion of the director are consistent with the purpose and intent of this zone and similar to other uses permitted herein.
(Ord. No. 947, § 1, 7-13-2010; Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.20.050 Accessory and temporary uses.
A. The following uses are considered as accessory uses to the permitted uses in the P Zone:
1. Accessory buildings and structures customarily used in conjunction therewith.
2. Electric Vehicle Charging Station. An electric vehicle charging station (EVCS) shall be permitted as an accessory use within a parking lot or in a parking garage of any publicly owned facility subject to all applicable city code requirements and the following:
a. The EVCS's shall be located in a manner which will be easily seen by the public for informational and security purposes and shall be illuminated during evening business hours; and b. Be located in desirable and convenient parking locations which will serve as an incentive for the use of electric vehicles; and
c. The EVCS pedestals shall be protected as necessary to prevent damage by automobiles; and d. The EVCS pedestals shall be designed to minimize potential damage by vandalism and to be safe for use in inclement weather; and
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(Supp. No. 10-24, Upd 1)
e. Complete instructions and appropriate warnings concerning the use of the EVCS shall be posted on a sign in a prominent location on each station for use by the operator; and f. One standard nonilluminated sign, not to exceed 4 square feet in area and 10 feet in height, may be posted for the purpose of identifying the location of each cluster of EVCS's; and g. The EVCS may be on a timer that limits the use of the station to the normal business hours of the use(s) which it serves to preclude unauthorized use after business hours; and h. Where determined by the director to be necessary, new public uses shall provide the electrical service capacity necessary and all conduits and related equipment necessary to ultimately serve 2 percent of the total parking spaces with EVCS's in a manner approved by the building and safety official. Of these parking spaces, ½ shall initially be provided with the electric vehicle supply equipment necessary to function as on-line EVCS's upon completion of the project. The remainder shall be installed at such time as they are needed for use by customers, employees or other users. EVCS's shall be provided in disabled person parking spaces in accordance with state requirements.
B. The following uses are considered as temporary uses in the P zone:
1. Building materials, storage of, used in a building or construction project, during the construction and 30 days thereafter, including the contractor's temporary office provided that any lot or parcel of land so used shall be part of the project, or on property adjoining the construction site.
2. Temporary Commercial Coach. Use of commercial coaches as temporary offices subject to the provisions of Article X of Chapter 17.40 and this zone. (Ord. No. 947, § 1, 7-13-2010)
17.20.060 Uses subject to director's review and approval.
All permitted, temporary and accessory uses shall be subject to review and approval by the director. (Ord. No. 947, § 1, 7-13-2010)
17.20.070 Property development regulations.
A. General.
1. No new building or commercial coach shall be erected, constructed, moved onto, or established on an existing legal lot or parcel of land unless said building or temporary commercial coach shall comply with all of the regulations set forth in city ordinances, standards, guidelines or policies and subsection B of this section, or Article X of Chapter 17.40 which are pertinent to its placement on said lot or parcel.
2. No existing building or temporary commercial coach located on an existing legal lot or parcel of land shall be converted, enlarged, or moved unless said building, or addition thereto, shall comply with all of the regulations set forth in city ordinances, standards, guidelines or policies and subsection B of this section, or Article X of Chapter 17.40 which are pertinent to its placement on said lot or parcel.
3. No new lot shall be created or any building, or portion thereof, existing on such new lot be used, unless said lot and said building location shall comply with all of the regulations set forth in city ordinances, standards, guidelines or policies and subsection B of this section.
B. P Zone. Wherever property is designated as a P zone on the zoning map, the following regulations shall apply:
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(Supp. No. 10-24, Upd 1)
1. Lot dimensions and Yard requirements. Lot dimensions and yard requirements for this section shall be determined by the director on a case by case basis. Determination of lot dimensions, yards, setbacks and projections permitted in yards for a proposed public facility shall take into consideration the configuration of the lot, and the type, height layout, and intended use for the facility, the surrounding land uses, and any potentially adverse impact on surrounding properties from the intended use. In determining lot dimensions, yards and setback requirements for a particular public use, consideration shall be given to similar requirements on adjacent properties and to required lot dimensions and yard requirements in other sections of this title that most closely approximate the intended public use.
2. Height. The height of buildings and structures shall comply with the following:
a. No building in the P zone which is within 100 feet of any RR, SRR or R zone shall exceed a height of 2 stories or 35 feet, whichever is less.
b. No building may be constructed which would shade any existing active solar energy system on adjoining property without the consent of the affected property owner. (See subsection 1 in the definition of solar energy system in Section 17.04.240.) c. Exceptions for Solar Systems. Solar collectors may exceed the height limit when mounted on the roof of a legal, conforming building. The right to exceed the height limit shall be exercised only in the event that: there is no other practical means or location for achieving an efficient placement on the building or site in question; such collectors may exceed the height limit only to the extent necessary to achieve efficient placement; in no case shall such solar collectors (or related equipment) encroach more than 5 feet beyond the limit. Also the placement of a solar collector shall not shade or otherwise diminish the efficiency of existing solar collectors on neighboring property, or preclude such property from sufficient solar access to successfully operate a solar energy system sufficient to serve the needs of the business or occupants.
3. Maximum floor area ratio (FAR): 1.0. (See definition in Section 17.04.240.)
4. Landscaping. Landscaping requirements for this section shall be determined by the director on a case by case basis. Determination of landscaping requirements for a proposed public facility shall take into consideration the type, height, layout, and the intended use for the facility, the surrounding land uses, and any potentially adverse impact on surrounding properties from the intended use. In establishing landscaping requirements for a particular public use, consideration shall be given to landscaping requirements in other sections of this title that most closely approximate the intended public use.
5. Outside Storage. Outside storage requirements for this section shall be determined by the director on a case by case basis. Determination of outside storage requirements for a proposed public facility shall take into consideration the type, layout, and the intended use for the facility, the surrounding land uses, and any potentially adverse impact on surrounding properties from the intended use. In establishing outside storage requirements for a particular public use, consideration shall be given to outside storage requirements in other sections of this title that most closely approximate the intended public use.
(Ord. No. 947, § 1, 7-13-2010)
17.20.080 Signs.
Sign requirements for this section shall be determined by the director on a case by case basis. Determination of sign requirements for a proposed public facility shall take into consideration the type, height, layout, and the intended use for the facility, the surrounding land uses, and any potentially adverse impact on surrounding properties from the intended use. In establishing sign requirements for a particular public use, consideration shall be given to sign requirements in other sections of this title that most closely approximate the intended public use.
Created: 2024-08-22 08:37:08 [EST]
(Supp. No. 10-24, Upd 1)
(Ord. No. 947, § 1, 7-13-2010)
17.20.090 Off-street parking.
The automobile parking facilities required by this section shall be provided and permanently maintained as such unless and until a substitute has been provided which is in full compliance with the provisions of this title. The following parking requirements shall be complied with in the P zone:
A. Parking Requirements by Use. Parking requirements in the P zone shall be provided as determined by the director to be appropriate on a case by case basis. In general, parking facilities shall comply with the requirements and design standards for similar uses as contained in this title. (Ord. No. 947, § 1, 7-13-2010)
17.20.100 Design and performance standards.
The following design and performance standards shall be met for development in the P zone:
A. General Requirements. Design and performance standards including access, paving, size and marking of spaces and circulation of parking lots, loading spaces, buffering, building design, landscaping, lighting, outside storage and display, screening, service for utilities, signs and similar requirements not hereafter detailed in this subsection, shall be determined by the director on a case by case basis.
Determination of design and performance standards for a proposed public facility shall take into consideration the configuration of the lot, the height, type, layout, and the intended use for the facility, the surrounding land uses, and any potentially adverse impact on surrounding properties from the intended use. In determining design and performance standards for a particular public use, consideration shall be given to design and performance standards in other sections of this title that most closely approximate the intended public use.
B. Specific Requirements.
1. Refuse/Recycling Storage Enclosures. All public uses shall have on the same lot or parcel a refuse/recycling storage area at a ratio of 20 square feet of refuse/recycling storage area for each 1,000 square feet or portion thereof of net floor area of the facility or as may be determined necessary by the director. The enclosure shall be a minimum size of 6 feet in width by 18 feet in length (exterior dimension). Such storage areas shall be enclosed on 3 sides by a minimum 5- foot-high reinforced masonry or concrete wall with a sight-obscuring gate (chain link with slats is not acceptable) of noncombustible materials which is substantially the same height as the enclosing walls. The floor of the enclosure shall be of concrete construction. Such storage areas shall not be placed in a location which is openly exposed to a fronting street or a neighboring residential area.
2. Hazardous Materials. Applicants must obtain the approval of the Los Angeles County fire department prior to obtaining any city permits for any use which includes the use of hazardous materials or the storage of hazardous materials or wastes.
3. Radioactive Materials. The use of radioactive materials shall be limited to measuring, gauging or calibration equipment.
4. Noise. Uses which generate noise by the nature of their function and/or processes shall be required to demonstrate that the noise levels emitted from the use shall not exceed 65 dBA at any property line which abuts a residential zone or use. A detailed noise attenuation study by a qualified acoustical engineer may be required by the director to determine appropriate Created: 2024-08-22 08:37:08 [EST]
(Supp. No. 10-24, Upd 1)
mitigation and methods to incorporate same into project design. Site design methods which may be utilized to reduce noise include:
a. The use of building setbacks and dedication of noise easements to increase the distance between the noise source and receiver;
b. The location of uses and orientation of buildings which are compatible with higher noise levels adjacent to noise generators or in clusters to shield more noise-sensitive areas and uses;
c. The placement of noise-tolerant land uses, such as parking areas, between the noise source and receiver;
d. The placement of noise-tolerant structures to shield noise-sensitive areas.
C. When adjacent to a residential zone or use the following requirements shall also be applied:
1. Artificial lighting used to illuminate the premises shall be directed away from adjacent residential zone or use.
2. Where multistory buildings are to be utilized on lots abutting residentially zoned or used properties, such buildings shall be located or oriented in a manner which will minimize visual intrusion into neighboring property which is residentially zoned or used. (This may be accomplished by setting the building back from the abutting property line beyond the distance required for the yard, selective placement of windows, orienting the building in a manner which will not give occupants a direct view into the yards or windows of neighboring residents.)
3. No signs shall be placed in a manner which visually intrudes into adjoining property which is residentially zoned or used.
4. Trees shall be utilized as a means of improving the interface between public uses and residential uses where appropriate.
5. Buffering. When abutting property which is residentially zoned or used a masonry wall of not less than 6 feet in height shall be provided at the property line in accordance with the provisions for walls specified in Section 17.28.030C to minimize conflicts between public uses and residential uses. A 10 foot landscaped setback shall be placed next to the wall. This requirement shall be modified, where necessary to preclude interference with line-of-sight of a driver within 10 feet of any street, highway or alley, down to a maximum height of 42 inches. The design of the wall shall be considered as part of the site plan review. The site and any buildings thereof shall be designed to locate noise- and odor-generating equipment and activity in a manner which will have a minimal impact on abutting property which is residentially zoned or used. Such techniques may include, but are not limited to, no windows on the building wall(s) facing residentially zoned property, insulating structures housing equipment against noise, limitation of the hours of equipment operation, and other controls designed for specific problems. It shall be the burden of the applicant to prove that his project will not have a detrimental effect on neighboring residential property at the time of site plan review.
(Ord. No. 947, § 1, 7-13-2010)
Article III. School (S) Zone
Created: 2024-08-22 08:37:08 [EST]
(Supp. No. 10-24, Upd 1)
17.20.110 Purpose and intent.
The purpose of the School (S) zone is to implement policies contained in the Lancaster General Plan, particularly policies pertaining to school facilities, prescribed within the Public Use land use category. It is the further purpose of these regulations to provide the city and public with increased involvement in the planning of future uses at existing school sites, including working with local school districts and neighborhood residents on appropriate land uses for school sites no longer needed for educational purposes, coordination with the school districts on joint use of school facilities for community-wide use, and acquisition of closed school sites for recreation, childcare and other appropriate public purposes. (Ord. No. 947, § 1, 7-13-2010)
17.20.120 Permitted uses.
The following categories of uses are permitted in the S zone subject to any stated exceptions, development regulations, and approval of the site plan as follows:
A. Schools—Public. This category is limited to elementary, middle, high-school and colleges and associated uses and activities including day care facilities and dormitories as appurtenant uses to public schools.
(Ord. No. 947, § 1, 7-13-2010)
17.20.130 Uses subject to conditional use permit.
The following uses may be permitted in the S zone provided a conditional use permit has first been obtained as provided in Article I of Chapter 17.32, and while such permit is in full force and effect in conformity with conditions of such permit:
A. Schools—Private. This category is limited to elementary, middle, high-school and colleges and associated uses and activities including day care facilities, dormitories, athletic facilities, and administrative offices as appurtenant uses to private schools. (Ord. No. 947, § 1, 7-13-2010)
17.20.140 Accessory and temporary uses.
A. The following uses are considered as accessory uses to the permitted uses in the S Zone:
1. Community Education. For purposes of this chapter, community education includes uses customarily accessory to school uses including:
a. Citizen/parent-teachers' associations;
b. Camp Fire girls;
c. Boy and Girl Scout troops;
d. Boys and Girls Club;
e. School-community advisory councils, senior citizens' organizations, clubs, and associations formed for recreational, educational, political, economic, artistic, or moral activities of the public school districts;
Created: 2024-08-22 08:37:08 [EST]
(Supp. No. 10-24, Upd 1)
f. Public, literary, scientific, recreational, educational, or public agency meetings; administration of examinations for the selection of personnel or the instruction of precinct board members by public agencies; and
g. Supervised recreational activities including, but not limited to, sports league activities.
B. The following uses are considered as temporary uses in the S zone:
1. Building materials, storage of, used in a building or construction project, during the construction and 30 days thereafter, including the contractor's temporary office provided that any lot or parcel of land so used shall be part of the project, or on property adjoining the construction site.
2. Temporary Commercial Coach. Use of commercial coaches as temporary offices subject to the provisions of Article X of Chapter 17.40 and this zone. (Ord. No. 947, § 1, 7-13-2010)
17.20.150 Property development regulations.
A. General.
1. No new building or commercial coach shall be erected, constructed, moved onto, or established on an existing legal lot or parcel of land unless said building or temporary commercial coach shall comply with all of the regulations set forth in city ordinances, standards, guidelines or policies and subsection B of this section, or Article X of Chapter 17.40 which are pertinent to its placement on said lot or parcel.
2. No existing building or temporary commercial coach located on an existing legal lot or parcel of land shall be converted, enlarged, or moved unless said building, or addition thereto, shall comply with all of the regulations set forth in city ordinances, standards, guidelines or policies and subsection B of this section, or Article X of Chapter 17.40 which are pertinent to its placement on said lot or parcel.
3. No new lot shall be created or any building, or portion thereof, existing on such new lot be used, unless said lot and said building location shall comply with all of the regulations set forth in city ordinances, standards, guidelines or policies and subsection B of this section.
B. S Zone. Wherever property is designated as a S zone on the zoning map, the following regulations shall apply:
1. Lot dimensions and Yard requirements. Lot dimensions and yard requirements for this section shall be determined by the director on a case by case basis. Determination of lot dimensions, yards, setbacks and projections permitted in yards for a proposed public facility shall take into consideration the configuration of the lot, and the type, height layout, and intended use for the facility, the surrounding land uses, and any potentially adverse impact on surrounding properties from the intended use. In determining lot dimensions, yards and setback requirements for a particular public use, consideration shall be given to similar requirements on adjacent properties and to required lot dimensions and yard requirements in other sections of this title that most closely approximate the intended public use.
2. Height. The height of buildings and structures shall comply with the following:
a. No building in the S zone which is within 100 feet of any RR, SRR or R zone shall exceed a height of 2 stories or 35 feet, whichever is less.
b. No building may be constructed which would shade any existing active solar energy system on adjoining property without the consent of the affected property owner. (See subsection 1 in the definition of solar energy system in Section 17.04.240.) c. Exceptions for Solar Systems. Solar collectors may exceed the height limit when mounted on the roof of a legal, conforming building. The right to exceed the height limit shall be exercised only in Created: 2024-08-22 08:37:08 [EST]
(Supp. No. 10-24, Upd 1)
the event that: there is no other practical means or location for achieving an efficient placement on the building or site in question; such collectors may exceed the height limit only to the extent necessary to achieve efficient placement; in no case shall such solar collectors (or related equipment) encroach more than 5 feet beyond the limit. Also the placement of a solar collector shall not shade or otherwise diminish the efficiency of existing solar collectors on neighboring property, or preclude such property from sufficient solar access to successfully operate a solar energy system sufficient to serve the needs of the business or occupants.
3. Maximum floor area ratio (FAR): 1.0. (See definition in Section 17.04.240.)
4. Landscaping. Landscaping requirements for this section shall be determined by the director on a case by case basis. Determination of landscaping requirements for a proposed public facility shall take into consideration the type, height, layout, and the intended use for the facility, the surrounding land uses, and any potentially adverse impact on surrounding properties from the intended use. In establishing landscaping requirements for a particular public use, consideration shall be given to landscaping requirements in other sections of this title that most closely approximate the intended school use.
5. Outside Storage. Outside storage requirements for this section shall be determined by the director on a case by case basis. Determination of outside storage requirements for a proposed public facility shall take into consideration the type, layout, and the intended use for the facility, the surrounding land uses, and any potentially adverse impact on surrounding properties from the intended use. In establishing outside storage requirements for a particular public use, consideration shall be given to outside storage requirements in other sections of this title that most closely approximate the intended public use.
(Ord. No. 947, § 1, 7-13-2010)
17.20.160 Design and performance standards.
The following design and performance standards shall be met for development in the S zone:
A. General Requirements. Design and performance standards including access, paving, size and marking of spaces and circulation of parking lots, loading spaces, buffering, building design, landscaping, lighting, outside storage and display, screening, service for utilities, signs and similar requirements not hereafter detailed in this subsection, shall be determined by the director on a case by case basis.
Determination of design and performance standards for a proposed public facility shall take into consideration the configuration of the lot, the height, type, layout, and the intended use for the facility, the surrounding land uses, and any potentially adverse impact on surrounding properties from the intended use. In determining design and performance standards for a particular public use, consideration shall be given to design and performance standards in other sections of this title that most closely approximate the intended public use.
B. Specific Requirements.
1. Refuse/Recycling Storage Enclosures. All public uses shall have on the same lot or parcel a refuse/recycling storage area at a ratio of 20 square feet of refuse/recycling storage area for each 1,000 square feet or portion thereof of net floor area of the facility or as may be determined necessary by the director. The enclosure shall be a minimum size of 6 feet in width by 18 feet in length (exterior dimension). Such storage areas shall be enclosed on 3 sides by a minimum 5- foot-high reinforced masonry or concrete wall with a sight-obscuring gate (chain link with slats is not acceptable) of noncombustible materials which is substantially the same height as the enclosing walls. The floor of the enclosure shall be of concrete construction. Such storage areas Created: 2024-08-22 08:37:08 [EST]
(Supp. No. 10-24, Upd 1)
shall not be placed in a location which is openly exposed to a fronting street or a neighboring residential area.
2. Hazardous Materials. Applicants must obtain the approval of the Los Angeles County fire department prior to obtaining any city permits for any use which includes the use of hazardous materials or the storage of hazardous materials or wastes.
3. Radioactive Materials. The use of radioactive materials shall be limited to measuring, gauging or calibration equipment.
4. Noise. Uses which generate noise by the nature of their function and/or processes shall be required to demonstrate that the noise levels emitted from the use shall not exceed 65 dBA at any property line which abuts a residential zone or use. A detailed noise attenuation study by a qualified acoustical engineer may be required by the director to determine appropriate mitigation and methods to incorporate same into project design. Site design methods which may be utilized to reduce noise include:
a. The use of building setbacks and dedication of noise easements to increase the distance between the noise source and receiver;
b. The location of uses and orientation of buildings which are compatible with higher noise levels adjacent to noise generators or in clusters to shield more noise-sensitive areas and uses;
c. The placement of noise-tolerant land uses, such as parking areas, between the noise source and receiver;
d. The placement of noise-tolerant structures to shield noise-sensitive areas.
C. When adjacent to a residential zone or use the following requirements shall also be applied:
1. Artificial lighting used to illuminate the premises shall be directed away from adjacent residential zone or use.
2. Where multistory buildings are to be utilized on lots abutting residentially zoned or used properties, such buildings shall be located or oriented in a manner which will minimize visual intrusion into neighboring property which is residentially zoned or used. (This may be accomplished by setting the building back from the abutting property line beyond the distance required for the yard, selective placement of windows, orienting the building in a manner which will not give occupants a direct view into the yards or windows of neighboring residents.)
3. No signs shall be placed in a manner which visually intrudes into adjoining property which is residentially zoned or used.
4. Trees shall be utilized as a means of improving the interface between public uses and residential uses where appropriate.
5. Buffering. When abutting property which is residentially zoned or used a masonry wall of not less than 6 feet in height shall be provided at the property line in accordance with the provisions for walls specified in Section 17.28.030C to minimize conflicts between public uses and residential uses. A 10 foot landscaped setback shall be placed next to the wall. This requirement shall be modified, where necessary to preclude interference with line-of-sight of a driver within 10 feet of any street, highway or alley, down to a maximum height of 42 inches. The design of the wall shall be considered as part of the site plan review. The site and any buildings thereof shall be designed to locate noise- and odor-generating equipment and activity in a manner which will have a minimal impact on abutting property which is residentially zoned or used. Such techniques may include, but are not limited to, no windows on the building wall(s) facing residentially zoned Created: 2024-08-22 08:37:08 [EST]
(Supp. No. 10-24, Upd 1)
property, insulating structures housing equipment against noise, limitation of the hours of equipment operation, and other controls designed for specific problems. It shall be the burden of the applicant to prove that his project will not have a detrimental effect on neighboring residential property at the time of site plan review.
(Ord. No. 947, § 1, 7-13-2010)
Article IV. Open Space (O) Zone
17.20.170 Purpose and intent.
The purpose and intent of the O zone is to provide the means necessary to implement the policies of the City's General Plan regarding open space and the land use designations "O" (open space), as delineated on the general plan map, and to designate zoning for those uses which are open in nature and thus contribute to the visual and spatial relief from continuous urban development. The "O" zone also serves to provide opportunities for outdoor recreation; preserve scenic qualities; protect sensitive or fragile environmental areas; preserve the capacity and water quality of the stormwater drainage system; and to provide pedestrian and bicycle transportation connections.
(Ord. No. 947, § 1, 7-13-2010)
17.20.180 Permitted uses.
The following uses, excluding uses that stockpile, commercially compost, process, or handle sludge or biosolid materials, are permitted in the O zone:
A. Crops: field, tree, bush, berry and row including nursery stock in nonurban areas; B. Floodways;
C. Roadside rest area;
D. Scenic corridor or scenic easement;
E. Vegetative preservation or management areas;
F. Wildlife preservation or management areas, except gun clubs and hunting preserves. (Ord. No. 947, § 1, 7-13-2010)
17.20.190 Accessory uses.
The following uses are considered as accessory uses to the permitted uses in the O zone:
A. Accessory buildings or structures customarily used in conjunction with permitted uses; B. Solar energy systems, whether mounted on or attached to a building or mounted on the ground. (Ord. No. 947, § 1, 7-13-2010)
17.20.200 Temporary uses.
The following uses are considered as temporary uses in the O zone:
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(Supp. No. 10-24, Upd 1)
A. Building materials, storage of, used in the construction of a building or building project, during the construction and 30 days thereafter, including the contractor's temporary office provided that any lot or parcel of land so used shall be part of the building project, or on property adjoining the construction site.
(Ord. No. 947, § 1, 7-13-2010)
17.20.210 Uses subject to director's review and approval.
If site plans or other pertinent information for the proposed use are first submitted to and approved by the director in accordance with Article VI of Chapter 17.32, premises in the O zone may be used for the following uses:
A. Access to property lawfully used for a purpose not permitted in the O zone, provided no other practical access to such property is available, and such access will not alter the character of the premises in respect to permitted uses in the O zone.
(Ord. No. 947, § 1, 7-13-2010)
17.20.220 Uses subject to permits.
A. The following uses, excluding uses that stockpile, commercially compost, process, or handle sludge or biosolid materials, are permitted in the O zone; provided, a conditional use has first been obtained as provided in Article I of Chapter 17.32, and while such permit is in full force and effect in conformity with conditions of such permit for:
1. Arboretum;
2. Botanical garden;
3. Crops: field, tree, bush, berry and row including nursery stock where the site abuts developed, residential property in the R, MHP, MDR or HDR zones;
4. Open spaces as a part of an RPD development, public;
5. Riding, hiking, bicycle trails but not including trails for motor-driven vehicles; (Ord. No. 947, § 1, 7-13-2010)
17.20.230 Height regulations.
No building in the O zone shall exceed a height of 25 feet. This section does not apply to uses subject to permit which shall be subject to Article I of Chapter 17.32. (See Article XII of Chapter 17.40 for general exceptions.) (Ord. No. 947, § 1, 7-13-2010)
17.20.240 Exception for solar systems.
Solar collectors may exceed the height limit when mounted on the roof of a legal, conforming building. The right to exceed the height limit shall be exercised only in the event that: there is no practical means or location for achieving an efficient placement on the building or site in question; such collectors may exceed the height limit only to the extent necessary to achieve efficient placement; in no case shall such solar collectors (or related equipment) encroach more than 5 feet beyond the limit. Also the placement of a solar collector shall not shade or otherwise diminish the efficiency of existing solar collectors on neighboring property, or preclude such property Created: 2024-08-22 08:37:08 [EST]
(Supp. No. 10-24, Upd 1)
from sufficient solar access to successfully operate a solar energy system sufficient to serve the household needs of the occupants or the intended use.
(Ord. No. 947, § 1, 7-13-2010)
17.20.250 Site plan required.
A site plan drawn to scale shall be required of any person seeking to erect new buildings or structures, make additions to any existing buildings or structures, or otherwise improve or develop any lot or portion thereof for a permitted use prior to the issuance of any building permit. (Ord. No. 947, § 1, 7-13-2010)
17.20.260 Property development regulations.
A. No new building shall be erected, constructed, moved onto, or established on an existing legal lot or parcel of land unless said building shall comply with all of the regulations set forth in this section which are pertinent to its placement on said lot or parcel.
B. No existing building located on an existing legal lot or parcel of land shall be converted, enlarged or moved unless said building, or addition thereto, shall comply with all of the regulations set forth in this section which are pertinent to this placement on said lot or parcel.
C. No new lot shall be created, or any building, or portion thereof, existing on such new lot be used unless said lot and said building location shall comply with all of the regulations set forth in this section which are pertinent to the area and dimensions for new lots and buildings on said lot.
D. O zone:
1. Minimum lot area: 10,000 square feet (see Sections 17.40.093, 17.40.095 and 17.40.097 in the event of lot area, width or depth reduction for highway purposes or public use);
2. Yard requirements (see Section 17.28.030 for special provisions concerning yards):
(See Sections 17.40.093, 17.40.095 and 17.40.097 in the event yard requirements must be reduced for street widening or transit stops.)
a. Front yard: 20 feet,
b. Interior side yard: 20 feet,
c. Street side yard: 20 feet,
d. Rear yard*: 20 feet;
3. Lot coverage:
a. Maximum lot coverage: 10 percent of the lot area;
4. Open space: 70 percent of the lot area;
5. Landscaping: no landscaping shall be placed in a manner which shades or would ultimately shade any existing solar energy system from the sun on a contiguous lot. *EXCEPTION: Solar energy systems are permitted in rear yards and not counted against lot coverage. (Ord. No. 947, § 1, 7-13-2010)
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(Supp. No. 10-24, Upd 1)
17.20.270 Signs.
A person shall not use any sign except as specifically permitted in this section and subject to all regulations and conditions set forth in accordance with Article VI of Chapter 17.32, Director's review. The following signs are permitted in the O zone:
A. Address. Street numbers of all buildings shall be prominently located and of sufficient size to be easily read from the street by public safety personnel (i.e., police, fire, ambulance).
B. Monument Sign. Twenty-five square feet plus 0.25 square feet for each foot of frontage over 100 feet up to a maximum of 50 square feet.
C. Wall Sign. One square foot per linear foot of building frontage.
D. Freestanding signs shall be not less than 25 feet from an interior property line and shall be at least 100 feet from any other freestanding sign.
(Ord. No. 947, § 1, 7-13-2010)
17.20.280 Fences.
A. Purpose. The fence standards promote the positive benefits of fences without negatively impacting the community or endangering public or vehicle safety. Fences can create a sense of privacy, protect children and pets, provide separation from busy streets, and enhance the appearance of property by providing attractive landscape materials. The negative effects of fences can include the creation of street walls that inhibit police and community surveillance, decrease the sense of community, hinder emergency access, lessen solar access, hinder the safe movement of pedestrian and vehicles, and create an unattractive appearance. These standards are intended to promote the positive aspects of fences and to limit the negative ones.
B. Type of fences. The standards apply to walls, fences and screens of all types whether open, solid, wood, metal, wire, masonry, or other material.
C. Location. Fences may be 6 feet tall at the property line. A fence within 30 feet of a street lot line may not be more than 10 percent sight obscuring.
D. Building permits. Building permits are required by Building and Safety Division, for fences 6 feet in height. (Ord. No. 947, § 1, 7-13-2010)
17.20.290 Design requirements.
The following design requirements shall be met by development in the O zone:
A. Existing topography, hydrology, soil, drainage and vegetation conditions shall be retained on undeveloped land in order to retain the visual appeal and function of the undisturbed open space area.
No vehicle, equipment or materials will be operated, stored or placed on the undisturbed area.
B. All buildings shall be designed to enclose or otherwise screen from view all rooftop mechanical equipment, ducts, tanks, etc., including solar systems. This requirement does not include windpowered turbines used for ventilation.
C. Where multistory buildings are to be utilized on lots abutting property in the R zone, such buildings shall be located or oriented in a manner which will minimize the visual intrusion into neighboring single-family property. (This may be accomplished by setting the building back from the abutting Created: 2024-08-22 08:37:08 [EST]
(Supp. No. 10-24, Upd 1)
property line beyond the distance required by the yard, orienting the building in a manner which will not give a view into the back yard of their neighbors, or by other design consideration.) (Ord. No. 947, § 1, 7-13-2010)
Article V. Park (Pk) Zone
17.20.300 Purpose and intent.
The purpose and intent of the Pk zone is to provide the means necessary to implement the policies of the City's General Plan regarding parks and the land use designations "O" (open space), as delineated on the general plan map, and to designate zoning for those uses which are park and recreation facilities and thus contribute to the visual and spatial relief from continuous urban development. (Ord. No. 947, § 1, 7-13-2010)
17.20.310 Permitted uses.
The following uses, excluding uses that stockpile, commercially compost, process, or handle sludge or biosolid materials, are permitted in the Pk zone: A. Parks, public, and associated buildings and recreation facilities. (Ord. No. 947, § 1, 7-13-2010)
17.20.320 Accessory uses.
The following uses are considered as accessory uses to the permitted uses in the Pk zone:
A. Accessory buildings or structures customarily used in conjunction with permitted uses, including but not limited to playground equipment, ball fields and seating, etc.
B. Solar energy systems, whether mounted on or attached to a building or mounted on the ground.
C. Electric Vehicle Charging Station. An electric vehicle charging station (EVCS) shall be permitted as an accessory use within any existing legal single-family or multiple-family residential garage or carport, or within any existing legal commercial parking space in a parking lot or in a parking garage, subject to all applicable city code requirements and the following:
1. Electric vehicle charging stations (EVCS) for public use shall be subject to the following requirements:
a. The EVCSs shall be located in a manner which will be easily seen by the public for informational and security purposes and shall be illuminated during evening business hours; and
b. Be located in desirable and convenient parking locations which will serve as an incentive for the use of electric vehicles; and
c. The EVCS pedestals shall be protected as necessary to prevent damage by automobiles; and
d. The EVCS pedestals shall be designed to minimize potential damage by vandalism and to be safe for use in inclement weather; and
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(Supp. No. 10-24, Upd 1)
e. Complete instructions and appropriate warnings concerning the use of the EVCS shall be posted on a sign in a prominent location on each station for use by the operator; and f. One standard non-illuminated sign, not to exceed 4 square feet in area and 10 feet in height, may be posted for the purpose of identifying the location of each cluster of EVCSs; and
g. The EVCS may be on a timer that limits the use of the station to the normal business hours of the use(s) which it serves to preclude unauthorized use after business hours.
2. Electric vehicle charging stations for private use shall:
a. Be located in a manner which will not allow public access to the charging station; and b. Comply with subsections C.1.c., d. and e. of this section. (Ord. No. 947, § 1, 7-13-2010)
17.20.330 Temporary uses.
The following uses are considered as temporary uses in the Pk zone:
A. Building materials, storage of, used in the construction of a building or building project, during the construction and 30 days thereafter, including the contractor's temporary office provided that any lot or parcel of land so used shall be part of the building project, or on property adjoining the construction site.
(Ord. No. 947, § 1, 7-13-2010)
17.20.340 Uses subject to director's review and approval.
If site plans or other pertinent information for the proposed use are first submitted to and approved by the director in accordance with Article VI of Chapter 17.32, premises in the Pk zone may be used for the following uses:
A. Access to property lawfully used for a purpose not permitted in the Pk zone, provided no other practical access to such property is available, and such access will not alter the character of the premises in respect to permitted uses in the Pk zone;
B. Carnivals, subject to the provisions of Chapter 9.46; C. Signs, as provided in Section 17.20.260.
(Ord. No. 947, § 1, 7-13-2010; Ord. No. 999, § 7, 8-26-2014)
17.20.350 Uses subject to permits.
A. The following uses are permitted in the Pk zone; provided, a conditional use has first been obtained as provided in Article I of Chapter 17.32, and while such permit is in full force and effect in conformity with conditions of such permit for:
1. Arboretum;
2. Archery range;
3. Athletic range;
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(Supp. No. 10-24, Upd 1)
4. Botanical garden;
5. Campgrounds, publicly or privately owned or operated, containing overnight camping facilities for tents, travel trailers, camper trucks or other recreational vehicles;
6. Fishing and casting ponds, recreational;
7. Golf courses, including the customary clubhouse and appurtenant facilities;
8. Golf or baseball driving ranges;
9. Open spaces as a part of an RPD development, public;
10. Parks;
11. Picnic grounds;
12. Playgrounds;
13. Polo grounds;
14. Radio and television stations and towers including studios. Existing stations may expand their building floor area up to 50 percent without obtaining a conditional use permit;
15. Riding, hiking, bicycle trails but not including trails for motor-driven vehicles;
16. Swimming pool, public;
17. Utilities, minor, public and private; including telephone repeater stations and microwave stations. (Ord. No. 947, § 1, 7-13-2010)
17.20.360 Height regulations.
No building in the Pk zone shall exceed a height of 40 feet. This section does not apply to uses subject to permit which shall be subject to Article I of Chapter 17.32. (See Article XII of Chapter 17.40 for general exceptions.) (Ord. No. 947, § 1, 7-13-2010)
17.20.370 Exception for solar systems.
Solar collectors may exceed the height limit when mounted on the roof of a legal, conforming building. The right to exceed the height limit shall be exercised only in the event that: there is no practical means or location for achieving an efficient placement on the building or site in question; such collectors may exceed the height limit only to the extent necessary to achieve efficient placement; in no case shall such solar collectors (or related equipment) encroach more than 5 feet beyond the limit. Also the placement of a solar collector shall not shade or otherwise diminish the efficiency of existing solar collectors on neighboring property, or preclude such property from sufficient solar access to successfully operate a solar energy system sufficient to serve the household needs of the occupants or the intended use.
(Ord. No. 947, § 1, 7-13-2010)
17.20.380 Site plan required.
A site plan drawn to scale shall be required of any person seeking to erect new buildings or structures, make additions to any existing buildings or structures, or otherwise improve or develop any lot or portion thereof for a permitted use prior to the issuance of any building permit. The director or his designated representative shall Created: 2024-08-22 08:37:08 [EST]
(Supp. No. 10-24, Upd 1)
review the site plan for conformance with the provisions of this title. The site plan shall demonstrate conformance with height regulations (Section 17.20.350), property development regulations (Section 17.20.380), sign regulations (Section 17.20.390), off-street parking requirements (Section 17.20.400), design requirements (Section
17.20.410) and any other requirements as established for the Pk zone. In addition to the requirements set forth in the Pk zone, the director may place conditions on the approval of the site plan where he finds that such action is necessary to protect the public health, safety, and welfare. At such time as the site plan complies with the intent of this title, the site plan may be approved by the director or his designated representative. The site plan approval shall be valid for one year from the date of approval. A one-year extension of the approval may be granted by the director or his designated representative. In the event the site plan is denied, the applicant may appeal the decision in accordance with Section 17.36.030.
(Ord. No. 947, § 1, 7-13-2010)
17.20.390 Property development regulations.
A. No new building shall be erected, constructed, moved onto, or established on an existing legal lot or parcel of land unless said building shall comply with all of the regulations set forth in this section which are pertinent to its placement on said lot or parcel.
B. No existing building located on an existing legal lot or parcel of land shall be converted, enlarged or moved unless said building, or addition thereto, shall comply with all of the regulations set forth in this section which are pertinent to this placement on said lot or parcel.
C. No new lot shall be created, or any building, or portion thereof, existing on such new lot be used unless said lot and said building location shall comply with all of the regulations set forth in this section which are pertinent to the area and dimensions for new lots and buildings on said lot.
D. O zone:
1. Minimum lot area: 10,000 square feet (see Sections 17.40.093, 17.40.095 and 17.40.097 in the event of lot area, width or depth reduction for highway purposes or public use);
2. Yard requirements (see Section 17.28.030 for special provisions concerning yards):
(See Sections 17.40.093, 17.40.095 and 17.40.097 in the event yard requirements must be reduced for street widening or transit stops.)
a. Front yard: 20 feet,
b. Interior side yard: 20 feet,
c. Street side yard: 20 feet,
d. Rear yard*: 20 feet;
3. Lot coverage**:
a. Maximum lot coverage: 10 percent of the lot area;
4. Open space**: 70 percent of the lot area;
5. Landscaping: no landscaping shall be placed in a manner which shades or would ultimately shade any existing solar energy system from the sun on a contiguous lot. *EXCEPTION: Solar energy systems are permitted in rear yards and not counted against lot coverage. **EXCEPTION: Public community or recreation buildings are exempted from lot coverage and open space requirements.
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(Supp. No. 10-24, Upd 1)
(Ord. No. 947, § 1, 7-13-2010)
17.20.400 Signs.
A person shall not use any sign except as specifically permitted in this section and subject to all regulations and conditions set forth in accordance with Article VI of Chapter 17.32, Director's review. The following signs are permitted in the Pk zone:
A. Address. Street numbers of all buildings shall be prominently located and of sufficient size to be easily read from the street by public safety personnel (i.e., police, fire, ambulance).
B. Monument Sign. Twenty-five square feet plus 0.25 square feet for each foot of frontage over 100 feet up to a maximum of 50 square feet.
C. Wall Sign. One square foot per linear foot of building frontage.
D. Freestanding signs shall be not less than 25 feet from an interior property line and shall be at least 100 feet from any other freestanding sign.
(Ord. No. 947, § 1, 7-13-2010)
17.20.410 Off-street parking.
A. The automobile parking facilities required by Section 17.12.220 of this title shall be provided and permanently maintained as such unless and until a substitute has been provided which is in full compliance with the provisions of this title.
B. Parking in required yards is prohibited.
(Ord. No. 947, § 1, 7-13-2010)
17.20.420 Design requirements.
The following design requirements shall be met by development in the Pk zone:
A. Existing topography, hydrology, soil, drainage and vegetation conditions shall be retained on undeveloped land in order to retain the visual appeal and function of the undisturbed open space area.
No vehicle, equipment or materials will be operated, stored or placed on the undisturbed area.
B. All buildings shall be designed to enclose or otherwise screen from view all rooftop mechanical equipment, ducts, tanks, etc., including solar systems. This requirement does not include windpowered turbines used for ventilation.
C. A wall of not less than 5 feet nor greater than 6 feet in height measured from the highest ground elevation on either side of the wall (except where specified otherwise in Section 17.28.030C) may be required by the director to be constructed along all or a portion of the perimeter of the premises as necessary to protect adjoining property.
D. Where multistory buildings are to be utilized on lots abutting property in the R zone, such buildings shall be located or oriented in a manner which will minimize the visual intrusion into neighboring single-family property. (This may be accomplished by setting the building back from the abutting property line beyond the distance required by the yard, orienting the building in a manner which will not give a view into the back yard of their neighbors, or by other design consideration.) (Ord. No. 947, § 1, 7-13-2010)
Title 17 - ZONING
Chapter 17.20 - PUBLIC, OPEN SPACE AND SPECIAL PURPOSE ZONES Article VI. Cemetery (Ce) Zone
Lancaster, California, Code of Ordinances Created: 2024-08-22 08:37:09 [EST] (Supp. No. 10-24, Upd 1)
Article VI. Cemetery (Ce) Zone
17.20.430 Purpose and intent.
The purpose and intent of the Cemetery (Ce) zone is to implement the cemetery requirements as set forth in the Lancaster Municipal Code. As used in this title, "cemetery" means a place for the permanent interment of dead human bodies or the cremated remains thereof, including a crematory. It may be either a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments, or a combination of one or more thereof. Properties designated with the Cemetery zone shall conform to the requirements of Section 17.20.430 through 17.20.570.
(Ord. No. 947, § 1, 7-13-2010)
17.20.440 Uses subject to permits.
The following uses may be permitted provided the specified permit has first been obtained, and while such permit is in full force and effect in conformity with the conditions of such permit for:
A. Cemeteries, including columbariums, crematoriums and mausoleums, as provided in Sections
17.20.430 through 17.20.570.
(Ord. No. 947, § 1, 7-13-2010)
17.20.450 When deemed established.
A. A cemetery shall be deemed to be established or maintained or extended where the interment of one or more dead human bodies or cremated remains is made in or upon any property, whether or not the same has been duly and regularly dedicated for cemetery purposes under the laws of the state of California, and which at the date this article takes effect was not included within the boundaries of a legally existing cemetery.
B. Any person who makes or causes to be made any interment in or upon such property, and any person having the right of possession of any such property who knowingly permits the interment of a dead body or cremated remains therein or thereupon shall be deemed to have established, or maintained, or extended a cemetery within the meaning of the provisions of this title. (Ord. No. 947, § 1, 7-13-2010)
17.20.460 Permit required.
A person shall not establish or maintain any cemetery or extend the boundaries of any existing cemetery at any place within the unincorporated territory of the county of Los Angeles without a permit first having been applied for and obtained from the commission. This section does not prevent the maintenance, development and operation within their present boundaries of cemeteries which were legally established on the date this article takes effect.
(Ord. No. 947, § 1, 7-13-2010)
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(Supp. No. 10-24, Upd 1)
17.20.470 Application for permit.
Any person desiring to obtain a permit required by this article shall file a written application therefore with the director.
(Ord. No. 947, § 1, 7-13-2010)
17.20.480 Verification of application.
The president and secretary of the corporation which will be in charge of the operation of the proposed cemetery and the owner of the land to be included therein shall sign the application for a permit required by this article. Such persons shall also verify the application as provided by the Code of Civil Procedure of the state of California for the verification of pleadings in civil actions. (Ord. No. 947, § 1, 7-13-2010)
17.20.490 Contents of application.
An application for a permit required by this article shall set forth in separate paragraphs or in exhibits attached thereto the following information:
A. A list certified to be correct by affidavit or by statement under penalty of perjury pursuant to Section 2015.5. of the Code of Civil Procedure of names and addresses of:
1. All persons owning any part of the property proposed to be used as a cemetery, and
2. All persons owning property within a distance of 1½ miles of said proposed cemetery or extension of an existing cemetery where there are 50 or more buildings used either for residence or business within such distance as shown on the latest available assessment roll of the county of Los Angeles;
B. The names and addresses of the officers and directors of the corporation which will be in charge of the operation of the cemetery;
C. A map showing the exact location, exterior boundaries and legal description of the property which it is proposed to use for a cemetery and the location of all buildings, whether public or private, located within a distance of 1½ miles from the exterior boundaries of said premises, and the location and depth of all wells in said area from which domestic or irrigating water is obtained. The map shall also show the location and names of all public highways located within a distance of 1½ miles from the exterior boundaries of the said premises, and if no public highways are located within said distance then said map shall show the location and at least ½ mile of the extent of the 3 public highways having a length of at least ½ mile which are located nearest to said premises. The map shall further show the elevation in feet above sea level of the highest and lowest points in the said premises and the width, depth and location of all natural watercourses and artificial drains or conduits for the drainage of storm water located upon the said premises or within 2,000 feet from the exterior boundary thereof in any direction;
D. A financial statement of applicant showing the financial ability of applicant to establish, care for, and maintain the proposed cemetery in such a manner as to prevent the same from being a public nuisance;
E. A statement setting forth whether the said cemetery is to be established as a perpetual care or nonperpetual care cemetery, and if a perpetual care fund is to be or has been created, the amount Created: 2024-08-22 08:37:08 [EST]
(Supp. No. 10-24, Upd 1)
then on hand and the method, scheme or plan of continuing and adding to the same in full details sufficient to show that said cemetery will be maintained so as not to become a public nuisance. (Ord. No. 947, § 1, 7-13-2010)
17.20.500 Filing fee.
When an application is filed it shall be accompanied by the filing fee required by resolution of the city council.
(Ord. No. 947, § 1, 7-13-2010)
17.20.510 Scheduling of hearings.
The commission shall hold 2 public hearings on an application for a cemetery permit. The first such hearing shall be held within 60 days from the date the application is filed. (Ord. No. 947, § 1, 7-13-2010)
17.20.520 Notice of hearings.
Not less than 20 days prior to the date of a hearing on an application for a cemetery permit, the director shall:
A. Cause a copy of such notice to be published in a newspaper of general circulation in the county of Los Angeles, the first such publication appearing at least 20 days prior to the date of hearing as follows:
1. Ten publications within such period if in a daily newspaper, or
2. Three publications if in a weekly newspaper;
B. Cause notices of said hearing to be posted conspicuously along the exterior boundary line of said proposed cemetery, or extension of an existing cemetery, not more than 300 feet apart and at each change of direction of the said boundary line, and also in the same manner along both sides of all public highways within 1½ miles of such exterior boundaries, and in such manner as will reasonably give notice to passersby of the matters contained in such notice. The notices referred to in this subsection shall contain a copy of the notice of hearing, a rough sketch showing the boundaries of the proposed cemetery or extension of an existing cemetery, and all public highways within a distance of 1½ miles of such exterior boundaries and a statement in black face letters not less than one inch high:
"NOTICE OF PROPOSAL TO ESTABLISH CEMETERY";
C. Where there are 50 or more buildings used either for residence or business purposes within a distance of 1½ miles from such exterior boundaries of said proposed cemetery or extension of an existing cemetery, he shall cause a notice of the said hearing to be mailed by first class mail, postage prepaid, to all persons whose names and addresses appear on the verified lists of property owners required to be submitted by the applicant.
(Ord. No. 947, § 1, 7-13-2010)
17.20.530 Denial of permit.
A permit may be denied if it is found that:
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(Supp. No. 10-24, Upd 1)
A. The establishment or maintenance of the proposed cemetery or the extension of an existing cemetery will or may jeopardize or adversely affect the public health, safety, comfort or welfare; or B. Such establishment, maintenance or extension will or may reasonably be expected to be a public nuisance; or
C. Such establishment, maintenance or extension will tend to interfere with the free movement of traffic or with the proper protection of the public through interference with the movement of police, ambulance or fire equipment, and thus interfere with the convenience of the public or the protection of lives and property of the public; or
D. That the applicant through the proposed perpetual care fund or otherwise cannot demonstrate adequate financial ability to establish and maintain the proposed cemetery so as to prevent the proposed cemetery from becoming a public nuisance.
(Ord. No. 947, § 1, 7-13-2010)
17.20.540 Dedication of highways.
Before taking final action either the commission or the board of supervisorscity council may require of the applicant any reasonable dedication of public streets or highways through the premises proposed to be used for the proposed cemetery or extension of an existing cemetery so as to prevent the same from jeopardizing the public safety, comfort or welfare, and if the time required by the commission or the board of supervisorscity council for compliance with such conditions having been met, the commission or the board of supervisorscity council may deny the permit.
(Ord. No. 947, § 1, 7-13-2010)
17.20.550 Repeated applications.
In the event that the commission or the board of supervisorscity council shall have denied its approval of any application heretofore or hereafter made for any permit provided for herein no new or further applications for any such permit shall be made to establish or extend a cemetery upon the same premises, or any portion thereof, as described in such previous applications, until the expiration of one year from and after the date of the denial of such approval.
(Ord. No. 947, § 1, 7-13-2010)
17.20.560 Assignment.
No permit granted as a result of any such application shall be assignable prior to the actual establishment of such cemetery or extension of any existing cemetery, nor shall such permit be used by any other person than applicant in the establishment of such cemetery or extension of an existing cemetery. (Ord. No. 947, § 1, 7-13-2010)
17.20.570 Minor expansion.
Where an application is filed requesting a cemetery permit for the expansion of the boundaries of an existing cemetery and the area of such proposed expansion: (1) will not exceed the lesser of 10 percent of the area of the existing cemetery, or 5 acres; and (2) was owned by the cemetery association at the time the existing cemetery was established; and (3) will not extend beyond natural or constructed barriers such as streets and highways, Created: 2024-08-22 08:37:09 [EST]
(Supp. No. 10-24, Upd 1)
watercourses, drainage channels, and ravines; and (4) no previous expansion has been approved for the existing cemetery utilizing the modified application and notification requirements of this section, the applicant may:
A. Substitute a distance of 700 feet in lieu of the 1½ mile distance for the certified list of names and addresses required to be submitted by subsection A.2. of Section 17.32.460; and B. Substitute a distance of 700 feet in lieu of the 1½ mile distance for maps required by subsection C of Section 17.32.460; and
C. Substitute a distance of 700 feet in lieu of the 1½ mile distance for posting notices of hearing along public highways as required by subsection B of Section 17.32.490; and D. Where there are 50 or more buildings used either for residence or business purposes within a distance of 1½ miles from such exterior boundaries of said proposed expansion, the applicant shall cause a notice of the said hearing to be mailed by first class mail postage prepaid, to all persons whose names and addresses appear on the verified lists of owners of property within 700 feet of such expansion, which list is required to be submitted by the applicant. (Ord. No. 947, § 1, 7-13-2010)
17.20.580 Reduction in boundaries.
Where an application is filed requesting a cemetery permit for a reduction in boundaries of an existing cemetery never used the applicant may:
A. Substitute a distance of 700 feet for filing and application requirements as provided in the case of minor expansions by subsections A, B, C, and D of Section 17.20.560; and B. Delete the information required by subsections D and E of Section 17.20.480. (Ord. No. 947, § 1, 7-13-2010)
Article VII. Specific Plan (SP) Zone
17.20.590 Purpose and intent.
The purpose and intent of the SP zone is to provide the means necessary to implement the city general plan; whether it is solely the SP designation, or in conjunction with any other general plan land use designation as set forth in the text of the general plan, and as delineated on the general plan map. The specific plan zone is intended to be in accordance with applicable goals, objectives, policies and specific actions set forth by the plan. It is the intent of the SP zone that specific plans be prepared to regulate the use and development of property prior to, or in conjunction with, the review of development and subdivision proposals. It is intended that these specific plans be comprehensive and cover a logical planning area so that development in the SP zone occurs in a coordinated fashion, with adequate public/private services and infrastructure, rather than as a series of isolated individual projects. It is further intended that these specific plans provide the opportunity for unique and creative designs that are not possible under the city's typical development regulations.
Where so specified on the general plan map, the land use category shall determine the type of land use permitted and/or the density range for the specific plan. Where the SP zone is specified without a land use designation on the general plan map, the specific plan shall include a comprehensive proposal for development, which may include but is not limited to, a variety of mixed land uses and standards to enhance and protect the physical features of the site and surrounding areas.
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It shall also be the intent of the SP zone to allow certain individual uses on property where no specific plan has been adopted when such uses will not adversely affect the surrounding area or the city's ability to adopt a future specific plan for the area.
(Ord. No. 947, § 1, 7-13-2010)
17.20.600 Prohibition.
A person shall not use any premises in the SP zone except as hereafter permitted in this title and subject to all regulations and conditions enumerated in this title. Where a specific plan has been adopted by the city, it shall supersede all regulations contained in this article.
(Ord. No. 947, § 1, 7-13-2010)
17.20.610 Permitted uses.
The following uses are permitted within the SP zone:
A. Agricultural crop production, including necessary on-site processing, sales and storage facilities; provided, that no sludge or biosolid material shall be applied to any land as a soil amendment; B. Continued operation of existing uses, including residences, which were legally established prior to the adoption of the SP zone on August 3, 1992. Residences in the C, LI, or HI general plan land use designations may be expanded by a maximum cumulative total of 500 square feet of living area. This size limit does not apply accessory dwelling units and junior accessory dwelling units subject to Chapter
17.41, Article I. Residences within the UR, MDR or HDR land use designations may be expanded without limitation provided that all applicable property development regulations are met.
C. Mobilehome on an existing vacant legal lot, in accordance with the design standards as established in Section 17.08.370, with a general plan land use designation of UR, MDR or HDR.
D. Single-family residence on an existing vacant legal lot, including all typical accessory uses and structures, with a general plan land use designation of UR, MDR or HDR.
E. Public and quasi-public facilities necessary for the health, safety and welfare of the public, including but not limited to communication facilities, fire stations and utilities.
F. Re-use of existing vacant premises with new use consistent with the land use designation, including site or structural improvements necessary to meet current codes. (Ord. No. 947, § 1, 7-13-2010; Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.20.620 Uses subject to director's review and approval.
If site plans or other pertinent information for the proposed use are first submitted to and approved by the director in accordance with Article I of Chapter 17.32 and Section 17.20.680, premises in the SP zone may be used for the following uses:
A. Establishment of a new use that is not consistent with the underlying land use designation only when:
1. The use will occupy an existing developed site that is appropriate for the use; and
2. The use will not be detrimental to other uses or property in the surrounding area.
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B. Expansion of a legally established commercial or industrial use where the use is consistent with the general plan land use designation of C, LI or HI.
C. Home occupation subject to the provisions of Section 17.08.320.
D. One dwelling unit, in accordance with Section 17.16.060A.7. 17.16.040, used for residence by a caretaker and his immediate family, where there is a legally operating use that requires continuous supervision on a site with a general plan land use designation of LI or HI.
E. Raising, training, breeding of animals, including all necessary facilities; slaughtering and packaging operations may be allowed only where the underlying land use is HI provided that no sludge or biosolid material shall be applied to any land as a soil amendment. (Ord. No. 947, § 1, 7-13-2010)
17.20.630 Uses subject to conditional use permit.
Property within the SP zone may be used for the following uses provided that a conditional use permit has first been obtained in accordance with Article I of Chapter 17.32 and Section 17.20.680:
A. Churches, temples, or other places used exclusively for religious worship, including incidental education and social activities on a lot with a general plan land use designation of UR, MDR, HDR or C; B. Day care center;
C. Schools, through grade 12 on a site with a general plan land use designation of UR, MDR or HDR; D. Recreational facilities, including parks;
E. Warehousing and mini-storage, including outdoor storage and construction yards subject to screening standards of the corresponding zone on a lot with a general plan land use designation of LI or HI. (Ord. No. 947, § 1, 7-13-2010; Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.20.640 Interpretation.
Where a conflict in interpretation occurs regarding application of Section 17.20.600, 17.20.610, 17.20.620 or
17.20.640 to any specific case the director shall determine the interpretation. (Ord. No. 947, § 1, 7-13-2010)
17.20.650 Specific plan required.
An applicant seeking to subdivide property, or to develop or use property in an SP zone except as otherwise allowed by this title, shall present a proposal to the Department of Community Development for a specific plan which complies with the specific plan provisions of California Government Code, Article 8, Section 65450 et seq. An application for a specific plan shall be filed with the Department of Community Development on a form prescribed by the director and shall include such information, maps and data as determined necessary by the director to afford a complete analysis of the proposal and to be in conformance with state law. (Ord. No. 947, § 1, 7-13-2010)
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17.20.660 Fee required.
When an application is filed for a specific plan it shall be accompanied by the filing fee established for a zone change by resolution of the city council.
(Ord. No. 947, § 1, 7-13-2010)
17.20.670 Property development regulations.
A. Any development within the SP zone, including establishment or enlargement of uses, buildings or structures, shall comply with the property development regulations of the zoning classification that corresponds to the general plan land use designation on the site.
B. Residential projects and mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use shall be subject to the objective design standards in Chapter 17.41, Article IV and those objective design standards contained within an applicable master plan or specific plan. If there is a conflict between the objective design standards in Chapter 17.41, Article IV and those in the applicable master plan or specific plan, the standards of the master plan or specific plan shall prevail.
(Ord. No. 947, § 1, 7-13-2010; Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.20.680 Signs.
Signs shall be allowed within the SP zone subject to the requirements of the zoning classification that corresponds with the general plan land use designation of the site. Off-premises advertising signs, including billboard relocations, are strictly prohibited in the SP zone. Uses subject to conditional use permit shall be required to prepare a comprehensive sign plan to regulate the placement of signage. (Ord. No. 947, § 1, 7-13-2010)
17.20.690 Findings for director's review and conditional use permit.
In approving an application for director's review or conditional use permit, the following findings shall be made in addition to the findings specified elsewhere in this title:
A. The proposed use will not adversely affect the ability of the city to adopt a comprehensive specific plan on, or in the vicinity of, the subject property.
B. The proposed use will not result in further subdivision of the subject property. (Ord. No. 947, § 1, 7-13-2010)
Article VIII. Senior Mobilehome Park Overlay (MHP-S) Zone
17.20.700 Purpose and intent.
The purpose and intent of the MHP-S overlay zone is to implement the senior mobilehome park requirements as set forth in Section 17.08.305 of the Lancaster Municipal Code. Properties designated with the MHP-S overlay zone shall conform to the requirements of Section 17.08.305 of the Lancaster Municipal Code and Created: 2024-08-22 08:37:09 [EST]
(Supp. No. 10-24, Upd 1)
related requirements applicable to senior mobilehome parks as set forth in Title 17 of the Lancaster Municipal Code.
(Ord. No. 947, § 1, 7-13-2010)
17.20.710 Prohibition.
A person shall not use any premises in the MHP-S zone except as hereafter permitted in this title and subject to all regulations and conditions enumerated in this title. (Ord. No. 947, § 1, 7-13-2010)
17.20.720 Permitted uses.
The following uses are permitted in the MHP-S zone subject to stated regulations and conditions:
A. Senior mobilehome park as defined in Section 17.04.240 and subject to all requirements as set forth in Section 17.08.305.
(Ord. No. 947, § 1, 7-13-2010)
Article IX. Housing Density Overlay (HD-O) Zone
17.20.730 Purpose and intent.
The purpose and intent of the Housing Density Overlay Zone (HD-O) is to provide flexibility and opportunities for additional housing types by providing means to achieve a higher maximum allowed density than would otherwise be allowed by the underlying zoning.
(Ord. No. 1090, § 3(Exh. A), 6-28-2022)
17.20.740 Applicability of standards.
The Housing Density Overlay Zone standards apply only to locations designated on the zoning map with a Housing Density Overlay Zone. A Housing Density Overlay Zone may only be applied to properties within the HDR, C, and CPD zones, upon application by a project proponent or the City, consistent with the provisions of Chapter
17.24. (Ord. No. 1090, § 3(Exh. A), 6-28-2022)
17.20.750 Development regulations.
Properties designated with the Housing Density Overlay zone shall conform to all standards established within the underlying zone where the overlay is applied, with the following exception:
1. Maximum Density. Residential density shall not exceed fifty (50) dwelling units per acre. (Ord. No. 1090, § 3(Exh. A), 6-28-2022)
Article X. East Side Overlay Zone (EOZ) District
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17.20.760 In general.
As used in this title "East Side Overlay Zone District" applies to property designated on the zoning map by reference letters "EOZ" after the reference letter(s) identifying the base zoning district.
The base district is zoned Rural Residential-2.5 (RR-2.5), intended for rural single-family residential use, allowing one dwelling unit per minimum net area of 100,000 square feet. (Ord. No. 1105, § 4(Exh. A), 9-12-2023)
17.20.770 Purpose and intent.
The purpose and intent of the EOZ District is to establish allowed use provisions and requirements for areas of the city where the specified light industrial uses and rural residential are compatible. The purpose and intent of the EOZ District is also to provide the means necessary to implement the City of Lancaster general plan, specifically: the "light industry" category, where compatible with the base district rural residential uses, the "nonurban residential" category (zoned RR-2.5). (Ord. No. 1105, § 4(Exh. A), 9-12-2023)
17.20.780 Permitted uses—East Side Overlay zone.
Permitted uses for the East Side Overlay are listed below. In the event of a conflict between allowed uses for this district and the allowed uses of the underlying base zoning district, the allowed uses for the East Side Overlay Zone District shall apply. Uses which do not fall into any other category, and are not temporary or accessory uses, uses subject to director's review, or uses subject to permit in this EOZ District, that are consistent with the purpose and intent of this overlay and similar to other uses permitted herein shall be determined by the director.
East Side Overlay—Uses Matrix
Definition
P = Permitted Use; DR = Director's Review; C = Conditional Use Permit; N/A = Not Allowed A. Permitted Uses.
Permitted Use (P), Director's Review (DR) and Conditional Use Permit (CUP) include those listed within the RR2.5 Zone (Section 17.08.050), unless specifically addressed within the East Side Overlay District.
Alcohol Production - Brewery, Winery, or Distillery P
Contractor Storage Yard - Indoor and Outdoor P
Research and Development P
B. Accessory Uses.
Permitted Use (P) and Director's Review (DR) Accessory Uses include those listed within the RR-2.5 Zone (Section 17.08.050), unless specifically addressed within the East Side Overlay District.
C. Temporary Uses.
Permitted (P) and Director's Review (DR) Temporary Uses include those listed within the RR-2.5 Zone (Section
17.08.050), unless specifically addressed within the East Side Overlay District.
D. Other Uses.
This category includes those uses which do not fall into any other category, and are not temporary or accessory uses, uses subject to the Director's Review, or uses subject to permit in this zone, which the Director deems the use consistent with the purpose and intent of this overlay and similar to other uses permitted herein.
To be
determined by
the Director
E. Uses Subject to Conditional Use Permits.
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Alternative Energy Uses C
Automobile, Boat, Equipment, Motorcycle, Truck, Tractor, Service, Repair, Accessories and Parts
C
Buildings and Structures over 50 feet in height (any use) C Building Trades and Related Uses C
Distribution C
Food Manufacturing, Processing, Wholesale Sales and Storage C Light Manufacturing C
Warehousing C
F. Prohibited Uses.
Commercial Cannabis Facilities N/A
(Ord. No. 1105, § 4(Exh. A), 9-12-2023)
17.20.790 Use descriptions.
All uses are subject to any stated exceptions, development requirements, and standard city approval process.
Alcohol Production - Brewery, Winery or Distillery. This category includes establishments where beer, wine, and/or other spirts are prepared, bottled, stored, and sold for on- or off-site consumption. Tasting rooms or seating areas may be provided on-site. Tasting room/seating areas shall be limited up to 25% of the floor space area.
Alternative Energy Uses. This category includes both solar photovoltaic electric generation facility (solar farms), hydrogen production and generation facilities and other similar uses. Solar uses in the EOZ District must comply with regulations set forth in Section 17.08.290, Solar Farms. All hydrogen production, storage, and transport activities must comply with federal and state regulations.
Automobile, Boat, Equipment, Motorcycle, Truck, Tractor, Service, Repair, Accessories and Parts. This category includes, but is not limited to body and frame shops, auto upholstery shops, brake shops, muffler shops, radiator shops, repair shops. All activities shall be conducted within an enclosed building.
Building Trades and Related Uses. This category includes, but is not limited to cabinet making, carpenter shop, engineers and surveyors, and landscape materials (including nurseries). This land use excludes batch plants and concrete transit mix uses.
Contractor Storage Yards. This category includes outdoor storage area used for the storage of the equipment, vehicles, or other materials while not in use. Contractor storge yards may include administrative offices and other accessory uses directly related to the business on the property.
Distribution. Includes facilities primarily engaged in the receipt, storage, and distribution of goods, products, cargo, and materials, including transshipment by air, rail or motor vehicle, but excludes truck terminals. All storage activities shall be conducted within an enclosed building.
Food Manufacturing, Processing, Wholesale Sales and Storage. This category includes but is not limited to breweries, coffee roasting, dairy products, fruit and produce, malt products, meat processing, oleomargarine, sodium glutamate, soft drinks, vitamin tablets, and similar uses. All such uses shall be conducted within an enclosed building. This category does not include dairies, lard manufacturing, pickles, sausage, sauerkraut, slaughter houses, distillation of vinegar, or the canning of other fish or meats and similar uses; these uses are specifically excluded. All such uses shall be conducted within an enclosed building.
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Light Manufacturing. This category includes any kind of manufacturing, processing, or treating of products which are not obnoxious or offensive by reason of the emission of odor, dust, smoke, gas, noise, or other causes.
Typical uses include, but are not limited to, cabinet/carpenter shops, garment manufacturing, machine shops, and textile manufacturing. All activities shall be conducted within an enclosed building.
Research and Development. This category includes but is not limited to laboratories and facilities for scientific research, development, and testing, including use of hazardous materials in compliance with local, state, and federal regulations. Ancillary administrative offices are permitted. Agricultural and biological research involving sludge or biosolid material shall be conducted only within an enclosed building or suitable containment vessel.
Warehousing. Includes facilities primarily engaged in the storage of goods and materials in a building and does not include the assembly or manufacture of goods and materials. (Ord. No. 1105, § 4(Exh. A), 9-12-2023)
17.20.800 Parking requirements.
The automobile parking facilities required by this section shall be provided and permanently maintained as such. The following parking requirements shall be complied within the East Side Overlay zone:
Use Parking
Base Zone Use (including permitted, Director's Review,
and conditional uses)
Uses shall include, but are not limited to the uses
within the RR-2.5 zone Section 17.08.050, unless
specifically addressed within the Overlay
Refer to Section 17.08.100
Alternative Energy Uses To be determined by the Director with consideration for the number of employees and visitors reasonably
expected for the particular use, as sufficiently
demonstrated in the applicable land use application
Automobile, Boat, Equipment, Motorcycle, Truck,
Tractor, Service, Repair, Accessories and Parts
1 parking space for each 400 square feet and 4 parking
spaces for each service bay
Building Trades and Related Uses 1 parking space for each 400 square feet Distribution A minimum of 5 parking spaces for warehouses with a gross floor area up to 25,000 square feet: and for
warehouses with a gross floor area in excess of 25,000
square feet, a minimum of 5 parking spaces plus one
additional space for each 5,000 square feet or fraction thereof over and above 25,000 square feet
Food Manufacturing, Processing, Wholesale Sales and
Storage
1 parking space for each 400 square feet
Light Manufacturing 1 parking space for each 400 square feet Research and Development 1 parking space for each 250 square feet of gross floor area
Warehousing A minimum of 5 parking spaces for warehouses with a gross floor area up to 25,000 square feet: and for
warehouses with a gross floor area in excess of 25,000
square feet, a minimum of 5 parking spaces plus one
additional space for each 5,000 square feet or fraction thereof over and above 25,000 square feet
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Other Uses
This category includes those uses which do not fall
into any other category, and are not temporary uses,
uses subject to Director's Review, or uses subject to
permit in this zone, which the director deems the use
consistent with the purpose and intent of this overlay
and similar to other uses permitted herein
To be determined by the director with consideration
for the number of employees and visitors reasonably
expected for the particular use, as sufficiently
demonstrated in the applicable land use application
Reduction in Parking. Reduction in the number of parking spaces required by this code may be permitted with approval of the director. The developer, property owner, or authorized agent shall determine the number of parking spaces sufficient for the proposed use and shall provide justification acceptable to the director of and/or the planning commission to support the determination.
(Ord. No. 1105, § 4(Exh. A), 9-12-2023)
17.20.810 Development standards.
A. General Development Standards. Property in the EOZ shall be subject to the following general development standards:
Front Yard Setback 20 feet
Interior Side Yard Setback 10 feet
Street Side Yard Setback 20 feet
Rear Yard Setback 10 feet
Maximum height of structure without a CUP 50 feet
Maximum Floor Area Ratio (F.A.R.) .50
1. No building may be constructed which would shade any existing active solar energy system on adjoining property without the consent of the affected property owner (Refer to Section 17.04.240).
2. Buildings and structures over 50 feet in height shall be subject to a conditional use permit.
3. Proposed projects within 100 feet of an existing residential use shall be required to mitigate detrimental or potentially detrimental impacts to the reasonable use of the residential property, to the satisfaction of the director. Additional requirements based on proximity to existing residential uses are outlined in Section I, below.
B. Paving. Required parking areas, as well as the maneuvering areas and driveways used for access thereto shall be paved with: (NOTE: Permits are required for any work done in the public right-of-way.)
1. Concrete surfacing to a minimum thickness of 3½ inches with expansion joints as necessary; or
2. Asphalt surfacing, rolled to a smooth, hard surface having a minimum thickness of 2 inches after compaction, and laid over a base of crushed rock, gravel or other similar material compacted to a minimum thickness of 4 inches.
3. For commercial and industrial truck parking and drive aisles, asphalt surfacing rolled to a smooth hard surface having a minimum thickness of 3 inches after compaction and, at a minimum, designed to accommodate a traffic index (TI) of 6.5 as calculated in accordance with the latest edition of the CalTrans Highway Design Manual. Large industrial projects may need a greater TI based upon their use.
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4. Other alternative material that will provide at least the equivalent in dust-free service, life and appearance of the materials and standards which would be employed for development.
5. The director shall review and report on the adequacy of paving where modification of base is proposed, or where alternative materials are proposed. The director may approve such modification or such alternative materials.
3. No parking shall occur in the first 10 feet of a required front or street side yard.
4. Where parking abuts an alley, the improved alley may be used as an aisle subject to approval of the parking lot design.
5. For parallel parking, minimum aisles are 12 feet and minimum parking space dimensions are 8 feet by 24 feet.
D. Landscaping.
1. Landscape designs shall be consistent throughout a project site. A combination of landscape materials should be arranged in a harmonious manner as an integral part of project design to enhance building design, public view, and interior spaces and provide buffers and transitions as needed. Unrelated and random choice or placement of plant materials shall be avoided; however, variety may be employed to intensify distinction between spaces or to strengthen a sense of place or movement, or to promote energy and water conservation and mitigate erosion.
2. The type, scale and proportion of landscape materials shall be appropriate to the site and/or structures to which they relate.
3. Plant material shall be selected for interest in its structure, texture, color, ultimate growth and water efficiency. Plants that are native or climate adaptive to the high desert area of Lancaster and/or others that will be hardy, harmonious with project design, and of good appearance, shall be used. Droughtresistant varieties of plants shall be used wherever feasible. Turf shall not be permitted. Droughtresistant varieties of plants shall be used in accordance with Title 8, Chapter 8.50, Landscaping Installation and Maintenance of the Lancaster Municipal Code.
4. Landscaped areas shall be irrigated by an automatic system with separate stations for each hydrozone.
The irrigation system shall be designed and equipped to incorporate water conservation techniques such as drip systems, moisture sensors and anti-drain valves. Sprinkler systems shall be designed to prevent water from falling onto impervious surfaces. The system shall comply with Title 8, Chapter
8.50, Landscaping Installation and Maintenance of the Lancaster Municipal Code.
5. All areas within the site which are not needed for buildings, sidewalks, vehicle access or parking, shall be landscaped.
6. All landscaped planter areas shall be completely bordered by a 6-inch P.C.C. curbing to prevent irrigation runoff and act as a wheel stop where necessary. Where used as a wheel stop, the 6-inch curb may be counted toward the required length of the parking space.
7. All interior areas of parking lots shall be landscaped with a minimum of one shade tree plus one shade tree for each 4 parking spaces along with the other plant materials.
8. Not less than 10% of the lot area remaining after the area to be covered by buildings has been subtracted from the total lot area, shall be landscaped.
E. Wall and Fences.
1. Wall and fences shall not exceed 6 feet in height. A fence or wall may be constructed to a height in excess of 6 feet with a director's review.
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2. Prohibited Materials. Fiberglass sheeting, bamboo sheeting, black or green fabric, barbed wire, razor ribbon, or other similar temporary material shall not be permitted as a fencing material. In the case of temporary construction fencing for properties with an active building permit in good standing, black, green or other colored fabric may be installed to the satisfaction of the director.
F. Signs.
1. Comprehensive sign programs for multi-tenant projects or an individual sign plan for single-tenant projects must be submitted to and approved by the director. Sign plans must be fully dimensioned including the proposed sign location(s), elevations, colors, and materials.
2. Prohibited signs include those listed in Section 17.16.150, Signs—General Provisions. Off-premises outdoor advertising signs are also prohibited.
3. Signs should comply with the standards set forth in the following sections:
• Section 17.16.150, Signs—General Provisions
• Section 17.16.160, Business Signs
• Section 17.16.170, Building Identification Signs
• Section 17.16.180, Temporary Signs
• Section 17.16.190, Directional and/or Information Signs • Section 17.16.200, Special Purpose Signs
G. Height regulations. The height of buildings or structures shall be as follows:
1. No building or structure shall exceed a height of 50 feet;
2. No building may be constructed which would shade any existing active solar energy system on adjoining property without the consent of the affected property owner. (See subsection 1 in the definition of solar energy system in Section 17.04.240.) H. Noise. Uses which generate noise by the nature of their function and/or processes shall be required to demonstrate that the noise levels emitted from the use shall not exceed 65 dBA at any property line. A detailed noise attenuation study by a qualified acoustical engineer may be required by the director or his designated representative to determine appropriate mitigation and methods to incorporate same into project design. Site design methods which may be utilized to reduce noise include:
1. The use of building setbacks and dedication of noise easements to increase the distance between the noise source and receiver;
2. The location of uses and orientation of buildings which are compatible with higher noise levels adjacent to noise generators or in clusters to shield more noise-sensitive areas and uses;
3. The placement of noise-tolerant land uses, such as parking areas, between the noise source and receiver;
4. The placement of noise-tolerant structures, such as garages or carports, to shield noise-sensitive areas;
5. Clustering of office or commercial structures to reduce interior open space noise levels.
I. Additional Standards—Adjacent to Residential Use.
1. When abutting or adjacent to an existing residential use, the following requirements shall also be applied:
1. Artificial lighting used to illuminate the premises shall be directed away from adjacent residential use.
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2. No signs shall be placed in a manner which visually intrudes into adjoining residential use.
3. Trees shall be utilized as a means of improving the interface between commercial and residential uses where appropriate.
4. A minimum 10-foot wide landscape setback shall be required along property lines abutting or adjacent to a residential use.
5. Where multi-story buildings or buildings taller than 35 feet are to be utilized on lots abutting an existing residential use property, such buildings shall be located or oriented in a manner which will minimize visual intrusion into neighboring residential use property.
6. Noise generating elements including loading docks shall be oriented away from residential uses and may require additional setbacks.
7. When abutting or adjacent to an existing residential use, the following additional setback requirements shall also be applied:
a. An additional 10-foot setback from the property line abutting or adjacent to residential uses;
b. Multi-story buildings or buildings taller than 35 feet along the property line abutting or adjacent to the residential uses shall include an additional 5-foot setback for every story or every additional 5 feet in height.
(Ord. No. 1105, § 4(Exh. A), 9-12-2023)
17.20.820 Additional standards.
A. All uses shall comply with the air quality standards of the Air Quality Management District (AQMD) or the City of Lancaster, whichever is more restrictive.
B. Light industrial uses within the "East Side Overlay Zone District" shall be compatible with adjacent existing uses through proper site planning, building design, and landscaping. (Ord. No. 1105, § 4(Exh. A), 9-12-2023)
Chapter 17.24 ZONE CHANGES AND ZONE MAP
17.24.010 Highways.
Whenever the zoning maps, whether added thereto before or after the effective date of this section, show any lot or area within any particular zone, such zone shall extend to the center of every adjoining road, street, alley, parkway, or highway. While such road, street, alley, parkway or highway remains a public highway, street, alley, parkway or road used in a manner similar to a public highway, it may be used for any compatible use.
The parking of any commercial vehicle as defined in the Vehicle Code weighing more than 6,000 pounds unladen in any residential zone for more than 2 hours at any one time is not a compatible highway use except for:
A. Necessary loading and unloading;
B. Vehicles engaged in performing a service activity on the adjacent lot or parcel of land; C. Vehicles used in conjunction with a lawful commercial use on the adjacent lot or parcel of land; D. Vehicles used during the construction of buildings or structures on the adjacent lot or parcel of land; Created: 2024-08-22 08:37:09 [EST]
(Supp. No. 10-24, Upd 1)
E. Vehicles engaged in construction or maintenance within the street, alley, parkway or highway. (Prior zoning ord. § 302)
17.24.020 Savings and loan certificates.
If any provision of this title requires the filing of any bond as a prerequisite to any particular use of any property, the person making or proposing to make such use may in lieu of such bond deposit with the clerk of the board of supervisors city clerk and assign to the citycounty savings and loan certificates or shares equal in amount to the required amount of the bond. Such deposit and assignment shall comply with all of the provisions and conditions of said Article III E of said Ordinance No. 4099. (Prior zoning ord. § 305)
17.24.030 Satisfaction of final judgment.
If any provision of this title requires the filing of any bond as a prerequisite to any particular use of any property, and either requires that such bond include as obligee a person other than, and in addition to the county city or that a policy of insurance be filed and no policy of insurance is filed, or that such bond include as obligee a person other than, and in addition to the citycounty with no alternative, a person who deposits and assigns savings and loan certificates or shares in lieu of such bond also shall file a written agreement with the board of supervisorscity council that the citycounty may , and the county may, satisfy, either in whole or in part, from such certificates or shares, any final judgment, the payment of which would have been guaranteed by such bond or policy of insurance.
(Prior zoning ord. § 305.1)
17.24.040 Zone changes and amendments—Authority for.
Zone changes and amendments may be initiated to change zones, to alter the boundaries of districts, to impose regulations not previously imposed, and to remove or modify any regulation already imposed, whenever the city council finds that the public convenience, the general welfare, or good zoning practice justifies such action.
All such zone changes and amendments shall be made pursuant to the provisions of this and Title 7 of the Government Code.
(Prior zoning ord. § 306)
17.24.050 Zone changes and amendments—Initiation of.
Hearings of zone changes or amendments may be initiated:
A. If the city council instructs the commission to set the matter for a hearing, report and recommendation;
B. Upon the initiative of the commission; or
C. In the case of a zone change, upon the filing of a petition as provided in Sections 17.24.060—
17.24.090.
(Prior zoning ord. § 307)
Created: 2024-08-22 08:37:09 [EST]
(Supp. No. 10-24, Upd 1)
17.24.060 Zone change—Petition for.
Any person owning or having such other interest in property as specified in subsection B of Section 17.24.070 may file a petition for a change of zone with the director, except that a person may not file, and the director shall not accept a petition which is the same as, or substantially the same as, a petition upon which final action has been taken either by the commission or by the city council within one year prior thereto. (Prior zoning ord. § 308)
17.24.070 Zone change—Contents of petition.
A petition for a change of zone shall contain the following information and such other information as is requested by the director.
The director may reject any petition that does not supply the information requested herein:
A. Name and address of the applicant;
B. Evidence that the applicant:
1. Is an owner of all or a portion of the property involved, or
2. Has written permission of an owner of all or a portion of the property involved to make such application, or
3. Is or will be the plaintiff in an action in eminent domain to acquire the premises involved, or any portion thereof, or
4. In the case of a public agency, is negotiating to acquire a portion of the premises involved; C. Location of subject property (address or vicinity);
D. Legal description of the property, including a statement of total area involved; E. Zone or zones requested;
F. With each petition the applicant shall also file:
1. Maps in the number prescribed and drawn to a scale specified by the director, showing the location of all property included in the request for action, the location of all highways, streets, alleys and the location and dimensions of all lots or parcels of land within a distance of 700 feet from the exterior boundaries of the property described in the petition,
2. One copy of the said map shall indicate the uses established on every lot or parcel of land shown within the said 700 foot radius,
3. A list, certified to be correct by an affidavit or by a statement under penalty of perjury pursuant to Section 2015.5. of the Code of Civil Procedure, of the names and addresses of all persons who are shown on the latest available assessment roll of the county of Los Angeles as owners of the subject property and as owning property within a distance of 500 feet from the exterior boundaries of the property described in the petition. One copy of the map shall indicate the ownership of said lots or parcels of land;
G. Indicate the conditions which warrant the change of zone; H. If the change of zone as requested will permit any uses prohibited by the existing zoning, will such change of zone result in a need for a greater water supply for adequate fire protection and what are the existing proposed sources of such an adequate water supply; Created: 2024-08-22 08:37:09 [EST]
(Supp. No. 10-24, Upd 1)
I. Such other information as the director may require.
The accuracy of all information, maps and lists submitted shall be the responsibility of the applicants.
(Prior zoning ord. § 308.3)
17.24.075 Zone change—Existing mobilehome park.
Any petition for a change of zone that will result in the closure or conversion of an existing mobilehome park to another use shall comply with the requirements of Section 65863.7 of the Government Code of state of California and Chapter 11.12 of this code.
(Ord. 879 § 1 (part), 2007)
17.24.080 Zone change—Burden of proof.
In addition to the information required in the petition by Section 17.24.070, the applicant shall substantiate to the satisfaction of the commission the following facts:
A. That modified conditions warrant a revision in the zoning plan as it pertains to the area or district under consideration; and
B. That a need for the proposed zone classification exists within such area or district; and C. That the particular property under consideration is a proper location for said zone classification within such area or district; and
D. That placement of the proposed zone at such location will be in the interest of public health, safety and general welfare and in conformity with good zoning practice. (Prior zoning ord. § 308.5)
17.24.090 Zone change—Fee.
Each petition for a change of zone shall be accompanied by the filing fee required by resolution of the city council.
(Prior zoning ord. § 308.7)
17.24.100 Zone change—Study of additional area.
Where a petition is filed requesting a change of zone the director or the commission may elect to include additional property within the boundaries of the area to be studied when, in his/its opinion, good zoning practice justifies action.
(Prior zoning ord. § 308.8)
17.24.110 Zone changes and amendments—Commission hearing.
In all cases where a zone change or amendment is initiated, the commission shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure provided by Section 17.36.020A.
Created: 2024-08-22 08:37:09 [EST]
(Supp. No. 10-24, Upd 1)
(Prior zoning ord. § 309)
17.24.120 Zone change—Commission findings and decision.
In making its recommendation relative to a proposed change of zone the commission shall consider the following principles and standards:
A. That modified conditions warrant a revision in the zoning plan as it pertains to the area or district under consideration; and
B. That a need for the proposed zone classification exists within such area or district; and C. That the particular property under consideration is a proper location for said zone classification within such area or district; and
D. That placement of the proposed zone at such location will be in the interest of public health, safety and general welfare and in conformity with good zoning practice.
The commission shall recommend approval or denial where the information submitted by the applicant and/or presented at public hearings substantiates or fails to substantiate such findings to the satisfaction of the commission.
(Prior zoning ord. § 309.1)
17.24.130 Zone change—Water supply.
In addition to the principles and standards enumerated in Section 17.24.120, the commission, in determining its recommendation for a change of zone, shall consider whether or not the change of zone under consideration if adopted will result in a need for a greater water supply for adequate fire protection and, if so, what are the existing and proposed sources of such an adequate water supply. The commission may request that the forester and fire warden or county engineer, or both, supply it with all facts, opinions, suggestions and advice which may be material to reaching a decision on any or all matters mentioned in this section. (Prior zoning ord. § 309.3)
17.24.140 Amendments—Commission findings and decision.
In making its recommendation relative to a proposed amendment other than a zone change, the commission may recommend approval where the information presented at public hearing shows that such amendment is necessary to implement the general plan and/or that the public convenience, the general welfare or good zoning practice justifies such action.
(Prior zoning ord. § 309.5)
17.24.150 Zone changes and amendments— Commission recommendation.
A recommendation by the commission relative to a zone change or amendment shall be by resolution carried by the affirmative vote of not less than 3 of its members. Such recommendation is final and conclusive and may not be reconsidered by the commission except upon a referral by the city council. (Prior zoning ord. § 309.7)
Created: 2024-08-22 08:37:09 [EST]
(Supp. No. 10-24, Upd 1)
17.24.160 Zone changes and amendments— Notice of commission action.
The commission shall serve a notice of its action in the manner prescribed by Section 17.36.020C. (Prior zoning ord. § 309.9)
17.24.170 Zone changes and amendments— Council hearing.
After receipt of the commission's recommendation, the city council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.36.020A, provided, however, that if the planning commission has recommended against the approval of an amendment other than a zone change, the city council shall not be required to take further action. In the case of a change of zone where the commission has recommended denial, the action of the commission shall become final unless an interested party appeals the commission's decision in accordance with Section 17.36.030 to the city council. (Prior zoning ord. § 310)
17.24.180 Zone changes and amendments— Modification of commission's recommendation.
Before changing or modifying a commission recommendation involving a zone change or amendment, the city council shall refer the proposed modification to the commission for report and recommendation. Failure of the commission to report within 40 days after such referral or such longer period of time designated by the city council, shall be deemed to be approved by the commission of the proposed modification. (Prior zoning ord. § 310.3)
17.24.190 Zone changes and amendments— Notice of council decision.
The city council shall serve a notice of its action in the manner prescribed by Section 17.36.020C. (Prior zoning ord. § 310.5)
17.24.200 Zoning map.
A. Title. The zoning map shall be known as the "Zoning Map of the City of Lancaster" hereinafter referred to as the "zoning map."
B. Purpose. It shall be the purpose of the zoning map of the city to graphically represent the geographical location and appropriate designation of the zones listed in Section 17.04.100.
C. Zone Designations. Zone designations used to identify specific zones on the zoning map shall be in the form of symbols as listed in Section 17.04.100 (i.e., the rural residential zones are represented by the symbols SRR, RR-1 and RR-2.5).
D. Zone Boundaries. Unless otherwise specified zone boundaries shall utilize section lines, lot or property lines, right-of-way lines, centerlines of streets, city limit lines, or extensions of such lines. Centerlines of streets shall be the preferred boundary when properties on opposing sides of a street are not within the same zone.
E. Lots Located Within More Than One Zone. Where a lot is located in more than one zone, the director shall determine which zone shall apply to the entire lot.
Created: 2024-08-22 08:37:09 [EST]
(Supp. No. 10-24, Upd 1)
F. Establishment of the Zoning Map. The zone designations and boundaries are established as shown on the map(s) entitled "Zoning Map of the City of Lancaster," dated with the effective date of the establishing ordinance and signed by the mayor and the city clerk.
G. Zoning Map Changes. Changes to the zoning map shall be consistent with the goals, objectives, policies, classifications, standards and programs of the adopted city general plan and the general plan map. Such changes shall be accomplished by ordinance as specified by Sections 17.24.040—17.24.190.
Once a change has been approved by the city council, the director shall cause the zoning map to be modified in accordance with the amending ordinance. The number of the case file and the date of adoption shall be endorsed on the margin of the zoning map.
(Ord. 839 § 1 (Exh. A § 7), 2005; Ord. 651 § 8, 1993; prior zoning ord. §§ 320.000—320.060) Chapter 17.28 YARDS AND HIGHWAY LINES
17.28.020 Yards and highway lines.
A. Intent and Purpose. In order to provide for adequate open spaces and the admission thereto of light and air, and to provide adequate visibility to the operators of motor and other vehicles along streets, highways and parkways, and at the intersection thereof, the yards provided in Chapters 17.08 through 17.20, and the yards and highway lines provided for in this chapter, are created and established as part of a comprehensive system of yard and highway lines covering the unincorporated territory of the county.
B. Prohibition. A person shall not use any building, structure, equipment or obstruction within any yard or highway line except as hereinafter specifically permitted in this title and subject to all regulations and conditions enumerated in this title.
(Prior zoning ord. §§ 451—451.2)
17.28.030 Yards.
A. To Exclude Drainage Easements. Where a lot or parcel of land includes a portion of a required drainage channel easement, any required yard which would normally fall within such easement shall be located outside of and abutting the easement within the lot or parcel.
B. Projections Permitted in Yards. The following projections are permitted in required yards subject to the provisions of this title and of Ordinance No. 2225 (Building code). Projections specified are permitted only where also authorized by said Building Code.
1. Eaves and cantilevered roofs may project a maximum distance of 2½ feet into any required yard provided:
a. That such eaves or cantilevered roofs are not closer than 2 1/2 feet to any lot or highway line; and
b. That no portion of such eaves or cantilevered roofs is less than 8 feet above grade; and c. That there are no vertical supports or members within the required yard.
2. Fireplace structures, not wider than 8 feet measured in the general direction of the wall of which it is a part, buttresses and wing walls may project a maximum distance of 2½ feet into any required yard provided:
Created: 2024-08-22 08:37:09 [EST]
(Supp. No. 10-24, Upd 1)
a. That all walls of such structures are of one-hour fire resistant construction; and b. That such structures are not closer than 2½ feet to any lot or highway line; and c. That such structures shall not be utilized to provide closets or otherwise usable floor area.
3. Uncovered porches, platforms, landings and decks, including access stairs thereto, exceeding an average height of one foot which do not extend above the level of the first floor may project a maximum distance of 3 feet into required interior side yards, and a maximum distance of 5 feet into required front, rear and corner side yards provided:
a. That such porches, platforms, landings and decks shall not be closer than 2 feet to any lot or highway line; and
b. That such porches, platforms, landings and decks are open and unenclosed, provided, however, that an open-work railing not to exceed 3½ feet in height may be installed.
4. Rain conductors, spouts, utility service risers, shutoff valves, water tables, sills, capitals, bases, cornices and belt courses may project a maximum distance of one foot into any required yard.
5. Awnings or canopies may project a maximum distance of 2½ feet into required interior side yard and 5 feet into required front, rear and corner side yard provided:
a. That such awnings or canopies are not closer than 2½ feet to any lot or highway line; and b. That such awnings or canopies have no vertical support within such yard; and c. That such awnings or canopies extend only over the windows or doors to be protected and for not more than one foot on either side thereof.
6. Water heaters, water softeners and gas or electric meters, including service conduits and pipes, enclosed or in the open, may project a maximum distance of 2½ feet into a required interior side or rear yard provided that such structures or equipment are not closer than 2½ feet to any lot line. Gas meters, if enclosed or adequately screened from view by a structure permitted in the yard, may project a maximum distance of 2½ feet into a required front or corner side yard provided that such equipment is not closer than 2½ feet to any lot or highway line.
7. Stairways and balconies above the level of the first floor may project a maximum distance of 2 feet into a required interior or corner side yard or 4 feet into a required front or rear yard provided:
a. That such stairways and balconies shall not be closer than 3 feet to any lot or highway line; and b. That such stairways and balconies are open and unenclosed; and c. That such stairways and balconies are not covered by a roof or canopy except as otherwise provided by subsection B.5. of this section.
8. Wall and window mounted air conditioners, coolers and fans may be used in any required yard provided that such equipment is not closer than 2½ feet to any lot line.
C. Fences and Walls Permitted. Fences and walls may be erected and maintained in required yards subject to the requirements in Section 17.12.130.B.2 for the C zone and Section 17.16.220.A.8 for the I zone.specified herein:
1. Front Yards. Fences and walls within a required front yard shall not exceed a height of 4 feet.
2. Corner Side Yards. Fences and walls within a required corner side yard shall not exceed 4 feet in height where closer than 5 feet to the highway line nor exceed 6 feet in height where 5 feet or more from said highway line.
Created: 2024-08-22 08:37:09 [EST]
(Supp. No. 10-24, Upd 1)
3. Interior Side and Rear Yards. Fences and walls within a required interior side or rear yard shall not exceed 6 feet in height, provided, however, that on the street or highway side of a corner lot such fence or wall shall be subject to the same requirements as for a corner side yard.
4. Retaining Walls. Retaining walls not to exceed 6 feet in height are permitted in all yards.
5. Retaining Walls Topped with Walls or Fences.
a. Where a retaining wall protects a cut below the natural grade and is located on a front, side or rear lot line, such retaining wall may be topped by a fence or wall of the same height that would otherwise be permitted at the location if no retaining wall existed. Where such retaining wall contains a fill, the height of the retaining wall built to retain the fill shall be considered as contributing to the permissible height of a fence or wall providing, however, that in any event an open-work non-view-obscuring fence of 3½ feet may be erected at the top of the retaining wall for safety protection.
b. Where a wall or fence is located in the required yard adjacent to a retaining wall containing a fill, such wall or fence shall be set back from said retaining wall a distance of one foot for each one foot in height to a maximum distance of 5 feet, provided, however, that this does not permit a wall or fence in required yards higher than permitted by this section. The area between such wall or fence and said retaining wall shall be landscaped and continuously maintained in good condition.
6. Fences and Walls Exempted. Where a fence or wall exceeding the heights specified is required by any law or regulation of the state of California, a fence or wall not exceeding such required height is permitted.
7. Measurement of Fence and Wall Height. The height of a fence or wall shall be measured at the highest average ground level within 3 feet of either side of said wall or fence. In order to allow for variation in topography, the height of a required fence or wall may vary an amount not to exceed 6 inches, provided, however, that in no event shall the average height of such fence or wall exceed the maximum height specified.
8. Notwithstanding the other provision of this section, the director may permit fences or walls within any required yard on flag lots to a height not to exceed 6 feet pursuant to the provisions of Article VIII of Chapter 17.32.
D. Landscaping in Required Yards. Trees, shrubs, flowers and plants may be placed in any required yard provided that all height restrictions applying to fences and walls shall also apply to hedges planted within yards and forming a barrier serving the same purpose as a fence or wall.
E. Public Use Exceptions. The commission, without notice of hearing, may grant a modification of yard and setback regulations for public sites unless such modification would be incompatible with adjoining development.
(Prior zoning ord. §§ 452.8.2, 452.9, § 452.13—452.15)
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)
17.28.040 Establishment of highway lines.
In all zones highway lines are established parallel to the centerline established by the city engineer for the regional arterial, primary arterial, secondary arterial, and other streets in accordance with the standards set forth in Section 16.20.050 of this code.
(Ord. 711 § 37, 1995: prior zoning ord. § 467)
Created: 2024-08-22 08:37:09 [EST]
(Supp. No. 10-24, Upd 1)
17.28.050 Highway lines—Corner cutoffs.
In all zones on the intersections of parkways, major and secondary highways and streets:
A. A person shall not use any building or structure within those triangles formed by the intersections of the highway lines on such parkway, major and secondary highways and streets for a distance of 17 feet from such intersection on each of such lines and a line connecting the end of such lines, except as permitted within a yard by subsection B.1. of Section 17.28.030, and provided that such structures do not constitute a visual obstruction between 3½ feet and 8 feet above the level of the ground. (Ord. 711 § 38, 1995; prior zoning ord. § 468)
17.28.060 Streets.
A. Exceptions. This section does not apply to the following buildings or structures which, if they comply with all other provisions of this title, may be used without complying with any provision of this section:
1. Accessory agricultural buildings where used primarily for agricultural purposes including but not limited to: barns, silos, chicken houses, rabbit hutches and roadside stands;
2. Gas measurement, distribution and meter control stations;
3. Outdoor advertising;
4. Residences, single-family (see Chapter 12.12, Streets, Curbs and Sidewalks, of this code);
5. Temporary carnivals and revival meetings;
6. Other similar uses which, in the opinion of the commission, will not generate a greater volume of traffic than the uses enumerated in this section.
B. Existing Structures. This section does not apply to the use, alteration or enlargement of an existing building or structure or the erection of one or more buildings or structures accessory thereto, or both, on the same lot or parcel of land, if the total value of such alteration, enlargement or construction does not exceed ½ of the current market value (as determined by the assessor's records, appraisal or other method acceptable to the director) of all existing buildings or structures on such lot or parcel of land.
C. Adequate Streets Adjacent to Structures. Except as otherwise provided in subsections A and B of this section, a building or structure shall not be used on any lot or parcel of land any portion of which abuts upon a street unless said street which abuts such lot or parcel of land has been dedicated and improved as provided in Article II of Chapter 16.20 of this code.
D. Dedication Standards. Regional arterial, primary arterial, secondary arterial, and other streets shall be dedicated to the width from centerline as specified in Section 16.20.050 of this code including corner cutoffs as specified by the city engineer or director of public works, except that dedication in any case shall not be required to such an extent as to reduce the area or width of any parcel of land to less than that specified in Section 17.40.080 or 17.40.090.
E. Improvements. Before a structure subject to the provisions of this section may be used, curbs, gutters, pavement, sidewalks, and drainage structures shall be constructed at the grade and at the location specified by the city engineer or the director of public works per the typical street cross sections as specified in Section
16.20.050 of this code. Such curbs, gutters, pavement, sidewalks, and drainage structures shall comply with the standards of the city engineer or director of public works.
Created: 2024-08-22 08:37:09 [EST]
(Supp. No. 10-24, Upd 1)
F. Variance to Requirements of This Section. Any person deeming himself aggrieved may apply for a variance from any provision of this section pursuant to Article II of Chapter 17.32 whether he has applied for a modification or not.
(Ord. 711 § 39, 1995: prior zoning ord. §§ 490.000—490.090) Chapter 17.32 VARIANCES, CONDITIONAL USE PERMITS, NONCONFORMING
USES, DIRECTOR'S REVIEW
Article I. Conditional Use Permits
17.32.010 Purpose of.
A conditional use as defined by this title means a use which:
A. Because of characteristics peculiar to it; or
B. Because of size, technological process or type of equipment; or C. Because of the location with reference to surroundings, street or highway width, traffic generation or other demands upon public facilities, required special consideration relative to placement at specific locations in the zone or zones where classified to insure proper integration with other existing or permitted uses in the same zone or zones.
(Prior zoning ord. § 501.1)
17.32.020 Filing of application.
Any person desiring a conditional use permit required by or provided for in this title may file an application with the director except that no application shall be filed or accepted if final action has been taken within one year prior thereto by either the commission or board of supervisorscity council on an application requesting the same, or substantially the same permit.
(Prior zoning ord. § 501.2)
17.32.030 Contents of application.
An application for a conditional use permit shall contain the following information:
A. Name and address of the applicant and of all persons owning any or all of the property proposed to be used;
B. Evidence that the applicant:
1. Is the owner of the premises involved, or
2. Has written permission of the owner or owners to make such application, or
3. Is or will be the plaintiff in an action in eminent domain to acquire the premises involved, or any portion thereof, or
4. In the case of a public agency, is negotiating to acquire a portion of the premises involved; Created: 2024-08-22 08:37:10 [EST]
(Supp. No. 10-24, Upd 1)
C. Location of subject property (address or vicinity);
D. Legal description of the property involved;
E. The nature of the requested use, indicating the business, occupation or purpose for which such building, structure, or improvement is to be erected, constructed, altered, enlarged, moved, occupied or used;
F. Indicate the nature, condition and development of adjacent uses, buildings and structures; and G. Provide a site plan drawn to a scale satisfactory to and in the number of copies prescribed by the director indicating:
1. The area and dimensions of proposed site for the requested use,
2. The location and dimensions of all structures, yards, walls, fences, parking and loading facilities, landscaping, and other development features;
H. Indicate the dimensions and state of improvement of the adjoining streets and highways providing access to the proposed site of the requested use;
I. Indicate other permits and approvals secured in compliance with the provisions of other applicable ordinances;
J. With each application the applicant shall also file:
1. Maps in the number prescribed and drawn to a scale specified by the director, showing the location of all property included in the request, the location of all highways, streets, alleys and the location and dimensions of all lots or parcels of land within a distance of 700 feet from the exterior boundaries of such proposed use,
2. One copy of said map shall indicate the uses established on every lot and parcel of land shown within said 700 foot radius,
3. A list, certified to be correct by affidavit or by a statement under penalty of perjury pursuant to Section 2015.5 of the Code of Civil Procedure, of the names and addresses of all persons who are shown on the latest available assessment roll of the county of Los Angeles as owners of the subject property and as owning property within a distance of 500 feet from the exterior boundaries of the area actually to be occupied by the use. One copy of said map shall indicate where such ownership are located,
4. Proof satisfactory to the director that water will be available in quantities and pressures required by said Ordinance No. 7834, the Water Ordinance, or by a variance granted pursuant to said Ordinance No. 7834. The director may accept as such proof a certificate from the person who is to supply water that he can supply water as required by said Ordinance No. 7834, also stating the amount and pressure, which certificate also shall be signed by the forester and fire warden, or a certificate from the county engineer that such water will be available,
5. The director may waive the filing of one or more of the above items; K. Such other information as the director may require.
The accuracy of all information, maps and lists submitted shall be the responsibility of the applicant. (Prior zoning ord. § 501.3)
Created: 2024-08-22 08:37:10 [EST]
(Supp. No. 10-24, Upd 1)
17.32.040 Burden of proof.
In addition to the information required in the application by Section 17.32.030, the applicant shall substantiate to the satisfaction of the zoning board and/or the commission the following facts:
A. That the requested use at the location proposed will not:
1. Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, or
2. Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or
3. Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare; and
B. That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this title, or as is otherwise required in order to integrate said use with the uses in the surrounding area; and C. That the proposed site is adequately served:
1. By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and
2. By other public or private service facilities as are required. (Prior zoning ord. § 501.4)
17.32.050 Fees required.
When an application is filed, it shall be accompanied by the filing fee required by resolution of the city council.
(Prior zoning ord. § 501.5)
17.32.060 Denial of inadequate application.
The zoning boardcommission may recommend denial, and the commission may deny, without a public hearing, an application for a conditional use permit if such application does not contain the information required by Sections 17.32.030 and 17.32.040. The commission may permit the applicant to amend such application. (Prior zoning ord. § 501.6)
17.32.070 Hearing.
In all cases where an application for a conditional use permit is filed and the commission does not grant a request for ex parte consideration, the zoning boardcommission shall hold a public hearing unless the commission determines to and itself holds a public hearing. In either case, the public hearing shall be held pursuant to the procedure provided in this chapter.
(Prior zoning ord. § 501.7)
Created: 2024-08-22 08:37:10 [EST]
(Supp. No. 10-24, Upd 1)
17.32.080 Ex parte consideration.
Where the commission finds that the use requested, subject to such conditions as it deems necessary, will comply with the findings required by Section 17.32.090, it may grant such permit without a public hearing except that:
A. This section does not apply to an application for the following:
1. Airports;
2. Amusement and entertainment enterprises and concessions, including all structural devices and contrivances designed and operated for patron participation and pleasure;
3. Primary or incidental alcohol sales establishments as defined under Chapter 17.42;
4. Circus winter quarters;
5. Colleges and universities;
6. Communication equipment buildings;
7. Correctional institutions;
8. Day nurseries;
9. Earth stations;
10. Electrical distribution substations;
11. Electric transmission substations;
12. Electric generating plants;
13. Golf courses including the customary clubhouse and appurtenant facilities;
14. Golf driving ranges;
15. Guest ranches;
16. Heliports;
17. Helistops;
18. Hospitals;
19. Institutions for the aged, private;
20. Institutions for children, private;
21. Juvenile halls;
22. Land reclamation projects;
23. Landing strips;
24. Mobilehome parks;
25. Motor recreational facilities for the driving, testing and racing of automobiles, dune buggies, motorcycles, trail bikes or similar vehicles including appurtenant facilities in conjunction therewith;
26. Nudist camps;
27. Oil wells;
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(Supp. No. 10-24, Upd 1)
28. Outdoor festivals;
29. Parking buildings;
30. Public utility service centers;
31. Race tracks;
32. Radio and television stations and towers;
33. Recreation clubs, private;
34. Rifle, pistol, skeet or trap ranges;
35. Sewage treatment plants.
(Ord. 896 § 1 (Exh. A § 26), 2008; prior zoning ord. § 501.8)
17.32.090 Findings and decision.
The zoning board may recommend approval and tThe commission may approve an application for a conditional use permit where the information submitted by the applicant and/or presented at public hearing substantiates the following findings:
A. That the proposed use will not be in substantial conflict with the adopted general plan for the area.
Where no general plan has been adopted, this subsection shall not apply; B. That the requested use at the location proposed will not:
1. Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, or
2. Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or
3. Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare; and
C. That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this title, or as is otherwise required in order to integrate said use with the uses in the surrounding area; and D. That the proposed site is adequately served:
1. By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and
2. By other public or private service facilities as are required.
The commission shall deny the application where the information submitted by the applicant and/or presented at public hearing fails to substantiate such findings to the satisfaction of the commission. (Prior zoning ord. § 501.9)
17.32.100 Building bulk provisions.
The building bulk provisions prescribed in the various zones shall not apply to uses permitted by conditional use permit. In granting a conditional use permit, the commission shall prescribe the height limit, maximum lot coverage, or floor-area ratio for the use approved. Where the commission fails to specify said height limit, Created: 2024-08-22 08:37:10 [EST]
(Supp. No. 10-24, Upd 1)
maximum lot coverage, or floor-area ratio, those provisions applicable to principal permitted uses in the specific zone shall be deemed to be so specified.
(Prior zoning ord. § 501.10)
17.32.110 Adequate water supply.
If it appears that the use requested will require a greater water supply for adequate fire protection than does either the existing use or any use permitted without a conditional use permit in the same zone and will not comply with the provisions of said Ordinance No. 7834, such facts shall be prima facie evidence that such requested use will adversely affect and be materially detrimental to adjacent uses, buildings and structures and will not comply with the provisions of Section 17.32.090. If the water appeals board grants a variance pursuant to any provision of Article 4 of Chapter 1 of said Ordinance No. 7834, permitting the proposed use with the existing or proposed water supply, this section shall not apply.
(Prior zoning ord. § 501.11)
17.32.120 Conditions.
The commission in approving an application for a conditional use permit may impose such conditions as it deems necessary to insure that such use will be in accord with the findings required by Section 17.32.090.
Conditions imposed by the commission may involve any pertinent factors affecting the establishment, operation and maintenance of the requested use, including, but not limited to:
A. Special yards, open spaces and buffer areas;
B. Fences and walls;
C. Parking facilities, including vehicular ingress and egress and the surfacing of parking areas and driveways to specified standards;
D. Street and highway dedications and improvements including sidewalks, curbs and gutters; E. Water supply and fire protection in accordance with the provisions of Ordinance No. 7834; F. Landscaping and maintenance of grounds;
G. Regulation of nuisance factors such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances and radiation; H. Regulation of operating hours for activities affecting normal neighborhood schedules and functions; I. Regulation of signs including outdoor advertising;
J. A specified validation period limiting the time in which development may begin; K. Provisions for a bond or other surety that the proposed conditional use will be removed on or before a specified date;
L. A site plan indicating all details and data as prescribed in this title; M. Such other conditions as will make possible the development of the proposed conditional use in an orderly and efficient manner and in general accord with all elements of the general plan and the intent and purpose of this title.
The commission may also approve the requested permit contingent upon compliance with applicable provisions of other ordinances.
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(Supp. No. 10-24, Upd 1)
(Prior zoning ord. § 501.12)
17.32.130 Project grading.
A person shall not engage in project grading in any zone if such project grading requires the removal from, or importation to, a lot or parcel land of more than 10,000 cubic yards of dirt, soil, sand, gravel, rock, clay, decomposed granite or other similar material if more than 20 occupied dwelling units in one-family, two-family, or multiple structures, or in occupied mobilehomes within a mobilehome park, or any combination thereof, or if a hospital or accredited public or private school offering instruction required to be taught in the public schools by the Education Code of the state of California are located within a parallel corridor 300 feet wide on each side of and measured from the edge of the existing right-of-way of the streets or highways forming the proposed transport route, and within a distance equal to the extent of such route, or within a distance of 2,640 feet, whichever is less, measured from the proposed point of access to such project unless:
A. If not more than 100,000 cubic yards of material is to be moved, such person either:
1. Obtains a conditional use permit; or
2. Submits a site plan to the director, who approves the plan upon finding that the proposed use will comply with the requirements of this section and Section 17.32.140. The director may approve the plan which approval shall be valid for the time stated by the director. If no time is stated such approval shall be good for one year. If the director or county engineer finds that there is good cause shown, and that the applicant in moving of material pursuant to such approval has not violated this or any other ordinance or statute, he may extend the duration of such approval for not more than one year if the applicant files a request for such extension prior to the expiration of his original approval. Only one extension may be granted.
B. Where more than 100,000 cubic yards of material are to be moved, such person obtains a conditional use permit.
(Prior zoning ord. § 501.13)
17.32.140 Conditions for project grading.
Project grading subject to the provisions of Section 17.12.130 shall comply with the following requirements:
A. A grading permit, when required, shall first be obtained as provided in said Ordinance 2225 (Building Code), before the commencement of any project grading.
B. The application to the director or for a conditional use permit as the case may be shall contain statements setting forth the following information:
1. The names and addresses of all persons owning all or any part of the property from which such material is proposed to be removed from and transported to;
2. The names and addresses of the person or persons who will be conducting the operations proposed;
3. The ultimate proposed use of the lot or parcel of land;
4. Such other information as the director finds necessary in order to determine whether the application should be granted;
5. In the case of an application for a conditional use permit the information required by Section
17.32.030.
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(Supp. No. 10-24, Upd 1)
C. The applicant shall submit a map showing in sufficient detail the location of the site from which such material is proposed to be removed, the proposed route over streets and highways, and the location to which such material is to be imported.
D. All hauling as approved under this section shall be restricted to a route approved by the road commissioner.
E. Compliance shall be made with all applicable requirements of other county departments and other governmental agencies.
F. If any condition of this section is violated, or if any law, statute or ordinance is violated, the privileges granted herein shall lapse and such approval shall be suspended.
G. Neither the provisions of this section nor the granting of any permit provided for in this title authorizes or legalizes the maintenance of a public or private nuisance. (Prior zoning ord. § 501.14)
17.32.150 Public construction.
A conditional use permit shall not be required pursuant to Section 17.32.130 if such use is in conjunction with:
A. Any work of construction or repair by the county or city, or any district of which the board of supervisors of the county is ex officio the governing body; or B. Construction or repair by the county or city or such district performed by force account; or C. Construction, maintenance or repair of any "state water facilities" as defined in Section 12934 of the State Water Code.
(Prior zoning ord. § 501.15)
17.32.160 Temporary war uses.
Premises in any zone may be temporarily used for uses necessary to the prosecution of any war in which the United States may be engaged, if a conditional use permit for such use is granted pursuant to the provisions of this title, and provided:
A. That the United States is at war declared by the Congress of the United States and engaged in actual physical hostilities; and
B. That such permit shall expire not later than 6 months after the cessation of such physical hostilities.
As used in the section, "cessation of physical hostilities" means a date comparable to November 11, 1918, or August 15, 1945.
(Prior zoning ord. § 501.16)
17.32.170 Expiration where not used.
A permit issued on or after January 21, 1937, which is not used within the time specified in such permit, or, if no time is specified, within one year after the granting of the permit, becomes null and void and of no effect except:
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(Supp. No. 10-24, Upd 1)
A. Except as provided in Section 17.32.175, an approved conditional use permit shall expire twenty-four (24) months from the date of planning commission or city council approval. Conditional use permits may be granted time extensions prior to the expiration of the project not to exceed three one-year extensions. Any extension granted shall be conditioned to comply with the city's current design guidelines as adopted by the city council, unless the applicant can demonstrate to the planning commission's satisfaction that such compliance will impose an undue hardship on the project. The applicant is required to file for an extension sixty (60) days prior to such expiration date.
B. That in the case of a permit for a rock quarry, sand or gravel pit, rock crushing plant, or any apparatus for the manufacture or production of rock, sand, or gravel, or any excavation for the purpose of obtaining clay, decomposed granite or similar material, no time limit shall apply to utilization of such permit if within such year or such other time the property is posted and remains posted with signs not less than 500 feet apart and at each change of direction of the said outer boundary line, in such manner as will reasonably give notice to passersby of the matters contained in such notice, stating, in letters not less than 4 inches in height: "ROCK QUARRY PROPERTY," and stating, in letters not less than one inch in height: "Permission has been granted to use this property at any time for rock quarry, sand, gravel or clay pit or rock crushing plant";
C. That in the case of a permit for a publicly owned use no time limit shall apply to utilization of such permit provided that the public agency:
1. Within two years of the date of such approval, either acquires the property involved or commences legal proceedings for its acquisition; and
2. Immediately after the acquisition of, or the commencement of legal proceedings for the acquisition of the property, posts such property with signs, having an area of not less than 20 square feet nor more than 40 square feet in area per face indicating the agency and the purpose of which it is to be developed. One such sign shall be placed facing and located within 50 feet of each street, highway or parkway bordering the property. Where the property in question is not bounded by a street, highway or parkway, the agency shall erect one sign facing the street, highway or parkway nearest the property.
A conditional use permit shall be considered used within the intent of this section when construction or other development authorized by such permit has commenced that would be prohibited in the zone if no permit had been granted.
(Prior zoning ord. § 501.17)
(Ord. No. 924, § 1, 8-25-09; Ord. No. 995, § 2, 12-10-13)
17.32.175 Exceptions to expiration dates.
A conditional use permit approved in conjunction with a tentative map shall have the same expiration date as the approved tentative map or any extension of the map, unless a specific expiration date is specified in the approval of the conditional use permit.
(Ord. No. 995, § 1, 12-10-13)
17.32.180 Date of grant where appealed.
Where an appeal is filed relative to any conditional use permit, the date of decision by the board of supervisorscity council of such appeal shall be deemed the date of grant in determining said expiration date.
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(Supp. No. 10-24, Upd 1)
(Prior zoning ord. § 501.18)
17.32.190 Cessation of use.
A conditional use permit granted by action of the commission, shall automatically cease to be of any force and effect if the use for which such conditional use permit was granted has ceased or has been suspended for a consecutive period of 2 or more years. This provision shall not apply to permits granted for alcohol sales establishments pursuant to Chapter 17.42, which shall be subject to the requirements of Section 17.42.130. (Ord. 896 § 1 (Exh. A § 27), 2008; prior zoning ord. § 501.19)
17.32.200 Nuisances.
Neither the provisions of this title nor the granting of any permit provided for in this title authorizes or legalizes the maintenance of any public or private nuisance. (Prior zoning ord. § 501.20)
17.32.210 Effective date.
The decision of the commission shall become final and effective 10 working days after the commission's action, provided no appeal of the action taken has been filed with the city clerk pursuant to Section 17.36.030 within said 10 working days.
(Prior zoning ord. § 501.21)
17.32.220 Applicability of regulations in the zone.
Unless specifically modified by a conditional use permit, all regulations prescribed in the zone in which such conditional use permit is granted shall apply.
(Prior zoning ord. § 501.22)
17.32.230 Continuing validity.
A conditional use permit that is valid and in effect, and was granted pursuant to the provisions of this title, shall adhere to the land and continue to be valid upon change of ownership of the land or any lawfully existing building or structure on said land.
(Prior zoning ord. § 501.23)
17.32.240 Signs.
The sign provisions prescribed in residential zones shall not apply to uses granted by conditional use permit.
In granting a conditional use permit, the commission may approve signing which it deems appropriate for such use provided, however, that no sign or signs may be authorized that would exceed a sign area of 25 square feet or a total sign area of 50 square feet or a height of 12 feet in residential zones or exceed 100 square feet of sign area or 200 square feet of total sign area in commercial zones, except as otherwise provided in the CPD zone. Where the Created: 2024-08-22 08:37:10 [EST]
(Supp. No. 10-24, Upd 1)
commission fails to specifically approve such signs, those provisions applicable to principal permitted uses in the specific zone in which the use is located shall be deemed to have been specified. (Prior zoning ord. § 501.24)
Article II. Variances
17.32.250 Purpose of.
The variance procedure is established to permit modification of development standards as they apply to particular uses when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this title, develop through the strict literal interpretation and enforcement of such provisions. A variance may be granted to permit modification of:
A. Building line setbacks, yards, open space and buffer areas; B. Height, lot coverage, density and bulk regulations;
C. Off-street parking spaces, maneuvering areas and driveway width, and paving standards; D. Landscaping requirements;
E. Wall, fencing and screening requirements;
F. Street and highway dedication and improvement standards; G. Lot area, depth, and width requirements;
H. Operating conditions such as hours of days of operation, number of employees, and equipment limitations;
I. Sign regulations other than outdoor advertising.
(Prior zoning ord. § 502.1)
17.32.260 Filing of application.
Any person desiring any permit required by or provided for in this title, may file an application therefor with the director, except that no application shall be filed or accepted if final action has been taken within one year prior thereto by either the commission or board of supervisorscity council on an application requesting the same, or substantially the same permit.
(Prior zoning ord. § 502.2)
17.32.270 Contents of application.
An application for a variance shall contain the information required by Section 17.32.030. (Prior zoning ord. § 502.3)
17.32.280 Burden of proof.
In addition to the information required in the application by Section 17.32.270, the applicant shall substantiate to the satisfaction of the zoning board and/or the commission the following facts:
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(Supp. No. 10-24, Upd 1)
A. That there are special circumstances or exceptional characteristics applicable to the property involved, such as size, shape, topography, location or surroundings, which are not generally applicable to other properties in the same vicinity and under identical zoning classification; and B. That such variance is necessary for the preservation of a substantial property right of the applicant such as that possessed by owners of other property in the same vicinity and zone; and C. That the granting of the variance will not be materially detrimental to the public welfare or be injurious to other property or improvements in the same vicinity and zone. (Prior zoning ord. § 502.4)
17.32.290 Filing fees required.
When an application is filed it shall be accompanied by the filing fee required by resolution of the city council.
(Prior zoning ord. § 502.5)
17.32.300 Denial of inadequate petition.
The zoning board may recommend denial, and the commission may deny, without a public hearing, an application of a variance if such application does not contain the information required by Sections 17.32.270 and
17.32.280. The commission may permit the applicant to amend such application. (Prior zoning ord. § 502.6)
17.32.310 Hearing.
In all cases where an application is filed for a variance the commission zoning board shall hold a public hearing unless the commission determines to and itself holds a public hearing. In either case the public hearing shall be held pursuant to the procedure provided by Article V of this chapter. (Prior zoning ord. § 502.7)
17.32.320 Findings and decision.
The zoning board may recommend approval and the commission may approve an application for a variance where the information submitted by the applicant and/or presented at public hearing substantiates the following findings:
A. That because of special circumstances or exceptional characteristics applicable to the property, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; and B. That the adjustment authorized will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated; and C. That strict application of zoning regulations as they apply to such property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations and standards; and
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(Supp. No. 10-24, Upd 1)
D. That such adjustment will not be materially detrimental to the public health, safety or general welfare, or to the use, enjoyment or valuation of property of other persons located in the vicinity.
The commission shall deny the application where the information submitted by the applicant and/or presented at public hearing fails to substantiate such findings to the satisfaction of the commission. (Prior zoning ord. § 502.8)
17.32.330 Adequate water supply.
If it appears that the variance requested will require a greater water supply for adequate fire protection than does either the existing use or any use permitted in the same zone without a variance, and will not comply with the provisions of said Ordinance No. 7834, such facts shall be prima facie evidence that such requested variance will adversely affect and be materially detrimental to adjacent uses, buildings and structures and will not comply with the provisions of Section 17.32.320.
(Prior zoning ord. § 502.9)
17.32.340 Conditions.
The commission in approving an application for a variance may impose such conditions as it deems necessary to insure that the adjustment will be in accord with the findings required by Section 17.32.320. Conditions imposed by the commission may involve any pertinent factors affecting the establishment, operation and maintenance of the use for which such variance is requested, including, but not limited to those specified in Section 17.32.360.
(Prior zoning ord. § 502.10)
17.32.350 Expiration where not used.
A variance which is not used within the time specified in such variance, or, if no time is specified, within one year after the granting of the variance, becomes null and void and of no effect except:
A. That in all cases the commission may extend such time for a period of not to exceed one year, provided an application requesting such extension is filed prior to such expiration date. In the case of a nonprofit corporation organized to provide low-income housing for the poor or elderly, the commission may grant an additional one-year extension provided that an application requesting such extension is filed prior to the expiration of the first such extension.
B. That in the case of an exception granted prior to November 23, 1970, for a rock quarry, sand or gravel pit, rock crushing plant, or any apparatus for the manufacture or production of rock, sand or gravel, or any excavation for the purpose of obtaining clay, decomposed granite or similar material, no time limit shall apply to utilization of such exception if within such year or such other time the property is posted and remains posted with signs not less than 500 feet apart and at each change of direction of the said outer boundary line, in such manner as will reasonably give notice to passersby of the matters contained in such notice stating in letters not less than 4 inches in height: "ROCK QUARRY PROPERTY," and stating, in letters not less than one inch in height "Permission has been granted to use this property at any time for rock quarry, sand, gravel or clay pit or rock crushing plant." (Prior zoning ord. § 502.11)
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(Supp. No. 10-24, Upd 1)
17.32.360 Date of grant where appealed.
Where an appeal is filed relative to any variance, the date of decision by the board of supervisorscity council of such appeal shall be deemed the date of grant in determining said expiration date. (Prior zoning ord. § 502.12)
17.32.370 Nuisances.
Neither the provisions of this title nor the granting of any permit provided for in this title authorizes or legalizes the maintenance of any public or private nuisance. (Prior zoning ord. § 502.13)
17.32.380 Effective date.
The decision of the commission shall become final and effective 10 working days after the commission's action, provided no appeal of the action taken has been filed with the city clerk pursuant to Section 17.36.030 within said 10 working days.
(Prior zoning ord. § 502.14)
17.32.390 Applicability of regulation in the zone.
Unless specifically modified by a variance, all regulations prescribed in the zone in which such variance is granted shall apply.
(Prior zoning ord. § 502.15)
17.32.400 Continuing validity.
A variance that is valid and in effect, and was granted pursuant to the provisions of this title, shall adhere to the land and continue to be valid upon change of ownership of the land or any lawfully existing building or structure on said land.
(Prior zoning ord. § 502.16)
Article III. Reserved5Adjustment Permits
5 Editor's note(s)—Ord. No. 947, § 2, adopted July 13, 2010, amended the Code by repealing former Art. III, §§
17.32.410—17.32.550, in its entirety. Former Art. III pertained to cemetery permits, and derived from the prior zoning ord., §§ 504.1, 504.3, 504.5, 504.7, 504.9, 504.11, 504.13, 504.15, 504.17, 504.19, 504.21, 504.23, 504.25, 504.27, and 504.29.
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(Supp. No. 10-24, Upd 1)
17.32.410—17.32.550 Reserved.
17.32.410 Purpose of.
The adjustment procedure is established to permit modification of development standards as they apply to particular uses when practical difficulties or results inconsistent with the general purposes of this title develop through the strict literal interpretation and enforcement of such provisions. An adjustment may be granted to permit modification of:
A. Building height, lot coverage, and FAR limitations, with an increase up to 25%; B. Wall, fence, and screening height limitations, with an increase up to 25%; C. Corner lot width requirements, which may be reduced to the minimum established for an interior lot under the subject zoning designation;
D. Setbacks, with a reduction up to 25%, so long as the resulting setback is sufficient for fire safety; E. Sign regulations other than those applicable to off-site signs.
17.32.420 Filing of application.
Any person desiring any permit required by or provided for in this title, may file an application therefor with the director, except that no application shall be filed or accepted if final action has been taken within one year prior thereto by either the commission or city council on an application requesting the same, or substantially the same permit.
17.32.430 Contents of application.
An application for an adjustment shall contain the information:
A. Name and address of the applicant and of all persons owning any or all of the property proposed to be used;
B. Evidence that the applicant:
1. Is the owner of the premises involved, or
2. Has written permission of the owner or owners to make such application, or
3. Is or will be the plaintiff in an action in eminent domain to acquire the premises involved, or any portion thereof, or
4. In the case of a public agency, is negotiating to acquire a portion of the premises involved; C. Location of subject property (address or vicinity);
D. Legal description of the property involved;
E. The nature of the requested use, indicating the business, occupation or purpose for which such building, structure, or improvement is to be erected, constructed, altered, enlarged, moved, occupied or used;
F. Indicate the nature, condition and development of adjacent uses, buildings and structures; and G. Provide a site plan drawn to a scale satisfactory to and in the number of copies prescribed by the director indicating:
1. The area and dimensions of proposed site for the requested use, Created: 2024-08-22 08:37:10 [EST]
(Supp. No. 10-24, Upd 1)
2. The location and dimensions of all structures, yards, walls, fences, parking and loading facilities, landscaping, and other development features;
H. Indicate the dimensions and state of improvement of the adjoining streets and highways providing access to the proposed site of the requested use;
I. Indicate other permits and approvals secured in compliance with the provisions of other applicable ordinances;
J. Project Notice. A notice for an adjustment permit shall be mailed 10 calendar days before the scheduled action to the following, unless stated otherwise in this code:
1. Owner(s) and applicant;
2. All owners of property located adjacent to the exterior boundaries of the subject site, as shown on the county's last equalized assessment roll. If the project site abuts a street, all property owners on the other side of the street shall be mailed the notice. If the project site is located within a multiple tenant commercial or industrial center, all tenants or property owners, if different, within the center shall be mailed the notice;
3. Persons Requesting Notice. A person who has filed a written request for notice with the director of development services within one year prior to the action.
4. The development services director may require additional notification requirements such as site posting and increased notification radius based upon the possible impacts of the project.
K. Such other information as the director may require.
The accuracy of all information, maps and lists submitted shall be the responsibility of the applicant.
17.32.440 Filing fees required.
When an application is filed it shall be accompanied by the filing fee required by resolution of the city council.
17.32.450 Denial of inadequate application.
The director may deny an application of an adjustment if such application does not contain the information required by Sections 17.32.430 and 17.32.440. The director may permit the applicant to amend such application.
17.32.460 Findings and decision.
The director may approve an application for an adjustment where the information submitted by the applicant substantiates the following findings:
A. The adjustment will not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity with the same zoning.
B. The adjustment is not detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located.
C. The adjustment is generally consistent with surrounding development and general plan and zoning designations.
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(Supp. No. 10-24, Upd 1)
Any reduction or increase greater than those specified in Section 17.32.410 shall require a variance. The director shall deny the application where the information submitted by the applicant fails to substantiate such findings to the satisfaction of the director.
17.32.470 Conditions.
The director in approving an application for an adjustment may impose such conditions as they deem necessary to ensure that the adjustment will be in accord with the findings required by Section 17.32.460.
Conditions imposed by the director may involve any pertinent factors affecting the establishment, operation, and maintenance of the use for which such adjustment is requested.
17.32.480 Expiration where not used.
An adjustment which is not used within the time specified in such adjustment, or, if no time is specified, within two years after the granting of the adjustment, becomes null and void and of no effect except in all cases the director may extend such time for a period of not to exceed one year, provided an application requesting such extension is filed prior to such expiration date.
17.32.490 Date of grant where appealed.
Where an appeal is filed relative to any adjustment, the date of decision by the city council of such appeal shall be deemed the date of grant in determining said expiration date.
17.32.500 Nuisances.
Neither the provisions of this title nor the granting of any permit provided for in this title authorizes or legalizes the maintenance of any public or private nuisance.
17.32.510 Effective date.
The decision of the director shall become final and effective 10 working days after the director’s action, provided no appeal of the action taken has been filed with the city clerk pursuant to Section 17.36.030 within said 10 working days.
17.32.520 Applicability of regulation in the zone.
Unless specifically modified by an adjustment, all regulations prescribed in the zone in which such adjustment is granted shall apply.
17.32.530 Continuing validity.
An adjustment that is valid and in effect, and was granted pursuant to the provisions of this title, shall adhere to the land and continue to be valid upon change of ownership of the land or any lawfully existing building or structure on said land.
Article IV. Explosives Permits
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(Supp. No. 10-24, Upd 1)
17.32.560 Definition.
A. The terms "explosive" and "explosives" whenever used in this title shall mean any substance or combination of substances that is commonly used for the purpose of detonation and which, upon exposure to any external force or condition, is capable of a relatively instantaneous release of gas and heat. These terms shall include, but shall not necessarily be limited to, all of the following:
1. Substances determined to be Class A and Class B explosives as classified by the United States Department of Transportation;
2. Nitrocarbonitrate substances (blasting agent) as classified by the United States Department of Transportation;
3. Any material designated as an explosive by the State Fire Marshal;
4. Certain Class C explosives as designated by the United States Department of Transportation when listed in regulations adopted by the State Fire Marshal.
B. The terms "explosive" and "explosives" whenever used in this title shall not include the following:
1. Small arms ammunition of .75 caliber or less when designated as a Class C explosive by the United States Department of Transportation;
2. Fireworks regulated under Part 2 (commencing with Section 12500) of Division 11 of the Health and Safety Code.
(Prior zoning ord. § 505.1)
17.32.570 Permits required.
No quantity of explosives other than gunpowder in excess of 100 pounds, or gunpowder in excess of 750 pounds, shall be stored or kept in any place, house or building in the county of Los Angeles without a permit therefor from the commission and unless said explosives are contained in a magazine situated, constructed, operated and maintained in the manner described in Part 1 of Division 11 of the Health and Safety Code. (Prior zoning ord. § 505.2)
17.32.580 Application for permit.
Any person proposing to store or keep any quantity of gunpowder in excess of 750 pounds or any other explosives in excess of 100 pounds in any place, house or building in the unincorporated territory of the county of Los Angeles shall file application for a permit with the director, accompanied by the filing fee as required by resolution of the city council. Such application shall also verify that the applicant has submitted such data as is required by the county forester and fire warden.
(Prior zoning ord. § 505.3)
17.32.590 Temporary storage.
If the application is for a permit to store explosives for not more than 3 months and there is no permit in force for that location, the commission may grant the permit without a public hearing provided:
A. That the applicant has submitted such data as is required to the county forester and fire warden for approval prior to consideration by the commission; and
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(Supp. No. 10-24, Upd 1)
B. That said county forester and fire warden has indicated his approval in writing stating that such explosives may be safely stored at the proposed location. (Prior zoning ord. § 505.5)
17.32.600 Hearing required.
Unless an application is approved pursuant to Section 17.32.590 the zoning board commission shall hold a public hearing unless the commission determines to and itself holds a public hearing. (Prior zoning ord. § 505.6)
17.32.610 Notification of county forester and fire warden.
The director shall immediately notify the county forester and fire warden of every application for a permit to keep or store explosives. Where a public hearing is to be held the director shall notify the county forester and fire warden of the time and place thereof.
(Prior zoning ord. § 505.7)
17.32.620 Duties of county forester and fire warden.
The county forester and fire warden, within 10 days after receipt of a copy of the application for a permit, shall furnish to the commission a report thereon as to whether or not in his opinion explosives in the amounts and kinds mentioned in the application can be kept at the place proposed without danger of serious injury to persons other than those employed in or about the magazine, or to property other than that of the applicant. (Prior zoning ord. § 505.8)
17.32.630 Findings and decision.
At the time and place fixed for the hearing on the application the zoning board or commission shall hear the same and any protests thereto, and upon the evidence and other matters brought to its attention during hearing, including the report of the county forester and fire warden, may approve such permit where the findings indicate that explosives in the amounts and kinds mentioned in the application can be kept at the place proposed without danger of serious injury to persons other than those employed in or about the magazine, or to property other than that of the applicant.
Where no hearing is required, the commission shall make similar findings based upon its investigation or the investigation of its staff, and upon the report of the county forester and fire warden, of the place where it is proposed to keep the explosives.
(Prior zoning ord. § 505.10)
17.32.640 Conditions for approval.
The commission shall consider and may impose such conditions as it deems necessary to protect the public health, safety and general welfare, and to prevent material detriment to the property of other persons located in the vicinity of such proposed use. The commission may also approve the permit contingent upon compliance with applicable provisions of other ordinances.
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(Supp. No. 10-24, Upd 1)
(Prior zoning ord. § 505.11)
17.32.650 Application of article.
Nothing contained in this article shall apply to any explosive in transit in railway cars or other vehicles, or to any explosive awaiting transportation in or delivery from a railway car or other vehicle, or to the transfer of any such explosive from a car of one railway company to a car of a connecting railway company, provided that the car or other vehicle in which said explosive is being transported or is awaiting transportation or delivery, shall be kept locked or guarded; and provided further that the time during which such explosive is kept waiting transportation or delivery shall not exceed 24 hours.
(Prior zoning ord. § 505.12)
Article V. Public Hearing Procedures for Permits, Variances and Nonconforming Uses or Structures Review
17.32.660 Initiation of.
Hearings on permits, variances or nonconforming uses or structures review may be initiated:
A. If the board of supervisorscity council instructs the commission to set the matter for a public hearing in the case of a conditional use permit, (animal permit), variance or nonconforming use or structure review; or
B. Upon the initiative of the commission in the case of a conditional use permit, (animal permit), variance or nonconforming use or structure review; or
C. Upon the filing of an application.
(Prior zoning ord. § 507.1)
17.32.670 Scheduling of.
Upon the filing of an application accompanied by the required fee and/or deposit, or other initiation pursuant to this chapter, the director shall fix a time and place for a public hearing as required by this title. (Prior zoning ord. § 507.2)
17.32.680 Notice of.
Where a public hearing is required by this title, notice of such hearing shall be provided in accordance with the provisions of Section 17.36.020A.
(Prior zoning ord. § 507.3)
17.32.690 Responsibility for.
When a verified application is filed for a permit or variance and a hearing is required by this title, the zoning boardcommission shall hold such hearing if the commission does not itself hold the hearing.
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(Supp. No. 10-24, Upd 1)
(Prior zoning ord. § 507.4)
17.32.700 Reserved. Findings and recommendations to the commission.
When the zoning board is empowered to hold the public hearing, the zoning board shall submit to the commission the action it concludes the commission should take in the form of written recommendations. Such recommendations shall include findings required by this title, together with any additional conditions deemed necessary.
(Prior zoning ord. § 507.5)
17.32.710 Reserved. Period of decision.
The zoning board shall submit its recommendations to the commission within 90 days following the public hearing, provided however that with the mutual agreement of the applicant and the commission, an extension may be granted for a period not to exceed 90 days. Where no recommendation is made within 90 days or within the extension period, it shall be deemed a recommendation for denial by the zoning board based on the finding that the information submitted does not substantiate the requirements of Section 17.32.090. (Prior zoning ord. § 507.6)
17.32.720 Reserved Action on zoning board recommendations.
Upon receiving the written recommendations of the zoning board, the commission may:
A. Approve and adopt the findings and recommendations of the zoning board; or B. Refer the matter back to the zoning board for further proceedings with or without instructions; or C. Require a transcript of the testimony or summary of the evidence introduced before the zoning board and take such action as in its opinion is indicated by the evidence; or D. Set the matter for a public hearing before itself. Such public hearing shall be held de novo (as if no hearing has been previously held).
In reaching its decision, the commission shall not hear or consider any argument or evidence of any kind other than the evidence received from the zoning board, unless it is itself conducting a public hearing on the matter.
(Prior zoning ord. § 507.7)
17.32.730 Reserved. Period for decision.
If the commission takes no action on a recommendation of the zoning board for 30 days after receiving the same, at the expiration of such 30 days the director shall release such recommendation as the final ruling of the commission.
(Prior zoning ord. § 507.8)
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(Supp. No. 10-24, Upd 1)
17.32.740 Cases considered concurrently.
Where an application for a conditional use permit and an application for a variance are concurrently heard and considered, the zoning board and commission shall in making their findings consider each case individually as if separately filed.
(Prior zoning ord. § 507.9)
17.32.750 Notice of action.
Notice of the action taken by the commission on an application for a permit or variance shall be made in accordance with the provisions of Section 17.36.020C.
(Prior zoning ord. § 507.10)
Article VI. Director's Review
17.32.760 Intent and purpose.
Director's review is established to facilitate substantiation and corroboration of facts and testimony vital to the administration of this title and is required or may be used for:
A. Determination of whether or not a proposed development will properly comply with the provisions and development standards prescribed in this title or as prescribed by the commission or director; B. Indication of compliance, or plans and intentions to comply with the regulations and standards prescribed in this title.
Where a site plan is required in an application for a permit, variance, nonconforming use or structure review, said site plan shall be considered a part of said application and shall not require separate approval under the provisions of this article.
(Prior zoning ord. § 508.1)
17.32.770 Authority.
The director may:
A. Require a site plan review for any use, development of land, structure, building or modification of standards that involves the approval of the director;
B. Require such other forms and documents as are necessary to determine compliance with the provisions of this title or any conditions that may be specified in granting an approval of the requested use, development or modification;
C. Require such supplemental information or material as may be necessary, including revised or corrected copies of any site plan or other document previously presented. (Prior zoning ord. § 508.2)
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(Supp. No. 10-24, Upd 1)
17.32.780 Application for.
Any application for director's review shall contain the following information and documents as are required by the director and be accompanied by the filing fee required by resolution of the city council:
A. Name and address of the applicant and of all persons owning any or all of the property proposed to be used;
B. Evidence that the applicant:
1. Is the owner of the premises involved, or
2. Has written permission of the owner or owners to make such application, or
3. Is or will be the plaintiff in an action in eminent domain to acquire the premises involved, or any portion thereof, or
4. In the case of a public agency, is negotiating to acquire a portion of the premises involved; C. Location of subject property (address or vicinity);
D. Legal description of property;
E. Proposed facility or use;
F. The use, location and size of all buildings and structures, yards, driveways, access and parking areas, landscaping, walls or fences, and other similar features; G. Such other data including plans, drawings, diagrams or pictures as may be required to determine compliance with the provisions of this title.
(Prior zoning ord. § 508.3)
17.32.790 Findings and decision.
The director in acting upon any site plan offered for review as provided in this title shall either approve, approve with conditions, or deny the proposed use, development or modification as requested in the application and as indicated in the required site plan based on the following principles and standards:
A. That the use, development of land and/or application of development standards is in compliance with all applicable provisions of this title;
B. That the use, development of land and/or application of development standards, when considered on the basis of the suitability of the site for the particular use or development intended, is so arranged as to avoid traffic congestion, insure the protection of public health, safety and general welfare, prevent adverse effects on neighboring property and is in conformity with good zoning practice; C. That the use, development of land and/or application of development standards is suitable from the standpoint of functional developmental design.
D. Those development proposals, which pursuant to state law can only be subject to objective standards, shall not be subject to subsections B and C, above, but shall be subject to the following standards:
1. Public facilities and utilities are available to serve the proposed development in accordance with adopted city standards or will be made available at the time of development.
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(Supp. No. 10-24, Upd 1)
2. Proposed plans for vehicle circulation and access have been approved by the city engineer and impacts to the city's transportation network have been mitigated to the extent necessary to maintain the city's adopted transportation level of service. (Prior zoning ord. § 508.4)
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.32.800 Reserved. Period of decision.
If the director takes no action on a site plan within 90 days from the date of filing, it shall constitute a denial of such site plan.
(Prior zoning ord. § 508.6)
17.32.810 Notice of action.
The director shall notify the applicant of a request for a site plan approval of the action taken on the application, by first class mail, postage prepaid, or other means deemed appropriate by the commission. Such notification may also be hand delivered to the applicant when appropriate. (Prior zoning ord. § 508.7)
17.32.820 Appeal.
An appeal may be made by the applicant or an interested citizen in the event that he is dissatisfied with the action taken by the director on a site plan. Such appeal shall be filed with the city clerk in accordance with Section
17.36.030.
(Prior zoning ord. § 508.8)
Article VII. Nonconforming Uses and Structures6
17.32.830 Purpose.
This article is intended to allow for the continuation, maintenance, and limited expansion of uses, lots, and structures established in compliance with development codes in effect at the time of establishment of the use of structure, but not incompliance with current development codes. (Ord. No. 1070, § 4(Exh. A), 1-14-2020)
6 Editor's note(s)—Ord. No. 1070, Exh. A, adopted Jan. 14, 2020, repealed the former Art. VII, §§ 17.32.830—
17.32.880, and enacted a new Art. VII as set out herein. The former Art. VII pertained to similar subject matter and derived from Prior zoning ord. §§ 509.1—509.6; Ord. 651 § 9, adopted 1993; Ord. 900 § 8, adopted 2008.
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(Supp. No. 10-24, Upd 1)
17.32.840 Establishment of lawful nonconforming uses, structures and lots.
Any lawfully established use, structure, or lot that is in existence on the effective date of the ordinance codified in this title or any subsequent amendment but does not comply with all of the standards and requirements of this title shall be considered nonconforming. Nonconforming uses and structures may only be continued subject to the requirements of this Article.
A. Nonconformities, Generally. A nonconformity may result from any inconsistency with the requirements of this title including, but not limited to location, density, floor area, height, yard, usable open space, buffering, performance standards, or the lack of an approved permit of other required authorization.
B. Nonconforming Lots. Any lot that is smaller than the minimum lot size required by this title or does not meet any of the applicable dimensional requirements shall be considered a lawful nonconforming lot if it is described in the official record on filed in the office of the Los Angeles County Recorder as a lot of record under one ownership. A nonconforming lot may be used as a building site subject to compliance with all applicable requirements, unless a variance or other modification or exception is approved as provided in this title.
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)
17.32.850 Continuation and maintenance of nonconforming uses and structures.
A. A use legally occupying a structure or site, as of the effective date of this code, that does not conform with the use regulations or the standards in the zone in which the use is located shall be deemed to be a legal nonconforming use and may be continued in perpetuity.
B. A structure legally occupying a site as of the effective date of this code that does not conform with the property development standards for required yards, height, coverage, distances between structures, or other standards for the zone in which the structure is located shall be deemed to be a legally nonconforming structure and may be used and maintained in perpetuity.
C. It shall not be the intent of this section to render previously legally created building lots or legally constructed buildings which do not comply with the new property development regulations or other requirements of this title to be nonconforming where these lots or buildings complied with the ordinances in effect at the time of construction. However, proof of compliance with ordinances in effect at the time of creation or construction shall be the sole burden of the applicant or property owner. Such proof may include building permits, minutes of council or commission action, case files, or other documentation.
D. Routine maintenance and repairs may be performed on a structure or site, the use of which is legal nonconforming.
E. When interpreting setbacks for a residential use in a residential zone that are legal nonconforming, new construction shall be permitted to maintain/continue the existing setback, provided the structure does not further encroach into the existing setback area by either further reducing the existing setback.
F. Any nonconforming publicly owned use, including but not limited to, schools, colleges, parks, libraries, fire stations, sheriff stations and other public sites, may be added to, extended or altered if such additions, extensions or alterations do not extend beyond the boundaries of the original site established prior to the time approval was required. Nothing in this title pertaining to nonconforming structures shall be construed to require the termination, discontinuance or removal of such uses except as provided in Section 17.32.900.
G. Any nonconforming public utility building, structure, equipment or facility necessary for operating purposes, but excluding offices, service centers or yards, may be added to, extended or altered, provided there is no change in use or enlargement of the original site established prior to the time such approval was required.
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(Supp. No. 10-24, Upd 1)
Nothing in this ordinance pertaining to nonconforming structures shall be construed to require the termination, discontinuance or removal of such uses except as provided in Section 17.32.900. (Ord. No. 1070, § 4(Exh. A), 1-14-2020)
17.32.860 Restoration of damaged structure.
A. Whenever a structure which does not comply with the property development standards prescribed in the zone in which the structure is located is destroyed by fire or other calamity to the extent of fifty percent (50%) or more, the structure may be restored and the legal nonconforming use may be resumed; provided, that restoration is started within two (2) years from the date of the calamity and diligently pursued to completion. The new structure may be restored to its original height or the maximum height permitted in the zone in which it is located, whichever is greater, and must be in full conformity with the parking, setback, and landscaping standards for that zone in effect at the time of reestablishment.
B. The extent of damage shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the Building Official and shall be based on the minimum cost of construction in compliance with the Building Code. In the case of a use with multiple structures, the damage ratio shall be determined by comparing the cost of restoring the damaged structure(s) to its (their) condition(s) prior to such damage to the estimated cost of duplicating all structures associated with such use.
C. Whenever a structure is damaged less than fifty percent (50%), the structure shall be replaced to its legal nonconforming status or replaced with a structure in conformance with the code. (Ord. No. 1070, § 4(Exh. A), 1-14-2020)
17.32.870 Zoning Compliance Review.
A. Uses and structures established in compliance with zoning codes in effect at the time of establishment of the use or structure but not in compliance with current zoning codes may obtain a certificate of zoning compliance through a Director's Review. A certificate of zoning compliance shall require a final occupancy review. The applicant must show, to the satisfaction of the Director, that the structure or use in question is in compliance with the original permit and/or codes in effect at the time the structure was constructed or the use was initiated
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)
Article VIII. Revocations or Modifications
17.32.890 Grounds for.
After a public hearing as provided for in this article, the commission may revoke or modify any nonconforming use or revoke or modify any permit, variance or other approval which has been granted by either the board of supervisorscity council or the commission, pursuant to either the provisions of the ordinance codified in this title or of any ordinance superseded by the ordinance codified in this title on any one or more of the following grounds:
A. That such approval was obtained by fraud;
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(Supp. No. 10-24, Upd 1)
B. That the use for which such approval was granted is not being exercised; C. That the use for which such approval was granted has ceased or has been suspended for one year or more.
This subsection does not apply to an exception (granted prior to November 23, 1970), or permit for a rock quarry, sand or gravel pit, rock crushing plant, or any apparatus for the manufacture or production of rock, sand or gravel, or any excavation for the purpose of obtaining clay, decomposed granite, or similar material, if from the cessation of use the outer boundaries of the premises have been continuously posted with signs not less than 500 feet apart and at each change of direction of the said outer boundary line, in such manner as will reasonably give notice to passersby of the matters contained in such notice, stating, in letters not less than 4 inches in height: "ROCK QUARRY PROPERTY," and stating, in letters not less than one inch in height: "Permission has been granted to use this property at any time for rock quarry, sand, gravel or clay pit or rock crushing plant"; D. Except in case of a dedicated cemetery that any person making use of or relying upon the permit, variance, or other approval, is violating or has violated any conditions of such permit, variance or other approval, or that the use for which the permit, variance, or other approval was granted is being, or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;
E. Except in the case of a dedicated cemetery, that the use for which the approval was granted is so exercised as to be detrimental to the public health or safety, or so as to be a nuisance. (Prior zoning ord. § 510.1)
17.32.900 Additional grounds for nonconforming uses and structures.
In addition to the grounds for revocation or modification contained in Section 17.32.890, a nonconforming use or structure may be revoked or modified after a public hearing if the commission finds:
A. That the condition of the improvements, if any, on the property are such that to require the property to be used only for those uses permitted in the zone where it is located would not impair the constitutional rights of any person;
B. That the nature of the improvements are such that they can be altered so as to be used in conformity with the uses permitted in the zone in which such property is located without impairing the constitutional rights of any person.
(Prior zoning ord. § 510.2)
17.32.910 Initiation of.
Hearings on revocations or modifications of permits, variances or nonconforming uses or structures may be initiated:
A. If the board of supervisorscity council instructs the commission to set the matter for a public hearing; or
B. Upon the initiative of the commission.
(Prior zoning ord. § 510.3)
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(Supp. No. 10-24, Upd 1)
17.32.920 Notice of public hearing.
Notice of a public hearing on a revocation or modification shall be provided as follows:
A. To the same persons and in the same manner as required for a public hearing before the commission pursuant to 17.36.020; and
B. By such other additional means that the commission deems necessary. (Prior zoning ord. § 510.4)
17.32.930 Continuance.
If for any reason, the testimony of any case set for public hearing cannot be completed on the appointed day, the chairman of such hearing may before adjournment or recess, publicly announce the time and place at which said hearing will be continued and no further notice thereof shall be required. (Prior zoning ord. § 510.5)
17.32.940 Notice of action.
Notice of the action taken by the commission shall be provided in accordance with the provisions of Section
17.36.020C.
(Prior zoning ord. § 510.6)
17.32.950 Effective date.
An order by the commission revoking or modifying a permit, variance, or nonconforming use or structure shall become final and effective 10 working days after the commission's action, provided no appeal of the action taken has been filed with the city clerk pursuant to Section 17.36.030 within said 10 working days. (Prior zoning ord. § 510.7)
Chapter 17.36 ADMINISTRATION
17.36.010 Procedure for application.
A. Withdrawal of. An applicant or petitioner for any permit, variance, nonconforming use or structure review, or zone change provided for in this title may withdraw their his application at any time before hearing or before ex parte action by the commission by filing with the commission a request in writing signed by all persons who signed the original application or petition, or their successors in interest.
B. Filing Fees and Deposits. For the purpose of defraying the expense involved in connection with any application or petition required or authorized by this title the city council shall establish by resolution fees which shall accompany the application or petition at the time of filing with the city. The council may amend such fees at any time as it deems a change to be necessary in accordance with state law.
C. Fee Waiver. In those instances where the city councilboard of supervisors by resolution determines it in the public interest to accept applications or petitions without filing fee, the director shall accept such applications or petitions subject to the requirements specified in said resolution.
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(Supp. No. 10-24, Upd 1)
D. Deficiencies and Refunds of Fees and Deposits.
1. If any application or petition is withdrawn as provided in subsection A of this section prior to publication of notice of hearing or prior to ex parte action by the commission, the citycounty shall refund the filing fee and all deposits, if any.
2. In the case of an application for a cemetery permit if the actual cost of publication and posting of notice is more than the amount deposited by the applicant, such applicant shall deposit the deficiency; if less the citycounty shall refund any deposit.
3. In all other cases there shall be no refund after the notice of hearing has been published.
E. Accounting for Fees and Deposits. The director shall keep a permanent and accurate account of all deposits received, giving the name of the applicant upon whose account the same was deposited, the date and amount thereof, together with the location of the premises to which they relate.
F. Inactive Application. An application may be deemed administratively withdrawn by staff if an applicant has not provided a formal response, revision, or is not actively pursuing the proposed project after a period of one year from the last date of formal comments by the city. (Prior zoning ord. §§ 620—623)
17.36.020 Public hearings procedure.
A. Notice of. No less than 10 days prior to the date of any hearing other than a hearing on an application to grant a cemetery permit, the Director shall:
1. Cause a copy of a notice of the time and place of such hearing to be published as follows:
a. Hearings on general amendments to the ordinance shall be published once in a newspaper of general circulation in the county of Los Angelescity of Lancaster; b. Hearings on permits, variances, nonconforming uses or structure review, or zone changes shall be published once in a newspaper of general circulation in the county of Los Angeles available in the community in which the permit or variance is proposed to be establishedcity of Lancaster except that, conditional use permits for a rock quarry, sand, gravel, or any excavation for the purpose of obtaining clay, decomposed granite or similar material shall be published in 2 newspapers of general circulation at least one of which is a newspaper available in the community in which such use is proposed to be established. Such publications if made in a daily newspaper, shall be for a period of not less than 5 consecutive publications of such newspaper, and if made in a weekly newspaper, shall be for a period of not less than 2 consecutive publications of such paper the first publication in either case appearing not less than 20 days before the date of the hearing;
2. Cause a notice to be mailed by first class mail, postage prepaid, to:
a. The applicant and all persons listed in the application or petition as owners of the property under consideration, and
b. All persons whose names and addresses appear on the verified lists of property owners required to be submitted by the applicant, and
c. Such other persons whose property might in his judgment be affected by such application or permit;
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(Supp. No. 10-24, Upd 1)
3. Cause a notice of the time and place of such hearing to be sent to such public officers, departments, bureaus or agencies who, in the opinion of the Director, might be interested, requesting a report thereon;
4. If for a revocation, also serve upon every person, if any, in real or apparent charge and control of the premises involved, the record owner, the holder of any mortgage, trust deed or other lien or encumbrance of record, the holder of any lease of record, the record holder of any other estate or interest in or to the premises or any part thereof, written notice of the time and place of such hearing either in the manner required by law for the service of summons, or by registered mail, postage prepaid;
5. If the Director finds that the publication and mailing required by subsections A.1. and 2. of this section will not give sufficient notice to those persons who may be affected, he also shall post at such locations as he deems best suited to inform such persons, notices of the time and place of such hearing.
6. For centers with two or more tenant spaces, each tenant within the center shall be notified of the public hearing notice.
B. Continuance of. If for any reason, the testimony on any case set for public hearing cannot be completed on the appointed day, the chairman of such hearing may before adjournment or recess, publicly announce the time and place at which said hearing will be continued and no further notice thereof shall be required.
C. Notice of Action. The commission shall serve notice of its action upon:
1. The applicant for a permit, variance, nonconforming use or structure review, or zone change, or the person owning and/or operating a use for which the revocation of a permit, variance, or nonconforming use or structure is under consideration as required by law for the service of summons or by registered or certified mail, postage prepaid, return receipt requested; and
2. The following persons by first class mail, postage prepaid:
a. The first 3 protestants testifying or speaking at the public hearing, except at a hearing for the revocation or modification of any permit, variance, or nonconforming use or structure, b. The first 3 persons testifying or speaking at a public hearing in favor of the revocation or modification of any permit, variance, or nonconforming use or structure, c. Any other persons testifying or speaking at a public hearing that request such notification from the chairman at the hearing.
(Prior zoning ord. §§ 631—633)
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)
17.36.030 Appeal to the city council from action of city official, board or commission.
Whenever an applicant or an interested citizen of the city desires to appeal to the city council an adverse determination made by a city official, board or commission he shall follow the uniform appeal procedures as outlined in Chapter 2.44 of this code. All inquiries regarding appeals shall be directed to the city clerk's office. (Prior zoning ord. § 641)
Chapter 17.40 GENERAL REGULATIONS
Title 17 - ZONING
Chapter 17.40 - GENERAL REGULATIONS
Article I. General Regulations
Lancaster, California, Code of Ordinances Created: 2024-08-22 08:37:11 [EST] (Supp. No. 10-24, Upd 1)