F. Any nonconforming publicly owned use, including but not limited to, schools, colleges, parks, libraries, fire stations, sheriff stations and other public sites, may be added to, extended or altered if such additions, extensions or alterations do not extend beyond the boundaries of the original site established prior to the time approval was required. Nothing in this title pertaining to nonconforming structures shall be construed to require the termination, discontinuance or removal of such uses except as provided in Section 17.32.900.
G. Any nonconforming public utility building, structure, equipment or facility necessary for operating purposes, but excluding offices, service centers or yards, may be added to, extended or altered, provided there is no change in use or enlargement of the original site established prior to the time such approval was required.
Nothing in this ordinance pertaining to nonconforming structures shall be construed to require the termination, discontinuance or removal of such uses except as provided in Section 17 .32.900. (Ord. No. 1070, § 4(Exh. A), 1-14-2020)
17.32.860 Restoration of damaged structure.
A. Whenever a structure which does not comply with the property development standards prescribed in the zone in which the structure is located is destroyed by fire or other calamity to the extent of fifty percent (50%) or more, the structure may be restored and the legal nonconforming use may be resumed; provided, that restoration is started within two (2) years from the date of the calamity and diligently pursued to completion. The new structure may be restored to its original height or the maximum height permitted in the zone in which it is located, whichever is greater, and must be in full conformity with the parking, setback, and landscaping standards for that zone in effect at the time of reestablishment.
B. The extent of damage shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the Building Official and shall be based on the minimum cost of construction in compliance with the Building Code. In the case of a use with multiple structures, the damage ratio shall be determined by c omparing the cost of restoring the damaged structure(s) to its (their) condition(s) prior to such damage to the estimated cost of duplicating all structures associated with such use.
C. Whenever a structure is damaged less than fifty percent (50%), the structure shall be replaced to its legal nonconforming status or replaced with a structure in conformance with the code. (Ord. No. 1070, § 4(Exh. A), 1-14-2020)
17.32.870 Zoning Compliance Review.
A. Uses and structures established in compliance with zoning codes in effect at the time of establishment of the use or structure but not in compliance with current zoning codes may obtain a certificate of zoning compliance through a Director's Review. A certificate of zoning compliance shall require a final occupancy review. The applicant must show, to the satisfaction of the Director, that the structure or use in question is in compliance with the original permit and/or codes in effect at the time the struct ure was constructed or the use was initiated
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)
Article VIII. Revocations or Modifications
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17.32.890 Grounds for.
After a public hearing as provided for in this article, the commission may revoke or modify any nonconforming use or revoke or modify any permit, variance or other approval which has been granted by either the city council or the commission, pursuant to either the provisions of the ordinance codified in this title or of any ordinance superseded by the ordinance codified in this title on any one or more of the following grounds:
A. That such approval was obtained by fraud;
B. That the use for which such approval was granted is not being exercised; C. That the use for which such approval was granted has ceased or has been suspended for one year or more.
This subsection does not apply to an exception (granted prior to November 23, 1970), or permit for a rock quarry, sand or gravel pit, rock crushing plant, or any apparatus for the manufacture or production of rock, sand or gravel, or any excavation for the purpose of obtaining clay, decomposed granite, or similar material, if from the cessation of use the outer boundaries of the premises have been continuously posted with signs not less than 500 feet apart and at each change of direction of the said outer boundary line, in such manner as will reasonably give notice to passersby of the matters contained in such notice, stating, in letters not less than 4 inches in height: "ROCK QUARRY PROPERTY," and stating, in letters not less than one inch in height: "Permission has been granted to use this property at any time for rock quarry, sand, gravel or clay pit or rock crushing plant"; D. Except in case of a dedicated cemetery that any person making use of or relying upon the permit, variance, or other approval, is violating or has violated any conditions of such permit, variance or other approval, or that the use for which the permit, variance, or other approval was granted is being, or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;
E. Except in the case of a dedicated cemetery, that the use for which the approval was granted is so exercised as to be detrimental to the public health or safety, or so as to be a nuisance. (Prior zoning ord. § 510.1)
17.32.900 Additional grounds for nonconforming uses and structures.
In addition to the grounds for revocation or modification contained in Section 17.32.890, a nonconforming use or structure may be revoked or modified after a public hearing if the commission finds:
A. That the condition of the improvements, if any, on the property are such that to require the property to be used only for those uses permitted in the zone where it is located would not impair the constitutional rights of any person;
B. That the nature of the improvements are such that they can be altered so as to be used in conformity with the uses permitted in the zone in which such property is located without impairing the constitutional rights of any person.
(Prior zoning ord. § 510.2)
17.32.910 Initiation of.
Hearings on revocations or modifications of permits, variances or nonconforming uses or structures may be initiated:
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A. If the city council instructs the commission to set the matter for a public hearing; or B. Upon the initiative of the commission.
(Prior zoning ord. § 510.3)
17.32.920 Notice of public hearing.
Notice of a public hearing on a revocation or modification shall be provided as follows:
A. To the same persons and in the same manner as required for a public hearing before the commission pursuant to 17.36.020; and
B. By such other additional means that the commission deems necessary. (Prior zoning ord. § 510.4)
17.32.930 Continuance.
If for any reason, the testimony of any case set for public hearing cannot be completed on the appointed day, the chairman of such hearing may before adjournment or recess, publicly announce the time and place at which said hearing will be continued and no further notice thereof shall be required. (Prior zoning ord. § 510.5)
17.32.940 Notice of action.
Notice of the action taken by the commission shall be provided in accordance with the provisions of Section
17.36.020C.
(Prior zoning ord. § 510.6)
17.32.950 Effective date.
An order by the commission revoking or modifying a permit, variance, or nonconforming use or structure shall become final and effective 10 working days after the commission's action, provided no appeal of the action taken has been filed with the city clerk pursuant to Section 17.36.030 within said 10 working days. (Prior zoning ord. § 510.7)
Chapter 17.36 ADMINISTRATION
17.36.010 Procedure for application.
A. Withdrawal of. An applicant or petitioner for any permit, variance, nonconforming use or structure review, or zone change provided for in this title may withdraw their application at any time before hearing or before ex parte action by the commission by filing with the commission a request in writing signed by all persons who signed the original application or petition, or their successors in interest.
B. Filing Fees and Deposits. For the purpose of defraying the expense involved in connection with any application or petition required or authorized by this title the city council shall establish by resolution fees
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which shall accompany the application or petition at the time of filing with the city. The council may amend such fees at any time as it deems a change to be necessary in accordance with state law.
C. Fee Waiver. In those instances where the city council by resolution determines it in the public interest to accept applications or petitions without filing fee, the director shall accept such applications or petitions subject to the requirements specified in said resolution.
D. Deficiencies and Refunds of Fees and Deposits.
1. If any application or petition is withdrawn as provided in subsection A of this section prior to publication of notice of hearing or prior to ex parte action by the commission, the city shall refund the filing fee and all deposits, if any.
2. In the case of an application for a cemetery permit if the actual cost of publication and posting of notice is more than the amount deposited by the applicant, such applicant shall deposit the deficiency; if less the city shall refund any deposit.
3. In all other cases there shall be no refund after the notice of hearing has been published.
E. Accounting for Fees and Deposits. The director shall keep a permanent and accurate account of all deposits received, giving the name of the applicant upon whose account the same was deposited, the date and amount thereof, together with the location of the premises to which they relate.
F. Inactive Application. An application may be deemed administratively withdrawn by staff if an applicant has not provided a formal response, revision, or is not actively pursuing the proposed project after a period of one year from the last date of formal comments by the city. (Prior zoning ord. §§ 620—623)
17.36.020 Public hearings procedure.
A. Notice of. No less than 10 days prior to the date of any hearing other than a hearing on an application to grant a cemetery permit, the Director shall:
1. Cause a copy of a notice of the time and place of such hearing to be published as follows:
a. Hearings on general amendments to the ordinance shall be published once in a newspaper of general circulation in the city of Lancaster;
b. Hearings on permits, variances, nonconforming uses or structure review, or zone changes shall be published once in a newspaper of general circulation in the city of Lancaster except that, conditional use permits for a rock quarry, sand, gravel, or any excavation for the purpose of obtaining clay, decomposed granite or similar material shall be published in 2 newspapers of general circulation at least one of which is a newspaper available in the community in which such use is proposed to be established. Such publications if made in a daily newspaper, shall be for a period of not less than 5 consecutive publications of such newspaper, and if made in a weekly newspaper, shall be for a period of not less than 2 consecutive publications of such paper the first publication in either case appearing not less than 20 days before the date of the hearing;
2. Cause a notice to be mailed by first class mail, postage prepaid, to:
a. The applicant and all persons listed in the application or petition as owners of the property under consideration, and
b. All persons whose names and addresses appear on the verified lists of property owners required to be submitted by the applicant, and
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c. Such other persons whose property might in his judgment be affected by such application or permit;
3. Cause a notice of the time and place of such hearing to be sent to such public officers, departments, bureaus or agencies who, in the opinion of the Director, might be interested, requesting a report thereon;
4. If for a revocation, also serve upon every person, if any, in real or apparent charge and control of the premises involved, the record owner, the holder of any mortgage, trust deed or other lien or encumbrance of record, the holder of any lease of record, the record holder of any other estate or interest in or to the premises or any part thereof, written notice of the time and place of such hearing either in the manner required by law for the service of summons, or by registered mail, postage prepaid;
5. If the Director finds that the publication and mailing required by subsections A.1. and 2. of this section will not give sufficient notice to those persons who may be affected, he also shall post at such locations as he deems best suited to inform such persons, notices of the time and place of such hearing.
6. For centers with two or more tenant spaces, each tenant within the center shall be notified of the public hearing notice.
B. Continuance of. If for any reason, the testimony on any case set for public hearing cannot be completed on the appointed day, the chairman of such hearing may before adjournment or recess, publicly announce the time and place at which said hearing will be continued and no further notice thereof shall be required.
C. Notice of Action. The commission shall serve notice of its action upon:
1. The applicant for a permit, variance, nonconforming use or structure review, or zone change, or the person owning and/or operating a use for which the revocation of a permit, variance, or nonconforming use or structure is under consideration as required by law for the service of summons or by registered or certified mail, postage prepaid, return receipt requested; and
2. The following persons by first class mail, postage prepaid:
a. The first 3 protestants testifying or speaking at the public hearing, except at a hearing for the revocation or modification of any permit, variance, or nonconforming use or structure, b. The first 3 persons testifying or speaking at a public hearing in favor of the revocation or modification of any permit, variance, or nonconforming use or structure, c. Any other persons testifying or speaking at a public hearing that request such notification from the chairman at the hearing.
(Prior zoning ord. §§ 631—633)
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)
17.36.030 Appeal to the city council from action of city official, board or commission.
Whenever an applicant or an interested citizen of the city desires to appeal to the city council an adverse determination made by a city official, board or commission he shall follow the uniform appeal procedures as outlined in Chapter 2.44 of this code. All inquiries regarding appeals shall be directed to the city clerk's office. (Prior zoning ord. § 641)
Chapter 17.40 GENERAL REGULATIONS
Title 17 - ZONING
Chapter 17.40 - GENERAL REGULATIONS
Article I. General Regulations
Lancaster, California, Code of Ordinances Created: 2024-08-22 08:37:11 [EST] (Supp. No. 10-24, Upd 1)
Article I. General Regulations
17.40.010 Buildings moved.
No building or structure shall be moved from one lot or premises to another unless such building or structure shall thereupon be made to conform to all the provisions of this title relative to buildings or structures hereafter erected upon the lot or premises to which such building or structure shall have been moved, and shall be made to conform to the general character of the existing buildings in the neighborhood or better. (Prior zoning ord. § 701.2)
17.40.020 Buildings converted or altered.
No building or structure existing at the time of the effective date of the ordinance codified in this title or any amendment thereof which is designed, arranged, intended for or devoted to a use not permitted in the zone in which such building or structure is located, shall be enlarged, extended, reconstructed, built upon or structurally altered unless the use of such building or structure is changed to a use permitted in the zone in which such building or structure is located.
(Prior zoning ord. § 701.3)
17.40.030 Temporary housing in disaster areas.
Notwithstanding any other provision of this title, where an existing residence is damaged or destroyed by a major disaster such as fire, flood or earthquake so declared by the Governor of the state of California during the previous 6 months, a mobilehome may be used as a residence on the same lot or parcel of land by the owner and his family for a period not to exceed one year. This section authorizes only the temporary replacement of a damaged or destroyed residence and not an increase in the number of liv ing quarters permitted on the property. (Prior zoning ord. § 701.4)
17.40.040 Prohibition, general.
A person shall not use or cause or permit to be used any building, structure, improvement or premises located in any zone described in this title contrary to the provisions of this title. (Prior zoning ord. § 701.5)
Article II. Required Area
17.40.050 Defined.
See definition in Section 17.04.240.
(Prior zoning ord. § 702.1)
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(Supp. No. 10-24, Upd 1)
17.40.060 Undersized sections.
If as a result of the normal division of an undersized section of land, a parcel of land would be created having less than the required area, such parcel of land shall be considered as having the required area provided:
A. That in no event shall more parcels be created under this section than would result from the breakdown of a normal section of land in the same zone; and B. That this section shall apply only to parcels of land when division of a normal section would create parcels of land having not less than a minimum gross area of 2½ acres; and C. That the total reduction of all parcels in a division of an undersized section shall not exceed 10%; and D. That no lot or parcel of land shall be created which contains less than a minimum gross area of 2¼ acres; and
E. That the creation of such parcels shall meet all the requirements of Ordinance 4478 entitled "Subdivision Ordinance," adopted March 19, 1945.
(Prior zoning ord. § 702.2)
17.40.070 Required area reduced by public use.
If a lot or parcel of land has not less than the required area and after creation of such lot or parcel of land a part thereof is acquired for public use other than for highway purposes, in any manner including dedication, condemnation or purchase, and if the remainder of such lot or parcel has not less than the 80% of the required area, such remainder shall be considered as having the required area. (Prior zoning ord. § 702.3)
17.40.080 Required area reduced for highway purposes.
If a lot or parcel of land has not less than the required area, as defined in Section 17.40.050, and after the creation of such lot or parcel of land a part thereof is acquired for highway purposes exclusively in any manner including dedication, condemnation or purchase, and if the remainder of such lot or parcel has not less than 75% of the required area, then such remainder shall be considered as having the required area, provided the remaining portion of said lot or parcel of land has an area of less than 2,500 square feet, or an area as is otherwise provided herein. The director, without notice or hearing, may approve a reduction of lot area to 75% of the required area where the remaining parcel would have less than 2,500 square feet, but not less than 2 ,000 square feet, where topographic features, subdivision design or other conditions create an unnecessary hardship or unreasonable limitation making it obviously impractical to comply with the stated minimum. (Prior zoning ord. § 702.4)
17.40.090 Required width of depth reduced by public use.
A. If a lot or parcel of land has not less than the required width and after the creation of such lot or parcel of land a part thereof is acquired for public use in any manner including dedication, condemnation or purchase if the remainder of such lot has a width of not less than 40 feet, such remainder shall be considered as having the required width.
B. If a lot or parcel of land has not less than the required depth and after the creation of such lot or parcel of land a part thereof is acquired for public use in any manner including dedication, condemnation or purchase,
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if the remainder of such lot or parcel has not less than 75% of the required depth, then such remainder shall be considered as having the required depth.
(Prior zoning ord. § 702.5)
17.40.093 Reduction of required yards for street widening.
Where the provisions of Section 17.40.070, 17.40.080 or 17.40.090 are applied on a property adjoining any arterial street, the director may reduce the amount of yard required on a 1:1 basis, provided that the yard may not be reduced to less than 10 feet.
(Ord. 711 § 40, 1995; prior zoning ord. § 702.6)
17.40.095 Reduction of required yards to accommodate transit stops.
Where the city has deemed it necessary to locate a transit stop within a turnout which requires an additional easement or right-of-way, the director may reduce the amount of yard required on a 1:1 basis, provided that the yard may not be reduced to less than 10 feet.
(Ord. 711 § 41, 1995; prior zoning ord. § 702.7)
17.40.097 Reduction of required yards where widening of an arterial street exceeds city standards.
Where the city has deemed it necessary to widen an arterial street in excess of the city standard, the director may reduce the amount of yard required as necessary, provided that the yard may not be reduced to less than 5 feet.
(Ord. 711 § 42, 1995; prior zoning ord. § 702.8)
17.40.100 Contiguous narrow lots.
Where, prior to the territory being zoned R-1, R-2, R-A, A-1, A-2 or A-2-H, lots exist not less than 100 feet deep but less than 50 feet wide, if 2 or more such contiguous lots, or one or more such contiguous lots and one or more lots also contiguous thereto which have a depth of not less than 100 feet, have a total frontage of not less than 50 feet, such lots may be treated and considered as one parcel.
If such parcel is in the RR, SRR or R zones, 2 single-family residences may be constructed thereon and so used. If such parcel is in zone MDR, 2 single-family dwellings or 2 2-family dwellings or one single-family dwelling and one 2-family dwelling may be constructed thereon and so used. (Prior zoning ord. § 702.13)
17.40.110 Sale.
Where a portion of a lot or parcel of land is sold or transferred and as a result of such sale or transfer one or more parcels are created of such an area that the number and location of the buildings thereon no longer conform to the requirements of this article, then, in the determination of the permissible number and location of any buildings on any other parcel so created by such sale or transfer, the portion sold or transferred and the remainder shall be considered as one parcel.
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(Prior zoning ord. § 702.16)
17.40.120 Area or width diminished by public use.
Where a building or structure is lawfully located on property acquired for public use (by condemnation, purchase or otherwise) such building or structure may be relocated on the same lot or parcel of land, although such building or structure is existing as nonconforming use or although the area or width regulations of this title or both cannot be complied with. Where any part of such building or structure is acquired for public use, the remainder of such building or structure may be repaired, reconstructed or remodeled, with the same or similar kind of materials as used in the existing buildings.
(Prior zoning ord. § 702.18)
17.40.130 Reduction of lot area or width.
Except for a conveyance for public use, a person shall not divide any lot or parcel of land or any portion thereof, if as a result of such division or conveyance the area, depth or width of any lot or parcel of land is so reduced, or a lot or parcel of land is created, which lot or parcel of land has an area, depth or width less than the required minimum lot area, depth or width specified for the zone in which the property is located and except for public use no such reduction shall occur in a residential planned development or commercial planned development, without a new public hearing on the case. If the zone does not specify a minimum lot area, depth, or width then the minimum lot area shall be 5,000 square feet, the minimum lot depth shall be 100 feet, and the minimum lot width shall be 50 feet.
(Prior zoning ord. § 702.19)
17.40.140 Rescission.
Any deed of conveyance, sale or contract to sell made contrary to the provisions of this article is voidable at the sole option of the grantee, buyer or person contracting to purchase, his heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of execution of, the deed or conveyance, sale or contract to sell, but the deed of conveyance, sale or contract to sell is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor or person contracting to sell, his assignee, heir or devisee. (Prior zoning ord. § 702.20)
Article III. Flood Damage Prevention
17.40.150 Statutory authorization, findings of fact, purpose and methods.
A. Statutory Authorization. The Legislature of the state of California has in Government Code Sections 65302, 65560 and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.
B. Findings of Fact.
1. The flood hazard areas of the city are subject to periodic inundation which could result in loss of life and property, health and safety hazards, disruption of commerce and governmental services,
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extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
2. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood proofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
C. Statement of Purpose. It is the purpose of this article to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
1. To protect human life and health;
2. To minimize expenditure of public money for costly flood control projects;
3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
4. To minimize prolonged business interruptions;
5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
6. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
7. To insure that potential buyers are notified that property is in an area of special flood hazard; and
8. To insure that those who occupy the areas of special flood hazard assume responsibility for their actions.
D. Methods of Reducing Flood Losses. In order to accomplish its purpose, this article includes methods and provisions for:
1. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion flood heights or velocities;
2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers which help accommodate or channel floodwaters;
4. Controlling fill, grading, dredging, and other development which may increase flood damage; and
5. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
(Prior zoning ord. §§ 705.1—705.1.4)
17.40.160 Definitions.
Unless specifically defined below, words or phrases used in this article shall be interpreted to give them the meaning they have in common usage and to give this article its most reasonable application. "Alluvial fan" means a geomorphologic feature characterized by a cone - or fan-shaped deposit of boulders, gravel and fine sediments that have been eroded from mountain slopes, transported by flood flows and then
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deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration. "Apex" means the point of highest elevation on an alluvial fan which, on undisturbed fans, is generally the point where the major stream that formed the fan emerges from the mountain front. "Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this article or a request for a variance.
"Area of shallow flooding" means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to 3 feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
Area of Special Flood Hazard. See "Special flood hazard area." "Backfill" means the placement of fill material within a specified depression, hole or excavation pit below the surrounding adjacent ground level as a means of improving floodwater conveyance or to restore the land to the natural contours existing prior to excavation.
"Base flood" means the flood having a 1% chance of being equalled or exceeded in any given year (also called the "100 year flood").
Building. See "Structure."
"Critical feature" means an integral and readily identifiable part of a flood protection system without which the flood protection provided by the entire system would be compromised. "Curvilinear line" means the border on either a flood hazard boundary map or flood insurance rate map that delineates the special flood, mudslide (i.e., mudflow), and/or flood-related erosion hazard areas and consists of a curved or contour line that follows the topography.
"Development" means any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
"Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
"Fill" means the placement of fill material at a specified location to bring the ground surface up to a desired elevation.
"Fill material" can be natural sand, dirt, soil or rock. For the purposes of floodplain management, fill material may include concrete, cement, soil cement, brick or similar material as approved on a case -by-case basis. "Flood," "flooding" or "floodwater" means:
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1. A general and temporary condition of partial or complete inundation of normally dry land areas from:
a. The overflow of inland or tidal waters;
b. The unusual and rapid accumulation or runoff of surface waters from any source; and/or c. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection 1.b. of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas as when earth is carried by a current of water and deposited along the path of the current; and
2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection 1.a. of this definition.
"Flood elevation determination" means a determination by the administrator of the water surface elevations of the base flood; that is, the flood level that has a 1% or greater chance of occurrence in any given year. "Flood elevation study" means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. "Flood Hazard Boundary Map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
"Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of "flooding").
"Floodplain administrator" means the individual appointed to administer and enforce the floodplain management regulations.
"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage including, but not limited to, emergency preparedness plans, flood control works, and floodplain management regulations.
"Floodplain management regulations" means the zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain management regulations). "Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
"Flood protection system" means those physical structural works for which funds have been authorized, appropriated and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes.
These specialized flood modifying works are those constructed to conform wit h sound engineering standards.
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(Supp. No. 10-24, Upd 1)
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway." "Floodway encroachment lines" means the lines marking the limits of floodways on federal, state and local floodplain maps.
"Floodway fringe" means the areas of a floodplain on either side of the designated floodway where encroachment may be permitted.
"Fraud and victimization," related to Section 17.40.200, Variance procedures, means the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the variance board will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the base flood elevation are subject, during all those years to increased risk of damage from floods while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities. It does not include long-term storage or related manufacturing facilities.
"Hardship" as related to Section 17.40.200, Variance procedures, means the hardship that would result from a failure to grant the requested variance. The variance board requires that the variance be exceptional, unusual and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional.
Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as exceptional hardships. All of t hese problems can be resolved through other means without granting a variance. This is so, even if the alternative means are more expensive or complicated than building with a variance, or if they require the property owner to put the parcel to a different use than originally intended, or to build elsewhere.
"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
"Historic structure" means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
a. By an approved state program as determined by the Secretary of the Interior; or b. Directly by the Secretary of the Interior in states with approved programs. "Landfill" means a permitted location for the disposal, placement or dumping of garbage, trash, debris, junk or waste material.
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(Supp. No. 10-24, Upd 1)
"Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water to provide protection from temporary flooding.
"Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.
"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this title. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into 2 or more manufactured home lots for rent or sale.
"Map" means the Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map (FIRM) for a community issued by the Flood Insurance Administration of the Federal Emergency Management Agency. "Mean sea level" means that for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
"Minimum necessary" related to Section 17.40.200, Variances procedures, means the minimum necessary to afford relief to the applicant of a variance with minimum deviation from the requirements of this title. In the case of variances to an elevation requirement, this means the variance board need not grant permission for the applicant to build at grade, for example, or even to whatever elevation the applicant proposes, but only that level that the board believes will both provide relief and preserve the integrity of the local ordinance. "Mudslide" (i.e., mudflow) describes a condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground preceded by a period of unusually heavy or sustained rain. "New construction," for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
"Obstruction" means and includes but is not limited to any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water or its likelihood of being carried downstream. "One hundred year flood" means a flood which has a 1% annual probability of being equalled or exceeded. It is identical to the "base flood" which will be the term used throughout this title.
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(Supp. No. 10-24, Upd 1)
"Principal structure" means a structure used for the principal use of the property as distinguished from an accessory use.
"Public safety and nuisances" as related to Section 17.40.200, Variance procedures, means the granting of a variance must not result in additional threats to public safety or create nuisances. This title is intended to help protect the health, safety, well-being and property of the local citizens. This is a long-range community effort made up of a combination of approaches such as adequate drainage systems, warning and evacuation plans, and keeping new property above the flood levels. These long-term goals can only be met if exceptions to the requirements of this title are kept to a bare minimum.
"Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
Sheet Flow Area. See "Area of shallow flooding."
"Special flood hazard area (SFHA)" means an area having special flood or flood -related erosion hazards, and shown on an FHBM or FIRM as zone A, AO, A1—A30, AE, A99 or AH. "Start of construction" means and includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the constructio n of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of stre ets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
"Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
2. Any alteration of a "historic structure," provided the alteration will not preclude the structure's continued designation as a "historic structure."
"Variance" means a grant of relief from the requirements of this title which permits construction in a manner that would otherwise be prohibited by this title.
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(Supp. No. 10-24, Upd 1)
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
(Prior zoning ord. § 705.2)
17.40.170 General provisions.
A. Lands to Which this Article Applies. This article shall apply to all areas of special flood hazards within the jurisdiction of the city.
B. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated July 6, 1981, and the Flood Insurance Rate Map (FIRM), dated January 6, 1982, and all subsequent amendments and/or revisions are adopted by reference and declared to be a part of this article. This Flood Insurance Study (FIS) and attendant mapping is the minimum area o f applicability of this article and may be supplemented by studies for other areas which allow implementation of this article and which are recommended to the city council by the floodplain administrator. The study and Flood Insurance Rate Maps (FIRMs) are on file at 44933 North Fern Avenue, Lancaster, California 93534.
C. Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the term of this article and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the city council from taking such lawful action as is necessary to prevent or remedy any violation.
D. Abrogation and Greater Restriction. The ordinance codified in this article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this ordinance and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
E. Interpretation. In the interpretation and application of this article, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
F. Warning and Disclaimer of Liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man- made or natural causes. This article does not imply that land outside the areas of special flood hazards, or uses permitted within such areas, will be free from flooding or flood damages. This article shall not create liability on the part of the city council, any officer or employee thereof, the Federal Insurance Administration of the Federal Emergency Management Agency for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.
G. Severability. This article, and the various parts thereof, are declared to be severable. Should any section of this article be declared by the courts to be unconstitutional or invalid, such decision shall not affect the
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(Supp. No. 10-24, Upd 1)
validity of the article as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.
(Prior zoning ord. §§ 705.3—705.3.7)
17.40.180 Administration.
A. Establishment of Development Permit. A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section 17.40.170B.
Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of mat erials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
1. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures. In zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures;
2. Proposed elevation in relation to mean sea level to which any structure will be flood -proof;
3. All appropriate certifications listed in subsection C of this section; and
4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
B. Designation of the Floodplain Administrator. The director of public works is appointed to administer, implement and enforce this article by granting or denying development permits in accord with its provisions.
C. Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the floodplain administrator shall include, but not be limited to:
1. Permit Review. Review all development permits to determine that the permit requirements of this article have been satisfied;
a. All other required state and federal permits have been obtained; b. The site is reasonably safe from flooding; and
c. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this article, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.
2. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 17.40.170 B, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Section 17.40.190. Any such information shall be submitted to the city council for adoption.
3. Whenever a watercourse is to be altered or relocated:
a. Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration of the Federal Emergency Management Agency; b. Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained.
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(Supp. No. 10-24, Upd 1)
4. Obtain and maintain for public inspection and make available as needed:
a. The certification required by Section 17.40.190A.3.a. (floor elevations); b. The certification required by Section 17.40.190A.3.b. (elevations in areas of shallow flooding); c. The certification required by Section 17.40.190A.3.c.3) (elevation or flood -proofing of nonresidential structures);
d. The certification required by Section 17.40.190A.3.d.1) or 2) (wet flood proofing standard); e. The certification of elevation required by Section 17.40.190C.2. (subdivision standards); and f. The certification required by Section 17.40.190F.1. (floodway encroachments).
5. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards, areas of flood-related erosion hazards or areas of mudslide (i.e., mudflow) (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation to the city council. Take action to remedy violations of this article as specified in Se ction
17.40.170C.
(Prior zoning ord. §§ 705.4—705.4.3)
17.40.190 Provisions for flood hazard reduction.
A. Standard of Construction. In all areas of special flood hazards the following standards are required:
1. Anchoring.
a. All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
b. All manufactured homes shall meet the anchoring standards of subsection D. of this section.
2. Construction Materials and Methods.
a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
c. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located to prevent water from entering or accumulating within the components during conditions of flooding.
d. Require within zones AH or AO that adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.
3. Elevation and Floodproofing.
a. New construction and substantial improvements shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in subsection A.3.c. of this section. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or
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(Supp. No. 10-24, Upd 1)
surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator. b. New construction and substantial improvement in zone AO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least 2 feet if no depth number is specified. Nonresidential structures may meet the standards in subsection A.3.c. of this section. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.
c. Nonresidential construction shall be either elevated to conform with subsection A.3.a. or b. of this section or together with attendant utility and sanitary facilities:
1) Be floodproof so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
3) Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the floodplain administrator.
d. Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
1) Either a minimum of 2 openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided, the bottom of all openings shall be no higher than one foot above grade (openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater); or
2) Be certified to comply with a local flood proofing standard approved by the Federal Insurance Administration of the Federal Emergency Management Agency. e. Manufactured homes shall also meet the standards in subsection D of this section.
B. Standards for Utilities.
1. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into flood waters.
2. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
3. Other utilities are addressed in subsections A.2. and C.4. of this section.
C. Standards for Subdivisions.
1. All preliminary subdivision proposals shall identify the flood hazards area and the elevation of the base flood.
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(Supp. No. 10-24, Upd 1)
2. All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the final first floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator.
3. All subdivision proposals shall be consistent with the need to minimize flood damage.
4. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
5. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
D. Standards for Manufactured Homes.
1. All manufactured homes that are placed or substantially improved within zones A1 —30, AH and AE on the community's Flood Insurance Rate Map on sites (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivisio n; (c) in an expansion to an existing manufactured home park or subdivision; (d) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood should be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation collapse and lateral movement.
2. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1—30, AH and AE on the community's Flood Insurance Rate Map that are not subject to the provisions of subsection D. 1. of this section will be elevated so that either:
a. The lowest floor of the manufactured home is at or above the base flood elevation; or b. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to res ist flotation, collapse and lateral movement.
E. Standards for Recreational Vehicles. All recreational vehicles placed on sites within zones A1— 30, AH and AE on the community's Flood Insurance Rate Map will either:
1. Be on the site for fewer than 180 consecutive days;
2. Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or
3. Meet the permit requirements of Section 17.40.180 and the elevation and anchoring requirements for manufactured homes in subsection D.1. of this section.
F. Floodways. Located within areas of special flood hazard established in Section 17.40.170B are areas designated as floodways. Since the floodway is an extremely hazardous area, due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:
1. Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
2. If subsection F.1. of this section is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this section.
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(Supp. No. 10-24, Upd 1)
(Prior zoning ord. §§ 705.5—705.5.6)
17.40.200 Variance procedures.
A. Nature of Variances. The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. Though these standards vary from jurisdiction to jurisdiction, in general, a properly issued variance is granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this article would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. It is the duty of the planning commission to help protect its citizens from flooding. This need is so compelling, and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood o rdinance are quite rare. Therefore, the variance guidelines provided in this article are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.
1. In passing upon such applications, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article, and:
a. The danger that materials may be swept onto other lands to the injury of others; b. The danger of life and property due to flooding or erosion damage; c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property; d. The importance of the services provided by the proposed facility to the community; e. The necessity to the facility of a waterfront location, where applicable; f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
g. The compatibility of the proposed use with existing and anticipated development; h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
i. The safety of access to the property in time of flood for ordinary and emergency vehicles; j. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and
k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water system, and streets and bridges.
2. Any applicant to whom a variance is granted shall be give written notice over the signature of a community official that:
a. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and
b. Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the floodplain board in the office of the Los Angeles County Recorder
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(Supp. No. 10-24, Upd 1)
and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
3. The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration of the Federal Emergency Management Agency.
B. Conditions for Variances.
1. Generally, variances may be issued for new construction, substantial improvement and other proposed new development to be erected on a lot of ½ acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 17.40.180 and 17.40.190 have been fully considered. As the lot size increases beyond ½ acre, the technical justification required for issuing the variance increases.
2. Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section
17.40.160) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
3. Variances shall not be issued within any designated floodway, if any increase in flood levels during the base flood discharge would result.
4. Variances shall only be issued upon a determination that the variance is the "minimum necessary" (as defined in Section 17.40.160), considering the flood hazard, to afford relief.
5. Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional "hardship" (as defined in Section 17.40.160), to the applicant; and
c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create "nuisances" (as defined in Section 17.40.160), cause "fraud or victimization" (as defined in Section 17.40.160) of the public, or conflict with existing local laws or ordinances.
6. Variances may be issued for new construction, substantial improvement and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of subsections B.1.—5. of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
7. Upon consideration of the factors of subsection A.3. of this section and the purposes of this article, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.
8. A fee may be charged for the variance process as provided for in Resolution No. 91 -174.
C. The city clerk shall certify to the passage of the ordinance codified in this article and shall cause it to be posted or published in a manner required by law.
(Prior zoning ord. §§ 705.6—705.7)
Article IV. Signs
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(Supp. No. 10-24, Upd 1)
17.40.210 Off-premises outdoor advertising signs.
A. Purposes. The purposes of this section are as follows:
1. To preserve and improve the appearance of the city as a place to live, work, trade, do business and visit; protect the city from the blighting influence of excessive off-premises outdoor advertising signage; and thereby preserve and enhance the economic base of the city, and safeguard property values within the city;
2. To restrict off-premises outdoor advertising signs so as to avoid increasing the hazards to motorists and pedestrians caused by excessive distracting signage;
3. To precisely identify areas and/or zones where the installation of additional off -premises outdoor advertising signs should be prohibited due to the importance of such areas to the environmental and economic development goals and objectives of the city;
4. To provide for the relocation of existing legal off-premises outdoor advertising signs so as to minimize the adverse effects of such signs on the city's goals and objectives, in accordance with Section 5412 of the Business and Professions Code of the State of California;
5. To remove off-premises outdoor advertising signs from the residential areas of the city, in accordance with Section 5412 of the Business and Professions Code of the State of California;
6. To promote the general welfare and temperance of children and minors, and to intend to help reduce the illegal consumption and purchase of tobacco products by children and minors by limiting their exposure to the advertising of tobacco products on certain off-premises signs;
7. To promote the general welfare and temperance of children and minors, and to intend to help reduce the illegal consumption and purchase of alcoholic beverages by children and minors by limiting their exposure to the advertising of alcoholic beverages on certain off-premises signs;
8. To promote the general welfare and temperance of children and minors, and to intend to help reduce the illegal use or purchase of adult telephone messages by children and minors by limiting their exposure to the advertising of adult telephone messages on certain off-premises signs.
B. Definitions. As used in this section, the following words shall have the following respective meanings:
1. "Outdoor advertising sign" means a sign, display or device affixed to the ground or attached to or painted or posted onto any part of a building or similar permanent structure used for the display of an advertisement to the general public when viewed from outside of a building or similar enclosed area.
2. "Commercial advertisement" means any advertisement which has, as its primary purpose, the promotion of the sale of goods or services by a commercial business or enterprise to the public generally or any significant part thereof.
3. "Noncommercial advertisement" means any advertisement other than a commercial advertisement.
4. "On-premises advertisement" means any commercial advertisement which pertains solely to goods or services, which are produced or offered for sale on the premises where the advertisement is displayed.
5. "Off-premises advertisement" means any commercial advertisement other than an on -premises advertisement.
6. "Construct," when used with reference to a sign, means to install, erect or place on the ground or on a building or structure, or to affix, paint or post on or to a building or structure.
7. "Relocate," when used with reference to a sign, means to move a sign from one location to another, or to remove a sign from one location and construct a similar sign at another location.
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8. "Maintenance" means any activity relative to repair, restoration or preservation of an existing sign, display or device intended to keep such sign, display or device in a state similar to that when originally installed or erected.
9. "Upgrade" means any activity intended to improve the design quality and aesthetic appeal of an existing sign, display or device by modifying structural elements of, or providing substantial cosmetic enhancements to, such sign, display or device, including the change of the sign from conventional copy to a digital advertising display.
10. "Tobacco product" means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipes, tobacco, snuff, chewing tobacco and dipping tobacco.
11. "Alcoholic beverage" means any beverage in liquid form that contains not less than one -half of one percent of alcohol by volume and is intended for human consumption.
12. "Adult telephone messages" means live or recorded telephone messages containing any harmful matter, as defined in Section 313 of the Penal Code of the state of California.
13. "School" includes any elementary or secondary school, public or private, attendance at which satisfies the compulsory education laws of the state of California.
14. "Public park" means any park, playground or grounds under the control, direction or management of a public entity.
15. "Private park" means any park, playground or ground under control, direction or management of a private entity.
16. "Church" means a development maintained and used exclusively for religious worship, including customary incidental education and social activities in conjunction therewith.
17. "Child care center" means a facility, other than a family day care home, in which less than 24 -hour-per- day nonmedical care and supervision is provided for children in a group setting as defined and licensed under the regulations of the state of California.
18. "Youth center" means any designated indoor public, private or parochial facility, other than a private residence or a multiple dwelling unit, which contains programs which provide, on a regular basis, activities or services for persons who have not yet reached the age of 18 years, including, but not limited to, community-based programs, after-school programs, weekend programs, violence prevention programs, leadership development programs, vocational programs, substance abuse prevention programs, individual or group counseling, case management, remedial, tutorial, or other educational assistance or enrichment, music, art, dance, and other recreational or cultural activities, physical fitness activities and sports programs.
19. "Digital advertising display" (DAD) means a display created by light -emitting diodes, liquid crystal displays, display panels, pixel or sub-pixel technology, or other similar means.
20. "Residential structure" means any building that includes a kitchen and at least one bedroom and bathroom that is being occupied and used as a dwelling unit at the time an application for relocation of a billboard is submitted to the city; and for which the city has on file a current and valid certificate of occupancy for the building as a residential occupancy classification.
C. Application to Existing Signs. Any off-premises outdoor advertising sign which was constructed in conformance with the requirements of this title as they existed at the time of such construction, but which is not in conformance with the requirements of this section, shall be deemed a legal nonconforming use which must be maintained, and may be upgraded subject to the restrictions and limitations imposed on nonconforming uses by Chapter 17.32. Such signs may be compelled to be removed through eminent domain proceedings subject to the requirements and limitations imposed by Sections 5412 through 5412.4
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of the Business and Professions Code of the state of California, the provisions of which, as they may from time to time be amended, are incorporated herein by this reference.
D. Fees. The city council may, by resolution, establish fees for any or all of the administrative processes established by this section.
E. Director's Review. Relocations of and upgrades to off-premises commercial advertising signs are subject to a director's review as set forth in this section.
F. Preclusions of New or Additional Signs. No new or additional off-premises outdoor advertising signs shall be constructed in any zone district or area of the city after the effective date of the ordinance codified in this title; provided, however, that upon a finding that the purpose(s) of this section would not be served by the application of this prohibition to a particular area within the city, the city council may by resolution designate such area(s) as exempt from the provisions of this paragraph.
G. Amortization in Residential Zones. No off-premises outdoor advertising sign shall be relocated into any residential zone. Such signs located in any residential zone as of February 6, 1985, shall be removed in accordance with the following amortization schedule:
Fair Market Value of Off-Premises
Commercial Advertising Sign
On February 6, 1985
Before Removal Years Allowed
Under $1,999.00 2
$2,000.00 to $3,999.00 3
$4,000.00 to $5,999.00 4
$6,000.00 to $7,999.00 5
$8,000.00 to $9,999.00 6
$10,000.00 and over 7
H. Other Location Restrictions. An off-premises commercial advertising sign may be relocated or upgraded provided that:
1. It is relocated no closer than 500 feet to a previously constructed off-premises commercial advertising sign located on the same or opposite side of the same street; or
2. It is relocated no closer than 200 feet to any a residential structure, school, church or similar place of worship, historical building, cemetery or similar place of interment, private park.
I. Size Restrictions. No off-premises commercial advertising sign shall be relocated or upgraded unless it complies with the following restrictions:
1. The sign shall not exceed 32 feet in height from ground level.
2. The total area of a single sign face shall not exceed 300 square feet. The total area of a double -faced sign shall not exceed 600 square feet.
3. The size and height restrictions listed in this section may be modified for a digital advertising display relocation or upgrade as provided in subsection (R). The height restrictions for a relocation or upgrade of a conventional advertising display may be modified as provided in subsection (R)2.
J. Visual and Maintenance Standards. No off-premises outdoor advertising sign shall be relocated or upgraded unless it complies with the following requirements.
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1. The message copy area of the relocated or upgraded sign may be no larger than the message copy area of the original sign or the size restrictions established in subsection (I), whichever is less, unless modified pursuant to subsection (I)3.
2. Such sign may be relocated to a new site only if the sign at the new site complies with all setback and yard requirements of the underlying land use zone.
3. Such sign may be relocated to a new site only if the sign at the new site is built with no more than one supporting post.
4. The sign structure shall be architecturally treated so as to screen the frame, support structures and lighting from public view. A combination of landscaping and other decorative materials can be used to comply with this section. The color and materials of this architectural treatment shall be in conformance with the architectural plan approved pursuant to subsection (K) and subsection (L) and shall be subject to further design review, as may be determined by the community development director.
5. Utility lines providing electrical power to a relocated sign shall be underground.
6. The sign shall be continuously maintained in an attractive, clean and safe condition.
7. Digital advertising displays shall comply with the visual standards contained in subsection (R).
K. Director's Review Procedures. Relocation of or upgrade to off-premises outdoor advertising signs is subject to a director's review that shall be conducted upon the community development department's receipt of a complete application, which shall, at a minimum, include the following:
1. Elevations. Fully dimensioned and scaled colored elevations of each view (indicating direction as north, east, south, west) of the proposed sign, including height;
2. Site Plan. A site plan on which the proposed sign is to be relocated, disclosing the location of the sign in relation to other improvements on the site as well as adjacent properties;
3. Context Aerial Map. An aerial map stating the distances between the proposed sign the nearest off - premises commercial advertising sign, residential structure, school, church or similar place of worship, historical building, cemetery or similar place of interment, and private park;
4. Visual Simulations. Visual simulations showing photographs of existing sign and photo simulations of proposed sign;
5. A description of the proposed architectural treatment of the sign structure, disclosing proposed colors and materials.
6. Such other information as the community development department deems appropriate to determine compliance with the provisions of this section.
L. Determination of Director's Review. The development services director shall review each application filed under subsection (K) and shall make a decision thereon. If the proposed sign complies with this title and all other requirements of the law, and if the colors and materials of the architectural treatment required by subsection (J) of this section are attractive and suitable for the purpose of providing the required screening, the permit shall be issued based upon application as submitted. If the proposed sign can be brought into such compliance by modifications in the proposal, the permit shall be issued subject to conditions requiring such modifications. Otherwise, the application shall be denied.
M. Appeal Procedures. An appeal may be filed in accordance with Section 17.32.820. Such appeal shall be filed with the city clerk in accordance with Section 17.36.030.
N. Relocation Agreements. An off-premises outdoor advertising sign may be relocated within or to the C, LI, or HI zones provided an agreement for such relocation between the sign owner and the city is approved by the
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development services director. The development services director may approve such relocation agreement if the sign will, upon its relocation, comply with the requirements of this section and if, the relocation will promote the purposes of this section. The relocation agreement shall contain such terms and conditions pertaining to the relocation and maintenance of the sign as are consistent with this section and mutually agreeable to the parties thereto.
O. Prohibition.
1. Tobacco Advertising Prohibited in Certain Areas of the City. No person shall place or cause to be placed any advertisement for cigarettes or other tobacco products on any off -premises outdoor advertising sign within 200 feet of a residential zone, or within 1,000 feet of the premises of any school, park, youth center, child care center or church.
2. Alcoholic Beverage Advertising Prohibited in Certain Areas of the City. No person shall place or cause to be placed any advertisement for alcoholic beverages on any off-premises outdoor advertising sign within 200 feet of a residential zone, or within 1,000 feet of the premises of any school, park, youth center, child care center or church. This prohibition shall not apply to outdoor advertising signs located on property adjacent to, and designed to be viewed primarily by, persons traveling on a freeway.
3. Advertising Adult Telephone Message Prohibited in Certain Areas of the City. No person shall place or cause to be placed any advertisement for live or recorded telephone messages containing harmful matter, as defined in Section 313 of the Penal Code, on any off-premises outdoor advertising sign within 200 feet of a residential zone, or within 1,000 feet of the premises of any school, park, youth center, child care center, or church.
P. Digital Advertising Displays (DAD). The installation of a DAD is permissible in conjunction with the upgrade or relocation of an off-premises outdoor advertising sign subject to the following requirements:
1. Modification of Sign Face Size Requirements. Generally, a DAD shall be subject to the same sign face size restrictions as contained in subsection (I). However, given the unique characteristics of DAD's, an applicant may request a modification to the maximum sign face size restrictions under the following conditions:
a. The applicant demonstrates, to the satisfaction of the Development Services director, that the larger size is necessary to provide a readable DAD in a cost-effective manner; and b. The maximum sign area for a single-face DAD is 675 square feet, or for a double-face sign is a total of 1,350 square feet (see subsection (P)1.d.); and c. The applicant agrees to remove, or has already removed and agrees to permanently surrender rights to, off-premise outdoor advertising signage with the city that is equal to or greater in square-footage than the excess amount requested beyond the limits established by subsection (I)2. Such signage shall be specifically identified in either the relocation agreement required under subsection (N) or a separate binding agreement between the city and the applicant. d. The maximum size face area listed in subsection (P)1.b. is also allowable for a static display sign face that is the opposite face of a DAD, provided that it is no larger than the DAD.
2. Modification of Height Requirements. Generally, a DAD shall be subject to the same height restrictions as contained in subsection (I). Height restrictions may be modified for a DAD upgrade immediately adjacent to the freeway if the applicant demonstrates that compliance with the 32-foot height limit would impair visibility for a portion of the sign face. Increased height shall only be permitted to the extent necessary to allow reasonable view of the sign face.
3. No DAD shall depict or simulate any motion or video (e.g. video clips, flashing, etc.)
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4. The DAD may be programmed to allow changeable messages, provided that any image shall be displayed for a minimum of 6 seconds, and transitions between slides shall not exceed one second.
5. Each DAD shall include a photometric sensor that will adjust the intensity of the sign for daytime and nighttime viewing. The nighttime intensity shall be limited to 0.3-foot candles (over ambient levels) as measured at a preset distance as established by the Lewin Report as prepared for the Outdoor Advertising Association of America (OAAA). The city may modify or further restrict the intensity of any DAD display should the lighting create a distraction to drivers or an adverse effect on nearby residenti al property.
6. The city may, as part of an upgrade or relocation that results in the installation of a DAD, require that time be available for the posting of public announcements on the DAD, subject to space availability. (Ord. 757 § 1 (Exh. A), 1999; Ord. 756 § 1 (Exh. A), 1999; Ord. 755 § 1 (Exh. A), 1999; Ord. 668 § 1, 1994; prior zoning ord. §§ 707.6—707.6.16)
(Ord. No. 950, §§ 1, 2, 8-24-2010; Ord. No. 1045, § 3, 7-10-2018)
17.40.220 Subdivision sales signs.
Temporary subdivision sales signs, entry signs and special feature signs shall be accompanied by site plan or other pertinent information and approved by the director in order to be permitted in all zones.
A. Subdivision Sales Signs.
1. One freestanding subdivision shall be pertained per street frontage.
2. Sign Area. The sign face shall not exceed 180 square feet per sign face or 360 square feet in total sign area.
3. Height Permitted. Twelve feet measured vertically from ground level at the base of the sign.
4. Location. Each sign shall be located on the subdivision and be oriented to read from the street or highway where the sign is permitted. The distance between subdivision signs shall be a minimum of 500 feet.
5. Lighting. Subdivision signs may be internally or externally lighted. Continuous or sequential flashing is not allowed.
6. Time Limit. Subdivision sales signs shall be maintained only until all the property is disposed of, or for a period of 3 years from the date of issuance of the first building permit. The approved sales sign shall be removed at the end of the 3-year period. The director may extend the permitted time beyond 3 years, if needed by the owner of the property. The owner must make the request in writing.
7. Copy. All copy shall relate exclusively to the subdivision being offered for sale.
B. Subdivision Entry and Special Feature Signs.
1. Such signs are permitted and shall be located within a subdivision to facilitate entry and movement.
2. Sign Area.
a. Subdivision Entry Signs. The sign face shall not exceed 12 square feet per sign face or 24 feet in total sign area.
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b. Special Feature Signs. The sign face shall not exceed 6 square feet per sign face or 12 feet in total sign area.
3. Height Permitted.
a. Subdivision Entry Signs. Shall not exceed a maximum height of 8 feet measured from the base of the sign.
b. Special Feature Signs. Shall not exceed 6 square feet in sign area or 12 square feet in total sign area.
4. Lighting. Signs shall be unlighted.
5. Time Limit. Shall have the same time limit as subdivision sales signs approved for the same tract and shall be removed at the end of such period.
C. Subdivision Kiosk Signs.
1. Contents of Application. An application for a subdivision kiosk sign shall be filed as a director's review, and shall contain the following information:
a. A scale drawing of the proposed sign;
b. Proposed location of the sign, including distance from adjacent streets and public sidewalks;
c. The proposed colors of the sign.
2. Development Standards. All subdivision kiosk signs shall be of a consistent design and shall comply with the following standards:
a. Height. The overall height of the sign shall not exceed 10 feet, measured from the ground level at the base of the sign.
b. Width. The overall width of the sign shall not exceed 6 feet. c. Individual Sign Panels. Individual sign panels shall not exceed one foot in width and 6 feet in length. Copy on sign panels shall be limited to the name of the subdivision and/or builder, and a directional arrow.
d. Location. Signs may be located on either public or private property, provided that the appropriate agency or property owner has given their written consent. Signs shall not obscure required line of sight visibility for motorists or pedestrians. e. There shall be no additions, tag signs, streamers, flags, banner devices, display boards, or appurtenances added to the signs as originally approved. Further, no other directional signs shall be used, including but not limited to posters or portable out door advertising signs.
f. Subdivision directional signs may advertise tracts either within the city limits or within that portion of the county of Los Angeles which is within the city's sphere of influence.
3. Approval Process.
a. Approval Authority. Application shall be reviewed and approved by the department of community development.
b. Building Permit. The applicant shall obtain all necessary construction permits from the department of public works.
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c. Separate Agreement. The city may, at its discretion, enter into an agreement with a private entity for the purpose of erecting and maintaining subdivision kiosk signs. Such agreement shall be consistent with the provisions of this section, but may also establish other requirements not specifically addressed by this section. (Ord. 849 § 1 (Exh. A § 2), 2005; prior zoning ord. § 707.15)
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Article V. Publicly Visible Art on Private Property
17.40.230 Definitions.
As used in this chapter, the following words and phrases have the meanings set forth below:
"Artist" means an individual or team of individual artists whose body of work and professional activities demonstrate serious ongoing commitment to the fine arts. History of professional art exhibitions, auction record, and reputation in the professional art community are some factors that may assist in making a determination that an artist demonstrates such commitment. An applied artist or tradesperson does not constitute an artist as defined herein and for purposes of this chapter. Members of architectura l, engineering, design or landscaping firms retained for the design and construction of a development project covered by this chapter shall not be considered artists for the purpose of meeting the requirement to provide public art.
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"Artwork" or "work of art" means a visual work of art, as distinguished from the performing arts, media art and literary or cultural arts. The works of art may either be permanent or, in some circumstances, temporary, as required by the specific project, and installed in public view. For purposes of this chapter, "artwork" does not include a business-related work, as defined herein.
"Business-related work" means a visual representation of which more than twenty (20) percent of the overall image contains lettering or logo that is related to the business or establishment at which the visual representation is located. Business-related works are subject to the applicable sign permitting and approval provisions set forth in title 17 of the Lancaster Municipal Code.
"City" means the City of Lancaster.
"Code" means the Lancaster Municipal Code.
"Manual" means the art in public places program and manual approved by the city council, and as may be revised from time to time.
"Publicly visible art" means any permanent display of a work of visual art that was specifically designed to be located on private property within the city where it would be accessible to public view. The work of art may include, without limitation, murals, mosaics, sculptures, artist-designed landscape features, streetscape features and earthworks. For purposes of this article, temporary displays of artwork on private property are subject to the procedures and guidelines set forth herein.
(Ord. No. 1057, § 3, 3-26-2019)
17.40.240 Art in public places program; manual.
A. The city council has approved the art in public places program and the associated manual. The purpose of the program is to provide publicly accessible works of art for the benefit of the city, its citizens and its visitors, and to increase citizens' appreciation of art, improve the quality of life and enhance and identify the Antelope Valley as a unique community for its residents and visitors.
B. General guidelines and criteria regarding publicly visible art, the procedure for application, review, approval, and private property owners' responsibilities concerning publicly visible art are set forth in the art in public places manual, as may be revised from time to time.
(Ord. No. 1057, § 3, 3-26-2019)
17.40.250 Public art application fee.
A private property owner who wishes to install publicly visible art in the city shall submit an application in accordance with the procedures set forth in the program and manual, and shall tender the requisite fee as established by resolution, as may be amended from time to time. (Ord. No. 1057, § 3, 3-26-2019)
17.40.260 Violation; nuisance.
The city council declares that it is an unlawful for any person to install, erect, maintain or permit the maintenance of publicly visible art in a manner that is in violation of this chapter or the art in public places program and manual. Any such publicly visible art further constitutes a public nuisance subject to abatement in accordance with the procedures set forth in chapter 8.28 of this Code. The procedures for abatement shall not be
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exclusive and shall not limit or restrict the city from pursuing any other remedies available at law, or from abating or causing abatement of public nuisances in any other manner provided by law. (Ord. No. 1057, § 3, 3-26-2019)
Article VI. Criteria and Standards for Recycling Facilities
17.40.290 In general.
The following criteria and standards set out in this article shall be applied to each type of recycling facility as appropriate whether the facility is a permitted use or use subject to director's review and approval. (Prior zoning ord. § 710.000)
17.40.300 Reverse vending machines.
Reverse vending machine(s) located completely within a commercial or industrial building need not comply with the following criteria and standards. Reverse vending machines do not require additional parking space for recycling customers. Such machines outside of a building shall comply with the following standards regardless of the zone in which it is located:
A. Shall be established in conjunction with a commercial or industrial use or community service facility which is in compliance with this title and city building and fire codes; B. Shall be located within 30 feet of the entrance to the commercial structure on a surfaced site and shall not obstruct pedestrian or vehicular circulation;
C. Shall not occupy parking spaces required by the primary use; D. Shall occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than 8 feet in height;
E. Shall be constructed and maintained with durable waterproof and rust -proof material. The color of the machine shall be compatible with the colors utilized on the site upon which it is located; F. Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative; G. Shall have a sign area of a maximum of 4 square feet per machine, exclusive of operating instructions; H. Shall be maintained in a clean, litter-free condition on a daily basis; I. Operating hours shall be at least the operating hours of the primary use; J. Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn;
K. Failure to comply with any standard shall be grounds for the director to order removal of the machines. (Prior zoning ord. § 710.010)
17.40.310 Small collection facilities.
Small collection facilities shall comply with the following standards:
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A. Shall be established in conjunction with a commercial or industrial use or community service facility which is in compliance with this title and city building and fire codes; B. Shall be no larger than 500 square feet and occupy a surfaced site; C. Shall be set back at least 10 feet from any street line and shall not obstruct pedestrian or vehicular circulation;
D. Shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with written permission of the Los Angeles County department of health services, hazardous materials control program (213-744-3223);
E. Shall use no power-driven processing equipment except for reverse vending machines; F. Shall use containers that are constructed and maintained with durable waterproof and rustproof material, the color of the containers shall be compatible with the colors utilized on the site upon which they are located, covered when site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule;
G. Shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present; H. Shall be maintained free of litter and any other undesirable materials, and mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day;
I. Shall not exceed noise levels of 60 dBA as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed 70 dBA;
J. Attended facilities located within 100 feet of a property zoned or occupied for residential use shall operate only during the hours between 9 a.m. and 7 p.m.; K. Containers for the 24 hour donation of materials shall be at least 50 feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use;
L. Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers;
M. Signs may be provided as follows:
1. Recycling facilities may have identification signs with a maximum of 20% per side or 16 square feet, whichever is larger, in addition to informational signs required under subsection L of this section; in the case of a wheeled facility, the side will be measured from the pavement to the top of the container.
2. Signs must be consistent with the character of the location.
3. Directional signs, bearing no advertising message, may be installed with the approval of the director if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way;
N. The facility shall not impair the landscaping required by this title or any permit issued pursuant thereto; O. No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of the primary use. One space will be provided for the attendant, if needed;
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P. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;
Q. Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary use unless all of the following conditions exist:
1. The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation.
2. A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility is expected to be on the site.
A reduction in available parking spaces in an established parking facility may then be allowed as follows:
For a commercial/industrial primary use:
Number of Available Maximum
Parking Spaces Reduction
0—25 0
26—35 2
36—49 3
50—99 4
100+ 5
For a community facility primary use:
A maximum 5 spaces reduction will be allowed when not in conflict with parking needs of the primary use;
R. The following shall be grounds for the director to order the removal of the small collection facility:
1. Failure to comply with any standard set forth in this section,
2. A parking study shows that existing parking capacity has become fully utilized and the parking occupied by the facility is needed for the customers or clients of the primary use. (Prior zoning ord. § 710.020)
17.40.320 Large collection facilities.
A large collection facility is larger than 500 square feet, or is on a separate property not appurtenant to a primary use, and which may have a permanent building. Large collection facilities shall comply with the following standards:
A. Facility does not abut a property zoned or planned for residential use.
B. Facility will be screened from the public right-of-way by operating in an enclosed building or:
1. Within a surfaced area enclosed by a masonry wall at least 6 feet in height with a 10 foot landscaped strip;
2. At least 150 feet from property zoned or planned for residential use;
3. Meets all applicable noise standards in this section.
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C. Setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located.
D. All exterior storage of material shall be in sturdy containers which are covered, secured and maintained in good condition, or may be baled or strapped to pallets. The color of the containers shall be compatible with the colors utilized on the site upon which they are located. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the fire and health departments. No storage, excluding truck trailers, overseas containers or other enclosed containers, will be visible above the height of the wall.
E. Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis.
F. Space will be provided on site for 6 vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where the director determines that allowing overflow traffic above 6 vehicles is compatible with surrounding businesses and public safety.
G. One parking space will be provided for each commercial vehicle operated by the recycling facility.
Parking requirements will be as provided for in the zone.
H. Noise levels shall not exceed 60 dBA as measured at the property line of residentially zoned property, or otherwise shall not exceed 70 dBA.
I. If the facility is located within 500 feet of property zoned, planned or occupied for residential use, it shall not be in operation between 7 p.m. and 7 a.m.
J. Any containers provided for after-hours donation of recyclable materials will be at least 100 feet from any property zoned or occupied for residential use, shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials.
K. Donation areas will be kept free of litter and any other undesirable material, and the containers will be clearly marked to identify the type of material that may be deposited; facility shall display a notice stating that no material shall be left outside the recycling containers.
L. Facility will be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs will meet the standards of the zone; and directional signs, bearing no advertising message, may be installed with the approval of the director, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right -of-way.
M. Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved at the discretion of the director if noise and other standards are met.
N. Failure to comply with any standard set forth in this section shall be grounds for the director to order the closure/removal of the large collection facility.
(Prior zoning ord. § 710.030)
17.40.330 Processing facilities.
Light (45,000 square feet or less) and heavy (greater than 45,000 square feet) recycling processing facilities shall comply with the following standards:
A. Facility does not abut a property zoned or planned for residential use.
B. Processors will operate in a wholly enclosed building except for incidental storage, or:
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1. Within a surfaced area enclosed on all sides by a masonry wall not less than 8 feet in height and landscaped on all street frontages;
2. Located at least 150 feet from property zoned or planned for residential use.
C. Power-driven processing shall be permitted, provided all noise level requirements are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials.
D. A light processing facility shall be no larger than 45,000 square feet and shall have no more than an average of 2 outbound truck shipments of material per day and may not shred, compact or bale ferrous metals other than food and beverage containers.
E. A processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code.
F. Setbacks and landscaping requirements shall be those provided for the zoning district in which the facility is located.
G. All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the fire and health departments. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing.
H. Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis and will be secured from unauthorized entry and removal of materials when attendants are not present.
I. Space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space will be provided for a minimum of 10 customers or the peak load, whichever is higher, except where the director determines that allowing overflow traffic is compatible with surrounding businesses and public safety.
J. One parking space will be provided for each commercial vehicle operated by the processing center.
Parking requirements will otherwise be as mandated by the zone in which the facility is located.
K. Noise levels shall not exceed 60 dBA as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed 70 dBA.
L. If the facility is located within 500 feet of property zoned or planned for residential use, it shall not be in operation between 7 p.m. and 7 a.m. The facility will be administered by on- site personnel during the hours the facility is open.
M. Any containers provided for after-hours donation of recyclable materials will be at least 100 feet from any property zoned or occupied for residential use; shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials.
N. Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. Facility shall display a notice stating that no material shall be left outside the recycling containers.
O. Sign requirements shall be those provided for the zoning district in which the facility is located. In addition, facility will be clearly marked with the name and phone number of the facility operator and the hours of operation.
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P. No dust, fumes, smoke, vibration or odor above ambient level may be detectable on neighboring properties.
Q. Failure to comply with any standard set forth in this section shall be grounds for the director to order the closure/removal of the processing facility.
(Ord. 711 § 46, 1995; prior zoning ord. § 710.040)
Article VII. Hazardous Waste Facilities
17.40.340 Purpose and intent.
The purpose of this article is to establish a uniform conditional use permit application and review process for the location, design and maintenance of hazardous waste facilities, and to ensure protection of the health, safety and welfare of the residents of city. All land use decisions made with regard to an application for a hazardous waste facility project shall be consistent with the approved Los Angeles County hazardous waste management plan.
(Prior zoning ord. § 711.010)
17.40.350 Prohibition.
A person shall not use any premises for a hazardous waste facility except as permitted in this article. All hazardous waste facilities are subject to all regulations and conditions enumerated in this article. (Prior zoning ord. § 711.020)
17.40.360 Definitions.
For the purposes of this article, the following are defined. Additional definitions contained in Health and Safety Code Sections 25100 et seq. are incorporated herein by reference. "Hazardous waste" is defined in the Health and Safety Code Section 25117. "Hazardous waste facility" or "facility" is defined in Health and Safety Code Section 25117.1. Unless expressly provided otherwise, "hazardous waste facility" includes a "specified hazardous waste facility." "Hazardous waste facility project" is defined in Health and Safety Code Section 25199.1(b). Unless expressly provided otherwise, "hazardous waste facility project" includes a "specified hazardous waste facility project." "Land use decision" means any discretionary decision of the city council or planning commission concerning a hazardous waste facility project.
"Local assessment committee" or "LAC" means a 7-member public body appointed by the city council to represent the interests of the community in the hazardous waste facility project review process. The LAC shall be established and administered in accordance with Health and Safety Code Section 25199.7. "Specified hazardous waste facility" is defined in Health and Safety Code Section 25199.1(m). "Specified hazardous waste facility project" is defined in Health and Safety Code Section 25199.1(n). (Prior zoning ord. § 711.030)
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17.40.370 Procedures.
The following procedures are established for all land use decisions relating to any hazardous waste facility project. All hazardous waste facility projects shall require a conditional use permit as set forth in Article I of Chapter 17.32. The planning commission shall act to recommend approval subject to conditions or denial of the conditional use permit to the city council. The city council shall act to approve subject to conditions or deny the conditional use permit.
A. Specified Hazardous Waste Facility Projects. In addition to the procedures set forth in Health and Safety Code Section 25199 et seq., Public Resources Code Section 21000 et seq., and Government Code Section 65920 et seq., applicants for specified hazardous waste facility projects shall comply with the following requirements.
1. Applicants shall submit to the director of community development (hereinafter referred to as the director) the application required by Section 17.40.380.
2. In addition to the application contents required pursuant to section 17.40.380, all applications shall contain a proposed public education/participation program to be employed during the land use decision making process. Such plan shall be mutually agreeable to the project proponent and the director.
3. A local assessment committee (LAC) shall be formed. In addition to its duties under Section 25199.7(d) of the California State Health and Safety Code, the LAC shall review the application and the environmental documentation, to solicit public comments o n the application and recommend conditions to be attached to the conditional use permit. The person or entity preparing the documents required by the California Environmental Quality Act (CEQA) shall not be the same person or entity which acts as a consultant to the LAC.
B. Hazardous Waste Facility Projects. In addition to the procedures set forth in Public Resources Section 21000 et seq. and Government Code Section 65920 et seq., applicants for hazardous waste facility projects (which are not specified hazardous waste facility projects) shall comply with the following requirements:
1. Applicants shall submit to the director the application required by Section 17.40.380.
2. At the request of the applicant, the director shall, within 90 days after the application has been deemed complete, issue an initial written determination on whether the project is consistent with the general plan, applicable provisions of this title, and has met the local environmental guidelines of the city for implementing CEQA. This determination will not prohibit the city council from making a different determination.
3. A public hearing upon the application shall be set before the planning commission as soon as the director has determined that the application complies with all requirements of this title and all requirements by the city of Lancaster with regard to the CEQA have been met.
4. Not later than one month prior to any public hearing, the applicant shall provide the director with 3 sets of mailing labels indicating all property owners of record (as shown on the latest county equalized assessment roll), residents, businesses, and t enants within a 2,000 foot radius of the boundary of the lot or lots on which the proposed hazardous waste facility will be located.
5. A LAC need not be formed for all proposed on-site facilities. The director shall have 30 working days to make a determination that an application is complete for filing purposes. At the discretion of the city council and upon the recommendation of the director, a LAC may be formed for a proposed on-site storage or recycling facility which does not include an incinerator, or for any on-site facility for which an environmental impact report is not required.
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(Prior zoning ord. § 711.040)
17.40.380 Contents of applications.
Every application for a hazardous waste facility project shall be filed with the director and accompanied by a deposit in the amount set forth in Section 17.40.440. The application shall include, but not be limited to, the following information:
A. Name(s), address(es) and telephone number(s) of the applicant(s); B. Evidence that the applicant is the owner of the premises involved or that the applicant has the written permission of the owner to make such application;
C. Complete project narrative, demonstrating the need for siting the proposed hazardous waste facility in the specific location identified;
D. A project analysis, plot plan, and development plan drawn to scale in sufficient detail to clearly illustrate the following:
1. Physical dimensions of the property and structures, both existing and proposed,
2. Site plan, indicating the initial project proposal and the ultimate land use layout and utilization of property,
3. Location of existing and proposed structures,
4. Setbacks and landscaping,
5. Parking and circulation,
6. Ingress and egress,
7. Drainage patterns,
8. Storage and processing areas,
9. The distance to the nearest residences, to properties designated in the general plan for residential use, to proposed or presently zoned residential areas, and to immobile populations,
10. The distance from the project property line to the nearest adjacent structures, and a description and location of such structures,
11. Topographic description of the property and surrounding area within 2,000 feet of the boundary of the lot or lots on which the proposed facility will be located,
12. Proximity of site to the 100-year floodplain boundary as established by FIRM or FEMA,
13. Distance to all ground water supplies, dry washes, and rivers and aquifers,
14. Proximity to pumping water wells or well fields, whether operational or not,
15. Existing and proposed utilities which service or will be required to service the facility; E. An analysis of visual, noise and any olfactory impacts associated with the project and recommended mitigation measures;
F. Identification of all wastewater, treated and untreated, generated by the proposed facility, and the method and place of final discharge;
G. An analysis of all anticipated air quality impacts associated with the project and proposed mitigation measures to ensure no degradation of air quality occurs in the area;
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H. Identification of any rare or endangered species of plant or animals within the project site and surrounding area and recommended impact mitigation measures; I. Identification of the amounts (in tons), sources and types of hazardous wastes to be treated, stored or disposed of at the proposed facility, the ultimate disposition of the wastes, and anticipated life of the facility. This information shall be based on an actual survey of the industries to be served by the facility and thereby be representative of the wastes that will be processed at the facility; J. A risk assessment, including health and environmental risks, which analyzes in detail all possibilities and probabilities of accidents or spills involving hazardous materials or wastes to be used or stored at the site, transportation-related accidents from the point of origin to the facility, and other probabilities requested by either the director, the planning commission or the city council. Such analyses shall specify mitigation measures to reduce the identified risks. The risk assessment shall also i dentify the most probable routes for transporting hazardous waste to the facility, and identify provisions for automatic facility shutdown and resumption of facility operations in the event of adverse meteorological conditions, fire, flood, earthquake or other geologic or natural phenomena. The risk assessment conducted shall include information required under the Los Angeles County hazardous waste management plan and the standards for the use analysis shall be based on standards generally applied on a statewide and regional basis, by the U.S. Environmental Protection Agency, State Department of Health Services, and South Coast Air Quality Management District; K. The monitoring program required by Section 17.40.400. The monitoring program shall also include any monitoring requirements imposed by other permitting agencies including but not limited to, the South Coast Air Quality Management District (SCAQMD), Lahontan Regional Water Quality Control Board and the State Department of Health Services;
L. A water consumption report for the project and proposed mitigation measures for water conservation to the city and to the local water purveyor;
M. An emergency response plan as approved by the emergency preparedness coordinator which contains, at a minimum, the following information:
1. That the proposed plan is consistent with any and all applicable county and regional emergency response plans and all city, county, state and federal regulatory requirements regarding emergency response procedures,
2. Detailed procedures to be employed at the time of emergency for each and every type of chemical substance and emergency, including contingency procedures,
3. Anticipated impacts on local fire, police and medical services,
4. Names, home and business addresses, and home and business telephone numbers of all management personnel at the facility, and a detailed description of uncontrolled release and emergency situation reporting procedures;
N. A completed city environmental assessment questionnaire; O. A land use map which depicts land uses within 2,000 feet of the boundary of the lot or lots on which the proposed facility will be located;
P. A title report completed within 60 days of the date of facility application submittal; Q. Financial statements for the applicant including proposed means for financing the development of the facility, and anticipated costs and revenues associated with operation of the facility; R. Detailed information regarding how the applicant will meet state pollution liability insurance and state requirements for funding closure and post closure;
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S. Vicinity map which indicates, at a minimum, proximity of the facility to schools, parks, residences, hospitals, and other immobile populations, community facilities, and to properties designated by the general plan for residential use;
T. A seismic and geological evaluation of the site must be conducted by a certified geologist/ seismologist which shall confirm, at a minimum, the following information:
1. The proximity to earthquake fault zones,
2. Whether or not active faults or lineaments which would suggest the presence of faults are located within 2,000 feet of the proposed site,
3. A preliminary geological study of the property and surrounding area including a soils analysis location and description of known aquifers, regardless of the potability of those aquifers,
4. Information as to whether ground subsidence and liquefaction have occurred or whether they may occur at the proposed site;
U. Documentation of how the proposed facility will serve the needs of local producers of hazardous waste, including household hazardous waste.
(Prior zoning ord. § 711.050)
17.40.390 Development standards and locational criteria for hazardous waste facilities.
All hazardous waste facilities shall comply with the following standards and locational criteria:
A. Facilities shall be located in areas designated on the general plan land use map as heavy industrial, and shall only be permitted in the HI zone.
B. No facility shall be permitted within 2,000 feet of residential zoned sites, hospital sites, school sites or sites planned for immobile populations unless the applicant proves through a risk analysis that a 2,000 foot buffer zone is not required to protect public health and safety. A separation greater than 2,000 feet may be required if determined necessary by a risk assessment.
C. The site on which the facility is located shall be of adequate size and shape to accommodate yards, walls, parking, loading and storage, landscaping and other development requirements prescribed by this title. As a condition of the conditional use permit the proposed use would be required to interface appropriately with surrounding uses.
D. All setbacks shall be landscaped. The minimum setbacks shall be 20 feet for front and street side yards.
Landscape plans shall be subject to approval by the director.
E. All hazardous waste facilities shall erect a minimum 8-foot high decorative block wall that shall not exceed 15 feet in height. The wall shall be set back at least 20 feet from the property line when located on street or highway frontage. The area between the wall and the sidewalk shall be fully landscaped.
The decorative block wall shall be erected along the perimeters of the side and rear property line.
F. No facility shall be placed within 200 feet of any known active earthquake fault or lineation suggesting the presence of a fault. The facility must be designed in such a manner to ensure structural integrity should a seismic event occur of up to 8.3 on the Richter Scale. If it is demonstrated that ground subsidence and/or liquefaction has occurred or may occur on the site, the proposed facility shall be engineered and designed to ensure structural stability in such an event.
G. No facility shall be constructed in any area identified as being within a 100 year floodplain boundary established by FIRM or FEMA unless it is designed, constructed, operated and maintained to prevent inundation.
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H. No facility shall be placed within 500 feet of a dry wash or river, aqueduct, reservoir, supply well, or aquifer recharge area or within any area known or suspected on basis of a geological study to be supplying recharge to an aquifer unless design features are incorporated to avoid any potential for water contamination.
I. Facilities generating wastewater shall be located in areas with adequate sewer capacity and treatment capability to accommodate the expected wastewater discharge.
J. All facilities shall avoid locating in areas of potential rapid geologic change, or areas with high rate of subsidence and areas subject to liquefaction unless containment structures are designed, constructed and maintained in a manner acceptable to the director of public works and/or the city engineer so as to preclude failure as a result of such changes.
K. All facilities shall locate in areas posing minimal threats to the contamination of drinking water supplies contained in reservoirs and aqueducts.
L. All facilities shall be prohibited in areas of recreation, cultural or aesthetic value, as determined by the director.
M. All facilities shall locate in areas where fire departments are able to quickly respond to hazardous materials accidents and where demonstrated emergency response times are deemed acceptable by the local fire department official. In addition, hazardous materials accident response services at the facility may be required based on the type of wastes handled or the location of the facility.
N. All facilities shall be located so that distance traveled on city streets is kept to a minimum, and any routes to and from state or interstate highways to or from the facility are used primarily by trucks, and the number of nonindustrial structures (homes, hospitals, schools, etc.) along such routes is minimal.
As part of conditional use permit approval, the city may impose limitations on the use of access routes to and from the facility by vehicles containing hazardous waste. This may include specifying the number and size of vehicles used and the hours of travel.
O. All facilities shall comply with the provisions of the CEQA.
P. Any modifications of the types and quantities of hazardous wastes to be managed at the proposed facility or significant modifications to the processes employed at the facility which were not considered in the original facility approval by the city, shall be presented to the director in writing. The proposed modifications may, at the discretion of the director, result in the approval of minor modifications to the process, or require revision of the facility's conditional use permit through a public hearin g both before the planning commission and the city council, or may require a new application for the facility and a new conditional use permit.
(Prior zoning ord. § 711.060)
17.40.400 Monitoring program.
All applications for hazardous waste facility projects shall include for approval a monitoring program that complies with the following requirements:
A. For the purpose of ensuring compliance with all standards, conditions and other requirements, the city or its designated representative may enter the premises on which a hazardous waste facility permit has been granted.
B. A provision for a periodic general review by the planning commission and/or city council of the applicant's compliance with the facility's conditional use permit, with provisions for modifying the existing conditions or adding new conditions, as appropr iate.
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C. The owner or operator of a hazardous waste facility shall file a written quarterly report with the city, and to the Los Angeles County Department of Public Works. This report shall include, but not be limited to, the amount (in tons), type and disposition of all wastes processed by the facility. The report shall also include copies of all manifests showing the delivery and types of hazardous wastes and include a map showing the exact location by coordinates and elevation of the quantities and types of ma terials placed in repositories or otherwise stored or disposed of on site. The report shall also include information on hazardous waste releases to the air, water or soil, spills and injuries to facility personnel.
D. The owner or operator of a hazardous waste facility shall immediately send copies of all complaints relating to the facility and/or the operation of the facility and copies of all inspection reports made by other local, state or federal agencies to the director who shall distribute copies to the Director of Public Works.
E. The emergency response plan shall be updated annually, and all management personnel at the facility shall sign the plan acknowledging familiarity with the plan. The updated plan shall be distributed to all local emergency response agencies which includes, but is not limited to, the Los Angeles County sheriff's department, the Los Angeles County fire department, and to the emergency response staff for the city of Lancaster, the Los Angeles County health department and the Los Angeles County public works department.
F. Immediate notification to the city of any unauthorized release to the air, water or soil from any facility.
G. Payment of all monitoring costs. Such costs shall include but are not limited to preparation and administration of a CEQA mitigation monitoring program for the facility and administration of the monitoring program provided for in this section.
H. The LAC may recommend to the city council that a separate body act as a "standing committee" to serve during the period in which facility is in operation to promote ongoing communication between the owner/operator and the community, and to monitor adherence to the requirements of this article. (Prior zoning ord. § 711.070)
17.40.410 General conditions.
A. Prior to issuance of a certificate of occupancy, the applicant shall demonstrate to the satisfaction of the director that the applicant has met all of the financial responsibility requirements imposed by the state of California Department of Health Services, the city and any other state or federal agency.
B. The applicant agrees to indemnify, defend, and hold harmless the city, the director, the planning commission, and the city council, and all officers, employees and agents of the city against and from all claims, actions or liabilities relating to the land use decision or arising out of its implementation at the facility location.
C. All costs of compliance with this article shall be borne by the facility owner/operator.
D. The city may employ any and all methods permitted by law to enforce this article.
E. The owner/operator shall keep all equipment, buildings and the site in an orderly condition and in good repair and shall employ technological advances as may be required by the state of California Department of Health Services, the South Coast Air Quality Management District, the Federal Environmental Protection Agency, and any other agency required by law.
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F. The city council may impose, as necessary, conditions and standards other than those presented, in order to achieve the purposes of this article and to protect the environment and the public health, safety or general welfare.
G. All studies, including the risk assessment, shall be made by a third party agreement administered through the city of Lancaster.
(Prior zoning ord. § 711.080)
17.40.420 Duration of land use decision.
A. The duration of the land use decision will be determined at the time of conditional use permit approval but shall not exceed 10 years.
B. The conditional use permit may be renewed for an additional time period not to exceed 10 years, upon the submission of a new application in accordance with Section 17.40.380 and payment of processing and review costs as set forth in Section 17.40.440.
C. If the applicant fails to commence operation of the facility within 2 years of the date of the land use decision, the conditional use permit shall expire.
D. A comprehensive review of the facility will be required after every 5 years.
E. Failure to comply with the conditions contained in the conditional use permit, to conduct the mitigation required by CEQA or failure to comply with the provisions of this article will be considered grounds for permit review and possible revocation at the discretion of the city council. (Prior zoning ord. § 711.090)
17.40.430 Costs.
The applicant will pay all costs related to city processing and review of the facility application; the preparation, review and administration of all documentation and programs prepared pursuant to the California Environmental Quality Act (CEQA); and all activities of the local assessment committee (LAC) related to the facility application review and processing.
(Prior zoning ord. § 711.100)
17.40.440 Deposit.
An initial deposit amount to cover the costs set forth in Section 17.40.430 shall be set by resolution of the city council.
(Prior zoning ord. § 711.110)
17.40.450 Variances.
No variance shall be granted to the requirements or conditions set forth in this article. (Prior zoning ord. § 711.120)
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17.40.460 Findings.
The following findings shall be made in writing prior to the city council making a land use decision which will permit the development of a hazardous waste facility project:
A. The proposed project is consistent with the city general plan and this title.
B. The project will not be detrimental to the public health, safety or general welfare.
C. The proposed facility is or will be served by roads and all other necessary public and private service facilities and utilities of adequate capacity to serve the proposed use. The circulation features serving the proposed facility are adequate in width and location, and are improved and located in such a manner as to provide for the safe transport of hazardous wastes to the proposed facility.
D. The project has met or exceeded each requirement of this article.
E. All environmental impacts identified in any environmental document prepared as part of the process to comply with the California Environmental Quality Act and this article are insignificant, have been mitigated, or are acceptable due to a statement of overriding considerations, and the mitigation measures (if any) will be monitored under a mitigation monitoring program.
F. All the findings set forth in Article I of Chapter 17.32 have been met. Health risk and environmental risk assessments have been conducted for the proposed facility based on well -defined and credible assumptions detailing the results of a "worst-case" scenario as well as all other possible or probable accidents or spills at the proposed facility, which address both the potential threat to public health, safety and the environment posed by the proposed facility. (Prior zoning ord. § 711.130)
17.40.470 Severability.
If any section, sentence, clause or phrase of this article is, for any reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The city council declares that it would have passed the ordinance codified in this article and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, sentences, clauses or phrases may be declared invalid or unconstitutional. (Prior zoning ord. § 711.140)
Article VIII. Mobilehome Use by a Caretaker
17.40.480 Description and purpose.
The purpose of this article is to provide regulations for the location, design and use of mobilehomes for caretaker purposes.
(Prior zoning ord. § 713.110)
17.40.490 Permit and application procedures.
A. Upon the issuance of a conditional use permit and subject to all conditions imposed thereby and to the following regulations, a mobilehome may be used as a caretaker residence in the C, CBD, CPD, H, MPD, LI,
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MI, HI and BP zones, when the planning commission finds the granting of such conditional use permit will not adversely affect properties in the vicinity and will not be contrary to the public interest.
B. Application. An application for a conditional use permit for a caretaker mobilehome shall include such materials as deemed necessary by the director to enable a complete analysis and appraisal of the proposal. (Prior zoning ord. § 713.120)
17.40.500 Permitted uses.
Permitted uses shall be limited to a one-family mobilehome for use by a caretaker and his immediate family on each legal parcel for which a conditional use permit is granted. (Prior zoning ord. § 713.121)
17.40.510 Accessory uses.
Accessory uses are limited to awnings, cabanas, ramadas, storage sheds or cabinets, fences or windbreaks, carports and porches.
(Prior zoning ord. § 713.122)
17.40.520 Use and development standards.
A. Density.
1. A caretaker mobilehome and any accessory structures shall be included in calculating lot coverage by buildings in all commercial and manufacturing zones.
B. Location.
1. The placement of the mobilehome shall be at a location where the erection of residential structures is otherwise permitted by this title.
C. Time Limitation.
1. Any caretaker mobilehome shall be removed from the site prior to the end of 5 years from the date of the conditional use permit approval unless a lesser time period is specified by the commission.
D. Automobile Parking. A garage is not required for a caretaker's mobilehome.
E. Other Regulations.
1. Approval of a conditional use permit for a mobilehome for use by a caretaker shall not relieve the applicant and his successors in interest from complying with all other applicable statutes, ordinances, rules and regulations.
(Prior zoning ord. § 713.150)
17.40.530 Review for compliance.
Within one year subsequent to the granting of a conditional use permit for a mobilehome caretaker residence, and thereafter as needed, the director shall inspect such caretaker residence to insure compliance with all conditions of approval imposed by the planning commission. Failure of the applicant to comply with said conditions shall provide grounds for initiation of permit revocation procedures by the planning commission.
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(Prior zoning ord. § 713.160)
Article IX. Trailer Parks
17.40.540 Recreational trailer parks.
Every conditional use permit for a recreational trailer park in the C zone shall be subject to the following conditions. All of the following conditions shall be deemed to be conditions of every conditional use permit granted for a recreational trailer park whether or not such conditions are set forth in the conditional use permit.
The commission in granting the conditional use permit may impose additional conditions but may not change or modify any of the following conditions except as provided by Article II of Chapter 17.32.
A. Area. The recreational trailer park shall have an area of not less than 5 acres.
B. Density. The density of the recreational trailer park shall not exceed 30 lots per acre.
C. Minimum Lot Size. No recreational vehicle lot shall have an average area of less than 1,000 square feet.
D. Signs. Signs shall be in accordance with the requirements of the C zone or as specified by the planning commission.
E. Duration of Occupancy. Occupancy by any one occupant and party shall be limited to 90 consecutive days within any 6-month period.
F. Prohibitions.
1. No permanent residency shall be permitted within the recreational trailer park except for a caretaker, manager or employees responsible for maintaining and/or operating the property, as permitted by the zone and authorized by the commission as a part of the conditional use permit approval.
2. A recreational trailer park shall have no dwelling units except that of a caretaker, manager or employees responsible for maintaining and/or operating the property, as permitted by the zone and authorized by the commission as a part of the conditional use permit approval.
3. Facilities within the recreational trailer park shall be used only by the occupants of the park except where otherwise authorized by the commission as part of the conditional use permit approval.
4. Recreational vehicle lots shall not be used for any commercial activity by the occupants.
5. There shall be no principal commercial uses within the recreational trailer park except as permitted by the zone and authorized by the commission as part of the conditional use permit approval. This provision does not prohibit accessory uses where autho rized by the commission as part of said conditional use permit approval, including, but not limited to, areas for the storage of unoccupied recreational vehicles.
G. Other Regulations. Approval of a conditional use permit for a recreational trailer park shall not relieve the applicant and his successors in interest from complying with all other applicable statutes, ordinances, rules and regulations.
(Prior zoning ord. § 713.2)
Created: 2024-08-22 08:37:12 [EST]
(Supp. No. 10-24, Upd 1)
17.40.550 Travel trailer parks.
Every conditional use permit for a travel trailer park in the C zone shall be subject to the following conditions.
All of the following conditions shall be deemed to be conditions of every conditional use permit granted for a travel trailer park whether or not such conditions are set forth in the conditional use permit. The commission in granting the conditional use permit may impose additional conditions but may not change or modify any of the following conditions except as provided by Article II of Chapte r 17.32.
A. Density. The density of the travel trailer park shall not exceed 30 lots per acre.
B. Minimum Lot Size. No travel trailer lot shall have an average area of less than 1,000 square feet.
C. Location Within Mobilehome Parks. Where a travel trailer is located within a mobilehome park, it shall be a separate designated section of the mobilehome park and shall be so designated.
D. Signs. Signs shall be in accordance with the requirements of the C zone or as specified by the planning commission.
E. Duration of Occupancy. Occupancy by any one occupant and party shall be limited to 90 consecutive days in any 6-month period.
(Prior zoning ord. § 713.3)
Article X. Commercial Coaches as Temporary Offices
17.40.560 Purpose and intent.
The purpose and intent of this article shall be to establish standards for the use and placement of commercial coaches as temporary offices in the city. These provisions do not apply to temporary construction offices.
(Prior zoning ord. § 716.010)
17.40.570 Applicability.
These specific standards are applicable for commercial coaches as temporary offices in all zones where they are allowed.
(Prior zoning ord. § 716.030)
17.40.580 Standards.
When commercial coaches are used as temporary offices, they shall be reviewed by the director and shall meet the following standards:
A. Commercial coach offices shall not be moved onto the site until building, electrical and plumbing permits have been obtained.
B. The commercial coach shall have been manufactured after November 23, 1970, and have been issued an insignia of approval by the California Department of Housing and Community Development.
C. The commercial coach shall not have been altered in violation of applicable codes.
Created: 2024-08-22 08:37:12 [EST]
(Supp. No. 10-24, Upd 1)
D. All commercial coach offices shall be skirted or recessed into the ground.
E. All commercial coach offices shall be connected to water, approved sewerage system and other utilities. EXCEPTION: Temporary subdivision sales offices are not required to connect to a water and sewerage system, however, such offices shall be provided with temporary sanitary facilities. The offices and any temporary sanitary facilities shall be removed upon completion of the model home(s) which are used as a sales office for the project or after a period of one year whichever occurs first unless such office is connected to the water and sewerage system. Such offices shall not be eligible for any extensions as provided under subsection K of this section.
F. The commercial coach office shall be placed to comply with any yard requirements of the zone in which it is located.
G. The required amount of improved parking spaces shall be provided.
H. A handicap access ramp shall be provided to all commercial coach offices.
I. No accessory structures shall be allowed.
J. A moving permit shall be obtained from the city if the commercial coach is moved within the city or from the county if it is moved from the county into the city.
K. A time limit of 2 years shall be placed on each commercial coach as a temporary office. One extension of up to one year may be granted by the director.
(Prior zoning ord. § 716.040)
Article XI. Wind Energy Conversion Systems
17.40.590 Purpose and intent.
In view of the rising costs of fossil fuels and thus electricity, the urgent need for alternative energy resources is a vital concern to the residents of the city. Harnessing the wind's energy is becoming an attractive energy alternative. In consideration of public health, safety and welfare, the eventual construction and siting of wind energy conversion systems, hereafter referred to as WECS, shall meet the standards established in this article. (Prior zoning ord. § 717.010)
17.40.600 Applicability.
These specific standards are applicable for all wind energy conversion systems in zones in which they are allowed, or allowed subject to the granting of a conditional use permit. (Prior zoning ord. § 717.020)
17.40.610 Standards.
The following standards shall apply to all wind energy conversion systems:
A. Automatic Overspeed Control. Any WECS shall have an automatic overspeed control which shall be designed to protect the system from sustaining structural failure, such as thrown blades and the overturning or breaking of towers due to an uncontrolled condition brought on by abnormally high winds.
Created: 2024-08-22 08:37:12 [EST]
(Supp. No. 10-24, Upd 1)
B. Manual Shutdown. The WECS shall have a manually operable method that assures WECS shutdown.
Acceptable methods include mechanical or hydraulic brakes or tail -vane deflection systems which turn the rotor out of the wind. (Shutdown is defined to mean a sa fe condition for WECS which is not its power-producing mode but either protects the WECS from unusual circumstances or protects those working on the machine.)
C. Blade Height. The minimum distance between the ground and any protruding blades utilized on a WECS shall be 15 feet for horizontal axis WECS and 10 feet for any vertical axis WECS as measured to the lowest point of blade travel/motion.
D. Tower Safety. WECS towers and supporting structures shall be designed and constructed in accordance with accepted engineering standards and applicable city building codes and shall be approved by the city engineer as to safety and suitability.
1. Tower heights of not more than 65 feet shall be allowed on parcels between one and 5 acres and tower heights of not more than 80 feet shall be allowed on parcels of 5 acres or more, provided that the application includes evidence that the proposed height does not exceed the height recommended by the manufacturer or distributor of the system.
2. Roof-Mounted WECS. Devices or towers mounted on buildings may require strengthening of the existing structure to bear the additional weight and stress created by the WECS for which a building permit shall be obtained.
3. Ground-Mounted WECS. Ground-mounted WECS shall not be permitted in required front or side yards (setbacks). WECS in rear yards shall not be counted against lot coverage.
E. Tower Access. Climbing access to the ground-mounted WECS tower shall be limited in one of the following ways:
1. By means of a fence or wall not less than 6 feet in height with locking gates enclosing the yard where the tower is located;
2. By means of a fence or wall not less than 6 feet in height with a locking gate around the base of the tower; or
3. By limiting tower climbing apparatus to no lower than 12 feet from the ground for horizontal axis WECS and 10 feet for vertical axis WECS.
F. Decibel levels for the WECS shall not exceed 60 decibels (dBA) as measured at the closest neighboring inhabited dwelling, except during short-term events such as utility outages and severe wind storms.
G. Electro-Magnetic Interference. The WECS shall not cause radio and/or television broadcasting or reception interference to the surrounding area.
H. Setbacks. If the structural design is approved by the city engineer as to the safety and stability, the WECS shall not be erected nearer to any lot line than the tower height.
I. Guy Wires. For towers which require guy wires, anchor points for guy wires shall be located within property lines and not on or across any above ground electric transmission or distribution line.
J. Electrical Safety. The electrical box or any hazardous components of the WECS within ground reach shall be securely locked.
K. Signs. At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage.
(Ord. 804 (part), 2002; Prior zoning ord. § 717.030)
Created: 2024-08-22 08:37:12 [EST]
(Supp. No. 10-24, Upd 1)
17.40.620 Required conditions.
Required conditions of approval for the permit shall include but not be limited to the following:
A. Required permits shall be obtained from building and engineering services prior to installation of the WECS.
B. Every WECS shall be insured for an amount sufficient to protect neighboring property owners in the event of mechanical or structural failures.
C. For utility interconnected WECS, Southern California Edison (SCE) shall be notified in writing of any proposed connection and SCE shall give written approval to such interconnection prior to installation.
D. Documentation shall be provided from the WECS manufacturer or a recognized testing facility indicating that the system will operate safely in Lancaster, California, atmospheric conditions. Suitable documentation attesting to the ability of the WECS to meet the standards of this section will be determined by the city engineer. Documentation considered suitable includes but is not limited to WECS and tower assembly designs bearing the stamp of a California registered civil or mechanical and electrical engineer attesting to the WECS compliance with the standards of this section.
E. Any WECS which ceases to be operable for a period of 60 days shall be removed within 6 months of the date it became inoperable.
F. Any WECS not in compliance with subsection D of this section is subject to a setback from all occupied buildings a distance at least equal to that shown in Figure 1 based on the WECS rotor diameter.
G. Notice of an application for installation of a WECS shall be provided to property owners within 300 feet of the property on which the system is to be located.
H. The system shall comply with all applicable Federal Aviation Administration requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports, and the State Aeronautics Act ((Part 1 (commencing with Section 21001) of Division 9 of the Public Utilities Code)).
I. The application shall include a line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code.
(Ord. 804 (part), 2002; Prior zoning ord. § 717.040)
Article XII. Exceptions to Height Regulations
17.40.630 In general.
Structures such as chimneys, domes, elevator shaft housing, spires, steeples, towers, and similar objects not used for human occupancy are not subject to the height limitations of this title. However, this section does not apply to signs or wind energy conversion systems.
(Prior zoning ord. § 718.000)
Title 17 - ZONING
Chapter 17.40 - GENERAL REGULATIONS
Article XIII Wireless Telecommunication Facilities
Lancaster, California, Code of Ordinances Created: 2024-08-22 08:37:13 [EST] (Supp. No. 10-24, Upd 1)
Article XIII Wireless Telecommunication Facilities6
17.40.640 Purpose and intent.
A. The purpose and intent of this article shall be to establish standards for the placement and use of wireless telecommunication facilities in all zones in which they are allowed within the City of Lancaster. These requirements provide incentives for well-designed and well placed telecommunication facilities by simplifying and shortening the review process, where warranted, while at the same time protecting the public interest. It is the City's intent, in establishing these standards, to allow for the deve lopment of wireless communication facilities where needed in accordance with the Telecommunications Act of 1996, while maintaining development standards and permitting requirements consistent with state law. (Ord. No. 1070, § 4(Exh. A), 1-14-2020)
17.40.650 Applicability.
These standards are applicable to all wireless telecommunication facilities in all zones and in the public right - of-way where they are allowed. These standards do not apply to noncommercial radio or television antennas, which shall be subject to the specific requirements for the zone in which they are located. (Ord. No. 1070, § 4(Exh. A), 1-14-2020)
17.40.660 Permit Requirements.
A. Mini, Minor, Stealth and Major wireless communication facilities shall require a Directors Review unless they exceed the allowed height for the zone in which they are located. In the event height is exceeded, a Conditional Use Permit shall be required. All wireless communication facilities shall comply with the development standards and submittal requirements identified within this Article.
B. Major wireless communication facilities in the residential zones shall require a Conditional Use Permit.
C. Wireless communication facilities on City property or within the public right -of-way shall comply with the required permitting process as indicated in Lancaster Municipal Code Sections 17.40.665 -17.40.666 (Ord. No. 1070, § 4(Exh. A), 1-14-2020)
17.40.661 Collocations.
A. Notwithstanding any other provision of this Chapter, the collocation of a new wireless communication facility on an existing major wireless communication facility that (i) was approved after January 1, 2007, by discretionary permit; (ii) was approved subject to an environmental impact report, negative declaration, or mitigated negative declaration; and (iii) otherwise complies with the requirements of Government Code
6Editor's note(s)—Ord. No. 1070, Exh. A, adopted Jan. 14, 2020, repealed the former Art. XIII, §§ 17.40.640 —
17.40.681, and enacted a new Art. XIII as set out herein. The former Art. XIII pertained to similar subject matter and derived from Ord. 753 § 1 (Exh. A § 10 (part)), adopted 1999.
Created: 2024-08-22 08:37:12 [EST]
(Supp. No. 10-24, Upd 1)
§65850.6(b) for wireless communication collocation facilities shall not be required to obtain another discretionary permit approval, but shall be required to obtain all other applicable non- discretionary permit(s), as specified by this Title and the City-adopted Building Code, provided such collocation does not increase the height or change the location of the existing wireless facility or otherwise change the bulk, size, or other physical attributes of the existing permitted wireless communication facility .
B. The proposed collocation of a new wireless communication facility on an existing minor or major wireless communication facility that meets all of the requirements stated in the above paragraph may include new appurtenant equipment boxes or shelter units that are colored and/or disguised to match the existing equipment boxes or shelter units and that do not exceed the total volume of equipment boxes utilized by the existing wireless communication collocation facility per Section 6409 (a).
C. The proposed collocation of a new wireless communication facility on an existing major wireless communication facility that meets all of the requirements stated in the above paragraphs may not include the following:
1. More additional surface area of antennas than is being utilized by the existing wireless communication collocation facility, provided all antennas are colored and/or disguised to match the existing facility.
2. Any additional tower or additional support structure than is shown in plans and specifications to be reasonably necessary to collocate the permitted antenna panels on the existing wireless communication facility. Unless otherwise approved in writing by the Director, and except as provided in this subsection, installation of all collocation accessory equipment and enclosures shall comply with the requirements of this Chapter.
D. Except as otherwise provided above, a Director's Review may be required when the proposed collocation facility:
1. Increases the height of the existing permitted tower/structure or otherwise changes the bulk, size, location, or any other physical attributes of the existing permitted wireless communication facility; or
2. Adds any microwave dish or other antenna not expressly permitted to be included in a collocation facility by this Section; or
3. Collocates on an existing legally permitted wireless communication facility; or
4. Will serve or be operated by more than one wireless services provider, unless an additional provider has properly obtained a written authorization from the Director after consideration of the factors applicable to administrative approval of collocation facilities set forth above in this Section, the size of the additional, proposed facility, and the potential visual or other impact of the proposed facility. (Ord. No. 1070, § 4(Exh. A), 1-14-2020)
17.40.662 Development Criteria.
A. Screening and Site Selection Guidelines. The following screening and site selection guidelines apply to all wireless communication facilities:
1. Stealth facilities and concealed antennas are preferred.
2. Wireless communications facilities shall be located where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening. Where insufficient screening exists, applicants shall provide screening satisfactory to the Development Services Director, or as otherwise required herein.
3. Ground-mounted wireless communications facilities shall be located only in close proximity to existing above-ground utilities, such as electrical towers or utility poles (which are not scheduled for removal or
Created: 2024-08-22 08:37:13 [EST]
(Supp. No. 10-24, Upd 1)
undergrounding for at least 18 months after the date of application), light poles, trees of comparable heights, and in areas where they will not detract from the appearance of the City.
B. Wireless communication facilities shall be located in the following order of preference:
1. Collocated with existing wireless communications facilities.
2. On existing structures such as buildings, communication towers, or utility facilities.
3. On an existing signal, power, light, or similar kinds of poles.
4. In industrial zones.
5. In commercial zones.
6. In residential zones, subject to additional restrictions set forth herein.
C. When located on any existing non-residential building or structure or on any existing utility pole provided such location complies with all of the following:
1. The collocation is in full compliance with the California Public Utilities Commission Joint Pole Association General Order 95, Rule 94, and any other applicable state or federal regulations; and
2. Existing Major Wireless Communications Facility to be utilized for collocation shall previously be granted with a Conditional Use Permit or a Director's Review approval, including modification of an existing Conditional Use Permit or Director's Review: and
3. All accessory equipment and enclosures shall be located underground or screened from public view as approved in writing by the Director; and
4. Unless shown in the submitted application documentation to not be technically and/or commercially feasible, all antennas and/or antenna panels shall be flush mounted and limited in number to that amount necessary to achieve the required coverage described in said documentation.
5. The proposed facility will replace or modify an existing facility for purposes of collocation.
6. The proposed facility will be designed and constructed in a manner to allow for future collocation of an additional wireless communication carrier provided the applicant submits written documentation that shows:
A more preferable location, as determined by reference to Section 17.40.662 (2) cannot be reasonably accommodated by the applicant due to technical requirements of the proposed facility including, but not limited to, coverage requirements imposed by the Federal Communications Commission (FCC) or otherwise by law, or due to other factors beyond the applicant's reasonable control. For the purposes of this Chapter, all distances shall be measured in a straight line without regard to intervening structures, fro m the nearest point of the proposed Major Wireless Communications Facility to the nearest property line of any residential land use, or to the nearest point of another Major Wireless Communications Facility.
D. General Development Requirements.
1. As part of the application process, each wireless communications facility applicant may, at the discretion of the Director, be required to provide written documentation demonstrating good faith efforts in locating facilities in accordance with the Site Selection Guidelines (order of preference). Such documentation shall include at minimum a coverage map (before and as proposed) and analysis of alternative sites.
2. Wireless communications facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or legally required signage. Advertising of any kind on the facility is prohibited.
Created: 2024-08-22 08:37:13 [EST]
(Supp. No. 10-24, Upd 1)
3. All accessory equipment associated with the operation of the wireless communications facility shall be located within a building, enclosure, or underground vault that complies with the development standards of the zone in which the accessory equipment is located, subject to City approval. If the equipment is permitted to be located above ground, it shall be visually compatible with the surrounding buildings and include sufficient landscaping to screen the structure from view.
4. Wireless communications facilities shall be subdued colors and non -reflective materials, which blend with surrounding materials and colors.
5. All screening for building-mounted facilities shall be compatible with the existing architecture, color, texture, and/or materials of the building.
6. Monopoles and antennas shall be no greater in diameter or other cross -sectional dimensions than is necessary for the proper functioning of the wireless communications facility. The applicant shall provide documentation satisfactory to the Director establishing compliance with this subsection.
7. Proof of Federal Communications Commission and Federal Aviation Administration approvals shall be provided prior to building permit issuance.
8. Where possible, wireless telecommunication facilities shall be integrated into the design of the existing buildings on-site.
9. Wireless telecommunication facilities, including equipment buildings and cabinetry shall be treated to match existing buildings on-site.
10. Wireless telecommunication facilities shall be painted with a non -reflective finish in a color to be determined by the approving authority which best matches the background environment color.
Primarily, colors shall be light blue where the predominant background for the structure is above the horizon and beige where the background is the mountains or desert.
11. Lighting, other than required safety lights, is prohibited.
12. Construction and operation of a wireless telecommunication facility shall meet the noise standards identified in the City of Lancaster's General Plan (Table 3-1) and adhere to the City's Noise Ordinance (Chapter 8.24 of the Lancaster Municipal Code). A detailed noise study by a qualified acoustical engineer may be required to document that the noise levels meet the required levels and to determine any necessary attenuation measures.
13. Anti-climbing devices are required.
14. Any required parking or landscaping displaced by the construction of a wireless telecommunication facility shall be replaced on-site or additional review for off-site parking shall be required. Landscape plans shall be submitted according to the most recent landscape ordinance, as necessary.
15. Wireless telecommunication facilities shall not be placed where they will cause interference with the operation of other wireless telecommunication facilities, wind energy conversion systems or solar power systems.
The Development Services Director, or their designee, or the Planning Commission, as appropriate, can require additional design criteria or other information as deemed necessary to integrate the proposed wireless telecommunication facilities with the surrounding area. (Ord. No. 1070, § 4(Exh. A), 1-14-2020)
Created: 2024-08-22 08:37:13 [EST]
(Supp. No. 10-24, Upd 1)
17.40.665 Submittal Requirements for Wireless Telecommunication Facilities within the Public Right-of-Way.
A. All wireless telecommunication facilities which are installed, erected, co -located, or modified within the City right-of-way following the effective date of the ordinance codified in this chapter shall conform to the following requirements.
B. All equipment shall be associated with a specific provider and the GPS coordinates of any nodes to be connected to must be provided. No applications will be accepted for equipment if the provider is not identified in advance and the GPS coordinates of the connecting nodes are not provided.
C. Wireless facilities applications proposed for location in the public right -of-way that conform to the requirements in Section 17.40.675 shall be submitted to the Development Services Department for processing. Any request for a deviation from the requirements shall require the Director of Development Services' review and approval.
D. Any applicant that seeks approval for five or more wireless telecommunications facilities in the public right - of-way within a 24-month period, either individually or cumulatively, shall submit a Director's Review application. Approved facilities shall require subsequent individual permitting from Building and Safety.
E. Installation of wireless telecommunications facilities within the City right -of-way will be permitted subject to issuance of a Master Telecommunications Agreement, encroachment permit, and payment of applicable permit fees. The City Engineer or his designee will review and approve encroachment permit applications from carriers which hold a Certificate of Public Convenience and Necessity (CPCN) from the California Public Utilities Commission (CPUC) subject to the criteria contained in this section. A Remo val or Relocation Security, and a certificate of general liability insurance and commercial automobile liability insurance in a form and amount acceptable to the City must be submitted prior to issuance of the permit, and maintained for as long as the facilities exist within the City right-of-way.
F. In addition to the requirements found in this chapter, every wireless telecommunication facility request within the public right-of-way must be accompanied by the following prior to review:
1. Elevations showing the height of the proposed facility, location and placement of any related equipment, and the height of other structures within a 60-foot radius from the proposed location;
2. A completed Master Telecommunications Agreement;
3. Photos of the site with a rendering of the proposed facility taken from a minimum of three directions;
4. A written description and map identifying the location of the proposed facility in relation to all existing and planned facilities within a two (2) mile radius maintained within the City by each of the applicant, operator, and owner, with an explanation of the facility's purpose to address service coverage or capacity, and graphic and/or written evidence which demonstrates the inability of existing facilities to meet the need met by the new facility.
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)
17.40.666 Development and Design Standards for Wireless Telecommunication Facilities in the Public Right-of-Way.
All wireless telecommunications facilities that are located within the public right -of-way shall be designed and maintained as to minimize visual, noise, and other impacts on the surrounding community and shall be planned, designated, located, and erected in accordance with the following:
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(Supp. No. 10-24, Upd 1)
A. Wireless telecommunication facilities in the public right-of-way shall not alter vehicular circulation or parking in the public right-of-way, nor impede vehicular or pedestrian access or visibility along any public right -of- way. No facility shall interfere with the use of City property or the public right-of-way, no any City or public utility facility located in the public right-of-way, no any reasonable expectation of future City, general public, or public utility use of the public right-of-way. Any such facility shall be moved, permanently or temporarily, at the permittee's expense, as determined by the Director of Development Services.
B. In no case shall a new facility be erected adjacent to vacant land unless there is an approved project or site plan associated with the parcel and the applicant assumes responsibility for moving the facility, permanently or temporarily, at the permittee's expense, should the facility become incompatible due to revision or cancellation of the project or plan, as determined by the Director of Development Services. If the facility is required to be to be moved, the permittee has 180 days (6 months) to move the facility from the date of notification.
C. Location. Wireless telecommunication facilities in the public right-of-way shall be developed in the following manner in order of preference:
1. Co-located on an existing City-owned light pole in any zone except residential, provided the facility conforms to the design guidelines and is located on a primary or secondary arterial street. The permittee shall enter into a facilities lease agreement with the City for the use of the pole.
2. A new light pole in any zone except residential, provided the facility conforms to the design guidelines, is located on a primary or secondary arterial street, and is proposed in a location with an approved site plan or map that is in the permitting process at the time of application.
3. A co-located facility, replacement light pole, or new light pole proposed in a residential zone shall require a Director's Review.
D. Design.
1. Wireless communication facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or required signage.
2. All antennas shall meet the minimum siting distances to habitable structures required for compliance with Federal Communications Commission (FCC) regulations and standards governing the environmental effects of radio frequency emissions.
3. No more than one (1) antenna assembly may be attached to a light pole.
4. All cabling and wiring shall be run through the interior of the pole. No exposed slack or extra cable is allowed.
5. An antenna assembly must be mounted to the top of the pole, or flush to the pole near the top.
6. A flush-mounted antenna assembly may not exceed a total volume of 3 cubic feet. A cylindrical antenna assembly shall not exceed 5 feet above the existing height of a light pole or 50% larger than the top diameter of the pole, whichever is less, unless additional separation is required for conformance with CPUC General Order 95 clearance requirements.
7. No portion of the antenna or transmission equipment mounted on a pole may be less than 16 feet above any road surface to minimize potential safety conflicts with users of said roadway.
8. All parts of the antenna assembly shall be completely shrouded with no exposed components or mounting apparatus.
9. The facility shall comply with all applicable sections of the City of Lancaster's adopted Building Code.
10. Replacement Poles. If an applicant proposes to replace a pole in order to accommodate a proposed facility, the pole shall be designed to resemble the appearance and dimensions of existing poles near
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(Supp. No. 10-24, Upd 1)
the proposed location, including size, height, color, materials, and style to the maximum extent feasible.
11. New Poles. The model of new pole shall be determined by the City and will be either a) the same model and manufacturer normally required for the location, or b) the equivalent to a Replacement Pole for the required model should that model not be able to accommodate the facility.
E. Support Equipment. To preserve community aesthetics, all facility equipment, excluding antennas, aboveground vents and the smallest possible electrical meter boxes, shall to the greatest extent possible be required to be located underground, flush to the finished grade, shall be fully enclosed, and not cross property lines. Equipment may include, but not be limited to, the following: meter pedestals, fiber optic nodes, radio remote units or heads, power filters, cables, cabinets, vaults, junction or powe r boxes, and gas generators. Wherever possible, electrical meter boxes related to wireless facilities shall be appropriately screened, not visible to the general public, and located in less prominent areas within the public right -of- way. Where it can be demonstrated that undergrounding of equipment is infeasible due to conflict with other utilities, the City Engineer may approve alternative above grade equipment mounting, including pole mounting, when adequately screened from public view. Any approved above grade equipment must be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise inconvenience public use of the right-of-way, or create safety hazards to pedestrians or motorists. (Ord. No. 1070, § 4(Exh. A), 1-14-2020)
17.40.668 Removal of Wireless Telecommunication Facilities within the Public Right-of-Way.
A. Any wireless telecommunication facility in the public right of way may at any time be required to be removed and/or relocated by the City at the owner's expense for any reason including, but not limited to, street reconstruction or widening.
B. In the event that the wireless telecommunication facility is deemed to be unsafe or unstable due to damage as a result of an act of nature (e.g., severe wind storm, etc.), vandalism, or any other such incident, the facility shall be removed immediately. If the owner of the telecommunications facility does not remove the facility immediately as requested, the City shall remove the structure and bill the owner. The owner shall have the right to rebuild the structure in the same location (Ord. No. 1070, § 4(Exh. A), 1-14-2020)
17.40.670 Submittal Requirements for Wireless Telecommunication Facilities on Private Property.
A. Prior to review, every wireless telecommunication facility request must be accompanied by the following:
1. A site plan showing the locations of existing structures, parking facilities, driveways, landscaping, conduit, fiber, and other relevant infrastructure and information on- site as well as the location of adjacent buildings and structures within a distance equal to the height of the proposed facility or 60 feet, whichever is greater, measured from the base of the support structure;
2. Detailed engineering plans for the proposed facility including GPS coordinates on a Datum, Reference and at an accuracy acceptable to the City; and depth and size of all conduit and fiber locations;
3. Elevations showing the height of the proposed facility, cabinetry or equipment buildings supporting the facility, and the height of other structures on-site;
4. Property owner's authorization for establishment of a wireless telecommunication facility. Include a copy of the lease agreement with a statement regarding liability for future removal of the structure;
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(Supp. No. 10-24, Upd 1)
5. Proof of Federal Communications Commission licensing;
6. A map or narrative of other facilities proposed or existing to support the proposed facility including identification of the carrier the connection is being made for and the GPS coordinates of the nodes being connected to.
B. Prior to review, major wireless telecommunications facilities (including stealth and co -located facilities) must be accompanied by the following:
1. Photos of the site taken from a minimum of four directions with an emphasis on the worst case scenario as seen from the most visually sensitive adjacent use or street right -of-way.
2. A rendering of the proposed facility superimposed upon a photograph of the site.
3. A siting statement describing the method used to determine the height and location of the facility.
Describe how other alternative sites would not be feasible.
4. A co-location statement, which is a written statement indicating that the applicant will accept collocation of other wireless telecommunication facilities at the proposed location in good faith and that an exclusive lease agreement will not be signed between the owner of the property and the wireless telecommunication facilities provider.
5. Proof of Public Utilities Commission license for the applicant to provide service in this area. (Ord. No. 1070, § 4(Exh. A), 1-14-2020)
17.40.675 Work Standards.
A. All work shall be done in a good and skillful manner, subject to the inspection and reasonable satisfaction of the City. All work shall comply with standards imposed by City ordinance and be conducted with the least possible hindrance or interference to the public right-of-way and City property. The telecommunications facility shall occupy the smallest space necessary and be installed in such a manner as to not unreasonably hinder the future installation of co-located facilities.
B. The operator/applicant shall be responsible for any damage to City street pavement, existing utilities, curbs, gutters, sidewalks or to any private property or improvements, including but not limited to subsidence, cracking, erosion, collapse, weakening, or loss of lateral support, to the extent caused by its installation, maintenance, repair or removal of its wireless telecommunication facility and shall repair, replace and restore in kind any such damaged facilities at its sole expense and to the reaso nable satisfaction of the City.
C. If the public right-of-way to be utilized has preexisting installation(s) placed in said right -of-way, the operator/applicant shall assume the responsibility to verify the location of the preexisting installation and notify City and any third part of the proposed installation. The reasonable cost of any work required of such third party or City to provide adequate space or required clearance to accommodate the installation shall be borne solely by the operator/applicant.
D. The operator/applicant shall be responsible for ensuring that the work of employees, contractors, subcontractors, agents, representative and permitted assigns is performed consistent with applicable laws and shall be responsible for acts or omissions of such third parties including responsibility for promptly correcting acts or omissions.
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)
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17.40.680 Performance Standards.
No wireless communication facility shall interfere with any public safety radio communications system.
Wireless communication facilities shall comply with all FCC rules and regulations regarding the avoidance, mitigation, and abatement of any such interference
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)
17.40.681 Abandonment.
A. A wireless communications facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless communication services for 180 or more days. Such removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the City.
B. A written notice of the determination of abandonment shall be sent by first class mail, or personally delivered, to the operator of the wireless communications facility at said operator's business address on file with the City. The operator shall remove all facilities within 30 days of the date of such notice unless, within 10 business days of the date of said notice, the operator appeals such determination, in writing, to the Planning Commission. The Director shall schedule a hearing on the matter to be conducted before the Planning Commission at which time the operator may present any relevant evidence on the issue of abandonment. The Planning Commission may affirm, reverse, or modify with or without conditions the original determination of abandonment and shall make written findings in support of its decision. The decision of the Planning Commission shall be final.
C. Any wireless communications facility determined to be abandoned and not removed within the 30 -day period from the date of notice, or where an appeal has been timely filed, within such time as prescribed by the Planning Commission following its final determination of abandonment, shall be in violation of this Chapter, and the operator of such facility shall be subject to the penalties prescribed herein. Facilities determined to be abandoned and not removed within the time limits prescribed herein hereby are deemed to be a nuisance and, alternative to the procedure described above, may be abated as a nuisance in any manner provided by law.
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)
17.40.682 Deployment of Temporary Facilities.
A temporary wireless communication facility may be deployed subject to approval by the Director and the following:
A. A permanent wireless communication facility has been approved for the property in question.
B. The temporary facility was approved as part of the Conditional Use Permit or other discretionary application.
C. The facility is deployed for no more than six (6) months, provided that two extensions may be granted by the Director; however, the total period shall not exceed one (1) year. (Ord. No. 1070, § 4(Exh. A), 1-14-2020)
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17.40.683 Notifications.
All notifications with respect to this ordinance shall be provided via certified, return receipt mail and addressed to the applicant, property owner identified in the lease (private property) and/or the entity identified in the Master Telecommunications Agreement (public right-of-way). (Ord. No. 1070, § 4(Exh. A), 1-14-2020)
17.40.684 Relationship to State and Federal Law.
Wireless telecommunication facilities are heavily regulated by both state and federal law. If and to the extent there is any conflict between any provision of this article and any applicable provision of federal law, the federal law shall control and the conflicting provision of this article shall have no force or effect. If and to the extent there is any conflict between any provision of this article and any applicable provision of state law, the state law shall control and the conflicting provision of this article shall have no force or effect. (Ord. No. 1070, § 4(Exh. A), 1-14-2020)
17.40.685 Severability.
If any section, sentence, clause or phrase of this article is, for any reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The city council declares that it would have passed the ordinance codified in this article and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, sentences, clauses or phrases may be declared invalid or unconstitutional.
Article XIV. Co-Located Small Wind Energy Systems
17.40.690 Co-located Small Wind Energy Systems (CSWES).
A. Purpose and Intent. It is the purpose and intent of this section to promote the safe, effective and efficient construction and use of CSWES on commercial and industrial lots within the city limits of the City of Lancaster. These regulations are intended to assure that CSWES are designed and located in a manner that minimizes visual, noise, and safety impacts on the surrounding community.
B. Applicability. These specific standards are applicable for all co-located small wind energy systems in commercial and industrial zones allowed subject to approval of a director's review in accordance with Article VI of Chapter 17.32.
C. Definitions. The following are definitions of specialized terms and phrases used in this section. Definitions of general terms and phrases are located in Chapter 17.04 Section 17.04.240 (Definitions).
1. "Co-located small wind energy system (CSWES)" shall mean a wind energy conversion system that is located on a pole with site lighting below the turbine, which has a rated capacity of 8kW or less.
2. "Temporary meteorological tower (met tower)" shall mean a temporary structure which includes the tower, base plate, anchors, guy cables and hardware, anemometers, (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at any given location.
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3. "Co-located wind energy system height" shall mean the vertical distance from ground level to the tip of the wind generator blade when it is at its highest point.
D. Restriction on Use of Electricity Generated by CSWES. A CSWES shall be used exclusively to supply electrical power for on-site consumption. Electrical power generated by the CSWES exceeding on- site consumption may be used by the utility company in exchange for a reduction in the cost of electrical power supplied by that company to the parcel for on-site use, as long as no net revenue is produced by such excess electrical power. CSWES, as allowed pursuant to this section shall not be used for commercial production or profit.
E. Property Development Regulations. A CSWES shall be subject to all applicable regulations of the commercial and industrial zones in which it is proposed, except that the following standards shall take precedence over the regulations of the commercial and industrial zones to the extent that installation of co-located small wind energy systems (CSWES) where permitted by a director's review application, shall be constructed in the following manner:
1. Minimum development/parcel size: Developments of a minimum of twenty (20) acres or more with parking lot light fixtures at a minimum of twenty-five (25) feet in height.
2. Setbacks: Co-located small wind energy systems shall meet the following setbacks:
a. A distance equal to the tower height from any abutting private properties that are not part of the development.
b. A distance equal to the tower height from any overhead utility lines, unless written permission is granted by the affected utility.
c. A distance equal to one hundred fifty (150) feet from any property that is residentially used or designated.
3. Noise: Co-located small wind energy systems shall meet the following criteria with respect to noise:
a. A site-specific noise study or the manufacturer's engineered sound studies shall be submitted for review to verify that the noise level will comply with the noise element of the general plan. b. On-site noise levels for each unit shall not exceed 70 decibels (dBA) except during short -term events, such as utility outages and severe windstorms.
c. Noise levels at the property line of the development site shall not exceed 70 decibels, if the adjacent use is a commercial or industrial use, and shall not exceed 65 decibels, if the adjacent use is residential.
4. Aesthetics: Co-located small wind energy systems shall meet the following criteria with respect to aesthetics:
a. All proposed replacement poles for a CSWES system shall be of the same design, shape and color as the remaining light poles throughout the parking lot. b. The wind turbine housing and the blades of the CSWES system shall not be brightly colored. The turbine housing should be white, sky colored, or should coordinate with the color palette approved for the project buildings, subject to the approval of the planning director. c. The physical size of the turbine shall not extend beyond thirty-six (36) inches from the center of the pole.
d. The maximum diameter of the blades shall not exceed sixteen (16) feet. e. All electrical transmission lines from the tower shall be installed underground.
5. Access:
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a. All ground mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
b. The pole shall be designed and installed so as to not provide step bolts or a ladder.
6. Lighting:
a. A co-located small wind energy system (CSWES) shall not be illuminated unless such lighting is required by the Federal Aviation Administration. A light temporarily used to inspect a turbine, tower and associated equipment is permissible, providing said light is only used for inspection purposes and not left on for an extended period of time. b. The height of the light fixture on the structure itself shall not be altered from its original height as previously permitted or as permitted by the reviewing authority when co -locating a CSWES in a parking lot.
7. Height: Co-located small wind energy systems shall meet the following criteria with respect to height:
a. The maximum CSWES height shall be sixty (60) feet at the highest point with one (1) of the blades at its highest vertical point.
b. The maximum height of the center of the turbine shall not exceed fifty -three (53) feet. c. The maximum diameter of the blades from the lowest point to the highest point shall not exceed sixteen (16) feet.
8. Temporary meteorological (met) towers shall be permitted under the same standards as those for a CSWES facility. Approval for a temporary met tower shall be valid for a maximum of thirty (30) days.
9. Signs: All signs, other than the manufacturer's or installer's identification, and appropriate warning signs, shall be prohibited.
10. Building Permit: Applicable building permits shall be required for a CSWES.
11. FAA Height Restrictions: The system shall comply with all applicable Federal Aviation Administration requirements, including but not limited to Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports. These regulations apply to any installation within 20,000 feet of an airport and exceeding specific heights based on specific FAA and airport parameters.
12. Abandoned/Inoperative CSWES: Any CSWES deemed to be abandoned or inoperative for a period of six (6) months, shall constitute a public nuisance pursuant to Chapter 8.28 of the Lancaster Municipal Code. The property owner shall abate such nuisance in accordance with Section 8.28.050, of the Lancaster Municipal Code. The city shall retain the right to abate such nuisance in accordance with the procedures and requirements of Chapter 8.28.
F. The planning director may require additional design criteria or other information as deemed necessary to integrate the proposed CSWES with the surrounding area. (Ord. No. 941, § 2, 2-9-2010)
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Chapter 17.41 ADDITIONAL RESIDENTIAL USE REGULATIONS
Article I. Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) Regulations
17.41.010 Purpose of ADU and JADU regulations.
The purpose of this article (Sections 17.41.010—17.41.020) is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2, 65852.22, and 65852.23.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
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17.41.012 Definitions applicable to ADU and JADU regulations.
As used in this section, terms are defined as follows:
A. "Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
B. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.
C. "Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated.
D. "Efficiency kitchen" means a kitchen that includes all of the following:
1. A cooking facility with appliances.
2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the junior accessory dwelling unit.
E. "High-quality transit corridor" shall have the meaning as set forth in Public Resources Code Section 21155.
F. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:
1. It is no more than 500 square feet in size.
2. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.
3. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
4. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
5. It includes an efficiency kitchen, as defined in subsection D above.
G. "Living area" means the interior habitable area of a dwelling unit, including habitable basements and attics, but does not include a garage or any accessory structure.
H. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.
I. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
J. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
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K. "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
L. "State-exemption ADUs" means ADUs and JADUs allowed by Government Code Section 65852.2(e), which are limited to:
1. An ADU that is within the space of an existing or proposed single -family dwelling or accessory structure and, if located within an accessory structure, may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing structure. The additional square footage shall be limited to accommodating ingress and egress.
2. A junior accessory dwelling unit as defined in this subsection that does not exceed 500 square feet.
3. A detached, new construction, ADU that does not exceed 800 square feet, height in compliance with Section 21.78.050.D.1, and 4-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. A JADU as described in subparagraph (2) is also allowed on the same lot.
4. Multiple ADUs within the portions of existing multi-family structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building s tandards for dwellings; not to exceed 25% of the existing multi-family dwelling units.
5. Not more than 2 ADUs that are located on a lot that has an existing multi -family dwelling, but are detached from that multi-family dwelling and are subject to a height limit of 18 feet and 4 -foot rear yard and side setbacks.
M. "Tandem parking" means that 2 or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.014 ADU and JADU approvals.
A. Building Permit. Any ADU or JADU that complies with all of the applicable development standards of this article requires only a ministerial building permit.
B. Review Timeline. The city shall approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
1. The owner of the parcel requests a delay, in which case the 60-day time period is put on hold for the period of the requested delay; or
2. When an application to create an ADU or JADU is submitted with an application to create a new single - family or multi-family dwelling on the same parcel, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multi-family dwelling, but the application to create the ADU or JADU will still be considered ministerial and acted upon without discretionary review or a hearing.
C. Denial Requirements. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding
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comments must be provided to the applicant within the 60-day time period established by subsection B above.
D. Demolition Permit. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.016 ADU and JADU development standards.
A. ADUs and JADUs on a Single-Family Lot. ADU and JADU standards for lots in a residential or mixed -use zone with a proposed or existing single-family dwelling shall comply with the following:
1. General Requirements.
a. Maximum Number. No more than one JADU and one ADU shall be allowed per legal parcel. b. Minimum Size. The minimum size of an ADU or JADU shall be at least that of an efficiency unit as defined in Section 17958.1 of the Health and Safety Code. c. JADU Requirements. JADUs shall comply with the requirements of Government Code Section 65852.22.
2. Requirements for Interior ADU (Converted Space) on a Single-Family Lot. a. Definition. An interior ADU is either:
1) Within the space of an existing or proposed single-family dwelling; or 2) Within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress. b. Access. An interior ADU shall have exterior access that is independent of that for the single -family dwelling; and
c. Setbacks. An interior ADU shall have side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
3. Requirements for Attached ADU on a Single-Family Lot. a. Definition. An attached ADU is new construction that is attached to the primary structure and is not an interior ADU as defined in subsection A.2.a.
b. Maximum Size. An attached ADU shall not exceed 850 square feet for a studio or one -bedroom unit and 1,200 square feet for a unit with 2 or more bedroom. Application of the requirements of this subsection A.3 might further limit the size of the ADU; however, no application A.3.d.1 (front-yard setbacks) or A.3.e (maximum lot coverage) may require the ADU to be less than 850 square feet.
c. Maximum Height. An attached ADU shall not exceed 25 feet in height. Notwithstanding the foregoing, ADUs shall not exceed 2 stories.
d. Minimum Setbacks.
1) Front-yard setback: 25 feet
2) Side-yard setback: 4 feet
3) Rear-yard setback: 4 feet
e. Maximum Lot Coverage.
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Zone Maximum Lot Coverage
RR-2.5, RR-1, SRR, R-15000, R-10,000 40%
R-7,000, MDR and HDR 50%
Mixed Use Zones 60%
4. Requirements for Detached ADU on a Single-Family Lot. a. Definition. A detached ADU is new construction that is detached from the primary structure and is not an interior ADU as defined in subsection A.2.a.
b. Maximum Height. A detached ADU shall not exceed 18 feet in height, and up to 2 additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. c. Minimum Setbacks.
1) Front-yard setback: 25 feet
2) Side-yard setback: 4 feet
3) Rear-yard setback: 4 feet
d. Maximum Lot Coverage.
Zone Maximum Lot Coverage
RR-2.5, RR-1, SRR, R-15000, R-10,000 40%
R-7,000, MDR and HDR 50%
Mixed Use Zones 60%
5. Interior ADU Combined with New Construction. Where an ADU is created through a combination of conversion of an existing structure (interior ADU) and new construction (either attached ADU or detached ADU), the new construction portion of the project is subj ect to the development standards applicable to new construction standards for attached ADUs in subsection A.3 or detached ADU in subsection A.4, as applicable. If the interior ADU exceeds the maximum sizes indicated in subsections A.3 and A.4, no additional square footage shall be permitted.
B. ADUs on a Multi-Family Lot. ADU standards for lots in a residential or mixed-use zone with existing or proposed multi-family dwellings shall comply with the following:
1. General Requirements.
a. Maximum Number.
1) Up to 25% of the number of units in the proposed or existing multi-family dwelling (but no less than one) shall be allowed as interior ADUs created within the space of the existing or proposed multi-family structure; and
2) No more than 2 detached ADUs per lot.
b. Minimum Size. The minimum size of an ADU shall be at least that of an efficiency unit as defined in Section 17958.1 of the Health and Safety Code.
2. Requirements for Interior ADU (Converted Space) on a Multi-family Lot. a. Definition. An interior ADU is created from space located within portions of existing or proposed multi-family dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages; and
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b. Standards. An interior ADU shall comply with state building standards for dwellings.
3. Requirements for Detached ADU on a Multi-family Lot. a. Definition. A detached ADU is new construction that is detached from the primary structure and is not an interior ADU as defined in subsection B.2.a.
b. Maximum Size. A detached ADU shall not exceed 850 square feet for a studio or one- bedroom unit and 1,200 square feet for a unit with 2 or more bedrooms. Application of the requirements of this subsection B.3 might further limit the size of the ADU; however, no application of the requirements in subsection B.3.d.1 (front-yard setbacks) or B.3.e (maximum lot coverage) may require the ADU to be less than 850 square feet.
c. Maximum Height. Eighteen feet, and up to 2 additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary structure.
d. Minimum Setbacks.
1) Front-yard setback: 25 feet
2) Side-yard setback: 4 feet
3) Rear-yard setback: 4 feet
e. Maximum Lot Coverage.
Zone Maximum Lot Coverage
RR-2.5, RR-1, SRR, R-15000, R-10,000 40%
R-7,000, MDR and HDR 50%
Mixed Use Zones 60%
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.018 ADU and JADU requirements.
The following requirements apply to all ADUs and JADUs.
A. Fire Sprinklers.
1. Fire sprinklers are required in an ADU (attached, detached or conversions) and JADU if sprinklers are required in the primary residence.
2. The construction of an ADU (attached, detached or conversions) or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
B. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.
C. No Separate Conveyance. An ADU or JADU may be rented. However, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multi-family lot).
D. Septic System. If the ADU or JADU will connect to an onsite wastewater -treatment system, the owner must include with the application a percolation test completed within the last 5 years or, if the percolation test has been recertified, within the last 10 years.
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E. Owner Occupancy. Except as specified in subsections 1 and 2, below, at least one person with legal or equitable title to the property on which an ADU or JADU is located must reside on that property as that person's legal domicile and permanent residence. The owner may reside in an ADU, JADU, or primary dwelling on the property.
1. Any ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirements unless the property has both an ADU and a JADU, in which case the owner-occupancy requirements apply.
2. The property on which a JADU is located is entirely owned by another governmental agency, land trust, or housing organization is not subject to any owner-occupancy requirement.
F. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the county recorder's office and a copy filed with the director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
1. Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.
2. The ADU or JADU is restricted to the approved size and to other attributes allowed by this chapter.
3. The deed restriction runs with the land and may be enforced against future property owners.
4. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the director, providing evidence that th e ADU or JADU has in fact been eliminated. The director may then determine whether the evidence supports the claim that the adu or jadu has been eliminated. appeal may be taken from the director's determination consistent with other provisions of this code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code.
5. The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
G. Building and Safety.
1. Building Code Compliance. Subject to subsection 2, below, all ADUs and JADUs shall comply with all local building code requirements.
2. No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or code enforcement division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (subsection 17.41.018.G) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
H. Parking.
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1. Generally. One off-street parking space is required for each ADU in addition to parking spaces required for the primary residence(s) and subject to the following:
a. Parking must be located on the same parcel as the unit, on a paved surface, without encroachment beyond the parcel boundaries, and accessible by a paved pathway. b. Parking may be provided as tandem parking, including on a paved driveway provided:
1) No parking shall be permitted in the front setback unless the driveway has a minimum depth of 20 feet.
2) Unless otherwise determined by the director to be infeasible for specific site or regional topographical or fire and life safety conditions.
2. Exceptions.
a. Parking for the ADU or JADU. Parking required pursuant to subsection H.1, above, is not required if:
1) The ADU is an interior ADU that is converted from proposed or existing space of a primary dwelling/structure or existing accessory structure; or 2) The ADU is located within one-half mile walking distance of public transit, as defined in Section 17.41.012.
3) The ADU is an ADU or JADU that meets the definition of state-exemption ADU in Section 17.41.012.
b. Replacement Parking. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU on the same parcel to be converted to an ADU, those off-street parking spaces are not required to be replaced. This provision does not apply where a JADU is established by conversion of any attached garage; in which case, the loss of parking spaces serving the single-family residence shall be replaced in kind.
3. Parking Design.
a. Dimensions. The parking for the ADU or JADU shall be provided by a 10 -foot by 20-foot space located either inside a garage or carport, or on a driveway. b. Turn Arounds. Parking spaces for ADUs and JADUs shall not block circular drives or hammerhead turn-arounds that serve the primary dwelling unit to provide means by which vehicles can enter a street head-first.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.020 ADU and JADU nonconforming zoning code conditions, building code violations, and unpermitted structures.
A. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
B. Unpermitted ADUs constructed before 2018.
1. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
a. The ADU violates applicable building standards, or
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b. The ADU does not comply with the state ADU law (Government Code Section 65852.2) or this ADU ordinance (Chapter 17.41, Article I (Sections 17.41.010—17.41.020)).
2. Exceptions:
a. Notwithstanding subsection B.1.a, above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
b. Subsection B.1.a, above, does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)
Article II. Density Bonus
17.41.030 Density bonus purpose.
The purpose of this article is to establish a program in accordance with Section 65915 et seq. of the California Government Code to provide both density increases and other incentives to encourage the creation of housing affordable to moderate-, low-, and very low-income households and units intended to serve seniors, transitional foster youth, disabled veterans, homeless persons, and lower income in the threshold amounts specified in state law.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.032 Density bonus applicability.
A. General. All proposed housing developments that qualify under California Government Code Section 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code Section 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code Section 65915, as may be amended.
B. Compliance. The applicant shall comply with all requirements stated in Government Code Sections 65915 through 65918. The requirements of Government Code Sections 65915 through 65918, and any amendments thereto, shall prevail over any conflicting provision of this code.
C. Excluded Development. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under Government Code Section 65915.
D. Interpretation. The provisions of this subdivision shall be interpreted to implement and be consistent with the requirements of Government Code Section 65915. Any changes to Government Code Section 65915 shall be deemed to supersede and govern over any conflicting provisions contained herein. If any portion of this article conflicts with State Density Bonus Law or other applicable state law, state law shall supersede this section. Any ambiguities in this article shall be interpreted to be consistent with State Density Bonus Law.
E. Replacement Housing Requirement. Pursuant to subdivision (c)(3) of Government Code Section 65915, the applicant will be ineligible for a density bonus or other incentives unless the applicant complies with the replacement housing requirements therein, including in the following circumstances:
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1. The housing development is proposed on any parcel(s) on which rental dwelling units are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income;
2. The housing development is proposed on any parcel(s) on which rental dwelling units that were subject to a recorded covenant, ordinance, or law that restricted rents to levels affordable to persons and families of lower or very low income have been vacated or demolished in the 5-year period preceding the application;
3. The housing development is proposed on any parcel(s) on which the dwelling units are occupied by lower or very low-income households; or
4. The housing development is proposed on any parcel(s) on which the dwelling units that were occupied by lower or very low-income households have been vacated or demolished in the 5 -year period preceding the application.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.034 Density increase and other incentives/concessions.
A. General. If a qualifying affordable housing project or land transfer meets the criteria of California Government Code Section 65915 et seq., the project shall be granted a density bonus, the amount of which shall be as specified in California Government Code Section 65915 et seq., and incentives or concessions also as described in California Government Code Section 65915 et seq.
B. Density Bonus Units. Except as otherwise required by Government Code Section 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.
C. Market-Rate Senior Citizen Housing Developments. Market-rate senior citizen housing developments that qualify for a density bonus shall not receive any other incentives or concessions, unless Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.036 Physical constraints and parking waivers.
A. Physical Constraints. Except as restricted by Government Code Section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction i s physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The city shall approve a waiver or reduction of a development standard, unless it finds that:
1. The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;
2. The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical
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environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;
3. The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or
4. The waiver or reduction of the development standard would be contrary to state or federal law.
B. Parking. The applicant may request, and the city shall grant, a reduction in parking requirements in accordance with Government Code Section 65915(p), as that section may be amended from time to time. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.038 Retention of density bonus units.
Consistent with the provisions of California Government Code Section 65915 et seq., prior to a density increase or other incentives being approved for a project, the City of Lancaster and the applicant shall agree in writing to an appropriate method of ensuring the continued availability of the density bonus units. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.040 Application procedure for density increase or other incentives/concessions.
A. An application for a density increase or other incentives under this article for a housing development shall be submitted in writing to the city to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this article, and in connection with the project for which the request is made, including, but not limited to, the following:
1. A brief description of the proposed housing development;
2. The total number of housing units and/or shared housing units proposed in the development project, including unit sizes and number of bedrooms. For the purposes of this section, a "shared housing unit" means one or more habitable rooms, not within anoth er dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the "minimum room area" specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of "guestroom" in Section R202 of the California Residential Code;
3. The total number of units proposed to be granted through the density increase and incentive program over and above the otherwise maximum density for the project site;
4. The total number of units to be made affordable to or reserved for sale, or rental to, very low, low- or moderate-income households, or senior citizens, or other qualifying residents;
5. The zoning, general plan designations and assessor's parcel number(s) of the project site;
6. A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway(s) and parking layout;
7. Within zones that rely on a form based code, a base density study that identifies the density feasible on the site without incentives, concessions or density bonuses;
8. The proposed method of ensuring the continued availability of the density bonus units; and
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9. A list of any concession(s) or incentive(s) being requested to facilitate the development of the project, and a description of why the concession(s) or incentive(s) is needed.
B. The application shall be considered by the planning commission and/or the city council at the same time each considers the project for which the request is being made. If the project is not to be otherwise considered by the planning commission or the city council, the request being made under this article shall be considered by the community development director or designee, separately. The request shall be approved if the applicant complies with the provisions of California Government Code Section 65915 et seq. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)
Article III. Two-Unit Projects
17.41.050 Two-unit projects purpose.
The purpose of this article (Sections 17.41.050 through 17.41.058) is to allow and appropriately regulate two - unit projects in single-family residential zones (rural residential RR-2.5, rural residential RR-1, semi-rural residential SRR, residential R-15,000, residential R-10,000, and residential R-7,000) in accordance with Government Code Section 65852.21.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.052 Definitions.
A. "Accessory dwelling unit" (ADU) shall have the same meaning as specified in Section 17.41.012.
B. "Dwelling unit" shall have the same meaning as specified in Section 17.04.240.
C. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, limited partnership, limited liability company, C corporation, S corporation) except for a community-based land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified non-profit corporation (as defined by Section 214.15).
D. "Junior accessory dwelling unit" (JADU) shall have the same meeting as specified in Section 17.41.012.
E. "Primary dwelling unit" means a single-family residence on the parcel and is the larger of the 2 if there is an existing accessory dwelling unit on the parcel.
F. "Two-unit project" means the development of 2 primary dwelling units, or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.
G. "Urban lot split" shall have the same meaning as specified in Section 16.17.020.A. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.054 Applications.
A. Only an individual property owner may apply for a two-unit project.
B. An application for a two-unit project must be submitted on the city's approved form. Only a complete application will be considered.
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C. The applicant must obtain a certificate of compliance pursuant to the subdivision map act for the lot and provide the certificate with the application for a two-unit project.
D. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application submittal.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.056 Approval.
A. An application for a two-unit project is approved or denied ministerially by the community development director without discretionary review.
B. The ministerial approval of a two-unit project does not take effect until the city has confirmed that the required documents, including but not limited to, deed restrictions and easements, have been recorded.
C. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.
D. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.058 Requirements.
A two-unit project must satisfy each of the following requirements:
A. Subdivision Map Act Compliance. The lot must have been legally subdivided.
B. Zone. The lot is in a single-family residential zone (rural residential RR-2.5, rural residential RR-1, semi- rural residential SRR, residential R-15,000, residential R-10,000, and residential R-7,000).
C. Lot Location. Two-unit project lot shall not be located on a site that is any of the following:
1. Prime farmland, farmland of statewide importance, as defined pursuant to the United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the farmland mapping and moni toring program of the department of conservation, or land that is zoned or designated for agricultural protection or preservation by a local ballot measure.
2. A wetland that would prevent development of the two-unit project lot.
3. Within a high fire hazard severity zone as determined by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or as indicated on maps adopted by the said department pursuant to Public Resources Code Sectio n 51179(b), unless the site complies with all fire hazard mitigation measures required by existing building standards or state fire mitigation measures applicable to development.
4. A hazardous waste site pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the California Department of Toxic Substances Control pursuant to Section 25356 of the State Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or State Department of Toxic Substances control has cleared the site for residential use.
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5. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
6. Within a 100-year flood hazard area as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. However, a development may be located on a lot described herein if the lot is otherwise eligible for approval und er the provisions of this code and the applicant is able to satisfy all applicable federal qualifying criteria demonstrating the site has either:
a. Been subject to a letter of map revision prepared by FEMA and issued to the city; or b. Meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 and Part 60 of Subchapter 8 of Chapter 1 of Title 44 of the Code of Federal Regulations.
7. Within a regulatory floodway as determined by FEMA in any official maps published by FEMA, unless the development has received a no-rise certification in accordance with § 60.3(d)(3) of Title 44 of the Code of Federal Regulations.
8. Encumbered with a conservation easement or identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the Federal Endangered Species Ac t, or other adopted natural resource protection plan.
9. Containing habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the Federal Endangered Species Act, the State Endangered Species Act, or the Native Plant Protection Act that would prevent development of the site.
10. Areas encumbered by a recorded easement that would prevent development of the site.
11. Containing a residential use in a zone other than those stated herein.
D. No Impact on Protected Housing.
1. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for households of moderate, low, or very low income, as defined by the state.
b. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code Sections 7060—7060.7) at any time in the 15 years prior to submission of the two-unit project.
d. Housing that has been occupied by a tenant in the last 3 years.
2. As part of the two-unit project application, the applicant and the owner of the property must provide a sworn statement by affidavit representing and warranting that this subsection
17.041.058.D is satisfied. The sworn statement must state that:
a. No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.
b. No housing that is subject to any form of rent or price control will be demolished or altered.
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c. No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.
d. No housing that has been occupied by a tenant in the last 3 years will be demolished or altered.
3. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties. The city may require additional evidence of the applicant and owner, as necessary, to determine compliance with this requirement.
E. Existing Structures. The proposed dwelling unit development shall not include the demolition of more than 25% of the existing exterior structural walls unless the site has not been occupied by a tenant in the last 3 years.
F. Unit Standards. The two-unit project shall comply with all of the following standards. Notwithstanding any provisions in this subsection, and with the exception of side and rear yard setbacks, any of the following development or design standards that physically preclude the development of 2 dwelling units from each being 800 square feet in floor area, as determined by the director of community development shall be waived.
1. Quantity.
a. No more than 2 dwelling units of any kind may be built as part of a two -unit project. b. The following development is permitted on each lot, including each of the 2 lots resulting from an urban lot split:
1) One attached duplex unit; or
2) Two primary dwelling units; or
3) A primary dwelling unit and an ADU; or
4) A primary dwelling unit and a JADU.
2. Structures. Structures shall not be located in areas encumbered by a recorded easement.
3. Unit Size.
a. The total floor area of each primary dwelling that is developed under this section must be less than or equal to 800 square feet and more than 500 square feet. b. A primary dwelling that was legally established prior to the two -unit project and that is larger than 800 square feet is limited to the maximum floor area allowed for that zone at the time of the urban lot split. It shall not be expanded. c. A primary dwelling that was legally established prior to the two -unit project and that is smaller than 800 square feet may be expanded to 800 square feet but no greater. d. Basements shall not be permitted.
e. The combined maximum floor area on the lot, inclusive of both units, shall be 1,700 square feet.
f. If the lot is fully developed with the number of units permitted under this article, then the applicant or property owner shall record a deed restriction in a form approved by the city attorney's office stipulating that no further development on the lot is permitted.
4. Height Restrictions.
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a. No new primary dwelling unit shall exceed a single story. b. No new primary dwelling unit shall exceed 22 feet in height measured from natural grade to peak of the structure.
c. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from the provisions of this article.
5. Lot Coverage. Development shall not exceed 50% lot coverage.
6. Setbacks. All setbacks must conform to those objective setbacks of the underlying zone, except for the following:
a. Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
b. Side and Rear Setbacks. Setback areas shall be a minimum 4 feet from a side or rear property line.
c. Front Setback. Notwithstanding any other part of this code, dwellings that are constructed pursuant to this article shall be at least 25 feet from the front property line. The front setback area must:
1) Be kept free from all structures higher than 3 feet; 2) Be at least 50% landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect; 3) Allow for vehicular and fire-safety access to the front dwelling unit; and 4) All portions of the dwelling units constructed pursuant to this article, including eave overhangs and other projections, shall meet the required setbacks as set forth in this section.
7. Parking. At least one off-street parking space shall be provided per dwelling unit, unless either of the following applies:
a. The lot is located within one-half mile walking distance of either a high-quality transit corridor according to subdivision (b) of Section 21155 of the Public Resources Code with fixed route bus service with service intervals of no longer than 15 minute s during peak commute hours, or a major transit stop consisting of an existing rail or bus rapid transit station, as defined in Section 21064.3 of the Public Resources Code. b. There is a car share vehicle located within one block of the lot.
8. Driveways.
a. Driveway access to all new units shall comply with city standard details and specifications for driveways and turnarounds.
b. A two-unit project shall be constructed on a lot that has access to, provides access to, or adjoins, a public right-of-way. Any urban lot split created shall ensure that each lot has access to, provides access to, or adjoins a public right-of-way.
9. Design Standards. The objective design standards in Article IV of this Chapter (Chapter 17.41) shall apply to all dwellings except accessory dwelling units. If there is a conflict between this Article and Article IV, this Article shall prevail. Accessory dwelling units are subject to Chapter
17.41, Article I.
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10. Landscaping. Evergreen landscape screening shall be planted and maintained between each detached dwelling unit and adjacent lots, but not rights -of-way, as follows:
a. At least one 15-gallon size plant or tree shall be provided for every 5 linear feet of exterior wall, or at least one 24-inch box size plant or tree shall be provided for every 10 linear feet of exterior wall, or a solid fence of at least 6 feet in height shall be installed. b. All landscaping shall be drought tolerant.
c. All landscaping shall be from the city's approved plant list.
G. Nonconforming Conditions. A two-unit project may be approved without requiring a legal nonconforming zoning condition to be corrected.
H. Utilities.
1. All dwelling units shall be connected to public water utilities and to either public sewer or an onsite wastewater treatment system.
2. Each primary dwelling unit must have its own direct utility connection to the utility service provider.
3. Each dwelling unit that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years.
4. All electric and utility services to a new dwelling unit shall be underground.
I. Building and Safety. All structures built on the lot must comply with all current city building standards.
J. Regulation of Uses.
1. Residential Only. No non-residential use shall be permitted on the lot except home occupations pursuant to Lancaster Municipal Code Section 17.08.200 (Home Occupations).
2. Short-Term Rentals. No dwelling unit on a lot shall be rented for a period of less than 30 days.
3. Owner Occupancy. The property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile. In the case of an urban lot split, the property owner shall occupy at least one of the units for a period of not less than 3 years.
K. Notice of Construction.
1. At least 30 business days before starting any construction of a two -unit project, the property owner shall provide written notice to all the owners of record of each adjacent lot that is zoned for residential use, which notice shall include the following information:
a. Statement that construction has been authorized;
b. Anticipated construction start and end dates;
c. Hours of construction;
d. Contact information for the project manager for construction related complaints; and e. Contact information for the building and safety department.
2. The notice requirement is solely for informational purposes and does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued.
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L. Deed Restriction. The owner shall record a deed restriction, acceptable to the city, on each two -unit project lot that provides each of the following:
1. Expressly prohibits any rental of any dwelling unit on the property for a period of less than 30 days.
2. Expressly prohibits any non-residential use of the lots.
3. Expressly prohibits any separate conveyance of a primary dwelling unit on the property, any separate fee interest, and any common interest development within the lot.
4. States that development on the lot is limited to the dwelling units under Section 17.41.058.F.1 except as required by state law.
M. Specific Adverse Impacts.
1. Notwithstanding anything else in this section, the city may deny an application for a two -unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a specific, adverse impact on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
2. "Specific adverse impact" has the same meaning as in Government Code Section 65589.5(d)(2):
"a significant, quantifiable direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include either (1) inconsistency with the zoning ordinance or general plan land use designation, or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).
3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.
N. Remedies. If a two-unit project violates any part of this code or any other legal requirement, the following apply:
1. The buyer, grantee, or lessee of any part of the property has an action for damages or to avoid the deed, sale, or contract.
2. The city may:
a. Bring an action to enjoin any attempt to sell, lease, or finance the property. b. Bring an action for other legal, equitable, or summary remedy, including but not limited to, declaratory and injunctive relief.
c. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000.00, or both; or a misdemeanor. d. Record a notice of violation.
e. Withhold any or all future permits and approvals.
f. Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city's code.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
Article IV. Objective Design Standards (ODS)
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17.41.070 ODS purpose.
The objective design standards (ODS) in Article IV of this chapter (Sections 17.41.070 through 17.41.088) draw from and complement existing context-based design criteria set forth in other sections of this Title 17 and the general plan. The purposes of the ODS are to:
• Provide long-term value to neighborhoods and districts through high design quality site planning and building design;
• Encourage design approaches that encourage pedestrian and non- motorized vehicle use; • Reduce barriers to housing for very low-, low-, or moderate-income households; and • Accelerate housing production through the clear communication of design objectives and efficient permitting process for qualifying residential and mixed-use development projects pursuant to Government Code Section 65589.5 and Section 65913.4.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.072 ODS applicability and procedures.
A. Applicable developments. This article establishes ODS for all residential projects and mixed -use developments consisting of residential and nonresidential uses with at least two -thirds of the square footage designated for residential use.
B. Alternative review process. Residential and mixed use developments that are subject to this article must be consistent with each of the applicable ODS included herein. However, applicants who cannot or do not wish to meet one or more of the ODS in this article can request a design modification in accordance with Section
17.41.100.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.074 Site design and pedestrian connections and amenities—All projects.
A. Purpose. These objective site design and pedestrian improvement regulations are established to help ensure that new residential and mixed use development provides connectivity, both physically and visually, that designs encourage pedestrian and non-motorized vehicle use, and help ensure separation of motor vehicle circulation from pedestrians and cyclists.
B. Internal circulation requirements for residential and mixed use projects in all zones.
1. An internal system of pedestrian walkways shall be designed that provides direct access connections to and between the following:
a. Entrances to each primary structure;
b. Off-street parking areas or parking structures; and
c. The public sidewalk system along the perimeter streets abutting the development.
2. All required pedestrian walkways shall be hard surfaced and a minimum of 4 feet wide.
3. Subdivisions of more than 40 lots and multi-dwelling development of more than 40 units shall have at least one entryway feature that identifies the development for motorists. a. At a minimum, the entry feature shall include the following elements:
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1) A landscaped area of at least 32 square feet.
2) A monument sign with the name of the subdivision or multi-dwelling development in a font legible to motorists.
b. Entryway features meeting this standard shall located at the primary entryway to the subdivision or multi-dwelling development. The primary entryway is the one that is forecast to receive the greatest average daily vehicle trips.
4. If a new cul-de-sac is planned that will serve more than 6 dwelling units, it shall be designed to provide pedestrian and bicycle through-access via a paseo or similar feature at the end of the cul-de-sac connecting to adjacent streets or publicly accessible open space. This standard does not apply to cul- de-sacs where connectivity is precluded by existing development or other features.
5. On new local residential streets and on private roadways within developments serving at least 40 dwelling units, at least 2 of the following traffic-calming measures shall be used to reduce automobile speed:
a. Corner bulb-outs.
b. Mid-block bump-outs.
c. Tree plantings.
d. Enhanced paving at crosswalks.
C. Site design requirements for residential and mixed-use projects in mixed use zones.
1. Site designs shall utilize a grid or modified-grid block pattern to maximize access and circulation efficiency.
2. Individual residential driveways shall not take access from arterial or collector streets. Vehicle access shall be via alleys or local streets. Where provided, alleys shall include enhanced paving, landscape pockets, and night-time lighting.
3. Non-residential loading and service areas shall not be located between the building and the primary street frontage.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.076 Building architecture and form—Residential single-unit and multi-unit buildings up to 4 units.
A. Purpose. These objective building architecture and form regulations are established to help ensure that new residential single-unit and multi-unit buildings up to 4 units provide long-term value to neighborhoods and districts through high design quality building design and enhanced elevations for residential structures that contribute to an attractive neighborhood streetscape.
B. Objective design standards for residential single-unit and multi-unit buildings up to 4 units in all zones.
1. Building facades shall be articulated by variation in massing, roof form, and wall planes. This standard shall be met by providing wall plane variation on front and street side facades as specified below. a. For any front or street side building facade longer than 25 feet in length, blank walls shall not exceed 25 feet. Wall plane variation of at least 2 feet in depth and 5 feet in length shall be provided for relief for every 25 feet of building facade.
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b. In lieu of a wall plane variation, pop-out elements such as bay windows and porches may be provided to achieve the same effect. Bay windows shall extend a minimum of one foot from the building facade. Porches shall extend a minimum of 5 feet from the bu ilding facade.
2. For structures containing 2 or more primary units, multiple colors, materials, textures, and applied finishes shall be used to help break up wall massing. This standard shall be met if a minimum of 2 exterior building materials, or a different application of the same material, are used on the front and street side facades. Glass for windows shall not be considered one of the 2 materials.
3. Distinctive entries, porches, balconies, and window treatments shall be used on all street -oriented building facades. This standard shall be met by providing the entryway and window features as follows:
a. The primary entrance for each dwelling unit must be within 8 feet of the longest street -facing wall of that unit and face the street. Units which are located above or behind other units are exempt from this standard.
b. Entryways shall consist of one of the following:
1) A front porch with a minimum depth of 5 feet, as measured from the building facade to the posts, and a minimum length of 8 feet; or
2) A recess or stoop measuring at least 4 feet by 4 feet which is well defined by a gabled entry, distinct change in roof line or columns, or has some other significant architectural distinction.
c. The primary entrance shall be directly accessible from an adjacent sidewalk. Where no sidewalk exists, the connection shall be to the abutting public street. On corner lots, the primary entrance can be oriented toward either street.
d. At least 15% of the area of each facade that faces a street lot line must be windows or main pedestrian entrance doors. All windows on a street-facing facade may be counted toward meeting this standard.
4. Residential buildings shall use tile roofing (concrete, ceramic, etc.). Exceptions: Other roofing material may be permitted when consistent with existing adjacent properties provided that asphalt shingles are prohibited on lots that are adjoining a public street and corrugated metal, galvanized metal, and similar sheets and panels are prohibited for use in all roof structures.
5. The length of the garage wall facing the street may be up to 50% of the length of the street -facing building facade. Roll-up garage door types are permitted. Swing-out garage doors are prohibited.
6. Builders of residential subdivisions shall ensure architectural variation by providing a minimum of the following combinations, dependent on the proposed number of residential units in the development:
Proposed number of residential units Minimum number of elevations Fewer than 20 units 3
20 to 50 units 3
50 to 100 units 4
100 units or greater 5
In no instance shall 2 homes of the same model and floor plan be built adjacent to each other or directly across the street from each other.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
Created: 2024-08-22 08:37:13 [EST]
(Supp. No. 10-24, Upd 1)
17.41.078 Building architecture and form—Residential multi-unit buildings (5 or more units) and mixed use projects.
A. Purpose. These objective building architecture and form regulations are established to help ensure that new residential multi-unit buildings (5 or more units) and mixed use projects provide long -term value to neighborhoods and districts through high design quality building design and enhanced elevations for residential structures that contribute to an attractive neighborhood streetscape.
B. Objective design standards for residential multi-unit buildings (5 or more units) and mixed use projects in all zones.
1. Building facades shall be articulated by variation in massing, roof form, and wall planes. This standard shall be met if:
a. At least 25% of the area of a street-facing facade is divided into facade planes that are off-set by at least 2 feet in depth from the rest of the facade. Facade area used to meet the facade articulation standard may be recessed behind, or project out from, the primary facade plane, but projections into street right-of-way do not count toward meeting this standard. b. All street facing facades shall include a minimum of 2 of the architectural features listed below:
1) Recessed entrance(s): 3 to 6 feet deep (relative to building facade). 2) Eaves: overhang of not less than 12 inches.
3) Offset: offset in facade or roof of at least 2 feet that extends for at least 4 feet. 4) Bay window: projects from front elevation by not less one foot; up to a maximum of 2 feet. 5) Balcony: one per dwelling unit facing the street, with a minimum depth of 3 feet. c. Building setbacks and wall alignments shall be varied along facades abutting property zoned Rural Residential and Urban Residential (RR-2.5, RR-1, SRR, R-7,000, R-10,000, or R-15,000 zones).
Wall plane variation of at least 2 feet in depth and 5 feet in length shall be provided for relief for every 50 linear feet of building facade.
d. Rooflines shall be vertically articulated at a maximum of 50-foot intervals along all street frontages through one of the following techniques:
1) A change in height of a minimum 4 feet;
2) A change in roof pitch, plane, or form; or
3) The inclusion of dormers, gables, parapets, varying cornices, and/or clerestory windows.
2. Multiple colors, materials, textures, and applied finishes shall be used to break up wall massing. This standard shall be met if a minimum of 2 exterior building materials, or a different application of the same material, are used on all facades. Glass for windows shall not be considered one of the 2 materials. Prohibited materials include vinyl and aluminum siding, T -111 plywood siding, and exterior insulation finishing system (EIFS).
3. Distinctive entries, porches, balconies, and window treatment shall be provided on street -facing facades. This standard shall be met, if:
a. Buildings adjacent to the street have at least one primary building entry oriented to the street.
Direct pedestrian access shall be provided between the public sidewalk and the primary building entries. Buildings that are not adjacent to the street shall have front entries that are oriented
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toward the common driveway or other common areas, such as paseos, forecourts, common walkways, and useable open space; and
b. Residential entries provide transitional spaces between public areas fronting the primary street and entrances. This type of element or equivalent shall be required for each unit or group of units; but no less than one of this type of element shall be provided. Building entrances shall incorporate at least one of the following transitional space entry features:
1) Stoop (at least 4 feet by 4 feet and no higher than 5 feet in height). 2) Porch (at least 6 feet by 8 feet for common entries and at least 5 feet by 8 feet for individual entries).
3) Overhang (if building has a shared lobby) with a recessed depth of at least 3 feet. c. Nonresidential entries shall incorporate at least one of the following entry features:
1) Shopfront - a frontage where the main facade of the building is at or near the right -of- way/property line, with the building entrance at the sidewalk grade. For the purposes of this standard, "near the right-of-way/property line" means within 10 feet of the required maximum setback (or build-to line) applicable to the site frontage. 2) Gallery - a frontage where the main facade of the building is aligned at or close to the right - of-way/property line and the gallery element (an attached cantilevered shed roof or colonnade) overlaps the sidewalk. Galleries shall have a consistent depth along the frontage of at least 10 feet. An encroachment permit is required for any structure in the public right-of-way.
3) Forecourt - a frontage where a portion of the main facade of the building is at or near the right-of-way/property line and a central portion is set back, creating a courtyard. For the purposes of this standard, "near the right-of-way/property line" means within 10 feet of the required maximum setback (or build-to line) applicable to the site frontage. 4) Commercial Terrace - a frontage where a terrace extends along the building's frontage providing public (non-vehicular) circulation, outdoor uses and access to the commercial pace entries.
d. At least 20% of the area of each facade that faces a street lot line must consist of windows or main entrance doors. Windows used to meet this standard must allow views from the building to the street. Glass block does not meet this standard. To count toward meeting this standard, a door must be at the main entrance and facing the street property line. e. Additional ground-floor window requirement for mixed use buildings. The following ground- floor window standards apply to the portion of a building with ground- floor commercial uses. For the purposes of this paragraph, ground-floor wall area includes exterior wall area from 2 feet to 10 feet above the finished grade. Required ground-floor windows must be windows in walls or entrances that allow views into working area or display windows (must be at least 24 inches deep set into a wall). The bottom of qualifying windows must be no more than 4 feet above the adjacent exterior grade:
1) Windows must cover at least 40% of the ground floor wall area of the portion of a building that has a ground-floor commercial use when the ground-floor wall is located closer than 5 feet from a street lot line.
2) Windows must cover at least 25% of the ground floor wall area of the portion of building that has a ground-floor commercial use when the ground floor wall is located 5 feet or more from a street lot line.
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(Supp. No. 10-24, Upd 1)
4. Mechanical equipment located on the ground, such as heating or cooling equipment, pumps, or generators, must be screened from view from the street and any abutting residential zones by walls, fences, or vegetation. Vegetative screening shall consist of an evergreen hedge maintained at least 2 feet wide hedge that will be tall enough at maturity to screen the equipment. Mechanical equipment placed on roofs must be screened in one of the following ways:
a. A parapet that is as tall as the tallest part of the equipment; b. A screen around the equipment that is as tall as the tallest part of the equipment; or c. The equipment is set back from roof edges 3 feet for each foot of height of the equipment. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.080 Transitions and screening—Residential multi-unit buildings (5 or more units) and mixed use projects.
A. Purpose. These objective regulations for transitions and screening are established to help ensure that new residential multi-unit buildings (5 or more units) and mixed use projects provide visual and privacy transitions between proposed higher-intensity developments and adjacent, less-intensive uses.
B. Objective design standards for residential multi-unit buildings (5 or more units) and mixed use projects in all zones.
1. The heights of structures at the edge of multi-unit residential and mixed-use developments shall be "stepped down" to match or complement the maximum height of buildings allowed on any abutting property zoned Rural Residential and Urban Residential (RR-2.5, RR-1, SRR, R-7,000, R-10,000, or R- 15,000). This standard shall be met by the following transition of allowed building height adjacent to the Urban Residential zone.
a. On the portion of a site within 25 feet of a lot line abutting a site zoned Urban Residential, the maximum allowed step-down height shall be 35 feet.
b. Sites with property lines that abut a site zoned Urban Residential for less than a 5 -foot length are exempt from this standard.
2. Windows on multi-unit residential and mixed-use developments shall be designed to protect privacy of adjacent residentially zoned properties. This standard applies to new windows above the first story that are within 20 feet of, and would have an uninterrupted line of sight to, one or more windows an existing interior residential space. Opaque or clerestory windows shall be used, or windows shall be located at least 5 feet above the finished floor, as measured from the bottom of the window/windowsill.
3. A masonry wall or fence (wrought iron and tubular steel) of not less than 5 nor greater than 6 feet in height shall be provided at the property line as follows:
a. Around the perimeter of a residential subdivision. This standard does not apply where the perimeter is coterminous with front lot lines or vehicle or pedestrian access points. b. Around the perimeter of a multi-dwelling (with more than 5 units) development site or mixed use development site. On multi-dwelling sites with fewer than 40 units, this standard only applies where the site abuts a lot zoned Rural Residential and Urban Residential (RR-2.5, RR-1, SRR, R- 7,000, R-10,000, or R-15,000). This standard does not apply where the perimeter is coterminous with the front lot line or vehicle or pedestrian access points. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)
Created: 2024-08-22 08:37:13 [EST]
(Supp. No. 10-24, Upd 1)
17.41.082 Open space and common areas.
A. Purpose. These objective open space and common area regulations are established to help ensure that new residential and mixed use projects provide private and common outdoor areas where residents can relax, recreate, meet neighbors, and enjoy the benefits of outdoor air, all things known to enhance quality of life.
B. Objective Design Standards for Residential and Mixed Use Projects in All Zones.
1. For multi-family residential developments with more than 20 units, including townhouse developments, centralized open space and community facilities shall be provided to serve residents of the development. This standard shall be met by providing common open space areas consistent with the following requirements:
a. At least 15% of the total gross development area shall be common open space. b. Setback areas shall not be used to satisfy common open space requirements. c. Common open spaces, such as forecourts and gardens, shall have a minimum dimension of 40 feet in any direction, building face to building face.
d. A minimum of 50% of the open space area shall be landscaped with live plant material suitable for the desert climate.
e. A minimum of 3 of the following activating features shall be incorporated into open spaces:
1) Fixed or movable seating.
2) Picnic style tables.
3) Shade trees or shaded canopy.
4) Outdoor kitchen equipment.
5) Children's play equipment.
6) Public art or interactive art, such as a life-size chess game. 7) Water feature (in conformance with sustainability standards). f. Exemption. The required common area standard does not apply to sites where:
1) All of the dwelling units have individual entrances that are within 20 feet of a street lot line; 2) Each entrance is connected to the street by a path that is at least 3 feet wide and hard surfaced; and
3) Each dwelling unit has at least 200 square feet of individual outdoor area.
2. Private open space shall be provided for all multi-family building and the residential component of a mixed-use development consistent with the following requirements:
a. 80 square feet for ground-floor units in the form of a covered or uncovered patio; and b. 40 square feet for upper-story units in the form of a terrace, balcony, or rooftop patio.
C. Additional Objective Design Standards for Mixed Use Projects in Mixed Use Zones.
1. For commercial, office and employment components of mixed-use developments, open space plaza areas accessible to the public shall be provided for activity, interaction, and rest. Such areas shall include seating with trees or other shade amenities.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
Created: 2024-08-22 08:37:13 [EST]
(Supp. No. 10-24, Upd 1)
17.41.084 Parking and access.
A. Purpose. These objective parking and access regulations are established to help ensure that new residential and mixed use projects are designed to minimize the dominant appearance of surface parking lots, parking structures, and driveways.
B. Objective Design Standards for Residential and Mixed Use Projects in All Zones.
1. Uses are subject to the objective parking and loading standards of the applicable zone, including: the minimum number of required parking spaces, accessible parking, parking space and facility dimensions, curbing, access to public right-of-way, striping, and grade. In case of a conflict, the ODS shall prevail.
2. A multi-family development following the streamlined review process pursuant to Government Code Section Government Code Section 65913.4 may be exempt or subject to reduced parking requirement in accordance with Government Code Section 65913.4(e).
3. For parking areas serving multi-unit residential projects with more than 2 units or mixed use developments, no off-street parking, off-street vehicle loading, or vehicular circulation areas shall be located between the building and the primary street frontage except in the following circumstances:
a. For developments facing arterial streets, in circumstances where the director of community development determines not possible to achieve rear parking placement due to lot size or configuration, street geometrics, easements, or other physical conditions , provided the parking is screened from street view by a combination of low masonry walls (maximum height 4 feet), landscaped berms, and/or evergreen hedges. The combination of walls, berms and/or hedges shall provide a minimum screening height of 5 feet.
b. The vehicle circulation area is limited to driveway access.
3. Where more than 50 surface parking spaces are provided on a site, parking areas shall be divided into a series of smaller, connected lots of no more than 50 spaces each through the use of landscaping and/or building placement.
4. The following landscaping standards shall apply to all surface parking lot areas with more than 10 parking spaces:
a. Surface parking lots that are visible from public streets shall meet the following landscaping, paving, and tree requirements:
i. At least 10% of the total area of any surface parking lot shall be landscaped and the landscape materials maintained in a healthy condition at all times. ii. One tree shall be provided for every 4 parking spaces. Trees shall be shade -producing trees and shall be evenly distributed throughout the parking lot so as to shade the parking area.
Trees shall be located in landscape planters. Minimum tree size at p lanting shall be 24-inch box.
b. Surface parking lots that are not visible from public and private streets and are located towards the rear and interior of the site shall meet the following landscaping and tree requirements:
i. At least 5% of the total area of any surface parking lot shall be landscaped and the landscape materials maintained in a healthy condition at all times. ii. One tree shall be provided for every 8 parking spaces. Trees shall be shade -producing trees and shall be evenly distributed throughout the parking lot so as to shade the parking area.
Trees shall be located in landscape planters. Minimum tree size at p lanting shall be 24-inch box.
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(Supp. No. 10-24, Upd 1)
c. Where a surface parking lot abuts a parking structure or is adjacent to a surface parking lot on another lot, a landscape buffer not less than 10 feet in depth shall be provided between the lots or structures. Where adjacent surface parking lots allow common parking to serve multiple businesses and pedestrian walkways provide access to all businesses served, no landscape buffer shall be required.
d. Concrete wheel stops shall be installed in parking areas to protect landscaping. Any broken or damaged wheel stops shall be replaced. Alternatively, parking may be designed to overhang landscaped areas. Parking shall overhang landscaping no more than 2 feet with a minimum planter dimension of 5 feet.
e. All landscape planters shall have a minimum width of 4 feet.
5. Permanent parking for recreation vehicles (RVs), boats, and other similar large items shall be located behind the front plane of the primary building on the site. Parking for such vehicles shall not be permitted in any multi-unit or mixed-use zone.
6. For residential single-unit or two-unit buildings, in no instance shall paved surfaces used for parking, including driveways, cover more than 50% of the front yard.
7. For mixed use developments, reciprocal access drives shall be required to connect with adjacent mixed use or commercial properties.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.086 Exterior lighting—Residential multi-unit buildings (5 or more units) and mixed use projects.
A. Purpose. These objective lighting regulations are established to help ensure that new residential multi -unit buildings (5 or more units) and mixed use projects provide functional security for persons and property and allow extended use of properties into nighttime hours; lighting is installed and maintained to provide for an environmentally sensitive and energy efficient nighttime environment that includes the ability to view the stars against a dark sky from residential and other appropriate viewing areas; and ambient nighttime light levels do not adversely impact adjacent properties.
B. Objective design standards for residential multi-unit buildings (5 or more units) and mixed use projects in all zones.
1. Development applications shall include a lighting plan showing locations and specifications for all exterior lighting, including lighting used to illuminate streets, buildings, sidewalks, multi -use paths, parking lots, plazas, or open space areas. The lighting plan shall be evaluated during the land use approval process for compliance with the standards of this section.
2. For safety purposes, lighting shall be provided throughout the on-site pedestrian circulation system, including street frontages, sidewalks, multi-use paths, parking lots, buildings, and plazas. The on-site pedestrian circulation system shall be lighted to a minimum level of 2 foot-candles and a maximum of 3 foot-candles to enhance pedestrian safety and allow use at night.
3. The minimum lighting level for building entries of new multi-unit, retail, commercial, office, and institutional buildings located shall be 3 foot-candles. Lights shall be 6 to 12 feet in height and the light source shall be shielded.
4. Exterior lighting shall not blink, flash, or change color or intensity.
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5. Maximum lighting levels at property lines shall not increase lighting level more than 1.1 lumens/square meter 10 feet beyond the property line or 5.4 lumens/square meter adjacent to non -residentially zoned property or public rights-of-way.
6. Permanent exterior light fixtures that emit more than 900 lumens (13 watt compact fluorescent or 60 watt incandescent) shall be concealed or shielded with an Illumination Engineering Society of North America (IESNA) full cut-off style fixture with an angle not exceeding 90 degrees to minimize the potential for glare and unnecessary diffusion on adjacent property. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.088 Additional objective standards.
A. Projects subject to this chapter must comply with all other applicable objective standards within this Title 17, including, but not limited to:
1. Development standards as indicated in Sections 17.08.060 or 17.10.060, as may be amended.
2. Landscaping standards as indicated in subsection 17.08.110.B, as may be amended.
3. Electric vehicle charging stations as indicated in Section 17.08.330, as may be amended.
4. Yard, street and highway line requirements in Chapter 17.28, as may be amended.
B. Projects subject to this chapter must comply with those objective design standards contained within an applicable master plan or specific plan.
C. In case of a conflict between applicable objective standards contained within Title 17 and the ODS in this chapter, the ODS in this chapter shall prevail. In case of a conflict between applicable objective standards contained within an applicable master plan or specific plan and the ODS in this chapter, the objective standards of the master plan or specific plan shall prevail. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.100 Design modifications.
A. Purpose. The design modification process allows the director to approve modifications to the application of the ODS. The design modification process provides a mechanism by which the ODS may be modified if the proposed development continues to meet the intended purpose of those regulations. Design modifications provide flexibility for unusual situations. They also allow for alternative ways to meet the purposes of the ODS.
B. Procedures. Design modification requests are reviewed in accordance with Chapter 17.32, Article VI, Director's Review.
C. Review Criteria. For each ODS for which a design modification is requested, the applicant must show that the following criteria have been met:
1. Granting the design modification will equally or better meet the purpose of the regulation to be modified; and
2. The proposal will be consistent with the desired character of the zone; and
3. Any negative impacts resulting from the design modification are mitigated to the extent practical; and
4. The proposal will not significantly detract from the livability or appearance of the surrounding area; and
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5. If more than one design modification is being requested, the cumulative effect of the design modifications results in a project which still meets criteria (1) through (4), above. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)
Article V. Emergency Shelters and Low Barrier Navigation Centers
17.41.200 Purpose and intent.
The purpose of these regulations is to allow operation of emergency shelters and low barrier navigation centers in the city to help people in need of housing that are temporarily homeless. Reasonable standards have been established to preserve the neighborhood character and quality of life in Lancaster. Low barrier navigation centers may be permitted for the time determined valid under Government Code Sections 65660 through 65668. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.210 Application and permit required.
A. Emergency shelters are allowed by right within the light industrial (LI) zone subject to the standards in Section 17.41.220. These standards may be applied to an emergency shelter proposed in other zoning district subject to conditional use approval. Emergency shelters which require conditional use permit approval may be subject to conditions of approval with requirements that vary from and supplement these standards.
B. Low barrier navigation centers meeting the requirements of Government Code Section 65662 are allowed by right in areas zoned for mixed use and nonresidential zones permitting multi -family uses, subject to the standards in Section 17.41.220.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.220 Standards for emergency shelters and low barrier navigation centers.
All emergency shelters and low barrier navigation centers shall be subject to the following standards:
A. New structures for emergency shelters or low barrier navigation centers shall be subject only to those objective development standards that would apply to development within the applicable zone, including but not limited to, those standards related to lot size, building placement, setback, building size and massing, open space and landscaping.
B. The emergency shelter or low barrier navigation center shall be operated by a responsible social service provider. For the purposes of this section, a "social service provider" means an agency or organization licensed or supervised by any federal, state or local health/welfare agency that participates in the Federal Homeless Management Information System (HMIS) and has demonstrated experience with the homeless population by assisting individuals and families to achieve economic self - sufficiency and self-determination through a comprehensive array of programs and actions.
C. The emergency shelter or low barrier navigation center shall provide at least one qualified on -site supervisor at all times, plus one attendant for each 50 occupants.
D. An emergency shelter or low barrier navigation center shall not be approved when another emergency shelter or low barrier navigation center exists within 300 feet of the proposed site.
Created: 2024-08-22 08:37:13 [EST]
(Supp. No. 10-24, Upd 1)