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Attachment E - Planning Commission Staff Report, April 21, 2025

Lancaster City Council
May 13, 2025

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Attachment E - Planning Commission Staff Report, April 21, 2025
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May 13, 2025
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AGENDA ITEM: 4.

DATE: 4/21/2025

STAFF REPORT
2025 ZONE TEXT AMENDMENT TO TITLES 2, 8, 15, 16, AND 17 OF THE LANCASTER MUNICIPAL CODE (ZTA25-001) AND GENERAL PLAN AMENDMENT TO THE SAFETY ELEMENT OF THE GENERAL PLAN (GPA25-001)
DATE: April 21, 2025
TO: Lancaster Planning Commission
FROM: Kendall Brekke, Senior Planner
Community Development Department
APPLICANT: City of Lancaster
LOCATION: Citywide
REQUEST: Recommendation to the City Council for the approval of Zone Text Amendment No. 25-001 (ZTA25-001) fo r the 2025 Zone Text Amendment to Titles 2, 8, 15, 16, and 17 of th e Lancaster Municipal Code (LMC) and General Plan Amendment No. 25-001 (GPA25-001) for the update to the Safety Element of the General Plan to provide clarification, consistency, and compliance with City policies and State requirements.

RECOMMENDATION: Planning Commission adopt Resolution 25-05 recommending approval to the City Council for Zone Text Amendment No. 25-001 (ZTA25-001) for the 2025 Zone Text Amendment to Titles 2, 8, 15, 16, and 17 of the Lancaster Municipal Code (LMC) and General Plan Amendment No. 25-001 (GPA25- 001) for the update to the Safety Elemen t of the General Plan to provide clarification, consistency, and comp liance with City policies and State requirements.

BACKGROUND
The City of Lancaster (City) periodically updates the Lancaster Municipal Code (LMC) and General Plan 2030 (General Plan) to reflect current legislation and regulations, codify new and current city policies, and provide code clarifications.

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The previous Zone Text Amendment (ZTA21-001) and General Plan Amendment (21-002) were approved by the City Council on June 14, 2022 for the 2021-2029 Housing Element Update, Safety Element Update, implementation of the Environmental Justice Elemen t. Subsequently, the City Council approved a Zone Text Amendment on September 12, 2023 for the impl ementation of goals, policies, and programs associated with the Housing Element.

The Safety Element of the General Plan presents the City’s overall goals, policies, and action programs to facilitate resiliency and prosperity. By incorporating data and mapping, addressing vulnerabilities related to climate change, and integrating policies and progra ms from the City’s 2019 Local Hazard Mitigation Plan (LHMP), the previous 2022 technical amendments to the Safety Element we re intended to achieve compliance with State, regional and local policies and guidelines.

Assembly Bill (AB) 2140 was enacted in 2006 and allows California counties and cities to be considered for additional state cost-share on eligible Public Assi stance projects by adopting their current, FEMA- approved LHMPs into the Safety Element of their General Plan. This adoption, along with other requirements, makes the City eligible to be considered for part or all of its local-share costs on eligible Public Assistance projects to be provided by the state through the California Disaster Assistance Act (CDAA). AB 2140 compliance is not a requirement; it serves as a valuable financial incentive to strengthen community resilience and reduce the fiscal burden of disaster recovery. To participate in this program, the City must update the Safety Element to in corporate the newly approved 2025 LHMP, ensuring compliance with AB 2140 and positioning the City to ma ximize potential state funding for future disaster events.

PROJECT DESCRIPTION

The City proposes to update the LMC with text amendments to the following chapters/titles: Chapter 2.36 (Disaster CounciI), Chapter 8.50 Landscaping Installation and Maintenance, Chapter 15.04 Administrative Code, Chapter 15.64 Development Impact Fees, Chap ter 16.04 General Provisions, and Title 17 Zoning, and to update the Safety Element of the General Plan (project).

The project only consists of text amendments. No changes to the City’s zoning map or development densities are proposed. No construction or development is proposed as part of the project. The proposed amendments would require the approval of the City Council.

The project is necessary because it aims to address current state legislation and regulations, implement new and current city policies and procedures, and provide code “clean ups” and clarifications. The goal is to improve the LMC to be innovative, compliant, and user-friendly to City staff and the public.

Summary of Proposed Changes

The proposed amendments are organized in the following four categories:

1. Administrative Correction - Clerical corrections from previous amendments to effectuate the codification.

2. Code Clarification – Reorganization and “clean up ” items to fix outdated references, typos, and grammar.

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3. New Proposal – Introduction of a new policy, concept, or land use category.

4. Policy Implementation – Implementation of existing City policies or state mandates.

The proposed LMC and General Plan amendment la nguage is detailed in a redline/strikethrough document included in this staff report as Attach ment C. The proposed amendment language without redlines, or “clean” version, is included as Attachment D.

Zone Text Amendment Summary

The following table provides a summary of the 2025 Zone Text Amendment incl uding the item number for reference, category, LMC section, description, and justification:

2025 Zone Text Amendment Table

# Category LMC
Section(s)
Description Justification
1 Code
Clarification

2.36 Updates to the Order of
Succession in a local state of
emergency and grammatical
proofing.

Updating the order of succession for the City
Council and Planning Commission in a local state of
emergency. Replacing outdated references to
previous city positions to be consistent with the
current safety protocol and reflect city policies,
and additional grammatical proofing.
2 Code
Clarification

8.50.090,

8.50.261
Clarifying language related
to residential grass
limitations.

The current language is unclear for landscape
architects and residents. Clarifying references to
turf as organic grass, as opposed to artificial or
synthetic turf.
3 Policy
Implementation

15.04.080 Reducing refund time limit. Reducing the refund time limit for building permit applications to reflect City policies.
4 Policy
Implementation

15.64.130 Requiring impact fee
payment at occupancy
rather than issuance.

SB 937 requires that impact fee payments by a
developer be made at building occupancy for
residential projects, rather than by issuance of
certificate of occupancy. Current City policy is in
compliance, as fees for all development are due at
building occupancy. This codifies this existing
policy.
5 Policy
Implementation

16.16.030.B Adding flexibility to
Tentative Administrative
Parcel Map process.

Update to reflect city policies and to provide
additional flexibility for development projects.

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April 21, 2025

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6 Administrative
Correction

17.04.240 Further implementation of
2023 Housing Element
updates.

Update to effectuate previously approved
amendments (2023 Housing Element Update).

Removing irrelevant terms and definitions.
7 New Proposal 17.08.050 Adding Battery Storage use
in the residential permitted
use chart.

Adding "Utility Scale Battery Energy Storage
Systems (BESS)" as a use in the Residential
Permitted Use Chart. The use would be allowed in
the RR-2.5 zone with a CUP. This would make the
use consistent with utility scale solar generating
plants.
8 Administrative
Correction

17.08.050 Further implementation of
2023 Housing Element
updates.

Adding a missing asterisk for clarification in the
residential use chart.
9 Policy
Implementation

17.08.060.A Implementation of
Director's Policy to allow
variation in garage location
for custom homes in certain
zones.

Update to reflect city policies and to provide
additional flexibility for development projects. This
allows custom homes to have different setback
requirements for garages.
10 Administrative
Correction

17.08.060 Further implementation of
2023 Housing Element
updates.

Update to effectuate previously approved
amendments (2023 Housing Element Update) -
small multifamily standards.
11 Policy
Implementation

17.08.120.A.5,

17.12.150.B.18,

17.16.140
Clarification of off-premises
signage restrictions.

Updating three sections (residential, commercial,
and industrial) to reflect city policies and to
prevent proliferation of "off-premise signs," which
are typically signs attached to a car parked off site
and or similar signage.
12 Policy
Implementation

17.08.130 Implementation of code
interpretation regarding
prohibited fencing
materials.

Update to reflect city policies and to prevent the
proliferation of undesirable fencing materials, such
as chain link, in the residential zones.
13 New Proposal 17.08.130 Implementation of code
interpretation regarding
multifamily fence heights.

Update to reflect city policies and to provide
clarification on multifamily fence standards.

PC Staff Report
2025 Zone Text Amendment and General Plan Amendment
April 21, 2025

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14 Administrative
Correction

17.08.130 Implementation of 2023
Housing Element updates.

Update to effectuate previously approved
amendments (2023 Housing Element Update)
regarding perimeter walls.
15 Policy
Implementation

17.08.050,

17.08.130,

17.12.130,

17.16.220
Implementation of
Director's Policy to allow
temporary fencing on
vacant property.

Update to reflect city policies, provide clarification
on temporary fencing requirements and standards,
and provide additional flexibility to property
owners.
16 Administrative
Correction

17.08.160 Clarification of code
regarding accessory
structure sizes.

Update to provide clarification on the
measurement of accessory structures.
17 Policy
Implementation

17.08.160 Implementation of
Director's Policy to allow
increased height for garages
in rural zones.

Update to reflect city policies, allow the maximum
height for a detached garage to 20 feet in rural
zones, and to provide additional flexibility for
residential projects.
18 Policy
Implementation

17.08.160 Clarification of code
regarding accessory
structure setbacks.

Update to reflect city policies and to provide
additional clarification on residential projects.
19 Administrative
Correction

17.08.230 Implementation of 2023
Housing Element updates.

Update to effectuate previously approved
amendments (2023 Housing Element Update)
regarding removal of guest houses.
20 Code
Clarification

17.10.030 Clarification of code
language related to the
adoption of the Lancaster
Health District.

Update to incorporate a reference to the Mixed
Use-Health District of the Lancaster Health District
Master Plan which was previously missing.
21 Administrative
Correction

17.10.030 Implementation of 2023
Housing Element updates -
TOD publishing.

Update to incorporate a general reference to the
City's website, as opposed to an impermanent link.
22 Administrative
Correction

17.10.060 Implementation of 2023
Housing Element updates.

Update to effectuate previously approved
amendments (2023 Housing Element Update)
regarding multifamily setbacks.
23 New Proposal 17.42 Establishment and
clarification on the
standards for tobacco
establishments.

Updating the Chapter 17.42 Alcoholic Beverage
Establishments section to include tobacco
establishments. This section is updated to include
tobacco uses and entitlement requirements,
distance requirements, and conditions of approval.

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April 21, 2025

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24 Code
Clarification

17.12.040
(Commercial
permitted use
chart)
Reorganization of the
Commercial permitted use
chart.

Reorganized the Commercial permitted use
section into a more user-friendly chart, consistent
with the previously reorganized Residential
permitted use chart. The updated use charts allow
for better consistency, clarity, and usability.
25 Code
Clarification

17.16.040
(Industrial
permitted use
chart)
Reorganization of the
Industrial permitted use
chart.

Reorganized the Industrial permitted use section
into a more user-friendly chart, consistent with the
previously reorganized Residential permitted use
chart. The updated use charts allow for better
consistency, clarity, and usability.
26 New Proposal 17.12.040,

17.16.040
Adding Gun Stores use in
the Commercial and
Industrial permitted use
charts.

Adding Gun Stores as new use to provide
clarification on requirements and consistency with
City policies.
27 Policy
Implementation

17.12.130 Implementation of
Director's Policy regarding
hydrogen required at gas
stations.

Update to reflect City policies and provide clear
direction on new gas stations to designate space
for the installation hydrogen fueling.
28 Code
Clarification

17.12.130.B.2,

17.16.220.A.8,

17.28.030.C
Creation of new fences and
walls sections for
Commercial and Industrial
zones.

Updating and relocating fences and walls sections
and standards in the appropriate sections within
the Commercial and Industrial zones.
29 New Proposal 17.12.150 Implementation of new
policy for additional wall
signs.

Adding the option of additional wall signs subject
to a Director's Review to provide additional
flexibility for business owners.
30 Policy
Implementation

17.12.230,

17.12.690,

17.12.890.A.3,

17.16.220.A.3,

17.20.810
Standardization of compact
parking standards.

Update to standardize the language and
dimensions associated with the use of compact
parking spaces through all zones.
31 Code
Clarification

17.16.040 Clarification on the
allowance of legitimate
massage businesses.

Clarifying and differentiating between "adult
massage parlor" in the Sexually Oriented
Businesses use category and "massage parlor" in
the Health and Fitness Services use category.

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April 21, 2025

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32 Code
Clarification

17.08.050,

17.08.060,

17.08.100,

17.08.190,

17.12.040,

17.12.730,

17.16.040
Standardization of the
naming of "day care" uses.

Clarifying the definitions and requirements for
each use consistent with city policies.

Standardizing the naming of "day care" use
throughout the code for consistency.
33 Policy
Implementation

17.32.800 Removal of automatic denial
due to inactivity process to
be consistent with City
policies.

Updating to reflect city policies and to provide
additional flexibility for applicants.
34 New Proposal 17.12.040,

17.16.040
Adding "Animal Shelter -
Public Agency Operated"
use in the Commercial and
Industrial permitted use
charts.

Currently, an animal shelter use is only allowed in
the Public (P) zone. By allowing this use in the I
zones, it would allow this much needed use to be
located in more appropriate areas in the City.
35 Code
Clarification
Title 17 Replacement of outdated
references to positions,
departments, and agencies.

Updating multiple references to irrelevant,
outdated, or non-existent positions, entities,
departments, or agencies throughout Title 17.

Examples include references to the Board of
Supervisors.
36 Policy
Implementation

17.36.010 Implementation of
standardized administrative
withdrawal processes.

Updating to reflect city policies and to provide
additional clarification for applicants.
37 Administrative
Correction

17.40.685 Removal of inapplicable
code sections which were
previously added
erroneously.

Removing inapplicable code sections which were
previously added erroneously.
38 Policy
Implementation

17.41.016 Removal of detached ADU
size limits for multifamily.

Removing the maximum size limitations of a
detached ADU for multifamily developments in
accordance with state law (AB 811).
39 New Proposal 17.16.040 Renaming and allowing
"Electrical Generating Plants
- Solar" use in the Industrial
permitted use charts.

Renaming and allowing "Electrical Generating
Plants - Solar" use in the Industrial zones to
provide clarification and reflect City policies.

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April 21, 2025

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40 New Proposal 17.12.100,

17.12.780,

17.16.090,
Article III -

17.32.410
Establishment of an
Adjustment Permit
entitlement and procedure.

Establishing a new procedure to address minor
adjustments to various areas of the code such as
building height, lot coverage, setbacks, FAR, fence
and wall height, and sign regulation to allow
additional flexibility to property owners. An
Adjustment Permit would be a director-level
approval. Adjustments would be considered minor
in relation to a Variance (which requires Planning
Commission approval). The Adjustment Permit
procedure allows additional flexibility for property
owners.
41 New Proposal 17.12.040,

17.16.040
Adding "Schools - Small
Specialty/Charter" use in
the Commercial and
Industrial permitted use
charts.

Adding Schools - Small Specialty/Charter use in the
Commercial and Industrial permitted use charts to
provide clarification and reflect city policies. A
Small Specialty or Charter School use is not
currently among the school uses in the code.
42 New Proposal 17.12.040,

17.16.040
Adding "Private Car Wash"
use in the Commercial and
Industrial permitted use
charts.

Adding "Private Car Wash" as a new use to provide
clarification to applicants. A private car wash use
includes car washes that are ancillary to car-
related uses such as a dealership or rental facility.

Unlike typical car wash uses, a private car wash is
not open to the public. This use requires a
Director's Review.
43 GPA
Code
Clarification
General Plan -
2021 Safety
Element
Updating the reference to
the recently adopted 2025
LHMP in the Safety Element.

See General Plan Amendment Summary below.

General Plan Amendment Summary

The Safety Element is one of the State-mandated elements of the General Plan and was recently updated in June 2022 to comply with State legislation and gui delines. It presents the City’s overall goals, policies, and action programs to facilitate resiliency and pros perity. Technical amendments to the Safety Element are intended to achieve compliance with State, regional, and local policies and guidelines.

AB 2140 allows cities and counties to be considered fo r additional state cost-share on eligible Public Assistance projects. If compliant, the City may be e ligible for up to 6.25% additional state funding, potentially covering the entire local share of eligible disaster recovery costs. AB 2140 compliance must be renewed each time the LHMP is updated.

The Federal Disaster Mitigation Act of 2000 requires state and local governments to develop and maintain an LHMP to qualify for certain types of federal disaster assistance. The LHMP identifies risks, vulnerabilities, and mitigation actions to reduce the impact of disasters on the community. The City has PC Staff Report
2025 Zone Text Amendment and General Plan Amendment
April 21, 2025

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completed an update to its LHMP, which has been reviewed and approved by the Federal Emergency Management Agency (FEMA) as "approvable pending adoption."

On April 8, 2025, the City Council approved the 2025 LHMP. By adopting the LHMP, the City will maintain compliance with Federal Emergency Management Ag ency (FEMA) requirements, ensuring continued eligibility for federal hazard mitigation and disaster relief funding, establish a foundation for future action to incorporate the LHMP into the Safety Element, a nd strengthen hazard mitigation planning to reduce disaster risks in the community.

Coinciding with this Zone Text Amendment, the proposed General Plan Amendment would update the reference to the LHMP and incorporate the newly adopted LHMP to the General Plan. This item is included in the above 2025 Zone Text Amendment Table as #43 GPA. The proposed General Plan amendment language is detailed in a redline/strikethrough and “clean version” documents included in this staff report as Attachments C and D.

ENVIRONMENTAL REVIEW

Pursuant to Sections 15162 and 15168(c)(2) of the St ate CEQA Guidelines, the proposed Zone Text Amendment and General Plan Amendment are within the scope of the Program Environmental Impact Report (State Clearinghouse (SCH) No. 2007111003) for the existing General Plan and within the scope of the Negative Declaration of the Safety Elem ent Update (SCH No. 2021080292), and no further environmental review is required.

FINDINGS

Section 17.24.140 “Amendments—Commission findings and decision” of the La ncaster Municipal Code contains the following finding:

1. The Commission may recommend approval where the information presented at public hearing shows that such amendment is necessary to impl ement the general plan and/or that the public convenience, the general welfare or good zoning practice justifies such action.

The proposed Zone Text Amendment and General Plan Amendment are consistent with the goals and policies of the General Plan. The project only consis ts of text amendments. No changes to the City’s General Plan and zoning designations, zoning ma p, or development densities are proposed. No construction or development is proposed as part of the project. The text amendments would result in clarifying the implementation of the goals, policies, and programs of the General Plan. The amendments would allow the City to continue establishing the fundamental framework to guide future decision-making about development, high quality design and general community wellbeing.

The Safety Element’s Disaster Preparedness and Evacua tions goals contains the following action which states:

Action 4.8.1(c): Periodically update the City's Local Hazard Mitigation Plan and integrate the findings and mitigation actions/strategies into other City documents like the Capital Improvements Program, Infrastructure Master Plans, and other planning documents.

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2025 Zone Text Amendment and General Plan Amendment
April 21, 2025

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The proposed amendments are consistent with the goals and policies of the General Plan, specifically the Safety Element. It is the City’s responsibility to update the LHMP every five years as an ongoing effort to meet the evolving demands to foster a community with a strong sense of readiness to address emergency situations and activities. The amendments would ensure that the City is consistent with these goals and policies, while remaining compliant to State requirements, such as AB 2140.

LEGAL NOTICE

A notice of Public Hearing was posted in three places and published in Antelope Valley Press on April 1, 2025, as required by law.

RECOMMENDATION

Adopt Resolution No. 25-05 recommending approval to the City Council for Zone Text Amendment No. 25-001 (ZTA25-001) for the 2025 Zone Text Amendment to Titles 2, 8, 15, 16, and 17 of the Lancaster Municipal Code (LMC) and General Plan Amendment No . 25-001 for the update to the Safety Element of the General Plan to provide clarification, consiste ncy, and compliance with City policies and State requirements.

Attachments:

A. Resolution No. 25-05
B. Draft City Council Ordinance
C. ZTA and GPA Redlines
D. ZTA and GPA Proposed Amendments

RESOLUTION NO. 25-05

A R E S O L U T I O N O F T H E P L A N N I N G C O M M I S S I O N O F T H E C I T Y O F

LANCASTER, CALIFORNIA RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR ZONE TEXT AMENDMENT NO. 25-001 FOR THE 2025 ZONE TEXT AMENDMENTS TO TITLES 2, 8, 15, 16, AND 17 OF THE LANCASTER MUNICIPAL CODE AND GENERAL PLAN AMENDMENT NO. 25-001 FOR THE

UPDATE TO THE SAFETY ELEMENT OF THE GENERAL PLAN TO PROVIDE

CLARIFICATION, CONSISTENCY, AND COMPLIANCE WITH CITY POLICIES AND STATE REQUIREMENTS.

WHEREAS, the Planning Commission has considered the proposed Zone Text Amendment No. 25- 001 (ZTA25-001) for the 2025 Zone Text Amendment to Titles 2, 8, 15, 16, and 17 of the Lancaster Municipal Code (LMC) and General Plan Amendment No. 25-001 for the update to the Safety Element of the General Plan to provide clarification, consistency, and compliance with City of Lancaster (City) policies and State requirements, as set forth and attached here to as Exhibit A and more fully described below (the “amendments”); and

WHEREAS, applicable law requires the Planning Commission to notice and hold a public hearing o n t h e a m e n d m e n t s a n d , f o l l o w i n g s u c h h e a r i n g , t o r e n d e r a d e c i s i o n i n t h e f o r m o f a w r i t t e n recommendation to the City Council; and

WHEREAS, the Planning Commission held a public hearing concerning the amendments on April 21, 2025, notice of which was published and provided as required by law; and

WHEREAS, the Planning Commission finds that the proposed amendments are required for public health, safety, and general welfare, and that the amendments are consistent with the general objectives, principles, and standards of the General Plan;

WHEREAS, the Planning Commission now desires to recommend that the City Council adopt the Proposed Ordinance.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LANCASTER, DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS:

Section 1. That the foregoing Recitals are true, correct and a substantive part of this Resolution.

Section 2. That the Planning Commission hereby adopts the following finding pursuant to Section 17.24.150 of the LMC:

1. The commission may recommend approval where the information presented at public hearing shows that such amendment is necessary to implement the general plan and/or that the public convenience, the general welfare or good zoning practice justifies such action.

Section 3. That the proposed amendments are consistent with the City’s General Plan.

PC Resolution No. 25-05
April 21, 2025

Page 2 ends

Section 4. That pursuant to Sections 15162 and 15168(c)(2) of the State CEQA Guidelines, the proposed Zone Text Amendment and General Plan Amendment are within the scope of the Program Environmental Impact Report (State Clearinghouse (SCH) No. 2007111003) for the existing General Plan and within the scope of the Negative Declaration of the Safety Element Update (SCH No. 2021080292), and no further environmental review is required.

Section 5. That the Planning Commission hereby recommends the City Council approve and adopt the Proposed Ordinance.

Section 6. That Planning Commission staff is au thorized and hereby directed to transmit this Resolution to the City Council as required by Section 65855 of the Government Code.

PASSED, APPROVED, and ADOPTED this 21st day of April 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

STEVEN DERRYBERRY, Vice-Chair
Lancaster Planning Commission

ATTEST:

PATTI GARIBAY, Director of Community Development
City of Lancaster

Attachments:

A. Exhibit A – Proposed Amendments

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