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.
Created: 2024-08-22 08:37:15 [EST]
(Supp. No. 10-24, Upd 1)
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.
Created: 2024-08-22 08:37:15 [EST]
(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)
Created: 2024-08-22 08:37:15 [EST]
(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.
Attachment B
Zone Text Amendment Table
The following table provides a summary of the Zone Text Amendment and General Plan 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. 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 by 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 is
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.
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)
om - small multifamily standards.
11 Policy
Implementation
17.08.120.A.5,
17.12.150.B.18,
17.16.140
Clarification of offpremises signage
restrictions.
Updating three sections (residential,
commercial, and industrial) to reflect city
policies and to prevent proliferation of "offpremise 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.
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.
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.
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.
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, 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 car-related 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.
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.
Attachment C
Lancaster Municipal Code (LMC) – Redline/Strikethrough
Note that the new proposed language is shown in blue underline and current language proposed to be removed is shown in red strikethrough.
Table of Contents
1. Chapter 2.36 Disaster Council
2. Chapter 8.50 Landscaping Installation and Maintenance
3. Chapter 15.04 Administrative Code
4. Chapter 15.64 Development Impact Fees
5. Chapter 16.04 General Provisions
6. Title 17 Zoning
7. General Plan - Safety Element excerpt
Title 2 - ADMINISTRATION AND PERSONNEL
Chapter 2.36 DISASTER COUNCIL
Lancaster, California, Code of Ordinances Created: 2024-08-22 08:36:27 [EST] (Supp. No. 10-24, Upd 1)
Chapter 2.36 DISASTER COUNCIL
2.36.010 Purposes.
The declared purposes of this chapter are to provide for:
A. the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency;
B. direction of the emergency organization the leadership, coordination, and management of the city’s emergency response organization;
C. the coordination of the emergency functions of this city with all other public agencies, corporations, organizations, and affected private persons; and
D. the planned and orderly recovery from its adverse effects. (Prior code § 3-9.1)
2.36.020 Definition.
As used in this chapter, "emergency" means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy. (Prior code § 3-9.2)
2.36.030 Disaster council membership.
The Lancaster disaster council is created and shall consist of the following:
A. Representative chosen by the city council from its members who shall be chairman; B. The director of emergency services, who shall be vice-chairman; C. The emergency preparedness coordinator;
D. Such chiefs of emergency services as are provided for in a current emergency plan of this city, adopted pursuant to this chapter;
E. Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the director. (Prior code § 3-9.3)
2.36.040 Disaster council powers and duties.
It shall be the duty of the Lancaster disaster council, and it is empowered, to see to the development of, and recommend for adoption by the city council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements.
Created: 2024-08-22 08:36:27 [EST]
(Supp. No. 10-24, Upd 1)
The disaster council shall meet upon call of the chairman or, in histheir absence from the city or inability to call such meeting, upon call of the vice-chairman.
(Prior code § 3-9.4)
2.36.050 Continuance of local government—City council.
A. Designation and Duties of Standby Officers.
1. Each member of the Lancaster planning commission shall serve as the standby officer for the councilmember appointing said commission member in the event of a state of emergency. in the event of a state of emergency serve as a standby officer for members of the council in the order of succession as follows: chair, vice-chair, then planning commission members in order of seniority.
2. The duties of the standby officers shall be those as provided for by state law and identified in the city's emergency plan.
B. Term of Service of Standby Officers.
1. General. Each standby officer shall serve in such position, as long as he is they are a member of the Lancaster planning commission.
2. State of Emergency. If, within seven days of declaration of local emergency by the director of emergency services as provided for in this chapter, a quorum of the city council is unable to meet, the standby officers representing the members of the council unable to meet shall serve on the city council until such time as the elected member of council is able to meet and serve, or until such time as a successor is selected by any means provided for in state law.
C. Order of Succession—Mayor.
1. In the event the mayor is unable to serve during a state of emergency, the order of succession for the mayor shall be the vice-mayor, the chairman of the Lancaster redevelopment agency, the vicechairman of the Lancaster redevelopment agency, and the chairman of the Lancaster industrial development authority city councilmembers in order of seniority.
2. In the event no elected member of the city Ccouncil is able to meet during a state of emergency, the standby officer appointed by the mayor shall serve in that position. (Prior code § 3-9.5)
2.36.060 Director of emergency services and emergency preparedness coordinator.
A. There is created the position of director of emergency services. The city manager shall be the director of emergency services.
B. There is created the position of emergency preparedness coordinator, who shall be designated by the director.
(Prior code § 3-9.6)
2.36.070 Powers and duties of the director of emergency services.
A. Powers and duties of the director when no emergency exists:
Created: 2024-08-22 08:36:27 [EST]
(Supp. No. 10-24, Upd 1)
1. Designate the order of succession to the position of director, to take effect in the event that the director is unavailable to perform his their duties during an emergency. Such order of succession shall be approved by the city council, and be reflected in the emergency plan.
2. Designate the emergency preparedness coordinator.
B. Powers and duties of the director under imminent threat of, during or after an emergency:
1. The director may request that the city council proclaim the existence or threatened existence of a "local emergency" if the city council is in session, or to issue such a proclamation if the city council is not in session. Whenever a local emergency is proclaimed by the director, the city council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect. The city council shall review, at least every fourteen (14) days each regular meeting until such local emergency is terminated, the need for continuing the local emergency, and shall proclaim the termination of such local emergency at the earliest possible date that conditions warrant.
C. Powers and duties of the director when a local emergency has been proclaimed, or a "state of emergency" has been proclaimed by the Governor or the Director of the State Office of Emergency Services, or if a "state of war emergency" exists:
1. The director shall have complete authority over the city and the right to exercise all police power vested in the city by the Constitution and General Laws, as per Section 38791 of the Government Code; and
2. The director is empowered to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council; and
3. To control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of this chapter; and
4. To direct cooperation between the coordination of services and staff of the emergency organization of this city and resolve questions of authority and responsibility that may arise between them; and
5. To represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein; and
6. To obtain vital supplies, equipment and such other properties, from public or private sources, found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use; and
7. To require emergency services of any city officer or employee and, in the event of the proclamation of a "state of emergency" in the county in which this city is located or the existence of a "state of war emergency" to command the aid of as many citizens of this community as he they deems necessary in the execution of his their duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers; and
8. To requisition necessary personnel or material of any city department or agency; and
9. To request the Governor to proclaim a "state of emergency" when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency. (Prior code § 3-9.7)
Created: 2024-08-22 08:36:27 [EST]
(Supp. No. 10-24, Upd 1)
2.36.080 Powers and duties of the emergency preparedness coordinator.
A. Powers and duties of the coordinator when no emergency exists:
1. Under the supervision of the director, develop emergency plans and mutual aid agreements;
2. Manage the emergency programs of this city;
3. Other powers and duties as may be assigned by the director.
B. Powers and duties of the coordinator when a local emergency, or a "state of emergency" has been proclaimed by the Governor or the Director of the State Office of Emergency Services, or if a "state of war emergency" exists:
1. The coordinator shall have such powers and duties as are designated in the emergency plan, and those that may be assigned by the director.
(Prior code § 3-9.8)
2.36.090 Emergency organization.
All officers and employees of this city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who may by agreement or operation of law, including persons impressed into service under the provisions of subsection (C)(7) of Section 2.36.070 during such emergency, shall constitute the emergency organization of the city. (Prior code § 3-9.9)
2.36.100 Emergency plan.
The Lancaster disaster council shall be responsible for seeing to the development of the city of Lancaster emergency plan, which plan shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the city council. (Prior code § 3-9.10)
2.36.110 Expenditures.
A. Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city (Section 53021 Government Code). Records will be kept in such a manner that emergency-related expenditures and obligations of city departments can be broken out and identified, separate from regularly budgeted program activities.
B. The city council may pass a resolution by a four-fifths vote of its members, declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property.
Upon adoption of the resolution, the city council may expend any sum required in the emergency without complying with the Local Agency Public Construction Act (Section 20168 of the Public Contract Code). (Prior code § 3-9.11)
Created: 2024-08-22 08:36:27 [EST]
(Supp. No. 10-24, Upd 1)
2.36.120 Acceptance of assistance.
The director of emergency services or his their designee is authorized to accept services, equipment, supplies, materials or funds by gift, grant or loan for purposes of mitigating the effect of a declared local emergency from public and private sources. The director or his their designee shall develop procedures for registration of such gift, grant or loan and for the recording of disposition of such. (Prior code § 3-9.12)
2.36.130 Punishment of violations.
It shall be a misdemeanor, punishable by a fine of not to exceed one thousand dollars ($1,000.00) or by imprisonment for a period not to exceed six months, or both, for any person, during an emergency to:
A. Wilfully Willfully obstruct, hinder or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him by virtue of this chapter;
B. Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of this city, or to prevent, hinder or delay the defense or protection thereof; C. Wear, carry or display, without authority, any means of identification specified by the emergency agency of the state or of this city.
(Prior code § 3-9.13)
Chapter 8.50 LANDSCAPING INSTALLATION AND MAINTENANCE
8.50.090 Landscape Design Plan.
A. For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria and specifications shall be submitted as part of the landscape documentation package:
1. Plant Material.
(a) Any plant may be selected from the City of Lancaster approved plant list for the landscape providing the estimated applied total water use recommended for the project site in the landscape area does not exceed the maximum applied water allowance. Methods to achieve water efficiency shall include one or more of the following:
(i) Protection and preservation of native species and natural vegetation; (ii) Selection of water conserving plant species, tree and turf species, especially local native plants;
(iii) Selection of plants based on local climate suitability, disease and pest resistance; (iv) Selection of trees based on the City of Lancaster approved tree list, and size at maturity as appropriate for the planting area;
(v) Selection of plants from local and regional landscape program plant lists; and (vi) Selection of plants from local fuel modification plan guidelines. (b) Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in Section 8.50.100A.2.(d). (c) Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficiency shall include one or more of the following:
(i) Use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate;
(ii) Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings, sidewalks, power lines); allow for adequate soil volume for healthy root growth; and (iii) Consider the solar orientation for plant placement to maximize summer shade and winter solar gain.
(d) Turf or grass shall not exceed twenty-five (25%) percent of the landscape area in residential areas and in non-residential areas;
(e) Turf areas shall be sized and shaped to minimize irrigation overspray and runoff. (f) Installation of turf on slopes greater than 4:1 (horizontal to vertical) shall not be permitted. (g) Installation of long, narrow, or irregularly shaped turf areas less than eight feet in width in any direction shall be irrigated with subsurface irrigation or other low volume irrigation technology. (h) Irrigated areas (including turf) within 24 inches of nonpermeable hardscape shall be irrigated with drip irrigation or subsurface irrigation technology unless waived by the Director of Development Services.
(i) High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians.
(j) A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches. Refer to the local fuel modification plan guidelines.
(k) The use of invasive plant species, such as those listed by the California Invasive Plant Council, is strongly discouraged. Invasive species of plants shall be avoided especially near parks, buffers, greenbelts, water bodies, and open spaces because of their potential to cause harm in sensitive areas.
(l) The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low water use plants as a group.
2. Water Features.
(a) Recirculating water systems shall be used for decorative water features. (b) Where available, recycled water shall be used as a source for decorative water features. (c) Surface area of a water feature shall be included in the maximum applied water allowance (MAWA) high water use hydrozone area of the water budget calculation. The evaporation rate for all water features shall be equivalent to the evapotranspiration rate of a high water use plant.
3. Soil Preparation, Mulch and Amendments.
(a) Prior to the planting of any materials, compacted soils shall be transformed to a friable condition.
On engineered slopes, only amended planting holes need meet this requirement. (b) Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected (see Section 8.50.080). (c) For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than six percent organic matter in the top six inches of soil are exempt from adding compost and tilling.
(d) A minimum of three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. In mulched planting areas, the use of drip irrigation is highly recommended. To provide habitat for beneficial insects and other wildlife, up to five percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
(e) Stabilizing mulching products shall be used on slopes that meet current engineering standards. (f) The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.
(g) Organic mulch materials made from recycled or post-consumer products shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.
B. The landscape design plan shall be drawn on project base sheets at a scale that accurately and clearly identifies the following specifications, where applicable, at a minimum:
1. Delineate and label each hydrozone by number, letter, or other method;
2. Indicate the square footage of each hydrozone;
3. Identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation;
4. Identify recreational areas;
5. Identify areas permanently and solely dedicated to edible plants;
6. Identify any other pertinent factors (e.g., sun exposure, microclimate, etc.);
7. Identify areas irrigated with recycled water;
8. Identify type of mulch and application depth;
9. Identify soil amendments, type, and quantity;
10. Identify type and surface area of water features;
11. Identify hardscapes (pervious and nonpervious);
12. Identify location, installation details, and 24-hour retention or infiltration capacity of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Project applicants shall refer to the local agency or regional Water Quality Control Board for information on any applicable stormwater technical requirements. Stormwater best management practices are encouraged in the landscape design plan and examples are provided in section 8.50.200;
13. Identify any applicable rain harvesting or catchment technologies as discussed in Section 8.50.200 and their 24-hour retention or infiltration capacity;
14. Identify any applicable graywater discharge piping, system components and area(s) of distribution;
15. Contain the following statement: "I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan";
16. Bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape (see Sections 5500.1, 5615, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, and 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code);
17. Location map with north arrow, scale, and legal description of the property;
18. Project name;
19. Title block with name, license number, mailing address, email address, and telephone number of licensed landscape architect;
20. Total landscape area (square feet);
21. Benchmark name, elevation, and location;
22. Topography with proposed contour lines and elevations;
23. Property lines and setbacks;
24. Street names;
25. Location of all utilities (e.g., telephone, electrical, gas, sewer, drainage, etc.). The use of this information is limited to the landscape design and installation;
26. Location and details of existing and proposed public improvements within right-of-way (e.g., curb, gutter, sidewalk, street light, fire hydrants, driveways, or approaches, etc.);
27. Location of all plant material (e.g., turf, annuals, perennials, groundcovers, shrubs, trees, and other vegetation, etc.);
28. Detailed legend explaining all the symbols used in the landscape design plan including botanical names, common names, quantity, container size, etc.;
29. Mulch types and depths (inches);
30. Design elements: water features, hardscapes (pervious and nonpervious), existing natural features including, but not limited to, rock outcropping, creeks or streams, wetlands, and plant materials that will remain;
31. Installation details for the landscape including soil preparation, plant material installation, tree planting and staking, and any other applicable details;
32. Location and installation details of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Examples include, but are not limited to:
(a) Infiltration beds, swales, and basins that allow water to collect and soak into the ground. (b) Constructed wetlands and retention ponds that retain water, handle excess flows and filter pollutants.
(c) Pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or porous concrete, etc.) that minimize runoff (volume and velocity).
(d) Each sheet of the landscape design plan shall contain the following statement along with a licensed landscape architect's or licensed landscape contractor's stamp and signature: "I have agreed to comply with the criteria and specifications of the ordinance and I have applied them accordingly for the efficient use of water in the landscape design plan." (Ord. No. 1070, § 4(Exh. A), 1-14-2020)
8.50.261 Prescriptive Compliance.
A. This contains prescriptive requirements which may be used as a compliance option to the Model Water Efficient Landscape Ordinance.
B. Compliance with the following items is mandatory and must be documented on a landscape plan in order to use the prescriptive compliance option:
1. Submit a Landscape Documentation Package which includes the following elements:
(a) Date;
(b) Project applicant;
(c) Project address (if available, parcel and/or lot number(s)); (d) Total landscape area (square feet), including a breakdown of turf and plant material; (e) Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed); (f) Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well;
(g) Contact information for the project applicant and property owner; (h) Applicant signature and date with statement, "I agree to comply with the requirements of the prescriptive compliance option to the MWELO."
2. Incorporate compost at a rate of at least four (4) cubic yards per one thousand (1,000) square feet to a depth of six (6″) inches into landscape area (unless contra-indicated by a soil test).
3. Plant material shall comply with all of the following:
(a) For residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for seventy-five (75%) percent of the plant area excluding edibles and areas using recycled water; For non-residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor
0.3) for one hundred (100%) percent of the plant area excluding edibles and areas using recycled water;
(b) A minimum three (3″) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.
4. Turf shall comply with all of the following:
(a) Turf or grass shall not exceed twenty-five (25%) percent of the landscape area in residential areas, and there shall be no turf in non-residential areas; (b) Turf shall not be planted on sloped areas which exceed a slope of one foot vertical elevation change for every four (4′) feet of horizontal length;
(c) Turf is prohibited in parkways less than ten (10′) feet wide, unless the parkway is adjacent to a parking strip and used to enter and exit vehicles. Any turf in parkways must be irrigated by subsurface irrigation or by other technology that creates no overspray or runoff.
5. Irrigation systems shall comply with the following:
(a) Automatic irrigation controllers are required and must use evapotranspiration or soil moisture sensor data.
(b) Irrigation controllers shall be of a type which does not lose programming date in the event the primary power source is interrupted.
(c) Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturer's recommended pressure range. (d) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be installed as close as possible to the point of connection of the water supply. (e) All irrigation emission devices must meet the requirements set in the ANSI standard, ASABE/ICC 802-2014, "Landscape Irrigation Sprinkler and Emitter Standard." All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.
C. At the time of final inspection, the permit applicant must provide the owner of the property with a certificate of completion, certificate of installation, irrigation schedule, and a schedule of landscape and irrigation maintenance.
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)
Chapter 15.04 ADMINISTRATIVE CODE
15.04.080 Fees.
Section 109.2 of the California Building Code, Chapter 1, Division II, is hereby amended to read as follows:
109.2 Schedule of Permit Fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as adopted by resolution of the City Council of the City of Lancaster, as may be amended from time to time. For complex or atypical matters, the Building Official is authorized to assess fees based on published hourly rates.
109.6.1 Refund of Permit Fees.
• The Building Official shall not authorize the refund of any fee paid except upon the written application filed by the original permit holder.
• No refunds shall be processed for expired permits or projects that have been abandoned. Abandoned is defined as no work or inspections for 180 days.
• No refunds shall be processed that have exceeded 360 45 days after the date of the payment. • The Building Official may authorize the refunding of not more than 80 percent of the plans examination fee paid when an application is withdrawn or canceled prior to commencing any plan review. • The Building Official may authorize the refunding of not more than 80 percent of the permit inspection fee paid when a permit that has been issued withdrawn or canceled by the original permittee before any inspection has been completed and the original permit and inspection card is returned. • Permit Issuance, Fire Protection, Development Impact, Strong Motion, and Green Building fees are not refundable (unless erroneously paid/collected). This is because the money has already been put to use.
If the project was canceled and/or the property sold, the new developer may receive credit towards Development Impact fees as approved by the Building Official. • A processing fee will be applied to all refunds, in accordance with the schedule adopted by the resolution of the City Council of the City of Lancaster, as may be amended from time to time. (Ord. No. 1094, § 1, 11-8-2022)
Chapter 15.64 DEVELOPMENT IMPACT FEES
15.64.130 Payment of fees.
After the adoption by the city council of a resolution establishing the amounts of the development impact fees, no building permit shall be issued and no development shall be permitted on any land within the city unless and until the development impact fees relating to such development and established by the resolution(s) adopted pursuant to Section 15.64.160 has been paid unless a determination has been made by the department that no fee is payable pursuant to this chapter. Development impact fees payable in connection with mobile home park development shall be paid by the property owner or land developer prior to issuance by the city of off-site improvement permits. With respect to residential developments, the requirement that a property owner or land developer pay the development impact fees at the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first, prior to the issuance of a building permit is imposed pursuant to Government Code Section 66007(b).
(Ord. No. 1094, § 1, 11-8-2022)
Title 16
SUBDIVISIONS
Chapter 16.04 GENERAL PROVISIONS
16.16.030 Administrative parcel map.
A. In General. An administrative parcel map is a division of any vacant or developed real property that has all public improvements installed; and has been previously subdivided. An administrative parcel map does not include air space condominiums.
B. Requirements. The director may waive the requirement for filing a tentative parcel map where it is determined that the following conditions exist;
1. The director of public works or city engineer has determined that substantially aAll public improvements which serve the property have been installed, in consideration of existing conditions on neighboring properties and anticipated development in the surrounding area.
2. The parcels resulting from the administrative parcel map will conform to the requirements of the general plan, Title 17 of this code, and the Uniform Building Code as applicable.
3. The director of public works or city engineer has determined that the administrative parcel map does not adversely affect any existing access, easements or utilities, or that the adverse effect can be satisfactorily mitigated.
C. Procedures.
1. An application for administrative parcel map shall be filed, accompanied by a map and any other information required by the director.
2. A request for an administrative parcel map shall be signed and acknowledged by all owners of record of the property.
3. Before submitting the administrative parcel map, a map number shall be obtained from the land development department, county of Los Angeles.
4. The administrative parcel map shall be prepared by a registered civil engineer or licensed land surveyor, and shall contain the following information:
a. Name and address of legal owner and person preparing the map; b. Sufficient legal description to define the boundary of the proposed project; c. Date, north arrow and scale;
d. Exterior boundary lines of the property indicating easements, dimensions and lot size; e. The lot layout and the dimensions of each lot. The location, elevation and area of each building site;
f. Existing zoning;
g. Approximate location of the existing features on and off-site within fifty (50) feet of the site boundaries;
h. Any other information requested by the director.
5. The applicant shall submit the number of blue line copies of the map specified by the director.
6. Once the city engineer has determined that the administrative parcel map does not adversely affect any existing access, easements or utilities, the director shall review the administrative parcel map and within thirty (30) days approve or deny the request.
7. The director shall find that the proposed division of land complies with the property development regulations of the zone.
8. The director shall provide the subdivider written notice of his action.
9. If the administrative parcel map is denied by the director, the subdivider may file a tentative parcel map for consideration by the planning commission. Such application shall be processed in the same manner as a request for tentative map; Chapter 16.08, Tentative Map Procedural Requirements.
10. After the director approves the administrative parcel map, the parcel map shall be submitted to the city engineer for recordation.
(Ord. 754 § 1 (Attach. A § 12), 1999; Ord. 718 §§ 3, 4, 1996; Ord. 661 § 1 (400.200—400.220), 1994) Lancaster, California, Code of Ordinances
Title 17 ZONING
Lancaster, California, Code of Ordinances Created: 2024-08-22 08:37:15 [EST] (Supp. No. 10-24, Upd 1)
Title 17
ZONING
Chapter 17.04 GENERAL PROVISIONS
17.04.010 Adoption by reference of the county zoning ordinance.
Except as hereinafter provided, that certain zoning ordinance of the county of Los Angeles, known as Ordinance No. 1494, as amended, and in full force and effect on May 7, 1979, is adopted as the zoning ordinance of the city of Lancaster, to provide for the creation within the city of zones and prescribing area requirements and classes of uses of buildings, structures, improvements and premises in the zones referred to therein.
Three copies of the Los Angeles County zoning ordinance have been deposited in the office of the city clerk of the city of Lancaster and shall be at all times maintained by the clerk for the use and examination by the public. (Prior code § 9-1.1)
17.04.020 Reserved. Substitution of certain terms.
Wherever the words "Regional Planning Commission" and "Zoning Board" appear in said Ordinance No. 1494, the words "planning commission of the city of Lancaster" shall be substituted therefor, and wherever the words "Board of Supervisors" or "Board" appear in said Ordinance No. 1494, the words "city council" shall be substituted therefor, and wherever the words "County of Los Angeles" or "Los Angeles County" appear in said Ordinance No. 1494, the words "city of Lancaster" shall be substituted therefor. Whenever the words "Los Angeles Regional Planning Commission staff" are used within Ordinance No. 1494, the words "Lancaster planning staff" shall be substituted therefor.
(Prior code § 9-1.2)
17.04.030 Area designated.
Whenever in Ordinance No. 1494 reference is made to the unincorporated area of the county of Los Angeles, such area shall be deemed to be the area included within the boundaries of the city of Lancaster. (Prior code § 9-1.3)
17.04.040 Interim zoning.
This chapter is adopted as a temporary interim zoning ordinance. The city planning commission and the city attorney are directed to prepare or cause to be prepared a zoning ordinance to be presented to the city council for its adoption. Until such ordinance can be prepared and adopted, no building permit or other permit shall be issued by any officer of the city for any building, structure or use of any real property in the city, which building, structure or use is or would be in conflict with or in violation of said zoning ordinance of the county of Los Angeles, as it was in effect and applicable to that area of said county now incorporated and known as the city of Lancaster on the date immediately preceding the date of incorporation of said city, or as the same may have been amended Created: 2024-08-22 08:37:02 [EST]
(Supp. No. 10-24, Upd 1)
between said date of incorporation and May 7, 1979, or as the same may hereafter be amended by this city council. Any permit issued contrary to the provisions of this ordinance shall be void. There is no intent to alter or amend any other amendments adopted by the city council to the zoning ordinance from date of incorporation. (Prior code § 9-1.4)
17.04.050 Zoning map adopted.
Due to the conditions referred to in Section 17.04.040, the city council further adopts as a temporary interim zoning map for the city, the zoning map for the county of Los Angeles which has until the incorporation of this city governed the zoning of the area within the city. The zoning shown on said map of all property formerly in the county and now within the city shall be, and is declared to be, the zoning of such property now that it is within the city, and governed according to classification by the zoning ordinance of the county of Los Angeles as referred to in Section 17.04.040.
(Prior code § 9-1.5)
17.04.060 Highway master plan adoption.
The council further adopts the master plan of highways of the county of Los Angeles, insofar as it affected the area now within the city of Lancaster before incorporation, the intention of this section being that the said master plan shall have the same effect on the area as it did before incorporation. The city clerk is directed to keep on file in his office for use by the public 3 copies of the master plan of the highways of Los Angeles County. (Prior code § 9-1.6)
17.04.070 Continuation of previously issued variances and permits.
All variances, special permits, conditional use permits, exceptions and similar permits granted by the regional planning commission or the board of supervisors of Los Angeles County and validly in effect on the date of incorporation of the city of Lancaster, are approved, ratified and confirmed as to the entire premises to which the same relate with the same force and effect as if the same were reissued as of said date of incorporation in accordance with the provisions thereof.
(Prior code § 9-1.7)
17.04.080 Providing ten-day notice prior to public hearings—Enactment.
This section is enacted pursuant to Section 65854 of the Government Code of the state of California.
The convenience, health, safety and welfare of the citizens of the city of Lancaster are served by amending Chapter 6, Article 3, Section 631 of the zoning ordinance (Section 17.36.020 of this code) to provide for a minimum 10-day notification of public hearing prior to any such hearing. (Prior code § 9-1.10)
17.04.090 Short title.
This title shall be known as, and may be cited as "The Zoning Ordinance of the City of Lancaster." Created: 2024-08-22 08:37:02 [EST]
(Supp. No. 10-24, Upd 1)
(Prior zoning ord. § 100.1)
17.04.100 List of zones.
In order to implement the adopted city general plan and pertinent goals, objectives, policies, and programs thereof pursuant to Chapters 3 and 4 of Title 7 of the Government Code, the Planning Law, or any statutes superseding those chapters; to protect the public health, safety, and general welfare of the visitors to and residents of the city; to regulate the use of buildings, structures, and land for residential, commercial, industrial and institutional purposes; to regulate location, height, bulk, and area covered by buildings and structures; and to control lot size, yards, intensity of land use, signs and off-street parking, the incorporated area of the city is divided into the following zones:
R Zones—Residential
RR Zone—Rural Residential
SRR Zone—Semirural Residential
R Zone—General Residential
MDR Zone—Moderate Density Residential
HDR Zone—High Density Residential
MHP Zone—Mobilehome Park
C Zone—General Commercial
CPD Zone—Commercial Planned Development
H Zone—Hospital
OP Zone—Office Professional
I Zones—Industrial
LI Zone—Light Industrial
HI Zone—Heavy Industrial
O Zone—Open Space
SP Zone—Specific Plan
P Zone—Public Use
MU Zones—Mixed Use
MU-N—Mixed Use-Neighborhood
MU-C—Mixed Use-Commercial
MU-E—Mixed Use-Employment
MU-TOD—Mixed Use-Transit Oriented Development
(Ord. 743.1 § 2, 1998; Ord. 743 § 2, 1998; Ord. 651 § 1, 1993; Ord. 647 § 1, 1993; prior zoning ord. § 101) (Ord. No. 945, § 2, 7-13-2010; Ord. No. 1106, § 4(Exh. A), 10-10-2023) Created: 2024-08-22 08:37:02 [EST]
(Supp. No. 10-24, Upd 1)
17.04.110 Combining zone.
Zone ( ) -VM (Vegetative Management)—For every zone listed in Section 17.04.100 an additional zone designated by the symbol -VM in combination with the respective zoning symbol in Section 17.04.100 is established.
(Prior zoning ord. § 101.3)
17.04.120 Purpose.
It is declared that in the creation of the respective zones set forth in this title, the city council has given due consideration to the suitability of each such zone created for the particular uses contained therein, the area requirements, density of land occupancy and the necessary, proper and comprehensive groupings and arrangements of industry, commerce, and the population of the city in accordance with the adopted general plan of the city.
(Prior zoning ord. § 102)
17.04.130 References to ordinances and state statutes.
Any reference to an ordinance or state statute shall mean that ordinance or statute as amended from time to time.
(Prior zoning ord. § 103)
17.04.140 Title requirements as minimums.
In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. (Prior zoning ord. § 105)
17.04.150 Replacement of other ordinances.
The provisions of the ordinance codified in this title shall not be deemed or construed to repeal, amend, modify, alter or change any other ordinance or any part thereof not specifically repealed, amended, modified, altered or changed herein, except in such particulars or matters as this title is more restrictive than such other ordinances or part thereof; and that in all particulars wherein this title is not more restrictive each such other ordinance shall continue and shall be in full force and effect. (Prior zoning ord. § 106)
17.04.160 Assumption of power or duty by public officer.
Whenever a power is granted to, or a duty imposed upon, a public officer by this title, the power may be exercised or the duty may be performed by the commission, a deputy of the officer or a person authorized pursuant to law or ordinance by the officer, unless this title expressly provides otherwise. (Prior zoning ord. § 107)
Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
17.04.170 Delegation of power or duty by commission.
Whenever by ordinance an administrative power is granted to, or an administrative duty imposed upon the commission, the commission may instruct the director to exercise such administrative power or perform such administrative duty. The director shall exercise all such powers, and perform all such duties as he is instructed to do by the commission.
(Prior zoning ord. § 107.5)
17.04.180 Tenses.
The present tense includes the past and future tenses, and the future the present. (Prior zoning ord. § 109)
17.04.190 Gender.
The masculine gender includes the feminine and neuter.
(Prior zoning ord. § 110)
17.04.200 Plural or singular.
The singular number includes the plural, and the plural the singular. (Prior zoning ord. § 111)
17.04.210 Severability.
If any provisions of this title, or the application thereof to any person or circumstance is held invalid, the remainder of the title, and the application of such provision to other persons or circumstances, shall not be affected thereby.
(Prior zoning ord. § 112)
17.04.220 Violation—Penalty.
Every person violating any provision of this title or any entitlement, permit, license, or exception granted hereunder is guilty of a violation of this code as specified in Chapter 1.12 of this code. (Ord. 711 § 2, 1995: prior zoning ord. § 113)
17.04.230 Administration of use classifications.
A. In determining compliance with the provisions of this title as it applies to the uses enumerated in the various zones, each principal use shall be considered a separate use of land provided:
1. The accessory uses, buildings and structures shall be deemed an integral part of each principal use; and Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
2. That more than one principal use may be placed on a single lot or parcel of land where not in conflict with other provisions of this title.
B. The director shall determine whether a use, building or structure may be considered accessory pursuant to the definitions contained in this title provided, however, that where disagreement arises between said director and an applicant, the commission shall make such determination. (Prior zoning ord. § 114)
17.04.235 Reserved.
Editor's note(s)—Ord. No. 1019, § 3, adopted February 28, 2017, repealed § 17.04.235, which pertained to medical marijuana dispensaries, cultivation and delivery, and derived from Ord. No. 1012, § 1, adopted February 9, 2016.
17.04.240 Definitions.
Unless otherwise provided in this title, the definitions established in this section shall apply wherever such terms are used in this title, whether or not such terms are capitalized. Note: Definitions which are found in Title 16 also apply to the same terms as they are used within this title. "Accessory building or structure" means a detached subordinate building or structure, the use of which is customarily incidental to that of the main building or to the main use of the land, and which is located in the same or a less restrictive zone and on the same lot or parcel of land with the main building or use. "Accessory dwelling unit (ADU)" shall have the meaning in subsection 17.41.012.A. "Accessory dwelling unit, junior (JADU)" shall have the meaning in subsection 17.41.012.E. "Accessory use" means a use customarily incidental to, related and clearly subordinate to a principal use established on the same lot or parcel of land, which accessory use does not alter said principal use nor serve property other than the lot or parcel of land on which the principal use is located. "Adjacent" means 2 or more lots or parcels of land either adjoining or separated only by an alley, street, highway or recorded easement.
"Adjoining" means 2 or more lots or parcels of land sharing a common boundary line, or 2 or more objects in contact with each other. Lots or parcels of land which touch at corners only shall not be deemed adjoining. "Abut" or "abutting" and "contiguous" mean the same as adjoining. "Adult" means a person who is 18 years of age or older. "Affordability" means the economic feasibility to construct lower-income housing in the proposed development.
"Affordable housing" means housing as defined in Section 65589.5(h)(2) of the Health and Safety Code. "Aircraft" means any contrivance, now known or hereafter invented, for use or designed for navigation of or flight in the air.
"Airport" means any area of land or water which is used or intended to be used for the landing and taking off of aircraft and any appurtenant areas used or intended to be used for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon. Airport includes heliport, helistop and landing strip.
"Alternative fuel" means biological materials, coal-derived liquids, electricity, ethanol, hydrogen, methanol, natural gas, propane and any other fuel that the Secretary of Energy finds to be substantially not petroleum and Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
which would yield substantial energy security benefits and substantial environmental benefits. Reformulated gasoline or other fuel derived from crude oil is not considered an alternative fuel. (From Federal Energy Policy Act of 1992).
"Alternative fuel vehicle" means motor vehicles that run on fuels other than petroleum-based fuels. As defined by the National Energy Policy Act (EPACT), this excludes reformulated gasoline as an alternative fuel. "Amphitheater" means unroofed or partially enclosed building or structure used for public assembly and/or entertainment including sports events, theatrical performances, concerts and recitals, circuses, stock shows and conventions. "Amphitheater" shall include stadium, sports arena and outdoor theater, but shall not include an entertainment park or its accessory buildings or structures. "Antenna" means a device used in wireless communications which radiates and/or receives commercial cellular, personal communication service, and/or data radio signals. "Antenna" shall not include any satellite dish antenna or any antenna utilized for amateur radio, citizens band radio, television, AM/FM, or shortwave radio reception purposes.
"Apartment, bachelor" means a dwelling unit in an apartment house, that combines sleeping, living, cooking and dining facilities into one habitable room. "Light housekeeping room" shall mean the same as bachelor apartment.
"Apartment, efficiency" means a dwelling unit in an apartment house, that combines sleeping, living, cooking and dining facilities into 2 habitable rooms, one of which shall be a kitchen. "Single apartment" and "efficiency living unit" mean the same as efficiency apartment.
"Apartment, one-bedroom" means a dwelling unit in an apartment house, that contains a maximum of 3 habitable rooms, one of which shall be a kitchen.
"Apartment, two or more bedroom" means a dwelling unit in an apartment house that contains more than 3 habitable rooms.
"Area, net" means the total area within the lot lines of a lot or parcel of land after public street easements or other areas to be dedicated or reserved for public uses are deducted from such lot or parcel. Does not include trails easement, or landscape easement for lots of less than 7,000 square feet. "Automobile dismantling yard" means any premises used for the dismantling or wrecking of motor vehicles and trailers required to be registered under the Vehicle Code of the state of California including the buying, selling or dealing in such vehicles or integral parts or component materials thereof, and the storage, sale or dumping of dismantled, partially dismantled or wrecked inoperative vehicles and trailers.
Automobile dismantling shall not include the incidental storage of inoperative or disabled vehicles in connection with the legal operation of an automobile repair garage or automobile body and fender repair shop. "Automobile impound yard" means any premises used for the temporary storage of vehicles which have been legally removed or impounded at the direction of a peace officer or by judicial order from public or private property as prescribed by law.
"Automobile parking space," as used in this title, means any permanently maintained space on the same lot or parcel of land as is located the structure it is designed to serve, so located and arranged as to permit the storage of, and be readily accessible under its own power to, a passenger automobile of average size. "Automobile storage space" means automobile parking space.
"Automobile repair" means general repair including but not limited to replacement of parts, engine and transmission rebuilding, electronic diagnosis, brakes and alignment, muffler and exhaust replacement, radiator repair or replacement, reconditioning and restoration; maintenance including tune up, oil change, and lubrication; damage repair including but not limited to body work, frame repair, upholstery and painting.
Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
"Automobile service station" means uses where the primary business is the sale of motor vehicle fuels (including but not limited to alternative fuels such as compressed natural gas (CNG), liquified petroleum gas (LPG), and electric recharging stations), lubricants and other refined petroleum products, and automobile accessories such as tires, batteries, windshield wiper blades and other incidental auto parts, and may also offer minor automobile repair services, but not convenience items such as food or drink other than from vending machines. "Basement" means that portion of a building between floor and ceiling, which is partly below and partly above grade (as defined in this section), but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling.
"Biosolid material" shall have the same meaning as "Sludge." "Borrow pit" means the same as quarry.
"Buildable area" means that portion of the lot remaining after deducting all required setbacks from the lot when considered in conjunction with maximum lot coverage. "Building" means any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals, chattels or property of any kind. "Building and safety official" means the building and safety official of the city. "Building, enclosed" means a building enclosed on all sides. "Building-mounted" means mounted to the side of a building, to the façade of a building, or to the side of another structure such as a water tank, church steeple, freestanding sign, utility tower, light pole, or similar structure, but not to include the roof of any structure. "Campground" means a lot or parcel of land designed or used for tent camping including picnic areas, but excluding any structures for permanent human occupancy. "Caretaker" means:
1. A person employed by and residing on the premises of an employer; or
2. The owner of any commercial/industrial enterprise or a member of his immediate family who assumes the primary responsibility for the necessary repair, maintenance, supervision or security of the real or personal property of the employer or owner which is located on the same or contiguous lots or parcels of land.
"Cargo container" means and includes, without limitation, a pre-manufactured, assembled reusable structure, typically made of metal but which can be made of other materials, that is delivered to a property in the city for use by an owner, occupant or licensed contractor as storage for construction materials and equipment, household items or other personal property. "Cargo container" includes, without limitation, vessels designed for packing, shipping or transportation of freight, articles, goods or commodities, and includes containers that are designed for and capable of being moved by railcar, motor vehicle, or ship. "Cargo container" does not include a storage shed or other structure that is or may be assembled at a property. "Cellar" means that portion of a building between floor and ceiling which is wholly or partly below grade (as defined in this section) and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling.
"Cellular" means an analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites.
"Centerline" means where reference is made to the centerline of any parkway, major or secondary highway, such centerline is deemed to be the centerline established by the county engineer for any proposed or dedicated public way which, in whole or in part, is included in any such parkway, major or secondary highway. Said established centerlines are those shown on a series of maps entitled "County Surveyor's Maps" or "County Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
Surveyor's Filed Maps" on file in the office of the county engineer, except that, where two or more such centerlines are shown on any map in said series of maps, the centerline labeled "Proposed Centerline" is deemed to be the centerline of the parkway, major or secondary highway. "Chapter" means a chapter of this title unless some other ordinance or statute is mentioned. "City" means the city of Lancaster.
"City engineer" means the city engineer of the city. The functions of the city engineer may be performed by the Director of Development Services Public Works.
"Clean fuel vehicle" shall have the same meaning as stated in division 1 of the Motor Vehicle Code of California.
"Co-located facilities" means wireless telecommunication devices that are attached to existing telecommunication towers or other existing structures such as light standards and power poles. "Commercial coach" means a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional or commercial purposes, which is required to be moved under permit and shall include a trailer coach as defined in Section 18001.8 of the Health and Safety Code. "Commercial parking lot or building" means a parking area or structure established or operated as a business, providing off-street parking for a fee or charge. "Commission" means the planning commission of the city of Lancaster. "Communication equipment building" means a building housing operating electrical and mechanical equipment necessary for the conducting of a public utility communications business, with or without personnel. "Community care facility" means any State licensed facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically, handicapped, mentally impaired, incompetent persons, and abused or neglected children and includes those types of facilities defined in section 1502 of the State Health and Safety Code.
"Consignment store" means a store which, for a mutually agreed upon method of compensation, accepts new or used merchandise to sell on behalf of the owner. "Dairy" means any place or premises upon which milk is produced for sale or other distribution and where 3 or more cows or 7 or more goats are in lactation.
"Day care center" means any child day care facility other than a family home, and includes infant centers, preschools, and extended day care facilities as defined in Section 1596.76 of the Health and Safety Code. "Density bonus" means an increased density of at least 25% over the maximum authorized density of the zone which is granted to a developer or property owner of a housing project agreeing to construct a prescribed percentage of lower-income units as defined by the California Government Code Section 65915 et seq. "Detached living quarters" means living quarters within a detached accessory building located on the same premises as the main building, for use by temporary guests of the occupants of the premises. Such accessory building shall have no plumbing or plumbing facilities of any kind except for space heating, or air conditioning, or both and except in or for the purpose of supplying water to, or disposing of wastes from, a toilet or bathroom. "Director" means the Director of Development Services Community Development of the City of Lancaster or duly authorized representative(s).
"Domestic animal" means an animal which is commonly maintained in residence with man. "Duplex" means a building designed or used for residential purposes and containing 2 dwelling units.
Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
"Dwelling unit" or "(DU)" means one or more habitable rooms in a building, portion of a building or mobilehome which is designed, intended to be used, or used for occupancy by one family with facilities for living, sleeping, cooking, eating and sanitation, which are legally constructed, placed or installed in accordance with all applicable provisions contained within this code including, but not limited to, the city building, plumbing, electrical and fire codes. Dwelling unit shall also include any room which contains either a kitchen, kitchenette, cooking facilities or cooking appliance. (See definition of "guest room.") "Earth station" means structures comprising one or more large parabolic reflectors which may be mounted on a circular control building and all appurtenant equipment necessary for the receiving, amplifying or transmitting of microwave signals in connection with a public utility communication route or system employing such earth stations and satellites in space.
"Electric distribution substation" means an assembly of equipment which is part of a system for the distribution of electric power where electric energy is received at a subtransmission voltage and transformed to a lower voltage for distribution for general consumer use. "Electric transmission substation" means an assembly of equipment which is part of a system for the transmission of electric power where electric energy is received at a very high voltage from its source of generation by means of a network of high voltage lines and where, by means of transformers, said high voltage is transformed to a lower sub-transmission voltage for purposes of supplying electric power to large individual consumers, interchange connections with other power producing agencies or electric distribution substations for transformation to still lower voltage for distribution to smaller individual users. "Electric vehicle (EV)" means an automotive-type vehicle for highway use, such as passenger automobiles, buses, trucks, vans and the like, primarily powered by an electric motor that draws current from a rechargeable storage battery, fuel cell, photovoltaic array or other source of electrical current. For the purpose of this title, electric motorcycles and similar type vehicles and off-road self-propelled electric vehicles such as industrial trucks, hoists, lifts, transports, golf carts, airline ground support equipment, tractors, boats, and the like are not included within the definition of electric vehicle. If any significant difference, as determined by the Director, exists between this definition and the definition of electric vehicle as stated in the National Electrical Code, then the definition as stated in the National Electrical Code shall apply.
"Electric vehicle charging station (EVCS)" means a location, either within a building or out-of-doors, which is properly and legally equipped with an electric vehicle connector and at which an electric vehicle may park, connect and charge its electrical storage system.
"Electric vehicle supply equipment" means the conductors, including the ungrounded, grounded and equipment grounding conductors, the electric vehicle conductors, attachment plugs, and all other fittings, devices, power outlets or apparatuses installed specifically for the purpose of delivering energy from the premises wiring to the electric vehicle. If any significant difference, as determined by the Director, exists between this definition and the definition of electric vehicle supply equipment as stated in the National Electrical Code, then the definition as stated in the National Electrical Code shall apply.
"Emergency shelter," as defined in health and safety code 50801(e), means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. "Entertainment park" means an entertainment or amusement complex developed as a regional visitor tourist attraction and organized around a central theme such as amusement rides and attractions, tours or exhibitions, including all related accessory uses, buildings and structures designed and operated for patron participation and pleasure in conjunction therewith.
"Equivalent financial value" means the cost to the developer/property owner based on the land cost per dwelling unit. This is determined by the difference in the value of land with and without the density bonus.
Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
"Family" means an individual or 2 or more persons living in a single dwelling unit. "Family" also mean the persons living together in a residential facility, including transitional and supportive housing. "Family day care home" means a home which regularly provides care, protection and supervision of 14 or fewer children, in the provider's own home, for periods of less than 24 hours a day, while the parents or guardians are away, as defined in Section 1596.78 of the Health and Safety Code and includes the following:
1. "Large family day care home" means a home which provides family day care to 7 to 14 children, inclusive, including children under the age of 10 years who reside at home.
2. "Small family day care home" means a home which provides family day care to 8 or fewer children, including children under the age of 10 years who reside at the home. "Floor area ratio" means the numerical value obtained through dividing the aboveground gross floor area of a building or buildings located on a lot or parcel of land by the total area of such lot or parcel of land. "Frontage, Building" means that exterior building wall of a ground floor business establishment on the side or sides of the building fronting and/or oriented toward a public street, highway or parkway. Building frontage shall be measured continuously along said building wall for the entire length of the business establishment, including any portion thereof which is other than parallel to the remainder of the wall. "Frontage, Street or Highway" means that portion of a lot or parcel of land which borders a public street, highway or parkway. Street or highway frontage shall be measured along the common lot line separating said lot or parcel of land from the public street, highway or parkway. "Garage, Residential" means an enclosed building, or portion thereof, used for the storage of motor vehicles owned or operated by residents, and for storage and other uses related to normal household purposes. "General plan" means the adopted general plan of the city and all subsequent amendments thereto. "GPS Coordinates" means a system used in geography that enables every location on earth to be specified by a set of numbers, letters or symbols. GPS coordinates are usually expressed as the combination of latitude and longitude.
"Grade" (ground level) is the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of sidewalks, the above ground level shall be measured at the sidewalks.
"Gross acreage" means the total area within the boundary lines of a lot or parcel of land before public streets, easements, or other areas to be dedicated or reserved for public uses are deducted from such lot or parcel, and does not include adjacent lands already dedicated for such purposes.
Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
"Gross floor area" means the total horizontal area of all the floors of a building enclosed within the surrounding walls, exclusive of areas within a building designed and used for the parking of vehicles. "Ground-Mounted" means mounted to a pole, monopole, tower, or other freestanding structure specifically constructed for the purpose of supporting an antenna.
"Guest house" means living facilities having no kitchen or cooking facilities, located on the same premises with the main building, which is provided for the sole use of family members, temporary guests, or persons permanently employed on the premises. The guest house shall be either attached or detached with a separate entrance and the floor area is limited to 500 square feet. The structure shall comply with all yard, coverage and other provisions of the title for the main dwelling unit and may not be rented. (See definition for "detached living quarters.")
"Guest ranch" means any property operated as a ranch which offers guest rooms for rent or hire and which has outdoor recreational facilities such as horseback riding, swimming or hiking. "Guest room" means one habitable room with facilities for sleeping and sanitation which does not contain a kitchen, kitchenette, cooking facilities or cooking appliance(s) (the term "cooking appliance" does not include coffee pots or refrigerators) and is designed, intended to be used, or used as temporary sleeping accommodations for any person.
"Hazardous material" means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. "Hazardous materials" include, but are not limited to, hazardous substances, hazardous waste, and any material which a handler or the administering agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment; or as this definition is hereafter amended by the state of California.
"Health facility" means a facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness, physical or mental, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one of more persons, to which the persons are admitted for a 24-hour stay or longer, and include those facilities types defined in 1250 of the Health and Safety Code.
"Health retreat" means any use providing a preventive and rehabilitative health care program on a live-in basis and offering dietary education and control as well as physical therapy including gymnasium and other exercise equipment, solariums, yoga, swimming and outdoor recreational activities. "Health retreat" shall not include hospital, medical office or clinic or nudist camp. "Heavy equipment" means bulldozers, graders, tractors, plows, cultivators, and similar earthmoving or farming vehicles and tools, and trucks designed to pull detachable trailers and the trailers they pull.
Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
"Heavy equipment training school" means a lot or parcel of land used to train operators in the use of earthmoving and construction equipment including motor graders, bulldozers, rollers, earth-movers, cable and hydraulic shovels, front loaders, drilling equipment, pile drivers, standing and truck cranes, fork lifts, welders and similar equipment.
"Height" means the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof. In calculating the height, roof structures which comply with the provisions of Chapter 36 of the Building Code, Ordinance No. 2225, shall not be considered.
"Heliport" means any helicopter landing area used, designed or intended to be used for the receiving or discharging of passengers and cargo and shall include any appurtenant facilities for passengers, cargo, or for the servicing, repair, shelter or storage of helicopters.
"Helistop" means any helicopter landing area used, designed or intended to be used for the receiving or discharging of passengers and cargo but shall not include other appurtenant facilities permitted at a heliport other than a shelter for passengers.
"Highway line" means the ultimate right-of-way established for a regional, primary, secondary, or other arterial street or any other street by the general plan, by this title, or by Title 16 of this code. Such line is coterminous with the lot line on property adjoining a fully widened arterial or other street. "Hog ranch" means any premises where 3 or more weaned hogs are maintained. "Home occupation" means a use conducted for monetary gain within the boundaries of one's property, which use is incidental and secondary to the use of the property for residential purposes, and does not change the residential character or appearance of the dwelling, or adversely affect the uses permitted in the residential zone.
These provisions do not apply to uses which are permitted as a matter of course within residential zones. "Hospital" means any institution, place, building or agency licensed by the Departments of Public Health or Mental Hygiene of the state of California, which maintains and operates organized facilities for the diagnosis, care and treatment of human illness, including care during and after pregnancy. Hospital includes sanitarium, sanatorium, maternity home and convalescent hospital.
"Hospital, Small Animal" means any facility providing medical or surgical treatment, clipping, bathing, or other services, including incidental boarding to dogs, cats and other small animals. "Hotel" means any building containing 6 or more completely furnished guest rooms or dwelling units, the majority of which have an entrance directly from an inside corridor, with automobile parking spaces provided on the lot or parcel of land for such guest rooms or dwelling units as required therefor, and such guest rooms or dwelling units are designed, intended to be used, or used for temporary sleeping purposes by registered guests.
No hotel shall be allowed to have more than 40% of its total gross floor area devoted to dwelling units. (See definition of "dwelling unit.")
"Household Appliance, Large" means a tool or machine designed for a particular household use, which is operated by gas or electricity. A large household appliance includes stoves, furnaces, refrigerators, washers, dryers, and similar devices of like size.
"Junk and salvage" means old, secondhand or scrap ferrous and nonferrous metals, paper and paper products including roofing and tar paper, cloth and clothing, wood and wood products, manufactured rubber products, rope, manufactured plastic products, paint, manufactured clay and porcelain products, trash, and similar materials, and shall include dismantled machinery, equipment and parts. Junk and salvage shall also include the baling of cardboard boxes, paper and paper cartons.
"Junk and salvage yard" means any premises, establishment or place of business which is maintained, operated or used for storing, keeping, buying, selling or dismantling of junk and salvage.
Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
"Kitchen" means any room, all or part of which is designed and used for the storage, refrigeration, cooking and preparation of food.
"Land reclamation project" means a project established to restore otherwise unsuitable land to useful purposes through the use of fill materials such as rubbish, waste, excluding sludge or biosolid materials, soil and other unwanted materials. "Land reclamation project" shall include a dump or waste disposal facility. "Landscape maintenance" means the regular, periodic care that is necessary to keep landscaped areas active and healthy and shall include but not be limited to weed and trash removal, cultivation, irrigation, fertilizing, pruning and replacement of damaged, dying or dead plants with the approved species. "Landscaping" means the preparation of the ground and the subsequent planting of trees, shrubs, vines, ground cover, flowers, or lawns singly or in combination with each other. In addition, the combination or design may include natural features such as rock or stone and structural features including but not limited to fountains, sculpture, walls, fences, and street furniture.
"Lodger" means a person who occupies a rented room in the house of another. "Lot, corner" means a lot or parcel of land situated at the intersection of two or more parkways, highways or streets, which parkways, highways or streets have an angle of intersection measured within said lot or parcel of land of not more than 135 degrees.
"Lot coverage" means the total horizontal area of a lot, parcel or building site covered by any building which extends more than 3 feet above the surface of the ground and including any covered vehicular parking spaces. "Lot depth" means the horizontal distance from the highway line to the rear lot line of the lot or parcel of land, measured from the midpoint of the highway line, where it fronts the lot, to the midpoint of the rear lot line. (See also the definition of "highway line.")
Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
"Lot, flag" means a lot or parcel of land taking access by a strip, the owner of which lot or parcel of land has fee simple title to said strip extending from the main portion of the lot or parcel of land to the adjoining parkway, highway or street.
"Lot, interior" means a lot or parcel of land other than a corner or flag lot. "Lot line" means a boundary line of a lot or of a parcel of land. "Lot line, front" means a line separating the front yard from the parkway, highway or street upon which the yard fronts or, in the case of a flag lot where the front yard is oriented toward an adjoining lot, the line separating such front yard from said adjoining lot.
"Lot line, rear" means a lot line which is opposite and most distant from the front lot line. For a triangular or gore-shaped lot, the rear lot line shall mean a line 10 feet in length within the lot which is parallel to the front lot line, or parallel to the chord of a curved front lot line, and at the maximum distance from the front lot line. "Lot line, side" means any lot boundary line which is not a front lot line or a rear lot line. "Lot, through" means a lot having frontage on two parallel or approximately parallel parkways, highways and/or streets.
"Lot width" means the horizontal distance between side lot lines as measured at a right angle from the midpoint of a straight line drawn in accordance with the definition of "lot depth." "Low and very low income households" means income limits published by the State Department of Housing and Community Development. This definition applies to both for-rent and for-sale housing. "Low-barrier navigation center" means a housing first, low-barrier, service-enriched shelter focused on moving individuals experiencing homelessness into permanent housing and connecting them to services. A "low barrier navigation center" includes any facility that meets the definition and requirements set forth in Sections 65660 and 65662 of the Government Code or any similar facility owned by the city, regardless of whether it strictly meets the definition and requirements set forth in Sections 65660 and 65662 of the Government Code. "Major highway" means a major highway or primary arterial designated on the circulation element of the general plan.
"Major wireless telecommunication facilities" means self-supporting, ground mounted facilities that exceed the maximum allowable height in the zone in which they are located. These facilities require Federal Communications Commission and Federal Aviation Administration review. The design of these structures shall best match the background color scheme as seen from the primary roadways adjacent to the site. Ground mounted Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
cabinetry shall complement the adjacent buildings in color and material treatment. Typical major wireless telecommunication facilities include data transfer services or personal communication services (PCS), and cellular telephone towers.
"May" is permissive.
"Microwave station" means a building housing equipment necessary for the receiving, amplifying or transmitting of microwave signals, including necessary antenna systems, along a communications route or system which employs microwave frequencies assigned by the Federal Communications Commission. "Ministorage warehouse" means a warehouse and associated office and/or residence designed and intended to serve the storage needs of a variety of users from individuals to businesses on a rental basis. "Mini wireless telecommunication facilities" means accessory structures attached to roof tops or buildings as an accessory or complementary use to the primary land use on the site. These structures do not exceed 10% of the height of the buildings on which they are mounted and must be fully enclosed or designed in a way that is consistent with the architectural design of the buildings on-site. Typical uses of mini wireless telecommunication facilities include building to building communications, local dispatch facilities, and small satellite communications facilities.
"Minor wireless telecommunication facilities" means freestanding structures essential to the primary use of the property and which do not exceed the height limit in the zone in which they are located. The structure can be roof or building mounted or solely ground mounted and be consistent with the design of the existing buildings onsite. Typical minor wireless telecommunication facilities include radio and television towers, regional dispatch facilities, and larger satellite communications facilities. "Mixed use development" means the development of two or more land uses including, but not limited to a combination of residential, commercial or industrial uses on a single parcel of land or in a physically integrated group of structures.
"Mobilehome" means either of the following:
1. A structure transportable under permit in one or more sections, designed and equipped to contain not more than two dwelling units to be used with or without a foundation system; or
2. A structure transportable under permit in one or more sections, designed to be used with a foundation system for any of the following purposes:
a. Three or more dwelling units, as defined in Section 18003.3 of the Health and Safety Code, b. A dormitory. A dormitory shall mean a room or rooms inhabited for the purposes of temporary residence by two or more persons,
c. A residential hotel, as defined in Section 50519 of the Health and Safety Code, d. Efficiency units, as defined in Section 17958.1 of the Health and Safety Code.
Mobilehome does not include a recreational vehicle, commercial coach, or factory-built housing as defined in Section 19971 of the Health and Safety Code. The handicap accessibility and adaptability requirements of Title 24 of the California Code of Regulations applicable to dormitories, hotels and apartment houses shall be applicable to mobilehomes constructed for those purposes.
"Mobilehome lot" means a lot created through the approval of a mobilehome subdivision by the city. "Mobilehome park" means any area or tract of land where two or more mobilehome spaces are rented or leased or held out for rent or lease to accommodate manufactured homes or mobilehomes used for human habitation as defined in Section 18211 of the Health and Safety Code.
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(Supp. No. 10-24, Upd 1)
"Mobilehome space" means an area of land within a mobilehome park designed for the accommodation of one mobilehome which is rented or leased by the owner or occupant of a mobilehome for placing a mobilehome thereon for residential purposes.
"Mobilehome subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units into lots, for the purpose of sale of such lots, for use as individually owned sites for the installation of mobilehomes on foundation systems.
"Mobile recycling unit" means an automobile, truck, trailer or van, licensed by the department of motor vehicles which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials. "Model home" means a dwelling unit which is constructed upon a proposed or recorded lot in a subdivision for which a tentative map has been approved or a final map recorded, and which is intended to be temporarily utilized as an example of a dwelling unit which has been, or is proposed to be, built in the same or similar subdivision or within a 3-mile city radius of the approval location. The number of model homes in a subdivision shall not exceed the number of separate and distinct floor plans offered by the developer. (A reverse or mirror image of an offered floor plan shall not be considered as a separate floor plan.) "Model studio" means:
1. Any premises on which there is conducted the business of furnishing figure models who pose for the purpose of being observed or viewed by any person or of being sketched, painted, drawn, sculptured, photographed, or otherwise similarly depicted for persons who pay a fee or other consideration or compensation or a gratuity for the right or opportunity so to depict the figure model, or for admission to or for permission to remain upon or as a condition of remaining upon the premises; and/or
2. Any premises where there is conducted the business of furnishing or providing or procuring for a fee or other consideration or compensation or gratuity, figure models to be observed or viewed by any persons or to be sketched, painted, drawn, sculptured, photographed, or otherwise similarly depicted. "Monopole" means a structure composed of a single spire, pole, or tower used to support antennas or related equipment.
"Motel" means a single building or group of attached or detached buildings containing completely furnished guest rooms or dwelling units, the majority of which have a separate entrance directly from outside the building, with conveniently located automobile parking spaces provided on the lot or parcel of land for such rooms or dwelling units as required therefor, which are designed, intended to be used, or used wholly or in part for the accommodation of registered guests who are primarily transient automobile travelers. No motel shall be allowed to have more than 40% of its total gross floor area devoted to dwelling units. "Motel" shall also include auto courts, motor lodges and tourist courts. (See definition of "dwelling unit.") "Mounted" means attached or supported.
"Multiple-family project" means a building, or a portion of a building designed or used for occupancy by three or more families, living independently of each other and containing three or more dwelling units. "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. A use that contains these operational characteristics shall be deemed a nightclub even if alcoholic beverages are not served.
"Nodes" means a connection point, redistribution point, or communication endpoint (e.g., data terminal equipment) within a telecommunications network.
Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
"Nonconforming building or structure" means, unless otherwise specified by this title, any building or structure that was lawfully established and in compliance with all applicable ordinances and laws at the time this title or any amendment thereto became effective, but which, due to the application of this title or any amendment thereto, no longer complies with all the applicable regulations and standards of development in the zone in which it is located.
"Nonconforming use" means any use of land or property that was lawfully established and in compliance with all applicable ordinances and laws at the time this title or any amendment thereto became effective, but which due to the application of this title or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which it is located. "Nudist camp" means any place where three or more persons not all members of the same family congregate, assemble, associate or engage in any activity while without clothing or covering or with partial clothing or covering but with any pubic area or any portion of the crease of the buttocks exposed in the presence of others or of each other, other than an occasional gathering in, or on the premises of a private home. Nudist camp includes growth center.
"Nuisance" means everything that endangers life, the public health, safety and welfare, gives offense to the senses, violates the laws of decency, or obstructs the reasonable and comfortable use of property by the owner or the occupant.
"Oath" means and includes affirmation.
"Open space" means space upon the land which is unoccupied by buildings, driveways and parking areas. "Open space, private" means open space which is intended for the exclusive use of the owner or tenant of a dwelling unit, which abuts said dwelling unit and is bounded by a wall, fence or landscaping on at least two sides, and may include a patio or balcony (covered or uncovered). "Open space, public" means open space which is available for use by the public at large. "Open space, usable common" means open space which is available for use by all residents of the development and which is landscaped with lawns, trees and shrubs, and may contain paved walkways, patios, swimming pools, and similar improvements. Such open space shall have no dimension thereof less than 10 feet and area thereof not less than 200 square feet. All usable common open space shall be exclusive of required yards. "Ordinance" means an ordinance of the city of Lancaster. "Outdoor festival" means any music festival, dance festival, rock festival or similar musical activity to which both of the following apply:
1. Attendance by more than 500 persons is desired or may reasonably be expected; and
2. The festival will be held at any place other than in a permanent building or permanent installation which has been constructed for the purpose of or is so constructed that it can be used for conducting such activities.
It is immaterial whether music will be provided by paid or professional, or amateur performers or by prerecorded means; or whether admission is to be charged. "Outside display" means the placement of goods, equipment, merchandise or exhibits at a location visible to the public view, other than within a building.
"Outside storage" means the storage of goods, equipment or materials outside of a building for any purpose other than outside display.
"Parcel of land" means a contiguous quantity of land, owned by, or recorded as the property of the same claimant or person, or in the possession of the same claimant or person pursuant to a recorded lease with a term of not less than 20 years.
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(Supp. No. 10-24, Upd 1)
"Pawnshop" means an establishment where a pawnbroker loans money on the security of personal property which is pledged in his keeping.
"Person" means any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, county, city and county, municipality, district or other political subdivision, or any other group or combination acting as a unit. "Personal Communication Service means digital low-power, high-frequency commercial wireless radio communication technology that has the capacity for multiple communication services and the routing of calls to individuals, regardless of location.
"Pest control operator" means a person who engages in the business of eradicating or controlling any pest which is or is liable to be dangerous or detrimental to agriculture by the application of any substance, method or device, or who engages in the business of preventing, destroying, repelling, mitigating or correcting any disorder of plants by the same means or both. "Pest control operator" does not include a person engaged in the business of termite eradication or control.
"Plot plan." Whenever this title refers to a "plot plan" or "plan" it shall be construed to mean a site plan. "Pool hall" means any entertainment establishment which has more than four pool tables or in which more than 50% of the gross floor area is devoted to pool tables and the space required to use such tables. "Portable sign" means a freestanding sign not permanently affixed, anchored or secured to either the ground or a structure on the premises it occupies.
"Pot-bellied pig" means a pig classified as Sus scrofa jubatus Muller, or Sus scrofa (cristatus) vittatus, as commonly referred to as a Vietnamese pot-bellied pig, which stands no higher than 20 inches at the shoulder and is no longer than 40 inches from the tip of the head to the end of the buttocks, and weighs no more than 120 pounds. When such animals are located in an R zone they shall be registered with a nationally recognized registry as one of the above species of pot-bellied pigs and considered as pets. "Premises" means any lot or lots and the buildings, structures, or other improvements located thereon. "Principal use" means a primary or dominant use established, or proposed to be established, on a lot or parcel of land.
"Private property" means any property other than public property. "Project grading" means any excavation or fill or combination thereof, necessary and incidental to impending building construction or other lawful development of the premises. Impending building construction or other development as used in this section shall mean the initiation of such construction or development within one year of the date of application.
"Property line" means lot line.
"Pro shop" means an incidental commercial use operated in conjunction with, and on the same premises as a principal recreational use, which offers for retail sale sporting equipment and supplies customarily utilized in participating in such recreational activity. "Pro shop" does not include a general sporting goods store. "Public property" means any real or personal property in which the city or any other governmental entity or any publicly regulated utility company possesses an ownership interest. Public property shall include, without limitation, any street, sidewalk, curb, curbstone, street lamp post, hydrant, tree, tree stake or guard, railroad trestle, electric light, power, telephone or telegraph system, any lighting system, public bridge or wall, drinking fountain, life preserver, lifesaving equipment, street sign, traffic sign or signal, street median, public park, or other publicly owned property or structure.
Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
"Public utility service center" means any buildings or premises used for the administration of public utility repair, maintenance and installation crews including parking for vehicles, not to exceed 2 tons rated capacity, but not including warehouses or storage yards.
"Public utility service yard" means any buildings or premises used for the office, warehouse, storage yard, or maintenance garage of a public utility including microwave repeater stations when incorporated as a part of the service yard use.
"Quarry" means any place on a lot or parcel of land where dirt, soil, sand, gravel, rock, clay, decomposed granite, or other similar material is removed by excavation or otherwise. Quarry shall include mining operations for the removal of ores, precious stones, or other solid materials but shall not include project grading. "Recreation club, commercial" means a commercial enterprise offering the use of outdoor recreational facilities to the public.
"Recreation club, private" means an association of persons who are bona fide members, paying regular dues, and organized to provide outdoor recreational facilities for members and their guests but not including an association organized primarily to render a service customarily carried on as a commercial enterprise. "Recreation facilities, neighborhood" means outdoor recreation facilities established by an association of persons who are bona fide members and operate as a nonprofit corporation to provide outdoor recreation facilities for residents in the immediate vicinity and their guests. Such facilities may include a clubhouse, changing rooms and similar subordinate facilities in conjunction with the outdoor recreation activity but shall not include a restaurant, bar or pro shop.
"Recreational trailer park" means any area or tract of land, within an area zoned for recreational use, where one or more lots are rented or leased or held out for rent or lease to owners or users of recreational vehicles or tents and which is occupied for temporary purposes.
"Recreational vehicle" means a motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy as defined in Section 18010 of the Health and Safety Code.
"Recyclable material" means reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form.
Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Section 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.
"Recycling facility" means a center for the collection and/or processing of recyclable materials. A "certified recycling facility" or "certified processor" means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities may include the following:
1. "Collection facility." A collection facility is a center for the acceptance by donation, redemption or purchase, of recyclable materials from the public. Such a facility does not use power-driven processing equipment except as indicated in Article VI of Chapter 17.40, Criteria and Standards for Recycling Facilities. Collection facilities may include the following:
a. Reverse vending machine(s);
b. Small collection facilities which occupy an area of not more than 500 square feet, and may include:
1) A mobile unit,
Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
2) Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet,
3) Kiosk type units which may include permanent structures, 4) Unattended containers placed for the donation of recyclable materials; c. Large collection facilities which may occupy an area of more than 500 square feet and may include permanent structures.
2. "Processing facility." A processing facility is a building or enclosed space used for the collection and processing of recyclable materials. "Processing" means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing. Processing facilities include the following:
a. A light processing facility occupies an area of under 45,000 square feet of gross collection, processing and storage area and has up to an average of 2 outbound truck shipments per day.
Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact or bale ferrous metals other than food and beverage containers. b. A heavy processing facility is any processing facility other than a light processing facility. "Redevelopment agency" means the redevelopment agency of the city of Lancaster. "Renovation, exterior façade" means a resurfacing of an existing building frontage so that the façade and signs are integrated into one unit.
"Required area" means:
1. The area of a lot which is shown as a part of a subdivision for purposes of sale, recorded as a final map or filed as a record of survey map approved as provided in the Subdivision Map Act or as provided in Ordinance No. 4478, entitled "Subdivision Ordinance," adopted March 19, 1945, except that where a parcel which otherwise would have been shown as one lot, is divided into two or more lots because of a city boundary line or a line between land the title to which was registered under the Land Title Law (Torrens Title) and land the title to which was not so registered, in which case "required area" means the area of such parcel; or
2. The area of a lot or parcel of land the right of possession of which, by virtue of a deed duly recorded, or by a recorded contract of sale, is vested in a person who neither owns nor has a right of possession of any contiguous parcel of property; provided, that the deed or contract of sale by which such right of possession was separated has been recorded prior to the adoption by the board of supervisorscity council of the ordinance, which imposes the area requirements upon such lot or parcel of land; or
3. Minimum lot area is specified in the property development regulations of the zone. Required area shall not include the access strip of a flag lot extending from the main portion of the lot or parcel of land to the adjoining parkway, highway or street.
4. Where neither subsection 1, 2 or 3 applies, the required area is:
a. In the CPD zone the minimum lot area is 5,000 square feet.
5. A lot shown as such on a subdivision for the purpose of lease only does not have the required area unless it complies with subsection 2, 3 or 4 of this definition. "Residence" means a building designed as a one-family dwelling unit or a two-family dwelling unit which complies with the current adopted U.B.C.
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(Supp. No. 10-24, Upd 1)
"Reverse vending machine(s)" means an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all 3 container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary. A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time; and will pay by weight instead of by container. "Roof-mounted" means mounted above the eave line of a building. "Room, habitable" means an enclosed subdivision in a building commonly used for sleeping, living, cooking or dining purposes, excluding closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage space, cellars, utility rooms, and similar spaces. For purposes of applying parking space requirements:
1. If any of the above excluded rooms or spaces equals or exceeds 90 square feet of superficial floor area and is capable of being used for living or sleeping purposes, such room or space shall be considered a habitable room; or
2. If any room or space equals or exceeds 150 square feet of superficial floor area and is so designed to be capable of being used for both cooking and living, living and sleeping, or cooking and sleeping purposes, such room or space shall be considered as 2 habitable rooms, except in a bachelor or efficiency apartment. Superficial floor area shall be measured as clear floor space, exclusive of fixed or built-in cabinets or appliances.
"Rooming house and boarding house" means a lodging house, or other building or structure maintained, advertised or held out to the public as a place where sleeping or rooming accommodations are furnished to the whole, or any part of the public whether with or without meals. Rooming house includes fraternity and sorority houses.
"Safety" means and includes a water supply for fire protection which complies with the requirements of Ordinance No. 7834 entitled "water ordinance," adopted August 2, 1960. "Scenic highway" means a highway within the state scenic highway system of the state of California. "Service provider" means an entity that has traditionally provided telephone and similar services. This includes incumbent local exchange carriers, competitive local exchange carriers, and mobile wireless communication companies. Examples include Verizon, AT & T, and Sprint. "Scrap metal processing yard" means any establishment or place of business which is maintained, used or operated solely for the processing and preparing of scrap metals for remelting by steel mills and foundries. "Second dwelling unit" means an additional dwelling unit on a lot or parcel which provides complete independent living facilities and may be rented. For the purposes of this title a granny house is considered a second dwelling unit.
"Section" means a section of this title unless some other ordinance or statute is mentioned. "Senior citizens and handicapped persons housing development" means a multiple-family housing development maintained for the occupancy of the elderly in which not more than 10% of the occupants are under 62 years of age, or for handicapped persons whose disabilities seriously restrict operation of a motor vehicle. "Senior mobilehome park" is a mobile home park in which at least 80% of the spaces are occupied by or intended for occupancy by at least one person who is 55 years of age or older, or in which 100% of the spaces are occupied or intended for occupancy by persons 62 years of age or older.
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(Supp. No. 10-24, Upd 1)
"Shadow plan" means a diagram of the total area likely to be shaded from the sun on December 21st by an object of given height and dimension.
"Shall" is mandatory.
"Shopping center" means a group of attached commercial buildings, with a common architectural theme, which is designed and intended to house retail commercial uses on a lot(s) or parcel(s) of land with a total net area of 2 acres or more which is planned, developed and managed as an operating unit including the provision of onsite common parking and access to serve each use and its customers. "Sign" means any name, figure, character, outline, spectacle, display, delineation, announcement, advertising, billboard, signboard, device, appliance, or any other thing of similar nature to attract attention outdoors or on the face, wall or window of any building, and shall include all parts, portions, units and materials composing the same, together with the frame, background and support of anchorage therefor, as the case may be.
Any sign authorized by this title is allowed to contain noncommercial copy in lieu of any other copy. "Sign area" means the entire surface area, excluding all support structures, of a single-faced sign or the largest face of a sign having 2 or more faces.
"Sign Area, Total" means the sum of the surface areas, excluding all support structural faces of a sign. "Sign, awning or entrance canopy" means any sign affixed to an awning or removable canopy not permanently attached to or built as part of a building. Such signs shall be considered the same as a projecting sign for purposes of regulation.
"Sign, building identification" means a sign which contains no advertising matter other than the name and/or trademark and/or address of the building to which it is affixed or of the occupant located therein. "Sign, bulletin or special event" means a changeable copy sign on which bulletins, notices, messages or displays are placed.
Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
"Sign, business" means a sign directing attention to the principal business, profession or industry located upon the premises upon which the sign is displayed, to type of products sold, manufactured or assembled, or to services or entertainment offered on said premises.
"Sign, changeable copy" means a sign which is characterized by manually changeable copy, letters, symbols or numerals.
"Sign, civic organization" means a sign which contains the names of, or any other information regarding civic, fraternal or religious organizations located within an unincorporated community or city but which contains no other advertising matter
"Sign, community identification" means a sign which contains the name of an unincorporated community or city of the county and appropriate travel directions but which contains no other advertising matter. "Sign, construction" means temporary sign denoting the architects, engineers, owners, lenders, contractors, future tenants and others associated with a construction project, but which contains no other advertising matter. "Sign, directional and/or informational" means a sign which indicates the route to, direction of, or location of a given goal, or which provides regulatory or service information of a nonadvertising character. "Sign face" means that portion of a sign intended to be viewed from one direction at one time. Spherical, cylindrical, or other 3-dimensional signs not having conventional sign faces shall be considered to have 2 faces and the area of each sign face shall be computed from the smallest 3-dimensional geometrical shape or shapes which will best approximate the actual surface area of said faces. "Sign face height" means the vertical dimension of a sign face. "Sign face length" means the horizontal dimension of a sign face. "Sign, flashing or scintillating" means any sign which, by method or manner of illumination, flashes on or off, winks, or blinks with varying light intensity, shows motion or creates the illusion of motion, or revolves in a manner to create the illusion of being on or off.
"Sign, freestanding" means a sign which is placed on the ground or has as its primary structural support one or more columns, poles, uprights or braces in or upon the ground. "Freestanding sign" includes ground, monument, pole and post signs.
"Sign, freeway-oriented" means a sign oriented to be viewed primarily from an adjacent freeway which identifies a business engaged in the provision of food, lodging or motor vehicle fuel, and which is primarily dependent upon said freeway.
Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
"Sign, fuel pricing" means a sign indicating, and limited to, the brand or trade name, method of sale, grade designation, and price per gallon of gasoline or other motor vehicle fuel offered for sale on the business premises; and such other information as may be required by county ordinance or state law. "Sign, incidental business" means a business sign indicating credit cards accepted, trading stamps offered, trade affiliations and similar matters.
"Sign, lighted" means a sign which is illuminated by any source whether internal, external or indirect. "Sign, marquee" means any sign painted on or affixed to the perimeter or border of a permanently roofed structure constructed as a part of a building and protruding over public or private sidewalks or rights-of-way. Such signs shall be considered wall signs for purposes of regulation. "Sign, monument" means a freestanding sign which does not exceed 12 feet in height and is supported by an enclosed structure which has at least the same length and width as the sign face it supports. "Sign, outdoor advertising" means any sign directing public attention to a business, profession, product or service that is not a primary business, profession, product or service which is sold, manufactured, conducted or offered on the premises where such sign is erected or maintained. "Outdoor advertising sign" includes billboard. "Sign, pole" means a freestanding sign which is supported entirely by unenclosed poles or uprights in or on the ground. (This definition shall not apply to outdoor advertising signs.) "Sign, portable" means a freestanding sign which is not permanently affixed, anchored or secured to either the ground or a structure on the premises it is intended to occupy. "Sign, post" means a freestanding sign which is supported by not more than 2 enclosed poles or uprights in or on the ground, and the horizontal dimensions of such enclosure where it faces the same direction as the sign face is not less than 50% of the maximum length of the sign face. Where 2 enclosed poles or uprights are used the sum of the 2 equal horizontal dimensions of the enclosures is not less than 50% of the maximum length of the sign face.
Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
"Sign, project identification" means a sign which displays only the name of a multiple-family development or project and shall be only a wall sign or monument sign. "Sign, projecting" means a sign which is affixed to and wholly supported by an exterior wall of a building or structure other than a wall sign.
"Sign, pylon" means a freestanding sign in which the sign face is separated from ground by means of one or more supports such as enclosed poles, pole covers or columns. "Sign, revolving" means a sign or any portion thereof which rotates, moves or appears to move in some manner by mechanical, electrical, natural or other means. "Sign, roof" means any sign erected upon and wholly supported by the roof of any building or structure. "Roof sign" shall not include a wall sign affixed to the roof eaves or that portion of an actual or false roof varying less than 45 degrees from a vertical plane as provided by this title. "Sign, sidewalk" means a temporary, portable sign typically near or upon a sidewalk. "Sign structure" means a structure existing, erected or maintained to serve exclusively as a stand, frame or background for the support or display of signs.
"Sign, subdivision directional" means a temporary single-faced sign used for the purpose of providing travel directions to a subdivision development offered for public sale for the first time. "Sign, subdivision entry" means a temporary sign which provides necessary travel directions to and within a subdivision offered for sale or lease for the first time but contains no other advertising matter. "Sign, subdivision kiosk" means a sign erected for the purpose of providing directional information in a uniform manner to new residential developments offered for sale for the first time to the public. Said sign may identify multiple developments and shall contain no advertising information other than the name of the development and a directional arrow. Subdivision kiosk signs may also contain directional information to public facilities.
"Sign, subdivision sales" means a temporary sign which contains the name of, and information relating to, a subdivision being offered for sale or lease for the first time. "Sign, subdivision special-feature" means a temporary sign which contains a description of the features and related information pertaining to a model home complex in a subdivision offered for sale or lease for the first time. "Sign, temporary" means any sign which is intended to be posted for a maximum period of one year.
Temporary signs include, without limitation as to content, political campaign signs, garage sale signs, search lights, real estate—for sale, lease, rent, or open house signs, holiday decorations, and seasonal sales signs. "Sign, temporary personal message" means a sign which is of a temporary nature and which displays only personal, as opposed to commercial, messages from the resident owner or occupant of the residential premises.
Such messages may include, but are not limited to, birth announcements, greeting for a birthday or anniversary, and other messages of a personal nature.
"Sign, temporary window" means any sign painted on a window or constructed of paper, cloth, canvas or other similar lightweight material, with or without frames, and affixed to the interior side of a window and displayed so as to call to the attention of persons outside the building a sale of merchandise or a change in the status of the business.
"Sign, time, temperature and public service" means a sign which uses any system to display the time of day and/or atmospheric temperature, and which may have the means to display a programmable electronic public service message. Electronic messages of an advertising nature are not permitted on such signs. "Sign, under-marquee" means any sign suspended from the underside of a permanently roofed structure constructed as part of a building and protruding over public rights-of-way or private sidewalks.
Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
"Sign, wall or wall-mounted" means a sign, other than a roof sign, affixed to and wholly supported by a building in such a manner that its exposed face is approximately parallel to the plane of said building and is not projecting more than 18 inches from the building face or from a permanent roofed structure projecting therefrom. "Sign, window" means any sign which is painted on or otherwise permanently affixed to the display window glass or located inside the building within 3 feet of the display window glass. "Single-family attached residence" means a building, containing only one kitchen, designed or used to house not more than one dwelling unit, which shares a common wall or walls with another dwelling unit or units of the same type, and which is located on a separate lot from the unit or units with which it shares a common wall or walls. No such dwelling unit may occupy any space over or above another dwelling unit. "Single-family detached residence" means a building containing only one kitchen, designed or used to house not more than one dwelling unit, not attached to or sharing a common wall with any other dwelling. "Slope" means the degree of deviation of surface from the horizontal, usually expressed in percent or degrees.
Slope Percentage = rise / run = (x) feet run to one foot rise "Sludge" means the accumulated matter, whether mechanically treated, irradiated, digested, stabilized, composted, or untreated, produced in the treatment of wastewater. This includes liquid, semi-liquid, and solid material that has been mechanically dewatered or air dried. "Solar energy system" means either of the following depending upon the context of the ordinance:
1. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage and distribution of solar energy lot space heating or cooling, or for water heating, or generation of electricity; or
2. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating or cooling, or for water heating. "Solid fill" means any noncombustible materials, insoluble in water, such as soil, rock, sand or gravel, that can be used for grading land or filling depressions.
Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
"Solid fill project" means any operation on a parcel of land where more than 1,000 cubic yards of solid fill materials are deposited for any purpose including the grading or reclaiming of land. "Special use permit" means whenever this title, or any case granted thereunder, refer to a "special permit" or a "special use permit" it shall be construed to mean a conditional use permit. "Stable, boarding" means a stable for the boarding of horses, mules or ponies for compensation. "Stable, commercial" means a stable which offers horses, mules or ponies for hire. Such stables may also offer training for such animals and/or riding instruction. Commercial stables may also board such animals for compensation.
"Stand" means a structure for the display and sale of products with no space for customers within the structure itself.
"Station" means the stopping place in a transportation system designed or intended to be used for the receiving or discharging of passengers and cargo, but shall not provide for the storage of the conveyance vehicle and shall not include any appurtenant facilities other than a shelter and ticketing facilities for passengers. Stations include train stations, bus stations, and similar transit stations. "Stealth communication facilities" means wireless telecommunication facilities that may be over the height limit in the zone in which they are located, but are designed or camouflaged to blend into the surrounding background environment or be enclosed into the structure upon which they are mounted. Stealth facilities would not be recognizable as a wireless telecommunication device. Examples include wireless telecommunication facilities constructed within church steeples or towers, camouflaged by vegetation, or designed into the construction of other architectural building features.
"Story" is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the roof above. Story includes a basement but not a cellar. "Street." See Section 16.04.060 of this code for definitions of the various types of streets. "Structure" means anything construed or erected, which requires a fixed location on the ground, or is attached to something having a fixed location on the ground. "Subdivision development" means a subdivision located wholly or partially within the city, a final map of which has been recorded prior to the date on which an application for a subdivision directional sign pursuant to the provisions of Section 17.40.220C has been filed.
"Subdivision directional sign base" means the base structure upon which subdivision directional signs are placed.
"Subdivision ordinance" means the subdivision ordinance of the city, codified as Title 16 of this code. "Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
"Telephone repeater station" means a building used for housing amplifying equipment along aerial or underground telephone cable routes.
"Temporary wireless communications facility" means a wireless communications facility that is kept portable or mobile and deployed while a permanent facility is under construction. "Terminal" means any facility designed or intended to be used for the receiving or discharging of passengers or cargo and providing for the temporary or permanent storage of the conveyance vehicle. Terminals include train Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
terminals, airports, bus terminals, freight terminals, harbor terminals, or any combination of the above commonly referred to as multipurpose terminals.
"Theater" means an enclosed building used for public assembly and/or entertainment including sports events, theatrical performances, concerts and recitals, circuses, stock shows and conventions. "Theater" includes auditorium.
"Tower height" means the height of the actual tower plus one-half the rotor diameter on horizontal axis installations, and the distance from the base of the tower to the top of the unit on vertical axis installations. "Transitional housing" means buildings configured as rental housing developments but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than 6 months from the beginning of the assistance.
"Travel trailer" means a vehicle other than a motor vehicle which is designed for human habitation and which may be moved upon a public highway without a special permit or chauffeur's license. "Travel trailer park" means any area or tract of land or a separate designated section within a mobilehome park where one or more lots are rented or leased or held out for rent or lease to owners or users of recreational vehicles used for travel or recreational purposes.
"Use" means and includes construction, establishment, maintenance, alteration, moving onto, enlargement and occupation. Wherever this title prohibits the use of any premises for any purposes, such premises and any building, structure or improvement on such premises shall not be used, occupied, altered or improved for such purpose, and no building, structure or improvement on such premises shall be erected, constructed, established, maintained, allowed to remain, altered, moved onto, or enlarged which is designed, arranged or intended to be occupied or used for such purpose.
"Veterinary clinic, small animal" means any facility providing medical or surgical treatment, clipping, bathing and similar services to dogs, cats and other small animals, but excluding boarding or the keeping of animals on the premises other than those requiring emergency treatment or those recovering from anesthetic. "Video game arcade" means any use where five or more coin-operated games of skill are kept and maintained for public use.
"Waste disposal facility" means any dump, transfer station, land reclamation project, incinerator except household incinerators and wood refuse to be burned in a suitable furnace, or other similar site or facility which is used or intended to be used for the transfer, salvage or disposal of rubbish, garbage or industrial waste. Waste disposal facilities do not stockpile, commercially compost, process, or handle sludge or biosolid materials. "Wild animal" means any wild, exotic, dangerous or nondomestic animal, including but not limited to mammals, fowl, fish or reptiles.
"Wind energy conversion system" means a mechanism which is designed to utilize the natural movement of air as a means of generating electricity. The following terminology as it pertains to wind energy conversion systems is listed below:
"AWEA" means American Wind Energy Association.
"FAA" means Federal Aviation Administration.
"Guy wires" means wires or cables used in tension to support a tower. "Non-commercial wind energy system ("NC-WES")" means a small wind energy system suitable for Rural Residential Zone (RR-1 and RR-2.5 only) meeting the requirements of Section 17.08.337, consisting of a wind turbine, tower, blades, associated controls and conversion electronics, which has a rated capacity that does not exceed the allowable rated capacity under the Emerging Renewables Fund of the Renewables Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
Investment Plan administered by the California Energy Commission and which will be used primarily to reduce on-site consumption of utility power by converting mechanical energy into electricity. "Tower" means the portion of the NC-WES upon which the wind turbine is mounted. "Tower height" means the height above grade of the fixed portion of the tower measured from the ground to the top of the tower, excluding the wind turbine, blades and wind-measuring devices. "USGS" means the United States Geological Survey.
"Utility pole" means any pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission.
"Vertical axis wind turbine (VAWTS)" means a small scale, non-commercial vertical axis wind turbine system, designed with a vertical axis, suitable for residential zones consisting of a wind turbine, tower, blades, associated controls and conversion electronics, which has a rated capacity that does not exceed the allowable rated capacity under the Emerging Renewables Fund of the Renewables Investment Plan administered by the California Energy Commission and which will be used primarily to reduce on-site consumption of utility power by converting mechanical energy into electricity. "Wind turbine" means a non-commercial small wind turbine consisting of a wind turbine generator and rotors, which has a rated capacity of not more than one hundred (100) kilowatts (kW) and which converts kinetic energy in wind into mechanical energy.
"Wireless telecommunications facility" means a land use facility supporting antennas whips, panels or microwave dishes that send or receive radio frequency signals. Wireless telecommunication facilities include the structures or towers and related equipment buildings or cabinetry supporting the facility and can be manned or unmanned. Wireless telecommunications do not include noncommercial communication facilities such as licensed amateur radio stations and standard radio and television receive-only antennas. "Writing" means and includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this title, it shall be made in writing in the English language unless it is expressly provided otherwise. "Yard" means an open space on the same lot or parcel of land, other than a court, unoccupied and unobstructed from the ground upward, except as otherwise permitted by this title. "Yard, front" means a yard extending across the full width of the lot or parcel of land. The depth of a required front yard shall be a specified horizontal distance between the highway line of any arterial or other street on which the property fronts, and a line parallel thereto on the lot or parcel of land, except as otherwise provided for a flag lot in Section 17.08.170A. On corner lots the front yard shall be located across the narrower frontage of the lot. A yard shall not be deemed a front yard if there is no right of access of any kind, pedestrian or vehicular, from the adjoining arterial or other street.
"Yard, rear" means a yard extending across the full width of the lot or parcel of land. The depth of the required rear yard shall be a specified horizontal distance between the rear lot line and a line parallel thereto on the lot or parcel of land.
"Yard, side, corner" means a yard bounded by an arterial or other street, extending from the required front yard, or the highway line on which the property fronts where no front yard is required, to the required rear yard or to the rear lot line where no rear yard is required. The width of such required side yard shall be a specified horizontal distance between the highway line of the arterial or other street on which the property sides, and a line parallel thereto on the lot or parcel of land.
"Yard, side, interior" means a yard extending from the required front yard, or the highway line on which the property fronts where no front yard is required, to the required rear yard or to the rear lot line where no rear yard Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
is required on other than a corner side yard. The width of a required interior side yard shall be a specified horizontal distance between each such side lot line and a line parallel thereto on the lot or parcel of land. "Yard, street side" means the same as corner side yard. (Ord. 900 § 1, 2008; Ord. 896 § 1 (Exh. A §§ 1, 2), 2008; Ord. 862 § 1, 2006; Ord. 849 § 1 (Exh. A § 1), 2005; Ord. 758 § 1 (Exh. A § 1 (part)), 1999; Ord. 753 § 1 (Exh. A § 1 (part)), 1999; Ord. 713 § 1, 1995; Ord. 711 § 3, 1995; Ord. 681 §§ 1, 2, 1995; Ord. 663 § 1, 1994; Ord. 661 § 3, 1994; Ord. 651 § 3, 1993; prior zoning ord. §§ 120—120.25) (Ord. No. 921, § 1, 6-9-09; Ord. No. 954, § 1, 12-14-2010; Ord. No. 989, §§ 2—5, 7, 4-9-2013; Ord. No. 1070, § 4(Exh. A), 1-14-2020; Ord. No. 1106, § 4(Exh. A), 10-10-2023) Chapter 17.08 RESIDENTIAL ZONES1
Article I. In General
17.08.010 In general.
As used in this title, "residential zones" mean the RR, R, MHP, MDR and HDR zones. (Ord. No. 989, § 1, 4-9-2013)
Article II. Non-urban, Urban, Medium and High Density Residential Zones
17.08.020 Purpose and intent.
The purpose and intent of the residential zones are to implement the city's general plan, and land use designations as set forth in the text of the general plan and as delineated on the general plan map. The adopted general plan specifies goals, objectives, policies, and specific actions with regard to residential uses and development.
1 Editor's note(s)—Ord. No. 989, § 1, adopted April 9, 2013, repealed ch. 17.08, §§ 17.08.010—17.08.400 and added a new ch. 17.08, §§ 17.08.010—17.08.500. The former chapter pertained to similar subject matter and derived from prior zoning ord. §§ 200.000, 201.010—201.021, 201.023—201.025, 201.027, 201.040, 201.050, 201.060—201.062, 201.070—201.075, 201.080, 201.083, 201.085, 201.086, 201.088, 202.010, 202.015, 202.020, 202.021, 202.024, 202.025, 202.050, 202.052, 202.053, 202.070, 211.000—211.130,
2.12.000—2.12.140, 212.200—212.230, 213.100—213.130, 213.500—213.585, 214.200, 214.300; Ord. 651 §§ 4(part), 5, 1993; Ord. 658, § 1, 1994; Ord. 663 § 2, 1994; Ord. 681 § 3, 1995; Ord. 711 §§ 4—13, 18(part), 19(A), 30(part), 31, 43(part), 1995; Ord. 713 §§ 2, 4, 1995; Ord. 752 § 1, 1999; Ord. 758 § 1(Exh. A §§ 2, 3), 1999; Ord. 812 § 2, 2003; Ord. 815, Exh. A, 2003; Ord. 816, Exh. A(part), 2003; Ord. 837, § 1 Exh. A(part), 2004; Ord. 854, § 1(Exh. A), 2006; Ord. 879 § 1(part), 2007; Ord. 896, § 1(Exh. A §§ 3, 4), 2008; Ord. 900 §§ 2—6, 2008; Ord. No. 907, § 4, adopted October 28, 2008; Ord. No. 921, §§ 2—4, adopted June 9, 2009; Ord.
No. 924, § 1, adopted August 25, 2009; Ord. No. 933, §§ 1—3, adopted October 13, 2009; Ord. No. 941, § 3, adopted February 9, 2010; Ord. No. 954, §§ 2—6, adopted December 14, 2010; Ord. No. 956, §§ 1, 2, adopted January 11, 2011; Ord. No. 964, § 1, adopted May 24, 2011; Ord. No. 971, §§ 4—6, adopted October 25, 2011.
Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
It shall not be the intent of this title to render previously legally created building lots or legally constructed buildings which do not comply with the property development regulations of this title to be nonconforming where these lots or buildings complied with the ordinances in effect at the time of their creation or construction. (Ord. No. 989, § 1, 4-9-2013)
17.08.030 Purposes of the Residential zones.
A. Non-Urban Residential or RR Zones. These zones are intended to provide for single-family dwellings in a nonurban environment with minimal urban services. The primary difference between the zones is the minimum lot size. Only those additional uses that are complementary to and exist in harmony with a rural residential neighborhood are allowed.
1. The RR-2.5 (rural residential) zone implements the "non-urban residential, rural residential" designation. This zone is intended for rural single-family residential use, allowing one dwelling unit per minimum net area of one hundred thousand (100,000) square feet;
2. The RR-1 (rural residential) zone implements the "non-urban residential, low density" designation. This zone is intended for low density single-family residential use, allowing one dwelling unit per minimum net area of forty thousand (40,000) square feet; and
3. The SRR (semi-rural residential) zone implements the "non-urban residential, transitional density" designation. This zone is intended for transitional density between the rural and urban land uses, allowing one dwelling unit per minimum net area of twenty thousand (20,000) square feet.
B. Urban Residential or R Zones. These zones are intended to provide for single-family dwellings in an urban environment with full urban services. Only those additional uses that are complementary to and exist in harmony with an urban residential neighborhood are allowed.
1. The R-15,000 zone implements the "urban residential, transitional density" land use designation. This zone is intended for single-family dwellings, allowing one dwelling unit per minimum net area of fifteen thousand (15,000) square feet;
2. The R-10,000 zone implements the "urban residential, transitional density" land use designation. This zone is intended for single-family dwellings, allowing one dwelling unit per minimum net area of ten thousand (10,000) square feet; and
3. The R-7,000 zone implements the "urban residential, low density" land use designation. This zone is intended for single-family dwellings, allowing one dwelling unit per minimum net area of seven thousand (7,000) square feet.
C. Medium and High Density Residential Zones. These zones are intended to provide for medium to high density multiple-family dwellings in an urban environment with full urban services. Only those additional uses that are complementary to and exist in harmony with such residential developments are allowed.
1. The MDR zone implements the "medium density residential" land use designation. This zone includes lower intensity residential dwelling units, with a density range of 6.6 to fifteen (15) dwelling units per acre; and
2. The HDR zone implements the "high density residential" land use designation. This zone includes higher density residential dwelling units, with a density range of 15.1 to thirty (30) dwelling units per acre.
(Ord. No. 989, § 1, 4-9-2013)
Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
17.08.040 Applicability of standards.
A person shall not use any premises in the residential zones, except as hereafter permitted in this title and subject to all regulations and conditions enumerated in this title. Development and new land uses proposed within the residential zones shall comply with the standards in this section for the applicable zones, as follows:
A. Use. Only the land uses allowed by Section 17.08.050 shall be established in the applicable zone. In the instance when an applicant proposes a use that is not specifically listed in Section 17.08.050, the planning director shall make a determination on whether it is allowed or not, based on the finding that the proposed use would complement and be able to exist in harmony with other permitted uses in the same zone.
B. Site Specifications and Building Placement. Each proposed structure shall comply with the build-to line, setback, and buildable area requirements in Section 17.08.060 as required for the applicable zone.
C. Building Size and Massing. Each proposed structure shall adhere to size, massing, and height standards established by Section 17.08.060 for the applicable zone.
D. Parking. On-site parking shall be provided, located, and designed in compliance with Section 17.08.060 for the applicable zone.
E. Development and Building Types. All developments shall substantially resemble one of the development and building types listed in Section 17.08.060, or feature primary characteristics of the development and building types. All residential developments which meet the objective development standards in Section 17.08.060 and the objective design standards in Chapter 17.41, Article IV, shall be deemed to meet this requirement.
F. Other Design Requirements. All other requirements listed in Section 17.08.060, Section 17.08.070, and all applicable guidelines in the city design guidelines shall apply. All residential developments which meet the objective development standards in Section 17.08.060 and the objective design standards in Chapter 17.41, Article IV, shall be deemed to have met the discretionary design standards in Section
17.10.070 and applicable guidelines.
(Ord. No. 989, § 1, 4-9-2013; Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.08.050 Uses and permit requirements.
A. Uses and permit requirements. The uses and permit requirements applicable to the residential zones are identified in the Uses Matrix below. Uses which do not fall into any other category, and are not temporary uses, uses subject to director's review, or uses subject to permit in these zones, shall be subject to interpretation of the director. The requirement for site plan review in Section 17.08.050.B applies to all uses, except permitted (P) uses and uses subject to director's review (D) unless otherwise indicated below.
Residential Zones — Uses Matrix
USES
P = permitted use / D = director's review
C = conditional use / N/A = not allowed
* Site plan review (SPR) required
ZONES
RR-2.5
RR-1
SRR
R-15,000
R-10,000
R-7,000
MDR
HDR
A. Uses.
Single-family house on individual lot D D D
Two-unit projects (Subject to Chapter 17.41, Article III) D D D Duplex D D D
Multi family N/A N/A P*
Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
Residential planned development (RPD) C C C
Health facility7 N/A C C
Residential facility (small - six beds or fewer)8 P P P Residential facility (seven or more beds)8 N/A C C
Mobilehome and manufactured homes on individual lot D D D Mobilehome parks Permitted in MHP zone only
B. Accessory uses.
Accessory structures/buildings (gazebos, sheds, etc.) (Subject to Section 17.08.160)
P P P
Swimming pools and pool equipment (Subject to Section
17.08.160)
P P P
Accessory dwelling unit and junior accessory dwelling units (Subject to Chapter 17.41, Article I)
P P P
Small family day care (up to 7 children) P P P2
Large family day care (8 to 14 children) P P P2
Home occupation/home office (Subject to Section 17.08.200) P P P Electric vehicle charging station (EVCS) P P P
Non-commercial solar energy systems, including building and ground-mounted photo-voltaic (PV) panels
P P P
Non-commercial wind energy systems (NC-WES) D D D
Vertical-axis wind turbines (VAWTs) D D D
Cargo containers3 D N/A N/A
Light agricultural uses3, 9 P N/A N/A
Carnivals6 D D D
C. Temporary uses.
Temporary mobilehome as residence during construction D D D Real estate sales office in conjunction with new subdivision D D D Model homes in conjunction with new subdivision D D D
Cargo containers (Subject to Section 17.08.170) D D N/A Temporary Fences D D D
D. Other uses.
Animal boarding and training; kennels4 C N/A N/A
Animal hospital4 C N/A N/A
Arboretums and horticultural gardens C N/A N/A
Churches C C C
Colleges and universities C C C
Commercial crop production9 P* N/A N/A
Commercial solar electrical generation facilities4 C N/A N/A Community gardens D D D
Day care facility (serving children or adults) (Subject to Section
17.08.190)
C C C
Electric distribution substations C C C
Equestrian center; commercial or boarding stables3 C N/A N/A Expansion of parking lot for institutional uses D D D
Feed stores and related accessory uses3 C N/A N/A
Gas metering and control stations C C C
Golf courses and driving ranges, and accessory facilities C C C Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
Land reclamation projects4 C N/A N/A
Parking lots as a transitional use D D D
Radio and television stations and towers3 C N/A N/A
Retail nurseries3 C N/A N/A
Rooming and boarding houses N/A N/A C
Schools, not including trade or commercial schools C C C Single-room occupancy (SRO) (Subject to 17.08.245) N/A N/A D Utility Scale Battery Energy Storage Systems (BESS)4 C N/A N/A Water reservoirs, pumping stations, tanks, wells, etc. P* P* P* Wireless telecommunication facilities (stealth)5 D D D
Wineries (minimum 10 gross acre lot)9 C N/A N/A
Notes:
1 R-7,000 and R,10-000 zones only
2 Use, development standards and permit requirements shall be determined by the director when compatible with existing and surrounding areas and adjacent properties
3 RR-1 and RR-2.5 zones only
4 RR-2.5 zones only
5 In conjunction with a non-residential use, such as a church, school, etc. 6 Subject to the provisions of Chapter 9.46
7 In accordance with Section 1250 of the Health and Safety Code 8 In accordance with Section 1502 of the Health and Safety Code 9 In compliance with California Health and Safety Code Section 17021.6, Employee Housing is permitted as an agricultural use.
B. Site Plan Review. Except as specified in subsection C, a site plan (with vicinity map) and building elevations, drawn to scale and reflecting the accurate dimensions of the buildings and property, shall be required of any person seeking to erect new buildings or structures, make additions to any existing buildings or structures, site temporary commercial coaches, or otherwise grade, improve or develop any lot or portion thereof for a permitted use prior to the issuance of any grading or building permit. The site plan shall be accompanied by an appropriate development application and both shall be filed with the community development department. The director or his designated representative shall review the site plan for conformance with the provisions of this title. The site plan shall demonstrate conformance with height regulations, property development regulations, sign regulations or a sign program required by the city for multiple-tenant projects, off-street parking requirements, the adopted City of Lancaster Design Guidelines, any other requirements established for the adopted zoning designation in which the property(ies) is (are) located, and any other applicable city ordinances, standards, guidelines or policies.
In addition to the conditions and requirements imposed by the ordinance codified in this title and other city ordinances, standards, guidelines and policies, the director may place conditions on the approval of the site plan where the director finds that such action is necessary to protect the public health, safety and welfare. At such time as the site plan complies with the requirements of the ordinance codified in this title and other city ordinances, standards, guidelines or policies, the site plan shall be approved by the director or his designated representative.
Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
The site plan approval shall be valid for 2 years from the date of approval. A site plan shall be considered "used" when the slab of a major building in the project is poured and inspected, although circumstances in each case may vary and the final determination as to "use" of a site plan review shall be made by the director. Three one-year extensions of the approval may be granted by the director provided such written request for an extension is received not less than 60 days prior to expiration, and any significant environmental changes which have occurred since the original approval have been addressed. Any extension granted shall be conditioned to comply with the city's current design guidelines as adopted by the city council, unless the applicant can demonstrate to the director's satisfaction that such compliance will impose an undue hardship on the project. In the event the site plan or an extension thereof is denied, the applicant may appeal the decision in accordance with Section 17.36.030. All projects constructed in accordance with an approved site plan shall be permanently maintained as approved. Any desired subsequent changes shall be submitted for approval as an amendment to the site plan. Prior to occupancy the site shall be inspected for compliance with the site plan. All improvements shall be installed and functioning before occupancy will be allowed.
When the appropriate development application is filed per subsection A of this section it shall be accompanied by the filing fee established by resolution of the city council.
C. Exempt From Site Plan Review.
1. Site plan review is not required for permitted (P) uses and uses subject to director's review (D) unless otherwise indicated in the uses matrix above.
2. Where the director determines that the requirements of site plan review surpass the city's need for project review of a particular development proposal, the director may exercise discretion and apply the provisions of Article VI of Chapter 17.32, Director's Review, in its place. (Ord. No. 989, § 1, 4-9-2013; Ord. No. 999, § 3, 8-26-2014; Ord. No. 1070, § 4(Exh. A), 1-14-2020; Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.08.060 Development regulations by building types.
A. Single-Family House on Rural Residential Lot. A single-family house on a rural residential lot is a residence for one household, with its primary entrance accessed through the front yard, on a lot ranging from 20,000 to 100,000 square feet or greater.
1. Development Standards.
Rural Residential Development Standards
ZONES
RR-2.5 RR-1 SRR
SITE SPECIFICATIONS
Minimum lot size (sq. ft.) 100,000 40,000 20,000
Minimum width (feet) 165 110 85
Minimum depth (feet) 250 130 120
BUILDING PLACEMENT (MIN. SETBACKS)
Front yard (feet) 40 30 30
Garage location All garages shall be located at or behind the wall plane where the front entrance is located. This regulation
does not apply to individual custom homes.
Rear yard (feet) 30 25 20
Interior side yard: minimum (feet) 20 15 10
Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
Interior side yard: total sum of two yards (feet) 40 30 25 Street side yard (feet) 40 30 20
BUILDING SIZE AND MASSING
Maximum lot coverage (percentage) 30% 40% 40%
Maximum building height (feet) 40 40 35
PARKING
Number of parking spaces Per Section 17.08.100
Diagram for Single-family House on Rural Residential Lot — Perspective View Diagram for Single-Family House on Rural Residential Lot — Site Plan View B. Single-Family House or Duplex on Residential Lot.
1. Development Standards.
Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
Development Standards
ZONES/LOT TYPE
R-15,000 R-10,000 R-7,000 SFR
Corner
Duplex
SITE SPECIFICATIONS
Minimum lot size (sq. ft.) 15,000 10,000 7,000 10,000
Minimum width (ft.) 85 70 60 100
Min. width - corner lot (ft.) 100 85 75
Minimum depth (ft.) 120 100 100 100
BUILDING PLACEMENT (MIN. SETBACKS)
Front yard setback (ft.) 20 16 14 16
Porch encroachment Porch may encroach up to 6' into front yard setback Rear yard (ft.) 20 20 15 N/A
Interior side yard: (ft.) 5 5 5 10
Interior side yard: sum of two yards (ft.) 20 15 15 N/A Street side yard (ft.)1 15 15 10 N/A
BUILDING SIZE AND MASSING
Maximum lot coverage (percentage) 40% 40% 50% 45%
Maximum building height (ft.) 35 35 35 35
PARKING
Number of parking spaces Per Section 17.08.100
Notes:
1 Corner lots featuring side yard driveway access require a minimum 20-foot driveway and street side yard setback.
C. Small Apartment/Condominium Building/Complex (3 to 15 units) and Small Lot Single-Family House or Duplex.
1. Development Standards.
Development Standards*
MDR or HDR ZONE
DENSITY
Minimum density (an applicant may choose to include ADUs and JADUs when calculating minimum density)
MDR: 6.6 du/a
HDR: 15.1 du/ac
Maximum density (ADUs and JADUs shall not be included in the calculation of maximum density. The maximum density may be exceeded on a specific site provided the overall density of the zone does not exceed the maximum.) MDR: 15 du/a
HDR: 30 du/a
SITE SPECIFICATIONS
Minimum lot size (sq. ft.) 6,000
Minimum width (feet) 60
Minimum width - corner lot (feet) 80
Minimum depth (feet) 100
BUILDING PLACEMENT (MINIMUM SETBACKS)
Front yard setback
Fronting local, collector, or other residential street with on-street parking (feet) 0 Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
Fronting local, collector, or other residential street with on-street parking and adjacent to single-family uses along the same street (feet) 8 Fronting arterial street with no on-street parking (feet) 20 Rear yard (feet) 15
Interior side yard (feet) 10
Street side yard (feet) 15
BUILDING SIZE AND MASSING
Maximum lot coverage (percentage) 50%
Maximum building height within 100 feet of SFR zone (feet) 35 Maximum building height (feet) 55
PARKING
Location of on-site parking Behind the front facade
of the residential
building
Number of parking spaces Per Section 17.08.100
OPEN SPACE
Required usable open space/recreation area Minimum 8% of lot area, minimum 20' width and
depth
LANDSCAPING
Required landscaping (percentage) Minimum 15% of lot area
SOLAR PROVISION
Minimum photo-voltaic kW per unit per Section 17.08.305 0.5 kW * NOTE: These standards may be modified on qualified site developed in accordance with the provisions of California Government Code Title 7, Division 2, Chapter 8 (The Starter Home Revitalization Act of 2021) a. On-site management shall be provide for apartments 4 units or greater. b. Required amenities for units in a small apartment include in-unit laundry hook-ups. c. Other site amenities may include a barbeque area, pool, recreation courts, and shall be centrally located and easily accessible for residents.
d. Trash enclosures shall meet the following requirements:
1. Trash enclosures shall be located or screened so that they are not visible from primary entrances drive or streets;
2. Trash enclosure shall be a minimum of 165 square feet;
3. Source separation of recyclable materials shall be accommodated in accordance with state requirements;
4. Trash enclosures shall be constructed with a non-combustible, overhanging, trellis or roof cover; and
5. Trash enclosures shall be separated from adjacent parking by at least a 6-foot wide planter.
D. Large Apartment/Condominium Building/Complex (16 or more units).
1. Development Standards.
Development Standards
MDR or HDR ZONE
Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
SITE SPECIFICATIONS
Minimum lot size (sq. ft.) 6,000
Minimum width (feet) 60
Min. width - corner lot (feet) 80
Minimum depth (feet) 100
BUILDING PLACEMENT (MINIMUM SETBACKS)
Front yard
Fronting local, collector, or other residential street with on-street parking (feet) 0 Fronting local, collector, or other residential street with on-street parking and adjacent to single-family uses along the same street (feet) 8 Fronting arterial street (feet) 20
Rear yard (feet) 15
Interior side yard (feet) 15
Street side yard (feet) 20
BUILDING SIZE AND MASSING
Maximum lot coverage (percentage) 50%
Maximum building height within 100 feet of SFR zone (feet) 35 Maximum building height (feet) 72
PARKING
Location of on-site parking 40 ft. from front property
line
Number of parking spaces Per Section 17.08.100
OPEN SPACE
Required usable open space/recreation area Minimum 8% of lot area, minimum 50' width and
depth
LANDSCAPING
Required landscaping (percentage) Minimum 15% of lot area
SOLAR PROVISION
Minimum photo-voltaic kW per unit per Section 17.08.305. 0.5 kW a. On-site management and security shall be provided for all large apartment complexes. at a minimum, specific security provisions shall include cameras and alarms or active security guard surveillance.
b. Required amenities for units in a large apartment include in-unit laundry hook-ups, and community pool and recreation room.
c. Other amenities for units in a large multi-family complex may include courts for basketball, tennis or other sports, indoor gym, outdoor dog park, or day care center. d. All amenities shall be centrally located and easily accessible for residents. e. Trash enclosures shall meet the following requirements:
1. Trash enclosures shall be located or screened so that they are not visible from primary entrances drive or streets;
2. Trash enclosure shall be a minimum of 165 square feet; Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
3. Source separation of recyclable materials shall be accommodated in accordance with state requirements;
4. Trash enclosures shall be constructed with a non-combustible, overhanging, trellis or roof cover; and
5. Trash enclosures shall be separated from adjacent parking by at least a 6-foot wide minimum planter.
(Ord. No. 989, § 1, 4-9-2013; Ord. No. 1020, § 4, 2-14-2017; Ord. No. 1070, § 4(Exh. A), 1-14-2020; Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.08.070 Design and performance measures.
Developers shall take the following actions in meeting specific design and performance measures in residential zones. Residential development which meets the objective design standards in Chapter 17.41, Article IV shall be deemed to have met these measures.
A. Site Design. Develop projects that enhance the sense of place and reflect a commitment to functional efficiency, quality, and neighborhood context.
1. Develop innovative designs for new subdivisions that feature pedestrian connections, open spaces, enhanced landscaping, architecture, and streetscapes.
2. Develop innovative designs for residential lot layouts, including wide corner lots, varied setbacks, and minimized visual presence of garages.
3. Design neighborhoods to have distinct entryway features that help define neighborhood character and provide a sense of arrival.
4. Design neighborhoods using "safe by design" techniques to reduce opportunities for criminal activity.
B. Pedestrian Connections and Amenities. Develop residential neighborhoods with safe and attractive pedestrian and bicycle connections to trails, parks, schools, public transit, and other daily uses.
1. Design neighborhoods with street patterns that minimize the walking distance between residential homes and neighborhoods amenities, such as trails, parks and schools.
2. Design open-ended cul de sacs with paseos for pedestrian and bicycle access.
3. Design pedestrian and bicycle paths separated from vehicular paths, to ensure safety and ease of use.
4. Where appropriate, use traffic calming measures to reduce automobile speed within residential developments, including corner bulbouts, tree plantings, enhanced paving at crosswalks, and round-abouts.
C. Building Architecture and Form. Provide enhanced elevations for residential structures that contribute to an attractive neighborhood streetscape.
1. Articulate building façades by including variation in massing, roof form, and wall planes.
2. Use multiple colors, materials, textures, and applied finishes to help break up wall massing.
3. Provide distinctive entries, porches, balconies, and window treatment, oriented toward the street.
4. Residential buildings shall use high-quality, tile roofing (concrete, ceramic, etc.), providing aesthetic value and appropriate for withstanding the city's varied climate conditions; asphalt shingle or other roofing material shall be permitted when compatible with existing and surrounding areas and adjacent properties.
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(Supp. No. 10-24, Upd 1)
5. Garage door shall provide aesthetic value to the home. Roll-up garage door types are permitted, whereas wooden, swing-out garage doors are prohibited.
6. Builders of new single-family residential subdivisions shall ensure architectural variation by providing a minimum of the following combinations, dependent on the proposed number of residential units in the development:
Proposed number of
residential units
Minimum number of
elevations
Minimum number of floor
plans
Less than 20 units 3 3
20 to 50 units 3 4
50 to 100 units 4 5
100 units or greater 5 5
In no instance should two homes of the same model and floor plan be built adjacent to each other or across the street from each other.
D. Transitions and Buffering. Encourage transitions between proposed higher intensity developments and adjacent, less intensive uses to keep disturbance to a minimum.
1. Step down the heights of structures at the edge of developments to match or complement those in adjacent properties.
2. Enhance buffers with additional width or increased landscaping. Plant trees and shrubs in voids created by wall variations, at an appropriate scale.
3. Vary building setbacks and wall alignments to soften the edge of the development.
4. Provide a clear distinction between public and private spaces, through the use of height separation, fencing, berm, or a combination of these elements.
5. Offset windows from one another between residential units.
E. Open Space and Common Areas. Provide open space and common areas to enhance quality of life, and to encourage opportunities for social gathering and interaction.
1. For single-family residential developments, create centralized pocket parks, connected by trails and pedestrian paths, to serve the neighborhood.
2. For multi-family residential developments, provide centralized open space and community facilities, to serve residents of the development.
3. Create recognizable focal points by using community amenities in public open spaces and other commonly used community spaces.
F. Parking and Access. Minimize the dominant appearances of parking areas and structures, while ensuring functional vehicular access.
1. For multi-family residential developments, locate parking behind residential structures. For developments facing arterial streets, a builder may design a wide, enhanced landscape buffer between the street and parking areas, in circumstances where it is difficult to achieve rear parking placement.
Wherever possible, design parking lots by dividing a large parking lot into a series of smaller, connected lots.
2. Decorate and define parking areas with plants, shrubs, trees, light fixtures, and textured paving to minimize the negative impact of large expanses of asphalt.
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(Supp. No. 10-24, Upd 1)
3. Provide defined pedestrian pathways between parking areas and residential building entrances.
4. Permanent parking for recreation vehicles (RVs), boats and other similar large items shall be located behind the front plane of the house.
5. In no instance shall flat, paved surfaces, including driveways, cover more than 50% of a single-family front yard.
(Ord. No. 989, § 1, 4-9-2013; Ord. No. 1070, § 4(Exh. A), 1-14-2020; Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.08.080 Infill residential development.
A. Purpose and Intent. The purpose of this section is to implement the city general plan 2030, policy 18.2.1, which encourages appropriate infill development, and specific action 18.2.1(c). Under the guidance of the specific action, a developer may build up to eight residential units per net acre on land zoned R-7,000, provided the developer makes the findings that the proposed infill development would integrate with the surrounding area.
B. Qualification Criteria for Infill Residential Development. Properties zoned R-7,000 and meeting one of the following criteria qualify for infill residential development of up to eight units per acre:
1. The project site is located within the area bounded by Avenue I, 20th Street East, Avenue L and 30th Street West; or
2. The project site is surrounded by existing development (fully improved with paving, landscaping, curb and gutter, etc.) on all adjoining sides; or
3. The project site is located adjacent to property zoned commercial, office professional, mixed use or light industrial development; or
4. The project site combines four or more adjoining parcels, combining for a minimum project size of five acres.
C. Findings for Infill Residential Development. The following findings shall be made when recommending approval for an infill residential development:
1. The project reduces overall land use fragmentation in the city.
2. The project uses existing infrastructure and minimizes extension of new services and resources.
3. The project is compatible with adjacent land uses and would not adversely affect the health, peace, comfort or welfare of persons residing or working at the adjacent properties.
D. Infill Residential Development Standards. In addition to all other applicable development standards listed in this chapter, infill residential single-family lots shall adhere to the following additional standards specific for small-lot single-family homes:
1. Site Design.
a. Maximize usability of property by minimizing "dead spaces," which can often be found in narrow side yards with limited access.
b. Create privacy by designing windows that minimizes view into an adjacent residential home. Also, design windows of a façade along a zero-lot line facing a neighboring side yard to be small, with a high sill height, typically six feet above the finished floor, or provide windows with translucent glazing.
c. For alley-access small-lot single-family parcels, the developer shall provide a four-foot-wide pedestrian pathway to connect the building entrance to the street sidewalk.
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(Supp. No. 10-24, Upd 1)
2. Building Design.
a. A proposed small-lot subdivision must have homes that are distinguished from one another, following the minimum number of model and floor plan combinations as listed in subsection
17.08.070.C.6.
b. Blank, flat wall planes are prohibited. Varied and articulated façades that create visually appealing elevations are required.
c. Provide at least two different rooflines to provide visual interest to the residential structure. d. Roof-mounted equipment is not allowed, with the exception of solar and wind generation systems. Photo-voltaic panels facing the street shall be designed integrated with the house rooftop.
3. Transitions and Buffering.
a. In infill situations, new buildings shall be located in a manner that complements the location of existing buildings on adjacent lots; and not in a manner that would diminish their appearance or that would create a streetscape with dramatically uneven building setbacks. b. All residential buildings, including detached garages, shall maintain a minimum five-foot separation distance from any other structure to ensure adequate clearance area around the structures.
c. Adjacent homes shall not vary more than one-story in height.
4. Patios, Private Yards, Open Space and Common Areas.
a. Each small-lot single-family home shall have a porch area with minimum dimensions as listed in subsection 17.08.060.B.
b. Each small-lot single-family parcel shall provide a minimum of four hundred (400) square feet of usable private yard space with no dimensions less than twelve (12) feet. c. The City may grant a reduction of usable private yard space to two hundred (200) square feet, with no dimensions less than twelve (12) feet, if the developer provides common open space or park elsewhere in the neighborhood that is no further than ¼ mile from the residence, or if there is an existing park within the same distance.
5. Parking and Access.
a. For alley-access small-lot single-family parcels, a garage entrance facing an alley shall ensure a minimum of twenty-six (26) feet from the opposite edge of the alley, for adequate vehicle backup space.
(Ord. No. 989, § 1, 4-9-2013; Ord. No. 1070, § 4(Exh. A), 1-14-2020)
17.08.090 Density bonus.
Density increases and other incentives to encourage the creation of housing affordable to moderate-, low-, and very low-income households, seniors, and other qualifying households in accordance with Section 65915 et seq. of the California Government Code are subject to Chapter 17.41, Article II. (Ord. No. 989, § 1, 4-9-2013; Ord. No. 1106, § 4(Exh. A), 10-10-2023) Article III. General Site Planning and Project Design Standards Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
17.08.100 Parking and Loading.
The automobile parking facilities required by this section shall be provided and permanently maintained unless and until a substitute has been provided which is in full compliance with the provisions of this title.
A. General conditions. All buildings shall have permanently maintained off-street parking and shall apply as follows:
1. No structure or use shall be permitted or constructed unless off-street parking spaces are provided and maintained in accordance with the provisions of this section;
2. When a building is enlarged the required amount of parking spaces shall be provided for that enlargement portion, in accordance with the provisions of this section;
3. When there is an increase in the number of bedrooms (to more than one); or
4. When there is an increase in the number of dwelling units.
B. Fractions. Fractional space requirements for a parking space shall be rounded up to the next whole space.
C. Minimum Number of Required Parking Spaces. Except as necessary to comply with requirements to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities, the following minimum parking standards apply.
1. For sites located within one-half mile of a major transit stop as defined in Section 21155 of the Public Resources Code, no parking is required, except:
a. Event centers shall provide parking for employees and other workers. b. Development projects where any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging (except where a portion of a housing development project is designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code) shall provide parking in accordance with the minimum parking requirements of subsection C.2 (see "Parking Requirements by Use" Table). c. Development projects for which, within 30 days of the receipt of a completed application, the city finds that based on a preponderance of the evidence in the record that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact on any of the following:
1) The city's ability to meet its share of the regional housing need in accordance with Section 65584 for low- and very low-income households. 2) The city's ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to paragraph (7) of subdivision (a) of Section 65583.
3) Existing residential or commercial parking within one-half mile of the housing development project.
d. Subsection (c) above shall not apply for the following projects:
1) Housing development projects that dedicate a minimum of 20% of the total number of housing units to very low, low-, or moderate-income households, students, the elderly, or persons with disabilities.
2) Housing development projects that contain fewer than 20 housing units.
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(Supp. No. 10-24, Upd 1)
3) Housing development projects subject to parking reductions based on the provisions of any other applicable state law.
2. For sites located more than one-half mile from a major transit stop as defined in Section 21155 of the Public Resources Code, the following number of parking spaces shall be the minimum provided for each new use:
Parking Requirements by Use
Use Number of Required Spaces
1. Single-family house 2 parking spaces within an enclosed garage a. Accessory dwelling unit/Junior ADU See Chapter 17.41, Article I
2. Duplex/triplex/four-plex 2 parking spaces within an enclosed garage for each unit
a. Two-unit project See Chapter 17.41, Article III
3. Apartments, 5 or more units
a. Studio/loft and one bedroom 1 and ½ covered spaces for each unit b. Two or more bedrooms 1 and ½ covered and ½ uncovered for each unit c. Guest parking 1 uncovered space for every 4 units
4. Condominiums 2 parking spaces within an enclosed garage for each unit and 1 guest space for every 4 units
5. Condominiums, mid-rise (3+ stories)
a. Studio/loft and one bedroom 1 and ½ covered spaces for each unit b. Two or more bedrooms 1 and ½ covered and ½ uncovered for each unit c. Guest parking 1 uncovered space for every 4 units
6. Boarding or rooming house, hostel, fraternity or
sorority house
1 uncovered space for each guest room and 2 spaces
within an enclosed garage for resident manager
7.Special needs housing including senior
apartments/condominiums, housing facilities for
persons with disabilities, supportive housing,
transitional housing, and employee housing in
compliance with the Employee Housing Act
1 covered parking space for each unit and 1 guest
space for every 4 units
8. Senior residential care facility 1 space for every 3 beds and 1 space for each resident employee
9. Churches 1 space for each 5 fixed seats or for each 45 square feet of seating area within the main auditorium; 24
inches of bench shall be considered a fixed seat
10. Day care center (nursery/preschool) 5 spaces per 100 students
11. Elementary and middle school 15 spaces per 100 students
12. High school 26 spaces per 100 students
13. Colleges/universities 33 spaces per 100 students, plus one space per bed in dormitories
Notes:
1. An uncovered parking space shall not include the driveway area for a garage.
2. Parking lots or areas for 10 or more contiguous uncovered vehicle parking spaces shall comply with the requirements of subsection 17.08.090.D (Parking design and performance standards) for design and development of landscaping and surface parking area.
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(Supp. No. 10-24, Upd 1)
3. Parking for uses subject to conditional use permit shall meet the requirements specified in the permit or as otherwise provided in this title.
4. Requirements for uses not specifically listed herein shall be determined by the director based upon the requirements for comparable uses and upon the particular characteristics of the use.
5. The number of parking spaces required may be reduced, at the discretion of the director, if the builder can sufficiently demonstrate, through research and analysis that the development warrants fewer parking than is required. Such parking reductions may be granted if the development is located near public transit or if the builder pays in-lieu parking fees for future public parking, transportation, or pedestrian and bicycle trail improvements.
6. For multi-family uses, a private owner retains the right to assign parking spaces for tenants and visitors, provided there are enough parking spaces per city code.
D. Accessible Parking. Housing providers shall adhere to the accessible parking regulations of the American Disabilities Act "ADA," Part 20 of the United States Code of Federal Regulations, and the state building code.
In accordance to these regulations, housing providers shall establish the following number of accessible parking spaces for multiple-family developments:
Total Number of Parking Spaces
in Lot or Garage
Minimum Required Number
of Accessible Spaces
1—25 1
26—50 2
51—75 3
76—100 4
101—150 5
151—200 6
201—300 7
301—400 8
401—500 9
501—1,000 2% of total
1,001 and over 20 plus one for each 100, or fraction over 1,001 E. Parking Design Standards. The following design and development standards shall be met for development in all residential zones.
1. Location of Parking Facilities.
a. Required off-street parking shall be located on the same parcel as the uses served, unless it can be sufficiently demonstrated that parking from another parcel can adequately serve the project, with a recorded parking agreement between the parcels.
b. Parking facilities other than driveways shall not be located in a required front or street side setback.
2. Access to Parking Facilities and Parking Spaces.
a. Access to Parking Lots. Parking facilities shall be designed to prevent vehicle access at any point other than at designated driveway entrances.
b. Access to Individual Unit Garages. Garages shall be accessed via a minimum 20-foot-length driveway. Garage driveway width shall be minimum 20-foot wide, except for access into tandem Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
garages, or rear-located garages (not alley access), in which the driveway width shall be minimum 12-foot, and shall widen or taper as necessary to allow for adequate vehicle access. c. Internal Maneuvering and Queuing. Parking facilities shall provide suitable maneuvering room so that vehicles enter the street in a forward direction, except for lots with 4 or fewer residential units.
3. Parking Space and Facility Dimensions.
a. Individual Unit Garages. Parking spaces within garages shall have minimum dimensions of 10 feet in width and 20 feet in length, clear of any obstructions b. Carports. Parking spaces within carports shall have minimum dimensions of 9½ feet in width and 19 feet in length, clear of any obstructions. c. All Other Parking Spaces. Minimum parking space dimensions shall be as follows, except as shown in the following table and figure.
1) Standard parking spaces shall have a minimum dimension of 9 feet in width by 18 feet in length, except for spaces provided at either a 45 or 30 degree layout, in which the spaces shall have a minimum dimension of 8½ feet in width by 18 feet in length.
2) Up to 35% of the spaces in a parking lot may be compact spaces, with minimum dimensions of 8 feet in width by 16 feet in length. For multi-residential uses, this shall only apply to guest parking spaces.
3) Parallel parking spaces shall be 8 feet by 22 feet, except that spaces that are unencumbered at one end may be reduced to 8 feet by 20 feet. 4) The width of a parking space shall be increased by one foot if either side of the space is adjacent to a wall, fence, support column or other structure, except where the obstruction is limited to the front or rear one-third of the parking space.
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(Supp. No. 10-24, Upd 1)
Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
4. Curbing. Continuous concrete curbing at least 6 inches high and 6 inches wide shall be provided along the edges of parking spaces adjacent to fences, walls, sidewalks, other structures, and landscaping. a. Alternative barrier designs may be approved by the director. b. Parking spaces adjacent along their length to landscaped areas or other similar surfaces shall incorporate a paved extension of the curb measuring 12 inches (for a total of 18 inches) to provide a place to stand while exiting and entering vehicles. c. Although discouraged, wheel stops may be installed as determined by the director, in the uncommon circumstance where there is no curbing or landscaping that buffer parking spaces from a fence or other structures. The wheel stop shall be located in a manner that prevents a vehicle from colliding into a fence, or other structures. d. Curb design and installation shall comply with national pollution discharge elimination system (NPDES) standards where applicable.
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(Supp. No. 10-24, Upd 1)
5. Directional Arrows and Signs (except single-family detached):
a. Parking spaces, aisles, approach lanes, and maneuvering areas shall be clearly marked with directional arrows and lines to ensure the safe and efficient flow of vehicles. b. The director may require the installation of traffic signs in addition to directional arrows to ensure the safe and efficient flow of vehicles in a parking facility.
6. Access to Public Right-of-Way. Each vehicular passage of any parking or loading facility to or across a public right-of-way shall comply with the following requirements:
a. No such curb cut may exceed 24 feet in width for single-family residential uses, or 35 feet for multi-family residential uses, unless as approved by a director's review. Curb cut is defined as the flat bottom dimension for the driveway, excluding wings. b. Wherever feasible, curb cuts serving adjacent uses shall be combined to minimize the number of entrances onto arterial and collector streets.
c. Only one curb cut may be installed for any parking or loading facility, provided that additional curb cuts may be allowed if the city engineer determines that each such additional curb cut is necessary for the efficient operation of the facility and will not significantly affect capacity and traffic safety.
d. Curb cuts for any circular driveway or multiple driveways on the same lot must meet the following requirements:
1) The curb cuts of circular or multiple driveways must be at least 20 feet apart. 2) The combined width of the curb cuts shall not exceed 40% of the lot frontage. e. Any curb cut on a corner shall be located at the farthest point on the lot from the curb return.
7. Striping and Identification (except single-family residential). Parking spaces shall be clearly outlined with 4-inch wide lines painted on the surface of the parking facility. Circulation aisles, approach lanes, and turning areas shall be clearly marked with directional arrows and lines to ensure safe traffic movement. Double-striping outlining of parking spaces is also permitted, using the mid-point of the double-striped area as the measurement of the parking space width.
8. Grade of Parking Facilities. Parking facilities should not exceed a grade of 5%.
9. Parking Lots as a Transitional Use. Parking lots may be permitted in the residential zones as a transitional use, provided:
a. In the RR and R zones:
1) The area used for parking adjoins or is separated only by an alley from property in a multiple-family, commercial, or industrial zone; and
2) Parking shall be limited to an area within 100 feet from the boundary of the qualifying multiple-family, mixed use, commercial or industrial zone. b. In the MDR and HDR zones:
1) The area used for parking adjoins or is separated only by an alley from property in a commercial or industrial zone; and
2) Parking shall be limited to an area within 100 feet from the boundary of the qualifying multiple-family, mixed use, commercial or industrial zone.
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(Supp. No. 10-24, Upd 1)
3) An area developed with parking shall have direct vehicular access to an improved public street, highway, alley, or to the qualifying multiple-family, mixed use, commercial or industrial zone.
(Ord. No. 989, § 1, 4-9-2013; Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.08.105 Two-unit projects.
A. Two-unit projects proposed in accordance with Government Code Section 65852.21 are subject to Chapter
17.41, Article III.
(Ord. No. 1087, § 3(Exh. A), 12-14-2021; Ord. No. 1106, § 4(Exh. A), 10-10-2023) Editor's note(s)—Ord. No. 1087, § 3(Exh. A), adopted Dec. 14, 2021, enacted provisions designated as § 17.08.100; however, inasmuch as that section already exists, said provisions have been redesignated as § 17.08.105 at the discretion of the editor.
17.08.110 Landscaping.
A. Landscaping in General.
1. Landscape designs shall be consistent throughout a project site. A combination of landscape materials should be arranged in a harmonious manner as an integral part of project design to enhance building design, public view, and interior spaces and provide buffers and transitions as needed. Unrelated and random choice or placement of plant materials shall be avoided; however, variety may be employed to intensify distinction between spaces or to strengthen a sense of place or movement, or to promote energy and water conservation and mitigate erosion.
2. The type, scale and proportion of landscape materials shall be appropriate to the site and/or structures to which they relate.
3. Plant material shall be selected for interest in its structure, texture, color, ultimate growth and water efficiency. Plants that are native or climate adaptive to the high desert area of Lancaster and/or others that will be hardy, harmonious with project design and of good appearance shall be used.
4. Utilize trees and landscaping wherever possible to shade buildings as a means of enhancing energy conservation.
B. Objective Landscaping Standards.
1. Drought-resistant varieties of plants shall be used in accordance with Title 8, Chapter 8.50, Landscaping Installation and Maintenance; Title 8, Chapter 8.30, Residential Landscaping Installation and Maintenance; and Title 15, Chapter 15.48, Specifications for Landscape Development of the Lancaster Municipal Code.
2. Landscaped areas shall be irrigated by an automatic system with separate stations for each hydrozone.
The irrigation system shall be designed and equipped to incorporate water conservation techniques, such as drip systems, moisture sensors and anti-drain valves. Sprinkler systems shall be designed to prevent water from falling onto impervious surfaces. The system shall comply with Title 8, Chapter
8.50, landscaping installation and maintenance; Title 8, Chapter 8.30, residential landscaping installation and maintenance of this code.
3. All areas which are not utilized for buildings, sidewalks, vehicle access, or parking, shall be permanently landscaped and maintained.
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4. All landscaped planters for interior parking areas shall be completely bordered by a 6-inch concrete curb to prevent runoff.
5. Required Landscaping. The following basic standards shall be observed:
a. All interior areas of parking lots shall be landscaped with a minimum of one shade tree plus one shade tree for each 4 parking spaces along with other required plant materials. b. The minimum required landscaping for parking lots shall be the percentage shown below of the total area used for vehicle ingress, egress, circulation and parking. Only landscaped areas exclusive of curbs shall qualify toward meeting this requirement and no landscaped area with a dimension of less than 2 feet shall be credited toward meeting the landscape requirement.
Size Minimum Percentage of Landscaping
Required
1—4,999 square feet 5%
5,000—19,999 square feet 6%
20,000 or more square feet 7%
c. Where off-street parking areas abut local or collector public streets, such areas shall be separated from an abutting street by a continuous landscaped planter which extends parallel to the street frontage of the parking area. The planter shall be a minimum of 10 feet in width exclusive of perimeter curbs. Up to one-half of the area of this required landscape planter may be counted toward fulfilling the requirements of the required landscaping for lots under 20,000 square feet.
6. All landscaped areas shall be continuously and properly maintained in good condition.
7. At least 25% of all trees installed shall be from a 24-inch box, and no tree shall be less than 15 gallon size. At least 50% of all shrubs shall be of 5-gallon size, and no shrub shall be less than one-gallon size.
Ground covers shall be planted at no further apart than 6 inches on center.
8. Multiple family residential developments shall comply with the provisions of Chapter 8.30.
9. Single family residential developments shall comply with the provisions of Chapter 8.30. (Ord. No. 989, § 1, 4-9-2013; Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.08.120 Signs.
A person shall not use any sign except as specifically permitted in this section and subject to all regulations and conditions set forth in this title. The following signs are permitted in the residential zones except where specific references limit certain uses to the RR, R, MDR or HDR zone.
A. Signs in General.
1. Address. Street numbers of all buildings shall be prominently located and of sufficient size, lighted or illuminated during hours of darkness, to be easily read from the street by public safety personnel in accordance with city standards.
2. Building Identification Signs. One illuminated wall-mounted sign not to exceed 6 square feet in sign area shall be permitted on a lot which contains 3 dwelling units or more, in the MDR and HDR zones only. No such signs may be illuminated by an exposed incandescent lamp and any continuous or sequential flashing operation is prohibited.
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3. Directory Diagram. A multiple-family residential development consisting of 6 or more dwelling units shall have posted at or near the primary entrance to the building or buildings a brief descriptive directory diagram which clearly indicates the numerical, alphabetical or identification pattern or layout showing the location of each dwelling unit, including floor levels and access patterns. Such diagram shall be of a size to be easily readable by a person with normal vision (text shall be a minimum 12 point font), shall be illuminated during the hours of darkness, and shall be protected from the elements by being placed in a permanent glass or transparent plastic covered device.
4. Project Identification Signs. One wall or monument sign may be permitted for a multiple-family development or project which contains 10 dwelling units or more. Such sign shall not exceed 20 square feet of total sign area or 8 feet in height measured vertically from the average ground level at the base of the sign. If, in the opinion of the director, the project requires more than one such sign and there are more than 25 dwelling units in the project, the director may then approve a second project identification sign of equal area for a particular project. No such signs may be illuminated by an exposed incandescent lamp and any continuous or sequential flashing operation is prohibited.
5. Prohibited Signs. The following signs shall be prohibited in the R zones and may not be included in any sign plan.
a. Any notice, placard, bill, card, poster, sticker, banner, sign, advertising or other device calculated to attention of the public which any person posts, prints, sticks, stamps, tacks or otherwise affixes upon any street, right-of-way, crosswalk, curb, lamppost, hydrant, tree, telephone or lighting system, or upon any fixture in the public right-of-way. b. Any strings of pennants, banners or streamers, clusters of flags, strings of twirlers or propellers, flares, balloons, and similar attention-getting devices, including noise-emitting devices, with the exception of the following, not intended for advertising use: holiday decorations in season used for an aggregate period of 60 days in any one calendar year, or national, state, or other governmental or institutional flags properly displayed. c. Any off-premises signs constituting a commercial advertisement that is not located on the site of the business or entity indicated or advertised by the sign including temporary, portable, mobile signs affixed to a wall, structure, or vehicle.
6. Signs for Uses Subject to Conditional Use Permit. The planning commission may approve signs it deems appropriate for the use. In cases where the commission does not specifically approve signs, the maximum dimensions that may be authorized in the residential zones are as follows:
a. A sign face area of 25 square feet, or a total sign area of 50 square feet; and b. A height of 8 feet.
B. Temporary Signs. Temporary signs, such as real estate "for sale" or "for lease" signs may be permitted in the residential zones subject to the following restrictions:
1. Area Permitted. Temporary signs that are posted for less than 90 days shall not exceed 16 square feet in sign area (one-sided) or 32 feet in total sign area (2-sided) as defined in Section 17.04.240. An applicant proposing a temporary sign for more than 90 days shall obtain a temporary sign permit, with the requirement that the sign shall not exceed 32 square feet in sign face area or 64 square feet in total sign area.
2. Height Permitted. Freestanding temporary signs shall not exceed 6 feet in height.
3. Lighting. Temporary signs shall not be lighted.
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(Supp. No. 10-24, Upd 1)
4. Placement. Temporary signs shall not be placed on public property, including all public right-of-ways, or in any manner than would endanger the public.
5. Prohibited Temporary Signs. All prohibited signs as listed in subsection A.5.
6. Duration. No temporary sign shall be posted for more than 90 days without obtaining a sign permit pursuant to this section. No sign permit for a temporary sign shall be valid for more than a year. Upon written request for an extension, the director may grant an extension for up to one additional year upon finding that the sign is otherwise in compliance with the requirements of this section et seq. and that the extension is necessary to accomplish the purposes for which the sign has been posted. No additional extensions may be granted. All temporary signs shall be removed within 14 calendar days after the event. The date of the posting shall permanently and legibly marked on the lower right-hand corner of the sign face.
7. Permit Required. Any person who proposes to post or erect a temporary sign for more than 90 days shall file an application for a sign permit with the planning department. The applicant shall also file a statement of responsibility as required in subsection I.
8. Standards for Approval.
a. Within 7 working days, the director or his designated representative shall act upon the application for a temporary sign permit.
b. The action on the application shall be based on character, location and design, including design elements such as material, letter style, colors, sign type or shape, and the provisions of Section
17.08.110 et seq.
c. If the action is to disapprove, the notice of disapproval shall specify the reasons for disapproval.
9. Statement of Responsibility. Each person desiring to post or erect a temporary sign, regardless of duration, shall submit to the planning department, a statement of responsibility in a form approved by the director with a description sufficient to identify the temporary sign, the location of the sign to be posted, and certifying a named individual who is responsible for removing each temporary sign. In the event the responsible individual fails to remove the temporary sign as required by this section, the temporary sign shall be deemed abandoned and may be removed by the city, the cost of which removal shall be payable by the responsible individual.
10. Removal of Unauthorized, Non-Maintained or Dangerous Signs. a. Temporary signs posted for which a statement of responsibility has not been submitted, and a required permit has not been obtained, are subject to immediate removal by the city without compensation. The city may also pursue legal action under Section 17.04.220. b. Temporary signs which are deemed by the city to constitute a threat to the public health and safety are subject to immediate removal by the city without compensation or prior notice. (Some examples might include signs which are not secured against the wind or were placed in a manner which would interfere with the vision of drivers or pedestrians.) The city's cost of removal shall be payable by the responsible individual.
c. Temporary signs for which a statement of responsibility has been submitted, and a required permit has been obtained, and which do not pose a threat to public health and safety are otherwise posted in violation of Section 17.08.110 et seq. shall be subject to removal in accordance with the following procedures:
1) The city shall provide written notice to the responsible individual for each temporary sign established pursuant to subsection I.
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2) The sign in violation of Section 17.08.110 et seq. shall specify the nature of the violation and shall direct the responsible individual to remove or alter such temporary sign. 3) If the responsible individual fails to comply with the notice within 3 working days after such notice is mailed, the sign shall be deemed abandoned, and may be removed by the city. 4) The responsible individual shall pay the city for the cost of the sign removal.
C. Subdivision Sales Signs. Temporary subdivision sales signs, entry signs and special feature signs shall be accompanied by site plan or other pertinent information and approved by the director in order to be permitted in all zones.
1. Subdivision Sales Signs.
a. One freestanding subdivision shall be allowed per street frontage. b. Sign Area. The sign face shall not exceed 180 square feet per sign face or 360 square feet in total sign area.
c. Height Permitted. Twelve feet measured vertically from ground level at the base of the sign. d. Location. Each sign shall be located on the subdivision and be oriented to read from the street or highway where the sign is permitted. The distance between subdivision signs shall be a minimum of 500 feet.
e. Lighting. Subdivision signs may be internally or externally lighted. Continuous or sequential flashing is not allowed.
f. Time Limit. Subdivision sales signs shall be maintained only until all the property is disposed of, or for a period of 3 years from the date of issuance of the first building permit. The approved sales sign shall be removed at the end of the 3-year period. The director may extend the permitted time beyond 3 years, if needed by the owner of the property. The owner must make the request in writing.
g. Copy. All copy shall relate exclusively to the subdivision being offered for sale.
2. Subdivision Entry and Special Feature Signs.
a. Such signs are permitted and shall be located within a subdivision to facilitate entry and movement.
b. Sign Area.
1) Subdivision Entry Signs. The sign face shall not exceed 12 square feet per sign face or 24 feet in total sign area.
2) Special Feature Signs. The sign face shall not exceed 6 square feet per sign face or 12 feet in total sign area.
c. Height Permitted.
1) Subdivision Entry Signs. Shall not exceed a maximum height of 8 feet measured from the base of the sign.
2) Special Feature Signs. Shall not exceed 6 square feet in sign area or 12 square feet in total sign area.
d. Lighting. Signs shall be unlighted.
e. Time Limit. Shall have the same time limit as subdivision sales signs approved for the same tract and shall be removed at the end of such period.
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(Supp. No. 10-24, Upd 1)
3. Subdivision Kiosk Signs.
a. Contents of Application. An application for a subdivision kiosk sign shall be filed as a director's review, and shall contain the following information:
1) A scale drawing of the proposed sign;
2) Proposed location of the sign, including distance from adjacent streets and public sidewalks;
3) The proposed colors of the sign.
b. Development Standards. All subdivision kiosk signs shall be of a consistent design and shall comply with the following standards:
1) Height. The overall height of the sign shall not exceed 10 feet, measured form the ground level at the base of the sign.
2) Width. The overall width of the sign shall not exceed 6 feet. 3) Individual Sign Panels. Individual sign panels shall not exceed one foot in width and 6 feet in length. Copy on sign panels shall be limited to the name of the subdivision and/or builder, and a directional arrow.
4) Location. Signs may be located on either public or private property, provided that the appropriate agency or property owner has given their written consent. Signs shall not obscure required line of sight visibility for motorists or pedestrians. 5) There shall be no additions, tag signs, streamers, flags, banner devices, display boards, or appurtenances added to the signs as originally approved. Further, no other directional signs shall be used, including but not limited to posters or portable outdoor advertising signs.
6) Subdivision directional signs may advertise tracts either within the city limits or within that portion of the county which is within the city's sphere of influence. c. Approval Process.
1) Approval Authority. Application shall be reviewed and approved by the planning department.
2) Building Permit. The applicant shall obtain all necessary construction permits from the public works department.
3) Separate Agreement. The city may, at its discretion, enter into an agreement with a private entity for the purpose of erecting and maintaining subdivision kiosk signs. Such agreement shall be consistent with the provisions of this section, but may also establish other requirements not specifically addressed by this section. (Ord. No. 989, § 1, 4-9-2013; Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.08.130 Fences, Walls, and Screening.
A. Purpose. This section provides regulations for the installation, construction and placement of fences on private residential property. For the purpose of this zoning code, the term "fence" includes fences, hedges, walls or other structures with the functions and characteristics of a fence.
B. Placement of Fences and Walls.
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1. Fences and walls shall be located behind the property line and behind any utilities or shall be located at least 12 feet behind the face of the curb, or as indicated on any recorded property documentation depicting the location of said utilities.
C. Measurement of Fence and Wall Height.
1. Fence height shall be measured as the vertical distance between the finished grade from the base of the fence to the top edge of the fence material.
2. Where the ground elevation within 6 feet of the base of a fence differs from one side of the fence to the other (as when a fence is placed at the top of a slope or on a retaining wall), the height shall be measured from the side with the highest natural grade. (See Section 17.28.030).
D. Fence Height Limits.
Location Maximum
Height
Within front yard setback or corner lot side yard setback located at or behind the property line
4 feet
Within side or rear yard setback or along/behind corner lot side yard setback located at or behind the property line
6 feet
E. Consideration for Additional Height. A fence or wall may be constructed to a height in excess of the limits established by subsection 17.08.130.D. with a director's review. The director's review may increase the maximum height regulations not to exceed 25% of the amount specified in Section 17.08.130.D. The director's review shall require that the applicant make the following findings, in addition to the findings required for a director's review listed in Chapter 17.32:
1. The issuance of the permit is reasonably necessary, by reason of unusual or special circumstances or conditions relating to the property, for the preservation of valuable property rights or the full use and enjoyment of the property.
2. The fence will not create a safety hazard to pedestrians or vehicular traffic.
3. The appearance of the fence is compatible with the design and appearance of other existing buildings and structures within the neighborhood.
4. The orientation and location of the fence is in proper relation to the physical characteristics of the site and the surrounding neighborhood.
5. The fence will be of sound construction.
F. Fencing for New Production Homes. Fencing for new production homes shall be a masonry wall, adjacent to the rear and side yards, up to 6 feet in height. For the purposes of this standard, "new production homes" means homes that are being, or are proposed to be, constructed as part of a residential subdivision that includes 3 or more lots. The director may approve alternative fencing materials that provide comparable aesthetics and durability.
G. Fencing for Multifamily Development. Fencing for multifamily developments shall be a masonry wall, tubular steel fence, or comparable material, up to 6 feet in height. For the purposes of this standard, “multifamily development” means properties which contain multiple buildings each comprised of three or more primary units, in the MDR and HDR zones.
GH. Subdivision Perimeter Walls. A masonry wall within a minimum height of five (5) feet and a maximum height of six (6) feet shall be constructed along the perimeter of a subdivision except where the perimeter coincides Created: 2024-08-22 08:37:03 [EST]
(Supp. No. 10-24, Upd 1)
with the front lot line of a lot or accessway. Acceptable materials include brick, stone, or decorative concrete masonry unit (CMU) or pre-cast concrete composed of integrally colored concrete that replicates the appearance of brick, stone, stucco and CMU fences. Painted concrete block is not an acceptable material.
Design alternatives shall be approved by the Director.A wall shall be constructed along the perimeter of a subdivision in accordance with the standards of Title 16, Chapter 16.20, Article IV (Residential Subdivision Perimeter Treatment).
H I. Prohibited Fence Materials. The use of chain link, barbed wire, razor wire, electrical fence, glass and other similar objects of a hazardous characteristic shall not be permitted for residential uses.
I J. Temporary Fencing. A temporary fence may be installed for vacant properties with an approval of a Director’s Review subject to time limits, materials, and other conditions of approval. Temporary fencing materials may include chain link.
(Ord. No. 989, § 1, 4-9-2013; Ord. No. 1070, § 4(Exh. A), 1-14-2020; Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.08.140 Outdoor Lighting.
The intent of this requirement is to properly illuminate the site without producing an adverse impact on neighboring property. Exterior lighting of the building and site shall be provided, maintained and utilized during the hours of darkness in accordance with the following requirements:
A. Outdoor Lighting in General.
1. Lighting shall be part of the architectural concept. Fixtures, standards, and all exposed accessories shall be compatible with the building design.
2. Lighting shall be placed to provide adequate illumination for security and safety.
3. Lighting used to illuminate the premises shall be directed away from adjacent properties.
4. Lighting shall be designed and located in a manner that prevents glare onto adjacent properties. (Ord. No. 989, § 1, 4-9-2013)
Article IV. Standards for Specific Land Uses
17.08.150 Purpose and Applicability.
A. Purpose. This article provides site planning, development, and/or operating standards for certain land uses that are allowed within the residential zones, and for activities that require special standards to mitigate their potential adverse impacts. The land uses and activities covered by this article shall comply with the provisions of the sections applicable to the specific use, in addition to all other applicable provisions of this zoning code.
B. Applicability.
1. Where Allowed. The uses that are subject to the standards in this article shall be located in compliance with the requirements of this chapter.
2. Land Use Permit Requirements. The uses that are subject to the standards in this article shall be authorized by any required and applicable land use permit.
3. Development Standards. The standards for specific uses in this article are required in addition to those listed elsewhere in the residential chapter of the zoning ordinance. In the event of any conflict Created: 2024-08-22 08:37:04 [EST]
(Supp. No. 10-24, Upd 1)
between the requirements of this article and those listed elsewhere in the residential chapter of the zoning ordinance, the specific requirements under this article shall take precedence. (Ord. No. 989, § 1, 4-9-2013)
17.08.160 Residential Accessory Uses and Structures.
The development criteria set forth in this section are intended to provide minimum standards for accessory buildings or structures. Accessory buildings and structures may only be constructed on a lot containing a main dwelling unit. Whenever there is a conflict between these standards and the city's building code, the most restrictive requirement shall apply.
A. Standards for Residential Accessory Uses and Structures.
Structure Type Maximum Height Distance From
Interior/Rear
Property Lines
Distance From
Main Dwelling Unit
Other Notes
1. Attached
accessory
structures (patio,
etc.)
One story or 12 feet 5 feet N/A • Shall remain
permanently
unenclosed on at
least 2 sides,
excluding the
placement of
detachable screens
2. Detached
accessory
structures less than
120 sq. ft. or less
(small shed, etc.)
8 feet 0 feet 6 feet
3. Detached
accessory
structures greater
than 120 sq. ft.
(shed, gazebo, etc.)
One story or 12 feet 5 feet 6 feet
4. Detached
garages (without
2nd story living area)
20 16 feet 0 feet 6 feet • Detached garages
built to the
property line shall
not result in
drainage onto
neighboring
properties
5. Swimming pools
and spas
N/A 5 feet 6 feet
6. Accessory
structure and
equipment (air
conditioner units,
pool equipment,
etc.)
6 feet 5 feet 0 feet
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(Supp. No. 10-24, Upd 1)
Other notes:
• For accessory buildings that are used for living or sleeping space, see Chapter 17.41, Article I for accessory dwelling units and junior accessory dwelling units regulations. • No more than 50% of the required rear yard shall be covered by roofed structures. Infill residential lots (smaller than 7,000 square feet) may have up to 60% of the rear yard covered by roofed structures. • All accessory structures are subject to the street side and front yard setbacks established by the underlying zoning designation.
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B. Projections Permitted into Yards. The following projections are permitted in a required yard:
1. Eaves, cantilevered roofs, awnings and similar architectural features may project a maximum distance of 2½ feet into any required front or side yard or 5 feet into a rear yard, provided that such features shall maintain a minimum distance of 3 feet to any property line and are not less than 8 feet in height above grade. Such appendages shall be supported only at or behind the building setback line.
2. Fireplace structures (meeting all requirements of the current state building code), bay windows (not wider than 8 feet measured in the general direction of the wall of which it is a part), fire escapes, exterior stairs, and landings, buttresses and wing walls may project a maximum distance of 2½ feet into any required yard, provided that such features shall maintain a minimum distance of 3 feet to any property line. Such structures shall not be utilized to provide closets or other usable floor area.
3. Decks, platforms, covered and uncovered porches, and landing places including access stairs, which exceed an average height of 2½ feet and do not extend above the level of the first floor may project a maximum distance of 2 feet into required interior side yards, and a maximum distance of 5 feet into required front and side yards, provided such features shall maintain a minimum distance of 3 feet to any property line, and that an open-work railing installed shall not exceed 3½ feet in height.
4. Walls and window-mounted air conditioners, coolers, and fans may be used in any required interior or side yard provided that such equipment shall maintain a minimum distance of 3 feet to any property line.
(Ord. No. 989, § 1, 4-9-2013; Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.08.170 Cargo Container Storage.
All cargo container uses, except those use by a public agency or entity, or by a non-public or private school, shall comply with all pertinent city codes, ordinances and regulations in addition to the following conditions:
A. Cargo Containers as Accessory Buildings or Structures. Cargo containers may be used as accessory buildings or structures in the RR-2.5 and RR-1 zones, subject to the following:
1. Containers shall be located only to the rear of the main building, in which a permissible use is occurring;
2. Containers shall only be used for incidental uses that are permissible in the zone;
3. Containers shall not be used for commercial purposes or in conjunction with commercial activities;
4. Containers shall not be closer than 50 feet to any property line;
5. Containers shall not be stacked on top of each other or on any other structure;
6. Containers shall not encroach upon, block, obstruct, or reduce in any manner any required exits, windows or vent shafts of structures, or any parking spaces, driveways, private streets, or public rights of way;
7. Containers shall not be used for human habitation or occupied by individuals for any reason;
8. Containers shall not have any electrical, plumbing, heating or air conditioning installations or systems, and shall not be connected to a power source;
9. Containers shall not be unsightly, graffitied, or damaged; Created: 2024-08-22 08:37:04 [EST]
(Supp. No. 10-24, Upd 1)
10. Refuse, garbage, trash and debris, as well as hazardous substances, as defined by state or federal law, shall not be placed or stored in, against, on, or under a cargo container at any time;
11. Containers shall require a container permit. The number and location of cargo containers used as accessory buildings or structures in the RR-2.5 and RR-1 zones shall be subject to the review and prior written approval of the directors of planning and housing and neighborhood revitalization, or their duly authorized representatives. Upon such approval, compliance with all conditions of approval, and payment of a container permit fee in an amount established by city council, a container permit shall be issued.
B. Cargo Containers as Temporary Storage. Cargo containers may be used as temporary structures in the R and RR zones, including the following:
1. Storage of materials for public works and other infrastructure improvements. a. Storage of materials and construction equipment used in construction or maintenance of streets and highways, sewers, storm drain, underground conduits, flood control works, pipelines and similar uses, shall not exceed a period of one year.
2. Storage of building materials for temporary construction. a. This includes storage of building materials, machinery and equipment used in conjunction or development project undertaken pursuant to an active building permit. Storage shall be on the lot or parcel which is part of the project, or on property adjoining the construction or development site with the written consent of the property owner. Storage shall not occur until the building permit is obtained. Storage shall be removed within 30 calendar days after the permit is expired, revoked, or finalized. b. Cargo containers may be used for the temporary construction storage described in subsection A. A cargo container approved pursuant to this subsection shall not require a separate permit. The number and location of cargo containers used for temporary construction storage shall be subject to the review and prior written approval of the building official and directors of planning and housing and neighborhood revitalization or their duly authorized representatives. Application for approval of cargo containers for temporary construction storage shall be made on a city-approved form and shall indicate the number of the building permit obtained for the construction or development project for which the temporary construction storage is requested, the size of each cargo container, the proposed location of each container on the property, and the date on which each container shall be placed on the property.
c. The time period for which a cargo container may be used for temporary construction storage is limited to the time when the building permit is active. An active building permit means one that has not expired, been revoked, or been finalized. Cargo containers used for temporary construction storage shall be removed from the property within 30 calendar days of the expiration, revocation or finalization of a building permit. d. Cargo containers used for temporary construction storage shall not exceed 8 feet in width, 8 feet 6 inches in height, and 40 feet in length.
e. Cargo containers used for temporary construction storage shall conform to the following standards:
1) Cargo containers shall be set back a minimum of 5 feet from any property line and a minimum of 10 feet from any structure.
2) Cargo containers shall not be stacked on top of each other or on any other structure.
Created: 2024-08-22 08:37:04 [EST]
(Supp. No. 10-24, Upd 1)
3) Cargo containers shall not encroach upon, block, obstruct, or reduce in any manner any required exits, windows or vent shafts of structures, or any parking spaces, driveways, private streets, or public rights of way. 4) Cargo containers shall not be used for human habitation or occupied by individuals for any reason.
5) Cargo containers shall not have any electrical, plumbing, heating or air conditioning installations or systems, and shall not be connected to a power source.
6) Refuse, garbage, trash and debris, as well as hazardous substances, as defined by state or federal law, shall not be placed or stored in, against, on, or under a cargo container at any time.
3. Storage of household materials during remodeling or other construction work. a. This includes temporary storage of household materials, including but not limited to furniture, appliances, household electronics, clothing and other items of personal property, when a structure is undergoing rehabilitation, repair, remodeling, alteration or other construction work under an active building permit.
1) The number and location of cargo containers used for temporary household storage shall be subject to the review and prior written approval of the building official and directors of planning and housing and neighborhood revitalization or their duly authorized representatives. A cargo container approved under this subsection shall not require a separate permit. Application for approval of cargo containers for temporary household storage shall be made on a cityapproved form and shall indicate the number of the building permit obtained for the repair, remodeling, alteration or other work for which the temporary household storage is requested, the size of each cargo container, the proposed location of each container on the property, and the date on which each container shall be placed on the property.
2) The time period for which a cargo container may be used for temporary household storage is limited to the time when the building permit is active. An active building permit means one that has not expired, been revoked, or been finalized. Cargo containers used for temporary construction storage shall be removed from the property within 30 calendar days of the expiration, revocation or finalization of a building permit.
3) Cargo containers used for temporary household storage shall not exceed 8 feet in width, 8 feet in height, and 16 feet in length.
4) Cargo containers used for temporary household storage shall conform to the standards set forth in subsection B.2.e.
4. Emergency storage of household materials due to disaster circumstance. a. Cargo containers used for emergency household storage shall require a container permit.
The number and location of cargo containers used for emergency household storage shall be subject to the review and prior written approval of the directors of planning and housing and neighborhood revitalization, or their duly authorized representatives. Upon such approval, and payment of a container permit fee in an amount established by city council, a container permit shall be issued.
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(Supp. No. 10-24, Upd 1)
b. Cargo containers may be used for emergency household storage for a period not to exceed 15 calendar days. This use may be extended for an additional 10 calendar days upon the prior written approval of the directors of planning and housing and neighborhood revitalization.
c. Cargo containers used for emergency household storage shall not exceed 8 feet in width, 8 feet in height, and 16 feet in length.
d. Cargo containers used for emergency household storage shall conform to the standards set forth in subsection B.2.e.
5. Storage of household materials used for relocation.
a. Cargo containers used for relocation storage shall require a container permit. The number and location of cargo containers used for relocation storage shall be subject to the review and prior written approval of the Directors of planning and housing and neighborhood revitalization, or their duly authorized representatives. Upon such approval, and payment of a container permit fee in an amount established by city council, a container permit shall be issued.
b. Cargo containers may be used for relocation storage for a period not to exceed 15 calendar days. This use may be extended for an additional 10 calendar days upon the prior written approval of the directors of planning and housing and neighborhood revitalization. c. Cargo containers used for relocation storage shall not exceed 8 feet in width, 8 feet in height, and 16 feet in length.
d. Cargo containers used for relocation storage shall conform to the standards set forth in subsection B.2.e., except as provided in f. of this subsection. e. Cargo containers used for relocation storage may be placed on driveways.
C. Existing Cargo Containers.
1. Cargo containers that are present on private real property, for any use or purpose, on the effective date of this section shall be removed within 6 months from the effective date, unless the property owner obtains the requisite approvals and permits in conjunction with temporary uses allowed in subsection B and otherwise complies with all regulations pertaining to cargo containers.
2. This subsection does not apply to cargo containers that are present on real property located in RR-2.5 and RR-1 zones, provided they are brought into conformance with the requirements of subsection B.2.e.
D. Exceptions. Except as provided in subsection A, cargo containers shall not be used as accessory buildings or structures, and shall not be placed, maintained or used on private real property at any time except as permitted in conjunction with temporary uses allowed in subsection B. This provision does not apply to the following real property:
1. Real property owned, leased, rented, occupied or used by a public agency or entity;
2. Real property owned, leased, rented, occupied or used by a non-public or private school. For purpose of this subsection, "non-public school" means a private, non-sectarian school that enrolls individuals with exceptional needs pursuant to an individualized education program and is certified by the state department of education. For purposes of this subsection, "private school" means a full-time day school that provides instruction in the several branches of study required to be taught in the public schools of the state, by persons capable of teaching, and that files an annual private school affidavit as required by the state department of education. For purposes of Created: 2024-08-22 08:37:04 [EST]
(Supp. No. 10-24, Upd 1)
this subsection, "private school" does not include a school that provides instruction in building used for residential purposes. A non-public or private school is not exempt unless it is operating in conformity with all pertinent land use and technical code regulations.
3. Real property utilized for the placement of cargo containers that are used exclusively for the storage of emergency supplies to be used for the benefit of the public by a recognized governmental agency, such as the county fire department, in the event of a disaster or emergency situation. Placement of a cargo container for the storage of private supplies is not included in this exemption. Placement of cargo containers for this purpose shall be approved through a director's review.
(Ord. No. 989, § 1, 4-9-2013)
17.08.180 Animal Keeping.
A. Purpose. Regulations governing animals for the personal use of the family residing on the premises are established in order to provide for the keeping of domestic and wild animals where accessory to the residential use of the property as opposed to maintenance for commercial purposes. The following regulations presume a reasonable effort on the part of the animal owner to recognize the rights of surrounding neighbors by maintaining and controlling animals in a safe and healthy manner.
B. Keeping of Large Animals in Residential zones.
1. Applicability. The keeping of large animals, such as horses, cows, and similar animals are permitted in Rural Residential zones and the number of animals shall not exceed a total of 8 animals per lot, unless otherwise indicated.
2. Pigs are permitted as follows:
a. Pigs shall be permitted on Rural Residential zones with lots or parcels of land greater than one acre in area, at a ratio of one pig per acre.
b. They shall not be located not less than 150 feet from any highway and not less than 50 feet from the side or rear lot lines of any lot or parcel.
c. They shall not be fed any market refuse or anything other than table refuse from meals consumed on the same lot or parcel of land or grain.
3. Roosters shall be permitted on Rural Residential zones with lots or parcels of land greater than one acre in area, at a ratio of one rooster per acre.
C. Keeping of Small Animals.
1. The keeping of small animals, such as sheeps, goats, dogs, rabbits, reptiles, aquatic animals, birds and similar animals are permitted as indicated on the table below.
Zone Aquatic
Animals,
Birds,
Rabbits,
Reptiles, &
Rodents
Dogs Cats Other Small
Animal
(Including
Poultry)
Total
Number of
Animals per
Parcel
or Lot
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(Supp. No. 10-24, Upd 1)
R, MDR
and HDR
zones
3 3 3 0 5
SRR and RR
zones
3 3 3 3 8
2. Bee Keeping is permitted as follows:
a. They shall be located in a single-family residential property in a residential zone that is greater than one acre.
b. Only the common domestic honey bee, Apis Mellifera species, at any stage of its development, shall be permitted.
c. No more than 2 hives may be maintained on any single-family residential property. d. All bee colonies shall be kept in hives capable of being inspected and consisting of moveable frames and combs.
e. Hives must be kept in sound and usable condition at all times. f. Hives shall be located in the rear or side yard only. No hives shall be permitted in any front yard or in the street side yard of a corner property.
g. Hives shall be located at least 5 feet from the side and rear property lines. h. Hive entrances shall face away from or parallel to the nearest property line(s). i. Hives must either be screened so that the bees must fly over a 6-foot barrier, which may be vegetative, before leaving the property, or be placed at least 8 feet above the adjacent ground level.
D. Keeping of Wild Animals.
1. Antelopes, armadillos, badgers, beavers, camels, deer, foxes, giraffes, hippopotami, kangaroos, koalas, minks, ostriches, otters, peacocks, platypus, porcupines, prairie dogs, raccoons, seals, wallabies, and zebras and other similar animals are prohibited.
2. Animals prohibited by the State of California shall not be allowed to be kept within the City (California Code of Regulations, Title 14, Section 671).
E. Offspring. Young animals born to a permitted animal kept on the site may be kept until such animals are weaned.
F. Therapy and service animals. In accordance with fair housing law, a housing provider shall accommodate a person with a disability who requests a reasonable and necessary animal. Such animals may include, but are not limited to, guide dogs that assist persons with visual impairment, hearing dogs trained to alert those who are hard of hearing, service dogs trained to assist those with mobility impairment, or other animals intended to provide therapy, including emotional support.
G. Standards.
1. Enclosure. All animals shall be properly caged or housed (kept in their corrals, barns, pens, or other enclosures). All such structures shall be fenced or otherwise enclosed to adequately confine the animals. In addition, all such structures or other enclosures shall be classified as an accessory structure and are subject to the development standards of the underlying zone in which it is located.
Created: 2024-08-22 08:37:04 [EST]
(Supp. No. 10-24, Upd 1)
2. Maintenance. All buildings used in conjunction with the keeping of small animals including animal enclosures and all other animal keeping areas shall be maintained free from litter, garbage, and the accumulation of animal excrement. All excrement produced by said small animals shall be disposed of on a regular basis so as to control flies and odor.
3. In addition to Los Angeles County Health Department requirements, all buildings or structures, including, but not limited to barns, corrals, training arenas, etc., used in conjunction with the keeping of small animals shall be located a minimum of 50 feet from any street or highway or any building used for human habitation.
4. All noise shall be sound attenuated so that the noise level measured at the property line is within the ambient level for the zone in which the site is located.
F. Exceptions.
1. Members of Future Farmers of America (FFA), Head, Hand, Heart and Health (4-H), independent livestock growers, and other similar organizations may have additional animals per the discretion of the Director.
(Ord. No. 989, § 1, 4-9-2013; Ord. No. 1070, § 4(Exh. A), 1-14-2020)
17.08.185 Grazing.
A. Purpose. Section 17.08.050 permits light agricultural uses as an accessory use, which includes grazing, in the RR-2.5 and RR-1 zones. The following regulations clarify where and in which instances grazing is permitted.
B. Grazing of animals (e.g., sheep, goats, cattle, etc.) is allowable in the rural zones identified above, in accordance with the following limitations and conditions.
1. Free range grazing of animal herds is prohibited within the city limits.
2. All grazing shall occur on property owned by the herder or with express written permission of the property owner.
3. All grazing animals shall be controlled in a manner that prevents them from straying onto unauthorized property.
4. The owner of said grazing animals is responsible for ensuring that the animals are moved regularly to prevent the removal of all vegetation. In the event that the over-grazing of animals causes dust control issues, the owner of the animals and/or the property owner shall be responsible for implementing measures to control the dust in accordance with this Code and applicable Antelope Valley Air Quality Management District (AVAQMD) Rules and Regulations.
C. Alternative energy developments may utilize sheep to control vegetation growth within the fenced boundaries of their facilities, subject to the requirements set forth in subsection B. (Ord. No. 1022, § 1, 6-13-2017)
17.08.190 Day care facilities and centers.
A. Purpose and Intent. The availability and affordability of quality, licensed day care is beneficial to the wellbeing of parents, children and adults with special needs within this community. The purpose of regulating day care facilities and centers within the city shall be to:
1. Facilitate and encourage the establishment of licensed day care, including child care centers and adult day health/social care facilities;
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(Supp. No. 10-24, Upd 1)
2. Specify standards to avoid any adverse effects of such facilities upon surrounding properties; and
3. Avoid the over-concentration of day care facilities and centers in any neighborhood. [B. Reserved.]
C. Application Requirements. The following shall be included in each application for a conditional use permit for day care facilities and centers in the residential zones):
1. The application shall indicate the number of individuals to be cared for; the number of employees; hours of operation and outdoor playtime; and state license number. The application and site plan shall clearly show compliance with applicable standards.
2. A site plan (8½ inches by 11 inches) showing: location and dimensions of existing residence and other structures, including: fencing, outdoor play structures and equipment, distance to property line, parking areas, access and traffic circulation. Additional site plan and/or application information may be requested at the discretion of the planning department.
3. An accurate traffic circulation plan showing parking, circulation and drop-off areas.
D. Conditions of Approval. The operation of a day care facility or center, in compliance with a conditional use permit, may be conditioned or limited by the permit, except as may be prohibited by state law applicable to a chartered city, in any manner deemed necessary by the review authority to ensure the preservation of the health, safety and general welfare of the community and the neighborhood where the facility or center is proposed. The scope of permit review and approval shall be limited as required by state law to the following.
1. Space and Concentration. No proposed day care facility or center shall be located closer than 300 feet in all directions from any other day care facility or center, as measured from any point on the exterior walls of both structures. In no case shall a residential parcel be directly abutted by day care facility or center on 2 or more sides.
2. Noise. The operation of any day care facility or center shall comply with all provisions of the city noise ordinance. The review authority may conditions of approval to reduce noise impacts including: solid fencing or other sound attenuating devices, restrictions on outside play hours, location of play areas, and placement of outdoor play equipment.
3. Traffic Circulation. The traffic circulation plan for all day care facilities or centers shall be designed to diminish traffic safety problems. A residence on a primary or secondary arterial street shall provide a drop-off/pickup area designed to prevent vehicles from backing onto the arterial roadway. The care provider may be required to submit a plan of staggered drop-off and pickup time ranges to reduce congestion in neighborhoods already identified as having traffic congestion problems.
E. Required Findings for Approval. No conditional use permit for a day care facility or center shall be granted unless the review authority first makes all of the following findings, in addition to those required by Section
17.32.090 (findings and decision for conditional use permits):
1. The facility or center complies with all applicable requirements of this section; and
2. The facility or center complies with all applicable building and fire code provisions adopted by the state and administered by the county fire department, and the state department of social services licensing requirements.
F. Notification of Proposed Action. Not less than 10 working days prior to the date on which the decision will be made on the application, the city shall provide public notice in compliance to the applicant, and all owners of property within a 300-foot radius of the exterior boundaries of the proposed parcel. (Ord. No. 989, § 1, 4-9-2013; Ord. No. 1106, § 4(Exh. A), 10-10-2023) Created: 2024-08-22 08:37:04 [EST]
(Supp. No. 10-24, Upd 1)
17.08.200 Home Occupations.
A. Purpose and Intent. The purpose of this article is to provide the guidelines and restrictions for operating a home occupation (home-based business), from a residential dwelling in the city. It is intended that the home occupation functions as an office, and is secondary to the dwelling's main residential use. In addition, the home occupation shall not detract from nor become incompatible with the surrounding residential uses; and thus, will not interfere with the general welfare of the surrounding residential area.
B. Conditions for Home Occupations. No home occupation shall be approved unless it complies with this section and all pertinent city codes, ordinances and regulations:
1. Residency. The applicant who holds the home-based business license shall reside at the address location as stated on the home-based business license.
2. Boundaries. A home occupation shall be conducted only within the enclosed living area of the dwelling unit, accessory building, or the garage, without rendering the garage unusable as the required offstreet parking space(s) for the dwelling unit. Home occupation activities shall not be visible or audible beyond the boundaries of the site.
3. Alterations. There shall be no alteration of any building or structure which would result in a change of the residential occupancy classification under the current the state building code.
4. Traffic and Parking. The home occupation shall not generate vehicular traffic and/or vehicular parking which degrades or is otherwise detrimental to the residential nature of the neighborhood and thus becomes objectionable to neighboring residents and other affected by such parking or traffic.
5. Hours of Operation. No customer or client may come to the premises except during the hours of 7:00 a.m. to 10:00 p.m. No deliveries may originate from or be made to the premises except during the hours of 8:00 a.m. to 6:00 p.m.
6. Commercial Vehicles. No commercial vehicle which has a capacity of more than one-ton shall be parked or stored at the home occupation site other than a recreational vehicle. (The term "commercial vehicle" means as the term as described in the state vehicle code.)
7. Nuisance. The home occupation shall not create any radio or television interference or create discernible noise, glare, dust, odor, vibrations, or unreasonable disturbance in excess of that which is normal to a residential use of the premises. Nor may the home occupation cause or generate any other condition that interferes with the peace, health, safety or general welfare of people or property in the surrounding area.
8. Signs and Advertising. There shall be no signs or structures advertising the home occupation business on the residential property. In addition, no other advertisement of the home occupation shall include the address of the residential dwelling where the home occupation is conducted.
9. Storage. There shall be no exterior storage of materials in the conduct of a home occupation. The storage of materials, equipment, inventory, supplies, and files for home occupation, is only permitted inside the dwelling unit or an entirely closed roofed accessory structure.
10. Rental Property. No home occupation shall be conducted in a rental unit, without the owner or landlord's permission.
11. Transferability. Home occupations are valid only for the person and the address approved and are nontransferable. Only persons whose primary residence in the dwelling unit may engage in the home occupation.
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(Supp. No. 10-24, Upd 1)
12. Employees. A maximum of one employee is allowed at the home occupation, if located in an apartment or condominium unit; 2 employees is allowed if the home is within an urban residential zone; and 3 employees in rural residential zones.
13. Sales. No commodity shall be sold or displayed on the premises.
14. Specific Conditions. The Director may add specific conditions to the approval of a home-based business license in order to address concerns which are not covered by the above conditions and which, in the Director's opinion, are necessary to protect neighboring property from any potential adverse effects of the proposed home occupation.
C. Prohibited Uses. The following uses shall not be allowed as a home occupation:
1. Ambulance service;
2. Animal training;
3. Body piercing;
4. Construction, preassembly and similar large woodworking operations;
5. Contractor and construction yards that cause or require outdoor storage;
6. Cosmetology services including barber and beauty shops;
7. Forensic testing;
8. Limousine, taxi or tow truck services; recreational vehicle rentals or automobile leasing; food or ice cream vending vehicles; or other vehicles not normally incidental to a residential use where such motor vehicles would be parked or stored at the home occupation site. This provision does not preclude limited customer or client parking;
9. Mechanical and electronic repair utilizing, maintaining, or storing more mechanical or electronic equipment on the premises than is common to a residence;
10. On-site massage therapists;
11. Pet grooming (not prohibited in RR-1 and RR-2.5 zones, if on appointment basis only);
12. Rental establishments as described in Section 17.12.040, the permitted uses section of the C zone;
13. Repair services related to automobiles, motorcycles, large household appliances, small engines, garden equipment, or other machinery;
14. Sales or production of drug paraphernalia;
15. Tattoo studio;
16. Taxidermy;
17. The manufacturing, sale, lease, or rental of firearms and/or ammunition;
18. Welding shop and/or metal fabrication;
19. Uses which are subject to Director's Review or a conditional use permit in the zone where the applicant's residence is located;
20. Those uses which the Director determines are similar in nature to the uses listed above.
D. Home-Based Business License. The home occupation shall be required to obtain a business license through the City of Lancaster. The applicant shall fully disclose on the application form all hazardous materials (as defined in Section 17.04.240) which will be stored on-site or used in conjunction with the home occupation.
Created: 2024-08-22 08:37:04 [EST]
(Supp. No. 10-24, Upd 1)
The city shall accept only those applications which have provided all of the information required on the application form which applies to the proposed home occupation.
E. Revocation. Home-based business licenses may be immediately revoked by the Director based upon a finding that any one of the following conditions exists:
1. That the use has changed either in nature or extent to the point that it differs substantially from the use requested in the approved application for the home-based business license.
2. That the use fails to comply with any condition in subsection B of this section.
3. That the holder of the home-based business license failed to allow inspections at a reasonable time for the purpose of investigating a complaint or to verify compliance of the home occupation with the required conditions.
4. That the holder of the home-based business license failed to comply with any applicable city, county, state or federal ordinance, law or regulation including failure to obtain and/or renew a business license.
The Director shall notify in writing the holder of the home-based business license of such revocation and the reasons thereof. The Director's decision may be appealed in accordance with Section 17.36.030. (Ord. No. 989, § 1, 4-9-2013; Ord. No. 1070, § 4(Exh. A), 1-14-2020)
17.08.210 Live-work.
A. Definition. As used in this ordinance: a "live-work" use is a business conducted within a dwelling unit or accessory structure by occupants of the dwelling unit. A live-work use is distinguished from a home occupation primarily in that a live-work use can include employees who are not residents of the home, involve a greater number of customers, be located in a larger percentage of a home or accessory building, and have appropriate on-site signage.
B. Purposes. The purposes of this ordinance are to:
1. Provide for the appropriate development of units that incorporate both living and working space;
2. Provide flexibility for the development of live-work units, particularly within existing buildings;
3. Allow for the transition of residential uses along primary arterial streets to office and commercial uses due to their proximity and access to higher volume traffic;
4. Protect existing, surrounding, and potential uses from conflicts with each other; and
5. Ensure that the exterior design of live-work buildings is compatible with the exterior design of surrounding buildings in the area, while remaining consistent with the predominant workspace character of live-work buildings.
C. Permitted Locations for Live-Work Units. Live-work units are permitted in urban and rural residential zones where the property faces and has access from a primary arterial street.
D. Uses permitted with a Director's Review. The following non-residential uses are allowed in live-work units:
1. Personal and household retail sales and services;
2. Business support services;
3. Offices; and
4. Other similar uses as determined appropriate by the planning director.
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(Supp. No. 10-24, Upd 1)
E. Prohibited Uses. The following non-residential uses are prohibited in live-work units:
1. Restaurants and/or alcohol establishments;
2. Entertainment uses;
3. Construction yards;
4. Any uses involving hazardous materials; and
5. Any other uses that may result in a negative impact on surrounding uses, including traffic, noise and/or safety, as determined by the planning director.
F. Development Standards. Construction of the live-work unit as a non-residential structure is permitted within the development standards of the zone that the property is located in, as well as all other applicable building and accessibility regulations.
G. Conditions of Approval.
1. Parking.
a. Two covered or uncovered parking spaces shall be provided for the residential use of the livework unit. b. Required parking for the non-residential use will be based on the applicable parking standard as determined by the planning director.
2. Signage.
a. Wall business sign permitted: maximum height 18 inches; maximum length 30 percent of façade width; roof sign prohibited.
b. Monument sign permitted: maximum 48 inches in height, including base; maximum length 72 inches; for maximum total of 24 square feet per sign face.
3. Owner or Employee Residency Required. The owner of the property or an employee of the live-work business shall be required to live on the premises.
4. Employees. Up to 3 persons other than residents of the dwelling may be employed, unless otherwise provided by the use permit.
5. Hours of Operation. No customer or client may come to the premises except during the hours of 7:00 a.m. to 10:00 p.m. No deliveries may originate from or be made to the premises except during the hours of 8:00 a.m. to 6:00 p.m.
6. Number of Live-Work Activities. No more than one live-work use is allowed per legal dwelling unit on the property.
7. Outdoor Storage and Activity. No outdoor storage of materials or equipment related to the business activity shall be permitted. No outdoor activity related to the business activity shall be permitted.
8. Nuisance. The live-work use shall not create discernible noise, glare, dust, odor, vibrations, or unreasonable disturbance in excess of that which is normal to a residential use, nor shall the live-work use cause or generate any other condition that interferes with the peace, health, safety or general welfare of people or property in the surrounding area.
9. Specific Conditions. The director may add specific conditions to the approval of a live-work permit in order to address concerns which are not covered by the above conditions and which, in the director's opinion, are necessary to protect neighboring property from any potential adverse effects of the proposed home occupation.
Created: 2024-08-22 08:37:04 [EST]
(Supp. No. 10-24, Upd 1)