4. Mechanical equipment located on the ground, such as heating or cooling equipment, pumps, or generators, must be screened from view from the street and any abutting residential zones by walls, fences, or vegetation. Vegetative screening shall consist of an evergreen hedge maintained at least 2 feet wide hedge that will be tall enough at maturity to screen the equipment. Mechanical equipment placed on roofs must be screened in one of the following ways:
a. A parapet that is as tall as the tallest part of the equipment; b. A screen around the equipment that is as tall as the tallest part of the equipment; or c. The equipment is set back from roof edges 3 feet for each foot of height of the equipment. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.080 Transitions and screening—Residential multi-unit buildings (5 or more units) and mixed use projects.
A. Purpose. These objective regulations for transitions and screening are established to help ensure that new residential multi-unit buildings (5 or more units) and mixed use projects provide visual and privacy transitions between proposed higher-intensity developments and adjacent, less-intensive uses.
B. Objective design standards for residential multi-unit buildings (5 or more units) and mixed use projects in all zones.
1. The heights of structures at the edge of multi-unit residential and mixed-use developments shall be "stepped down" to match or complement the maximum height of buildings allowed on any abutting property zoned Rural Residential and Urban Residential (RR-2.5, RR-1, SRR, R-7,000, R-10,000, or R15,000). This standard shall be met by the following transition of allowed building height adjacent to the Urban Residential zone.
a. On the portion of a site within 25 feet of a lot line abutting a site zoned Urban Residential, the maximum allowed step-down height shall be 35 feet.
b. Sites with property lines that abut a site zoned Urban Residential for less than a 5-foot length are exempt from this standard.
2. Windows on multi-unit residential and mixed-use developments shall be designed to protect privacy of adjacent residentially zoned properties. This standard applies to new windows above the first story that are within 20 feet of, and would have an uninterrupted line of sight to, one or more windows an existing interior residential space. Opaque or clerestory windows shall be used, or windows shall be located at least 5 feet above the finished floor, as measured from the bottom of the window/windowsill.
3. A masonry wall or fence (wrought iron and tubular steel) of not less than 5 nor greater than 6 feet in height shall be provided at the property line as follows:
a. Around the perimeter of a residential subdivision. This standard does not apply where the perimeter is coterminous with front lot lines or vehicle or pedestrian access points. b. Around the perimeter of a multi-dwelling (with more than 5 units) development site or mixed use development site. On multi-dwelling sites with fewer than 40 units, this standard only applies where the site abuts a lot zoned Rural Residential and Urban Residential (RR-2.5, RR-1, SRR, R7,000, R-10,000, or R-15,000). This standard does not apply where the perimeter is coterminous with the front lot line or vehicle or pedestrian access points. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)
Created: 2024-08-22 08:37:13 [EST]
(Supp. No. 10-24, Upd 1)
17.41.082 Open space and common areas.
A. Purpose. These objective open space and common area regulations are established to help ensure that new residential and mixed use projects provide private and common outdoor areas where residents can relax, recreate, meet neighbors, and enjoy the benefits of outdoor air, all things known to enhance quality of life.
B. Objective Design Standards for Residential and Mixed Use Projects in All Zones.
1. For multi-family residential developments with more than 20 units, including townhouse developments, centralized open space and community facilities shall be provided to serve residents of the development. This standard shall be met by providing common open space areas consistent with the following requirements:
a. At least 15% of the total gross development area shall be common open space. b. Setback areas shall not be used to satisfy common open space requirements. c. Common open spaces, such as forecourts and gardens, shall have a minimum dimension of 40 feet in any direction, building face to building face.
d. A minimum of 50% of the open space area shall be landscaped with live plant material suitable for the desert climate.
e. A minimum of 3 of the following activating features shall be incorporated into open spaces:
1) Fixed or movable seating.
2) Picnic style tables.
3) Shade trees or shaded canopy.
4) Outdoor kitchen equipment.
5) Children's play equipment.
6) Public art or interactive art, such as a life-size chess game. 7) Water feature (in conformance with sustainability standards). f. Exemption. The required common area standard does not apply to sites where:
1) All of the dwelling units have individual entrances that are within 20 feet of a street lot line; 2) Each entrance is connected to the street by a path that is at least 3 feet wide and hard surfaced; and
3) Each dwelling unit has at least 200 square feet of individual outdoor area.
2. Private open space shall be provided for all multi-family building and the residential component of a mixed-use development consistent with the following requirements:
a. 80 square feet for ground-floor units in the form of a covered or uncovered patio; and b. 40 square feet for upper-story units in the form of a terrace, balcony, or rooftop patio.
C. Additional Objective Design Standards for Mixed Use Projects in Mixed Use Zones.
1. For commercial, office and employment components of mixed-use developments, open space plaza areas accessible to the public shall be provided for activity, interaction, and rest. Such areas shall include seating with trees or other shade amenities.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
Created: 2024-08-22 08:37:13 [EST]
(Supp. No. 10-24, Upd 1)
17.41.084 Parking and access.
A. Purpose. These objective parking and access regulations are established to help ensure that new residential and mixed use projects are designed to minimize the dominant appearance of surface parking lots, parking structures, and driveways.
B. Objective Design Standards for Residential and Mixed Use Projects in All Zones.
1. Uses are subject to the objective parking and loading standards of the applicable zone, including: the minimum number of required parking spaces, accessible parking, parking space and facility dimensions, curbing, access to public right-of-way, striping, and grade. In case of a conflict, the ODS shall prevail.
2. A multi-family development following the streamlined review process pursuant to Government Code Section Government Code Section 65913.4 may be exempt or subject to reduced parking requirement in accordance with Government Code Section 65913.4(e).
3. For parking areas serving multi-unit residential projects with more than 2 units or mixed use developments, no off-street parking, off-street vehicle loading, or vehicular circulation areas shall be located between the building and the primary street frontage except in the following circumstances:
a. For developments facing arterial streets, in circumstances where the director of community development determines not possible to achieve rear parking placement due to lot size or configuration, street geometrics, easements, or other physical conditions, provided the parking is screened from street view by a combination of low masonry walls (maximum height 4 feet), landscaped berms, and/or evergreen hedges. The combination of walls, berms and/or hedges shall provide a minimum screening height of 5 feet.
b. The vehicle circulation area is limited to driveway access.
3. Where more than 50 surface parking spaces are provided on a site, parking areas shall be divided into a series of smaller, connected lots of no more than 50 spaces each through the use of landscaping and/or building placement.
4. The following landscaping standards shall apply to all surface parking lot areas with more than 10 parking spaces:
a. Surface parking lots that are visible from public streets shall meet the following landscaping, paving, and tree requirements:
i. At least 10% of the total area of any surface parking lot shall be landscaped and the landscape materials maintained in a healthy condition at all times. ii. One tree shall be provided for every 4 parking spaces. Trees shall be shade-producing trees and shall be evenly distributed throughout the parking lot so as to shade the parking area.
Trees shall be located in landscape planters. Minimum tree size at planting shall be 24-inch box.
b. Surface parking lots that are not visible from public and private streets and are located towards the rear and interior of the site shall meet the following landscaping and tree requirements:
i. At least 5% of the total area of any surface parking lot shall be landscaped and the landscape materials maintained in a healthy condition at all times. ii. One tree shall be provided for every 8 parking spaces. Trees shall be shade-producing trees and shall be evenly distributed throughout the parking lot so as to shade the parking area.
Trees shall be located in landscape planters. Minimum tree size at planting shall be 24-inch box.
Created: 2024-08-22 08:37:13 [EST]
(Supp. No. 10-24, Upd 1)
c. Where a surface parking lot abuts a parking structure or is adjacent to a surface parking lot on another lot, a landscape buffer not less than 10 feet in depth shall be provided between the lots or structures. Where adjacent surface parking lots allow common parking to serve multiple businesses and pedestrian walkways provide access to all businesses served, no landscape buffer shall be required.
d. Concrete wheel stops shall be installed in parking areas to protect landscaping. Any broken or damaged wheel stops shall be replaced. Alternatively, parking may be designed to overhang landscaped areas. Parking shall overhang landscaping no more than 2 feet with a minimum planter dimension of 5 feet.
e. All landscape planters shall have a minimum width of 4 feet.
5. Permanent parking for recreation vehicles (RVs), boats, and other similar large items shall be located behind the front plane of the primary building on the site. Parking for such vehicles shall not be permitted in any multi-unit or mixed-use zone.
6. For residential single-unit or two-unit buildings, in no instance shall paved surfaces used for parking, including driveways, cover more than 50% of the front yard.
7. For mixed use developments, reciprocal access drives shall be required to connect with adjacent mixed use or commercial properties.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.086 Exterior lighting—Residential multi-unit buildings (5 or more units) and mixed use projects.
A. Purpose. These objective lighting regulations are established to help ensure that new residential multi-unit buildings (5 or more units) and mixed use projects provide functional security for persons and property and allow extended use of properties into nighttime hours; lighting is installed and maintained to provide for an environmentally sensitive and energy efficient nighttime environment that includes the ability to view the stars against a dark sky from residential and other appropriate viewing areas; and ambient nighttime light levels do not adversely impact adjacent properties.
B. Objective design standards for residential multi-unit buildings (5 or more units) and mixed use projects in all zones.
1. Development applications shall include a lighting plan showing locations and specifications for all exterior lighting, including lighting used to illuminate streets, buildings, sidewalks, multi-use paths, parking lots, plazas, or open space areas. The lighting plan shall be evaluated during the land use approval process for compliance with the standards of this section.
2. For safety purposes, lighting shall be provided throughout the on-site pedestrian circulation system, including street frontages, sidewalks, multi-use paths, parking lots, buildings, and plazas. The on-site pedestrian circulation system shall be lighted to a minimum level of 2 foot-candles and a maximum of 3 foot-candles to enhance pedestrian safety and allow use at night.
3. The minimum lighting level for building entries of new multi-unit, retail, commercial, office, and institutional buildings located shall be 3 foot-candles. Lights shall be 6 to 12 feet in height and the light source shall be shielded.
4. Exterior lighting shall not blink, flash, or change color or intensity.
Created: 2024-08-22 08:37:13 [EST]
(Supp. No. 10-24, Upd 1)
5. Maximum lighting levels at property lines shall not increase lighting level more than 1.1 lumens/square meter 10 feet beyond the property line or 5.4 lumens/square meter adjacent to non-residentially zoned property or public rights-of-way.
6. Permanent exterior light fixtures that emit more than 900 lumens (13 watt compact fluorescent or 60 watt incandescent) shall be concealed or shielded with an Illumination Engineering Society of North America (IESNA) full cut-off style fixture with an angle not exceeding 90 degrees to minimize the potential for glare and unnecessary diffusion on adjacent property. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.088 Additional objective standards.
A. Projects subject to this chapter must comply with all other applicable objective standards within this Title 17, including, but not limited to:
1. Development standards as indicated in Sections 17.08.060 or 17.10.060, as may be amended.
2. Landscaping standards as indicated in subsection 17.08.110.B, as may be amended.
3. Electric vehicle charging stations as indicated in Section 17.08.330, as may be amended.
4. Yard, street and highway line requirements in Chapter 17.28, as may be amended.
B. Projects subject to this chapter must comply with those objective design standards contained within an applicable master plan or specific plan.
C. In case of a conflict between applicable objective standards contained within Title 17 and the ODS in this chapter, the ODS in this chapter shall prevail. In case of a conflict between applicable objective standards contained within an applicable master plan or specific plan and the ODS in this chapter, the objective standards of the master plan or specific plan shall prevail. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.100 Design modifications.
A. Purpose. The design modification process allows the director to approve modifications to the application of the ODS. The design modification process provides a mechanism by which the ODS may be modified if the proposed development continues to meet the intended purpose of those regulations. Design modifications provide flexibility for unusual situations. They also allow for alternative ways to meet the purposes of the ODS.
B. Procedures. Design modification requests are reviewed in accordance with Chapter 17.32, Article VI, Director's Review.
C. Review Criteria. For each ODS for which a design modification is requested, the applicant must show that the following criteria have been met:
1. Granting the design modification will equally or better meet the purpose of the regulation to be modified; and
2. The proposal will be consistent with the desired character of the zone; and
3. Any negative impacts resulting from the design modification are mitigated to the extent practical; and
4. The proposal will not significantly detract from the livability or appearance of the surrounding area; and
Created: 2024-08-22 08:37:13 [EST]
(Supp. No. 10-24, Upd 1)
5. If more than one design modification is being requested, the cumulative effect of the design modifications results in a project which still meets criteria (1) through (4), above. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)
Article V. Emergency Shelters and Low Barrier Navigation Centers
17.41.200 Purpose and intent.
The purpose of these regulations is to allow operation of emergency shelters and low barrier navigation centers in the city to help people in need of housing that are temporarily homeless. Reasonable standards have been established to preserve the neighborhood character and quality of life in Lancaster. Low barrier navigation centers may be permitted for the time determined valid under Government Code Sections 65660 through 65668. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.210 Application and permit required.
A. Emergency shelters are allowed by right within the light industrial (LI) zone subject to the standards in Section 17.41.220. These standards may be applied to an emergency shelter proposed in other zoning district subject to conditional use approval. Emergency shelters which require conditional use permit approval may be subject to conditions of approval with requirements that vary from and supplement these standards.
B. Low barrier navigation centers meeting the requirements of Government Code Section 65662 are allowed by right in areas zoned for mixed use and nonresidential zones permitting multi-family uses, subject to the standards in Section 17.41.220.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.220 Standards for emergency shelters and low barrier navigation centers.
All emergency shelters and low barrier navigation centers shall be subject to the following standards:
A. New structures for emergency shelters or low barrier navigation centers shall be subject only to those objective development standards that would apply to development within the applicable zone, including but not limited to, those standards related to lot size, building placement, setback, building size and massing, open space and landscaping.
B. The emergency shelter or low barrier navigation center shall be operated by a responsible social service provider. For the purposes of this section, a "social service provider" means an agency or organization licensed or supervised by any federal, state or local health/welfare agency that participates in the Federal Homeless Management Information System (HMIS) and has demonstrated experience with the homeless population by assisting individuals and families to achieve economic selfsufficiency and self-determination through a comprehensive array of programs and actions.
C. The emergency shelter or low barrier navigation center shall provide at least one qualified on-site supervisor at all times, plus one attendant for each 50 occupants.
D. An emergency shelter or low barrier navigation center shall not be approved when another emergency shelter or low barrier navigation center exists within 300 feet of the proposed site.
Created: 2024-08-22 08:37:13 [EST]
(Supp. No. 10-24, Upd 1)
E. On-site waiting and intake areas shall be enclosed or screened from the public right-of-way and adjacent properties.
F. Parking to serve all staff working in the emergency shelter shall be supplied at a ratio of one vehicle space per 10 beds, provided that this standard does not require more parking for emergency shelters or low barrier navigation center than other residential or commercial uses within the same zone.
G. The maximum number of beds or persons permitted to be served nightly by the facility shall be as limited to 150 beds.
H. Providers must submit a written management plan prior to beginning operation, including provisions for staff training, and counseling, treatment, and training programs for residents and length of time which clients may be accommodated. The management plan shall also address how the immediate sheltering needs of individuals who may be turned away from the shelter will be handled. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.230 Additional standards for low barrier navigation centers.
A. Applications shall be processed in accordance with Government Code Section 65664 provides timelines for action; the city must notify the developer within 30 days if the application is complete under Government Code Section 65493 and then must act on the application within 60 days from the date the application has been deemed complete.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
Chapter 17.42 ALCOHOLIC BEVERAGE AND TOBACCO ESTABLISHMENTS
17.42.010 Purpose and intent.
The purpose of adopting regulations for the sale of alcoholic beverages and tobacco is to ensure that such sales will not adversely affect surrounding residents, businesses, and institutions; and to ensure that any such use operates in a manner compatible with existing and future adjacent uses.
This chapter alone does not allow or permit alcoholic beverage and tobacco establishments, but only applies to such establishments where otherwise allowed or permitted within an involved applicable land use zoning district. This chapter does not authorize the operation of alcoholic beverage or tobacco establishments in any land use district where they are not otherwise allowed or permitted by the applicable involved zoning district's regulations.
(Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022)
17.42.020 Definitions.
For the purpose of this chapter, the following words or terms shall be defined as follows:
"Alcoholic beverage" means a fermented or distilled beverage including alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer which contains one-half of one percent or more of alcohol by volume which is fit for beverage purposes, either alone or when diluted with other substances, and sale of which require a license from the state ABC.
"Alcoholic beverage control (ABC)" means the California State Department of Alcoholic Beverage Control.
Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)
"Alcoholic beverage establishment" means any establishment involving the sale of alcohol. "Alcohol production" means an establishment where beer, wine and other spirits are prepared bottled, stored and sold for on- or off-site consumption. Tasting rooms or seating areas may be provided on site. Alcohol production is permitted in the commercial zones (C, CPD, MU zones) if there is a minimum of 25% and maximum up to 40% square footage of total floor area dedicated to retail and a full menu available at all times that alcoholic beverages are offered. "Alcohol production" shall be permitted in the industrial zones. "Bar" includes establishments used primarily for the sale or dispensing of alcoholic beverages for on-site consumption and that are not part of a restaurant.
"Bona fide restaurant" includes establishments primarily engaged in the preparation and retail of food and/or beverage for on-site consumption. A full menu shall be available at all times that alcoholic beverages are offered.
"Convenience market/neighborhood market" means a retail establishment up to 5,000 square feet utilized for the sale of prepackaged food products, household items, and soft drinks. Alcohol sales shall be limited to 5% maximum square footage of the sales floor area for sale and display of alcohol. The sale of spirits shall be subject to a conditional use permit and distance requirements. Convenience markets/neighborhood markets may be in conjunction with a fueling station.
"Enforcing officer" includes any city public safety officer, city community services officer, county sheriff's deputy, and any other public officer or employee designated by the city manager to issue administrative citations in accordance with Section 17.42.160.
"Entertainment" means any form of entertainment, whether live, televised audio or video taped, including, but not limited to, any type of performance for the purpose of amusing the audience, such as: dancing, singing, playing a musical instrument or acting.
"Existing deemed approved alcoholic beverage establishment" means any establishment lawfully engaged in the sale of alcoholic beverages for on- or off-sale consumption which is in existence prior to the effective date of this chapter, retains the same type of alcoholic beverage license and continues to legally operate without substantial change in the mode or character of operation. "Grocery store/Supermarket/Drugstore" means any retail establishment larger than 5,000 square feet primarily selling food product, household merchandise and pharmaceutical drugs. Alcohol sales shall be limited to 10% maximum square footage of the sales floor area for sale and display of alcohol. This is not in conjunction with a fueling station.
"Liquor store" includes any establishment which primarily sells beer, wine, and/or other spirits for off-site consumption. The display sales floor area of alcohol exceeds 5% square footage of the sales floor area. "Mixed-use development" means a building or combination of buildings intentionally designed as a single development to accommodate a combination of residential and commercial uses. "Mixed-use district" means any physical location designated by the city of Lancaster general plan or zoning map as a mixed-use district.
"Nightclub" means a place of entertainment, typically open at night, usually serving food and/or alcoholic beverages, which may have a floor show and/or offer live or recorded entertainment or music and/or space for dancing.
"Operator" means any person who has an ownership interest, in any manner, in an alcoholic beverage establishment, including, without limitation, a corporation and each of its officers, directors and stockholders; a partnership and each of its partners; a limited liability company and each of its managing members. "Owner" means and includes any person with a recorded ownership interest in, or a right of possession, control or use of the premises on which an alcoholic beverage establishment is located, including all persons Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)
shown as owners on the last equalized assessment roll of the county assessor's office. Owners include property managers and persons with powers of attorney, executors of estates, trustees, or who are court appointed administrators, conservators, guardians or receivers.
"Planning commission" means the planning commission of the city of Lancaster. "Responsible person" means an operator of an alcoholic beverage establishment, an operator's on-site manager(s), an operator's employees and/or a property owner, as defined herein. "Sales floor area" means the calculation of area for the sale and display of specified products, including but not limited to alcoholic beverages, fresh meat and fresh produce. The calculation of sales floor area percentage shall be based on the gross floor area of the premises, including any warehousing or storage areas and shall include actual product display areas and reasonable public access aisles within or adjacent to said display area. "Substantial change in mode or character of operation" means and includes, but is not limited to, the following situations:
1. The alcoholic beverage establishment has changed, or proposes to change, its type of retail liquor license with the department of alcoholic beverage control;
2. An alcoholic beverage establishment increases floor area by more than 20%;
3. The alcoholic beverage establishment proposes to reinstate alcohol sales after the retail liquor license has been revoked or suspended for a period greater than 90 days by the department of alcoholic beverage control; or
4. The establishment is a bona fide restaurant that adds entertainment, except for non- amplified solo or similar entertainment on an occasional basis, which does not occupy more than 50 square feet or substantially change the character of the restaurant operation. “Smoking lounge” means a business establishment that is dedicated, in whole or in part, to the smoking of tobacco products, electronic cigarettes, or other substances, including but not limited to establishments known variously as cigar lounges, hookah lounges, tobacco clubs, tobacco bars, etc. This use may involve the on-sale, or for on-premise consumption, or off-sale, or for off-premise consumption, of tobacco products. The sale or use of cannabis is prohibited subject to Chapter 17.43 Commercial Cannabis Activity. “Tobacco Retail” also referred to as “smoke shop” means a business establishment primarily engaged or offers a substantial amount of product for the sale of tobacco, tobacco products, and tobacco paraphernalia, such as cigarettes, cigars, pipes, snuff, chewing tobacco, dipping tobacco, and vapes. This use may involve the off-sale, or for off-premise consumption, of tobacco products. The sale or use of cannabis is prohibited subject to Chapter
17.43 Commercial Cannabis Activity.
(Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022)
17.42.030 Uses and permit requirements.
Type of Establishment Sale Items Permitted
Zones
Permit
Required
Review
Authority
Alcohol Production Beer,
Wine,
and Spirits
LI and HI DR Community
Development
Director
Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)
Alcohol Production with
minimum 25% and
maximum up to
40% retail and a food
menu
Beer,
Wine,
and Spirits
MU, C, and CPD DR Community
Development
Director
Bar Beer,
Wine,
and Spirits
MU, C, CPD,
LI, and HI
CUP Planning
Commission
Bona Fide Restaurant Beer,
Wine,
and Spirits
MU, C, CPD,
LI, and HI
DR Community
Development
Director
Convenience Market/
Neighborhood Market
Beer and
Wine
MU, C, CPD,
LI, and HI
MUP Community
Development
Director
Beer,
Wine,
and Spirits
MU, C, CPD,
LI, and HI
CUP Planning
Commission
Grocery Store/
Supermarket/Drugstore
Beer,
Wine,
and Spirits
MU, C, CPD,
LI, and HI
DR Community
Development
Director
Alcohol Sales in
Conjunction
and Incidental to a Primary
Use
Beer,
Wine,
and Spirits
MU, C, and CPD DR Community
Development
Director
Liquor Store Beer,
Wine,
and Spirits
MU, C, CPD,
LI, and HI
CUP Planning
Commission
Tobacco Retail Tobacco
products
MU, C, CPD, LI,
and HI
MUP* Community
Development
Director
Smoking Lounge Tobacco
products
MU, C, CPD, LI,
and HI
CUP Planning
Commission
DR: Director's Review
CUP: Conditional Use Permit
MUP: Minor Use Permit
*A CUP may be required for tobacco retail establishments subject to director’s determination. (Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022) Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)
17.42.040 Distance requirements.
A. Establishments that require a conditional use permit for alcohol, and tobacco retail establishments that require a minor use permit or conditional use permit, shall adhere to the distance requirements as specified below:
Alcoholic Beverage and Tobacco Establishments
Type of Establishment Distance
Requirement
Religious Assembly 300'
Public/Private School (K-12) 1,000'
Day Care Center 300'
Residential Use or Residentially Designated Property 300' Existing Alcoholic Beverage Establishment 500'
Public Park 500'
Hospital 500'
B. Measurement of Distance. The distance requirement shall be measured in a straight line from the closest property line to the closest property line.
(Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022)
17.42.050 Findings.
The approving authority shall approve an application only after the applicant substantiates required findings below. If the application requires a conditional use permit then it shall make the following findings as well as the findings required by Section 17.32.090.
A. That the proposed use will be located within a zone which permits alcoholic beverages or tobacco products to be sold, served, or given away for on-sale or off-sale consumption, as the case may be, upon obtaining a conditional use permit;
B. That the proposed use will not adversely affect nearby residents and facilities primarily devoted to use by children, families, and the general public, after giving consideration to the distance or proximity of the proposed alcoholic beverage or tobacco establishment to residential districts, schools (public or private), day care centers, public parks, playgrounds and other recreational facilities, churches or other places of religious worship, hospitals, clinics or other health care facilities; and C. That the proposed use serves the public convenience and necessity. (Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022)
17.42.060 Minor use permit.
A. Applicability. A minor use permit shall be filed subject to the uses and requirements table in Section
17.42.030.
B. Project Notice. A notice for a minor use 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;
Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)
2. All owners of property located within a five-hundred-foot radius of the exterior boundaries of the subject site, as shown on the county's last equalized assessment roll. 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.
C. Reviewing Authority. The development services director is the decision maker that approves or denies an application. The community development director may refer an application to planning commission and/or city council for a decision on the application.
D. Conditions of Approval. In approving a minor use permit, the approving authority may impose such conditions as deemed necessary to ensure that the minor use permit will accordance with the findings.
E. A CUP may be required for tobacco retail establishments in place of a MUP, if the Director determines that one or more of the following circumstances exist on the subject property:
1. Oversaturation of similar uses,
2. Significant crime and/or safety concerns, and
3. Unpermitted conditions, overdue fees to the COL or other agencies, and/or criminal history of those related to the project.
(Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022)
17.42.070 Conditions of approval for on-sale alcoholic beverage establishments.
Establishments engaged in the retail sale of alcoholic beverages for on-premises consumption shall be operated in a manner which does not interfere with the normal use of adjacent properties. In addition to those conditions which the planning commission, or the city council on appeal, may otherwise impose, all conditional use permits for on-sale beverage establishments shall be subject to the following conditions of approval:
A. The exterior of the premises shall be kept free of litter.
B. Graffiti shall be removed from the site within 72 hours.
C. Alcoholic beverages shall not be permitted to be consumed in the parking area or other exterior areas of the premises, except for designated outdoor areas approved as part of the application.
D. Exterior lighting of the parking area shall be kept at an intensity of between one and 2 foot-candles, so as to provide adequate lighting for patrons while not disturbing surrounding residential or commercial areas. Light sources shall be screened from the adjacent properties and from the sky.
E. Adequate security measures shall be provided as specified by the planning commission including, but not limited to, retaining trained staff and security personnel and providing security devices, such as surveillance or burglar alarm systems.
F. Hours of operation, including deliveries to the proposed establishment, shall be compatible with the need and character of the surrounding neighborhood. In order to protect the public health, safety and welfare, the planning commission may limit the hours of operation.
G. All employees who serve or sell alcoholic beverages shall successfully complete a responsible beverage service training program that meets the requirements of the state ABC within 90 days of hire. Records Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)
of such training shall be maintained on the premises and made available to city or county sheriff's personnel upon request.
H. Noise levels at the property line of any sensitive use as listed in Section 17.24.040 adjoining the site of the alcoholic beverage establishment shall not exceed 65 dBA.
I. The management of any establishment selling alcohol shall take necessary steps to assure the orderly conduct of employees, patrons and visitors on the premises, and to assure timely response to concerns of neighbors and local officials about problems related to alcohol sales and service at the establishment.
J. The owner of the establishment shall maintain all required permits and/or licenses for the sale of alcoholic beverages in good standing.
K. The establishment shall conspicuously post an interior sign stating:
"We ID everyone under 30 years of age for alcohol sales." The language of such sign shall be English, as well as the predominant language of the establishment's clientele.
(Ord. No. 1015, § 1, 12-13-2016)
17.42.080 Conditions of approval for off-sale alcoholic beverage establishments.
Establishments engaged in the retail sale of alcoholic beverages for off-premises consumption shall operate in a manner which does not interfere with the normal use of adjacent properties. In addition to those conditions which the planning commission, or the city council on appeal, may otherwise impose, all conditional use permits for off-sale alcoholic beverage establishment shall be subjected to the following mandatory conditions of approval:
A. The exterior of the premises shall be kept free of litter.
B. Graffiti shall be removed from the site within 72 hours.
C. The sale of alcoholic beverages for consumption on premises shall be prohibited and appropriate posting of signs stating that drinking on the premises is prohibited by law shall be posted both inside and outside the establishment. The premises shall include the establishment proper and/or the appurtenant common area if located in a commercial center.
D. Exterior lighting of the parking area shall be kept at an intensity of between one and 2 foot-candles, so as to provide adequate lighting for patrons while not disturbing surrounding residential or commercial areas. Light sources shall be screened from the adjacent properties and from the sky.
E. Adequate security measures shall be provided as specified by the planning commission including, but not limited to, retaining trained staff and security personnel and providing security devices, such as surveillance or burglar alarm systems.
F. Hours of operation, including deliveries to the proposed establishment, shall be compatible with the need and character of the surrounding neighborhood. In order to protect the public health, safety and welfare, the planning commission may limit the hours or operation.
G. All employees who serve or sell alcoholic beverages shall successfully complete a responsible beverage service training program that meets the requirements of the California Department of Alcohol Beverage Control within 90 days of hire. Records of such training shall be maintained on the premises and made available to the city or the county sheriff's department personnel upon request.
H. Noise levels at the property line of any sensitive use as listed in Section 17.42.040 adjoining the site of the alcoholic beverage establishment shall not exceed 65 dBA.
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(Supp. No. 10-24, Upd 1)
I. Exterior public telephones that permit incoming calls may not be located on the premises.
J. The operation of video or any other electronic games may be prohibited in conjunction with the sale of alcoholic beverages, and will be considered on a case by case basis.
K. The planning commission may restrict alcoholic beverages sales by container size and type where such restriction is determined to be necessary for the reasonable protection of public health and safety.
L. No beer or wine shall be displayed within 5 feet of the cash register or the front door unless it is in a permanently affixed cooler.
M. No sale of alcoholic beverages shall be made from a drive-through or walk-up window.
N. No display or sale of beer or wine shall be made from an ice tub.
O. No self-illuminated or "in-motion" advertising for beer or wine shall be located on buildings or windows, or be visible from outside the building.
P. If the establishment also engages in the sale of motor vehicle fuel, no advertisement of alcoholic beverages shall be displayed at motor fuel islands.
(Ord. No. 1015, § 1, 12-13-2016)
17.42.090 Conditions of approval for on-sale or off-sale tobacco establishments.
Establishments engaged in the retail sale of tobacco products for on- or off-premises consumption shall operate in a manner which does not interfere with the normal use of adjacent properties. In addition to those conditions which the planning commission, or the city council on appeal, may otherwise impose, all conditional use permits for on- or off-sale tobacco retail establishment shall be subjected to the following mandatory conditions of approval:
A. The exterior of the premises shall be kept free of litter.
B. Graffiti shall be removed from the site within 72 hours.
C. For tobacco retail uses, the sale of tobacco products for consumption on premises shall be prohibited.
The premises shall include the establishment proper and/or the appurtenant common area if located in a commercial center.
D. Exterior lighting of the parking area shall be kept at an intensity of between one and 2 foot-candles, so as to provide adequate lighting for patrons while not disturbing surrounding residential or commercial areas. Light sources shall be screened from the adjacent properties and from the sky.
E. Adequate security measures shall be provided as specified by the planning commission including, but not limited to, retaining trained staff and security personnel and providing security devices, such as surveillance or burglar alarm systems.
F. Hours of operation, including deliveries to the proposed establishment, shall be compatible with the need and character of the surrounding neighborhood. In order to protect the public health, safety and welfare, the planning commission may limit the hours or operation.
G. Noise levels at the property line of any sensitive use as listed in Section 17.42.040 adjoining the site of the tobacco retail establishment shall not exceed 65 dBA.
H. Exterior public telephones that permit incoming calls may not be located on the premises.
I. The operation of video or any other electronic games may be prohibited in conjunction with the sale of tobacco products, and will be considered on a case by case basis.
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(Supp. No. 10-24, Upd 1)
J. The planning commission may restrict tobacco sales by container size and type where such restriction is determined to be necessary for the reasonable protection of public health and safety.
K. No sale of tobacco products shall be made from a drive-through or walk-up window.
L. No self-illuminated or "in-motion" advertising for tobacco products shall be located on buildings or windows, or be visible from outside the building.
17.42.100 Exceptions—Specific plan areas.
The requirements of this chapter shall not apply to areas of the city for which a specific plan has been adopted pursuant to Section 65450 of the Government Code of the state of California if the adopted specific plan contains regulations regarding alcoholic beverage or tobacco establishments. (Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022)
17.42.110 Existing deemed approved establishments selling alcoholic beverages or tobacco products.
Any establishment lawfully existing prior to the effective date of this chapter and licensed by the state for the retail sale of alcoholic beverages or tobacco products for on-sale or off-sale consumption shall be considered to have a "deemed approved" status and shall only be required to obtain the necessary permits for a "substantial change in mode or character of operation" as described in Section 17.42.020, or for a revocation or expiration of "deemed approved" status as set forth in Section 17.42.130. The distance requirements set forth in Section
17.42.040 shall not apply to any existing deemed approved alcoholic beverage or tobacco establishment. (Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022)
17.42.120 Performance standards; public nuisance.
A. The operator of an alcoholic beverage or tobacco establishment, whether operating with a "deemed approved" status or pursuant to a conditional use permit, minor use permit or director's review shall use and maintain the premises and conduct the business in a manner that comports with all applicable local, state and federal law, including but not limited to, the California Business and Professions Code, the Lancaster Property Maintenance ordinance (codified at Chapter 8.28), and the Lancaster Zoning ordinance (codified at Title 17).
Lawful property maintenance and business operations shall include, but are not limited to, the following:
1. The premises shall be maintained without the presence of garbage, junk, trash, debris or other miscellaneous items in exterior areas except in approved trash collection containers/enclosures.
2. The premises, including any surface of a structure, sidewalk, curb, ground surface, vehicle, tree, shrub, rock or other tangible item that is visible from publicly or privately owned real or personal property, shall be maintained free of graffiti. All graffiti shall be removed within 72 hours from the operator's first observation of graffiti or receipt of verbal or written notification of such graffiti by any enforcing officer as defined in this chapter.
3. The premises shall be maintained with all signage required by applicable state and local law, including but not limited to signs prohibiting loitering, public drinking and/or the presence of open alcoholic beverage containers on the premises.
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4. The establishment shall be maintained in such a manner that signs, refrigerator cases, promotional displays, equipment and/or any other items do not obstruct the view of the interior of the establishment from the parking lot and public street or other right-of- way.
5. The premises shall be maintained without the presence of exterior public telephones. Any existing public telephone shall be removed within 30 calendar days from the effective date of the ordinance from which this chapter is derived.
6. The operator of the establishment shall maintain a current and valid city business license and shall conduct business in full accordance with any and all conditions imposed thereon.
7. The operator shall not sell, furnish, give or permit the sale, furnishing or giving of an alcoholic beverage to an obviously intoxicated person or to a habitual or common drunkard.
8. The operator shall not sell, furnish, give or permit the sale, furnishing or giving of an alcoholic beverage to any person under 21 years of age, or knowingly allow such person to consume alcoholic beverages on the premises.
9. The operator shall not cause, allow or permit nuisance and other unlawful activities on the premises, including, but not limited to:
a. Loitering;
b. Drinking alcoholic beverages and/or possessing open alcoholic beverage containers in exterior portions of the premises, other than in a designated patio or other area approved by the department of alcoholic beverage control and/or the city in conjunction with an on-sale establishment;
c. Littering;
d. Creating excessive noise;
e. Disturbing the peace;
f. Engaging in illegal drug activity or prostitution;
g. Trafficking in stolen goods;
h. Harassing passersby or business patrons;
i. Panhandling;
j. Engaging in acts of vandalism;
k. Otherwise engaging in conduct that is unlawful and/or constitutes a nuisance.
10. The operator shall take all reasonable steps to ensure the conditions and activities on the property on which the alcoholic beverage or tobacco establishment is located do not constitute a public nuisance.
For purposes of this chapter, "reasonable steps" includes, without limitation, the following:
a. Requesting those persons engaging in conduct that constitutes a nuisance to cease that conduct, unless the operator has reasonable cause to believe such request may jeopardize his or her personal safety.
b. Calling the city's law enforcement and/or public safety personnel if the operator's attempts to abate the nuisance conduct have been unavailing or if the operator has reasonable cause to believe such attempts may jeopardize his or her personal safety. c. Timely undertaking actions to address conditions that facilitate loitering and other nuisance activity on the premises, such as removing furniture from areas adjacent to the entry of the Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)
establishment, prohibiting persons from using any portion of the premises for the installation and/or operation of a temporary business or other use, and/or other preventive actions.
B. The city council finds and declares that it is unlawful and a public nuisance for a person to use or maintain, or to permit the use or maintenance of, property on which an alcoholic beverage or tobacco establishment is located, or to conduct the business or permit the business to be conducted in a manner that is contrary to the requirements set forth in this Section 17.42.110, any city or state permits, licenses and/or approvals, and/or all other applicable sections of this Code, state or federal law or regulation, or that otherwise poses a threat to public health, safety and welfare.
C. An operator shall be deemed responsible for the act or omission of any on-site manager and/or employee who uses or maintains, or permits the use or maintenance of, property on which an alcoholic beverage or tobacco establishment is located, or who conducts the business or permit the business to be conducted, in violation of this chapter.
D. Upon the sale or transfer of ownership of an alcoholic beverage or tobacco establishment to a bona fide third party, previous findings of public nuisance uses, conditions and activities before such sale or transfer of ownership shall not be imputed to the new owner, unless the city determines that the sale or transfer of ownership is not to a bona fide third party.
(Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022)
17.42.130 Conditional use permit, minor use permit and director's review: Expiration, modification, revocation.
A. A conditional use permit, minor use permit, director's review for an alcoholic beverage or tobacco establishment shall lapse if the use is discontinued for 90 consecutive days, or if the establishment's alcoholic beverage control license has been revoked or transferred to another location.
B. A conditional use permit, minor use permit, or director's review is subject to modification at any time if the appropriate approving authority makes a determination that changed circumstances or unanticipated effects concerning the operation of the business establishment necessitate that conditions be added, amended or deleted.
C. A conditional use permit, minor use permit or director's review for an alcoholic beverage or tobacco establishment is subject to revocation if the operator has used or maintained, or permitted the use or maintenance of, the premises on which the establishment is located and/or has operated or permitted the operation of the business in violation of any condition imposed pursuant to the permit, or in violation of the performance standards set forth in Section 17.42.110, or otherwise in a manner that constitutes a public nuisance and/or a threat to public health, safety and welfare. The appropriate approving authority shall set a public hearing to consider such revocation of said permit in accordance with the applicable provisions of this Code. A decision of approving authority pursuant to this section shall be appealable to the city council in accordance with Chapter 17.36.
1. An administrative citation issued pursuant to Section 17.42.160 that has been deemed final and binding may be used as prima facie evidence of unlawful public nuisance activities and/or conditions in any subsequent revocation proceeding.
(Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022) Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)
17.42.140 Deemed approved status: Expiration, revocation.
A. The "deemed approved" status of an alcoholic beverage or tobacco establishment shall expire if the use is discontinued for 90 consecutive days.
B. The "deemed approved" status of an alcoholic beverage or tobacco establishment is subject to revocation if the operator has used or maintained, or permitted the use or maintenance of, the premises on which the establishment is located and/or has operated or permitted the operation of the business in violation of the performance standards set forth in Section 17.42.110 or otherwise in a manner that constitutes a public nuisance and/or a threat to public health, safety and welfare. The approving authority shall set a public hearing to consider such revocation of said deemed approved status in accordance with the applicable provisions of this Code. A decision of the approving authority decision pursuant to this section shall be appealable to the city council in accordance with Chapter 17.36.
1. An administrative citation issued pursuant to Section 17.42.160 that has been deemed final and binding may be used as prima facie evidence of unlawful public nuisance activities and/or conditions in any subsequent revocation proceeding.
C. An alcoholic beverage or tobacco establishment whose "deemed approved" status has expired or been revoked shall be prohibited from engaging in the sales of alcoholic beverages or tobacco products without first obtaining a permit. In the event the planning commission or city council makes the determination that a permit shall be granted, said alcoholic beverage or tobacco establishment shall be subject to the conditions of approval.
(Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022)
17.42.150 Temporary alcohol sales.
Any event sponsor or applicant that anticipates a temporary event with alcohol sales shall obtain a temporary use permit. The application is to be filed with the planning department at least 60 days in advance of the event.
The event sponsor is the entity determined by the city to be liable for protecting public health and safety of event participants (those who attend the event), of event operators (those who create and execute the event), and of all others affected by the actions of event participants and event operators.
A. The planning director shall review and approve requests for temporary alcohol sales through a director's review application.
B. Conditions for a director's review for a temporary sales:
1. The applicant shall obtain property owner's authorization.
2. The applicant shall obtain a business license and any other permits applicable for the event.
3. The applicant shall submit a site plan showing the event, location of parking area(s), lighting (if any), and areas that alcohol is to be sold.
4. The applicant shall have control over points of access to the location where alcoholic beverages are dispensed and consumed.
5. The applicant shall have control and containment of individuals who consume alcoholic beverages.
6. The county sheriff's department shall review the application to determine the number of deputies required for security of the event based on the type and size of the event.
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7. All alcoholic beverage servers shall have in their possession proof of completing "responsible beverage service" training from the state ABC.
8. A temporary alcoholic beverage control license is required for the duration of this event. A copy of the temporary license is to be submitted to the planning director prior to the start of the event.
9. The applicant shall specify the hours of operation of the event and the hours of sale of alcoholic beverages.
10. The applicant shall provide liability insurance in the amount determined by the city attorney based on the size and type of the event naming the city as additionally insured.
11. The site shall be restored to the original condition. Site shall be free of debris, all trash receptacles removed, temporary fencing removed, and all disturbed asphalt shall be restored to the original condition. Disturbed landscape areas are also to be restored to the original condition.
The applicant shall be financially responsible for any damage to the parking lot surface and landscape areas resulting from the event.
12. The planning director may require a cash deposit to ensure compliance with the conditions of approval.
13. The planning director may impose any additional conditions determined necessary to protect the public health, safety, and welfare.
C. Approval of a special event permit pursuant to Chapter 9.40 shall be deemed as compliance with the requirements of this section.
(Ord. No. 1015, § 1, 12-13-2016)
17.42.160 Violation, penalty, remedies.
A. Violations of this chapter shall constitute a misdemeanor and shall be punishable in the manner provided in Section 1.12.020A.
B. In addition to or in lieu of prosecution in a criminal action, the city attorney may initiate civil proceedings for the abatement, removal and enjoinment of any public nuisance as set forth in this chapter, in any manner provided by law, and shall take such other steps, and shall apply to such other court or courts as may have jurisdiction to grant such relief as will abate or remove such alcoholic beverage or tobacco establishments, and restrain and enjoin any person from using property contrary to the provisions of this chapter.
C. In addition to or in lieu of any administrative, civil or criminal remedies set forth in this chapter, the administrative citation provisions of Section 17.42.160 may be utilized to abate or cause the abatement of uses, conditions and/or activities that constitute a nuisance pursuant to Section 17.42.110.
D. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
(Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022)
17.42.170 Administrative citations.
A. Any enforcing officer may issue an administrative citation to a responsible person when the officer has determined, through personal observation or after undertaking standard law enforcement investigatory actions, that the person has used or maintained, or permitted the use or maintenance or property on which an alcoholic beverage or tobacco establishment is located, and/or who has operation or permitted the Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)
operation of the business, in a manner that constitutes a public nuisance pursuant to Section 17.42.110. An officer shall not issue an administrative citation to a responsible person when the officer has determined, based on the totality of the circumstances, that said person has taken all reasonable steps to attempt to prevent the nuisance.
1. A responsible person who is present at the property at the time an officer determines the existence of a public nuisance shall be deemed to have actual or constructive knowledge of such nuisance.
2. An owner of the property on which the alcoholic beverage or tobacco establishment is located, who is not also an operator of the business, may be deemed by an enforcing officer to have actual or constructive knowledge of the nuisance use, condition or activity:
a. If such person has previously been given verbal warning and/or an administrative citation or other written notice concerning the violations; or
b. Based on the totality of the circumstances as determined by the enforcing officer.
B. Within 5 days after issuance of a citation, an officer shall submit a copy of the citation and a written statement of facts to the city manager. Alternatively, the officer may elect to submit the written statement of facts to the city manager, who may then issue the citation.
C. An administrative citation may be personally given to the responsible person, or the responsible person may be served by first class mail to an address which is either:
a. Indicated on any form of identification presented to the officer, or b. Discovered by the officer during the course of his or her standard law enforcement investigatory actions.
The date a citation is placed in a U.S. Postal Service mail receptacle shall be the date of service. A declaration of service shall be made by the person mailing the administrative citation showing the date and manner of service by mail and reciting the name and address of the citation addressee. Failure of any responsible person to receive an administrative citation by mail shall not invalidate any citation issued pursuant to this chapter.
D. The citation shall be in a city-approved format, and shall include the following information:
1. The date, location and approximate time of the condition and/or activity that constituted a public nuisance pursuant to Section 17.42.110;
2. A brief description of the condition and/or activity that constituted a public nuisance;
3. A statement describing the right to appeal the citation;
4. A statement advising that the fine shall be paid to the city within 30 days from the date of the administrative citation, procedure for payment, and the consequences of failure to pay.
E. The penalty amounts of administrative citations issued pursuant to this chapter shall be as follows:
1. For the first administrative citation, the penalty shall be $500.00;
2. For the second and any subsequent administrative citation, the penalty shall be $1,000.00.
F. The failure of any person to pay a penalty assessed by administrative citation within the time specified on the citation constitutes a debt to the city, which may be collected in accordance with Chapter 1.16 or in any other manner allowable by law.
(Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022) Created: 2024-08-22 08:37:14 [EST]
(Supp. No. 10-24, Upd 1)
17.42.180 Initial review of administrative citation or ability to pay.
A. Request for initial review of administrative citation.
1. A person who has been issued an administrative citation pursuant to this chapter may request an initial review of the citation by the city. The request shall be made in writing and shall state the reason(s) that the citation should be dismissed. The requestor shall include a copy of all pertinent evidence. The request must include a mailing address and, if available, an email address to which correspondence related to the request may be sent. The written request for an initial review must be received by the city clerk's office within 14 calendar days from the date of the citation's issuance. No fee shall be required for filing the request for an initial review. Failure of the city clerk to receive a timely request for an initial review constitutes a waiver of the right to contest the administrative citation; in this event, the citation is final and binding, and payment shall be due within 30 calendar days from the date of the citation's issuance.
2. Upon timely receipt of a written request for an initial review of the administrative citation, the public services director, development services director, or person designated by either director to act as reviewing officer, shall conduct an initial review of the administrative citation, the written incident report or statement of facts, and the request for review and all evidence submitted with the request.
The reviewing officer shall assess whether the evidence shows that the violation occurred and if any extenuating circumstances exist that warrant dismissal, and shall make a decision to preliminarily uphold or dismiss the citation. The reviewing officer shall notify the cited person of the decision in writing by mail and/or email within 90 calendar days from the date of receipt of the request for initial review; provided, however, that the public safety director or development services director may extend the ninety-day deadline upon a finding of good cause.
B. Initial review of ability to pay.
1. A cited person, regardless of whether he/she wishes to challenge the citation who believes he/she is unable to pay, may request an initial review of the person's ability to pay. In addition to the written request for review based on ability to pay, a statement of financial worth shall be submitted. The request must include a mailing address and, if available, an email address to which correspondence related to the request may be sent. The written request for an initial review must be received by the city clerk's office within 14 calendar days from the date of the citation's issuance. No fee shall be required for filing the request for an initial review. Failure of the city clerk to receive a timely request for an initial review constitutes a waiver of the right to challenge the ability to pay. In this event, the citation is final and binding, and payment shall be due within 30 calendar days from the date of the citation's issuance; provided, however, that if the cited person timely filed a request for review of the administrative citation, the payment of the citation will be due in accordance with the outcome of that initial review and any subsequent proceedings.
2. The statement of financial worth form shall include information relating to the cited person's employer, real and tangible personal property, monthly income including federal and/or state benefits, and all monthly financial obligations. The cited person shall certify the content of the statement as to its truth and correctness under penalty of perjury. The cited person shall also sign a release form of that person's most recent federal income tax report.
3. The reviewer, in conference with the director, shall make a determination of whether or not the cited person has the ability to pay the full deposit to appeal an administrative citation based on the information provided in the statement of financial worth, and shall notify the cited person in writing by mail and/or email within 90 calendar days from the date of receipt of the request for initial review; provided, however, that the public safety director or development services director may extend the ninety-day deadline upon a finding of good cause.
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(Supp. No. 10-24, Upd 1)
4. A person who requested an initial review solely on the basis of ability to pay, for whom the determination has been made that the person has the financial ability to pay the full amount of the citation in one payment, shall submit payment of the full amount of the citation within 30 calendar days from the date of the notice of determination of ability to pay.
5. A person for whom the determination has been made that the person does not have the ability to pay the full amount of the citation in one payment, shall, no later than 14 calendar days from the date of the determination, coordinate with the department to establish a payment plan whereby the cited person shall make timely monthly payments until the citation has been paid in full. (Ord. No. 1079(b), § 3(Exh. C), 2-23-2021; Ord. No. 1093, § 4(Exh. A), 10-11-2022) Editor's note(s)—Ord. No. 1079(b), § 3(Exh. C), adopted Feb. 23, 2021, repealed the former § 17.42.170, and enacted a new § 17.42.170 as set out herein. The former § 17.42.170 pertained to right of appeal from an administrative citation and derived from Ord. No. 1015, § 1, adopted Dec. 13, 2016.
17.42.190 Administrative hearing.
A. A person whose initial review of an administrative citation has resulted in the citation being upheld pursuant to this chapter may contest the citation by filing a written appeal on a city- approved form to the city clerk within 14 calendar days from the date of the issuance of the written statement of the results of the initial review. The basis for the appeal must be specified in detail on the appeal form. The appeal form must include a mailing address and, if available, an email address to which correspondence related to the request may be sent. Failure of the city clerk to receive a timely appeal constitutes a waiver of the right to contest a citation; in this event, the citation is final and binding.
B. A deposit in the amount of the citation must be paid at the time the appeal is filed. A person for whom a determination has been made that the person is unable to pay the full amount of the citation in one payment as set forth in section 17.42.170 B.(5) of this chapter shall tender the first payment of the payment plan established pursuant to that subsection.
C. As soon as practicable after a timely appeal is filed, the city manager or his/her designee shall fix a date, time and place for a hearing. The hearing shall be conducted by an independent and impartial hearing officer.
Written notice of the time and place for the hearing shall be served by first class mail and/or email at least 10 calendar days prior to the date of the hearing.
D. An appellant may request, in writing, that the director reschedule the hearing if the request is made at least 24 hours prior to the hearing. The director shall grant one continuance of the hearing date.
E. Failure of an appellant to appear at the scheduled hearing shall constitute the appellant's waiver of the right to appeal and a forfeiture of the citation amount deposited at the time the appeal was filed.
F. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish, by a preponderance of evidence, that the appellant committed the offense that was the basis for the citation. The officer issuing the administrative citation and/or submitting the written incident report or statement of facts shall not be required to appear at the hearing. The hearing officer shall accept testimony by declaration under penalty of perjury relating to the commission of the offense, as set forth in the issuing officer's incident report or statement of facts, and shall consider any other relevant evidence concerning the commission of the offense that the public safety director or development services director or his/her designee may present at the hearing. The hearing officer shall also take the testimony of the appellant, and/or his or her witnesses, will consider any other credible relevant rebuttal evidence the appellant may wish to present. The appellant may represent himself or herself or be represented by anyone of his or her choice, including counsel, at his or her sole expense. The appellant may bring an interpreter to the hearing at his or her sole expense.
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(Supp. No. 10-24, Upd 1)
G. The hearing officer shall make findings based on the record of the hearing, and shall prepare a written decision, based on those findings, to uphold or dismiss the citation. A hearing officer may uphold the citation but modify the penalty amount if extenuating circumstances warrant a modification in the interest of justice.
A copy of the written decision shall be served on the appellant by first class mail within 14 days after the hearing. If the citation is dismissed, the city shall refund the amount of the citation deposit to the appellant within 30 days from the date of the decision.
H. The decision of the hearing officer is final and conclusive, subject only to review by the superior court in accordance with the time limits set forth in Code of Civil Procedure Section 1094.6. (Ord. No. 1079(b), § 3(Exh. C), 2-23-2021; Ord. No. 1093, § 4(Exh. A), 10-11-2022) Editor's note(s)—Ord. No. 1079(b), § 3(Exh. C), adopted Feb. 23, 2021, repealed the former § 17.42.180, and enacted a new § 17.42.180 as set out herein. The former § 17.42.180 pertained to severability and derived from Ord. No. 1015, § 1, adopted Dec. 13, 2016.
17.42.200 Community service in lieu of payment of penalty.
A. As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service. The amount of the citation shall be reduced for each hour of community service at a rate in accordance with the state's minimum wage in effect at the time the community service is performed.
B. In the event a person who has enrolled in community service fails or refuses to perform the community service in a timely and appropriate manner, as provided in any applicable rules, regulations, policies and procedures, the city may cancel the community service agreement and collect any unpaid balance of the administrative citation in any manner authorized by law. (Ord. No. 1079(b), § 3(Exh. C), 2-23-2021; Ord. No. 1093, § 4(Exh. A), 10-11-2022)
17.42.210 Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. (Ord. No. 1079(b), § 3(Exh. C), 2-23-2021; Ord. No. 1093, § 4(Exh. A), 10-11-2022) Chapter 17.43 COMMERCIAL CANNABIS ACTIVITY7
7 Editor's note(s)—Ord. No. 1083, § 1(Exh. A), adopted May 11, 2021, repealed the former Ch. 17.43, §§
17.43.010—17.43.170, and enacted a new Ch. 17.43 as set out herein. The former Ch. 17.43 pertained to similar subject matter and derived from Ord. No. 1053, § 1, 12-11-2018.
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17.43.010 Purpose.
A. The purpose of this chapter is to regulate all "commercial cannabis activity" in the city, as that term is defined in Section 26001(k) of the Business and Professions Code, to the extent authorized by state law and in a manner designed to minimize negative impacts on the city and neighboring uses, and promote the health, safety, morals, and general welfare of residents and businesses within the city. The purpose of this chapter is also to align the city's regulation of commercial cannabis activity with applicable state law and to regulate the types of commercial cannabis activity permitted under state law. This chapter is enacted specifically in response to the state laws that permit commercial cannabis activity and the objective of this chapter is to minimize its negative impacts.
B. This chapter is further adopted and established pursuant to the specific authority granted to the city in Section 7 of Article XI of the California Constitution and Division 10 of the Business and Professions Code.
This chapter, together with chapter 5.56 and all other applicable law, shall govern all commercial cannabis activity that occurs within the city.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.020 Relationship to other laws.
In the event of a conflict between the provisions of this chapter and the provisions of any other applicable state or local law, the more restrictive provision shall control. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.030 Definitions.
A. The following terms shall be defined as follows:
"Adult-use" or "adult-use cannabis" means cannabis or cannabis product that is used or intended to be used by adults who are over twenty-one (21) years of age and who do not possess a physician's recommendation for medicinal cannabis.
"Applicant" means a person applying for a city commercial cannabis license. "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salts, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtain from cannabis. For the purpose of this chapter, "cannabis" does not mean industrial hemp as that term is defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code. "Cannabis concentrate" means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this chapter.
"Cannabis cultivation facility" means a facility wherein cannabis is propagated, planted, grown, harvested, dried, processed, stored, cured, graded, labeled, tagged for tracking or trimmed, or that does all or any combination of those activities. For purposes of this chapter, "cultivation facility" also means and includes standalone nurseries and processing facilities. "Cannabis dispensary" or "dispensary" means a premises where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale.
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"Cannabis distribution facility" means any facility or location where the primary purpose is the procurement, sale, and transport of cannabis and cannabis products between licensed entities. "Cannabis facility" means collectively any cannabis cultivation, manufacturing, distribution or retail facility, as those terms are defined in this chapter. A "cannabis facility" may be comprised of: all structures located on a parcel operated by a single licensee; one or more buildings operated by a licensee on a parcel that contains other building(s) which are operated by other licensees; or a suite or unit within a building operated by a licensee that contains other suites or units operated by other licensees. For purposes of this chapter, "cannabis facility" and "facility" may be used interchangeably.
"Cannabis manufacturing facility" means a facility where the production of cannabis concentrate, or preparation, propagation, compounding and/or packaging of manufactured cannabis is conducted, either directly or indirectly or by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
"Cannabis product," means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. "Cannabis retail facility" means a building, or a suite or unit within a building, in which a licensed cannabis retailer or licensed microbusiness authorized to engage in retail sales displays, offers and/or sells cannabis, cannabis products, or devices for the use of cannabis or cannabis products, either individually or in any combination, for retail sale.
"Canopy" means the total combined indoor area for all locations on a property where cannabis is being cultivated, as measured by the horizontal extent of the plant or combination of plants at the widest point and measured in a straight line. This does not include aisles or walkways. "Cultivation" means any activity involving the propagation, planting, growing, harvesting, drying, curing, processing, storing, packaging, labeling, grading, or trimming of cannabis. "Delivery" means the commercial transfer of cannabis or cannabis products from a licensed retailer or licensed microbusiness authorized to engage in retail sales to a purchaser. "Delivery" also includes the use by a cannabis facility of any technology platform owned and controlled by the cannabis facility, that enables purchasers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products. "Delivery employee" means an individual employed by a licensed retailer or licensed microbusiness authorized to engage in retail sales who delivers cannabis goods from the licensed retailer or licensed microbusiness premises to a customer at a physical address. "Distribution" means the procurement, sale, and transport of cannabis and cannabis products between licensed cannabis business entities.
"Edible cannabis product" means manufactured cannabis that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food as defined by Section 109935 of the Health and Safety Code or a drug as defined by Section 109925 of the Health and Safety Code.
"Good cause" for purposes of denying, revoking, suspending, or refusing to renew or reinstate a license includes, but is not limited to, the following:
1. The licensee or applicant has violated any of the terms, conditions or provisions of this chapter, of state law, of any regulations and/or rules promulgated pursuant to state law, any applicable local rules and/or regulations, or any special terms or conditions placed upon its conditional use permit, state license, and/or city license;
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2. The licensed premises have been operated in a manner that adversely affects the public health, safety or welfare or the safety of the immediate neighborhood in which the establishment is located, causes adverse economic impacts, increased crime, increased incidence of communicable disease, increased demand on public safety resources and law enforcement personnel, decreased property values and/or an increase in the number of transients in the area;
3. The licensee or applicant has knowingly made false statements, misrepresentations or material omissions on an application form, renewal form, or any other document submitted to the city;
4. Issuance of the license would impair the health, safety or welfare of the public, cause negative impacts to property values, impair the city's ability to prevent crime associated with cannabis, and/or impair the city's ability to ensure that cannabis grown remains secure and does not find its way to minors or illicit markets.
5. The applicant or licensee's criminal history does not indicate that the applicant or licensee is of good moral character; or the applicant or licensee has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, or that otherwise indicates that his or her operation of a cannabis facility would pose a hazard to public health and safety;
6. The licensee or applicant is employing or being financed in whole or in part by any person whose criminal history indicates that person is not of good moral character or that otherwise indicates his/her financial interest in a cannabis facility will pose a hazard to public health and safety;
7. The applicant or licensee has failed or refused to allow city officials to inspect security recordings, activity logs, or business records, of the licensed premises;
8. The licensee has failed to adequately reconcile its inventory, such that shortages in its cannabis and/or cannabis product cannot be accounted for in the paper and/or electronic inventory tracking system(s);
9. The applicant or licensee has failed to pay any and all cannabis fees, surcharges, and/or fully adjudicated administrative citations;
10. The applicant or licensee has had a primary or tenant license revoked or has had more than one suspension on its primary or tenant license by the city; or
11. The applicant or licensee operated a cannabis business in violation of this chapter, chapter 5.56, or any other applicable state or local law.
"Indoor cultivation" means the cultivation of cannabis within a permanent structure using exclusively artificial light or within any type of structure using artificial light at a rate above twenty-five watts per square foot. "Legal parcel" means a parcel of land for which one legal title exists. Where contiguous legal parcels are under common ownership or control, such legal parcels may at the option of the property owner be counted as a single parcel for purposes of this chapter.
"Licensee" means a person who has been issued a city license to conduct commercial cannabis activity on premises for which a conditional use permit has been approved. "Manufacturer" means a person that conducts the production, preparation, propagation, or compounding of manufactured cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container. "Medicinal cannabis" or "medicinal cannabis product" means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Section 11362.5 of the Health and Safety Code) by a medicinal cannabis patient in California who possesses a physician's recommendation. For purposes of this chapter, "medicinal" and "medical" may be used interchangeably.
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"Mixed-light cultivation" means the cultivation of mature cannabis in a greenhouse, hoophouse, glasshouse, conservatory, hothouse, or other similar structure using a combination of: (1) Natural light and light deprivation and one of the artificial lighting models listed below: (a) "Mixed-light Tier 1" without the use of artificial light or the use of artificial light at a rate above zero, but no more than six watts per square foot; (b) "Mixed-light Tier 2" the use of artificial light at a rate above six and below or equal to twenty-five watts per square foot; or (2) Natural light and one of the artificial lighting models listed below: (a) "Mixed-light Tier 1" the use of artificial light at a rate above zero, but no more than six watts per square foot; (b) "Mixed-light Tier 2" the use of artificial light at a rate above six and below or equal to twenty-five watts per square foot. "Nursery" means all activities associated with producing clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis. "Outdoor cultivation" means the cultivation of mature cannabis without the use of artificial lighting or light deprivation in the canopy area at any point in time. Artificial lighting is permissible only to maintain immature plants outside the canopy area.
"Person," as used in this chapter, means and includes any individual, partnership or any kind, corporation, limited liability company, association, joint venture or other organization or entity, however formed. "Process" or "Processing" mean all activities associated with the drying, curing, grading, trimming, rolling, storing, packaging, and labeling of cannabis or nonmanufactured cannabis products. "Responsible person" means any person, whether as a licensee, property owner, lessee, employee, agent, or otherwise, that allows, causes, creates, maintains, or permits any violation of this chapter, chapter 17.43, or applicable state or local cannabis law or regulation, to exist or continue, by any act or the omission of any act or duty. The actions or inactions of a responsible person's employee, agent, representative or contractor may be attributed to that responsible person.
"State law(s)" shall mean and include California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 through 11362.83 (Medical Cannabis Program Act); California Business and Professions Code Sections 26000 through 26231.2 (Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA")), and all other applicable laws of the state of California. "State license," "license," or "registration" means a state license issued pursuant to MAUCRSA. "State licensing authority" shall mean the Bureau of Cannabis Control within the California Department of Consumer Affairs, the California Department of Public Health, the California Department of Food and Agriculture, or any other state agency responsible for the issuance, renewal, or reinstatement of a license issued under MAUCRSA or the agency authorized to take disciplinary action against such license. "Testing laboratory" has the same meaning as that term is defined by Section 26001(as) of the Business and Professions Code and shall mean a laboratory, facility or entity that offers or performs tests of cannabis or cannabis products and that is both of the following:
1. Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state;
2. Licensed by the bureau of cannabis control.
B. Words and phrases not specifically defined in this Code shall have the meaning ascribed to them as defined in the following sources:
1. The Compassionate Use Act of 1996 (California Health and Safety Code Section 11362.5);
2. The Medical Cannabis Program Act (California Health and Safety Code Sections 11362.7 through 11362.83); and
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3. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (California Business and Professions Code Sections 26000 through 26231.2) as may be amended from time to time. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.040 Permissible cannabis commercial activity; number of permissible facilities.
A. Subject to chapter 5.56 and all other applicable state and local laws and regulations, a person may conduct the following types of commercial cannabis activities subject to the requirements and restrictions set forth in this chapter:
1. Cultivation, including indoor cultivation, mixed-light cultivation, and stand-alone nurseries and processing facilities;
2. Manufacturing;
3. Distribution;
4. Retail sales;
5. Delivery, when originating from a retail facility within the city at a location for which a conditional use permit has been approved and whose owner possesses current and valid local and state licenses and permits;
6. Testing laboratories, accredited and licensed as required pursuant to MAUCRSA.
B. The maximum number of licenses issued by the city may be limited by written policy prepared and implemented by the city manager, said policy to be distributed to the City Council within ten (10) business days of its promulgation or amendment.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.045 Prohibited commercial cannabis activity.
It shall be unlawful to engage in commercial cannabis activity in the city except as provided in section
17.43.040 of this chapter.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.050 Cannabis facilities conditionally permitted.
Cannabis facilities, as defined herein, shall be conditionally permitted within the city, subject to the requirements of this chapter, chapter 5.56 and all other applicable state and local laws. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.060 License and conditional use permit required to operate.
A. Cannabis facilities shall only be permitted to operate in the city following application, investigation, verification, notice and public hearing, approval and issuance of both a license issued by the city in accordance with the criteria and procedures set forth in chapter 5.56 and a conditional use permit issued in accordance with the criteria and procedures set forth in this chapter and any policies, procedures and/or regulations promulgated by the city manager to implement the provisions of this chapter and chapter 5.56.
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(Supp. No. 10-24, Upd 1)
zoning clearance, or other land use authorization for a cannabis cultivation facility shall be granted, permitted or valid unless a conditional use permit is first obtained and issued under this chapter.
B. All persons who are engaged in or who are attempting to engage in cannabis commercial activity shall do so only in strict compliance with the terms, conditions, limitations and restrictions of chapter 5.56, this chapter and all other applicable state and local laws and regulations.
C. The city manager is authorized to make policies and procedures consistent with this chapter concerning the applications, the application process, the information required of applicants, the application procedures and the administration and procedures to be used and followed in the application and hearing process. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.070 Conditional use permit application process.
A. Prior to initiating operations and as a continuing requisite to operating a cannabis facility, the applicant shall obtain a conditional use permit under the terms and conditions set forth in this chapter. The applicant shall file an application for a conditional use permit with the city's development services department on the official form supplied by the city and shall pay the applicable application fee as established by resolution of the city council, as may be amended from time to time. The provisions of chapter 17.32 that govern conditional use permits generally shall apply to conditional use permits applied for and/or issued under this chapter; provided, however, that to the extent of any conflict or inconsistency between chapter 17.32 and this chapter, the provisions of this chapter shall control.
B. An application for a conditional use permit shall include the information and documents required by the applicable state licensing agency, the requirements as specified in the development review application checklist provided by the city, and shall also include at least the following information:
1. Environmental plan. An environmental plan indicating how cultivation, manufacturing, distribution and/or retail will be conducted in accordance with state and local laws related to hazardous material disposal, land conversion, grading, electricity usage, water usage, and agricultural discharges.
2. Emergency response plan. An emergency response plan which complies with this Code and the California Fire Code, and sets out standard operating procedures to be followed by all individuals in case of a fire, chemical release, chemical spill, or other emergency.
3. License. Proof that the applicant has been provisionally approved for a city license for the proposed facility.
4. Context aerial map. An aerial map stating the distances between the proposed cannabis facility and the nearest residence, school, park and church.
5. Address of cannabis facility. The address of the location of the proposed cannabis facility.
6. Site plan and floor plan. A site plan and floor plan of the proposed cannabis facility denoting all uses of areas of the cannabis facility, including any and all storage, employee areas, exterior lighting, restrooms, security cameras, areas of ingress and egress, signage, limited access areas, and restricted access areas.
7. Interior improvements. Plans and specifications for the interior of the proposed licensed premises if the building to be occupied is in existence at the time of the application. If the building is not in existence or alteration to the building is required at the time of the application, the applicant shall file a plot plan and a detailed sketch for the interior and shall further submit an architect's drawing of the building to be constructed or renovated.
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8. Owner and manager information. The name, address, telephone number and email of any person who is an owner, a manager and person responsible for the day-to-day operations of the proposed cannabis facility.
9. Property owner information and acknowledgement. The name, address, telephone number and email of the person that owns the real property upon which the proposed cannabis facility is to be operated.
In the event the applicant does not legally own the property, the application must be accompanied by a notarized acknowledgement from the person who owns the property that a cannabis facility will be operated on his or her property.
10. Operating plan. An operating plan for the proposed cannabis facility that includes at least the following information:
a. A description of the design of the proposed licensed premises evidencing that the design conforms to applicable local and state laws and regulations. b. A detailed description of the type of cultivation processes to be utilized, including, without limitation, all nutrients, chemicals and other materials. c. A detailed breakdown of square footages for each of the areas dedicated to the cultivation, manufacturing, storage, display and/or sale of cannabis and cannabis related items, as applicable. d. A specific description of the types of manufacturing products, activities, extraction and/or infusion methods, packaging, specific equipment to be utilized, whether and which volatile solvents will be used, and what percentage of the facility will be used for such activity. e. A description of the source of power (electric utility company, solar, diesel generators), the size of the electrical service or system, and the total demand to be placed on the system by all proposed uses on-site.
f. Verification of all water sources used by the proposed cannabis facility and verification that the proposed cannabis facility does not and will not utilize water that has been or is illegally diverted from any stream, creek, or river.
g. Evidence of compliance with all applicable environmental laws and regulations, including, without limitation, those pertaining to air and water quality. h. Any additional document(s) or information reasonably requested by the city.
11. Security plan. A security plan that, to the satisfaction of the city, addresses how the applicant intends to comply with and implement all requirements of this chapter, chapter 5.56 and the MAUCRSA, including, but not limited to, a description of how the security measures are sufficient to ensure the safety of on-site managers and employees, protect the proposed licensed premises from diversion and theft, and ensure that all buildings where cannabis is cultivated or stored and/or where cannabis products are manufactured, packaged and stored are secured sufficiently to prevent unauthorized entry.
12. Odor filtration system. Verification that the proposed cannabis facility will be equipped with an odor filtration system that meets the following requirements:
a. A cannabis facility shall install or provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the cannabis facility that is distinctive to its operation is not detected or detectable outside the cannabis facility, anywhere on adjacent property or public rights-of-way, on or about any exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for common use by tenants or the visiting public, or within any other unit located within the same building as the cannabis facility.
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b. For enforcement purposes, the standard for determining what constitutes an unlawful odor under this subsection shall be whether such an odor would be deemed offensive to a reasonable individual on an ongoing or periodic basis and personally detectable by city staff or law enforcement personnel.
13. Declaration. A statement in writing by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is true and correct.
14. Acknowledgement. Authorization for the city to seek verification of the information contained within the application.
15. Any such additional and further information as is deemed necessary by the city to administer this section or this chapter.
C. The city staff shall review, verify and investigate all information on the application and prepare a report for the planning commission incorporating the findings of such investigation and verification, including, but not limited to, the suitability of the proposed location, and the applicant's compliance with the requirements of this chapter, chapter 5.56 and all other applicable state and local laws and regulations. The applicant shall be solely responsible for the cost of any environmental report, study or other document determined by the city to be necessary in order to process the application. Upon the city's demand, the applicant shall deposit with the city the estimated cost of the environmental report, study or other document determined by the city to be required by applicable law.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.080 Grounds for denial of conditional use permit.
A. The planning commission shall not hold a public hearing on or approve any application for a conditional use permit to operate a cannabis facility unless the city has provisionally approved the applicant's license pursuant to chapter 5.56.
B. In addition to the findings set forth in section 17.32.090 of this Code, a conditional use permit shall only be granted subject to certain conditions to protect the health, safety and general welfare of the neighborhood or community, and subject to the following findings:
1. The cannabis facility as well as all operations as conducted therein, fully comply with all applicable environmental, building, electrical, zoning and fire codes, accessibility requirements of the Americans with Disability Act, and all other applicable local and state laws and regulations; and
2. The cannabis facility complies with and meets all operating criteria required pursuant to state laws, chapter 5.56 of this Code, any other applicable provisions of this Code, and any specific, additional operating procedures and measures as may be imposed as conditions of approval in the conditional use permit.
C. Following the public hearing, the planning commission shall deny an application for a conditional use permit upon making any of the following findings, which shall be made part of the record of the meeting/public hearing:
1. The findings required by section 17.32.090 or subsection B, above, for the granting of a conditional use permit cannot be made; or
2. Good cause, as defined in this chapter.
D. Based on the information set forth in the application, the staff report presented by city staff and testimony presented at the public hearing, the planning commission may impose reasonable terms and conditions on a Created: 2024-08-22 08:37:14 [EST]
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proposed cannabis facility in addition to those specified in and required to be included in every conditional use permit granted under this chapter.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.090 Transfer of ownership interest to a new owner, modification of licensed premises and other material changes.
In addition to any requirements in chapter 5.56 of this Code, the following requirements for change of ownership to a new owner, or modification of a cannabis facility apply.
A. Change of ownership interest to a new owner. A conditional use permit approved in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership interest in the cannabis facility in the same area, configuration, and manner as it was originally approved in compliance with this chapter. Notwithstanding anything in this Code to the contrary, a new owner of a facility may not commence operations at the premises until the transfer of ownership interest to a new owner has been approved by the city and the new owner has been issued a primary license.
B. Modification of licensed premises. A cannabis facility shall not make physical change, alteration, or modification that materially changes the facility from the plans approved by the city and/or planning commission without paying the fee established by resolution of the city council and obtaining director's review and approval, and complying with any new conditions of approval. Material changes shall comply with all current building and safety codes as determined by the fire chief and building official.
Material changes include, but are not limited to: a decrease in the number of security cameras, the relocation of any security camera included in the security plan approved pursuant to section 17.43.070, an increase or decrease in the total square footage of the licensed premises or the addition, sealing off, or relocation of a wall, common entryway, doorway, or other means of public ingress and/or egress.
The city may deny a requested material modification if, in its sole discretion, it determines that such modification poses or has the likelihood of posing a hazard to public health, safety or welfare, or will otherwise be detrimental to the neighboring community. Subject to director's review and approval, additional permissible commercial cannabis activities may be added to a parcel for which a cannabis conditional use permit has previously been approved.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.100 Appeals.
Any decision regarding the planning commission's or director's review approval, conditional approval, denial, or revocation or modification of a conditional use permit for a cannabis facility may be appealed to the city council in accordance with the provisions of chapter 2.44 of this Code. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.110 Permitted zones, distance and size requirements.
A. Permitted zones. Subject to the distance and other requirements of this chapter, a cannabis facility may only be located on a property within the light industrial (LI) zone, heavy industrial (HI) zone, or any adopted specific plan that permits industrial uses, and following the application for and granting of a conditional use permit in accordance with this chapter. In addition to the other required findings, the planning commission shall also consider whether approval of the proposed facility will violate the minimum requirements set forth in this section.
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B. Distance and size requirements.
1. No cannabis facility shall be located within six hundred (600) feet of the following:
a. A religious assembly;
b. A public or private school, college or university (excluding trade schools); c. A residential use or residentially designated property; e. A public park.
2. An applicant for a conditional use permit pursuant to this chapter may request, in conjunction with the conditional use permit, a waiver of the foregoing distance requirements; provided, however, that no waiver may be requested or shall be granted for mixed-light cultivation utilizing hoop-houses or similar soft-sided and/or temporary structures. In considering such request, the planning commission may approve a waiver if it makes the following findings:
a. The cannabis facility will serve a specific community need; and b. The distance waiver approved for the facility is not expected to result in an adverse effect on adjacent property, uses or residents.
3. All distances specified in this section shall be measured in a straight line, without regard to intervening structures or topography, from the nearest point of the building or structure in which the cannabis facility is, or will be located, to the nearest property line of the parcel where such use set forth in this subsection B is located.
4. All indoor cultivation/manufacture of cannabis shall occur in an enclosed locked structure that shall not exceed size limits set by state licensing/regulatory agencies. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.120 Confidentiality of information.
A. The city's review of information submitted or maintained pursuant to this chapter shall preserve the confidentiality of all information about applicants, licensees, owners, and employees, to the maximum extent consistent with state and local law. The city shall incur no liability for the inadvertent or negligent disclosure of such information. Disclosure of any applicant or licensee information to the city for purposes of this chapter shall not be deemed a waiver of confidentiality.
B. The city shall treat all financial information provided pursuant to this chapter as financial data in accordance with the California Public Records Act (California Government Code Section 6254(n)).
C. To the extent permitted by law, recordings from security cameras, as well as operating plans and security plans required by this chapter shall be confidential and shall not be subject to public inspection or disclosure except to authorized city employees.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.130 Limitations on city's liability.
To the fullest extent permitted by law, the city shall not assume any liability whatsoever, with respect to approving any conditional use permit pursuant to this chapter or the operation of any cannabis facility approved pursuant to this chapter. As a condition of approval of a conditional use permit as provided in this chapter, the applicant or its legal representative shall:
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A. Execute an agreement indemnifying the city from any claims, damages, etc., associated with the operation of the facility;
B. Agree to defend, at its sole expense and with counsel of the city's choice, any action against the city, its agents, officers, and/or employees related to the approval of a primary license; and C. Agree to reimburse the city for any court costs and attorney fees that the city may be required to pay as a result of any legal challenge related to the city's approval of a primary license.
D. Expressly acknowledge in writing that (i) the city incurs no liability whatsoever as a result of the city's issuance of a license pursuant to chapter 5.56, a conditional use permit pursuant to this chapter and/or approval of the security plan required by this chapter, (ii) the applicant is aware that engaging in commercial cannabis activity may violate federal law, including, without limitation, the Controlled Substances Act, 21 U.S.C. § 801 et seq., and the applicant assumes all liability for such violation. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.140 Inspections.
A. Recordings made by security cameras at any cannabis facility shall be made immediately available to the city's public safety department, the city manager, the Los Angeles County Sheriff's Department or their designee upon verbal request for enforcement and/or criminal investigation purposes.
B. The city manager, or his or her designee, law enforcement officers, city development services department personnel and city public safety personnel and compliance inspectors shall have the right to enter all cannabis facilities from time to time unannounced for the purpose of making reasonable inspections to observe and enforce compliance with this chapter and chapter 5.56. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.150 Violations and enforcement.
A. Operation of a cannabis cultivation facility in non-compliance with any conditions of approval or the provisions of this chapter, chapter 5.56, any other applicable state or local law or regulation, or condition of any license or permit shall constitute a misdemeanor and upon conviction thereof any violation shall be punishable by a fine not to exceed one thousand dollars ($1,000.00), or by imprisonment for a period of not more than one year, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense.
B. The city may issue an administrative citation to any responsible person, as defined herein, for each violation of this chapter pursuant to the procedures set forth in chapter 9.48; provided, however, that notwithstanding the provisions of subsection 9.48.060(E), the penalty amounts of administrative citations issued for violations of this chapter shall be as follows, may be amended from time to time by resolution of the city council:
1. For the first violation within a twelve (12) month period, the penalty shall be ten thousand dollars ($10,000.00);
2. For the second and any subsequent violation within a twelve (12) month period, the penalty shall be twenty thousand dollars ($20,000.00).
C. In lieu of or in addition to the foregoing, the city may collect any and all abatement and related administrative costs pursuant to the provisions of section 8.28.210.
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D. The remedies provided herein are not to be construed as exclusive remedies, and in the event of violation or non-compliance, the city may pursue any proceedings or remedies otherwise provided by law. Any administrative citation issued pursuant to this chapter shall not prejudice or adversely affect any other civil, administrative or criminal action that may be brought to correct or abate any unlawful nuisance condition or use caused by a licensee, permittee or cannabis facility. A civil or criminal action may be brought concurrently with any other process regarding the same violation.
E. Applicants and licensees shall cooperate with employees and investigators of the city who are conducting inspections or investigations of or pertaining to the enforcement of laws and regulations related to this chapter. No applicant or licensee shall by any means interfere with, obstruct or impede the city manager or any member of the city's development services or public safety department, law enforcement personnel, or other city official from exercising his/her duties under the provisions of this chapter and all regulations promulgated pursuant to it.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.160 Revocation of conditional use permit.
Revocations of a conditional use permit issued under this chapter shall be governed by section 17.32.890, et seq. of this Code. In addition to the grounds for revocation set forth in section 17.32.890, the planning commission and/or the city council may suspend or revoke a conditional use permit if the planning commission and/or the city council find:
A. Good cause;
B. The building, structure, equipment, location or manner of operation of such business does not comply with the requirements of or fails to meet the standards of the health, zoning, fire and safety laws of the state and ordinances of the city applicable to such business operations; or C. The cannabis facility has failed to comply with this chapter or any condition of approval or a circumstance or situation has been created that would have permitted the planning commission to initially deny the conditional use permit, including, but not limited to, failure to comply with the operating plan or safety plan approved pursuant to section 5.56.070. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.170 Public nuisance.
A. It is unlawful and shall constitute a public nuisance to engage in or conduct any commercial cannabis activity in violation of this chapter, chapter 5.56 or any other applicable local or state law or regulation, or condition of a license or permit.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.180 Regulations.
The city manager is authorized to promulgate such regulations as may be necessary or convenient to implement this chapter.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
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17.43.190 Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one (1) or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
Chapter 17.44 CONTINUATION, PENDING PROCEEDINGS AND REPEALS
17.44.010 Continuation of existing law.
The provisions of this title insofar as they are substantially the same as the provisions of any ordinance or portions of any ordinance repealed by the ordinance codified in this title shall be construed as restatements and continuation thereof, and not as new enactments.
(Prior zoning ord. § 801)
17.44.020 Pending proceedings not affected.
No hearing or other proceeding initiated or commenced prior to November 5, 1971, and no right accrued, is affected either by amendments to this title effective on said November 5, 1971, or by the provisions of this title, but all proceedings thereafter taken shall conform to the provisions of this title so far as possible. Where the commission prior to said November 5, 1971, has recommended the granting, denial, revocation or modification of any permit, exception, license, or other approval, to the city council, the said council may act upon such recommendation either before or after November 5, 1971. In all other cases the commission shall grant, deny, revoke or modify as now provided in this title even if the action was initiated prior to November 5, 1971. (Prior zoning ord. § 802)
17.44.030 Pending proceedings.
If, prior to November 5, 1971, an application for an exception has been heard by the board of supervisors, commission or zoning board but has not been decided on November 5, 1971, the city council and commission may, where applicable, consider the case as either an application for a variance or for a conditional use permit, and shall decide or recommend pursuant to the provisions of this title as they now exist. (Prior zoning ord. § 803)
17.44.040 Rights under existing approval not affected.
No rights given by any permit, license or other approval under any ordinance repealed by the ordinance codified in this title are affected by such repeal, but such rights shall hereafter be exercised according to the provisions of this title.
(Prior zoning ord. § 804)
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17.44.050 Prior approval of permits and maps.
No rights given by any permit or tentative map approval, or existing extension thereof, under any ordinance in effect prior to the effective date of this amendment shall be affected by this amendment. (Prior zoning ord. § 804.1)
17.44.060 Conviction of crime.
Any conviction for a crime under any ordinance which is repealed by the ordinance codified in this title, which crime is continued as a public offense by this title, constitutes a conviction under this title for any purpose for which it constituted a conviction under such repealed ordinance. (Prior zoning ord. § 805)
17.44.070 Repeals.
Ordinance No. 219 entitled "An Ordinance Regulating the Storage and Transportation of Explosives in the County of Los Angeles," adopted October 11, 1909; Ordinance No. 1454, entitled "An Ordinance Regulating the Establishment and Maintenance of Rock Quarries, Sand and Gravel Pits and Rock Crushing Plants in the County of Los Angeles," adopted March 14, 1927; Ordinance No. 1473 (New series) entitled "An Ordinance Providing for the Creation in the Unincorporated Area of the County of Los Angeles of Seven Zones Prescribing the Classes of Uses of Buildings, Structures, Improvements and Premises in Said Several Zones and Providing a Penalty for the Violation Thereof," adopted May 2, 1927; Ordinance No. 2179, entitled "An Ordinance Providing for a Comprehensive Scheme of Building Line Restrictions in the Unincorporated Territory of the County of Los Angeles," adopted November 2, 1932; Ordinance No. 2854, entitled "An Ordinance Regulating the Establishment, Maintenance and Extension of Cemeteries in the County of Los Angeles, Providing for the Issuance of Permits Therefor, and Providing Penalties for the Violation Thereof," adopted January 20, 1937; and Ordinance No. 5070, entitled "An Ordinance Temporarily Restricting and Regulating Residential Construction, Occupation and Use in the Laguna Domingues Area, Pending the Adoption of Permanent Official Plans of the Master Plan of Land Use," adopted February 17, 1948, are repealed.
(Prior zoning ord. § 806)
17.44.080 No revival of repealed ordinances.
The repeal of said Ordinance No. 2854 does not revive Ordinance No. 927, New Series, entitled "An Ordinance Prohibiting the Establishment of Certain Institutions in Certain Localities in the County of Los Angeles," adopted October 1, 1923, nor any other ordinance or portion thereof repealed by said Ordinance No. 2854. (Prior zoning ord. § 807)
17.44.090 Zone exception modifying standards deemed variance.
Where a zone exception granted by action of the commission or board of supervisors prior to said November 5, 1971, may be granted as a variance under the present provisions of this title, it shall be deemed a variance. (Prior zoning ord. § 808)
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17.44.100 Status of zone exceptions other than standards.
In all cases other than as provided in Section 17.44.090 where a zone exception was granted by action of the commission or the board of supervisors prior to November 5, 1971, such use shall be considered a nonconforming use under the provisions of this title provided:
A. That such uses shall remain in compliance with and subject to all limitations and conditions imposed by such grant; and
B. That all provisions governing nonconforming uses not in conflict with the limitations and conditions of such grant, shall apply.
(Prior zoning ord. § 809)
Chapter 17.45 COLLECTION BINS
17.45.010 Title.
This Chapter shall be known as the City of Lancaster's Collection Bins ordinance. (Ord. No. 1098, § 3(Exh. A), 1-24-2023)
17.45.020 Findings and declaration.
The city council finds and declares as follows:
A. The unregulated presence of collection bins, sometimes called donation bins, on private property often leads to bins encroaching on public rights-of-way, which poses a significant hazard to vehicular and pedestrian safety.
B. Additionally, many collection bins are not regularly maintained or monitored, which results in donated items overflowing out of the bins, creating a visual blight and providing a harborage for vermin. The presence of overflowing bins and/or a proliferation of bins in a concentrated area can create the appearance of an informal dumping area and attract unintended items such as couches, appliances, and electronics. Unattended and unmaintained bins are frequently targets for graffiti and other vandalism, which further leads to blight.
C. It is the purpose and intent of the city council to protect public health, safety and general welfare by establishing narrowly tailored and reasonable time, place and manner regulations to ensure the proper, safe and sanitary location and maintenance of collection bins in the city. (Ord. No. 1098, § 3(Exh. A), 1-24-2023)
17.45.030 Definitions.
As used in this Chapter, the following words and phrases have the meanings set forth below:
"City manager" means the city manager of the city of Lancaster, or his or her designee. "Code" means the Lancaster Municipal Code.
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"Collection bin" or "bin" means an unattended box, receptacle or similar device used for soliciting and collecting donations of salvageable personal property, whether for charitable purposes by a non-profit organization or for profit by a for-profit entity.
"Person" as used in this Chapter, means and includes any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization or entity, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons. "Person" also includes any public entity or agency that acts as an owner in the city. "Responsible person" means any person, whether as an owner or tenant/lessee of private property or otherwise, that allows, causes, creates, maintains, or permits a nuisance collection bin to exist on or adjacent to their premises, by any act or the omission of any act or duty. The actions or inactions of a responsible person's agent, employee, representative or property manager may be attributed to that responsible person. "Salvageable personal property" means new or used items such as clothing, shoes, books, and miscellaneous household items.
(Ord. No. 1098, § 3(Exh. A), 1-24-2023)
17.45.040 Director's review and approval required.
It is unlawful for any person to store, maintain, or allow a collection bin without having first obtained a director's review and approval. A person must have an approval in good standing at all times a collection bin is on a person's premises.
(Ord. No. 1098, § 3(Exh. A), 1-24-2023)
17.45.050 Application for director's review; denial, revocation, conditioning; obtaining approval for bins currently on property.
A. A person seeking to store, maintain or allow a collection bin on his/her property shall submit an application for a director's review in accordance with the provisions set forth in Chapter 17.32, Article VI of this code.
B. The application review and approval, denial, conditioning, suspension and/or revocation processes, and all administrative remedies, shall be in accordance with Chapter 17.32. An approval is also subject to modification or denial if the information submitted pursuant to subsection C. of this Section is incomplete or does not reflect that the placement or maintenance of the collection bin will comply with the standards set forth in this Chapter. Further, an approval may be denied or revoked in the event of any of the following conditions:
1. The property has contained graffiti within 6 months prior to the application submittal that has not been timely removed in accordance with this code;
2. The property has had conditions or uses in violation of the Lancaster Municipal Code within 6 months prior to the application submittal which were not timely corrected or abated in accordance with a notice of violation, administrative citation, or compliance letter;
3. The applicant has been found to be in violation of the requirements of this Chapter within one year of the application submittal.
C. In addition to the requirements set forth in Chapter 17.32, Article VI, the applicant shall also submit the following information/documentation, which is subject to the approval, modification and/or denial of the city manager:
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(Supp. No. 10-24, Upd 1)
1. The collection bin operator's contact information, including name, address, email, website (if available), and telephone number.
2. If the operator holds itself out as a non-profit organization, a statement that it meets the definition of nonprofit organization in Section 501(c)(3) of the United States Internal Revenue Code or Section 150(c) of the California Welfare and Institutions Code.
3. If the operator holds itself out as a for-profit organization, a statement that it holds a valid certificate of good standing issued by the California Secretary of State.
4. If the operator and the owner of the lot on which the collection bin will be located are the same person or entity, written acknowledgment that the operator understands that they are liable for violations of this subdivision. If the operator and the owner of the lot on which the collection bin will be located are different persons or entities, written acknowledgment signed by both parties that both understand that they are jointly and severally liable for violations of this subdivision.
5. A site plan identifying the following:
i. Boundaries of the parcel on which the bin will be located; ii. Location of all structures on the parcel;
iii. Proposed bin location;
iv. Distance from the proposed bin location to the lot lines and the nearest structures on the parcel; v. Locations and dimensions of all existing and proposed driveways, landscaped areas, easements, and parking space on the parcel.
6. Diagram and/or description of the bin including the height, width, depth, and general appearance of the bin, and the materials of which the bin is fabricated.
7. Diagram and/or description of the proposed locking mechanism.
8. Description of the maintenance plan, including the pick-up schedule to be not less than weekly, and graffiti, litter and trash removal on and around the collection bin;
9. Any other information regarding time, place and manner of the collection bin's operation, placement, and maintenance that the city manager deems reasonably necessary to evaluate the proposal's consistency with the requirements of this Chapter.
D. A person on whose property a collection bin is already located as of the effective date of this ordinance shall legalize the bin by applying for and obtaining director's review and approval as set forth in this Section, or shall remove the bin from the premises, within sixty (60) calendar days from the effective date of this ordinance.
(Ord. No. 1098, § 3(Exh. A), 1-24-2023)
17.45.060 Location, distance requirements of collection bins.
A. Collection bins are permissible only commercially zoned property on which at least one currently licensed business is operating.
B. No collection bin shall be located within the following distances:
1. 20 feet of any public right-of-way;
2. 10 feet of any lot line adjoining another lot;
3. 100 feet of a residentially zoned parcel.
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C. No collection bin shall be located on or within the following:
1. The public right-of-way, including alleys and sidewalks;
2. Any area designated for landscaping.
D. No collection bin shall be located in, or block or impede access to any of the following:
1. Required parking or driveway areas;
2. Pedestrian routes;
3. Emergency vehicle routes;
4. Building ingress and egress;
5. Required accessibility routes;
6. Required easements;
7. Trash enclosure areas or access to trash bins or trash enclosures;
8. Any place that would impede the functioning of exhaust, ventilation or fire extinguishing systems.
E. No more than one collection bin shall be located on any lot. (Ord. No. 1098, § 3(Exh. A), 1-24-2023)
17.45.070 Physical attributes.
A. Collection bins shall be fabricated of durable and waterproof materials.
B. Bins shall be placed on a paved, non-sloping surface.
C. Bins shall have a tamper-resistant locking mechanism.
D. Bins shall not exceed dimensions of 80 inches in height, 50 inches in depth, and 60 inches in width.
E. Collection bins shall be provided a light source to provide illumination between sunset and sunrise.
F. Bins shall have the following information conspicuously displayed in at least two-inch type visible from the front of the collection bin:
1. Bin operator's name, 24-hour telephone number, and address of the lot on which the bin is licensed to be located;
2. A statement that no material shall be left outside the collection bin;
3. A statement that either reads "this collection bin is owned and operated by a for-profit organization" and that clearly describes the charitable cause that will benefit from the donations, or "this collection bin is owned and operated by a nonprofit organization" and that clearly states "this donation is not tax deductible."
(Ord. No. 1098, § 3(Exh. A), 1-24-2023)
17.45.080 Operational and maintenance standards.
A. Collection bins shall be maintained in good working order, and free from graffiti, removed or damaged requisite signs and notifications, peeling paint, rust, and broken collection operating mechanisms.
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(Supp. No. 10-24, Upd 1)
B. No overflow collection items, litter, debris or dumped materials shall be allowed to accumulate within 20 feet of any collection bin.
C. Collection bins shall be serviced not less than weekly. Servicing includes removal of the collected items, maintenance of the bin, and abatement of any graffiti, litter or other nuisance conditions in, on or around the collection bin.
D. The operator shall maintain an active email address and a telephone with 24-hour recording capability for the public to register complaints.
E. Any conditions that are in violation of this Chapter must be abated or corrected within 48 hours of being reported to bin operator and/or property owner.
(Ord. No. 1098, § 3(Exh. A), 1-24-2023)
17.45.090 Violation; public nuisance; penalty; administrative citations.
A. The city council finds and declares that it is unlawful for any responsible person, as defined in this Chapter, to allow, cause, create, suffer or permit the presence of a collection bin on or around his or her property in a location or manner that is in violation of this Chapter.
B. The city council finds and declares that a collection bin that does not fully comply with this Chapter constitutes a public nuisance subject to abatement.
C. Any person violating the provisions of this Chapter is subject to the penalty provisions set forth in Chapter
1.12. D. A responsible person violating the provisions of this Chapter may additionally be issued an administrative citation in accordance with the provisions set forth in Chapter 1.16. (Ord. No. 1098, § 3(Exh. A), 1-24-2023)
17.45.100 Abatement; emergency abatement of an imminently hazardous collection bin.
A. The city manager may cause a nuisance collection bin to be abated, in accordance with the procedures set forth in Chapter 8.28 of this code.
B. The city council finds and declares that a collection bin that has encroached into the public right-of-way, including alleys and sidewalks, constitutes a significant hazard to pedestrians and vehicles and therefore is deemed an imminent public safety hazard. The city manager is authorized to utilize the procedures set forth in Section 8.28.170 of this code for the emergency abatement of such a bin. (Ord. No. 1098, § 3(Exh. A), 1-24-2023)
17.45.110 Remedies not exclusive.
A. Any administrative citation pursuant to this Chapter shall not prejudice or adversely affect any other civil, administrative or criminal action that may be brought to abate a nuisance collection bin or to seek compensation for damages suffered. A criminal or civil action may be brought concurrently with any other process regarding the same violation.
B. A nuisance collection bin may be abated through the revocation or suspension of the director's review approval, in accordance with the provisions set forth in Chapter 17.32, Article VIII of this code. (Ord. No. 1098, § 3(Exh. A), 1-24-2023)
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(Supp. No. 10-24, Upd 1)
17.45.120 Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this Chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The city council declares that it would have adopted this Chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. (Ord. No. 1098, § 3(Exh. A), 1-24-2023)
L ancaster G eneral P lan
Safety Element
What is a Safety Element?
The Safety Element is one of the State-mandated
elements of the General Plan. It presents the City's
overall goals, policies, and action programs to facilitate resilience and prosperity. This Safety Element meets the requirements of California Government Code Section
65302(f) and (g). Under State planning law, this Element identifies and discusses the following hazards of concern for the City:
Geology and Seismicity
Flooding and Drainage
Noise
Air Installation Land Use Compatibility
Hazardous Materials
Crime Prevention and Protection Services
Fire Prevention and Suppression Services
Disaster Preparedness and Evacuation
Emergency Medical Facilities
Climate Adaptation
Consistency with Other Elements
Integrating safety considerations throughout the General Plan creates a consistent framework that prioritizes the well-being of the community. The Lancaster Safety
Element is a key component of the General Plan which
works in conjunction with other Elements, including:
Plan for the Natural Environment: addresses the
use and management of natural resources and
open space lands.
Plan for Active Living: contains plans and
programs for the provision of quality living
environments, addressing parks, recreation, and
other community services.
Plan for Physical Mobility: focuses on
transportation issues and how goods and people
move.
Plan for Municipal Services and Facilities:
addresses the services and facilities needed to
support existing and future residential,
commercial, and industrial development.
Plan for Economic Development and Vitality:
outlines how the community is striving for
economic self‐sufficiency and presents a program
to facilitate those efforts.
INTRODUCTION
The City of Lancaster prioritizes the well-being and safety of its community members. Our initiatives and policies prioritize preparation for potential natural and human-caused hazards and emergencies.
Effective emergency management, increased preparation for disasters, and incorporation of resilience in City activities and the development process supports the protection of life and property. This Element of the General Plan provides the context to identify and understand the hazards that could threaten the urban and rural portions of the community. Based on this understanding, better practices and policies enable the continued prosperity and resilience of Lancaster. Plan for Physical Development: focuses on the
organization of the physical environment into a
local, functional, and aesthetic pattern consistent
with community values. These policies and
programs are illustrated on the General Plan
Land Use Map. The Plan for Physical
Development also contains the Community
Design subsection, which focuses on
strengthening the City's physical image and
identity. The Plan for Community Design provides
direction in the form of policies and action
programs that call for the development and
implementation of comprehensive community
design guidelines that provide guidance for
creating an attractive and enduring physical
environment.
Housing Element: addresses housing needs and
strategies to accommodate population growth
and a variety of income levels. Periodic updates
of the Housing Element are required in
conjunction with the Regional Housing Needs
Allocation prepared by the California Department
of Housing and Community Development.
Consistency with Local Hazard
Mitigation Plan
The Local Hazard Mitigation Plan (LHMP) for the City of Lancaster was developed in accordance with the Disaster Mitigation Act of 2000 (DMA 2000) and follows guidance
provided by the Federal Emergency Management Agency
(FEMA). The LHMP incorporates a systematic process to
identify and profile hazards, assesses risks to the
community’s people, property, and critical facilities, and develops mitigation strategies to reduce or eliminate
those risks. Implementation of the LHMP includes both
short-term and long-term actions, such as planning
initiatives, policy updates, programs, projects, and other efforts to enhance community resilience.
The LHMP is a dynamic, regularly updated document that
supplements the Safety Element of the General Plan. It is incorporated by reference in accordance with California Government Code Section 65302(g). The current, FEMAapproved LHMP, as adopted by the City Council, can be accessed in its entirety on the City’s website at:
https://www.cityoflancasterca.gov/emergencyplans
Regulatory Environment
California Government Code 65302(g)(1):
California Government Code Section 65302(g)(1)
establishes the legislative framework for California's
Safety Elements. This framework consolidates the
requirements from relevant federal and state agencies,
ensuring that all jurisdictions are compliant with the
numerous statutory mandates. These mandates include:
Protecting against significant risks related to
earthquakes, tsunamis, seiches, dam failure,
landslides, subsidence, flooding, and fires as
applicable.
Including maps of known seismic and other
geologic hazards.
Addressing evacuation routes, military
installations, peak-load water supply
requirements, and minimum road widths and
clearances around structures as related to fire
and geologic hazards, where applicable.
Identifying areas subject to flooding and
wildfires.
Avoiding locating critical facilities within areas of high risk.
Assessing the community's vulnerability to
climate change and including adaptation and
resilience goals, policies, and implementation
actions.
California Government Code Sections 8685.9 and
65302.6:
California Government Code Section 8685.9 (also known
as Assembly Bill 2140 or AB 2140) limits California's share of disaster relief funds paid out to local governments to 75 percent of the funds not paid for by federal disaster relief efforts. However, if the jurisdiction has adopted a valid LHMP consistent with DMA 2000 and has
incorporated the LHMP into the jurisdiction's General
Plan, the State may cover more than 75 percent of the
remaining disaster relief costs. All cities and counties in California must prepare a General Plan, including a Safety Element that addresses various hazard conditions and
other public safety issues. The Safety Element may be a standalone chapter or incorporated into another section as the community wishes. California Government Code
Section 65302.6 indicates that a community may adopt
an LHMP into its Safety Element if the LHMP meets
applicable State requirements. As the General Plan is an overarching long-term plan for community growth and
development, incorporating the LHMP into it creates a
stronger mechanism for implementing risk reduction
strategies and hazard mitigation projects.
California Government Code 65302(g)(3) adopted
through SB 1241 (2012):
California Government Code Section 65302(g)(3) requires the Safety Element to identify and update mapping,
information, and goals and policies to address wildfire hazards. As part of this requirement, any jurisdiction that includes State Responsibility Areas or Very High Fire
Hazard Severity Zones in the Local Responsibility Areas (LRA), as defined by the California Board of Forestry and Fire Protection (Board), is required to transmit the
updated Element to the Board for review and approval.
Very High Fire Hazard Severity Zones are not located
within city limits; therefore, compliance with Section
65302(g)(3) is not required at this time.
California Government Code 65302(g)(4) adopted
through SB 379 (2015):
California Government Code Section 65302(g)(4) requires the Safety Element to address potential impacts of
climate change and develop potential strategies to
adapt/mitigate these hazards. Analysis of these potential effects should rely on a jurisdiction's LHMP or data and analysis from the State of California's Cal-Adapt website.
This Element relies on the City's adopted LHMP, and
supplemental information from Cal Adapt to ensure
compliance with this requirement.
California Government Code 65302(g)(5) adopted
through S.B. 99 (2019):
California Government Code Section 65302(g)(5) requires the Safety Element to identify evacuation constraints
associated with residential developments, specifically
focused on areas served by a single roadway.
National Flood Insurance Program
The National Flood Insurance Program (NFIP) was created in 1968 to help communities adopt more effective
floodplain management programs and regulations. FEMA
is responsible for implementing the NFIP and approves
the floodplain management plans for participating cities and counties. Lancaster participates in the NFIP and uses Chapter 17, Title 40, Section 190 of the Lancaster
Municipal Code to administer flood management
regulations.
Alquist-Priolo Earthquake Fault Zoning Act
The Alquist-Priolo Earthquake Fault Zoning Act (California Public Resources Code [PRC], Chapter 7.5, Section 2621- 2699.6) was intended to reduce the risks associated with surface faults and requires that the designated State
Geologist identify and map "Earthquake Fault Zones"
around known active faults. Per PRC Section 2623(a),
cities and counties shall require a geologic report
defining and delineating any hazard of surface fault
rupture before the approval of a project. If the
jurisdiction finds no undue hazard of that kind exists, the geologic report on the hazard may be waived, with the
State Geologist's approval. For a list of project types, please refer to PRC Section 2621.6.
Seismic Hazards Mapping Act
The Seismic Hazards Mapping Act (California Public
Resources Code, Chapter 7.8, Section 2690-2699.6)
created a statewide seismic hazard mapping and
technical advisory program in 1990 to help cities and
counties more effectively address the effects of geologic and seismic hazards caused by earthquakes. Under PRC
2697, cities and counties shall require a geotechnical
report defining and delineating any seismic hazard before approving a project located in a seismic hazard zone. If the jurisdiction finds that no undue hazard of this kind exists based on information resulting from studies
conducted on sites near the project and of similar soil composition to the project site, the geotechnical report may be waived. After a report has been approved or a
waiver granted, subsequent geotechnical reports shall
not be required, provided that new geologic datum, or
data, warranting further investigation is not recorded.
Each jurisdiction shall submit one copy of each approved geotechnical report, including the mitigation measures to be taken, if any, to the State Geologist within 30 days of its approval of the report. For a list of project types, please refer to PRC Section 2693.
Cortese List
Government Code Section 65962.5 (typically referred to
as the "Cortese List") identifies sites that require
additional oversight during the local permitting process as well as compliance with the California Environmental Quality Act (CEQA). The list is generally a compilation of properties and businesses that generate, store, and/or
have been impacted by the presence of hazardous
materials/wastes. Many properties identified on this list may be undergoing corrective action, cleanup, or
abandoned and in need of these activities. The City of
Lancaster has a variety of sites identified on this list that range from permitted underground storage tanks,
leaking underground storage tanks, sites meeting waste
discharge requirements, and land disposal sites. No
cleanup sites that meet state or federal thresholds are located within the City according to this list.
Potential Hazards/Trends
The City of Lancaster is situated in an area of Southern California that is vulnerable to seismic and geologic
hazards, flooding, fires, climate adaptation, hazardous material releases, and noise.
Geology and Seismicity
Lancaster is located within the high desert area of Los Angeles County, which is prone to geologic and seismic
hazards. Due to these conditions, precautions are
established through this Safety Element to protect lives and property against seismic shaking, surface rupture,
liquefaction, and landslide.
Seismic Shaking
Seismic shaking is the identifiable movement caused by
the energy released during an earthquake. The energy
that emanates through the ground from the epicenter
(origin of the event at the Earth's surface) of an
earthquake can travel hundreds of miles. Damage and
destruction from seismic shaking affects buildings,
infrastructure (roads, power lines, and pipelines), and bridges, leading to further safety concerns. Areas closest to an earthquake's epicenter are subject to the greatest shaking, which typically decreases as distance increases.
The two faults with highest potential to cause significant shaking in and around Lancaster include the San Andreas Fault (approximately nine miles south of the city's center) and Garlock Fault (approximately 28 miles
north/northwest of the city's center), both of which can generate earthquakes in excess of M7.0. According to the Third Uniform California Earthquake Rupture Forecast,
the San Andreas Fault has a 17 percent probability of
generating an earthquake greater than M6.7 in the next
30 years. During the same time period, the Garlock Fault has a two percent probability of generating a similar
quake.
Surface Rupture
The sudden movement and release of energy from an
earthquake can cause the Earth to fracture and displace the land surrounding it, creating an earthquake fault.
Some faults are deep beneath the surface, while others
can be found at Earth's surface. Surface rupture is
especially dangerous if structures were constructed on
top of the fault or if city infrastructure crosses the fault, as they can be damaged and even destroyed (Figure 4-1).
If a surface rupture occurs, the movement can burst
natural gas and water pipelines, damage roads and
bridges, rendering them useless after the event. Areas of known surface rupture hazard in California are identified in Alquist-Priolo Special Study Zones. Figure 4-2 identifies active faults near the vicinity of Lancaster that could experience a rupture. The only fault meeting this criteria is the San Andreas Fault, which is located outside the city limits.
Liquefaction
Liquefaction occurs when intense vibrations from an
earthquake cause soils that are saturated to lose stability and act as a liquid. This phenomenon poses a significant problem for structures in areas where liquefaction can
occur, as the ground might give way under the weight of the structure and its foundation. The California
Department of Conservation has identified potential
liquefaction zones within the Lancaster area: along the length of Little Rock Wash, the area of Amargosa Creek
extending from north of Quartz Hill to the northeast to the Los Angeles-Kern County line, and at Apollo
Community Regional Park; there is also a small
liquefaction zone near Avenue M and 40th St. West.
Landslide
A landslide is the movement of earth materials down
slopes and areas of steep topography. Generally caused
by earthquakes, landslides can occur when any sloped
surface can no longer support the material contained
within the slope or material sitting above the slope itself.
The instability can simply be the sheer weight of the
loose material, or it can be helped by other natural
events like a heavy rainstorm. Figure 4-3 identifies the areas of the city susceptible to deep-seated landslides.
These areas are predominantly located in the southwest
portion of the city.
Figure 4-1: Damage to a road near Edwards Airforce Base after a seismic shaking event.
Photo Courtesy: USGS
The following issues of concern should be considered
when addressing geologic and seismic hazards:
The City of Lancaster is located within a
seismically active area, near the San Andreas and
Garlock faults.
A major earthquake could result in multiple
casualties, extensive property damage and loss,
and further catastrophes.
AGENDA ITEM: 4.
DATE: 4/21/2025
STAFF REPORT
2025 ZONE TEXT AMENDMENT TO TITLES 2, 8, 15, 16, AND 17 OF THE LANCASTER MUNICIPAL CODE (ZTA25-001) AND GENERAL PLAN AMENDMENT TO THE SAFETY ELEMENT OF THE GENERAL PLAN (GPA25-001)
DATE: April 21, 2025
TO: Lancaster Planning Commission
FROM: Kendall Brekke, Senior Planner
Community Development Department
APPLICANT: City of Lancaster
LOCATION: Citywide
REQUEST: Recommendation to the City Council for the approval of Zone Text Amendment No. 25-001 (ZTA25-001) for the 2025 Zone Text Amendment to Titles 2, 8, 15, 16, and 17 of the Lancaster Municipal Code (LMC) and General Plan Amendment No. 25-001 (GPA25-001) for the update to the Safety Element of the General Plan to provide clarification, consistency, and compliance with City policies and State requirements.
RECOMMENDATION: Planning Commission adopt Resolution 25-05 recommending approval to the City Council for Zone Text Amendment No. 25-001 (ZTA25-001) for the 2025 Zone Text Amendment to Titles 2, 8, 15, 16, and 17 of the Lancaster Municipal Code (LMC) and General Plan Amendment No. 25-001 (GPA25- 001) for the update to the Safety Element of the General Plan to provide clarification, consistency, and compliance with City policies and State requirements.
BACKGROUND
The City of Lancaster (City) periodically updates the Lancaster Municipal Code (LMC) and General Plan 2030 (General Plan) to reflect current legislation and regulations, codify new and current city policies, and provide code clarifications.
PC Staff Report
2025 Zone Text Amendment and General Plan Amendment
April 21, 2025
The previous Zone Text Amendment (ZTA21-001) and General Plan Amendment (21-002) were approved by the City Council on June 14, 2022 for the 2021-2029 Housing Element Update, Safety Element Update, implementation of the Environmental Justice Element. Subsequently, the City Council approved a Zone Text Amendment on September 12, 2023 for the implementation of goals, policies, and programs associated with the Housing Element.
The Safety Element of the General Plan presents the City’s overall goals, policies, and action programs to facilitate resiliency and prosperity. By incorporating data and mapping, addressing vulnerabilities related to climate change, and integrating policies and programs from the City’s 2019 Local Hazard Mitigation Plan (LHMP), the previous 2022 technical amendments to the Safety Element were intended to achieve compliance with State, regional and local policies and guidelines.
Assembly Bill (AB) 2140 was enacted in 2006 and allows California counties and cities to be considered for additional state cost-share on eligible Public Assistance projects by adopting their current, FEMAapproved LHMPs into the Safety Element of their General Plan. This adoption, along with other requirements, makes the City eligible to be considered for part or all of its local-share costs on eligible Public Assistance projects to be provided by the state through the California Disaster Assistance Act (CDAA). AB 2140 compliance is not a requirement; it serves as a valuable financial incentive to strengthen community resilience and reduce the fiscal burden of disaster recovery. To participate in this program, the City must update the Safety Element to incorporate the newly approved 2025 LHMP, ensuring compliance with AB 2140 and positioning the City to maximize potential state funding for future disaster events.
PROJECT DESCRIPTION
The City proposes to update the LMC with text amendments to the following chapters/titles: Chapter 2.36 (Disaster CounciI), Chapter 8.50 Landscaping Installation and Maintenance, Chapter 15.04 Administrative Code, Chapter 15.64 Development Impact Fees, Chapter 16.04 General Provisions, and Title 17 Zoning, and to update the Safety Element of the General Plan (project).
The project only consists of text amendments. No changes to the City’s zoning map or development densities are proposed. No construction or development is proposed as part of the project. The proposed amendments would require the approval of the City Council.
The project is necessary because it aims to address current state legislation and regulations, implement new and current city policies and procedures, and provide code “clean ups” and clarifications. The goal is to improve the LMC to be innovative, compliant, and user-friendly to City staff and the public.
Summary of Proposed Changes
The proposed amendments are organized in the following four categories:
1. Administrative Correction - Clerical corrections from previous amendments to effectuate the codification.
2. Code Clarification – Reorganization and “clean up” items to fix outdated references, typos, and grammar.
PC Staff Report
2025 Zone Text Amendment and General Plan Amendment
April 21, 2025
3. New Proposal – Introduction of a new policy, concept, or land use category.
4. Policy Implementation – Implementation of existing City policies or state mandates.
The proposed LMC and General Plan amendment language is detailed in a redline/strikethrough document included in this staff report as Attachment C. The proposed amendment language without redlines, or “clean” version, is included as Attachment D.
Zone Text Amendment Summary
The following table provides a summary of the 2025 Zone Text Amendment including the item number for reference, category, LMC section, description, and justification:
2025 Zone Text Amendment Table
# Category LMC
Section(s)
Description Justification
1 Code
Clarification
2.36 Updates to the Order of
Succession in a local state of
emergency and grammatical
proofing.
Updating the order of succession for the City
Council and Planning Commission in a local state of
emergency. Replacing outdated references to
previous city positions to be consistent with the
current safety protocol and reflect city policies,
and additional grammatical proofing.
2 Code
Clarification
8.50.090,
8.50.261
Clarifying language related
to residential grass
limitations.
The current language is unclear for landscape
architects and residents. Clarifying references to
turf as organic grass, as opposed to artificial or
synthetic turf.
3 Policy
Implementation
15.04.080 Reducing refund time limit. Reducing the refund time limit for building permit applications to reflect City policies.
4 Policy
Implementation
15.64.130 Requiring impact fee
payment at occupancy
rather than issuance.
SB 937 requires that impact fee payments by a
developer be made at building occupancy for
residential projects, rather than by issuance of
certificate of occupancy. Current City policy is in
compliance, as fees for all development are due at
building occupancy. This codifies this existing
policy.
5 Policy
Implementation
16.16.030.B Adding flexibility to
Tentative Administrative
Parcel Map process.
Update to reflect city policies and to provide
additional flexibility for development projects.
PC Staff Report
2025 Zone Text Amendment and General Plan Amendment
April 21, 2025
6 Administrative
Correction
17.04.240 Further implementation of
2023 Housing Element
updates.
Update to effectuate previously approved
amendments (2023 Housing Element Update).
Removing irrelevant terms and definitions.
7 New Proposal 17.08.050 Adding Battery Storage use
in the residential permitted
use chart.
Adding "Utility Scale Battery Energy Storage
Systems (BESS)" as a use in the Residential
Permitted Use Chart. The use would be allowed in
the RR-2.5 zone with a CUP. This would make the
use consistent with utility scale solar generating
plants.
8 Administrative
Correction
17.08.050 Further implementation of
2023 Housing Element
updates.
Adding a missing asterisk for clarification in the
residential use chart.
9 Policy
Implementation
17.08.060.A Implementation of
Director's Policy to allow
variation in garage location
for custom homes in certain
zones.
Update to reflect city policies and to provide
additional flexibility for development projects. This
allows custom homes to have different setback
requirements for garages.
10 Administrative
Correction
17.08.060 Further implementation of
2023 Housing Element
updates.
Update to effectuate previously approved
amendments (2023 Housing Element Update) -
small multifamily standards.
11 Policy
Implementation
17.08.120.A.5,
17.12.150.B.18,
17.16.140
Clarification of off-premises
signage restrictions.
Updating three sections (residential, commercial,
and industrial) to reflect city policies and to
prevent proliferation of "off-premise signs," which
are typically signs attached to a car parked off site
and or similar signage.
12 Policy
Implementation
17.08.130 Implementation of code
interpretation regarding
prohibited fencing
materials.
Update to reflect city policies and to prevent the
proliferation of undesirable fencing materials, such
as chain link, in the residential zones.
13 New Proposal 17.08.130 Implementation of code
interpretation regarding
multifamily fence heights.
Update to reflect city policies and to provide
clarification on multifamily fence standards.
PC Staff Report
2025 Zone Text Amendment and General Plan Amendment
April 21, 2025
14 Administrative
Correction
17.08.130 Implementation of 2023
Housing Element updates.
Update to effectuate previously approved
amendments (2023 Housing Element Update)
regarding perimeter walls.
15 Policy
Implementation
17.08.050,
17.08.130,
17.12.130,
17.16.220
Implementation of
Director's Policy to allow
temporary fencing on
vacant property.
Update to reflect city policies, provide clarification
on temporary fencing requirements and standards,
and provide additional flexibility to property
owners.
16 Administrative
Correction
17.08.160 Clarification of code
regarding accessory
structure sizes.
Update to provide clarification on the
measurement of accessory structures.
17 Policy
Implementation
17.08.160 Implementation of
Director's Policy to allow
increased height for garages
in rural zones.
Update to reflect city policies, allow the maximum
height for a detached garage to 20 feet in rural
zones, and to provide additional flexibility for
residential projects.
18 Policy
Implementation
17.08.160 Clarification of code
regarding accessory
structure setbacks.
Update to reflect city policies and to provide
additional clarification on residential projects.
19 Administrative
Correction
17.08.230 Implementation of 2023
Housing Element updates.
Update to effectuate previously approved
amendments (2023 Housing Element Update)
regarding removal of guest houses.
20 Code
Clarification
17.10.030 Clarification of code
language related to the
adoption of the Lancaster
Health District.
Update to incorporate a reference to the Mixed
Use-Health District of the Lancaster Health District
Master Plan which was previously missing.
21 Administrative
Correction
17.10.030 Implementation of 2023
Housing Element updates -
TOD publishing.
Update to incorporate a general reference to the
City's website, as opposed to an impermanent link.
22 Administrative
Correction
17.10.060 Implementation of 2023
Housing Element updates.
Update to effectuate previously approved
amendments (2023 Housing Element Update)
regarding multifamily setbacks.
23 New Proposal 17.42 Establishment and
clarification on the
standards for tobacco
establishments.
Updating the Chapter 17.42 Alcoholic Beverage
Establishments section to include tobacco
establishments. This section is updated to include
tobacco uses and entitlement requirements,
distance requirements, and conditions of approval.
PC Staff Report
2025 Zone Text Amendment and General Plan Amendment
April 21, 2025
24 Code
Clarification
17.12.040
(Commercial
permitted use
chart)
Reorganization of the
Commercial permitted use
chart.
Reorganized the Commercial permitted use
section into a more user-friendly chart, consistent
with the previously reorganized Residential
permitted use chart. The updated use charts allow
for better consistency, clarity, and usability.
25 Code
Clarification
17.16.040
(Industrial
permitted use
chart)
Reorganization of the
Industrial permitted use
chart.
Reorganized the Industrial permitted use section
into a more user-friendly chart, consistent with the
previously reorganized Residential permitted use
chart. The updated use charts allow for better
consistency, clarity, and usability.
26 New Proposal 17.12.040,
17.16.040
Adding Gun Stores use in
the Commercial and
Industrial permitted use
charts.
Adding Gun Stores as new use to provide
clarification on requirements and consistency with
City policies.
27 Policy
Implementation
17.12.130 Implementation of
Director's Policy regarding
hydrogen required at gas
stations.
Update to reflect City policies and provide clear
direction on new gas stations to designate space
for the installation hydrogen fueling.
28 Code
Clarification
17.12.130.B.2,
17.16.220.A.8,
17.28.030.C
Creation of new fences and
walls sections for
Commercial and Industrial
zones.
Updating and relocating fences and walls sections
and standards in the appropriate sections within
the Commercial and Industrial zones.
29 New Proposal 17.12.150 Implementation of new
policy for additional wall
signs.
Adding the option of additional wall signs subject
to a Director's Review to provide additional
flexibility for business owners.
30 Policy
Implementation
17.12.230,
17.12.690,
17.12.890.A.3,
17.16.220.A.3,
17.20.810
Standardization of compact
parking standards.
Update to standardize the language and
dimensions associated with the use of compact
parking spaces through all zones.
31 Code
Clarification
17.16.040 Clarification on the
allowance of legitimate
massage businesses.
Clarifying and differentiating between "adult
massage parlor" in the Sexually Oriented
Businesses use category and "massage parlor" in
the Health and Fitness Services use category.
PC Staff Report
2025 Zone Text Amendment and General Plan Amendment
April 21, 2025
32 Code
Clarification
17.08.050,
17.08.060,
17.08.100,
17.08.190,
17.12.040,
17.12.730,
17.16.040
Standardization of the
naming of "day care" uses.
Clarifying the definitions and requirements for
each use consistent with city policies.
Standardizing the naming of "day care" use
throughout the code for consistency.
33 Policy
Implementation
17.32.800 Removal of automatic denial
due to inactivity process to
be consistent with City
policies.
Updating to reflect city policies and to provide
additional flexibility for applicants.
34 New Proposal 17.12.040,
17.16.040
Adding "Animal Shelter -
Public Agency Operated"
use in the Commercial and
Industrial permitted use
charts.
Currently, an animal shelter use is only allowed in
the Public (P) zone. By allowing this use in the I
zones, it would allow this much needed use to be
located in more appropriate areas in the City.
35 Code
Clarification
Title 17 Replacement of outdated
references to positions,
departments, and agencies.
Updating multiple references to irrelevant,
outdated, or non-existent positions, entities,
departments, or agencies throughout Title 17.
Examples include references to the Board of
Supervisors.
36 Policy
Implementation
17.36.010 Implementation of
standardized administrative
withdrawal processes.
Updating to reflect city policies and to provide
additional clarification for applicants.
37 Administrative
Correction
17.40.685 Removal of inapplicable
code sections which were
previously added
erroneously.
Removing inapplicable code sections which were
previously added erroneously.
38 Policy
Implementation
17.41.016 Removal of detached ADU
size limits for multifamily.
Removing the maximum size limitations of a
detached ADU for multifamily developments in
accordance with state law (AB 811).
39 New Proposal 17.16.040 Renaming and allowing
"Electrical Generating Plants
- Solar" use in the Industrial
permitted use charts.
Renaming and allowing "Electrical Generating
Plants - Solar" use in the Industrial zones to
provide clarification and reflect City policies.
PC Staff Report
2025 Zone Text Amendment and General Plan Amendment
April 21, 2025
40 New Proposal 17.12.100,
17.12.780,
17.16.090,
Article III -
17.32.410
Establishment of an
Adjustment Permit
entitlement and procedure.
Establishing a new procedure to address minor
adjustments to various areas of the code such as
building height, lot coverage, setbacks, FAR, fence
and wall height, and sign regulation to allow
additional flexibility to property owners. An
Adjustment Permit would be a director-level
approval. Adjustments would be considered minor
in relation to a Variance (which requires Planning
Commission approval). The Adjustment Permit
procedure allows additional flexibility for property
owners.
41 New Proposal 17.12.040,
17.16.040
Adding "Schools - Small
Specialty/Charter" use in
the Commercial and
Industrial permitted use
charts.
Adding Schools - Small Specialty/Charter use in the
Commercial and Industrial permitted use charts to
provide clarification and reflect city policies. A
Small Specialty or Charter School use is not
currently among the school uses in the code.
42 New Proposal 17.12.040,
17.16.040
Adding "Private Car Wash"
use in the Commercial and
Industrial permitted use
charts.
Adding "Private Car Wash" as a new use to provide
clarification to applicants. A private car wash use
includes car washes that are ancillary to carrelated uses such as a dealership or rental facility.
Unlike typical car wash uses, a private car wash is
not open to the public. This use requires a
Director's Review.
43 GPA
Code
Clarification
General Plan -
2021 Safety
Element
Updating the reference to
the recently adopted 2025
LHMP in the Safety Element.
See General Plan Amendment Summary below.
General Plan Amendment Summary
The Safety Element is one of the State-mandated elements of the General Plan and was recently updated in June 2022 to comply with State legislation and guidelines. It presents the City’s overall goals, policies, and action programs to facilitate resiliency and prosperity. Technical amendments to the Safety Element are intended to achieve compliance with State, regional, and local policies and guidelines.
AB 2140 allows cities and counties to be considered for additional state cost-share on eligible Public Assistance projects. If compliant, the City may be eligible for up to 6.25% additional state funding, potentially covering the entire local share of eligible disaster recovery costs. AB 2140 compliance must be renewed each time the LHMP is updated.
The Federal Disaster Mitigation Act of 2000 requires state and local governments to develop and maintain an LHMP to qualify for certain types of federal disaster assistance. The LHMP identifies risks, vulnerabilities, and mitigation actions to reduce the impact of disasters on the community. The City has PC Staff Report
2025 Zone Text Amendment and General Plan Amendment
April 21, 2025
completed an update to its LHMP, which has been reviewed and approved by the Federal Emergency Management Agency (FEMA) as "approvable pending adoption." On April 8, 2025, the City Council approved the 2025 LHMP. By adopting the LHMP, the City will maintain compliance with Federal Emergency Management Agency (FEMA) requirements, ensuring continued eligibility for federal hazard mitigation and disaster relief funding, establish a foundation for future action to incorporate the LHMP into the Safety Element, and strengthen hazard mitigation planning to reduce disaster risks in the community.
Coinciding with this Zone Text Amendment, the proposed General Plan Amendment would update the reference to the LHMP and incorporate the newly adopted LHMP to the General Plan. This item is included in the above 2025 Zone Text Amendment Table as #43 GPA. The proposed General Plan amendment language is detailed in a redline/strikethrough and “clean version” documents included in this staff report as Attachments C and D.
ENVIRONMENTAL REVIEW
Pursuant to Sections 15162 and 15168(c)(2) of the State CEQA Guidelines, the proposed Zone Text Amendment and General Plan Amendment are within the scope of the Program Environmental Impact Report (State Clearinghouse (SCH) No. 2007111003) for the existing General Plan and within the scope of the Negative Declaration of the Safety Element Update (SCH No. 2021080292), and no further environmental review is required.
FINDINGS
Section 17.24.140 “Amendments—Commission findings and decision” of the Lancaster Municipal Code contains the following finding:
1. 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.
The proposed Zone Text Amendment and General Plan Amendment are consistent with the goals and policies of the General Plan. The project only consists of text amendments. No changes to the City’s General Plan and zoning designations, zoning map, or development densities are proposed. No construction or development is proposed as part of the project. The text amendments would result in clarifying the implementation of the goals, policies, and programs of the General Plan. The amendments would allow the City to continue establishing the fundamental framework to guide future decision-making about development, high quality design and general community wellbeing.
The Safety Element’s Disaster Preparedness and Evacuations goals contains the following action which states:
Action 4.8.1(c): Periodically update the City's Local Hazard Mitigation Plan and integrate the findings and mitigation actions/strategies into other City documents like the Capital Improvements Program, Infrastructure Master Plans, and other planning documents.
PC Staff Report
2025 Zone Text Amendment and General Plan Amendment
April 21, 2025
The proposed amendments are consistent with the goals and policies of the General Plan, specifically the Safety Element. It is the City’s responsibility to update the LHMP every five years as an ongoing effort to meet the evolving demands to foster a community with a strong sense of readiness to address emergency situations and activities. The amendments would ensure that the City is consistent with these goals and policies, while remaining compliant to State requirements, such as AB 2140.
LEGAL NOTICE
A notice of Public Hearing was posted in three places and published in Antelope Valley Press on April 1, 2025, as required by law.
RECOMMENDATION
Adopt Resolution No. 25-05 recommending approval to the City Council for Zone Text Amendment No. 25-001 (ZTA25-001) for the 2025 Zone Text Amendment to Titles 2, 8, 15, 16, and 17 of the Lancaster Municipal Code (LMC) and General Plan Amendment No. 25-001 for the update to the Safety Element of the General Plan to provide clarification, consistency, and compliance with City policies and State requirements.
Attachments:
A. Resolution No. 25-05
B. Draft City Council Ordinance
C. ZTA and GPA Redlines
D. ZTA and GPA Proposed Amendments
RESOLUTION NO. 25-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LANCASTER, CALIFORNIA RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR ZONE TEXT AMENDMENT NO. 25-001 FOR THE 2025 ZONE TEXT AMENDMENTS TO TITLES 2, 8, 15, 16, AND 17 OF THE LANCASTER MUNICIPAL CODE AND GENERAL PLAN AMENDMENT NO. 25-001 FOR THE
UPDATE TO THE SAFETY ELEMENT OF THE GENERAL PLAN TO PROVIDE
CLARIFICATION, CONSISTENCY, AND COMPLIANCE WITH CITY POLICIES AND STATE REQUIREMENTS.
WHEREAS, the Planning Commission has considered the proposed Zone Text Amendment No. 25- 001 (ZTA25-001) for the 2025 Zone Text Amendment to Titles 2, 8, 15, 16, and 17 of the Lancaster Municipal Code (LMC) and General Plan Amendment No. 25-001 for the update to the Safety Element of the General Plan to provide clarification, consistency, and compliance with City of Lancaster (City) policies and State requirements, as set forth and attached here to as Exhibit A and more fully described below (the “amendments”); and
WHEREAS, applicable law requires the Planning Commission to notice and hold a public hearing on the amendments and, following such hearing, to render a decision in the form of a written recommendation to the City Council; and
WHEREAS, the Planning Commission held a public hearing concerning the amendments on April 21, 2025, notice of which was published and provided as required by law; and WHEREAS, the Planning Commission finds that the proposed amendments are required for public health, safety, and general welfare, and that the amendments are consistent with the general objectives, principles, and standards of the General Plan;
WHEREAS, the Planning Commission now desires to recommend that the City Council adopt the Proposed Ordinance.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LANCASTER, DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS:
Section 1. That the foregoing Recitals are true, correct and a substantive part of this Resolution.
Section 2. That the Planning Commission hereby adopts the following finding pursuant to Section 17.24.150 of the LMC:
1. 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.
Section 3. That the proposed amendments are consistent with the City’s General Plan.
PC Resolution No. 25-05
April 21, 2025
Section 4. That pursuant to Sections 15162 and 15168(c)(2) of the State CEQA Guidelines, the proposed Zone Text Amendment and General Plan Amendment are within the scope of the Program Environmental Impact Report (State Clearinghouse (SCH) No. 2007111003) for the existing General Plan and within the scope of the Negative Declaration of the Safety Element Update (SCH No. 2021080292), and no further environmental review is required.
Section 5. That the Planning Commission hereby recommends the City Council approve and adopt the Proposed Ordinance.
Section 6. That Planning Commission staff is authorized and hereby directed to transmit this Resolution to the City Council as required by Section 65855 of the Government Code.
PASSED, APPROVED, and ADOPTED this 21st day of April 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
STEVEN DERRYBERRY, Vice-Chair
Lancaster Planning Commission
ATTEST:
PATTI GARIBAY, Director of Community Development
City of Lancaster
Attachments:
A. Exhibit A – Proposed Amendments
STAFF REPORT
City of Lancaster
NB 1
5/13/2025
TN
Date: May 13, 2025
To: Mayor Parris and City Council Members
From: Patti Garibay, Director - Community Development
Subject: Approve Annual Hardware and Software Costs for Community Preservation Vehicle Mounted Cameras and AI Services provided by City Detect Recommendation:
Approve Annual Hardware and Software Costs for Community Preservation Vehicle Mounted Cameras and AI Services provided by City Detect for an initial term of three (3) years.
G.C. Section 84308: No
Fiscal Impact:
$113,300 per year, total not to exceed $339,900 for the three-year proposal. The quote was sourced from SHI utilizing the Sourcewell – Technology Products and Solutions competitively bid contract number 121923-SHI. For the startup and year one cost the budget is allocated in 10124100.5710 and should be transferred to the IT Internal Service Fund 1121800.5361. Years two and three will be accounted for in the ISF budget during the annual process.
Background:
City Detect is an advanced AI platform designed to enhance staff services by analyzing images of properties to identify and map issues such as blight, damage, and graffiti. This technology transforms raw data into actionable insights, enabling staff to allocate resources more effectively.
Equipped with AI cameras mounted on parking enforcement vehicles and, eventually, street sweepers, City Detect significantly improves the efficiency of identifying and documenting code violations citywide. The platform provides comprehensive, up-to-date reports on property conditions, allowing for rapid and precise identification of blight. This capability enables city staff to proactively address problematic areas.
Additionally, City Detect offers valuable data analytics that support smarter urban planning initiatives. The insights gained from their reports inform decision-making and strategic planning, contributing to the development of safer and more attractive neighborhoods.
This proactive approach allows our Community Preservation team to automatically detect issues like blight and graffiti, reducing reliance on manual observations. Integrating City Detect into our operations represents a strategic opportunity for the City to enhance efficiency and improve community outcomes while saving time and manpower, especially crucial in areas facing staffing shortages.
Attachment:
SHI Quote-26048074
Pricing Proposal
Quotation #: 26048074
Created On: 4/7/2025
Valid Until: 10/31/2025
CA-City of Lancaster Account Executive
Joe Haggard
44933 N FERN AVENUE
ATTN: AP
Lancaster, CA 93534
United States
Phone: 6617236057
Fax:
Email: [email protected]
Ryan Heda
SHI HQ
290 Davidson Ave
Somerset, NJ 08873
Phone: 732-850-2735
Fax:
Email: [email protected]
All Prices are in US Dollar (USD)
Product Qty Your Price Total
1 PASS AI Vehicle Mounted DCU (DataCollectionUnit) 36 PASS AI Vehicle Mounted DCU (Data Collection Unit) (Price per one DCU Data Collection Unit for Mounting to Vehicle Installation and service included (Year 1)
City Detect - Part#:
Contract Name: Sourcewell- Technology Products & Solutions Contract #: 121923-SHI
Coverage Term: 6/1/2025 – 5/31/2026
Note: Sofwtare, ESD
4 $9,711.43 $38,845.72
2 PASS A Public Works Data Collection and Processing 36 Pass AI Public Works Data Collection and Processing (add 1 per DCU) Data Transfer from DCU to Cloud and AI Processing for one DCU for Public Works Data (Year 1)
City Detect - Part#:
Contract Name: Sourcewell- Technology Products & Solutions Contract #: 121923-SHI
Coverage Term: 6/1/2025 – 5/31/2026
Note: Sofwtare, ESD
4 $0.00 $0.00
3 PASS AI Code Enforcement Data Collection and Processing (DCP) 36 PASS AI Code Enforcement Data Collection and Processing (add 1 per DCU) Data Transfer from DCU to Cloud (Year 1)
City Detect - Part#:
Contract Name: Sourcewell- Technology Products & Solutions Contract #: 121923-SHI
Coverage Term: 6/1/2025 – 5/31/2026
Note: Sofwtare, ESD
4 $13,757.86 $55,031.44
4 PASS AI Web App 36 PASS AI Web App (add 1 per DCU) Access to Web App for unlimited users for one DCU - 36 Month Term (Year 1)
City Detect - Part#:
Contract Name: Sourcewell- Technology Products & Solutions Contract #: 121923-SHI
Coverage Term: 6/1/2025 – 5/31/2026
Note: Sofwtare, ESD
4 $4,855.71 $19,422.84
5 PASS AI Vehicle Mounted DCU (DataCollectionUnit) 36 PASS AI Vehicle Mounted DCU (Data Collection Unit) (Price per one DCU Data Collection Unit for Mounting to Vehicle Installation and service included (Year 2)
4 $9,711.43 $38,845.72
City Detect - Part#:
Contract Name: Sourcewell- Technology Products & Solutions Contract #: 121923-SHI
Coverage Term: 6/1/2026 – 5/31/2027
Note: Sofwtare, ESD
6 PASS A Public Works Data Collection and Processing 36 Pass AI Public Works Data Collection and Processing (add 1 per DCU) Data Transfer from DCU to Cloud and AI Processing for one DCU for Public Works Data (Year 2)
City Detect - Part#:
Contract Name: Sourcewell- Technology Products & Solutions Contract #: 121923-SHI
Coverage Term: 6/1/2026 – 5/31/2027
Note: Sofwtare, ESD
4 $0.00 $0.00
7 PASS AI Code Enforcement Data Collection and Processing (DCP) 36 PASS AI Code Enforcement Data Collection and Processing (add 1 per DCU) Data Transfer from DCU to Cloud (Year 2)
City Detect - Part#:
Contract Name: Sourcewell- Technology Products & Solutions Contract #: 121923-SHI
Coverage Term: 6/1/2026 – 5/31/2027
Note: Sofwtare, ESD
4 $13,757.86 $55,031.44
8 PASS AI Web App 36 PASS AI Web App (add 1 per DCU) Access to Web App for unlimited users for one DCU - 36 Month Term (Year 2)
City Detect - Part#:
Contract Name: Sourcewell- Technology Products & Solutions Contract #: 121923-SHI
Coverage Term: 6/1/2026 – 5/31/2027
Note: Sofwtare, ESD
4 $4,855.71 $19,422.84
9 PASS AI Vehicle Mounted DCU (DataCollectionUnit) 36 PASS AI Vehicle Mounted DCU (Data Collection Unit) (Price per one DCU Data Collection Unit for Mounting to Vehicle Installation and service included (Year 3)
City Detect - Part#:
Contract Name: Sourcewell- Technology Products & Solutions Contract #: 121923-SHI
Coverage Term: 6/1/2027 – 5/31/2028
Note: Sofwtare, ESD
4 $9,711.43 $38,845.72
10 PASS A Public Works Data Collection and Processing 36 Pass AI Public Works Data Collection and Processing (add 1 per DCU) Data Transfer from DCU to Cloud and AI Processing for one DCU for Public Works Data (Year 3)
City Detect - Part#:
Contract Name: Sourcewell- Technology Products & Solutions Contract #: 121923-SHI
Coverage Term: 6/1/2027 – 5/31/2028
Note: Sofwtare, ESD
4 $0.00 $0.00
11 PASS AI Code Enforcement Data Collection and Processing (DCP) 36 PASS AI Code Enforcement Data Collection and Processing (add 1 per DCU) Data Transfer from DCU to Cloud (Year 3)
City Detect - Part#:
Contract Name: Sourcewell- Technology Products & Solutions Contract #: 121923-SHI
Coverage Term: 6/1/2027 – 5/31/2028
Note: Sofwtare, ESD
4 $13,757.86 $55,031.44
12 PASS AI Web App 36 PASS AI Web App (add 1 per DCU) Access to Web App for unlimited users for one DCU - 36 Month Term (Year 3)
City Detect - Part#:
Contract Name: Sourcewell- Technology Products & Solutions 4 $4,855.71 $19,422.84
Contract #: 121923-SHI
Coverage Term: 6/1/2027 – 5/31/2028
Note: Sofwtare, ESD
Subtotal $339,900.00
Shipping $0.00
*Tax $0.00
Total $339,900.00
*Tax is estimated. Invoice will include the full and final tax due.
Additional Comments
Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date listed above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract Number when submitting a Purchase Order. For any additional information including Hardware, Software and Services Contracts, please contact an SHI Inside Sales Representative at (888) 744-4084. SHI International Corp. is 100% Minority Owned, Woman Owned Business. TAX ID# 22-3009648; DUNS# 61-1429481; CCR# 61-243957G; CAGE 1HTF0 Year 1 : $113,300 Payment Net 30 from purchase date
Year 2 : $113,300 Payment Net 30 one year after original purchase date Year 3 : $113,300 Payment Net 30 two years after original purchase date Customer may terminate this Agreement prior to the expiration of the three-year term if Customer experiences a loss of funding that prevents continued performance. Customer must provide written notice to SHI along with documentation evidencing such funding loss. Upon such termination, Customer shall pay for all services rendered through the termination date and shall have no obligation to make any further annual payments. Similarly, SHI shall have no obligation to make further payments to its vendors/suppliers for the terminated portion of the Agreement. Customer shall be responsible for any reasonable costs associated with early termination, including uninstallation and wrap-up costs. This termination right applies solely to bona fide loss of funding scenarios and not for Customer's convenience.
The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under that applicable line item.
For use with Licenses, Permits, POs, and RFPs
California Levine Act Statement
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any Lancaster official from participating in any action related to a contract or application if he or she receives any political contributions totaling more than $250 within the previous twelve months, and for twelve months following the date a final decision is rendered.
The Levine Act also requires a Lancaster City official who has received such a contribution to disclose the contribution on the record of the proceeding.
Current Lancaster City Council Members are listed at:
https://www.cityoflancasterca.org/government/city-officials/city-council-copy Current Planning Commissioners are listed at:
https://www.cityoflancasterca.org/government/commissions-appointments/planning Proposers are responsible for accessing this link to review the names prior to answering the following questions.
1. Have you or your company, or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $250 to any Lancaster City Council Member or other city official in the 12 months preceding the date of the submission of your proposal or application, or the anticipated date of any Council action?
YES If yes, please identify the Council Member(s)/city official(s):
NO
2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $250 to any Lancaster City Council Member or other city official in the 12 months following any Council action related to your proposal or application? YES If yes, please identify the Council Member(s) /city official(s):
NO (Please note that if this is a contract lasting more than one (1) year that you must update this form if there are any contributions made after the contract is awarded) Answering yes to either of the two questions above does not preclude the Lancaster City Council from awarding a contract or approving an application or any subsequent action. It does however, preclude the identified Council Member (s) from participating in any actions related to your proposal or application. _________________ _____________________________
Date Signature of authorized individual
_____________________________
Company/Applicant Name
XXX
XXX
05/09/2025
City Detect, Inc. / Michael Caplan
STAFF REPORT
City of Lancaster
NB 2
5/13/2025
TN
Date: May 13, 2025
To: Mayor Parris and City Council Members
From: Rodrick Armalin, Chief of Police - Lancaster Police Department Allison E. Burns, City Attorney
Subject: Urgency Ordinance No. ____ Accepting the Requirements of Section 13510(c) and 13522, and 13512 of the Penal Code Relating to the Recruitment and Training Standards of Law Enforcement Officers and Public Safety Dispatchers Recommendation:
Introduce and adopt Urgency Ordinance No. ____ Accepting the Requirements of Section 13510(c) and 13522, and 13512 of the Penal Code Relating to the Recruitment and Training Standards of Law Enforcement Officers and Public Safety Dispatchers.
G.C. Section 84308: No
Fiscal Impact:
None
Background:
Introduce and Adopt Urgency Ordinance No. ____ Accepting the Requirements of Section 13510(c) and 13522, and 13512 of the Penal Code relating to the Recruitment and Training Standards of Law Enforcement Officers and Public Safety Dispatchers.
This ordinance is a necessary step to (i) allow the City of Lancaster to receive aid from the State related to Police Department personnel recruitment and training, and (ii) become certified as a Commission on Peace Officer Standards and Training (POST) agency.
Attachment:
Ordinance No. ____
URGENCY ORDINANCE NO. ____
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LANCASTER, CALIFORNIA, ACCEPTING
THE REQUIREMENTS OF SECTION 13510(c) AND 13522,
AND 13512 OF THE PENAL CODE RELATING TO THE
RECRUITMENT AND TRAINING STANDARDS OF LAW
ENFORCEMENT OFFICERS AND PUBLIC SAFETY
DISPATCHERS
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: The City Council of the City of Lancaster declares that it desires to qualify to receive aid from the State of California under the provision of Section 13522, Chapter 1 of Title 4, Part 4 of the California Penal Code.
Section 2: Pursuant to Penal Code Section 13510(c), Chapter 1 of Title 4, Part 4 of the California Penal Code, the City of Lancaster will adhere to the standards for recruitment and training established by the Commission on Peace Officer Standards and Training (POST) for Peace Officers and Public Safety Dispatchers.
Section 3: Pursuant to Section 13512, Chapter 1 of Title 4, Part 4 of the California Penal Code, the Commission and its representatives may make such inquiries as deemed necessary to ascertain that peace officer and public safety dispatch personnel of the City of Lancaster adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training.
Section 4. This Ordinance is hereby declared an urgency measure pursuant to section 36937(b) of the California Government Code and shall be effective immediately upon adoption by a four-fifths (4/5) vote of the City Council.
Section 5. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and will see that it is published and posted in the manner required by law.
Urgency Ordinance No. ____
I, Andrea Alexander, City Clerk of the City of Lancaster, do hereby certify that the foregoing ordinance was introduced and adopted as an urgency ordinance at a regular meeting of the City Council on the ____ day of ___________, 20__ by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES }ss
CITY OF LANCASTER }
CERTIFICATION OF ORDINANCE
CITY COUNCIL
I, ________________________________, ___________________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Urgency Ordinance No. ____, for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of ________________, ________.
(seal)
___________________________________
STAFF REPORT
Lancaster Housing Authority
HA CC 1
5/13/2025
TN
Date: May 13, 2025
To: Chair Parris and Housing Authority Members
From: Patti Garibay, Director - Community Development
Nicole Jones, Senior Analyst - Community Development
Subject: Approve Amendment No. 1 to Agreement with LDM Associates, Inc. to Support the Administrative and Implementation Services for the Housing Rehabilitation Program
Recommendation:
1. Approve Amendment No. 1 to Professional Services Agreement with LDM Associates, Inc. to support the Administrative and Implementation Service for the Housing Rehabilitation Program, increase the not to exceed amount to $603,226, and extend through March 29, 2026.
2. Authorize the Executive Director, or his designee, to execute all related documents.
G.C. Section 84308: No
Fiscal Impact:
$393,226. Sufficient funds are available in accounts 31422000.5710 ($133,226) and 10122000.5312 ($60,000) for the cost of services rendered in the current fiscal year ($193,226).
Services rendered in fiscal year 2025-2026 shall be budgeted from the low/mod fund through the annual budget process.
Background:
The City recognizes the necessity of living in a safe and functional environment. Where possible, the City seeks to assist households in the rehabilitation of their homes. Specifically, this program seeks to assist eligible low-income homeowners with financial assistance to support rehabilitation opportunities. Since 2023, the City of Lancaster has successfully implemented the Housing Rehabilitation Program that includes loans and grants for emergency repairs, mobile home repairs, minor repairs and accessibility needs, major repairs, turf replacement, and beautification.
In March 2023, pursuant to LDM Associates, Inc.’s (“LDM”) response to the City’s Request for Proposals, the City entered into a Professional Services Agreement with LDM for administrative services in support of the program. The term of the Professional Services Agreement was one year commencing on March 29, 2023, with two one-year extensions available.
The amendment to the professional services agreement with LDM will allow the City to continue utilizing its services to implement and provide administrative services for the program. Some of LDM’s responsibilities include, but are not limited to, finalizing the program design, marketing and outreach, application intake and management, reporting and monitoring the program data, and attending meetings as required to properly administer the program.
Funding for the proposed agreement, as well as for the program itself, will be sourced from grant funds designed for affordable housing uses such as this.
Attachments:
1. Lancaster Housing Rehabilitation Program LDM Professional Services Agreement Amendment No.1_05.2025
2. Lancaster Housing Rehabilitation Program LDM Professional Services Agreement 2023_SIGNED
Rev 1/2019
AGREEMENT AMENDMENT NO. 1 FOR PROFESSIONAL SERVICES
This Amendment (“Amendment No. 1”) is hereby entered into effective May 13, 2025 by and between the City of Lancaster, a Municipal Corporation, in the State of California, and LDM Associates, Inc., a California Corporation, (“CONSULTANT”) with respect to the Professional Services Agreement between the parties dated March 29, 2023 (“Agreement”).
The Parties agree as follows:
1. RECITALS, D. “Term” is amended to now continue in full force and effect through March 29, 2026.
2. Section 2: COMPENSATION, 2.1 “Maximum Contract Amount” in the “Agreement” is amended to an amount not to exceed $603,226 for all work necessary to complete the Scope of Services in accordance with the Schedule of Compensation, as described in the original “Agreement” on page 66 of the Consultant’s Proposal and in the Additional Scope of Work attached to this “Amendment No. 1” as “Exhibit A”. This not-to-exceed amount will complete services rendered through the FY25-26 program year.
3. All other terms and provisions of the Agreement and subsequent amendments are hereby reaffirmed.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.
CITY OF LANCASTER LDM ASSOCIATES, INC.
______________________ _______________________________
Trolis Niebla, City Manager Rudy Munoz, Vice President
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CONTRACT SUBMISSION APPROVAL:
Department Head
6608 Gilfillan Drive ▪ Fontana ▪ California 92336 (909) 355-1330 April 23, 2025
Christopher Aune
Housing Manager
City of Lancaster
44933 Fern Avenue
Lancaster, CA 93534
Subject: Request for Extension and Budget Adjustment - HRP Administration Dear Mr. Aune,
I am writing to formally request an extension of the Housing Rehabilitation Program Administration contract between the City of Lancaster and LDM Associates, Inc., originally established under Professional Services Agreement dated March 29, 2023. Additionally, we request an increase in the contract amount to align with the 20% administrative allocation of the program budget under the LDM contract.
The original LDM contract amount of $210,000 was based on LDM Associates’ proposal, which included $10,000 for the preparation of program guidelines and policies and procedures in addition to $200,000 for the day-to-day administration and implementation of the Housing Rehabilitation Program, reflecting 20% of the initial $1,000,000 program budget.
Since that time, the City has allocated additional funding, including $300,000 for the Turf Replacement and Beautification Program and additional CDBG program funds, bringing the total program budget to $1,966,132 ($1,666,132 in CDBG+$300,000 in TRBP). Given this adjustment, we respectfully request a revision to the contract amount to reflect the 20% administration and implementation cost proposal submitted and increasing the LDM contract budget to $193,226, which represents 20% of the additional $966,132 in program funds.
Furthermore, the City is proposing to fund the Housing Rehabilitation Program for the 2025-26 program year with an additional $1,000,000 budget. If the City chooses to extend LDM’s contract to include these services, an additional $200,000 would be required, increasing the contract by $393,226. However, for the current program year, the immediate requested increase is $193,226.
We appreciate the opportunity to continue assisting the City of Lancaster in implementing this vital program and look forward to discussing this request further. Please let us know how we can proceed with the necessary amendments to the agreement or if you have any questions regarding this request.
Thank you for your time and consideration.
Sincerely,
Rudy Muñoz
Senior Vice President
DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98
CITY OF LANCASTER
REQUEST FOR PROPOSAL 784-23 (Rebid of 783-23)
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into as of this 29th day of March, 2023, by and between CITY OF LANCASTER, a municipal corporation and Charter City, (hereinafter referred to as “City”) and LDM Associates, Inc., a California Corporation, (hereinafter referred to as “Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”
RECITALS
A.
the new Housing Rehabilitation Program.
B. Consultant has submitted to City a proposal to provide certain professional services City has determined that there is a need for administrative and implementation services for (“Services”) related to the Project, which is attached hereto as Exhibit “A” and incorporated herein (“Scope of Services”) for the Project.
C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide the Services and agrees to provide the Services pursuant and subject to the terms and conditions of this Agreement.
D. The term (“Term”) of this Agreement is one (1) year with an option to extend the agreement for two (2) one-year extensions, commencing on March 29th, 2023.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1 SERVICES OF CONSULTANT
1.1. Scope of Services. Consultant shall provide the Services described in the Scope of Services, subject to the terms and conditions of this Agreement. Consultant acknowledges that funds awarded to City under the HOME program will be used to pay for the Services. Consultant services are funded by the City of Lancaster’s HOME (CFDA 14.239) grant programs. Contractor agrees to and shall provide the Services in accordance with all applicable HOME program regulations, including Part 92 of Title 24 of the Code of Federal Regulations. If HOME program funds will be used to fund only a certain portion of the Services, those Services shall be designated or identified on the Scope of Services.
Consultant is subject to the requirements in 24 CFR Part 92 that are applicable to the City, except §92.505 (Uniform Administrative Requirements) and §92.506 (Audit) do not apply, and Consultant cannot assume the participating jurisdiction responsibilities for environmental review, decision making, and action under §92.352. Consultant is responsible for providing services in accordance with 92.350 Other Federal requirements and nondiscrimination,
92.351 Affirmative marketing; minority outreach program; 92.353 Displacement, relocation, and 1 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 acquisition; 92.355 Lead-based paint; and 92.356 Conflict of Interest. If the scope of work includes administration of TBRA or rental housing and City requires Consultant to be responsible for any notice obligations and any obligations under the emergency transfer plan, the VAWA requirements under §92.359 shall apply.
Consultant represents and warrants to City that Consultant is a provider of firstclass work and professional services, and that Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Services required hereunder. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced professionals performing similar work under similar circumstances.
Project deliverables shall be reviewed and approved by City to determine acceptable completion. City shall have the right to review and inspect the Services during the course of its performance at such times as may be determined by City.
1.2. Contract Documents. This Agreement consists of and incorporates all of the following (which are collectively referred to as the “Contract Documents”): (1) this Agreement (including all exhibits); (2) City’s Request for Proposals; and (3) Consultant’s signed, original proposal submitted to City (“Consultant’s Proposal”). All provisions of the Contract Documents shall be binding on the Parties. Should any conflict or inconsistency exist between or among Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the provisions of the Scope of Services; (2nd) the provisions of City’s Request for Proposal; (3rd) the provisions of this Agreement; and, (4th) the provisions of Consultant’s Proposal.
1.3. Compliance with Law. Consultant represents and warrants to City that all Services rendered hereunder shall be performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder.
1.4. Licenses, Permits, Fees and Assessments. Consultant represents and warrants to City that it has obtained all licenses (including a City Business License), permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant's performance of the Services required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder.
1.5. Familiarity with Work. Consultant represents and warrants to City that Consultant (a) has thoroughly investigated and considered the Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, 2 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant represents and warrants to City that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from City.
1.6. Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to any site where the Services are performed and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City's own negligence.
1.7. Further Responsibilities of Parties. The Parties agree to and shall use reasonable care and diligence to perform their respective obligations under this Agreement. The Parties agree to and shall act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.
1.8. Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from the Scope of Services. No such extra work may be undertaken unless a written order is first given by City to Consultant, incorporating therein any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of Consultant. Any increase in compensation of up to ten percent (10%) of the Maximum Contract Amount, as set forth in Section 2.1 of this Agreement, may be approved by the City Manager, or his or her designee, as may be needed to perform any extra work. Any increases, occurring either separately or cumulatively which exceed the City Manager’s approval authority must be approved by the Lancaster City Council. It is expressly understood by Consultant that the provisions of this section shall not apply to Services specifically set forth in the Scope of Services or reasonably contemplated therein, regardless of whether the time or materials required to complete any such Services exceeds any time or material amounts or estimates provided therein. 2 COMPENSATION
2.1. Maximum Contract Amount. For the Services rendered pursuant to this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation (“Schedule of Compensation”), located on page 66 of the Consultant’s Proposal, which is attached hereto as Exhibit “B” and is incorporated herein; provided, however, that the amount paid to Contractor under this Agreement shall not exceed the amount two hundred ten thousand dollars ($210,000.00) ("Maximum Contract Amount"), except as may be provided pursuant to Section 1.8 above. The method of compensation shall be as set forth in the Schedule of Compensation. Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer 3 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 designated pursuant to Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Consultant at all Project meetings reasonably deemed necessary by City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending such meetings. Consultant hereby acknowledges that it accepts the risk that the Services identified in the Scope of Services may be more costly and/or time-consuming than Consultant anticipates, that Consultant shall not be entitled to additional compensation therefore, and that the provisions of Section 1.8 shall not be applicable to the Services identified in the Scope of Services. The Maximum Contract Amount shall be the maximum amount of City’s payment obligations under this Agreement. If the Maximum Contract Amount is reached before Consultant’s Services under this Agreement are completed, Consultant shall nevertheless complete the Services without liability on City’s part for further payment.
2.2. Method of Payment. Consultant shall submit to City, in a form approved by the Contract Officer, an invoice for Services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the Services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by City. City shall use reasonable efforts to make payments to Consultant within thirty (30) days after receipt of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one payment per month.
2.3. Changes in Scope. In the event any change or changes in the Scope of Services is requested by City or Consultant, the Parties shall execute a written amendment to this Agreement setting forth with particularity all terms of such amendment, including, but not limited to, any additional compensation. An amendment shall be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.
2.4. Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefor by the Lancaster City Council for each fiscal year covered by this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty or any liability whatsoever to City.
3 SCHEDULE OF PERFORMANCE
3.1. Time is of the Essence. Time is of the essence in the performance of this Agreement. The time for completion of the Services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Services of this Agreement according to the agreed upon Schedule of Performance described in Section 3.2.
3.2. Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed given by City, and shall perform all Services within one (1) year. When requested4by Consultant, extensions to the time period(s) DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, City shall not be obligated to grant such an extension.
3.3. Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section.
Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect for one (1) year for Services. The contract may be extended for an additional two (2) one-year terms upon mutual agreement in writing by both parties.
3.4. Termination Prior to Expiration of Term. City may terminate this Agreement in for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by City. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the Contract Officer. After such notice, Consultant shall have no further claims against City under this Agreement. Upon termination of the Agreement under this section, Consultant shall submit to City an invoice for work and Services performed prior to the date of termination. Consultant may terminate this Agreement, with or without cause, upon sixty (60) days written notice to City, except that where termination is due to material default by City, the period of notice may be such shorter time as Consultant may determine. 4 COORDINATION OF WORK
4.1. Representative of Consultant. The following representative of Consultant is hereby designated as being the main point of contact of Consultant authorized to act on its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Rudy Munoz. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing representative is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing representative shall be 5 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing representative may not be changed by Consultant without prior written approval of the Contract Officer.
4.2. Contract Officer. The “Contract Officer” shall be such person as may be designated by the City Manager, and is subject to change by the Housing Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.
4.3. Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Scope of Services will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City.
4.4. Independent Contractor.
A. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the 6 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 selection, discharge, supervision, or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.
B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.
C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of the Scope of Services under this Agreement.
City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing the Scope of Services hereunder. 5 INSURANCE
5.1. Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Scope of Services hereunder by Consultant, its agents, representatives, or employees. In the event the City Manager determines that the Scope of Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee.
Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows:
Insurance shall be maintained for the length of the contract with insurers listed “A-, VIII” or better in the Best's Key Rating Guide, for the amounts listed below:
Commercial General Liability
Each Occurrence
Per Project General Aggregate
$1,000,000
$2,000,000
Including Products/Completed Operations
Including Contractual Liability/Independent Contractors Including Broad Form Property Damage
Commercial Automobile Liability
Combined Single Limit per Accident for Bodily Injury and Property Damage $1,000,000 7 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 Workers Compensation
As Required by the State of California Statutory
Employer's Liability
Each Accident
Bodily Injury by Disease
$1,000,000
$1,000,000
Professional Liability/Cyber Liability (Errors and Omissions) Each Occurrence
General Aggregate
$1,000,000
$1,000,000
Coverage needs to be on a per project basis. Not per policy unless waived by Risk Management. Insurance shall be at least as broad as ISO form CG 20 10 11 85 or CG 20 10 07 04 and CG 20 37 07 04 (or equivalent) covering Commercial General Liability.
Commercial Automobile coverage shall be at least as broad as ISO form CA 00 01.
A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation/Employers Liability policies and must accompany the certificate.
All insurance shall be primary and non-contributory as respects the City insured entities. Any insurance or self-insurance maintained by the City insured entities shall be in excess of the CONSULTANT'S insurance and shall not contribute with it.
List in the "Certificate Holder" section:
The City of Lancaster
44933 Fern Avenue, Lancaster, California 93534.
List in the “Description of Operations” box (unless it fits in the Certificate Holder section):
“The City of Lancaster, its elected officials, officers, employees, and volunteers are included as additional covered parties, but only insofar as the operations under this contract are concerned.” List in the "Cancellation" section:
Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail thirty (30) written notice (10 days written notice for non-payment) to the Certificate Holders named to the left.
6 INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant’s sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents, attorneys, and volunteers and all other public agencies whose approval of the Project is required, (individually “Indemnified Party”; collectively “Indemnified Parties”) against any and all liabilities, claims, judgments, arbitration awards, settlements, costs, demands, orders, and penalties (collectively “Claims”), including but not limited to Claims arising from injuries or death of persons (Consultant’s employees included) and damage to property, which Claims arise 8 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 out of, pertain to, or are related to the negligence, recklessness, or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant’s negligent, reckless, or willful performance of or failure to perform any term, provision, covenant, or condition of this Agreement (“Indemnified Claims”), but Consultant’s liability for Indemnified Claims shall be reduced to the extent such Claims arise from the sole negligence or willful misconduct of City, its elected officials, officers, employees, agents, attorneys and volunteers.
Consultant shall reimburse the Indemnified Parties for any reasonable expenditure, including reasonable attorneys’ fees, expert fees, litigation costs, and expenses that each Indemnified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified Party, Consultant shall defend with legal counsel reasonably acceptable to the Indemnified Party all Claims against the Indemnified Party that may arise out of, pertain to, or relate to Indemnified Claims, whether or not Consultant is named as a party to the Claim proceeding. The determination whether a Claim “may arise out of, pertain to, or relate to Indemnified Claims” shall be based on the allegations made in the Claim and the facts known or subsequently discovered by the Parties.
In the event a final judgment, arbitration award, order, settlement, or other final resolution expressly determines that Claims did not arise out of, pertain to, nor relate to the negligence, recklessness, or willful misconduct of Consultant to any extent, then City shall reimburse Consultant for the reasonable costs of defending the Indemnified Parties against such Claims, except City shall not reimburse Consultant for attorneys’ fees, expert fees, litigation costs, and expenses that were incurred defending Consultant or any parties other than Indemnified Parties against such Claims.
Consultant’s indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified hereunder are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7 REPORTS AND RECORDS
7.1. accounts
Accounting Records. Consultant shall keep complete, accurate, and detailed of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2. Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant 9 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
7.3. Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and City shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.
7.4. Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.
7.5. Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
8 ENFORCEMENT OF AGREEMENT
8.1. California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California.
8.2. Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the 10 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3. Default of Consultant.
A. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.
B. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section 3.5.
C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.3. B., take over the Services and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided herein.
8.4. Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.
8.5. Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the 11 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 same default or any other default by the other Party.
8.6. Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 9 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1. Non-liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2. Conflict of Interest. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Consultant represents and warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement.
9.3. Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, disability, medical condition, sexual orientation, or national origin. Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
9.4. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
10 MISCELLANEOUS PROVISIONS
10.1. Patent and Copyright Infringement.
12 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 A. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall not be obligated to indemnify City under any settlement made without Consultant’s consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.
10.2. Davis-Bacon Act. When required by Federal program legislation, Contractor shall comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, Contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. City shall report all suspected or reported violations to the HUD. The Contractor shall comply with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that the Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. City shall report all suspected or reported violations to the HUD.
10.3. Contract Work Hours and Safety Standards Act. Where applicable, contracts in excess of $100,000 that involve the employment of mechanics or laborers shall comply with the provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. § 3702 of the Act, the Contractor shall compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is 13 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
10.4. Rights to Inventions Made Under a Contract or Agreement. If the HOME award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
10.5. Clean Air Act and the Federal Water Pollution Control Act. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
10.6. Debarment and Suspension. A contract award (see 2 CFR § 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
10.7. Byrd Anti-Lobbying Amendment. Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
10.8. Domestic preferences for procurements.
A. As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The 14 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.
B. For purposes of this section:
(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
10.9. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:
To City: City of Lancaster
Christopher Aune
44933 Fern Ave
Lancaster, California 93534
(661) 723-5870
Attention:
Telephone:
Attention:
Telephone:
To Consultant: LDM Associates, Inc.
Rudy Munoz
10722 Arrow Route, Suite 822
Rancho Cucamonga, CA 91730
(909)476-6006
10.10. Entire Agreement. This Agreement, including all Contract Documents, constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
10.11. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision 15 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.12. Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.13. Third Party Beneficiary. Except as may be expressly provided for herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.
10.14. Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledge and agree that such Party is bound, for purposes of this Agreement, by the same.
10.15. Corporate Authority. Each of the undersigned represents and warrants that:
A.
existing,
the Party for which he or she is executing this Agreement is duly authorized and B. he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing,
C. by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and
D. the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. [SIGNATURES ON FOLLOWING PAGE]
16 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed and attested by their respective officers thereunto duly authorized.
CITY OF LANCASTER
LANCASTER, CALIFORNIA
B _________________
Jason Caudle, City Manager
September 17, 2023 | 1:22:24 PM PDT Dated: ___________________________ LDM ASSOCIATES, INC.
RANCHO CUCAMONGA, CALIFORNIA
B ___________________
Rudy Munoz, Senior Executive Vice President
September 11, 2023 | 4:41:40 PM PDT Dated: ___________________________ ATTEST:
Andr Al x nder, City Clerk
Kathleen Stenback, Deputy City Clerk
APPROVED AS TO FORM:
Risk
Management
Approval
X
Allison E. Burns, Esq.
City Attorney
DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98
STAFF REPORT
City of Lancaster
CC
{{item.num
ber}}
3/28/2023
JC
Date:
To:
March 28, 2023
Mayor Parris and City Council Members
From: Larissa De La Cruz, Director – Community Development Chenin Dow, Assistant Director - Real Estate & Economic Development Christopher Aune, Housing Manager - Real Estate & Economic Development Subject: Agreement with LDM Associates, Inc. to Aide in the Administrative and Implementation Services for the Housing Rehabilitation Program Recommendations:
1. Approve a Professional Services Agreement with LDM Associates, Inc. (LDM) to aide in the Administrative and Implementation Service for the Housing Rehabilitation Program for a period of one (1) year with the option of two (2) one-year extensions.
2. 3.
Appropriate $210,000.00 in Community Development Block Grant (CDBG) funding from Fund Balance account number 361-2900-000 to expenditure account 361-4792-770.
Authorize the Executive Director, or his designee, to execute all related documents.
Fiscal Impact:
$210,000.00. The Professional Services Agreement with LDM is an allowable expense for administrative fees as written in the United States Department of Housing and Urban Development (HUD) Guidelines. With these actions, sufficient funds will be available in Account No. 361- 4792-770.
Background:
The City recognizes the necessity of living in a safe and functional environment. Where possible, the City seeks to assist households in the rehabilitation of their homes. Specifically, this program seeks to assist eligible low-income homeowners with financial assistance to support rehabilitation opportunities. The City of Lancaster is creating a Housing Rehabilitation Program that will include loans and grants for emergency repair, mobile home repair, minor repairs and accessibility needs, major repair, turf replacement, and beautification.
DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 The professional services agreement with LDM will allow the City to utilize its services to implement and provide administrative services for the program. Some of LDM’s responsibilities include, but are not limited to, finalizing the program design, marketing and outreach, application intake and management, reporting and monitoring the program data, and attending meetings as required to properly administer the program.
Funding for the proposed agreement, as well as for the program itself, will be sourced from grant funds designed for affordable housing uses such as this.
CA/sm
Attachment:
LDM Associates, Inc. Professional Services Agreement
DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 NAME OF INSURED: LDM ASSOCIATES INC
POLICY NUMBER: 92-J9-L481-1
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY
ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization: City of Lancaster, including elected or appointed officials, directors, officers, agents, employees, volunteers or contractors. (if no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your use of premises owned or leased by the additional insured.
The insurance provided by this policy shall be primary as respects any claims related to any activities, anywhere and any insurance, pooled coverage, or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or contractors shall not contribute to it.
________________________________
Authorized Signature
DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
6/22/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
CONTACT PRODUCER Kasey Heupel
13037563418
NAME: The Buckner Company of Colorado PHONE
6400 S. FIDDLERS GREEN CIRCLE, SUITE 950
Greenwood Village CO 80111
FAX
(A/C, No, Ext): (A/C, No):
E-MAIL
ADDRESS: [email protected]
INSURER(S) AFFORDING COVERAGE NAIC #
License#: 480397 INSURER A : Hanover Insurance Company 22292 INSURED LDMASSO-01 INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
LDM Associates,Inc.
10722 Arrow Route, Suite 822
Rancho Cucamonga CA 91730
COVERAGES CERTIFICATE NUMBER:1562059849 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
ADDL SUBR
INSD WVD
POLICY EFF POLICY EXP TYPE OF INSURANCE POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE
DAMAGE TO RENTED
$
$
$
$
$
CLAIMS-MADE OCCUR PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE
PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG $
$ OTHER:
COMBINED SINGLE LIMIT
(Ea accident) AUTOMOBILELIABILITY $
$
$
$
$
ANY AUTO BODILY INJURY (Per person)
OWNED SCHEDULED
AUTOS
NON-OWNED
AUTOS ONLY
BODILY INJURY (Per accident) AUTOS ONLY
HIRED PROPERTY DAMAGE
AUTOS ONLY (Per accident)
UMBRELLA LIAB
EXCESS LIAB
OCCUR EACH OCCURRENCE
AGGREGATE
$
$
$
CLAIMS-MADE
DED RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
PER OTHSTATUTE ER Y / N
E.L. EACH ACCIDENT $
$
$
N / A
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
If yes, describe under
DESCRIPTION OF OPERATIONS below
A Professional Liability LH4J00613400 7/1/2023 7/1/2024 Aggregate Per Claim
2,000,000
$2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
City of Lancaster
44933 Fern Avenue
Lancaster CA 93534 AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 LDMASSO-01 AMARIN
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
6/30/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Aaron Marin NAME:
Amorelli, Rosemann, & Associates
3110 E. Guasti Road
Suite 500
PHONE FAX
(A/C, No): (909) 660-3903
[email protected]
(A/C, No, Ext):
E-MAIL
ADDRESS:
Ontario, CA 91761
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A :Security National Insurance Company 19879
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
INSURED
LDM Associates, Inc
10722 Arrow Rte, Ste 822
Rancho Cucamonga, CA 91730
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
ADDL SUBR
INSD WVD
POLICY EFF POLICY EXP TYPE OF INSURANCE POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE
DAMAGE TO RENTED
$
CLAIMS-MADE OCCUR PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
$
$
$
$
$
$
$
$
$
$
$
$
$
$
GEN'L AGGREGATE LIMIT APPLIES PER:
PRO- POLICY
OTHER:
JECT LOC PRODUCTS - COMP/OP AGG
COMBINED SINGLE LIMIT
(Ea accident) AUTOMOBILE LIABILITY
ANY AUTO
OWNED
BODILY INJURY (Per person)
SCHEDULED
AUTOS ONLY
HIRED
AUTOS BODILY INJURY (Per accident)
NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY (Per accident)
UMBRELLA LIAB
EXCESS LIAB
OCCUR EACH OCCURRENCE
AGGREGATE CLAIMS-MADE
DED RETENTION $
A X
PER
STATUTE
OTHER
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
Y
SWC1447339 7/1/2023 7/1/2024 1,000,000
1,000,000
1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE X
OFFICER/MEMBER EXCLUDED?
E.L. EACH ACCIDENT $
$
$
N / A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
If yes, describe under
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) *********PROOF OF COVERAGE*********
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Lancaster ACCORDANCE WITH THE POLICY PROVISIONS. 44933 Fern Ave
Lancaster, CA 93534
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration.
Schedule
Person or Organization Job Description
Any person or organization as required by written contract.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective
Insured
7/1/2023
Ldm Associates, Inc.
Policy No. SWC1447339 Endorsement No.
Premium
0 Insurance Company Security National Insurance Company Countersigned by
WC 04 03 06
(Ed -
.04 84)
DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98 DocuSign Envelope ID: 04AE8C63-9DFE-42F0-8173-1A12A3001E98