ownership shall not be imputed to the new owner, unless the city determines that the sale or transfer of ownership is not to a bona fide third party.
(Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022)
17.42.120 17.42.130 Conditional use permit, minor use permit and director's review:
Expiration, modification, revocation.
A. A conditional use permit, minor use permit, director's review for an alcoholic beverage or tobacco establishment shall lapse if the use is discontinued for 90 consecutive days, or if the establishment's alcoholic beverage control license has been revoked or transferred to another location.
B. A conditional use permit, minor use permit, or director's review is subject to modification at any time if the appropriate approving authority makes a determination that changed circumstances or unanticipated effects concerning the operation of the business establishment necessitate that conditions be added, amended or deleted.
C. A conditional use permit, minor use permit or director's review for an alcoholic beverage or tobacco establishment is subject to revocation if the operator has used or maintained, or permitted the use or maintenance of, the premises on which the establishment is located and/or has operated or permitted the operation of the business in violation of any condition imposed pursuant to the permit, or in violation of the performance standards set forth in Section 17.42.110, or otherwise in a manner that consti tutes a public nuisance and/or a threat to public health, safety and welfare. The appropriate approving authority shall set a public hearing to consider such revocation of said permit in accordance with the applicable provisions of this Code. A decision of approving authority pursuant to this section shall be appealable to the city council in accordance with Chapter 17.36.
1. An administrative citation issued pursuant to Section 17.42.160 that has been deemed final and binding may be used as prima facie evidence of unlawful public nuisance activities and/or conditions in any subsequent revocation proceeding.
(Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022)
17.42.130 17.42.140 Deemed approved status: Expiration, revocation.
A. The "deemed approved" status of an alcoholic beverage or tobacco establishment shall expire if the use is discontinued for 90 consecutive days.
B. The "deemed approved" status of an alcoholic beverage or tobacco establishment is subject to revocation if the operator has used or maintained, or permitted the use or maintenance of, the premises on which the establishment is located and/or has operated or permitted the operation of the business in violation of the performance standards set forth in Section 17.42.110 or otherwise in a manner that constitutes a public nuisance and/or a threat to public health, safety and welfare. The approving authority shall set a public hearing to consider such revocation of said deemed approved status in accordance with the applicable provisions of this Code. A decision of the approving authority decision pursuant to this section shall be appealable to the city council in accordance with Chapter 17.36.
1. An administrative citation issued pursuant to Section 17.42.160 that has been deemed final and binding may be used as prima facie evidence of unlawful public nuisance activities and/or conditions in any subsequent revocation proceeding.
C. An alcoholic beverage or tobacco establishment whose "deemed approved" status has expired or been revoked shall be prohibited from engaging in the sales of alcoholic beverages or tobacco products without
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first obtaining a permit. In the event the planning commission or city council makes the determination that a permit shall be granted, said alcoholic beverage or tobacco establishment shall be subject to the conditions of approval.
(Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022)
17.42.140 17.42.150 Temporary alcohol sales.
Any event sponsor or applicant that anticipates a temporary event with alcohol sales shall obtain a temporary use permit. The application is to be filed with the planning department at least 60 days in advance of the event.
The event sponsor is the entity determined by the city to be liable for protecting public health and safety of event participants (those who attend the event), of event operators (those who create and execute the event), and of all others affected by the actions of event participants and event operators.
A. The planning director shall review and approve requests for temporary alcohol sales through a director's review application.
B. Conditions for a director's review for a temporary sales:
1. The applicant shall obtain property owner's authorization.
2. The applicant shall obtain a business license and any other permits applicable for the event.
3. The applicant shall submit a site plan showing the event, location of parking area(s), lighting (if any), and areas that alcohol is to be sold.
4. The applicant shall have control over points of access to the location where alcoholic beverages are dispensed and consumed.
5. The applicant shall have control and containment of individuals who consume alcoholic beverages.
6. The county sheriff's department shall review the application to determine the number of deputies required for security of the event based on the type and size of the event.
7. All alcoholic beverage servers shall have in their possession proof of completing "responsible beverage service" training from the state ABC.
8. A temporary alcoholic beverage control license is required for the duration of this event. A copy of the temporary license is to be submitted to the planning director prior to the start of the event.
9. The applicant shall specify the hours of operation of the event and the hours of sale of alcoholic beverages.
10. The applicant shall provide liability insurance in the amount determined by the city attorney based on the size and type of the event naming the city as additionally insured.
11. The site shall be restored to the original condition. Site shall be free of debris, all trash receptacles removed, temporary fencing removed, and all disturbed asphalt shall be restored to the original condition. Disturbed landscape areas are also to be restored to the original condition.
The applicant shall be financially responsible for any damage to the parking lot surface and landscape areas resulting from the event.
12. The planning director may require a cash deposit to ensure compliance with the conditions of approval.
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13. The planning director may impose any additional conditions determined necessary to protect the public health, safety, and welfare.
C. Approval of a special event permit pursuant to Chapter 9.40 shall be deemed as compliance with the requirements of this section.
(Ord. No. 1015, § 1, 12-13-2016)
17.42.150 17.42.160 Violation, penalty, remedies.
A. Violations of this chapter shall constitute a misdemeanor and shall be punishable in the manner provided in Section 1.12.020A.
B. In addition to or in lieu of prosecution in a criminal action, the city attorney may initiate civil proceedings for the abatement, removal and enjoinment of any public nuisance as set forth in this chapter, in any manner provided by law, and shall take such other steps, and shall apply to such other court or courts as may have jurisdiction to grant such relief as will abate or remove such alcoholic beverage or tobacco establishments, and restrain and enjoin any person from using property contrary to the provisions of this chapter.
C. In addition to or in lieu of any administrative, civil or criminal remedies set forth in this chapter, the administrative citation provisions of Section 17.42.160 may be utilized to abate or cause the abatement of uses, conditions and/or activities that constitute a nuisance pursuant to Section 17.42.110.
D. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
(Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022)
17.42.160 17.42.170 Administrative citations.
A. Any enforcing officer may issue an administrative citation to a responsible person when the officer has determined, through personal observation or after undertaking standard law enforcement investigatory actions, that the person has used or maintained, or permitted the use or maintenance or property on which an alcoholic beverage or tobacco establishment is located, and/or who has operation or permitted the operation of the business, in a manner that constitutes a public nuisance pursuant to Section 17.42. 110. An officer shall not issue an administrative citation to a responsible person when the officer has determined, based on the totality of the circumstances, that said person has taken all reasonable steps to attempt to prevent the nuisance.
1. A responsible person who is present at the property at the time an officer determines the existence of a public nuisance shall be deemed to have actual or constructive knowledge of such nuisance.
2. An owner of the property on which the alcoholic beverage or tobacco establishment is located, who is not also an operator of the business, may be deemed by an enforcing officer to have actual or constructive knowledge of the nuisance use, condition or activity:
a. If such person has previously been given verbal warning and/or an administrative citation or other written notice concerning the violations; or
b. Based on the totality of the circumstances as determined by the enforcing officer.
B. Within 5 days after issuance of a citation, an officer shall submit a copy of the citation and a written statement of facts to the city manager. Alternatively, the officer may elect to submit the written statement of facts to the city manager, who may then issue the citation.
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C. An administrative citation may be personally given to the responsible person, or the responsible person may be served by first class mail to an address which is either:
a. Indicated on any form of identification presented to the officer, or b. Discovered by the officer during the course of his or her standard law enforcement investigatory actions.
The date a citation is placed in a U.S. Postal Service mail receptacle shall be the date of service. A declaration of service shall be made by the person mailing the administrative citation showing the date and manner of service by mail and reciting the name and address of the citation addressee. Failure of any responsible person to receive an administrative citation by mail shall not invalidate any citation issued pursuant to this chapter.
D. The citation shall be in a city-approved format, and shall include the following information:
1. The date, location and approximate time of the condition and/or activity that constituted a public nuisance pursuant to Section 17.42.110;
2. A brief description of the condition and/or activity that constituted a public nuisance;
3. A statement describing the right to appeal the citation;
4. A statement advising that the fine shall be paid to the city within 30 days from the date of the administrative citation, procedure for payment, and the consequences of failure to pay.
E. The penalty amounts of administrative citations issued pursuant to this chapter shall be as follows:
1. For the first administrative citation, the penalty shall be $500.00;
2. For the second and any subsequent administrative citation, the penalty shall be $1,000.00.
F. The failure of any person to pay a penalty assessed by administrative citation within the time specified on the citation constitutes a debt to the city, which may be collected in accordance with Chapter 1.16 or in any other manner allowable by law.
(Ord. No. 1015, § 1, 12-13-2016; Ord. No. 1093, § 4(Exh. A), 10-11-2022)
17.42.170 17.42.180 Initial review of administrative citation or ability to pay.
A. Request for initial review of administrative citation.
1. A person who has been issued an administrative citation pursuant to this chapter may request an initial review of the citation by the city. The request shall be made in writing and shall state the reason(s) that the citation should be dismissed. The requestor shall include a copy of all pertinent evidence. The request must include a mailing address and, if available, an email address to which correspondence related to the request may be sent. The written request for an initial review must be received by the city clerk's office within 14 calendar days from the date of the citation's issuance. No fee shall be required for filing the request for an initial review. Failure of the city clerk to receive a timely request for an initial review constitutes a waiver of the right to contest the administrative citation; in this event, the citation is final and binding, and payment shall be due within 30 calendar days from the date of the citation's issuance.
2. Upon timely receipt of a written request for an initial review of the administrative citation, the public services director, development services director, or person designated by either director to act as reviewing officer, shall conduct an initial review of the administrative citation, the written incident report or statement of facts, and the request for review and all evidence submitted with the request.
The reviewing officer shall assess whether the evidence shows that the violation occurred and if any extenuating circumstances exist that warrant dismissal, and shall make a decision to preliminarily
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uphold or dismiss the citation. The reviewing officer shall notify the cited person of the decision in writing by mail and/or email within 90 calendar days from the date of receipt of the request for initial review; provided, however, that the public safety director or development services director may extend the ninety-day deadline upon a finding of good cause.
B. Initial review of ability to pay.
1. A cited person, regardless of whether he/she wishes to challenge the citation who believes he/she is unable to pay, may request an initial review of the person's ability to pay. In addition to the written request for review based on ability to pay, a statement of financial worth shall be submitted. The request must include a mailing address and, if available, an email address to which correspondence related to the request may be sent. The written request for an initial review must be received by the city clerk's office within 14 calendar days from the date of the citation's issuance. No fee shall be required for filing the request for an initial review. Failure of the city clerk to receive a timely request for an initial review constitutes a waiver of the right to challenge the ability to pay. In this event, the citation is final and binding, and payment shall be due within 30 calendar days from the date of the citation's issuance; provided, however, that if the cited person timely filed a request for revi ew of the administrative citation, the payment of the citation will be due in accordance with the outcome of that initial review and any subsequent proceedings.
2. The statement of financial worth form shall include information relating to the cited person's employer, real and tangible personal property, monthly income including federal and/or state benefits, and all monthly financial obligations. The cited person shall certify the content of the statement as to its truth and correctness under penalty of perjury. The cited person shall also sign a release form of that person's most recent federal income tax report.
3. The reviewer, in conference with the director, shall make a determination of whether or not the cited person has the ability to pay the full deposit to appeal an administrative citation based on the information provided in the statement of financial worth, and shall notify the cited person in writing by mail and/or email within 90 calendar days from the date of receipt of the request for initial review; provided, however, that the public safety director or development services director may extend the ninety-day deadline upon a finding of good cause.
4. A person who requested an initial review solely on the basis of ability to pay, for whom the determination has been made that the person has the financial ability to pay the full amount of the citation in one payment, shall submit payment of the full amount of the citation within 30 calendar days from the date of the notice of determination of ability to pay.
5. A person for whom the determination has been made that the person does not have the ability to pay the full amount of the citation in one payment, shall, no later than 14 calendar days from the date of the determination, coordinate with the department to establish a payment plan whereby the cited person shall make timely monthly payments until the citation has been paid in full. (Ord. No. 1079(b), § 3(Exh. C), 2-23-2021; Ord. No. 1093, § 4(Exh. A), 10-11-2022) Editor's note(s)—Ord. No. 1079(b), § 3(Exh. C), adopted Feb. 23, 2021, repealed the former § 17.42.170, and enacted a new § 17.42.170 as set out herein. The former § 17.42.170 pertained to right of appeal from an administrative citation and derived from Ord. No. 1015, § 1, adopted Dec. 13, 2016.
17.42.180 17.42.190 Administrative hearing.
A. A person whose initial review of an administrative citation has resulted in the citation being upheld pursuant to this chapter may contest the citation by filing a written appeal on a city - approved form to the city clerk within 14 calendar days from the date of the issuance of the written statement of the results of the initial
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review. The basis for the appeal must be specified in detail on the appeal form. The appeal form must include a mailing address and, if available, an email address to which correspondence related to the request may be sent. Failure of the city clerk to receive a timely appeal constitutes a waiver of the right to contest a citation; in this event, the citation is final and binding.
B. A deposit in the amount of the citation must be paid at the time the appeal is filed. A person for whom a determination has been made that the person is unable to pay the full amount of the citation in one payment as set forth in section 17.42.170 B.(5) of this chapter shall tender the first payment of the payment plan established pursuant to that subsection.
C. As soon as practicable after a timely appeal is filed, the city manager or his/her designee shall fix a date, time and place for a hearing. The hearing shall be conducted by an independent and impartial hearing officer.
Written notice of the time and place for the hearing shall be served by first class mail and/or email at least 10 calendar days prior to the date of the hearing.
D. An appellant may request, in writing, that the director reschedule the hearing if the request is made at least 24 hours prior to the hearing. The director shall grant one continuance of the hearing date.
E. Failure of an appellant to appear at the scheduled hearing shall constitute the appellant's waiver of the right to appeal and a forfeiture of the citation amount deposited at the time the appeal was filed.
F. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish, by a preponderance of evidence, that the appellant committed the offense that was the basis for the citation. The officer issuing the administrative citation and/or submitting the written incident report or statement of facts shall not be required to appear at the hearing. The hearing officer shall accept testimony by declaration under penalty of perjury relating to the com mission of the offense, as set forth in the issuing officer's incident report or statement of facts, and shall consider any other relevant evidence concerning the commission of the offense that the public safety director or development services director or his/her designee may present at the hearing. The hearing officer shall also take the testimony of the appellant, and/or his or her witnesses, will consider any other credible relevant rebuttal evidence the appellant may wish to present. The appellant may represent himself or herself or be represented by anyone of his or her choice, including counsel, at his or her sole expense. The appellant may bring an interpreter to the hearing at his or her sole expense.
G. The hearing officer shall make findings based on the record of the hearing, and shall prepare a written decision, based on those findings, to uphold or dismiss the citation. A hearing officer may uphold the citation but modify the penalty amount if extenuating circumstances warrant a modification in the interest of justice.
A copy of the written decision shall be served on the appellant by first class mail within 14 days after the hearing. If the citation is dismissed, the city shall refund the amount of the citation deposit to the appellant within 30 days from the date of the decision.
H. The decision of the hearing officer is final and conclusive, subject only to review by the superior court in accordance with the time limits set forth in Code of Civil Procedure Section 1094.6. (Ord. No. 1079(b), § 3(Exh. C), 2-23-2021; Ord. No. 1093, § 4(Exh. A), 10-11-2022) Editor's note(s)—Ord. No. 1079(b), § 3(Exh. C), adopted Feb. 23, 2021, repealed the former § 17.42.180, and enacted a new § 17.42.180 as set out herein. The former § 17.42.180 pertained to severability and derived from Ord. No. 1015, § 1, adopted Dec. 13, 2016.
17.42.190 17.42.200 Community service in lieu of payment of penalty.
A. As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service. The amount of the citation shall be reduced for each hour of community
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service at a rate in accordance with the state's minimum wage in effect at the time the community service is performed.
B. In the event a person who has enrolled in community service fails or refuses to perform the community service in a timely and appropriate manner, as provided in any applicable rules, regulations, policies and procedures, the city may cancel the community service agreement and collect any unpaid balance of the administrative citation in any manner authorized by law. (Ord. No. 1079(b), § 3(Exh. C), 2-23-2021; Ord. No. 1093, § 4(Exh. A), 10-11-2022)
17.42.200 17.42.210 Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. (Ord. No. 1079(b), § 3(Exh. C), 2-23-2021; Ord. No. 1093, § 4(Exh. A), 10-11-2022) Chapter 17.43 COMMERCIAL CANNABIS ACTIVITY9
17.43.010 Purpose.
A. The purpose of this chapter is to regulate all "commercial cannabis activity" in the city, as that term is defined in Section 26001(k) of the Business and Professions Code, to the extent authorized by state law and in a manner designed to minimize negative impacts on the city and neighboring uses, and promote the health, safety, morals, and general welfare of residents and businesses within the city. The purpose of this chapter is also to align the city's regulation of commercial cannabis activity with appl icable state law and to regulate the types of commercial cannabis activity permitted under state law. This chapter is enacted specifically in response to the state laws that permit commercial cannabis activity and the objective of this chapter is to minimize its negative impacts.
B. This chapter is further adopted and established pursuant to the specific authority granted to the city in Section 7 of Article XI of the California Constitution and Division 10 of the Business and Professions Code.
This chapter, together with chapter 5.56 and all other applicable law, shall govern all commercial cannabis activity that occurs within the city.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.020 Relationship to other laws.
In the event of a conflict between the provisions of this chapter and the provisions of any other applicable state or local law, the more restrictive provision shall control.
9Editor's note(s)—Ord. No. 1083, § 1(Exh. A), adopted May 11, 2021, repealed the former Ch. 17.43, §§
17.43.010—17.43.170, and enacted a new Ch. 17.43 as set out herein. The former Ch. 17.43 pertained to similar subject matter and derived from Ord. No. 1053, § 1, 12-11-2018.
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17.43.030 Definitions.
A. The following terms shall be defined as follows:
"Adult-use" or "adult-use cannabis" means cannabis or cannabis product that is used or intended to be used by adults who are over twenty-one (21) years of age and who do not possess a physician's recommendation for medicinal cannabis.
"Applicant" means a person applying for a city commercial cannabis license. "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salts, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtain from cannabis. For the purpose of this chapter, "cannabis" does not mean industrial hemp as that te rm is defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code. "Cannabis concentrate" means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this chapter.
"Cannabis cultivation facility" means a facility wherein cannabis is propagated, planted, grown, harvested, dried, processed, stored, cured, graded, labeled, tagged for tracking or trimmed, or that does all or any combination of those activities. For purposes of this chapter, "cultivation facility" also means and includes stand - alone nurseries and processing facilities.
"Cannabis dispensary" or "dispensary" means a premises where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale. "Cannabis distribution facility" means any facility or location where the primary purpose is the procurement, sale, and transport of cannabis and cannabis products between licensed entities. "Cannabis facility" means collectively any cannabis cultivation, manufacturing, distribution or retail facility, as those terms are defined in this chapter. A "cannabis facility" may be comprised of: all structures located on a parcel operated by a single licensee; one or more buildings operated by a licensee on a parcel that contains other building(s) which are operated by other licensees; or a suite or unit within a building operated by a licensee that contains other suites or units operated by other licensees. For purposes of this chapter, "cannabis facility" and "facility" may be used interchangeably.
"Cannabis manufacturing facility" means a facility where the production of cannabis concentrate, or preparation, propagation, compounding and/or packaging of manufactured cannabis is conducted, either directly or indirectly or by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
"Cannabis product," means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. "Cannabis retail facility" means a building, or a suite or unit within a building, in which a licensed cannabis retailer or licensed microbusiness authorized to engage in retail sales displays, offers and/or sells cannabis, cannabis products, or devices for the use of cannabis or cannabis products, either individually or in any combination, for retail sale.
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"Canopy" means the total combined indoor area for all locations on a property where cannabis is being cultivated, as measured by the horizontal extent of the plant or combination of plants at the widest point and measured in a straight line. This does not include aisles or walkways. "Cultivation" means any activity involving the propagation, planting, growing, harvesting, drying, curing, processing, storing, packaging, labeling, grading, or trimming of cannabis. "Delivery" means the commercial transfer of cannabis or cannabis products from a licensed retailer or licensed microbusiness authorized to engage in retail sales to a purchaser. "Delivery" also includes the use by a cannabis facility of any technology platform owned and controlled by the cannabis facility, that enables purchasers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products. "Delivery employee" means an individual employed by a licensed retailer or licensed microbusiness authorized to engage in retail sales who delivers cannabis goods from the licensed retailer or licensed microbusiness premises to a customer at a physical address. "Distribution" means the procurement, sale, and transport of cannabis and cannabis products between licensed cannabis business entities.
"Edible cannabis product" means manufactured cannabis that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food as defined by Section 109935 of the Health and Safety Code or a drug as defined by Section 109925 of the Health and Safety Code.
"Good cause" for purposes of denying, revoking, suspending, or refusing to renew or reinstate a license includes, but is not limited to, the following:
1. The licensee or applicant has violated any of the terms, conditions or provisions of this chapter, of state law, of any regulations and/or rules promulgated pursuant to state law, any applicable local rules and/or regulations, or any special terms or conditions placed upon its conditional use permit, state license, and/or city license;
2. The licensed premises have been operated in a manner that adversely affects the public health, safety or welfare or the safety of the immediate neighborhood in which the establishment is located, causes adverse economic impacts, increased crime, increased incidence of communicable disease, increased demand on public safety resources and law enforcement personnel, decreased property values and/or an increase in the number of transients in the area;
3. The licensee or applicant has knowingly made false statements, misrepresentations or material omissions on an application form, renewal form, or any other document submitted to the city;
4. Issuance of the license would impair the health, safety or welfare of the public, cause negative impacts to property values, impair the city's ability to prevent crime associated with cannabis, and/or impair the city's ability to ensure that cannabis grown remains secure and does not find its way to minors or illicit markets.
5. The applicant or licensee's criminal history does not indicate that the applicant or licensee is of good moral character; or the applicant or licensee has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, or that otherwise indicates that his or her operation of a cannabis facility would pose a hazard to public health and safety;
6. The licensee or applicant is employing or being financed in whole or in part by any person whose criminal history indicates that person is not of good moral character or that otherwise indicates his/her financial interest in a cannabis facility will pose a hazard to public health and safety;
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7. The applicant or licensee has failed or refused to allow city officials to inspect security recordings, activity logs, or business records, of the licensed premises;
8. The licensee has failed to adequately reconcile its inventory, such that shortages in its cannabis and/or cannabis product cannot be accounted for in the paper and/or electronic inventory tracking system(s);
9. The applicant or licensee has failed to pay any and all cannabis fees, surcharges, and/or fully adjudicated administrative citations;
10. The applicant or licensee has had a primary or tenant license revoked or has had more than one suspension on its primary or tenant license by the city; or
11. The applicant or licensee operated a cannabis business in violation of this chapter, chapter 5.56, or any other applicable state or local law.
"Indoor cultivation" means the cultivation of cannabis within a permanent structure using exclusively artificial light or within any type of structure using artificial light at a rate above twenty -five watts per square foot. "Legal parcel" means a parcel of land for which one legal title exists. Where contiguous legal parcels are under common ownership or control, such legal parcels may at the option of the property owner be counted as a single parcel for purposes of this chapter.
"Licensee" means a person who has been issued a city license to conduct commercial cannabis activity on premises for which a conditional use permit has been approved. "Manufacturer" means a person that conducts the production, preparation, propagation, or compounding of manufactured cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container. "Medicinal cannabis" or "medicinal cannabis product" means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Section 11362.5 of the Health and Safety Code) by a medicinal cannabis patient in California who possesses a physician's recommendation. For purposes of this chapter, "medicinal" and "medical" may be used interchangeably. "Mixed-light cultivation" means the cultivation of mature cannabis in a greenhouse, hoophouse, glasshouse, conservatory, hothouse, or other similar structure using a combination of: (1) Natural light and light deprivation and one of the artificial lighting models listed below: (a) "Mixed-light Tier 1" without the use of artificial light or the use of artificial light at a rate above zero, but no more than six watts per square foot; (b) "Mixed -light Tier 2" the use of artificial light at a rate above six and below or equal to twenty-five watts per square foot; or (2) Natural light and one of the artificial lighting models listed below: (a) "Mixed-light Tier 1" the use of artificial light at a rate above zero, but no more than six watts per square foot; (b) "Mixed-light Tier 2" the use of artificial light at a rate above six and below or equal to twenty-five watts per square foot. "Nursery" means all activities associated with producing clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis. "Outdoor cultivation" means the cultivation of mature cannabis without the use of artificial lighting or light deprivation in the canopy area at any point in time. Artificial lighting is permissible only to maintain immature plants outside the canopy area.
"Person," as used in this chapter, means and includes any individual, partnership or any kind, corporation, limited liability company, association, joint venture or other organization or entity, however formed. "Process" or "Processing" mean all activities associated with the drying, curing, grading, trimming, rolling, storing, packaging, and labeling of cannabis or nonmanufactured cannabis products.
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"Responsible person" means any person, whether as a licensee, property owner, lessee, employee, agent, or otherwise, that allows, causes, creates, maintains, or permits any violation of this chapter, chapter 17.43, or applicable state or local cannabis law or regulation, to exist or continue, by any act or the omission of any act or duty. The actions or inactions of a responsible person's employee, agent, representative or contractor may be attributed to that responsible person.
"State law(s)" shall mean and include California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 through 11362.83 (Medical Cannabis Program Act); California Business and Professions Code Sections 26000 through 26231.2 (Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA")), and all other applicable laws of the state of California. "State license," "license," or "registration" means a state license issued pursuant to MAUCRSA. "State licensing authority" shall mean the Bureau of Cannabis Control within the California Department of Consumer Affairs, the California Department of Public Health, the California Department of Food and Agriculture, or any other state agency responsible for the issuance, renewal, or reinstatement of a license issued under MAUCRSA or the agency authorized to take disciplinary action against such license. "Testing laboratory" has the same meaning as that term is defined by Section 26001(as) of the Business and Professions Code and shall mean a laboratory, facility or entity that offers or performs tests of cannabis or cannabis products and that is both of the following:
1. Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state;
2. Licensed by the bureau of cannabis control.
B. Words and phrases not specifically defined in this Code shall have the meaning ascribed to them as defined in the following sources:
1. The Compassionate Use Act of 1996 (California Health and Safety Code Section 11362.5);
2. The Medical Cannabis Program Act (California Health and Safety Code Sections 11362.7 through 11362.83); and
3. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (California Business and Professions Code Sections 26000 through 26231.2) as may be amended from time to time. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.040 Permissible cannabis commercial activity; number of permissible facilities.
A. Subject to chapter 5.56 and all other applicable state and local laws and regulations, a person may conduct the following types of commercial cannabis activities subject to the requirements and restrictions set forth in this chapter:
1. Cultivation, including indoor cultivation, mixed-light cultivation, and stand-alone nurseries and processing facilities;
2. Manufacturing;
3. Distribution;
4. Retail sales;
5. Delivery, when originating from a retail facility within the city at a location for which a conditional use permit has been approved and whose owner possesses current and valid local and state licenses and permits;
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6. Testing laboratories, accredited and licensed as required pursuant to MAUCRSA.
B. The maximum number of licenses issued by the city may be limited by written policy prepared and implemented by the city manager, said policy to be distributed to the City Council within ten (10) business days of its promulgation or amendment.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.045 Prohibited commercial cannabis activity.
It shall be unlawful to engage in commercial cannabis activity in the city except as provided in section
17.43.040 of this chapter.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.050 Cannabis facilities conditionally permitted.
Cannabis facilities, as defined herein, shall be conditionally permitted within the city, subject to the requirements of this chapter, chapter 5.56 and all other applicable state and local laws. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.060 License and conditional use permit required to operate.
A. Cannabis facilities shall only be permitted to operate in the city following application, investigation, verification, notice and public hearing, approval and issuance of both a license issued by the city in accordance with the criteria and procedures set forth in chapter 5.56 and a conditional use permit issued in accordance with the criteria and procedures set forth in this chapter and any policies, procedures and/or regulations promulgated by the city manager to implement the provisions of this chapter a nd chapter 5.56.
No land use entitlement, permit (including building permit) approval, site plan, certificate of occupancy, zoning clearance, or other land use authorization for a cannabis cultivation facility shall be granted, permitted or valid unless a conditional use permit is first obtained and issued under this chapter.
B. All persons who are engaged in or who are attempting to engage in cannabis commercial activity shall do so only in strict compliance with the terms, conditions, limitations and restrictions of chapter 5.56, this chapter and all other applicable state and local laws and regulations.
C. The city manager is authorized to make policies and procedures consistent with this chapter concerning the applications, the application process, the information required of applicants, the application procedures and the administration and procedures to be used and followed in the application and hearing process. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.070 Conditional use permit application process.
A. Prior to initiating operations and as a continuing requisite to operating a cannabis facility, the applicant shall obtain a conditional use permit under the terms and conditions set forth in this chapter. The applicant shall file an application for a conditional use permit with the city's development services department on the official form supplied by the city and shall pay the applicable application fee as established by resolution of the city council, as may be amended from time to time. The provision s of chapter 17.32 that govern conditional use permits generally shall apply to conditional use permits applied for and/or issued under this
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chapter; provided, however, that to the extent of any conflict or inconsistency between chapter 17.32 and this chapter, the provisions of this chapter shall control.
B. An application for a conditional use permit shall include the information and documents required by the applicable state licensing agency, the requirements as specified in the development review application checklist provided by the city, and shall also include at least the following information:
1. Environmental plan. An environmental plan indicating how cultivation, manufacturing, distribution and/or retail will be conducted in accordance with state and local laws related to hazardous material disposal, land conversion, grading, electricity usage, water usage, and agricultural discharges.
2. Emergency response plan. An emergency response plan which complies with this Code and the California Fire Code, and sets out standard operating procedures to be followed by all individuals in case of a fire, chemical release, chemical spill, or other emergency.
3. License. Proof that the applicant has been provisionally approved for a city license for the proposed facility.
4. Context aerial map. An aerial map stating the distances between the proposed cannabis facility and the nearest residence, school, park and church.
5. Address of cannabis facility. The address of the location of the proposed cannabis facility.
6. Site plan and floor plan. A site plan and floor plan of the proposed cannabis facility denoting all uses of areas of the cannabis facility, including any and all storage, employee areas, exterior lighting, restrooms, security cameras, areas of ingress and egress, signage, limited access areas, and restricted access areas.
7. Interior improvements. Plans and specifications for the interior of the proposed licensed premises if the building to be occupied is in existence at the time of the application. If the building is not in existence or alteration to the building is required at the time of the application, the applicant shall file a plot plan and a detailed sketch for the interior and shall further submit an architect's drawing of the building to be constructed or renovated.
8. Owner and manager information. The name, address, telephone number and email of any person who is an owner, a manager and person responsible for the day-to-day operations of the proposed cannabis facility.
9. Property owner information and acknowledgement. The name, address, telephone number and email of the person that owns the real property upon which the proposed cannabis facility is to be operated.
In the event the applicant does not legally own the property, the application must be accompanied by a notarized acknowledgement from the person who owns the property that a cannabis facility will be operated on his or her property.
10. Operating plan. An operating plan for the proposed cannabis facility that includes at least the following information:
a. A description of the design of the proposed licensed premises evidencing that the design conforms to applicable local and state laws and regulations. b. A detailed description of the type of cultivation processes to be utilized, including, without limitation, all nutrients, chemicals and other materials. c. A detailed breakdown of square footages for each of the areas dedicated to the cultivation, manufacturing, storage, display and/or sale of cannabis and cannabis related items, as applicable.
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d. A specific description of the types of manufacturing products, activities, extraction and/or infusion methods, packaging, specific equipment to be utilized, whether and which volatile solvents will be used, and what percentage of the facility will be us ed for such activity. e. A description of the source of power (electric utility company, solar, diesel generators), the size of the electrical service or system, and the total demand to be placed on the system by all proposed uses on-site.
f. Verification of all water sources used by the proposed cannabis facility and verification that the proposed cannabis facility does not and will not utilize water that has been or is illegally diverted from any stream, creek, or river.
g. Evidence of compliance with all applicable environmental laws and regulations, including, without limitation, those pertaining to air and water quality. h. Any additional document(s) or information reasonably requested by the city.
11. Security plan. A security plan that, to the satisfaction of the city, addresses how the applicant intends to comply with and implement all requirements of this chapter, chapter 5.56 and the MAUCRSA, including, but not limited to, a description of how the security measures are sufficient to ensure the safety of on-site managers and employees, protect the proposed licensed premises from diversion and theft, and ensure that all buildings where cannabis is cultivated or stored and/or where cannabis products are manufactured, packaged and stored are secured sufficiently to prevent unauthorized entry.
12. Odor filtration system. Verification that the proposed cannabis facility will be equipped with an odor filtration system that meets the following requirements:
a. A cannabis facility shall install or provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the cannabis facility that is distinctive to its operation is not detected or detectable outside the cannabis facility, anywhere on adjacent property or public rights-of-way, on or about any exterior or interior common area walkways, hallways, breeze - ways, foyers, lobby areas, or any other areas available for common use by tenants or the visiting public, or within any other unit located within the same building as the cannabis facility. b. For enforcement purposes, the standard for determining what constitutes an unlawful odor under this subsection shall be whether such an odor would be deemed offensive to a reasonable individual on an ongoing or periodic basis and personally detectable by city staff or law enforcement personnel.
13. Declaration. A statement in writing by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is true and correct.
14. Acknowledgement. Authorization for the city to seek verification of the information contained within the application.
15. Any such additional and further information as is deemed necessary by the city to administer this section or this chapter.
C. The city staff shall review, verify and investigate all information on the application and prepare a report for the planning commission incorporating the findings of such investigation and verification, including, but not limited to, the suitability of the proposed location, and the applicant's compliance with the requirements of this chapter, chapter 5.56 and all other applicable state and local laws and regulations. The applicant shall be solely responsible for the cost of any environmental report, study or other document determined by the city to be necessary in order to process the application. Upon the city's demand, the applicant shall deposit with the city the estimated cost of the environmental report, study or other document determined by the cit y to be required by applicable law.
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(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.080 Grounds for denial of conditional use permit.
A. The planning commission shall not hold a public hearing on or approve any application for a conditional use permit to operate a cannabis facility unless the city has provisionally approved the applicant's license pursuant to chapter 5.56.
B. In addition to the findings set forth in section 17.32.090 of this Code, a conditional use permit shall only be granted subject to certain conditions to protect the health, safety and general welfare of the neighborhood or community, and subject to the following findings:
1. The cannabis facility as well as all operations as conducted therein, fully comply with all applicable environmental, building, electrical, zoning and fire codes, accessibility requirements of the Americans with Disability Act, and all other applicable local and state laws and regulations; and
2. The cannabis facility complies with and meets all operating criteria required pursuant to state laws, chapter 5.56 of this Code, any other applicable provisions of this Code, and any specific, additional operating procedures and measures as may be imposed as conditions of approval in the conditional use permit.
C. Following the public hearing, the planning commission shall deny an application for a conditional use permit upon making any of the following findings, which shall be made part of the record of the meeting/public hearing:
1. The findings required by section 17.32.090 or subsection B, above, for the granting of a conditional use permit cannot be made; or
2. Good cause, as defined in this chapter.
D. Based on the information set forth in the application, the staff report presented by city staff and testimony presented at the public hearing, the planning commission may impose reasonable terms and conditions on a proposed cannabis facility in addition to those specified in and required to be included in every conditional use permit granted under this chapter.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.090 Transfer of ownership interest to a new owner, modification of licensed premises and other material changes.
In addition to any requirements in chapter 5.56 of this Code, the following requirements for change of ownership to a new owner, or modification of a cannabis facility apply.
A. Change of ownership interest to a new owner. A conditional use permit approved in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership interest in the cannabis facility in the same area, configuration, and manner as it was originally approved in compliance with this chapter. Notwithstanding anything in this Code to the contrary, a new owner of a facility may not commence operations at the premises until the transfer of ownership interest to a new owner has been approved by the city and the new owner has been issued a primary license.
B. Modification of licensed premises. A cannabis facility shall not make physical change, alteration, or modification that materially changes the facility from the plans approved by the city and/or planning commission without paying the fee established by resolution of the city council and obtaining director's review and approval, and complying with any new conditions of approval. Material changes shall
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comply with all current building and safety codes as determined by the fire chief and building official.
Material changes include, but are not limited to: a decrease in the number of security cameras, the relocation of any security camera included in the security plan approved pursuant to section 17.43.070, an increase or decrease in the total square footage of the licensed premises or the addition, sealing off, or relocation of a wall, common entryway, doorway, or other means of public ingress and/or egres s.
The city may deny a requested material modification if, in its sole discretion, it determines that such modification poses or has the likelihood of posing a hazard to public health, safety or welfare, or will otherwise be detrimental to the neighboring community. Subject to director's review and approval, additional permissible commercial cannabis activities may be added to a parcel for which a cannabis conditional use permit has previously been approved.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.100 Appeals.
Any decision regarding the planning commission's or director's review approval, conditional approval, denial, or revocation or modification of a conditional use permit for a cannabis facility may be appealed to the city council in accordance with the provisions of chapter 2.44 of this Code. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.110 Permitted zones, distance and size requirements.
A. Permitted zones. Subject to the distance and other requirements of this chapter, a cannabis facility may only be located on a property within the light industrial (LI) zone, heavy industrial (HI) zone, or any adopted specific plan that permits industrial uses, and following the application for and granting of a conditional use permit in accordance with this chapter. In addition to the other required findings, the planning commission shall also consider whether approval of the proposed facility will viola te the minimum requirements set forth in this section.
B. Distance and size requirements.
1. No cannabis facility shall be located within six hundred (600) feet of the following:
a. A religious assembly;
b. A public or private school, college or university (excluding trade schools); c. A residential use or residentially designated property; e. A public park.
2. An applicant for a conditional use permit pursuant to this chapter may request, in conjunction with the conditional use permit, a waiver of the foregoing distance requirements; provided, however, that no waiver may be requested or shall be granted for mixed-light cultivation utilizing hoop-houses or similar soft-sided and/or temporary structures. In considering such request, the planning commission may approve a waiver if it makes the following findings:
a. The cannabis facility will serve a specific community need; and b. The distance waiver approved for the facility is not expected to result in an adverse effect on adjacent property, uses or residents.
3. All distances specified in this section shall be measured in a straight line, without regard to intervening structures or topography, from the nearest point of the building or structure in which the cannabis
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facility is, or will be located, to the nearest property line of the parcel where such use set forth in this subsection B is located.
4. All indoor cultivation/manufacture of cannabis shall occur in an enclosed locked structure that shall not exceed size limits set by state licensing/regulatory agencies. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.120 Confidentiality of information.
A. The city's review of information submitted or maintained pursuant to this chapter shall preserve the confidentiality of all information about applicants, licensees, owners, and employees, to the maximum extent consistent with state and local law. The city shall incur no liability for the inadvertent or negligent disclosure of such information. Disclosure of any applicant or licensee information to the city for purposes of this chapter shall not be deemed a waiver of confidentiality.
B. The city shall treat all financial information provided pursuant to this chapter as financial data in accordance with the California Public Records Act (California Government Code Section 6254(n)).
C. To the extent permitted by law, recordings from security cameras, as well as operating plans and security plans required by this chapter shall be confidential and shall not be subject to public inspection or disclosure except to authorized city employees.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.130 Limitations on city's liability.
To the fullest extent permitted by law, the city shall not assume any liability whatsoever, with respect to approving any conditional use permit pursuant to this chapter or the operation of any cannabis facility approved pursuant to this chapter. As a condition of approval of a conditional use permit as provided in this chapter, the applicant or its legal representative shall:
A. Execute an agreement indemnifying the city from any claims, damages, etc., associated with the operation of the facility;
B. Agree to defend, at its sole expense and with counsel of the city's choice, any action against the city, its agents, officers, and/or employees related to the approval of a primary license; and C. Agree to reimburse the city for any court costs and attorney fees that the city may be required to pay as a result of any legal challenge related to the city's approval of a primary license.
D. Expressly acknowledge in writing that (i) the city incurs no liability whatsoever as a result of the city's issuance of a license pursuant to chapter 5.56, a conditional use permit pursuant to this chapter and/or approval of the security plan required by this chapter, (ii) the applicant is aware that engaging in commercial cannabis activity may violate federal law, including, without limitation, the Controlled Substances Act, 21 U.S.C. § 801 et seq., and the applicant assumes all liability for such viola tion. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.140 Inspections.
A. Recordings made by security cameras at any cannabis facility shall be made immediately available to the city's public safety department, the city manager, the Los Angeles County Sheriff's Department or their designee upon verbal request for enforcement and/or criminal investigation purposes.
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B. The city manager, or his or her designee, law enforcement officers, city development services department personnel and city public safety personnel and compliance inspectors shall have the right to enter all cannabis facilities from time to time unannounced for the purpose of making reasonable inspections to observe and enforce compliance with this chapter and chapter 5.56. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.150 Violations and enforcement.
A. Operation of a cannabis cultivation facility in non-compliance with any conditions of approval or the provisions of this chapter, chapter 5.56, any other applicable state or local law or regulation, or condition of any license or permit shall constitute a misdemeanor and upon conviction thereof any violation shall be punishable by a fine not to exceed one thousand dollars ($1,000.00), or by imprisonment for a period of not more than one year, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense.
B. The city may issue an administrative citation to any responsible person, as defined herein, for each violation of this chapter pursuant to the procedures set forth in chapter 9.48; provided, however, that notwithstanding the provisions of subsection 9.48.060(E), the penalty amounts of administrative citations issued for violations of this chapter shall be as follows, may be amended from time to time by resolution of the city council:
1. For the first violation within a twelve (12) month period, the penalty shall be ten thousand dollars ($10,000.00);
2. For the second and any subsequent violation within a twelve (12) month period, the penalty shall be twenty thousand dollars ($20,000.00).
C. In lieu of or in addition to the foregoing, the city may collect any and all abatement and related administrative costs pursuant to the provisions of section 8.28.210.
D. The remedies provided herein are not to be construed as exclusive remedies, and in the event of violation or non-compliance, the city may pursue any proceedings or remedies otherwise provided by law. Any administrative citation issued pursuant to this chapter shall not prejudice or adversely affect any other civil, administrative or criminal action that may be brought to correct or abate any unlawful nuisance condition or use caused by a licensee, permittee or cannabis facility. A civil or criminal actio n may be brought concurrently with any other process regarding the same violation.
E. Applicants and licensees shall cooperate with employees and investigators of the city who are conducting inspections or investigations of or pertaining to the enforcement of laws and regulations related to this chapter. No applicant or licensee shall by any means interfere with, obstruct or impede the city manager or any member of the city's development services or public safety department, law enforcement personnel, or other city official from exercising his/her duties under the provisions of this chapt er and all regulations promulgated pursuant to it.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.160 Revocation of conditional use permit.
Revocations of a conditional use permit issued under this chapter shall be governed by section 17.32.890, et seq. of this Code. In addition to the grounds for revocation set forth in section 17.32.890, the planning commission and/or the city council may suspend or revoke a conditional use permit if the planning commission and/or the city council find:
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A. Good cause;
B. The building, structure, equipment, location or manner of operation of such business does not comply with the requirements of or fails to meet the standards of the health, zoning, fire and safety laws of the state and ordinances of the city applicable to such business operations; or C. The cannabis facility has failed to comply with this chapter or any condition of approval or a circumstance or situation has been created that would have permitted the planning commission to initially deny the conditional use permit, including, but not limited to, failure to comply with the operating plan or safety plan approved pursuant to section 5.56.070. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.170 Public nuisance.
A. It is unlawful and shall constitute a public nuisance to engage in or conduct any commercial cannabis activity in violation of this chapter, chapter 5.56 or any other applicable local or state law or regulation, or condition of a license or permit.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.180 Regulations.
The city manager is authorized to promulgate such regulations as may be necessary or convenient to implement this chapter.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.190 Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one (1) or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
Chapter 17.44 CONTINUATION, PENDING PROCEEDINGS AND REPEALS
17.44.010 Continuation of existing law.
The provisions of this title insofar as they are substantially the same as the provisions of any ordinance or portions of any ordinance repealed by the ordinance codified in this title shall be construed as restatements and continuation thereof, and not as new enactments.
(Prior zoning ord. § 801)
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17.44.020 Pending proceedings not affected.
No hearing or other proceeding initiated or commenced prior to November 5, 1971, and no right accrued, is affected either by amendments to this title effective on said November 5, 1971, or by the provisions of this title, but all proceedings thereafter taken shall conform to the provisions of this title so far as possible. Where the commission prior to said November 5, 1971, has recommended the granting, denial, revocation or modification of any permit, exception, license, or other approval, to the board of supervisorscity council, the said board council may act upon such recommendation either before or after November 5, 1971. In all other cases the commission shall grant, deny, revoke or modify as now provided in this title even if the action was initiated prior to November 5, 1971.
(Prior zoning ord. § 802)
17.44.030 Pending proceedings.
If, prior to November 5, 1971, an application for an exception has been heard by the board of supervisors, commission or zoning board but has not been decided on November 5, 1971, the board of supervisors city council, and commission and zoning board may, where applicable, consider the case as either an application for a variance or for a conditional use permit, and shall decide or recommend pursuant to the provisions of this title as they now exist.
(Prior zoning ord. § 803)
17.44.040 Rights under existing approval not affected.
No rights given by any permit, license or other approval under any ordinance repealed by the ordinance codified in this title are affected by such repeal, but such rights shall hereafter be exercised according to the provisions of this title.
(Prior zoning ord. § 804)
17.44.050 Prior approval of permits and maps.
No rights given by any permit or tentative map approval, or existing extension thereof, under any ordinance in effect prior to the effective date of this amendment shall be affected by this amendment. (Prior zoning ord. § 804.1)
17.44.060 Conviction of crime.
Any conviction for a crime under any ordinance which is repealed by the ordinance codified in this title, which crime is continued as a public offense by this title, constitutes a conviction under this title for any purpose for which it constituted a conviction under such repealed ordinance. (Prior zoning ord. § 805)
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17.44.070 Repeals.
Ordinance No. 219 entitled "An Ordinance Regulating the Storage and Transportation of Explosives in the County of Los Angeles," adopted October 11, 1909; Ordinance No. 1454, entitled "An Ordinance Regulating the Establishment and Maintenance of Rock Quarries, Sand and Gravel Pits and Rock Crushing Plants in the County of Los Angeles," adopted March 14, 1927; Ordinance No. 1473 (New series) entitled "An Ordinance Providing for the Creation in the Unincorporated Area of the County of Los Angeles of Seven Zone s Prescribing the Classes of Uses of Buildings, Structures, Improvements and Premises in Said Several Zones and Providing a Penalty for the Violation Thereof," adopted May 2, 1927; Ordinance No. 2179, entitled "An Ordinance Providing for a Comprehensive Scheme of Building Line Restrictions in the Unincorporated Territory of the County of Los Angeles," adopted November 2, 1932; Ordinance No. 2854, entitled "An Ordinance Regulating the Establishment, Maintenance and Extension of Cemeteries in the County of Los Angeles, Providing for the Issuance of Permits Therefor, and Providing Penalties for the Violation Thereof," adopted January 20, 1937; and Ordinance No. 5070, entitled "An Ordinance Temporarily Restricting and Regulating Residential Construction, Occupat ion and Use in the Laguna Domingues Area, Pending the Adoption of Permanent Official Plans of the Master Plan of Land Use," adopted February 17, 1948, are repealed.
(Prior zoning ord. § 806)
17.44.080 No revival of repealed ordinances.
The repeal of said Ordinance No. 2854 does not revive Ordinance No. 927, New Series, entitled "An Ordinance Prohibiting the Establishment of Certain Institutions in Certain Localities in the County of Los Angeles," adopted October 1, 1923, nor any other ordinance or portion thereof repealed by said Ordinance No. 2854. (Prior zoning ord. § 807)
17.44.090 Zone exception modifying standards deemed variance.
Where a zone exception granted by action of the commission or board of supervisors prior to said November 5, 1971, may be granted as a variance under the present provisions of this title, it shall be deemed a variance. (Prior zoning ord. § 808)
17.44.100 Status of zone exceptions other than standards.
In all cases other than as provided in Section 17.44.090 where a zone exception was granted by action of the commission or the board of supervisors prior to November 5, 1971, such use shall be considered a nonconforming use under the provisions of this title provided:
A. That such uses shall remain in compliance with and subject to all limitations and conditions imposed by such grant; and
B. That all provisions governing nonconforming uses not in conflict with the limitations and conditions of such grant, shall apply.
(Prior zoning ord. § 809)
Chapter 17.45 COLLECTION BINS
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17.45.010 Title.
This Chapter shall be known as the City of Lancaster's Collection Bins ordinance. (Ord. No. 1098, § 3(Exh. A), 1-24-2023)
17.45.020 Findings and declaration.
The city council finds and declares as follows:
A. The unregulated presence of collection bins, sometimes called donation bins, on private property often leads to bins encroaching on public rights-of-way, which poses a significant hazard to vehicular and pedestrian safety.
B. Additionally, many collection bins are not regularly maintained or monitored, which results in donated items overflowing out of the bins, creating a visual blight and providing a harborage for vermin. The presence of overflowing bins and/or a proliferation of bins in a concentrated area can create the appearance of an informal dumping area and attract unintended items such as couches, appliances, and electronics. Unattended and unmaintained bins are frequently targets for graffiti and other vandalism, which further leads to blight.
C. It is the purpose and intent of the city council to protect public health, safety and general welfare by establishing narrowly tailored and reasonable time, place and manner regulations to ensure the proper, safe and sanitary location and maintenance of collection bins in the city. (Ord. No. 1098, § 3(Exh. A), 1-24-2023)
17.45.030 Definitions.
As used in this Chapter, the following words and phrases have the meanings set forth below:
"City manager" means the city manager of the city of Lancaster, or his or her designee. "Code" means the Lancaster Municipal Code.
"Collection bin" or "bin" means an unattended box, receptacle or similar device used for soliciting and collecting donations of salvageable personal property, whether for charitable purposes by a non- profit organization or for profit by a for-profit entity.
"Person" as used in this Chapter, means and includes any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization or entity, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons. "Person" also includes any public entity or agency that acts as an owner in the city. "Responsible person" means any person, whether as an owner or tenant/lessee of private property or otherwise, that allows, causes, creates, maintains, or permits a nuisance collection bin to exist on or adjacent to their premises, by any act or the omission of any act or duty. The actions or inactions of a responsible person's agent, employee, representative or property manager may be attributed to that responsible person. "Salvageable personal property" means new or used items such as clothing, shoes, books, and miscellaneous household items.
(Ord. No. 1098, § 3(Exh. A), 1-24-2023)
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(Supp. No. 10-24, Upd 1)
17.45.040 Director's review and approval required.
It is unlawful for any person to store, maintain, or allow a collection bin without having first obtained a director's review and approval. A person must have an approval in good standing at all times a collection bin is on a person's premises.
(Ord. No. 1098, § 3(Exh. A), 1-24-2023)
17.45.050 Application for director's review; denial, revocation, conditioning; obtaining approval for bins currently on property.
A. A person seeking to store, maintain or allow a collection bin on his/her property shall submit an application for a director's review in accordance with the provisions set forth in Chapter 17.32, Article VI of this code.
B. The application review and approval, denial, conditioning, suspension and/or revocation processes, and all administrative remedies, shall be in accordance with Chapter 17.32. An approval is also subject to modification or denial if the information submitted pursuant to subsection C. of this Section is incomplete or does not reflect that the placement or maintenance of the collection bin will comply with the standards set forth in this Chapter. Further, an approval may be denied or revoked in the event of any of the following conditions:
1. The property has contained graffiti within 6 months prior to the application submittal that has not been timely removed in accordance with this code;
2. The property has had conditions or uses in violation of the Lancaster Municipal Code within 6 months prior to the application submittal which were not timely corrected or abated in accordance with a notice of violation, administrative citation, or compliance letter;
3. The applicant has been found to be in violation of the requirements of this Chapter within one year of the application submittal.
C. In addition to the requirements set forth in Chapter 17.32, Article VI, the applicant shall also submit the following information/documentation, which is subject to the approval, modification and/or denial of the city manager:
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;
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(Supp. No. 10-24, Upd 1)
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.
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.
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(Supp. No. 10-24, Upd 1)
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.
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.
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(Supp. No. 10-24, Upd 1)
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)
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, FEMA-
approved LHMP, as adopted by the City Council, can be
accessed in its entirety on the City’s website at:
https://www.cityoflancasterca.gov/emergencyplansor at
this link:
https://www.cityoflancasterca.org/home/showpublished
document/41913
The 2019 Local Hazard Mitigation Plan (LHMP) serves
three primary purposes:
• Analysis: it provides a comprehensive analysis of
the natural and human-caused hazards that
threaten the city, with a focus on mitigation.
• Eligibility for Funding: it keeps the City of
Lancaster eligible to receive additional federal
and state funding to assist with hazard
mitigation, as allowable by the Federal Disaster
Mitigation Act of 2000 (DMA 2000) and California
Government Code Sections 8685.9 and 65302.6;
and
• Consistency: it complements the efforts
undertaken by the Safety Element.
The LHMP complies with all requirements set forth under DMA 2000, received approval from the Federal
Emergency Management Agency (FEMA) in 2018, and
was adopted by the City in 2019. Sections of the Safety Element are supplemented by the LHMP, which is
incorporated by reference, as allowed by California
Government Code Section 65302(g).
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 40
th 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.