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 Govern ment 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 Development s. 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 do cumentation demonstrating that the waiver or reduction is 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 developm ent 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 developmen t 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 environment, and for which there is no feasible me thod 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 standa rd would be contrary to state or federal law.
B. Parking. The applicant may request, and the city s hall 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 in centives under this article for a housing development shall be submitted in writing to the city to be proce ssed 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 shar ed 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 another 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 asse ssor'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
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 plann ing 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" me ans a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trus t that holds fee title. "Individual property owner" does not include any corporation or corpor ate person of any kind (p artnership, 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 dw elling unit" (JADU) shall have the same meeting as specified in Section
17.41.012.
E. "Primary dwelling unit" means a single-family residen ce 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 m eaning 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.
C. The applicant must obtain a certificate of comp liance 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 cost s 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 approve d 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 applic ant 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 import ance, as defined pursuant to the United States Department of Agriculture land inventory and m onitoring criteria, as modified for California, and designated on the maps prepared by the farmland mapping and monitoring 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 Gove rnment Code Section 51178, or as indicated on maps adopted by the said department pursuant to Public Resources Code Section 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.
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 under the provisions of this code and the applicant is abl e 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 Act, or other adopted natural resource protection plan.
9. Containing habitat for protected species ident ified as candidate, sensitive, or species of special status by state or federal agencies, fu lly 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 in clude the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for hous eholds of moderate, low, or very low income, as defined by the state.
b. Housing that is subject to any form of r ent or price control through a public entity's valid exercise of its police power.
c. Housing, or a lot that used to have hous ing, 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 repr esenting and warranting that this subsection
17.041.058.D is satisfied. The sworn statement must state that:
a. No housing that is income-restricted fo r 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 cont rol will be demolished or altered.
c. No housing that has been withdrawn from re ntal 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 inve stigation 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 uni t 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 subsecti on, 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 dwe lling 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 establ ished prior to the two-unit project and that is larger than 800 square feet is limited to t he 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 establ ished 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 lo t, 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.
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 requir ed 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 sha ll be a minimum 4 feet from a side or rear property line.
c. Front Setback. Notwiths tanding 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 constr ucted 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 parkin g space shall be provided per dwelling unit, unless either of the following applies:
a. The lot is located within one-half mile wa lking 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 in tervals of no longer than 15 minutes 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 standard s in Article IV of this Chapter (Chapter
17.41) shall apply to all dwellings except acce ssory dwelling units. If there is a conflict between this Article and Article IV, this Articl e shall prevail. Access ory dwelling units are subject to Chapter 17.41, Article I.
10. Landscaping. Evergreen la ndscape 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 tr ee shall be provided for every 5 linear feet of exterior wall, or at least one 24-inch box si ze 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 ow n direct utility connecti on 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 te st 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 us e 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 an y construction of a two-unit project, the property owner shall provide written notice to all the ow ners 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 manag er for construction related complaints; and e. Contact information for the building and safety department.
2. The notice requirement is solely for inform ational purposes and does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued.
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 dwe lling 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 limit ed 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 wri tten 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 fo r 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 par t 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 prosecuti on, 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 equi table 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)
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 estab lishes 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 mix ed 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 pedes trian improvement regulations are established to help ensure that new residential and mixed use developm ent provides connectivit y, both physically and visually, that designs encourage pedestria n and non-motorized vehicle use, and help ensure separation of motor vehicle circulation from pedestrians and cyclists.
B. Internal circulation requirements for reside ntial 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-dw elling 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:
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 serv e 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 traffi c-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-g rid block pattern to maximize access and circulation efficiency.
2. Individual residential driveway s 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 s hall 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—Residenti al 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 l onger than 25 feet in length, blank walls shall not exceed 25 feet. Wall plane variation of at leas t 2 feet in depth and 5 feet in length shall be provided for relief for every 25 feet of building facade. 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 building facade.
2. For structures containing 2 or more primary uni ts, 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 t he 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 st reet-facing facade may be counted toward meeting this standard.
4. Residential buildings shall use tile roofing (c oncrete, 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)
17.41.078 - Building architecture and form—Residential multi-unit buildi ngs (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 mini mum 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, par apets, varying cornices, and/or clerestory windows.
2. Multiple colors, materials, textures, and appli ed 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 viny l 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 l east one primary building entry oriented to the street.
Direct pedestrian access shall be provided bet ween the public sidewalk and the primary building entries. Buildings that are not adjacent to the street shall have front entries that are oriented 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 comm on 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 elem ent (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 t he 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. R equired 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 t he 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.
4. Mechanical equipment located on the ground, such as heating or cooling equipment, pumps, or generators, must be screened from view from t he 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 transiti ons 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 mu lti-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 zone d 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 propertie s. 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 subdivi sion. 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 (wit h 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 Ru ral Residential and Urban Residential (RR-2.5,
RR-1, SRR, R-7,000, R-10, 000, or R-15,000). This standa rd 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)
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 Resident ial and Mixed Use Projects in All Zones.
1. For multi-family residential developments wi th 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 entra nces 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 mu lti-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 t he 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 fo r Mixed Use Projects in Mixed Use Zones.
1. For commercial, office and employment com ponents 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)
17.41.084 - Parking and access.
A. Purpose. These objective parking and access r egulations 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 Resident ial 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 st reamlined 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 residentia l 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 primar y street frontage except in the following circumstances:
a. For developments facing arteri al streets, in circumstances where the director of community development determines not possible to achieve rear parking placement due to lot size or configuration, street geometric s, easements, or other physical conditions, provided the parking is screened from street view by a co mbination of low masonry walls (maximum height 4 feet), landscaped berms, and/or ev ergreen 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 p ublic 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 l andscape planters. Minimum tree size at planting shall be 24-inch box.
b. Surface parking lots that are not visibl e 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 l andscape planters. Minimum tree size at planting shall be 24-inch box.
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 t han 10 feet in depth shall be provided between the lots or structures. Where adjacent surfac e 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, re ciprocal 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—Residentia l 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 proj ects 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 provid ed 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.
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 Sect ions 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 i ndicated in Section 17.08.330, as may be amended.
4. Yard, street and highway line requirement s 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 objecti ve 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 cont inues 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
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. Emer gency 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 center s 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 lo w barrier navigation centers shall be subject only to those objective development standards that w ould 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 lo w 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 Manage ment Information System (HMIS) and has demonstrated experience with the homeless population by assisting individuals and families to achieve economic self-sufficiency and self-det ermination 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 navi gation center shall not be approved when another emergency shelter or low barrier navigation center exists within 300 feet of the proposed site.
E. On-site waiting and intake areas shall be en closed or screened from the public right-of-way and adjacent properties.
F. Parking to serve all staff working in the em ergency shelter shall be su pplied at a ratio of one vehicle space per 10 beds, provided that this standard does not require more parking for emergency shelters or low barrier navigation cent er than other residential or commercial uses within the same zone.
G. The maximum number of beds or persons permi tted to be served nightly by the facility shall be as limited to 150 beds.
H. Providers must submit a written manageme nt plan prior to beginning operation, including provisions for staff training, and counseling, tr eatment, and training programs for residents and length of time which clients may be accommodat ed. The management plan shall also address how the immediate sheltering needs of individuals who may be turned away from the shelter will be handled.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.41.230 - Additional standards for low barrier navigation centers.
A. Applications shall be processed in accord ance with Government Code Section 65664 provides timelines for action; the city must notify the develop er within 30 days if the application is complete under Government Code Section 65493 and then must act on the application within 60 days from the date the application has been deemed complete.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
Chapter 17.42 - ALCOHOLIC BEVERAGE AND TOBACCO ESTABLISHMENTS[7]
Footnotes:
--- (7) ---
Editor's note— Ord. No. 1130, § 4(Exh. A), adopted May 27, 2025, repealed the former Ch. 17.42, §§
17.42.010—17.42.200, and enacted a new Ch. 17.42 as set out herein. The former Ch. 42 pertained to alcoholic beverage establishments and derived from Ord. No. 1015, § 1, adopted Dec. 13, 2016; Ord. No. 1079(b), § 3(Exh. C), adopted Feb. 23, 2021; Ord. No. 1093, § 4(Exh. A), adopted Oct. 11, 2022.
17.42.010 - Purpose and intent.
The purpose of adopting regulations for the sale of alcoholic beverages and tobacco is to ensure that such sales will not adversely affect surrounding residents, businesses, and institutions; and to ensure that any such use operates in a manner compatible with existing and future adjacent uses.
This chapter alone does not allow or permit alcoholic beverage and tobacco establishments, but only applies to such establishments where otherwise allowed or permitted within an involved applicable land use zoning district. This chapter does not authorize the operation of alcoholic beverage or tobacco establishments in any land use district where they are not otherwise allowed or permitted by the applicable involved zoning district's regulations.
17.42.015 – Amortization.
A. Alcoholic Beverage Establishments. Any bar or liquor store which was legally existing on the effective date of this ordinance, which obtained required entitlements and operated in conformity with the provisions of Chapter 17.42 prior to effective date of this ordinance, but which, after the date of this ordinance does not possess the current minimum entitlements required by the code, shall be regarded as a nonconforming use and shall be required to obtain those entitlements prior to business license renewal in compliance with Title 5. On or before such date, all such nonconforming uses not possessing the required entitlements shall be terminated unless an extension of time has been approved by the director.
The provisions of this section shall not apply to other alcoholic beverage establishment categories.
1. Abandonment. Notwithstanding the above, any di scontinuance or abandonment of the use of any tenant space or structure as a legal nonconforming bar or liquor store shall be subject to the provisions of Section 17.42.130.
2. Amortization — annexed property. Any bar or li quor store which was a legal use at the time of annexation of the property and which is located in the city, but which does not possess the current minimum entitlements required by the code and does not conform to the provisions of Chapter 17.42 shall be terminated within 18 months of the date of annexation.
3. Applications Denied or Revoked. No bar or liquor store application shall be filed or accepted if a denial or revocation has been taken within one year on an application requesting the same or substantially the same application.
B. Tobacco Retail and Smoking Lounges. Any tobacco retail establishment or smoking lounge which was legally existing on the effective date of this ordinance, which obtained required entitlements and operated in conformity with the provisions of Chapter 17.40 prior to effective date of this ordinance, but which, after the date of this ordinance does not possess the current minimum entitlements required by the code, shall be regarded as a nonconforming use and shall be required to obtain those entitlements prior to business license renewal in compliance with Title 5. On or before such date, all such nonconforming uses not possessing the required entitlements shall be terminated unless an extension of time has been approved by the director.
1. Abandonment. Notwithstanding the above, any di scontinuance or abandonment of the use of any tenant space or structure as a legal nonconforming tobacco retail establishment or smoking lounge shall be subject to the provisions of Section 17.42.130.
2. Amortization — annexed property. Any tobacco retail establishment or smoking lounge which was a legal use at the time of annexation of the property and which is located in the city, but which does not possess the current minimum entitlements required by the code and does not conform to the provisions of Chapter 17.42 shall be terminated within 18 months of the date of annexation.
3. Applications Denied or Revoked. No tobacco retail establishment or smoking lounge application shall be filed or accepted if a denial or revocation has been taken within one year on an application requesting the same or substantially the same application.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
17.42.020 - Definitions.
For the purpose of this chapter, the following words or terms shall be defined as follows:
"Alcoholic beverage" means a fermented or distilled beverage including alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer which contains one-half of one percent or more of alcohol by volume which is fit for beverage purposes, either alone or when diluted with other substances, and sale of which require a license from the state ABC. "Alcoholic beverage control (ABC)" means the California State Department of Alcoholic Beverage Control.
"Alcoholic beverage establishment" means any establishment involving the sale of alcohol. "Alcohol production" means an establishment where beer, wine and other spirits are prepared bottled, stored and sold for on- or off-site consumption. Tasting rooms or seating areas may be provided on site. Alcohol production is permitted in the commercial zones (C, CPD, MU zones) if there is a minimum of 25% and maximum up to 40% square footage of total floor area dedicated to retail and a full menu available at all times that alcoholic beverages are offered. "Alcohol production" shall be permitted in the industrial zones.
"Bar" includes establishments used primarily for the sale or dispensing of alcoholic beverages for on- site consumption and that are not part of a restaurant.
"Bona fide restaurant" includes establishments primarily engaged in the preparation and retail of food and/or beverage for on-site consumption. A full menu shall be available at all times that alcoholic beverages are offered.
"Convenience market/neighborhood market" means a retail establishment up to 5,000 square feet utilized for the sale of prepackaged food products, household items, and soft drinks. Alcohol sales shall be limited to 5% maximum square footage of the sales floor area for sale and display of alcohol. The sale of spirits shall be subject to a conditional use permit and distance requirements. Convenience markets/neighborhood markets may be in conjunction with a fueling station. "Enforcing officer" includes any city public safety officer, city community services officer, county sheriff's deputy, and any other public officer or employee designated by the city manager to issue administrative citations in accordance with Section 17.42.160. "Entertainment" means any form of entertainment, whether live, televised audio or video taped, including, but not limited to, any type of performance for the purpose of amusing the audience, such as:
dancing, singing, playing a musical instrument or acting. "Existing deemed approved alcoholic beverage establishment" means any establishment lawfully engaged in the sale of alcoholic beverages for on- or off-sale consumption which is in existence prior to the effective date of this chapter, retains the same type of alcoholic beverage license and continues to legally operate without substantial change in the mode or character of operation, except those identified by Section 17.42.015.
"Grocery store/Supermarket/Drugstore" means any retail establishment larger than 5,000 square feet primarily selling food product, household merchandise and pharmaceutical drugs. Alcohol sales shall be limited to 10% maximum square footage of the sales floor area for sale and display of alcohol. This is not in conjunction with a fueling station.
"Liquor store" includes any establishment which primarily sells beer, wine, and/or other spirits for off- site consumption. The display sales floor area of alcohol exceeds 5% square footage of the sales floor area.
"Mixed-use development" means a building or combination of buildings intentionally designed as a single development to accommodate a combination of residential and commercial uses. "Mixed-use district" means any physical location designated by the city of Lancaster general plan or zoning map as a mixed-use district.
"Nightclub" means a place of entertainment, typically open at night, usually serving food and/or alcoholic beverages, which may have a floor show and/or offer live or recorded entertainment or music and/or space for dancing.
"Operator" means any person who has an ownership interest, in any manner, in an alcoholic beverage establishment, including, without limitation, a corporation and each of its officers, directors and stockholders; a partnership and each of its partners; a limited liability company and each of its managing members.
"Owner" means and includes any person with a recorded ownership interest in, or a right of possession, control or use of the premises on which an alcoholic beverage establishment is located, including all persons shown as owners on the last equalized assessment roll of the county assessor's office. Owners include property managers and persons with powers of attorney, executors of estates, trustees, or who are court appointed administrators, conservators, guardians or receivers. "Planning commission" means the planning commission of the city of Lancaster. "Responsible person" means an operator of an alcoholic beverage establishment, an operator's on- site manager(s), an operator's employees and/or a property owner, as defined herein. "Sales floor area" means the calculation of area for the sale and display of specified products, including but not limited to alcoholic beverages, fresh meat and fresh produce. The calculation of sales floor area percentage shall be based on the gross floor area of the premises, including any warehousing
or storage areas and shall include actual product display areas and reasonable public access aisles within or adjacent to said display area.
"Substantial change in mode or character of operation" means and includes, but is not limited to, the following situations:
1. The alcoholic beverage establishment has chang ed, or proposes to change, its type of retail liquor license with the department of alcoholic beverage control;
2. An alcoholic beverage establishment increases floor area by more than 20%;
3. The alcoholic beverage establishment proposes to reinstate alcohol sales after the retail liquor license has been revoked or suspended for a period greater than 90 days by the department of alcoholic beverage control; or
4. The establishment is a bona fide restaurant t hat adds entertainment, except for non- amplified solo or similar entertainment on an occasional basis, which does not occupy more than 50 square feet or substantially change the character of the restaurant operation. "Smoking lounge" means a business establishment that is dedicated, in whole or in part, to the smoking of tobacco products, electronic cigarettes, or other substances, including but not limited to establishments known variously as cigar lounges, hookah lounges, tobacco clubs, tobacco bars, etc. This use may involve the on-sale, or for on-premise consumption, or off-sale, or for off-premise consumption, of tobacco products. The sale or use of cannabis is prohibited subject to Chapter 17.43 Commercial Cannabis Activity.
"Tobacco Retail" also referred to as a "smoke shop" means a business establishment in which tobacco products and/or paraphernaliaprimarily engaged or offers a substantial amount of product for the sale of tobacco, tobacco products, and tobacco paraphernalia, such as cigarettes, cigars, pipes, snuff, chewing tobacco, dipping tobacco, and vapes, occupy more than 8% of the business’s sales floor. This use may involve the off-sale, or for off-premise consumption, of tobacco products. The sale or use of cannabis is prohibited defined separately and is subject to Chapter 17.43 Commercial Cannabis Activity. (Ord. No. 1130, § 4(Exh. A), 5-27-2025)
17.42.030 - Uses and permit requirements.
Type of Establishment Sale Items Permitted
Zones
Permit
Required Review Authority
Alcohol Production Beer, Wine,
and Spirits LI and HI DR
Community
Development
Director
Alcohol Production with minimum 25%
and maximum up to 40% retail and a
food menu
Beer, Wine,
and Spirits
MU, C, and
CPD DR
Community
Development
Director
Bar Beer, Wine,
and Spirits
MU, C, CPD,
LI and HI CUP Planning
Commission
Bona Fide Restaurant Beer, Wine,
and Spirits
MU, C, CPD,
LI and HI DR
Community
Development
Director
Convenience Market/ Neighborhood
Market
Beer and
Wine
MU, C, CPD,
LI and HI MUP
Community
Development
Director
Beer, Wine,
and Spirits
MU, C, CPD,
LI and HI CUP Planning
Commission
Grocery Store/
Supermarket/Drugstore
Beer, Wine,
and Spirits
MU, C, CPD,
LI and HI DR
Community
Development
Director
Alcohol Sales in Conjunction and
Incidental to a Primary Use
Beer, Wine,
and Spirits
MU, C, and
CPD DR
Community
Development
Director
Liquor Store Beer, Wine,
and Spirits
MU, C, CPD,
LI and HI CUP Planning
Commission
Tobacco Retail Tobacco
products
MU, C, CPD,
LI, and HI MUP*
Community
Development
Director
Smoking Lounge Tobacco
products
MU, C, CPD,
LI, and HI CUP Planning
Commission
DR: Director's Review
CUP: Conditional Use Permit
MUP: Minor Use Permit
*A CUP may be required for tobacco retail establishments subject to director's determination.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
17.42.040 - Distance requirements.
A. EAlcohol e stablishments that require a conditional use permit , for alcohol and all tobacco retail establishments, that require a minor use permit or conditional use permit shall adhere to the distance requirements as specified below:
Alcoholic Beverage and Tobacco Establishments
Type of Establishment Distance
Requirement
Religious Assembly 300'
Public/Private School (K-12) 1,000'
Day Care Center 6300'
Residential Use or Residentially Designated Property 300' Existing Alcoholic Beverage Establishment (for alcohol uses) 500' Existing Tobacco Establishment (for tobacco uses) 500’
Public Park 500'
Hospital 500'
B. Measurement of Distance. The distance requirement shall be measured in a straight line from the closest property line to the closest property line.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
17.42.050 - Findings.
The approving authority shall approve an application only after the applicant substantiates required findings below. If the application requires a conditional use permit then it shall make the following findings as well as the findings required by Section 17.32.090.
A. That the proposed use will be located within a zone which permits alcoholic beverages or tobacco products to be sold, served, or given away for on-sale or off-sale consumption, as the case may be, upon obtaining a conditional use permit;
B. That the proposed use will not adversely affe ct nearby residents and facilities primarily devoted to use by children, families, and the general public, after giving consideration to the distance or proximity of the proposed alcoholic beverage or tobacco products establishment to residential districts, schools (public or private), day care centers, public park s, playgrounds and other recreational facilities, churches or other places of religious worship, hospitals, clinics or other health care facilities; and
C. That the proposed use serves the public convenience and necessity. (Ord. No. 1130, § 4(Exh. A), 5-27-2025)
17.42.060 - Minor use permit.
A. Applicability. A minor use permit shall be filed subject to the uses and requirements identified in this Title table in Section 17.42.030.
B. Project Notice. A notice for a minor use permit shall be mailed at least 10 calendar days before the scheduled action to the following, unless stated otherwise in this code.
1. Owner(s) and applicant;
2. All owners of property located within a five-hundred-foot radius of the exterior boundaries of the subject site, as shown on the county's last equalized assessment roll. If the project site is located within a multiple tenant commercial or industrial center, all tenants or property owners, if different, within the center shall be mailed the notice;
3. Persons Requesting Notice. A person who has fil ed a written request for notice with the director of development services within one year prior to the action.
4. The development services director may require additional notification requirements such as site posting and increased notification radius based upon the possible impacts of the project.
5. Noticing procedures shall co mply with Section 17.36.025.
C. Reviewing Authority. The development services di rector is the decision maker that approves or denies an application. The community development director may refer an application to planning commission and/or city council for a decision on the application.
D. Conditions of Approval. In approving a minor use permit, the approving authority may impose such conditions as deemed necessary to ensure that the minor use permit will accordance with the findings.
E. A CUP may be required for any use tobacco retail establishments in place of an MUP, if the Director determines that one or more of the following circumstances exist on the subject property:
1. Oversaturation of similar uses,
2. Significant crime and/or safety concerns, and
3. Unpermitted conditions, overdue fees to the CO L or other agencies, and/or criminal history of those related to the project.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
17.42.070 - Conditions of approval for on-sale alcoholic beverage establishments.
Establishments engaged in the retail sale of alcoholic beverages for on-premises consumption shall be operated in a manner which does not interfere with the normal use of adjacent properties. In addition to those conditions which the planning commission, or the city council on appeal, may otherwise impose, all conditional use permits for on-sale beverage establishments shall be subject to the following conditions of approval:
A. The exterior of the premises shall be kept free of litter.
B. Graffiti shall be removed from the site within 72 hours.
C. Alcoholic beverages shall not be permitted to be consumed in the parking area or other exterior areas of the premises, except for designated outdoor areas approved as part of the application.
D. Exterior lighting of the parking area shall be kept at an intensity of between one and 2 foot- candles, so as to provide adequate lighting for patrons while not disturbing surrounding residential or commercial areas. Light sources shall be screened from the adjacent properties and from the sky.
E. Adequate security measures shall be provided as specified by the planning commission including, but not limited to, retaining trained staff and securi ty personnel and providing security devices, such as surveillance or burglar alarm systems.
F. Hours of operation, including deliveries to the proposed establishment, shall be compatible with the need and character of the surrounding neighborhood. In order to protect the public health, safety and welfare, the planning commission may limit the hours of operation.
G. All employees who serve or sell alcoholic beve rages shall successfully complete a responsible beverage service training program that meets the requirements of the state ABC within 90 days of hire. Records of such training shall be maintained on the premises and made available to city or county sheriff's personnel upon request.
H. Noise levels at the property line of any sens itive use as listed in Section 17.24.040 adjoining the site of the alcoholic beverage establishment shall not exceed 65 dBA.
I. The management of any establishment selling alcohol shall take necessary steps to assure the orderly conduct of employees, patrons and visitors on the premises, and to assure timely response to concerns of neighbors and local officials about problems related to alcohol sales and service at the establishment.
J. The owner of the establishment shall maintain all required permits and/or licenses for the sale of alcoholic beverages in good standing.
K. The establishment shall conspicuously post an interior sign stating:
"We ID everyone under 30 years of age for alcohol sales." The language of such sign shall be English, as well as the predominant language of the establishment's clientele.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
17.42.080 - Conditions of approval for off-sale alcoholic beverage establishments.
Establishments engaged in the retail sale of alcoholic beverages for off-premises consumption shall operate in a manner which does not interfere with the normal use of adjacent properties. In addition to those conditions which the planning commission, or the city council on appeal, may otherwise impose, all conditional use permits for off-sale alcoholic beverage establishment shall be subjected to the following mandatory conditions of approval:
A. The exterior of the premises shall be kept free of litter.
B. Graffiti shall be removed from the site within 72 hours.
C. The sale of alcoholic beverages for consumption on premises shall be prohibited and appropriate posting of signs stating that drinking on the pr emises is prohibited by law shall be posted both inside and outside the establishment. The premises shall include the establishment proper and/or the appurtenant common area if located in a commercial center.
D. Exterior lighting of the parking area shall be kept at an intensity of between one and 2 foot- candles, so as to provide adequate lighting for patrons while not disturbing surrounding residential or commercial areas. Light sources shall be screened from the adjacent properties and from the sky.
E. Adequate security measures shall be provided as specified by the planning commission including, but not limited to, retaining trained staff and securi ty personnel and providing security devices, such as surveillance or burglar alarm systems.
F. Hours of operation, including deliveries to the proposed establishment, shall be compatible with the need and character of the surrounding neighborhood. In order to protect the public health, safety and welfare, the planning commission may limit the hours or operation.
G. All employees who serve or sell alcoholic beve rages shall successfully complete a responsible beverage service training program that meets the requirements of the California Department of Alcohol Beverage Control within 90 days of hire. Records of such training shall be maintained on the premises and made available to the city or t he county sheriff's department personnel upon request.
H. Noise levels at the property line of any sens itive use as listed in Section 17.42.040 adjoining the site of the alcoholic beverage establishment shall not exceed 65 dBA.
I. Exterior public telephones that permit in coming calls may not be located on the premises.
J. The operation of video or any other electronic games may be prohibited in conjunction with the sale of alcoholic beverages, and will be considered on a case by case basis.
K. The planning commission may restrict alcoholic beverages sales by container size and type where such restriction is determined to be necessary for the reasonable protection of public health and safety.
L. No beer or wine shall be displayed within 5 feet of the cash register or the front door unless it is in a permanently affixed cooler.
M. No sale of alcoholic beverages shall be made from a drive-through or walk-up window.
N. No display or sale of beer or wine shall be made from an ice tub.
O. No self-illuminated or "in-motion" advertising for beer or wine shall be located on buildings or windows, or be visible from outside the building.
P. If the establishment also engages in the sale of motor vehicle fuel, no advertisement of alcoholic beverages shall be displayed at motor fuel islands.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
17.42.090 - Conditions of approval for on-sale or off-sale tobacco establishments.
Establishments engaged in the retail sale of tobacco products for on- or off-premises consumption shall operate in a manner which does not interfere with the normal use of adjacent properties. In addition to those conditions which the planning commission, or the city council on appeal, may otherwise impose, all conditional use permits for on- or off-sale tobacco retail establishment shall be subjected to the following mandatory conditions of approval:
A. The exterior of the premises shall be kept free of litter.
B. Graffiti shall be removed from the site within 72 hours.
C. For tobacco retail uses, the sale of tobacco products for consumption on premises shall be prohibited. The premises shall include the establishment proper and/or the appurtenant common area if located in a commercial center.
D. Exterior lighting of the parking area shall be kept at an intensity of between one and 2 foot- candles, so as to provide adequate lighting for patrons while not disturbing surrounding residential or commercial areas. Light sources shall be screened from the adjacent properties and from the sky.
E. Adequate security measures shall be provided as specified by the planning commission including, but not limited to, retaining trained staff and securi ty personnel and providing security devices, such as surveillance or burglar alarm systems.
F. Hours of operation, including deliveries to the proposed establishment, shall be compatible with the need and character of the surrounding neighborhood. In order to protect the public health, safety and welfare, the planning commission may limit the hours or operation.
G. Noise levels at the property line of any sens itive use as listed in Section 17.42.040 adjoining the site of the tobacco retail establishment shall not exceed 65 dBA.
H. Exterior public telephones that permit incoming calls may not be located on the premises.
I. The operation of video or any other electronic games may be prohibited in conjunction with the sale of tobacco products, and will be considered on a case by case basis.
J. The planning commission may restrict tobacco sales by container size and type where such restriction is determined to be necessary for the reasonable protection of public health and safety.
K. No sale of tobacco products shall be m ade from a drive-through or walk-up window.
L. No self-illuminated or "in-motion" advertisin g for tobacco products shall be located on buildings or windows, or be visible from outside the building.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
17.42.100 - Exceptions-specific plan areas.
The requirements of this chapter shall not apply to areas of the city for which a specific plan has been adopted pursuant to Section 65450 of the Government Code of the state of California if the adopted specific plan contains regulations regarding alcoholic beverage or tobacco establishments. (Ord. No. 1130, § 4(Exh. A), 5-27-2025)
17.42.110 - Existing deemed approved establishments selling alcoholic beverages or tobacco products.
Any establishment lawfully existing prior to the effective date of this chapter and licensed by the state for the retail sale of alcoholic beverages or tobacco products for on-sale or off-sale consumption shall be considered to have a "deemed approved" status and shall only be required to obtain the necessary permits for a "substantial change in mode or character of operation" as described in Section 17.42.020, or for a revocation or expiration of "deemed approved" status as set forth in Section 17.42.130, except those uses identified by Section 17.42.015. The distance requirements set forth in Section 17.42.040 shall not apply to any existing deemed approved alcoholic beverage or tobacco establishment. (Ord. No. 1130, § 4(Exh. A), 5-27-2025)
17.42.120 - Performance standards; public nuisance.
A. The operator of an alcoholic beverage or toba cco establishment, whether operating with a "deemed approved" status or pursuant to a conditional use pe rmit, minor use permit or director's review shall use and maintain the premises and conduct the business in a manner that comports with all applicable local, state and federal law, including but not limited to, the California Business and Professions Code, the Lancaster Property Maintenance ordinance (codified at Chapter 8.28), and the Lancaster Zoning ordinance (codified at Title 17).
Lawful property maintenance and business operations shall include, but are not limited to, the following:
1. The premises shall be maintained without the presence of garbage, junk , trash, debris or other miscellaneous items in exterior areas except in approved trash collection containers/enclosures.
2. The premises, including any surface of a structur e, sidewalk, curb, ground surface, vehicle, tree, shrub, rock or other tangible item that is visible from publicly or privately owned real or personal property, shall be maintained free of graffiti. All graffiti shall be removed within 72 hours from the operator's first observation of graffiti or receipt of verbal or written notification of such graffiti by any enforcing officer as defined in this chapter.
3. The premises shall be maintained with all signage required by applicable state and local law, including but not limited to signs prohibiting loitering, public drinking and/or the presence of open alcoholic beverage containers on the premises.
4. The establishment shall be maintained in such a manner that signs, refrigerator cases, promotional displays, equipment and/or any other items do not obstruct the view of the interior of the establishment from the parking lot and public street or other right-of- way.
5. The premises shall be maintained without the presence of exterior public telephones. Any existing public telephone shall be removed within 30 calendar days from the effective date of the ordinance from which this chapter is derived.
6. The operator of the establishment shall main tain a current and valid city business license and shall conduct business in full accordance with any and all conditions imposed thereon.
7. The operator shall not sell, furnish, give or permit the sale, furnishing or giving of an alcoholic beverage to an obviously intoxicated person or to a habitual or common drunkard.
8. The operator shall not sell, furnish, give or permit the sale, furnishing or giving of an alcoholic beverage to any person under 21 years of age, or knowingly allow such person to consume alcoholic beverages on the premises.
9. The operator shall not cause, allow or permit nuisance and other unlawful activities on the premises, including, but not limited to:
a. Loitering;
b. Drinking alcoholic beverages and/or pos sessing open alcoholic beverage containers in exterior portions of the premises, other than in a designated patio or other area approved by the department of alcoholic beve rage control and/or the city in conjunction with an on-sale establishment;
c. Littering;
d. Creating excessive noise;
e. Disturbing the peace;
f. Engaging in illegal drug activity or prostitution;
g. Trafficking in stolen goods;
h. Harassing passersby or business patrons;
i. Panhandling;
j. Engaging in acts of vandalism;
k. Otherwise engaging in conduct that is unlawful and/or constitutes a nuisance.
10. The operator shall take all reasonable steps to ensure the conditions and activities on the property on which the alcoholic beverage or tobacco establishment is located do not constitute a public nuisance. For purposes of this chapter, "reasonable steps" includes, without limitation, the following:
a. Requesting those persons engaging in conduc t that constitutes a nuisance to cease that conduct, unless the operator has reasonable cause to believe such request may jeopardize his or her personal safety.
b. Calling the city's law enforcement and/or public safety personnel if the operator's attempts to abate the nuisance conduct have been unavailing or if the operator has reasonable cause to believe such attempts may jeopardize his or her personal safety. c. Timely undertaking actions to address condi tions that facilitate loitering and other nuisance activity on the premises, such as removing furniture from areas adjacent to the entry of the establishment, prohibiting persons from using any portion of the premises for the installation and/or operation of a temporary business or other use, and/or other preventive actions.
B. The city council finds and declares that it is unlawful and a public nuisance for a person to use or maintain, or to permit the use or maintenance of, property on which an alcoholic beverage or tobacco establishment is located, or to cond uct the business or permit the business to be conducted in a manner that is contrary to the requirements set forth in this Section 17.42.110, any city or state permits, licenses and/or approval s, and/or all other applicable sections of this Code, state or federal law or regul ation, or that otherwise poses a threat to public health, safety and welfare.
C. An operator shall be deemed responsible for th e act or omission of any on-site manager and/or employee who uses or maintains, or permits the use or maintenance of, property on which an alcoholic beverage or tobacco establishment is located, or who conducts the business or permit the business to be conducted, in violation of this chapter.
D. Upon the sale or transfer of ownership of an alcoholic beverage or tobacco establishment to a bona fide third party, previous findings of public nuisance uses, conditions and activities before such sale or transfer of ownership shall not be imputed to the new owner, unless the city determines that the sale or transfer of ownership is not to a bona fide third party. (Ord. No. 1130, § 4(Exh. A), 5-27-2025)
17.42.130 - Conditional use permit, minor use permit and director's review: Expiration, modification, revocation.
A. A conditional use permit, minor use permit, direct or's review for an alcoholic beverage or tobacco establishment shall lapse if the use is discontinued for 90 consecutive days, or if the establishment's alcoholic beverage control license has been revoked or transferred to another location.
B. A conditional use permit, minor use permit, or director's review is subject to modification at any time if the appropriate approving authority makes a de termination that changed circumstances or unanticipated effects concerning t he operation of the business est ablishment necessitate that conditions be added, amended or deleted.
C. A conditional use permit, minor use permit or dire ctor's review for an alcoholic beverage or tobacco establishment is subject to revocation if the operator has used or maintained, or permitted the use or maintenance of, the premises on which the establishment is located and/or has operated or permitted the operation of the business in violation of any condition imposed pursuant to the permit, or in violation of the performance standards set forth in Section 17.42.110, or otherwise in a manner that constitutes a public nuisance and/or a threat to public health , safety and welfare. The appropriate approving authority shall set a public hearing to consider such re vocation of said permit in accordance with the applicable provisions of this Code. A decision of approving authority pursuant to this section shall be appealable to the city council in accordance with Chapter 17.36.
1. An administrative citation issued pursuant to Section 17.42.160 that has been deemed final and binding may be used as prima facie evidence of unlawful public nuisance activities and/or conditions in any subsequent revocation proceeding.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
17.42.140 - Deemed approved status: Expiration, revocation.
A. The "deemed approved" status of an alcoholic beverage or tobacco establishment shall expire if the use is discontinued for 90 consecutive days.
B. The "deemed approved" status of an alcoholic beverage or tobacco establishment is subject to revocation if the operator has used or maintained, or permitted the use or maintenance of, the premises on which the establishment is located and/or has operated or permitted the operation of the business in violation of the performance standards set forth in Section 17.42.110 or otherwise in a manner that constitutes a public nuisance and/or a threat to public health, safety and welfare. The approving authority shall set a public hearing to consider such revocation of said deemed approved status in accordance with the applicable provisions of this Code. A decision of the approving authority decision pursuant to this section shall be appealable to the city council in accordance with Chapter 17.36.
1. An administrative citation issued pursuant to Section 17.42.160 that has been deemed final and binding may be used as prima facie evidence of unlawful public nuisance activities and/or conditions in any subsequent revocation proceeding.
C. An alcoholic beverage or tobacco establishm ent whose "deemed approved" status has expired or been revoked shall be prohibited from engaging in t he sales of alcoholic beverages or tobacco products without first obtaining a permit. In the event the planning commission or city council makes the determination that a permit shall be granted, sa id alcoholic beverage or tobacco establishment shall be subject to the conditions of approval.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
17.42.150 - Temporary alcohol sales.
Any event sponsor or applicant that anticipates a temporary event with alcohol sales shall obtain a temporary use permit. The application is to be filed with the planning department at least 60 days in advance of the event.
The event sponsor is the entity determined by the city to be liable for protecting public health and safety of event participants (those who attend the event), of event operators (those who create and execute the event), and of all others affected by the actions of event participants and event operators.
A. The planning director shall review and approve requests for temporary alcohol sales through a director's review application.
B. Conditions for a director's review for a temporary sales:
1. The applicant shall obtain property owner's authorization.
2. The applicant shall obtain a business license and any other permits applicable for the event.
3. The applicant shall submit a site plan showi ng the event, location of parking area(s), lighting (if any), and areas that alcohol is to be sold.
4. The applicant shall have control over point s of access to the location where alcoholic beverages are dispensed and consumed.
5. The applicant shall have control and contai nment of individuals who consume alcoholic beverages.
6. The county sheriff's department shall revi ew the application to determine the number of deputies required for security of the event based on the type and size of the event.
7. All alcoholic beverage servers shall have in their possession proof of completing "responsible beverage service" training from the state ABC.
8. A temporary alcoholic beverage control license is required for the duration of this event. A copy of the temporary license is to be submitted to the planning director prior to the start of the event.
9. The applicant shall specify the hours of op eration of the event and the hours of sale of alcoholic beverages.
10. The applicant shall provide liability insurance in the amount determined by the city attorney based on the size and type of the event naming the city as additionally insured.
11. The site shall be restored to the original condition. Site shall be free of debris, all trash receptacles removed, temporary fencing removed, and all disturbed asphalt shall be restored to the original condition. Disturbed landscape ar eas are also to be restored to the original condition. The applicant shall be financially responsible for any damage to the parking lot surface and landscape areas resulting from the event.
12. The planning director may require a cash deposit to ensure compliance with the conditions of approval.
13. The planning director may impose any addi tional conditions determined necessary to protect the public health, safety, and welfare.
C. Approval of a special event permit pursuant to Chapter 9.40 shall be deemed as compliance with the requirements of this section.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
17.42.160 - Violation, penalty, remedies.
A. Violations of this chapter shall constitute a misdemeanor and shall be punishable in the manner provided in Section 1.12.020A.
B. In addition to or in lieu of prosecution in a criminal action, the city attorney may initiate civil proceedings for the abatement, removal and enjoinment of any public nuisance as set forth in this chapter, in any manner provided by law, and shall take such other steps, and shall apply to such other court or courts as may have jurisdiction to grant such relief as will abate or remove such alcoholic beverage or tobacco establishments, and restrain and enjoin any person from using property contrary to the provisions of this chapter.
C. In addition to or in lieu of any administrative, civ il or criminal remedies set forth in this chapter, the administrative citation provisions of Section 17.42.160 may be utilized to abate or cause the abatement of uses, conditions and/or activities that constitute a nuisance pursuant to Section 17.42.110.
D. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
17.42.170 - Administrative citations.
A. Any enforcing officer may issue an administrative citation to a responsible person when the officer has determined, through personal observation or after undertaking standard law enforcement investigatory actions, that the person has used or maintained, or permitted the use or maintenance or property on which an alcoholic beverage or tobacco establis hment is located, and/or who has operation or permitted the operation of the business, in a manner that constitutes a public nuisance pursuant to Section 17.42.110. An officer shall not issue an adm inistrative citation to a responsible person when the officer has determined, based on the totality of the circumstances, that said person has taken all reasonable steps to attempt to prevent the nuisance.
1. A responsible person who is present at the property at the time an officer determines the existence of a public nuisance shall be deemed to have actual or constructive knowledge of such nuisance.
2. An owner of the property on which the alcohol ic beverage or tobacco establishment is located, who is not also an operator of the business, may be deemed by an enforcing officer to have actual or constructive knowledge of the nuisance use, condition or activity:
a. If such person has previously been given verbal warning and/or an administrative citation or other written notice concerning the violations; or
b. Based on the totality of the circumstan ces as determined by the enforcing officer.
B. Within 5 days after issuance of a citation, an o fficer shall submit a copy of the citation and a written statement of facts to the city manager. Alternativ ely, the officer may elect to submit the written statement of facts to the city manager, who may then issue the citation.
C. An administrative citation may be personally given to the responsible person, or the responsible person may be served by first class mail to an address which is either:
a. Indicated on any form of identific ation presented to the officer, or b. Discovered by the officer during the course of his or her standard law enforcement investigatory actions.
The date a citation is placed in a U.S. Postal Service mail receptacle shall be the date of service. A declaration of service shall be made by the person mailing the administrative citation showing the date and manner of service by mail and reciting the name and address of the citation addressee. Failure of any responsible person to receive an administrative citation by mail shall not invalidate any citation issued pursuant to this chapter.
D. The citation shall be in a city-approved forma t, and shall include the following information:
1. The date, location and approximate time of the condition and/or activity that constituted a public nuisance pursuant to Section 17.42.110;
2. A brief description of the condition and/or activity that constituted a public nuisance;
3. A statement describing the right to appeal the citation;
4. A statement advising that the fine shall be paid to the city within 30 days from the date of the administrative citation, procedure for payment, and the consequences of failure to pay.
E. The penalty amounts of administrative citations is sued pursuant to this chapter shall be as follows:
1. For the first administrative citation, the penalty shall be $500.00;
2. For the second and any subsequent administr ative citation, the penalty shall be $1,000.00.
F. The failure of any person to pay a penalty assessed by administrative citation within the time specified on the citation constitutes a debt to the city, which may be collected in accordance with Chapter 1.16 or in any other manner allowable by law.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
17.42.180 - Initial review of administrative citation or ability to pay.
A. Request for initial review of administrative citation.
1. A person who has been issued an administrative citation pursuant to this chapter may request an initial review of the citation by the city. The re quest shall be made in writing and shall state the reason(s) that the citation should be dismissed. The requestor shall include a copy of all pertinent evidence. The request must include a mailing address and, if available, an email address to which correspondence related to the request may be sent. The written request for an initial review must be received by the city clerk's office within 14 calendar days from the date of the citation's
issuance. No fee shall be required for filing the request for an initial review. Failure of the city clerk to receive a timely request for an initial review constitutes a waiver of the right to contest the administrative citation; in this event, the citation is final and binding, and payment shall be due within 30 calendar days from the date of the citation's issuance.
2. Upon timely receipt of a written request for an in itial review of the administrative citation, the public services director, development services director, or person designated by either director to act as reviewing officer, shall conduct an initial review of the administrative citation, the written incident report or statement of facts, and the request for review and all evidence submitted with the request. The reviewing officer shall assess whether the evidence shows that the violation occurred and if any extenuating circumstances ex ist that warrant dismissal, and shall make a decision to preliminarily uphold or dismiss the citation. The reviewing officer shall notify the cited person of the decision in writing by mail and/or email within 90 calendar days from the date of receipt of the request for initial review; provided, however, that the public safety director or development services director may extend the ninety-day deadline upon a finding of good cause.
B. Initial review of ability to pay.
1. A cited person, regardless of whether he/she wishes to challenge the citation who believes he/she is unable to pay, may request an initial review of the person's ability to pay. In addition to the written request for review based on ability to pay, a statement of financial worth shall be submitted.
The request must include a mailing address and, if available, an email address to which correspondence related to the request may be sent. The written request for an initial review must be received by the city clerk's office within 14 calendar days from the date of the citation's issuance. No fee shall be required for filing the request for an initial review. Failure of the city clerk to receive a timely request for an initial review constitutes a waiver of the right to challenge the ability to pay. In this event, the citation is final and binding, and payment shall be due within 30 calendar days from the date of the citation's issuance; provided, however, that if the cited person timely filed a request for review of the administr ative citation, the payment of the citation will be due in accordance with the outcome of that initial review and any subsequent proceedings.
2. The statement of financial worth form sha ll include information relating to the cited person's employer, real and tangible personal property, monthly income including federal and/or state benefits, and all monthly financial obligations. T he cited person shall cert ify the content of the statement as to its truth and correctness under penalty of perjury. The cited person shall also sign a release form of that person's most recent federal income tax report.
3. The reviewer, in conference with the director , shall make a determination of whether or not the cited person has the ability to pay the full deposit to appeal an administrative citation based on the information provided in the statement of fi nancial worth, and shall not ify the cited person in writing by mail and/or email within 90 calendar da ys from the date of receipt of the request for initial review; provided, however, that the public safety director or development services director may extend the ninety-day deadline upon a finding of good cause.
4. A person who re quested an initial review solely on the basis of ability to pay, for whom the determination has been made that the person has t he financial ability to pay the full amount of the citation in one payment, shall submit payment of the full amount of the citation within 30 calendar days from the date of the notice of determination of ability to pay.
5. A person for whom the determination has been made that the person does not have the ability to pay the full amount of the citation in one payment, shall, no later than 14 calendar days from the date of the determination, coordinate with the department to establish a payment plan whereby the cited person shall make timely monthly payments until the citation has been paid in full. (Ord. No. 1130, § 4(Exh. A), 5-27-2025)
17.42.190 - Administrative citation hearing.
A. A person whose initial review of an administrat ive citation has resulted in the citation being upheld pursuant to this chapter may contest the citation by filing a written appeal on a city- approved form to the city clerk within 14 calendar da ys from the date of the issuance of the written statement of the results of the initial review. The basis for the appeal must be specified in detail on the appeal form.
The appeal form must include a mailing address and, if available, an email address to which correspondence related to the request may be sent. Failure of the city clerk to receive a timely appeal constitutes a waiver of the right to contest a citation; in this event, the citation is final and binding.
B. A deposit in the amount of the citation must be paid at the time the appeal is filed. A person for whom a determination has been made that the person is unable to pay the full amount of the citation in one payment as set forth in section 17.42.170 B.(5) of this chapter shall tender the first payment of the payment plan established pursuant to that subsection.
C. As soon as practicable after a timely appeal is f iled, the city manager or his/her designee shall fix a date, time and place for a hearing. The hearing shall be conducted by an independent and impartial hearing officer. Written notice of the time and place fo r the hearing shall be served by first class mail and/or email at least 10 calendar days prior to the date of the hearing.
D. An appellant may request, in writing, that the dire ctor reschedule the hearing if the request is made at least 24 hours prior to the hearing. The director shall grant one continuance of the hearing date.
E. Failure of an appellant to appear at the scheduled hearing shall constitute the appellant's waiver of the right to appeal and a forfeiture of the citation amount deposited at the time the appeal was filed.
F. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish, by a preponderan ce of evidence, that the appellant committed the offense that was the basis for the citation. The officer issuing the administrative citation and/or submitting the written incident report or statement of facts shall not be required to appear at the hearing. The hearing officer shall accept testimony by declaration under penalty of perjury relating to the commission of the offense, as set forth in the issuing officer's incident report or statement of facts, and shall consider any other relevant evidence co ncerning the commission of the offense that the public safety director or development services director or his/her designee may present at the hearing.
The hearing officer shall also take the testimony of the appellant, and/or his or her witnesses, will consider any other credible relevant rebuttal evidence the appellant may wish to present. The appellant may represent himself or herself or be represented by anyone of his or her choice, including counsel, at his or her sole expense. The appellant may bring an interpreter to the hearing at his or her sole expense.
G. The hearing officer shall make findings based on t he record of the hearing, and shall prepare a written decision, based on those findings, to uphold or dismiss the citation. A hearing officer may uphold the citation but modify the penalty amount if extenuat ing circumstances warrant a modification in the interest of justice. A copy of the written decisi on shall be served on the appellant by first class mail within 14 days after the hearing. If the citation is di smissed, the city shall refund the amount of the citation deposit to the appellant within 30 days from the date of the decision.
H. The decision of the hearing officer is final and conc lusive, subject only to review by the superior court in accordance with the time limits set forth in Code of Civil Procedure Section 1094.6. (Ord. No. 1130, § 4(Exh. A), 5-27-2025)
17.42.200 - Community service in lieu of payment of penalty.
A. As an alternative to paying the amount of the admi nistrative citation, a cited person may elect to enroll in and perform community service. The amount of the citation shall be reduced for each hour of community service at a rate in accordance with t he state's minimum wage in effect at the time the community service is performed.
B. In the event a person who has enrolled in community service fails or refuses to perform the community service in a timely and appropriate manner, as pr ovided in any applicable rules, regulations, policies
and procedures, the city may cancel the community service agreement and collect any unpaid balance of the administrative citation in any manner authorized by law. (Ord. No. 1130, § 4(Exh. A), 5-27-2025)
17.42.210 - Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
Chapter 17.43 - COMMERCIAL CANNABIS ACTIVITY[8]
Footnotes:
--- (8) ---
Editor's note— Ord. No. 1083, § 1(Exh. A), adopted May 11, 2021, repealed the former Ch. 17.43, §§
17.43.010—17.43.170, and enacted a new Ch. 17.43 as set out herein. The former Ch. 17.43 pertained to similar subject matter and derived from Ord. No. 1053, § 1, 12-11-2018.
17.43.010 - Purpose.
A. The purpose of this c hapter is to regulate all "commercial cannabis activity" in the city, as that term is defined in Section 26001(k) of the Business and Prof essions Code, to the extent authorized by state law and in a manner designed to minimize negative impacts on the city and neighboring uses, and promote the health, safety, morals, and general welfar e of residents and businesses within the city.
The purpose of this chapter is also to align the city's regulation of commercial cannabis activity with applicable state law and to regulate the types of co mmercial cannabis activity permitted under state law. This chapter is enacted specifically in response to the state laws that permit commercial cannabis activity and the objective of this chapter is to minimize its negative impacts.
B. This chapter is further adopted and established pursuant to the specific authority granted to the city in Section 7 of Article XI of the California Consti tution and Division 10 of the Business and Professions Code. This chapter, together with chapter 5.56 and all other applicable law, shall govern all commercial cannabis activity that occurs within the city.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.020 - Relationship to other laws.
In the event of a conflict between the provisions of this chapter and the provisions of any other applicable state or local law, the more restrictive provision shall control. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.030 - Definitions.
A. The following terms shall be defined as follows:
"Adult-use" or "adult-use cannabis" means cannabis or cannabis product that is used or intended to be used by adults who are over twenty-one (21) years of age and who do not possess a physician's recommendation for medicinal cannabis.
"Applicant" means a person applying for a city commercial cannabis license. "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salts, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtain from cannabis. For the purpose of this chapter, "cannabis" does not mean industrial hemp as that term is defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code.
"Cannabis concentrate" means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this chapter. "Cannabis cultivation facility" means a facility wherein cannabis is propagated, planted, grown, harvested, dried, processed, stored, cured, graded, labeled, tagged for tracking or trimmed, or that does all or any combination of those activities. For purposes of this chapter, "cultivation facility" also means and includes stand-alone nurseries and processing facilities. "Cannabis dispensary" or "dispensary" means a premises where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale.
"Cannabis distribution facility" means any facility or location where the primary purpose is the procurement, sale, and transport of cannabis and cannabis products between licensed entities. "Cannabis facility" means collectively any cannabis cultivation, manufacturing, distribution or retail facility, as those terms are defined in this chapter. A "cannabis facility" may be comprised of: all structures located on a parcel operated by a single licensee; one or more buildings operated by a licensee on a parcel that contains other building(s) which are operated by other licensees; or a suite or unit within a building operated by a licensee that contains other suites or units operated by other licensees. For purposes of this chapter, "cannabis facility" and "facility" may be used interchangeably. "Cannabis manufacturing facility" means a facility where the production of cannabis concentrate, or preparation, propagation, compounding and/or packaging of manufactured cannabis is conducted, either directly or indirectly or by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
"Cannabis product," means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. "Cannabis retail facility" means a building, or a suite or unit within a building, in which a licensed cannabis retailer or licensed microbusiness authorized to engage in retail sales displays, offers and/or sells cannabis, cannabis products, or devices for the use of cannabis or cannabis products, either individually or in any combination, for retail sale.
"Canopy" means the total combined indoor area for all locations on a property where cannabis is being cultivated, as measured by the horizontal extent of the plant or combination of plants at the widest point and measured in a straight line. This does not include aisles or walkways. "Cultivation" means any activity involving the propagation, planting, growing, harvesting, drying, curing, processing, storing, packaging, labeling, grading, or trimming of cannabis.
"Delivery" means the commercial transfer of cannabis or cannabis products from a licensed retailer or licensed microbusiness authorized to engage in retail sales to a purchaser. "Delivery" also includes the use by a cannabis facility of any technology platform owned and controlled by the cannabis facility, that enables purchasers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products.
"Delivery employee" means an individual employed by a licensed retailer or licensed microbusiness authorized to engage in retail sales who delivers cannabis goods from the licensed retailer or licensed microbusiness premises to a customer at a physical address. "Distribution" means the procurement, sale, and transport of cannabis and cannabis products between licensed cannabis business entities.
"Edible cannabis product" means manufactured cannabis that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food as defined by Section 109935 of the Health and Safety Code or a drug as defined by Section 109925 of the Health and Safety Code. "Good cause" for purposes of denying, revoking, suspending, or refusing to renew or reinstate a license includes, but is not limited to, the following:
1. The licensee or applicant has violated any of the terms, conditions or provisions of this chapter, of state law, of any regulations and/or rules pr omulgated pursuant to state law, any applicable local rules and/or regulations, or any special terms or conditions placed upon its conditional use permit, state license, and/or city license;
2. The licensed premises have been operated in a m anner that adversely affects the public health, safety or welfare or the safety of the immedi ate neighborhood in which the establishment is located, causes adverse economic impacts, increased crime, increased incidence of communicable disease, increased demand on public safety resources and law enforcement personnel, decreased property values and/or an increase in the number of transients in the area;
3. The licensee or applicant has knowingly made false statements, misrepresentations or material omissions on an application form, renewal form, or any other document submitted to the city;
4. Issuance of the license would impair the heal th, safety or welfare of the public, cause negative impacts to property values, impair the city's abilit y to prevent crime associated with cannabis, and/or impair the city's ability to ensure that cannabis grown remains secure and does not find its way to minors or illicit markets.
5. The applicant or licensee's criminal history does not indicate that the app licant or licensee is of good moral character; or the applicant or licens ee has been convicted of an offense that is substantially related to the qualifications, function s, or duties of the business or profession for which the application is made, or that otherwise indicates that his or her operation of a cannabis facility would pose a hazard to public health and safety;
6. The licensee or applicant is employing or bei ng financed in whole or in part by any person whose criminal history indicates that person is not of good moral character or that otherwise indicates his/her financial interest in a cannabis facility will pose a hazard to public health and safety;
7. The applicant or licensee has failed or refused to allow city officials to inspect security recordings, activity logs, or business records, of the licensed premises;
8. The licensee has failed to adequately reconcile its inventory, such that shortages in its cannabis and/or cannabis product cannot be accounted for in the paper and/or electronic inventory tracking system(s);
9. The applicant or licensee has failed to pay any and all cannabis fees, surcharges, and/or fully adjudicated administrative citations;
10. The applicant or licensee has had a primary or tenant license revoked or has had more than one suspension on its primary or tenant license by the city; or
11. The applicant or licensee operated a cannabis bus iness in violation of this chapter, chapter 5.56, or any other applicable state or local law.
"Indoor cultivation" means the cultivation of cannabis within a permanent structure using exclusively artificial light or within any type of structure using artificial light at a rate above twenty-five watts per square foot.
"Legal parcel" means a parcel of land for which one legal title exists. Where contiguous legal parcels are under common ownership or control, such legal parcels may at the option of the property owner be counted as a single parcel for purposes of this chapter. "Licensee" means a person who has been issued a city license to conduct commercial cannabis activity on premises for which a conditional use permit has been approved. "Manufacturer" means a person that conducts the production, preparation, propagation, or compounding of manufactured cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.
"Medicinal cannabis" or "medicinal cannabis product" means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Section 11362.5 of the Health and Safety Code) by a medicinal cannabis patient in California who possesses a physician's recommendation. For purposes of this chapter, "medicinal" and "medical" may be used interchangeably.
"Mixed-light cultivation" means the cultivation of mature cannabis in a greenhouse, hoophouse, glasshouse, conservatory, hothouse, or other similar structure using a combination of: (1) Natural light and light deprivation and one of the artificial lighting models listed below: (a) "Mixed-light Tier 1" without the use of artificial light or the use of artificial light at a rate above zero, but no more than six watts per square foot; (b) "Mixed-light Tier 2" the use of artificial light at a rate above six and below or equal to twenty-five watts per square foot; or (2) Natural light and one of the artificial lighting models listed below:
(a) "Mixed-light Tier 1" the use of artificial light at a rate above zero, but no more than six watts per square foot; (b) "Mixed-light Tier 2" the use of artificial light at a rate above six and below or equal to twenty-five watts per square foot.
"Nursery" means all activities associated with producing clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis. "Outdoor cultivation" means the cultivation of mature cannabis without the use of artificial lighting or light deprivation in the canopy area at any point in time. Artificial lighting is permissible only to maintain immature plants outside the canopy area.
"Person," as used in this chapter, means and includes any individual, partnership or any kind, corporation, limited liability company, association, joint venture or other organization or entity, however formed.
"Process" or "Processing" mean all activities associated with the drying, curing, grading, trimming, rolling, storing, packaging, and labeling of cannabis or nonmanufactured cannabis products. "Responsible person" means any person, whether as a licensee, property owner, lessee, employee, agent, or otherwise, that allows, causes, creates, maintains, or permits any violation of this chapter, chapter 17.43, or applicable state or local cannabis law or regulation, to exist or continue, by any act or the omission of any act or duty. The actions or inactions of a responsible person's employee, agent, representative or contractor may be attributed to that responsible person. "State law(s)" shall mean and include California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 through 11362.83 (Medical Cannabis Program Act); California Business and Professions Code Sections 26000 through 26231.2 (Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA")), and all other applicable laws of the state of California.
"State license," "license," or "registration" means a state license issued pursuant to MAUCRSA. "State licensing authority" shall mean the Bureau of Cannabis Control within the California Department of Consumer Affairs, the California Department of Public Health, the California Department of Food and Agriculture, or any other state agency responsible for the issuance, renewal, or reinstatement of a license issued under MAUCRSA or the agency authorized to take disciplinary action against such license.
"Testing laboratory" has the same meaning as that term is defined by Section 26001(as) of the Business and Professions Code and shall mean a laboratory, facility or entity that offers or performs tests of cannabis or cannabis products and that is both of the following:
1. Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state;
2. Licensed by the bureau of cannabis control.
B. Words and phrases not specifically defined in this Code shall have the meaning ascribed to them as defined in the following sources:
1. The Compassionate Use Act of 1996 (Califor nia Health and Safety Code Section 11362.5);
2. The Medical Cannabis Program Act (California He alth and Safety Code Sections 11362.7 through 11362.83); and
3. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (California Business and Professions Code Sections 26000 through 26231.2) as may be amended from time to time. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.040 - Permissible cannabis commercial activity; number of permissible facilities.
A. Subject to chapter 5.56 and all other applicable state and local laws and regulations, a person may conduct the following types of commercial canna bis activities subject to the requirements and restrictions set forth in this chapter:
1. Cultivation, including indoor cultivation, mixed-light cultiv ation, and stand-alone nurseries and processing facilities;
2. Manufacturing;
3. Distribution;
4. Retail sales;
5. Delivery, when originating from a retail facility wi thin the city at a location for which a conditional use permit has been approved and whose owner possesses current and valid local and state licenses and permits;
6. Testing laboratories, accredited and lic ensed as required pursuant to MAUCRSA.
B. The maximum number of licenses issued by the city may be limited by written policy prepared and implemented by the city manager, said policy to be distributed to the City Council within ten (10) business days of its promulgation or amendment.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.045 - Prohibited commercial cannabis activity.
It shall be unlawful to engage in commercial cannabis activity in the city except as provided in section 17.43.040 of this chapter.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.050 - Cannabis facilities conditionally permitted.
Cannabis facilities, as defined herein, shall be conditionally permitted within the city, subject to the requirements of this chapter, chapter 5.56 and all other applicable state and local laws. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.060 - License and conditional use permit required to operate.
A. Cannabis facilities shall only be permitted to oper ate in the city following application, investigation, verification, notice and public hearing, approval and issuance of both a license issued by the city in accordance with the criteria and procedures set forth in chapter 5.56 and a conditional use permit issued in accordance with the criteria and procedures set forth in this chapter and any policies, procedures and/or regulations prom ulgated by the city manager to implement the provisions of this chapter and chapter 5.56. No land use entitlement, permit (including building permit) approval, site plan, certificate of occupancy, zoning clearance, or other land use authorization for a cannabis cultivation facility shall be granted, permitted or valid unless a conditional use permit is first obtained and issued under this chapter.
B. All persons who are engaged in or who are attempting to engage in cannabis commercial activity shall do so only in strict compliance with the terms, cond itions, limitations and restrictions of chapter 5.56, this chapter and all other applicable state and local laws and regulations.
C. The city manager is authorized to make polic ies and procedures consistent with this chapter concerning the applications, the application proce ss, the information requ ired of applicants, the application procedures and the administration a nd procedures to be used and followed in the application and hearing process.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.070 - Conditional use permit application process.
A. Prior to initiating operations and as a continuing r equisite to operating a cannabis facility, the applicant shall obtain a conditional use permit under the term s and conditions set forth in this chapter. The applicant shall file an application for a conditional us e permit with the city's development services department on the official form supplied by the city and shall pay the applicable application fee as established by resolution of the city council, as may be amended from time to time. The provisions of chapter 17.32 that govern conditional use permit s generally shall apply to conditional use permits applied for and/or issued under this chapter; provided, however, that to the ext ent of any conflict or inconsistency between chapter 17.32 and this chapter, the provisions of this chapter shall control.
B. An application for a conditional use permit s hall include the information and documents required by the applicable state licensing agency, the requirem ents as specified in the development review application checklist provided by the city, and shall also include at least the following information:
1. Environmental plan. An environmental plan indica ting how cultivation, manufacturing, distribution and/or retail will be conducted in accordance wi th state and local laws related to hazardous material disposal, land conversion, grading, el ectricity usage, water usage, and agricultural discharges.
2. Emergency response plan. An emergency response plan which complies with this Code and the California Fire Code, and sets out standard operating procedures to be followed by all individuals in case of a fire, chemical release, chemical spill, or other emergency.
3. License. Proof that the appl icant has been provisionally approved for a city license for the proposed facility.
4. Context aerial map. An aerial map stating t he distances between the proposed cannabis facility and the nearest residence, school, park and church.
5. Address of cannabis facility. The address of the location of the proposed cannabis facility.
6. Site plan and floor plan. A site plan and floor plan of the proposed cannabis facility denoting all uses of areas of the cannabis facility, includi ng any and all storage, employee areas, exterior lighting, restrooms, security cameras, areas of ingress and egress, signage, limited access areas, and restricted access areas.
7. Interior improvements. Plans and specifications for the interior of the proposed licensed premises if the building to be occupied is in existence at the time of the application. If the building is not in existence or alteration to the building is required at the time of the application, the applicant shall file a plot plan and a detailed sketch for the interior and shall further submit an architect's drawing of the building to be constructed or renovated.
8. Owner and manager information. The name, address, telephone number and email of any person who is an owner, a manager and person respon sible for the day-to-day operations of the proposed cannabis facility.
9. Property owner information and acknowledgement. The name, address, telephone number and email of the person that owns the real property upon which the proposed cannabis facility is to be operated. In the event the applicant does not legal ly own the property, the application must be accompanied by a notarized acknowledgement from the person who owns the property that a cannabis facility will be operated on his or her property.
10. Operating plan. An operating plan for the prop osed cannabis facility that includes at least the following information:
a. A description of the design of the proposed licensed premises evidencing that the design conforms to applicable local and state laws and regulations. b. A detailed description of t he type of cultivation processes to be utilized, including, without limitation, all nutrients, chemicals and other materials. c. A detailed breakdown of square footages for ea ch of the areas dedicated to the cultivation, manufacturing, storage, display and/or sale of cannabis and cannabis related items, as applicable.
d. A specific description of the types of m anufacturing products, activities, extraction and/or infusion methods, packaging, specific equipm ent to be utilized, whether and which volatile solvents will be used, and what percentage of the facility will be used for such activity. e. A description of the source of power (electric utility company, solar, diesel generators), the size of the electrical service or system, and the total demand to be placed on the system by all proposed uses on-site.
f. Verification of all water sources used by the proposed cannabis facility and verification that the proposed cannabis facility does not and will not utilize water that has been or is illegally diverted from any stream, creek, or river.
g. Evidence of compliance with all applicable environmental laws and regulations, including, without limitation, those pertaining to air and water quality. h. Any additional document(s) or informat ion reasonably requested by the city.
11. Security plan. A security plan that, to the satisfaction of the city, addresses how the applicant intends to comply with and implement all r equirements of this chapter, chapter 5.56 and the MAUCRSA, including, but not limited to, a description of how the security measures are sufficient to ensure the safety of on-site managers and employees, protect the proposed licensed premises from diversion and theft, and ensure that all bu ildings where cannabis is cultivated or stored
and/or where cannabis products are manufactured, packaged and stored are secured sufficiently to prevent unauthorized entry.
12. Odor filtration system. Verification that the proposed cannabis facility will be equipped with an odor filtration system that meets the following requirements:
a. A cannabis facility shall install or provi de a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the cannabis facility that is distinctive to its operation is not detected or detectable outside the cannabis facility, anywhere on adjacent property or public rights-of-way, on or about any exterior or interior common area walkways, hallways, breeze-ways, foyers, lobby areas, or any ot her areas available for common use by tenants or the visiting public, or within any other unit located within the same building as the cannabis facility.
b. For enforcement purposes, the standard fo r determining what constitutes an unlawful odor under this subsection shall be whether such an odor would be deemed offensive to a reasonable individual on an ongoing or periodic basis and personally detectable by city staff or law enforcement personnel.
13. Declaration. A statement in writing by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is true and correct.
14. Acknowledgement. Authorization for the city to seek verification of the information contained within the application.
15. Any such additional and further information as is deemed necessary by the city to administer this section or this chapter.
C. The city staff shall review, verify and investi gate all information on the application and prepare a report for the planning commission incorporating the findings of such investigation and verification, including, but not limited to, the suitability of the proposed location, and the applicant's compliance with the requirements of this chapter, chapter 5.56 and all other applicable state and local laws and regulations.
The applicant shall be solely responsible for the co st of any environmental report, study or other document determined by the city to be necessary in or der to process the application. Upon the city's demand, the applicant shall deposit with the city the estimated cost of the environmental report, study or other document determined by the city to be required by applicable law. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.080 - Grounds for denial of conditional use permit.
A. The planning commission shall not hold a public hearing on or approve any application for a conditional use permit to operate a cannabis facility unless th e city has provisionally approved the applicant's license pursuant to chapter 5.56.
B. In addition to the findings set forth in secti on 17.32.090 of this Code, a conditional use permit shall only be granted subject to certain conditions to pr otect the health, safety and general welfare of the neighborhood or community, and subject to the following findings:
1. The cannabis facility as well as all operations as conducted therein, fully comply with all applicable environmental, building, electrical, zoning and fi re codes, accessibilit y requirements of the Americans with Disability Act, and all other applicable local and state laws and regulations; and
2. The cannabis facility complies with and meets all operating criteria requ ired pursuant to state laws, chapter 5.56 of this Code, any other applicab le provisions of this Code, and any specific, additional operating procedures and measures as may be imposed as conditions of approval in the conditional use permit.
C. Following the public hearing, the planning comm ission shall deny an application for a conditional use permit upon making any of the following findings, which shall be made part of the record of the meeting/public hearing:
1. The findings required by section 17.32.090 or subsection B, above, for the granting of a conditional use permit cannot be made; or
2. Good cause, as defined in this chapter.
D. Based on the information set forth in the applicat ion, the staff report presented by city staff and testimony presented at the public hearing, the planning commission may impose reasonable terms and conditions on a proposed cannabis facility in addi tion to those specified in and required to be included in every conditional use permit granted under this chapter. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.090 - Transfer of ownership interest to a new owner, modification of licensed premises and other material changes.
In addition to any requirements in chapter 5.56 of this Code, the following requirements for change of ownership to a new owner, or modification of a cannabis facility apply.
A. Change of ownership interest to a new owne r. A conditional use permit approved in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership interest in the cannabis facility in the same area, configuration, and manner as it was originally approved in compliance with this chapter. Notwithstandi ng anything in this Code to the contrary, a new owner of a facility may not commence operations at the premises until the transfer of ownership interest to a new owner has been approved by the city and the new owner has been issued a primary license.
B. Modification of licensed premises. A cannabis fa cility shall not make physical change, alteration, or modification that materially changes the fa cility from the plans appr oved by the city and/or planning commission without paying the fee establis hed by resolution of the city council and obtaining director's review and approval, and co mplying with any new conditions of approval.
Material changes shall comply with all current building and safety codes as determined by the fire chief and building official. Material changes incl ude, but are not limited to: a decrease in the number of security cameras, the relocation of any security camera included in the security plan approved pursuant to section 17.43.070, an increase or decrease in the total square footage of the licensed premises or the addition, sealing off, or relocation of a wall, common entryway, doorway, or other means of public ingress and/or egress. The city may deny a requested material modification if, in its sole discretion, it deter mines that such modification poses or has the likelihood of posing a hazard to public health, safety or welfare, or will otherwise be detrimental to the neighboring community. Subject to direct or's review and approval, additional permissible commercial cannabis activities may be added to a parcel for which a cannabis conditional use permit has previously been approved.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.100 - Appeals.
Any decision regarding the planning commission's or director's review approval, conditional approval, denial, or revocation or modification of a conditional use permit for a cannabis facility may be appealed to the city council in accordance with the provisions of chapter 2.44 of this Code. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.110 - Permitted zones, distance and size requirements.
A. Permitted zones. Subject to the distance and ot her requirements of this chapter, a cannabis facility may only be located on a property within the light industrial (LI) zone, heavy industrial (HI) zone, or any adopted specific plan that permits industrial uses, and following the application for and granting of a conditional use permit in accordance with this chapter. In addition to the other required findings, the planning commission shall also consider whether a pproval of the proposed facility will violate the minimum requirements set forth in this section.
B. Distance and size requirements.
1. No cannabis facility shall be located within six hundred (600) feet of the following:
a. A religious assembly;
b. A public or private school, college or university (excluding trade schools); c. A residential use or residentially designated property; e. A public park.
2. An applicant for a conditional use permit pursuan t to this chapter may request, in conjunction with the conditional use permit, a waiver of the for egoing distance requirements; provided, however, that no waiver may be requested or shall be gr anted for mixed-light cu ltivation utilizing hoop- houses or similar soft-sided and/or temporary structures. In considering such request, the planning commission may approve a waiver if it makes the following findings:
a. The cannabis facility will serve a specific community need; and b. The distance waiver approved for the facility is not expected to result in an adverse effect on adjacent property, uses or residents.
3. All distances specified in this section sha ll be measured in a straight line, without regard to intervening structures or topography, from the nearest point of the building or structure in which the cannabis facility is, or will be located, to t he nearest property line of the parcel where such use set forth in this subsection B is located.
4. All indoor cultivation/manufacture of cannabi s shall occur in an enclosed locked structure that shall not exceed size limits set by state licensing/regulatory agencies. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.120 - Confidentiality of information.
A. The city's review of information submitted or ma intained pursuant to this chapter shall preserve the confidentiality of all information about applicants, licensees, owners, and employees, to the maximum extent consistent with state and local law. The city shall incur no liability for the inadvertent or negligent disclosure of such information. Disclosure of any applicant or licensee information to the city for purposes of this chapter shall not be deemed a waiver of confidentiality.
B. The city shall treat all financial information pr ovided pursuant to this chapter as financial data in accordance with the California Public Records Act (California Government Code Section 6254(n)).
C. To the extent permitted by la w, recordings from security cameras, as well as operating plans and security plans required by this chapter shall be confidential and shall not be subject to public inspection or disclosure except to authorized city employees.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.130 - Limitations on city's liability.
To the fullest extent permitted by law, the city shall not assume any liability whatsoever, with respect to approving any conditional use permit pursuant to this chapter or the operation of any cannabis facility approved pursuant to this chapter. As a condition of approval of a conditional use permit as provided in this chapter, the applicant or its legal representative shall:
A. Execute an agreement indemnifying the city from any claims, damages, etc., associated with the operation of the facility;
B. Agree to defend, at its sole expense and with co unsel of the city's choice, any action against the city, its agents, officers, and/or employees related to the approval of a primary license; and C. Agree to reimburse the city for any court costs a nd attorney fees that the city may be required to pay as a result of any legal challenge related to the city's approval of a primary license.
D. Expressly acknowledge in writi ng that (i) the city incurs no liabilit y whatsoever as a result of the city's issuance of a license pursuant to chapter 5.56, a conditional use permit pursuant to this chapter and/or approval of the security plan require d by this chapter, (ii) the applicant is aware that engaging in commercial cannabis activity may violate federal law, including, without limitation, the Controlled Substances Act, 21 U.S.C. § 801 et seq., and the applicant assumes all liability for such violation.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.140 - Inspections.
A. Recordings made by security cameras at any cannabis facility shall be made immediately available to the city's public safety department, the city manager, the Los Angeles County Sheriff's Department or their designee upon verbal request for enforcement and/or criminal investigation purposes.
B. The city manager, or his or her designee, la w enforcement officers, city development services department personnel and city public safety personnel and compliance inspectors shall have the right to enter all cannabis facilities from time to time unannounced for the purpose of making reasonable inspections to observe and enforce compliance with this chapter and chapter 5.56. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.150 - Violations and enforcement.
A. Operation of a cannabis cultivation facility in no n-compliance with any conditions of approval or the provisions of this chapter, chapter 5.56, any othe r applicable state or local law or regulation, or condition of any license or permit shall constitute a misdemeanor and upon conviction thereof any violation shall be punishable by a fine not to exceed one thousand dollars ($1,000.00), or by imprisonment for a period of not more than one year, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense.
B. The city may issue an administrative citation to any responsible person, as defined herein, for each violation of this chapter pursuant to the procedures set forth in chapter 9.48; provided, however, that notwithstanding the provisions of subsection 9.48. 060(E), the penalty amounts of administrative citations issued for violations of this chapter shall be as follows, may be amended from time to time by resolution of the city council:
1. For the first violation within a twelve (12) month period, the penalty shall be ten thousand dollars ($10,000.00);
2. For the second and any subsequent violation with in a twelve (12) month period, the penalty shall be twenty thousand dollars ($20,000.00).
C. In lieu of or in addition to the foregoing, the city may collect any and all abatement and related administrative costs pursuant to the provisions of section 8.28.210.
D. The remedies provided herein are not to be c onstrued as exclusive remedies, and in the event of violation or non-compliance, the city may pursue any proceedings or remedies otherwise provided by law. Any administrative citation issued pursuant to this chapter shall not prejudice or adversely affect any other civil, administrative or criminal action t hat may be brought to correct or abate any unlawful nuisance condition or use caused by a licensee, permittee or cannabis facility. A civil or criminal action may be brought concurrently with any other process regarding the same violation.
E. Applicants and licensees shall cooperate with employees and investigators of the city who are conducting inspections or investigations of or per taining to the enforcement of laws and regulations related to this chapter. No applicant or licensee shall by any means interfere with, obstruct or impede the city manager or any member of the city's development services or public safety department, law enforcement personnel, or other city official from exercising his/her duties under the provisions of this chapter and all regulations promulgated pursuant to it. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.160 - Revocation of conditional use permit.
Revocations of a conditional use permit issued under this chapter shall be governed by section
17.32.890, et seq. of this Code. In addition to the grounds for revocation set forth in section 17.32.890, the planning commission and/or the city council may suspend or revoke a conditional use permit if the planning commission and/or the city council find:
A. Good cause;
B. The building, structure, equipment, location or manner of operation of such business does not comply with the requirements of or fails to meet the standards of the health, zoning, fire and safety laws of the state and ordinances of the city applicable to such business operations; or C. The cannabis facility has failed to comply with this chapter or any condition of approval or a circumstance or situation has been created t hat would have permitted the planning commission to initially deny the conditional use permit, including, but not limited to, failure to comply with the operating plan or safety plan approved pursuant to section 5.56.070. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.170 - Public nuisance.
A. It is unlawful and shall constitute a public nui sance to engage in or conduct any commercial cannabis activity in violation of this chapter, chapter 5.56 or any other applicable local or state law or regulation, or condition of a license or permit.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.180 - Regulations.
The city manager is authorized to promulgate such regulations as may be necessary or convenient to implement this chapter.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
17.43.190 - Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one (1) or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
Chapter 17.44 - CONTINUATION, PENDING PROCEEDINGS AND REPEALS
17.44.010 - Continuation of existing law.
The provisions of this title insofar as they are substantially the same as the provisions of any ordinance or portions of any ordinance repealed by the ordinance codified in this title shall be construed as restatements and continuation thereof, and not as new enactments. (Prior zoning ord. § 801)
17.44.020 - Pending proceedings not affected.
No hearing or other proceeding initiated or commenced prior to November 5, 1971, and no right accrued, is affected either by amendments to this title effective on said November 5, 1971, or by the provisions of this title, but all proceedings thereafter taken shall conform to the provisions of this title so far as possible. Where the commission prior to said November 5, 1971, has recommended the granting, denial, revocation or modification of any permit, exception, license, or other approval, to the city council, the said council may act upon such recommendation either before or after November 5, 1971. In all other cases the commission shall grant, deny, revoke or modify as now provided in this title even if the action was initiated prior to November 5, 1971.
(Prior zoning ord. § 802)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
17.44.030 - Pending proceedings.
If, prior to November 5, 1971, an application for an exception has been heard by the board of supervisors, commission or zoning board but has not been decided on November 5, 1971, the city council and commission may, where applicable, consider the case as either an application for a variance or for a conditional use permit, and shall decide or recommend pursuant to the provisions of this title as they now exist.
(Prior zoning ord. § 803)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
17.44.040 - Rights under existing approval not affected.
No rights given by any permit, license or other approval under any ordinance repealed by the ordinance codified in this title are affected by such repeal, but such rights shall hereafter be exercised according to the provisions of this title.
(Prior zoning ord. § 804)
17.44.050 - Prior approval of permits and maps.
No rights given by any permit or tentative map approval, or existing extension thereof, under any ordinance in effect prior to the effective date of this amendment shall be affected by this amendment. (Prior zoning ord. § 804.1)
17.44.060 - Conviction of crime.
Any conviction for a crime under any ordinance which is repealed by the ordinance codified in this title, which crime is continued as a public offense by this title, constitutes a conviction under this title for any purpose for which it constituted a conviction under such repealed ordinance. (Prior zoning ord. § 805)
17.44.070 - Repeals.
Ordinance No. 219 entitled "An Ordinance Regulating the Storage and Transportation of Explosives in the County of Los Angeles," adopted October 11, 1909; Ordinance No. 1454, entitled "An Ordinance Regulating the Establishment and Maintenance of Rock Quarries, Sand and Gravel Pits and Rock Crushing Plants in the County of Los Angeles," adopted March 14, 1927; Ordinance No. 1473 (New series) entitled "An Ordinance Providing for the Creation in the Unincorporated Area of the County of Los Angeles of Seven Zones Prescribing the Classes of Uses of Buildings, Structures, Improvements and Premises in Said Several Zones and Providing a Penalty for the Violation Thereof," adopted May 2, 1927; Ordinance No. 2179, entitled "An Ordinance Providing for a Comprehensive Scheme of Building Line Restrictions in the Unincorporated Territory of the County of Los Angeles," adopted November 2, 1932; Ordinance No. 2854, entitled "An Ordinance Regulating the Establishment, Maintenance and Extension of Cemeteries in the County of Los Angeles, Providing for the Issuance of Permits Therefor, and Providing Penalties for the Violation Thereof," adopted January 20, 1937; and Ordinance No. 5070, entitled "An Ordinance Temporarily Restricting and Regulating Residential Construction, Occupation and Use in the Laguna Domingues Area, Pending the Adoption of Permanent Official Plans of the Master Plan of Land Use," adopted February 17, 1948, are repealed.
(Prior zoning ord. § 806)
17.44.080 - No revival of repealed ordinances.
The repeal of said Ordinance No. 2854 does not revive Ordinance No. 927, New Series, entitled "An Ordinance Prohibiting the Establishment of Certain Institutions in Certain Localities in the County of Los Angeles," adopted October 1, 1923, nor any other ordinance or portion thereof repealed by said Ordinance No. 2854.
(Prior zoning ord. § 807)
17.44.090 - Zone exception modifying standards deemed variance.
Where a zone exception granted by action of the commission or board of supervisors prior to said November 5, 1971, may be granted as a variance under the present provisions of this title, it shall be deemed a variance.
(Prior zoning ord. § 808)
17.44.100 - Status of zone exceptions other than standards.
In all cases other than as provided in Section 17.44.090 where a zone exception was granted by action of the commission or the board of supervisors prior to November 5, 1971, such use shall be considered a nonconforming use under the provisions of this title provided:
A. That such uses shall remain in compliance with and subject to all limitations and conditions imposed by such grant; and
B. That all provisions governing nonconforming uses not in conflict with the limitations and conditions of such grant, shall apply.
(Prior zoning ord. § 809)
Chapter 17.45 - COLLECTION BINS
17.45.010 - Title.
This Chapter shall be known as the City of Lancaster's Collection Bins ordinance. (Ord. No. 1098, § 3(Exh. A), 1-24-2023)
17.45.020 - Findings and declaration.
The city council finds and declares as follows:
A. The unregulated presence of collection bins, sometimes called donation bins, on private property often leads to bins encroaching on public right s-of-way, which poses a significant hazard to vehicular and pedestrian safety.
B. Additionally, many collection bins are not regul arly maintained or monitored, which results in donated items overflowing out of the bins, creating a visual blight and providing a harborage for vermin. The presence of overflowing bins and/or a proliferation of bins in a concentrated area can create the appearance of an informal dumping area and attract unintended items such as couches, appliances, and electronics. Unattended and unmaintained bins are frequently targets for graffiti and other vandalism, which further leads to blight.
C. It is the purpose and intent of the city counc il to protect public health, safety and general welfare by establishing narrowly tailored and reasonable time, place and manner regulations to ensure the proper, safe and sanitary location and maintenance of collection bins in the city. (Ord. No. 1098, § 3(Exh. A), 1-24-2023)
17.45.030 - Definitions.
As used in this Chapter, the following words and phrases have the meanings set forth below:
"City manager" means the city manager of the city of Lancaster, or his or her designee. "Code" means the Lancaster Municipal Code.
"Collection bin" or "bin" means an unattended box, receptacle or similar device used for soliciting and collecting donations of salvageable personal property, whether for charitable purposes by a non-profit organization or for profit by a for-profit entity.
"Person" as used in this Chapter, means and includes any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization or entity, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons. "Person" also includes any public entity or agency that acts as an owner in the city. "Responsible person" means any person, whether as an owner or tenant/lessee of private property or otherwise, that allows, causes, creates, maintains, or permits a nuisance collection bin to exist on or adjacent to their premises, by any act or the omission of any act or duty. The actions or inactions of a responsible person's agent, employee, representative or property manager may be attributed to that responsible person.
"Salvageable personal property" means new or used items such as clothing, shoes, books, and miscellaneous household items.
(Ord. No. 1098, § 3(Exh. A), 1-24-2023)
17.45.040 - Director's review and approval required.
It is unlawful for any person to store, maintain, or allow a collection bin without having first obtained a director's review and approval. A person must have an approval in good standing at all times a collection bin is on a person's premises.
(Ord. No. 1098, § 3(Exh. A), 1-24-2023)
17.45.050 - Application for director's review; denial, revocation, conditioning; obtaining approval for bins currently on property.
A. A person seeking to store, maintain or allow a collection bin on his/her property shall submit an application for a director's review in accordance with the provisions set forth in Chapter 17.32, Article VI of this code.
B. The application review and approval, denial, condi tioning, suspension and/or revocation processes, and all administrative remedies, shall be in accordance with Chapter 17.32. An approval is also subject to modification or denial if the information submi tted pursuant to subsection C. of this Section is incomplete or does not reflect that the placement or maintenance of the collection bin will comply with the standards set forth in this Chapter. Further, an approval may be denied or revoked in the event of any of the following conditions:
1. The property has contained graffiti within 6 m onths prior to the application submittal that has not been timely removed in accordance with this code;
2. The property has had conditions or uses in vi olation of the Lancaster Municipal Code within 6 months prior to the application submittal which were not timely corrected or abated in accordance with a notice of violation, administrative citation, or compliance letter;
3. The applicant has been found to be in violati on of the requirements of this Chapter within one year of the application submittal.
C. In addition to the requirements set forth in Chap ter 17.32, Article VI, the applicant shall also submit the following information/documentation, which is subject to the approval, modification and/or denial of the city manager:
1. The collection bin operator's contact informat ion, including name, addr ess, email, website (if available), and telephone number.
2. If the operator holds itself out as a non-profit organization, a statement that it meets the definition of nonprofit organization in Section 501(c)(3) of the United States Internal Revenue Code or Section 150(c) of the California Welfare and Institutions Code.
3. If the operator holds itself out as a for-profit organization, a statement that it holds a valid certificate of good standing issued by the California Secretary of State.
4. If the operator and the owner of the lot on which the collection bin will be located are the same person or entity, written acknowledgment that t he operator understands that they are liable for violations of this subdivision. If the operator an d the owner of the lot on which the collection bin will be located are different perso ns or entities, written acknow ledgment signed by both parties that both understand that they are jointly and severally liable for violations of this subdivision.
5. A site plan identifying the following:
i. Boundaries of the parcel on which the bin will be located; ii. Location of all structures on the parcel;
iii. Proposed bin location;
iv. Distance from the proposed bin location to the lot lines and the nearest structures on the parcel;
v. Locations and dimensions of all existing and proposed driveways, landscaped areas, easements, and parking space on the parcel.
6. Diagram and/or description of the bin including the height, width, depth, and general appearance of the bin, and the materials of which the bin is fabricated.
7. Diagram and/or description of the proposed locking mechanism.
8. Description of the maintenance plan, including the pick-up schedule to be not less than weekly, and graffiti, litter and trash removal on and around the collection bin;
9. Any other information regarding time, plac e and manner of the collection bin's operation, placement, and maintenance that the city manager deems reasonably necessary to evaluate the proposal's consistency with the requirements of this Chapter.
D. A person on whose property a collection bin is alread y located as of the effective date of this ordinance shall legalize the bin by applying for and obtaining di rector's review and approval as set forth in this Section, or shall remove the bin from the premises, within sixty (60) calendar days from the effective date of this ordinance.
(Ord. No. 1098, § 3(Exh. A), 1-24-2023)
17.45.060 - Location, distance requirements of collection bins.
A. Collection bins are permissible only commerci ally zoned property on which at least one currently licensed business is operating.
B. No collection bin shall be located within the following distances:
1. 20 feet of any public right-of-way;
2. 10 feet of any lot line adjoining another lot;
3. 100 feet of a residentially zoned parcel.
C. No collection bin shall be located on or within the following:
1. The public right-of-way, including alleys and sidewalks;
2. Any area designated for landscaping.
D. No collection bin shall be located in, or block or impede access to any of the following:
1. Required parking or driveway areas;
2. Pedestrian routes;
3. Emergency vehicle routes;
4. Building ingress and egress;
5. Required accessibility routes;
6. Required easements;
7. Trash enclosure areas or access to trash bins or trash enclosures;
8. Any place that would impede the functioning of ex haust, ventilation or fire extinguishing systems.
E. No more than one collection bin shall be located on any lot. (Ord. No. 1098, § 3(Exh. A), 1-24-2023)
17.45.070 - Physical attributes.
A. Collection bins shall be fabricated of durable and waterproof materials.
B. Bins shall be placed on a paved, non-sloping surface.
C. Bins shall have a tamper-resistant locking mechanism.
D. Bins shall not exceed dimensions of 80 inches in height, 50 inches in depth, and 60 inches in width.
E. Collection bins shall be provid ed a light source to provide illumination between sunset and sunrise.
F. Bins shall have the following information conspicuou sly displayed in at least two-inch type visible from the front of the collection bin:
1. Bin operator's name, 24-hour telephone numbe r, and address of the lo t on which the bin is licensed to be located;
2. A statement that no material sha ll be left outside the collection bin;
3. A statement that either reads "this coll ection bin is owned and operated by a for-profit organization" and that clearly describes the charitable cause that will benefit from the donations, or "this collection bin is owned and operated by a nonprofit organization" and that clearly states "this donation is not tax deductible."
(Ord. No. 1098, § 3(Exh. A), 1-24-2023)
17.45.080 - Operational and maintenance standards.
A. Collection bins shall be maintained in good work ing order, and free from graffiti, removed or damaged requisite signs and notifications, peeling paint, rust, and broken collection operating mechanisms.
B. No overflow collection items, litter, debris or dumped materials shall be allowed to accumulate within 20 feet of any collection bin.
C. Collection bins shall be serviced not less than weekly. Servicing includes removal of the collected items, maintenance of the bin, and abatement of any graffiti, litter or other nuisance conditions in, on or around the collection bin.
D. The operator shall maintain an active email address and a telephone with 24-hour recording capability for the public to register complaints.
E. Any conditions that are in violation of this Ch apter must be abated or corrected within 48 hours of being reported to bin operator and/or property owner.
(Ord. No. 1098, § 3(Exh. A), 1-24-2023)
17.45.090 - Violation; public nuisance; penalty; administrative citations.
A. The city council finds and declares that it is un lawful for any responsible person, as defined in this Chapter, to allow, cause, create, suffer or permit t he presence of a collection bin on or around his or her property in a location or manner that is in violation of this Chapter.
B. The city council finds and declares that a collecti on bin that does not fully comply with this Chapter constitutes a public nuisance subject to abatement.
C. Any person violating the provisions of this Chap ter is subject to the penalty provisions set forth in Chapter 1.12.
D. A responsible person violating the provisions of this Chapter may additionally be issued an administrative citation in accordance with the provisions set forth in Chapter 1.16. (Ord. No. 1098, § 3(Exh. A), 1-24-2023)
17.45.100 - Abatement; emergency abatement of an imminently hazardous collection bin.
A. The city manager may cause a nuisance collection bin to be abated, in accordance with the procedures set forth in Chapter 8.28 of this code.
B. The city council finds and declares that a collect ion bin that has encroached into the public right-of- way, including alleys and sidewalks, constitutes a significant hazard to pedestrians and vehicles and therefore is deemed an imminent public safety haza rd. The city manager is authorized to utilize the procedures set forth in Section 8.28.170 of this code for the emergency abatement of such a bin. (Ord. No. 1098, § 3(Exh. A), 1-24-2023)
17.45.110 - Remedies not exclusive.
A. Any administrative citation pursuant to this Chap ter shall not prejudice or adversely affect any other civil, administrative or criminal action that may be brought to abate a nuisance collection bin or to seek compensation for damages suffered. A criminal or civil action may be brought concurrently with any other process regarding the same violation.
B. A nuisance collection bin may be abated through the revocation or suspension of the director's review approval, in accordance with the provisions set forth in Chapter 17.32, Article VIII of this code. (Ord. No. 1098, § 3(Exh. A), 1-24-2023)
17.45.120 - Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this Chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The city council declares that it would have adopted this Chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
(Ord. No. 1098, § 3(Exh. A), 1-24-2023)
Chapter 17.04 - GENERAL PROVISIONS
17.04.010 - Adoption by reference of the county zoning ordinance.
Except as hereinafter provided, that certain zoning ordinance of the county of Los Angeles, known as Ordinance No. 1494, as amended, and in full force and effect on May 7, 1979, is adopted as the zoning ordinance of the city of Lancaster, to provide for the creation within the city of zones and prescribing area requirements and classes of uses of buildings, structures, improvements and premises in the zones referred to therein.
Three copies of the Los Angeles County zoning ordinance have been deposited in the office of the city clerk of the city of Lancaster and shall be at all times maintained by the clerk for the use and examination by the public.
(Prior code § 9-1.1)
17.04.020 - Reserved.
Editor's note— Ord. No. 1130, § 4(Exh. A), adopted May 27, 2025, repealed § 17.04.020, which pertained to substitution of certain terms and derived from Prior code § 9-1.2.
17.04.030 - Area designated.
Whenever in Ordinance No. 1494 reference is made to the unincorporated area of the county of Los Angeles, such area shall be deemed to be the area included within the boundaries of the city of Lancaster.
(Prior code § 9-1.3)
17.04.040 - Interim zoning.
This chapter is adopted as a temporary interim zoning ordinance. The city planning commission and the city attorney are directed to prepare or cause to be prepared a zoning ordinance to be presented to the city council for its adoption. Until such ordinance can be prepared and adopted, no building permit or other permit shall be issued by any officer of the city for any building, structure or use of any real property in the city, which building, structure or use is or would be in conflict with or in violation of said zoning ordinance of the county of Los Angeles, as it was in effect and applicable to that area of said county now incorporated and known as the city of Lancaster on the date immediately preceding the date of incorporation of said city, or as the same may have been amended between said date of incorporation and May 7, 1979, or as the same may hereafter be amended by this city council. Any permit issued contrary to the provisions of this ordinance shall be void. There is no intent to alter or amend any other amendments adopted by the city council to the zoning ordinance from date of incorporation. (Prior code § 9-1.4)
17.04.050 - Zoning map adopted.
Due to the conditions referred to in Section 17.04.040, the city council further adopts as a temporary interim zoning map for the city, the zoning map for the county of Los Angeles which has until the incorporation of this city governed the zoning of the area within the city. The zoning shown on said map of all property formerly in the county and now within the city shall be, and is declared to be, the zoning of
such property now that it is within the city, and governed according to classification by the zoning ordinance of the county of Los Angeles as referred to in Section 17.04.040. (Prior code § 9-1.5)
17.04.060 - Highway master plan adoption.
The council further adopts the master plan of highways of the county of Los Angeles, insofar as it affected the area now within the city of Lancaster before incorporation, the intention of this section being that the said master plan shall have the same effect on the area as it did before incorporation. The city clerk is directed to keep on file in his office for use by the public 3 copies of the master plan of the highways of Los Angeles County.
(Prior code § 9-1.6)
17.04.070 - Continuation of previously issued variances and permits.
All variances, special permits, conditional use permits, exceptions and similar permits granted by the regional planning commission or the board of supervisors of Los Angeles County and validly in effect on the date of incorporation of the city of Lancaster, are approved, ratified and confirmed as to the entire premises to which the same relate with the same force and effect as if the same were reissued as of said date of incorporation in accordance with the provisions thereof. (Prior code § 9-1.7)
17.04.080 - Providing ten-day notice prior to public hearings—Enactment.
This section is enacted pursuant to Section 65854 of the Government Code of the state of California.
The convenience, health, safety and welfare of the citizens of the city of Lancaster are served by amending Chapter 6, Article 3, Section 631 of the zoning ordinance (Section 17.36.020 of this code) to provide for a minimum 10-day notification of public hearing prior to any such hearing. (Prior code § 9-1.10)
17.04.090 - Short title.
This title shall be known as, and may be cited as "The Zoning Ordinance of the City of Lancaster." (Prior zoning ord. § 100.1)
17.04.100 - List of zones.
In order to implement the adopted city general plan and pertinent goals, objectives, policies, and programs thereof pursuant to Chapters 3 and 4 of Title 7 of the Government Code, the Planning Law, or any statutes superseding those chapters; to protect the public health, safety, and general welfare of the visitors to and residents of the city; to regulate the use of buildings, structures, and land for residential, commercial, industrial and institutional purposes; to regulate location, height, bulk, and area covered by buildings and structures; and to control lot size, yards, intensity of land use, signs and off-street parking, the incorporated area of the city is divided into the following zones:
R Zones—Residential
RR Zone—Rural Residential
SRR Zone—Semirural Residential
R Zone—General Residential
MDR Zone—Moderate Density Residential
HDR Zone—High Density Residential
MHP Zone—Mobilehome Park
C Zone—General Commercial
CPD Zone—Commercial Planned Development
H Zone—Hospital
OP Zone—Office Professional
I Zones—Industrial
LI Zone—Light Industrial
HI Zone—Heavy Industrial
O Zone—Open Space
SP Zone—Specific Plan
P Zone—Public Use
MU Zones—Mixed Use
MU-N—Mixed Use-Neighborhood
MU-C—Mixed Use-Commercial
MU-E—Mixed Use-Employment
MU-TOD—Mixed Use-Transit Oriented Development
(Ord. 743.1 § 2, 1998; Ord. 743 § 2, 1998; Ord. 651 § 1, 1993; Ord. 647 § 1, 1993; prior zoning ord. § 101)
(Ord. No. 945, § 2, 7-13-2010; Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.04.110 - Combining zone.
Zone ( ) -VM (Vegetative Management)—For every zone listed in Section 17.04.100 an additional zone designated by the symbol -VM in combination with the respective zoning symbol in Section
17.04.100 is established.
(Prior zoning ord. § 101.3)
17.04.120 - Purpose.
It is declared that in the creation of the respective zones set forth in this title, the city council has given due consideration to the suitability of each such zone created for the particular uses contained therein, the area requirements, density of land occupancy and the necessary, proper and comprehensive groupings and arrangements of industry, commerce, and the population of the city in accordance with the adopted general plan of the city.
(Prior zoning ord. § 102)
17.04.130 - References to ordinances and state statutes.
Any reference to an ordinance or state statute shall mean that ordinance or statute as amended from time to time.
(Prior zoning ord. § 103)
17.04.140 - Title requirements as minimums.
In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. (Prior zoning ord. § 105)
17.04.150 - Replacement of other ordinances.
The provisions of the ordinance codified in this title shall not be deemed or construed to repeal, amend, modify, alter or change any other ordinance or any part thereof not specifically repealed, amended, modified, altered or changed herein, except in such particulars or matters as this title is more restrictive than such other ordinances or part thereof; and that in all particulars wherein this title is not more restrictive each such other ordinance shall continue and shall be in full force and effect. (Prior zoning ord. § 106)
17.04.160 - Assumption of power or duty by public officer.
Whenever a power is granted to, or a duty imposed upon, a public officer by this title, the power may be exercised or the duty may be performed by the commission, a deputy of the officer or a person authorized pursuant to law or ordinance by the officer, unless this title expressly provides otherwise. (Prior zoning ord. § 107)
17.04.170 - Delegation of power or duty by commission.
Whenever by ordinance an administrative power is granted to, or an administrative duty imposed upon the commission, the commission may instruct the director to exercise such administrative power or perform such administrative duty. The director shall exercise all such powers, and perform all such duties as he is instructed to do by the commission.
(Prior zoning ord. § 107.5)
17.04.180 - Tenses.
The present tense includes the past and future tenses, and the future the present. (Prior zoning ord. § 109)
17.04.190 - Gender.
The masculine gender includes the feminine and neuter.
(Prior zoning ord. § 110)
17.04.200 - Plural or singular.
The singular number includes the plural, and the plural the singular. (Prior zoning ord. § 111)
17.04.210 - Severability.
If any provisions of this title, or the application thereof to any person or circumstance is held invalid, the remainder of the title, and the application of such provision to other persons or circumstances, shall not be affected thereby.
(Prior zoning ord. § 112)
17.04.220 - Violation—Penalty.
Every person violating any provision of this title or any entitlement, permit, license, or exception granted hereunder is guilty of a violation of this code as specified in Chapter 1.12 of this code. (Ord. 711 § 2, 1995: prior zoning ord. § 113)
17.04.230 - Administration of use classifications.
A. In determining compliance with the provisions of th is title as it applies to the uses enumerated in the various zones, each principal use shall be considered a separate use of land provided:
1. The accessory uses, buildings and structures shall be deemed an integral part of each principal use; and
2. That more than one principal use may be plac ed on a single lot or parcel of land where not in conflict with other provisions of this title.
B. The director shall determine whether a use, building or structure may be considered accessory pursuant to the definitions contained in this title provided, however, that where disagreement arises between said director and an applicant, the commission shall make such determination. (Prior zoning ord. § 114)
17.04.235 - Reserved.
Editor's note— Ord. No. 1019, § 3, adopted February 28, 2017, repealed § 17.04.235, which pertained to medical marijuana dispensaries, cultivation and delivery, and derived from Ord. No. 1012, § 1, adopted February 9, 2016.
17.04.240 - Definitions.
Unless otherwise provided in this title, the definitions established in this section shall apply wherever such terms are used in this title, whether or not such terms are capitalized. Note: Definitions which are found in Title 16 also apply to the same terms as they are used within this title. "Accessory building or structure" means a detached subordinate building or structure, the use of which is customarily incidental to that of the main building or to the main use of the land, and which is located in the same or a less restrictive zone and on the same lot or parcel of land with the main building or use.
"Accessory dwelling unit (ADU)" shall have the meaning in subsection 17.41.012.A. "Accessory dwelling unit, junior (JADU)" shall have the meaning in subsection 17.41.012.E. "Accessory use" means a use customarily incidental to, related and clearly subordinate to a principal use established on the same lot or parcel of land, which accessory use does not alter said principal use nor serve property other than the lot or parcel of land on which the principal use is located. "Adjacent" means 2 or more lots or parcels of land either adjoining or separated only by an alley, street, highway or recorded easement.
"Adjoining" means 2 or more lots or parcels of land sharing a common boundary line, or 2 or more objects in contact with each other. Lots or parcels of land which touch at corners only shall not be deemed adjoining. "Abut" or "abutting" and "contiguous" mean the same as adjoining. "Adult" means a person who is 18 years of age or older. "Affordability" means the economic feasibility to construct lower-income housing in the proposed development.
"Affordable housing" means housing as defined in Section 65589.5(h)(2) of the Health and Safety Code.
"Aircraft" means any contrivance, now known or hereafter invented, for use or designed for navigation of or flight in the air.
"Airport" means any area of land or water which is used or intended to be used for the landing and taking off of aircraft and any appurtenant areas used or intended to be used for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon. Airport includes heliport, helistop and landing strip.
"Alternative fuel" means biological materials, coal-derived liquids, electricity, ethanol, hydrogen, methanol, natural gas, propane and any other fuel that the Secretary of Energy finds to be substantially not petroleum and which would yield substantial energy security benefits and substantial environmental benefits. Reformulated gasoline or other fuel derived from crude oil is not considered an alternative fuel. (From Federal Energy Policy Act of 1992).
"Alternative fuel vehicle" means motor vehicles that run on fuels other than petroleum-based fuels.
As defined by the National Energy Policy Act (EPACT), this excludes reformulated gasoline as an alternative fuel.
"Amphitheater" means unroofed or partially enclosed building or structure used for public assembly and/or entertainment including sports events, theatrical performances, concerts and recitals, circuses, stock shows and conventions. "Amphitheater" shall include stadium, sports arena and outdoor theater, but shall not include an entertainment park or its accessory buildings or structures.
"Antenna" means a device used in wireless communications which radiates and/or receives commercial cellular, personal communication service, and/or data radio signals. "Antenna" shall not include any satellite dish antenna or any antenna utilized for amateur radio, citizens band radio, television, AM/FM, or shortwave radio reception purposes. "Apartment, bachelor" means a dwelling unit in an apartment house, that combines sleeping, living, cooking and dining facilities into one habitable room. "Light housekeeping room" shall mean the same as bachelor apartment.
"Apartment, efficiency" means a dwelling unit in an apartment house, that combines sleeping, living, cooking and dining facilities into 2 habitable rooms, one of which shall be a kitchen. "Single apartment" and "efficiency living unit" mean the same as efficiency apartment. "Apartment, one-bedroom" means a dwelling unit in an apartment house, that contains a maximum of 3 habitable rooms, one of which shall be a kitchen.
"Apartment, two or more bedroom" means a dwelling unit in an apartment house that contains more than 3 habitable rooms.
"Area, net" means the total area within the lot lines of a lot or parcel of land after public street easements or other areas to be dedicated or reserved for public uses are deducted from such lot or parcel. Does not include trails easement, or landscape easement for lots of less than 7,000 square feet. "Automobile dismantling yard" means any premises used for the dismantling or wrecking of motor vehicles and trailers required to be registered under the Vehicle Code of the state of California including the buying, selling or dealing in such vehicles or integral parts or component materials thereof, and the storage, sale or dumping of dismantled, partially dismantled or wrecked inoperative vehicles and trailers.
Automobile dismantling shall not include the incidental storage of inoperative or disabled vehicles in connection with the legal operation of an automobile repair garage or automobile body and fender repair shop.
"Automobile impound yard" means any premises used for the temporary storage of vehicles which have been legally removed or impounded at the direction of a peace officer or by judicial order from public or private property as prescribed by law.
"Automobile parking space," as used in this title, means any permanently maintained space on the same lot or parcel of land as is located the structure it is designed to serve, so located and arranged as to permit the storage of, and be readily accessible under its own power to, a passenger automobile of average size. "Automobile storage space" means automobile parking space. "Automobile repair" means general repair including but not limited to replacement of parts, engine and transmission rebuilding, electronic diagnosis, brakes and alignment, muffler and exhaust replacement, radiator repair or replacement, reconditioning and restoration; maintenance including tune up, oil change, and lubrication; damage repair including but not limited to body work, frame repair, upholstery and painting.
"Automobile service station" means uses where the primary business is the sale of motor vehicle fuels (including but not limited to alternative fuels such as compressed natural gas (CNG), liquified petroleum gas (LPG), and electric recharging stations), lubricants and other refined petroleum products, and automobile accessories such as tires, batteries, windshield wiper blades and other incidental auto parts, and may also offer minor automobile repair services, but not convenience items such as food or drink other than from vending machines.
"Basement" means that portion of a building between floor and ceiling, which is partly below and partly above grade (as defined in this section), but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling. "Biosolid material" shall have the same meaning as "Sludge." "Borrow pit" means the same as quarry.
"Buildable area" means that portion of the lot remaining after deducting all required setbacks from the lot when considered in conjunction with maximum lot coverage. "Building" means any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals, chattels or property of any kind. "Building and safety official" means the building and safety official of the city. "Building, enclosed" means a building enclosed on all sides. "Building-mounted" means mounted to the side of a building, to the façade of a building, or to the side of another structure such as a water tank, church steeple, freestanding sign, utility tower, light pole, or similar structure, but not to include the roof of any structure. "Campground" means a lot or parcel of land designed or used for tent camping including picnic areas, but excluding any structures for permanent human occupancy. "Caretaker" means:
1. A person employed by and residing on the premises of an employer; or
2. The owner of any commercial/industrial enterpr ise or a member of his immediate family who assumes the primary responsibility for the necessary repair, maintenance, supervision or security of the real or personal property of the employ er or owner which is located on the same or contiguous lots or parcels of land.
"Cargo container" means and includes, without limitation, a pre-manufactured, assembled reusable structure, typically made of metal but which can be made of other materials, that is delivered to a property in the city for use by an owner, occupant or licensed contractor as storage for construction materials and equipment, household items or other personal property. "Cargo container" includes, without limitation, vessels designed for packing, shipping or transportation of freight, articles, goods or commodities, and includes containers that are designed for and capable of being moved by railcar, motor vehicle, or ship. "Cargo container" does not include a storage shed or other structure that is or may be assembled at a property.
"Cellar" means that portion of a building between floor and ceiling which is wholly or partly below grade (as defined in this section) and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling. "Cellular" means an analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites.
"Centerline" means where reference is made to the centerline of any parkway, major or secondary highway, such centerline is deemed to be the centerline established by the county engineer for any proposed or dedicated public way which, in whole or in part, is included in any such parkway, major or secondary highway. Said established centerlines are those shown on a series of maps entitled "County Surveyor's Maps" or "County Surveyor's Filed Maps" on file in the office of the county engineer, except that, where two or more such centerlines are shown on any map in said series of maps, the centerline labeled "Proposed Centerline" is deemed to be the centerline of the parkway, major or secondary highway.
"Chapter" means a chapter of this title unless some other ordinance or statute is mentioned. "City" means the city of Lancaster.
"City engineer" means the city engineer of the city. The functions of the city engineer may be performed by the Director of Public Works.
"Clean fuel vehicle" shall have the same meaning as stated in division 1 of the Motor Vehicle Code of California.
"Co-located facilities" means wireless telecommunication devices that are attached to existing telecommunication towers or other existing structures such as light standards and power poles.
"Commercial coach" means a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional or commercial purposes, which is required to be moved under permit and shall include a trailer coach as defined in Section 18001.8 of the Health and Safety Code.
"Commercial parking lot or building" means a parking area or structure established or operated as a business, providing off-street parking for a fee or charge. "Commission" means the planning commission of the city of Lancaster. "Communication equipment building" means a building housing operating electrical and mechanical equipment necessary for the conducting of a public utility communications business, with or without personnel.
"Community care facility" means any State licensed facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically, handicapped, mentally impaired, incompetent persons, and abused or neglected children and includes those types of facilities defined in section 1502 of the State Health and Safety Code. "Consignment store" means a store which, for a mutually agreed upon method of compensation, accepts new or used merchandise to sell on behalf of the owner. "Dairy" means any place or premises upon which milk is produced for sale or other distribution and where 3 or more cows or 7 or more goats are in lactation. "Day care center" means any child day care facility other than a family home, and includes infant centers, preschools, and extended day care facilities as defined in Section 1596.76 of the Health and Safety Code.
"Density bonus" means an increased density of at least 25% over the maximum authorized density of the zone which is granted to a developer or property owner of a housing project agreeing to construct a prescribed percentage of lower-income units as defined by the California Government Code Section 65915 et seq.
"Director" means the Director of Community Development of the City of Lancaster or duly authorized representative(s).
"Domestic animal" means an animal which is commonly maintained in residence with man. "Duplex" means a building designed or used for residential purposes and containing 2 dwelling units. "Dwelling unit" or "(DU)" means one or more habitable rooms in a building, portion of a building or mobilehome which is designed, intended to be used, or used for occupancy by one family with facilities for living, sleeping, cooking, eating and sanitation, which are legally constructed, placed or installed in accordance with all applicable provisions contained within this code including, but not limited to, the city building, plumbing, electrical and fire codes. Dwelling unit shall also include any room which contains either a kitchen, kitchenette, cooking facilities or cooking appliance. (See definition of "guest room.") "Earth station" means structures comprising one or more large parabolic reflectors which may be mounted on a circular control building and all appurtenant equipment necessary for the receiving, amplifying or transmitting of microwave signals in connection with a public utility communication route or system employing such earth stations and satellites in space. "Electric distribution substation" means an assembly of equipment which is part of a system for the distribution of electric power where electric energy is received at a subtransmission voltage and transformed to a lower voltage for distribution for general consumer use. "Electric transmission substation" means an assembly of equipment which is part of a system for the transmission of electric power where electric energy is received at a very high voltage from its source of generation by means of a network of high voltage lines and where, by means of transformers, said high voltage is transformed to a lower sub-transmission voltage for purposes of supplying electric power to
large individual consumers, interchange connections with other power producing agencies or electric distribution substations for transformation to still lower voltage for distribution to smaller individual users. "Electric vehicle (EV)" means an automotive-type vehicle for highway use, such as passenger automobiles, buses, trucks, vans and the like, primarily powered by an electric motor that draws current from a rechargeable storage battery, fuel cell, photovoltaic array or other source of electrical current. For the purpose of this title, electric motorcycles and similar type vehicles and off-road self-propelled electric vehicles such as industrial trucks, hoists, lifts, transports, golf carts, airline ground support equipment, tractors, boats, and the like are not included within the definition of electric vehicle. If any significant difference, as determined by the Director, exists between this definition and the definition of electric vehicle as stated in the National Electrical Code, then the definition as stated in the National Electrical Code shall apply.
"Electric vehicle charging station (EVCS)" means a location, either within a building or out-of-doors, which is properly and legally equipped with an electric vehicle connector and at which an electric vehicle may park, connect and charge its electrical storage system. "Electric vehicle supply equipment" means the conductors, including the ungrounded, grounded and equipment grounding conductors, the electric vehicle conductors, attachment plugs, and all other fittings, devices, power outlets or apparatuses installed specifically for the purpose of delivering energy from the premises wiring to the electric vehicle. If any significant difference, as determined by the Director, exists between this definition and the definition of electric vehicle supply equipment as stated in the National Electrical Code, then the definition as stated in the National Electrical Code shall apply. "Emergency shelter," as defined in health and safety code 50801(e), means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. "Entertainment park" means an entertainment or amusement complex developed as a regional visitor tourist attraction and organized around a central theme such as amusement rides and attractions, tours or exhibitions, including all related accessory uses, buildings and structures designed and operated for patron participation and pleasure in conjunction therewith. "Equivalent financial value" means the cost to the developer/property owner based on the land cost per dwelling unit. This is determined by the difference in the value of land with and without the density bonus.
"Family" means an individual or 2 or more persons living in a single dwelling unit. "Family" also mean the persons living together in a residential facility, including transitional and supportive housing. "Family day care home" means a home which regularly provides care, protection and supervision of 14 or fewer children, in the provider's own home, for periods of less than 24 hours a day, while the parents or guardians are away, as defined in Section 1596.78 of the Health and Safety Code and includes the following:
1. "Large family day care home" means a home which provides family day care to 7 to 14 children, inclusive, including children under the age of 10 years who reside at home.
2. "Small family day care home" means a home which provides family day care to 8 or fewer children, including children under the age of 10 years who reside at the home. "Floor area ratio" means the numerical value obtained through dividing the aboveground gross floor area of a building or buildings located on a lot or parcel of land by the total net area of such lot or parcel of land.
"Frontage, Building" means that exterior building wall of a ground floor business establishment on the side or sides of the building fronting and/or oriented toward a public street, highway or parkway.
Building frontage shall be measured continuously along said building wall for the entire length of the business establishment, including any portion thereof which is other than parallel to the remainder of the wall.
"Frontage, Street or Highway" means that portion of a lot or parcel of land which borders a public street, highway or parkway. Street or highway frontage shall be measured along the common lot line separating said lot or parcel of land from the public street, highway or parkway. "Garage, Residential" means an enclosed building, or portion thereof, used for the storage of motor vehicles owned or operated by residents, and for storage and other uses related to normal household purposes.
"General plan" means the adopted general plan of the city and all subsequent amendments thereto. "GPS Coordinates" means a system used in geography that enables every location on earth to be specified by a set of numbers, letters or symbols. GPS coordinates are usually expressed as the combination of latitude and longitude.
"Grade" (ground level) is the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of sidewalks, the above ground level shall be measured at the sidewalks.
"Gross acreage" means the total area within the boundary lines of a lot or parcel of land before public streets, easements, or other areas to be dedicated or reserved for public uses are deducted from such lot or parcel, and does not include adjacent lands already dedicated for such purposes.
"Gross floor area" means the total horizontal area of all the floors of a building enclosed within the surrounding walls, exclusive of areas within a building designed and used for the parking of vehicles. "Ground-Mounted" means mounted to a pole, monopole, tower, or other freestanding structure specifically constructed for the purpose of supporting an antenna. "Guest house" means living facilities having no kitchen or cooking facilities, located on the same premises with the main building, which is provided for the sole use of family members, temporary guests, or persons permanently employed on the premises. The guest house shall be either attached or detached with a separate entrance and the floor area is limited to 500 square feet. The structure shall comply with all yard, coverage and other provisions of the title for the main dwelling unit and may not be rented. (See definition for "detached living quarters.")
"Guest ranch" means any property operated as a ranch which offers guest rooms for rent or hire and which has outdoor recreational facilities such as horseback riding, swimming or hiking. "Hazardous material" means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. "Hazardous materials" include, but are not limited to, hazardous substances, hazardous waste, and any material which a handler or the administering agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment; or as this definition is hereafter amended by the state of California. "Health facility" means a facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness, physical or mental, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one of more persons, to which the persons are admitted for a 24-hour stay or longer, and include those facilities types defined in 1250 of the Health and Safety Code. "Health retreat" means any use providing a preventive and rehabilitative health care program on a live-in basis and offering dietary education and control as well as physical therapy including gymnasium and other exercise equipment, solariums, yoga, swimming and outdoor recreational activities. "Health retreat" shall not include hospital, medical office or clinic or nudist camp. "Heavy equipment" means bulldozers, graders, tractors, plows, cultivators, and similar earthmoving or farming vehicles and tools, and trucks designed to pull detachable trailers and the trailers they pull. "Heavy equipment training school" means a lot or parcel of land used to train operators in the use of earth-moving and construction equipment including motor graders, bulldozers, rollers, earth-movers, cable and hydraulic shovels, front loaders, drilling equipment, pile drivers, standing and truck cranes, fork lifts, welders and similar equipment.
"Height" means the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof. In calculating the height, roof structures which comply with the provisions of Chapter 36 of the Building Code, Ordinance No. 2225, shall not be considered.
"Heliport" means any helicopter landing area used, designed or intended to be used for the receiving or discharging of passengers and cargo and shall include any appurtenant facilities for passengers, cargo, or for the servicing, repair, shelter or storage of helicopters. "Helistop" means any helicopter landing area used, designed or intended to be used for the receiving or discharging of passengers and cargo but shall not include other appurtenant facilities permitted at a heliport other than a shelter for passengers.
"Highway line" means the ultimate right-of-way established for a regional, primary, secondary, or other arterial street or any other street by the general plan, by this title, or by Title 16 of this code. Such line is coterminous with the lot line on property adjoining a fully widened arterial or other street. "Hog ranch" means any premises where 3 or more weaned hogs are maintained. "Home occupation" means a use conducted for monetary gain within the boundaries of one's property, which use is incidental and secondary to the use of the property for residential purposes, and does not change the residential character or appearance of the dwelling, or adversely affect the uses permitted in the residential zone. These provisions do not apply to uses which are permitted as a matter of course within residential zones.
"Hospital" means any institution, place, building or agency licensed by the Departments of Public Health or Mental Hygiene of the state of California, which maintains and operates organized facilities for the diagnosis, care and treatment of human illness, including care during and after pregnancy. Hospital includes sanitarium, sanatorium, maternity home and convalescent hospital. "Hospital, Small Animal" means any facility providing medical or surgical treatment, clipping, bathing, or other services, including incidental boarding to dogs, cats and other small animals.
"Hotel" means any building containing 6 or more completely furnished guest rooms or dwelling units, the majority of which have an entrance directly from an inside corridor, with automobile parking spaces provided on the lot or parcel of land for such guest rooms or dwelling units as required therefor, and such guest rooms or dwelling units are designed, intended to be used, or used for temporary sleeping purposes by registered guests. No hotel shall be allowed to have more than 40% of its total gross floor area devoted to dwelling units. (See definition of "dwelling unit.") "Household Appliance, Large" means a tool or machine designed for a particular household use, which is operated by gas or electricity. A large household appliance includes stoves, furnaces, refrigerators, washers, dryers, and similar devices of like size. "Junk and salvage" means old, secondhand or scrap ferrous and nonferrous metals, paper and paper products including roofing and tar paper, cloth and clothing, wood and wood products, manufactured rubber products, rope, manufactured plastic products, paint, manufactured clay and porcelain products, trash, and similar materials, and shall include dismantled machinery, equipment and parts. Junk and salvage shall also include the baling of cardboard boxes, paper and paper cartons. "Junk and salvage yard" means any premises, establishment or place of business which is maintained, operated or used for storing, keeping, buying, selling or dismantling of junk and salvage. "Kitchen" means any room, all or part of which is designed and used for the storage, refrigeration, cooking and preparation of food.
"Land reclamation project" means a project established to restore otherwise unsuitable land to useful purposes through the use of fill materials such as rubbish, waste, excluding sludge or biosolid materials, soil and other unwanted materials. "Land reclamation project" shall include a dump or waste disposal facility.
"Landscape maintenance" means the regular, periodic care that is necessary to keep landscaped areas active and healthy and shall include but not be limited to weed and trash removal, cultivation, irrigation, fertilizing, pruning and replacement of damaged, dying or dead plants with the approved species.
"Landscaping" means the preparation of the ground and the subsequent planting of trees, shrubs, vines, ground cover, flowers, or lawns singly or in combination with each other. In addition, the combination or design may include natural features such as rock or stone and structural features including but not limited to fountains, sculpture, walls, fences, and street furniture. "Lodger" means a person who occupies a rented room in the house of another. "Lot, corner" means a lot or parcel of land situated at the intersection of two or more parkways, highways or streets, which parkways, highways or streets have an angle of intersection measured within said lot or parcel of land of not more than 135 degrees. "Lot coverage" means the total horizontal area of a lot, parcel or building site covered by any building which extends more than 3 feet above the surface of the ground and including any covered vehicular parking spaces.
"Lot depth" means the horizontal distance from the highway line to the rear lot line of the lot or parcel of land, measured from the midpoint of the highway line, where it fronts the lot, to the midpoint of the rear lot line. (See also the definition of "highway line.")
"Lot, flag" means a lot or parcel of land taking access by a strip, the owner of which lot or parcel of land has fee simple title to said strip extending from the main portion of the lot or parcel of land to the adjoining parkway, highway or street.
"Lot, interior" means a lot or parcel of land other than a corner or flag lot. "Lot line" means a boundary line of a lot or of a parcel of land. "Lot line, front" means a line separating the front yard from the parkway, highway or street upon which the yard fronts or, in the case of a flag lot where the front yard is oriented toward an adjoining lot, the line separating such front yard from said adjoining lot. "Lot line, rear" means a lot line which is opposite and most distant from the front lot line. For a triangular or gore-shaped lot, the rear lot line shall mean a line 10 feet in length within the lot which is parallel to the front lot line, or parallel to the chord of a curved front lot line, and at the maximum distance from the front lot line.
"Lot line, side" means any lot boundary line which is not a front lot line or a rear lot line. "Lot, through" means a lot having frontage on two parallel or approximately parallel parkways, highways and/or streets.
"Lot width" means the horizontal distance between side lot lines as measured at a right angle from the midpoint of a straight line drawn in accordance with the definition of "lot depth." "Low and very low income households" means income limits published by the State Department of Housing and Community Development. This definition applies to both for-rent and for-sale housing. "Low-barrier navigation center" means a housing first, low-barrier, service-enriched shelter focused on moving individuals experiencing homelessness into permanent housing and connecting them to services. A "low barrier navigation center" includes any facility that meets the definition and requirements set forth in Sections 65660 and 65662 of the Government Code or any similar facility owned by the city, regardless of whether it strictly meets the definition and requirements set forth in Sections 65660 and 65662 of the Government Code.
"Major highway" means a major highway or primary arterial designated on the circulation element of the general plan.
"Major wireless telecommunication facilities" means self-supporting, ground mounted facilities that exceed the maximum allowable height in the zone in which they are located. These facilities require Federal Communications Commission and Federal Aviation Administration review. The design of these structures shall best match the background color scheme as seen from the primary roadways adjacent to the site. Ground mounted cabinetry shall complement the adjacent buildings in color and material treatment. Typical major wireless telecommunication facilities include data transfer services or personal communication services (PCS), and cellular telephone towers. "May" is permissive.
"Microwave station" means a building housing equipment necessary for the receiving, amplifying or transmitting of microwave signals, including necessary antenna systems, along a communications route or system which employs microwave frequencies assigned by the Federal Communications Commission. "Ministorage warehouse" means a warehouse and associated office and/or residence designed and intended to serve the storage needs of a variety of users from individuals to businesses on a rental basis. "Mini wireless telecommunication facilities" means accessory structures attached to roof tops or buildings as an accessory or complementary use to the primary land use on the site. These structures do not exceed 10% of the height of the buildings on which they are mounted and must be fully enclosed or designed in a way that is consistent with the architectural design of the buildings on-site. Typical uses of mini wireless telecommunication facilities include building to building communications, local dispatch facilities, and small satellite communications facilities. "Minor wireless telecommunication facilities" means freestanding structures essential to the primary use of the property and which do not exceed the height limit in the zone in which they are located. The structure can be roof or building mounted or solely ground mounted and be consistent with the design of the existing buildings on-site. Typical minor wireless telecommunication facilities include radio and television towers, regional dispatch facilities, and larger satellite communications facilities. "Mixed use development" means the development of two or more land uses including, but not limited to a combination of residential, commercial or industrial uses on a single parcel of land or in a physically integrated group of structures.
"Mobilehome" means either of the following:
1. A structure transportable under permit in one or more sections, designed and equipped to contain not more than two dwelling units to be used with or without a foundation system; or
2. A structure transportable under permit in one or more sections, designed to be used with a foundation system for any of the following purposes:
a. Three or more dwelling units, as defined in Section 18003.3 of the Health and Safety Code, b. A dormitory. A dormitory shall mean a room or rooms inhabited for the purposes of temporary residence by two or more persons,
c. A residential hotel, as defined in Section 50519 of the Health and Safety Code,
d. Efficiency units, as defined in Section 17958.1 of the Health and Safety Code.
Mobilehome does not include a recreational vehicle, commercial coach, or factory-built housing as defined in Section 19971 of the Health and Safety Code. The handicap accessibility and adaptability requirements of Title 24 of the California Code of Regulations applicable to dormitories, hotels and apartment houses shall be applicable to mobilehomes constructed for those purposes. "Mobilehome lot" means a lot created through the approval of a mobilehome subdivision by the city. "Mobilehome park" means any area or tract of land where two or more mobilehome spaces are rented or leased or held out for rent or lease to accommodate manufactured homes or mobilehomes used for human habitation as defined in Section 18211 of the Health and Safety Code. "Mobilehome space" means an area of land within a mobilehome park designed for the accommodation of one mobilehome which is rented or leased by the owner or occupant of a mobilehome for placing a mobilehome thereon for residential purposes. "Mobilehome subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units into lots, for the purpose of sale of such lots, for use as individually owned sites for the installation of mobilehomes on foundation systems.
"Mobile recycling unit" means an automobile, truck, trailer or van, licensed by the department of motor vehicles which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials.
"Model home" means a dwelling unit which is constructed upon a proposed or recorded lot in a subdivision for which a tentative map has been approved or a final map recorded, and which is intended to be temporarily utilized as an example of a dwelling unit which has been, or is proposed to be, built in the same or similar subdivision or within a 3-mile city radius of the approval location. The number of model homes in a subdivision shall not exceed the number of separate and distinct floor plans offered by the developer. (A reverse or mirror image of an offered floor plan shall not be considered as a separate floor plan.)
"Model studio" means:
1. Any premises on which there is conducted the business of furnishing figure models who pose for the purpose of being observed or viewed by any person or of being sket ched, painted, drawn, sculptured, photographed, or othe rwise similarly depicted for persons who pay a fee or other consideration or compensation or a gratuity for t he right or opportunity so to depict the figure model, or for admission to or for permission to remain upon or as a condition of remaining upon the premises; and/or
2. Any premises where there is conducted the busines s of furnishing or providing or procuring for a fee or other consideration or compensation or gratuity, figure models to be observed or viewed by any persons or to be sketched, painted, drawn, sculptured, photographed, or otherwise similarly depicted.
"Monopole" means a structure composed of a single spire, pole, or tower used to support antennas or related equipment.
"Motel" means a single building or group of attached or detached buildings containing completely furnished guest rooms or dwelling units, the majority of which have a separate entrance directly from outside the building, with conveniently located automobile parking spaces provided on the lot or parcel of land for such rooms or dwelling units as required therefor, which are designed, intended to be used, or used wholly or in part for the accommodation of registered guests who are primarily transient automobile travelers. No motel shall be allowed to have more than 40% of its total gross floor area devoted to dwelling units. "Motel" shall also include auto courts, motor lodges and tourist courts. (See definition of "dwelling unit.")
"Mounted" means attached or supported.
"Multiple-family project" means a building, or a portion of a building designed or used for occupancy by three or more families, living independently of each other and containing three or more dwelling units. "Nightclub" means a place of entertainment, typically open at night, usually serving food and/or alcoholic beverages, which may have a floor show and/or offer live or recorded entertainment or music and/or space for dancing. A use that contains these operational characteristics shall be deemed a nightclub even if alcoholic beverages are not served.
"Nodes" means a connection point, redistribution point, or communication endpoint (e.g., data terminal equipment) within a telecommunications network. "Nonconforming building or structure" means, unless otherwise specified by this title, any building or structure that was lawfully established and in compliance with all applicable ordinances and laws at the time this title or any amendment thereto became effective, but which, due to the application of this title or any amendment thereto, no longer complies with all the applicable regulations and standards of development in the zone in which it is located.
"Nonconforming use" means any use of land or property that was lawfully established and in compliance with all applicable ordinances and laws at the time this title or any amendment thereto became effective, but which due to the application of this title or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which it is located. "Nudist camp" means any place where three or more persons not all members of the same family congregate, assemble, associate or engage in any activity while without clothing or covering or with partial clothing or covering but with any pubic area or any portion of the crease of the buttocks exposed in the presence of others or of each other, other than an occasional gathering in, or on the premises of a private home. Nudist camp includes growth center.
"Nuisance" means everything that endangers life, the public health, safety and welfare, gives offense to the senses, violates the laws of decency, or obstructs the reasonable and comfortable use of property by the owner or the occupant.
"Oath" means and includes affirmation.
"Open space" means space upon the land which is unoccupied by buildings, driveways and parking areas.
"Open space, private" means open space which is intended for the exclusive use of the owner or tenant of a dwelling unit, which abuts said dwelling unit and is bounded by a wall, fence or landscaping on at least two sides, and may include a patio or balcony (covered or uncovered). "Open space, public" means open space which is available for use by the public at large. "Open space, usable common" means open space which is available for use by all residents of the development and which is landscaped with lawns, trees and shrubs, and may contain paved walkways, patios, swimming pools, and similar improvements. Such open space shall have no dimension thereof less than 10 feet and area thereof not less than 200 square feet. All usable common open space shall be exclusive of required yards.
"Ordinance" means an ordinance of the city of Lancaster. "Outdoor festival" means any music festival, dance festival, rock festival or similar musical activity to which both of the following apply:
1. Attendance by more than 500 persons is desired or may reasonably be expected; and
2. The festival will be held at any place other than in a permanent building or permanent installation which has been constructed for the purpose of or is so constructed that it can be used for conducting such activities.
It is immaterial whether music will be provided by paid or professional, or amateur performers or by prerecorded means; or whether admission is to be charged.
"Outside display" means the placement of goods, equipment, merchandise or exhibits at a location visible to the public view, other than within a building. "Outside storage" means the storage of goods, equipment or materials outside of a building for any purpose other than outside display.
"Parcel of land" means a contiguous quantity of land, owned by, or recorded as the property of the same claimant or person, or in the possession of the same claimant or person pursuant to a recorded lease with a term of not less than 20 years.
"Pawnshop" means an establishment where a pawnbroker loans money on the security of personal property which is pledged in his keeping.
"Person" means any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, county, city and county, municipality, district or other political subdivision, or any other group or combination acting as a unit. "Personal Communication Service means digital low-power, high-frequency commercial wireless radio communication technology that has the capacity for multiple communication services and the routing of calls to individuals, regardless of location. "Pest control operator" means a person who engages in the business of eradicating or controlling any pest which is or is liable to be dangerous or detrimental to agriculture by the application of any substance, method or device, or who engages in the business of preventing, destroying, repelling, mitigating or correcting any disorder of plants by the same means or both. "Pest control operator" does not include a person engaged in the business of termite eradication or control. "Plot plan." Whenever this title refers to a "plot plan" or "plan" it shall be construed to mean a site plan.
"Pool hall" means any entertainment establishment which has more than four pool tables or in which more than 50% of the gross floor area is devoted to pool tables and the space required to use such tables.
"Portable sign" means a freestanding sign not permanently affixed, anchored or secured to either the ground or a structure on the premises it occupies.
"Pot-bellied pig" means a pig classified as Sus scrofa jubatus Muller, or Sus scrofa (cristatus) vittatus, as commonly referred to as a Vietnamese pot-bellied pig, which stands no higher than 20 inches at the shoulder and is no longer than 40 inches from the tip of the head to the end of the buttocks, and weighs no more than 120 pounds. When such animals are located in an R zone they shall be registered with a nationally recognized registry as one of the above species of pot-bellied pigs and considered as pets.
"Premises" means any lot or lots and the buildings, structures, or other improvements located thereon.
"Principal use" means a primary or dominant use established, or proposed to be established, on a lot or parcel of land.
"Private property" means any property other than public property. "Project grading" means any excavation or fill or combination thereof, necessary and incidental to impending building construction or other lawful development of the premises. Impending building construction or other development as used in this section shall mean the initiation of such construction or development within one year of the date of application. "Property line" means lot line.
"Pro shop" means an incidental commercial use operated in conjunction with, and on the same premises as a principal recreational use, which offers for retail sale sporting equipment and supplies customarily utilized in participating in such recreational activity. "Pro shop" does not include a general sporting goods store.
"Public property" means any real or personal property in which the city or any other governmental entity or any publicly regulated utility company possesses an ownership interest. Public property shall include, without limitation, any street, sidewalk, curb, curbstone, street lamp post, hydrant, tree, tree stake or guard, railroad trestle, electric light, power, telephone or telegraph system, any lighting system, public bridge or wall, drinking fountain, life preserver, lifesaving equipment, street sign, traffic sign or signal, street median, public park, or other publicly owned property or structure. "Public utility service center" means any buildings or premises used for the administration of public utility repair, maintenance and installation crews including parking for vehicles, not to exceed 2 tons rated capacity, but not including warehouses or storage yards. "Public utility service yard" means any buildings or premises used for the office, warehouse, storage yard, or maintenance garage of a public utility including microwave repeater stations when incorporated as a part of the service yard use.
"Quarry" means any place on a lot or parcel of land where dirt, soil, sand, gravel, rock, clay, decomposed granite, or other similar material is removed by excavation or otherwise. Quarry shall include mining operations for the removal of ores, precious stones, or other solid materials but shall not include project grading.
"Recreation club, commercial" means a commercial enterprise offering the use of outdoor recreational facilities to the public.
"Recreation club, private" means an association of persons who are bona fide members, paying regular dues, and organized to provide outdoor recreational facilities for members and their guests but not including an association organized primarily to render a service customarily carried on as a commercial enterprise.
"Recreation facilities, neighborhood" means outdoor recreation facilities established by an association of persons who are bona fide members and operate as a nonprofit corporation to provide outdoor recreation facilities for residents in the immediate vicinity and their guests. Such facilities may include a clubhouse, changing rooms and similar subordinate facilities in conjunction with the outdoor recreation activity but shall not include a restaurant, bar or pro shop. "Recreational trailer park" means any area or tract of land, within an area zoned for recreational use, where one or more lots are rented or leased or held out for rent or lease to owners or users of recreational vehicles or tents and which is occupied for temporary purposes. "Recreational vehicle" means a motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy as defined in Section 18010 of the Health and Safety Code.
"Recyclable material" means reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Section 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.
"Recycling facility" means a center for the collection and/or processing of recyclable materials. A "certified recycling facility" or "certified processor" means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities may include the following:
1. "Collection facility." A collect ion facility is a center for the acceptance by donation, redemption or purchase, of recyclable materials from the public. Such a facility does not use power-driven processing equipment except as indicated in Article VI of Chapter 17.40, Criteria and Standards for Recycling Facilities. These facilities are distinct from Collection Bins as defined and regulated by Chapter 17.45. Collection facilities may include the following:
a. Reverse vending machine(s), meaning an automated mechanical device which accepts empty beverage containers including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. A reverse vending machine may also be designed to accept more than one container at a time and pay by weight instead of by container; b. Small collection facilities which occupy an area of not more than 500 square feet, and may include:
1) A mobile recycling unit, meaning an automobi le, truck, trailer or van, licensed by the department of motor vehicles which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials, 2) Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet,
3) Kiosk type units which may include permanent structures, 4) Unattended containers placed for t he donation of recyclable materials; c. Large collection facilities which may occu py an area of more than 500 square feet and may include permanent structures.
2. "Processing facility." A processi ng facility is a building or encl osed space used for the collection and processing of recyclable materials. "Process ing" means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing , mechanical sorting, shredding, cleaning and remanufacturing. Processing facilities include the following:
a. A light processing facility occupies an ar ea of under 45,000 square feet of gross collection, processing and storage area and has up to an average of 2 outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recycl able materials and repairing of reusable materials sufficient to qualify as a cert ified processing facilit y. A light processing facility shall not shred, compact or bale ferrous metals other than food and beverage containers.
b. A heavy processing facility is any processing fa cility other than a light processing facility. "Redevelopment agency" means the redevelopment agency of the city of Lancaster. "Renovation, exterior façade" means a resurfacing of an existing building frontage so that the façade and signs are integrated into one unit.
"Required area" means:
1. The area of a lot which is shown as a part of a subdivision for purposes of sale, recorded as a final map or filed as a record of survey map approved as provided in the Subdivision Map Act or as provided in Ordinance No. 4478, entitled "Subdivision Ordinance," adopted March 19, 1945, except that where a parcel which otherwise w ould have been shown as one lot, is divided into two or more lots because of a city boundary li ne or a line between land the title to which was registered under the Land Title Law (Torrens Ti tle) and land the title to which was not so registered, in which case "required area" means the area of such parcel; or
2. The area of a lot or parcel of land the right of possession of which, by virtue of a deed duly recorded, or by a recorded contract of sale, is vested in a person who neither owns nor has a right of possession of any contiguo us parcel of property; provided , that the deed or contract of sale by which such right of possession was separated has been recorded prior to the adoption by the city council of the ordinance, which imposes the area requirements upon such lot or parcel of land; or
3. Minimum lot area is specified in the property development regulations of the zone. Required area shall not include the access strip of a flag lot extending from the main portion of the lot or parcel of land to the adjoining parkway, highway or street.
4. Where neither subsection 1, 2 or 3 applies, the required area is:
a. In the CPD zone the minimum lot area is 5,000 square feet.
5. A lot shown as such on a subdivision for t he purpose of lease only does not have the required area unless it complies with subsection 2, 3 or 4 of this definition. "Residence" means a building designed as a one-family dwelling unit or a two-family dwelling unit which complies with the current adopted U.B.C.
"Roof-mounted" means mounted above the eave line of a building. "Room, habitable" means an enclosed subdivision in a building commonly used for sleeping, living, cooking or dining purposes, excluding closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage space, cellars, utility rooms, and similar spaces. For purposes of applying parking space requirements:
1. If any of the above excluded rooms or spaces equals or exceeds 90 square feet of superficial floor area and is capable of being used for living or sleeping purposes, such room or space shall be considered a habitable room; or
2. If any room or space equals or exceeds 150 square feet of superficial floor area and is so designed to be capable of being used for both cooking and living, living and sleeping, or cooking and sleeping purposes, such room or space shall be co nsidered as 2 habitable rooms, except in a bachelor or efficiency apartment. Superficial floor area shall be measured as clear floor space, exclusive of fixed or built-in cabinets or appliances.
"Rooming house and boarding house" means a lodging house, or other building or structure maintained, advertised or held out to the public as a place where sleeping or rooming accommodations are furnished to the whole, or any part of the public whether with or without meals. Rooming house includes fraternity and sorority houses.
"Safety" means and includes a water supply for fire protection which complies with the requirements of Ordinance No. 7834 entitled "water ordinance," adopted August 2, 1960. "Scenic highway" means a highway within the state scenic highway system of the state of California. "Service provider" means an entity that has traditionally provided telephone and similar services.
This includes incumbent local exchange carriers, competitive local exchange carriers, and mobile wireless communication companies. Examples include Verizon, AT & T, and Sprint. "Scrap metal processing yard" means any establishment or place of business which is maintained, used or operated solely for the processing and preparing of scrap metals for remelting by steel mills and foundries.
"Section" means a section of this title unless some other ordinance or statute is mentioned. "Senior mobilehome park" is a mobile home park in which at least 80% of the spaces are occupied by or intended for occupancy by at least one person who is 55 years of age or older, or in which 100% of the spaces are occupied or intended for occupancy by persons 62 years of age or older. "Shadow plan" means a diagram of the total area likely to be shaded from the sun on December 21st by an object of given height and dimension.
"Shall" is mandatory.
"Shopping center" means a group of attached commercial buildings, with a common architectural theme, which is designed and intended to house retail commercial uses on a lot(s) or parcel(s) of land with a total net area of 2 acres or more which is planned, developed and managed as an operating unit including the provision of on-site common parking and access to serve each use and its customers.
"Sign" means any name, figure, character, outline, spectacle, display, delineation, announcement, advertising, billboard, signboard, device, appliance, or any other thing of similar nature to attract attention outdoors or on the face, wall or window of any building, and shall include all parts, portions, units and materials composing the same, together with the frame, background and support of anchorage therefor, as the case may be. Any sign authorized by this title is allowed to contain noncommercial copy in lieu of any other copy.
"Sign area" means the entire surface area, excluding all support structures, of a single-faced sign or the largest face of a sign having 2 or more faces.
"Sign Area, Total" means the sum of the surface areas, excluding all support structural faces of a sign.
"Sign, awning or entrance canopy" means any sign affixed to an awning or removable canopy not permanently attached to or built as part of a building. Such signs shall be considered the same as a projecting sign for purposes of regulation.
"Sign, building identification" means a sign which contains no advertising matter other than the name and/or trademark and/or address of the building to which it is affixed or of the occupant located therein. "Sign, bulletin or special event" means a changeable copy sign on which bulletins, notices, messages or displays are placed.
"Sign, business" means a sign directing attention to the principal business, profession or industry located upon the premises upon which the sign is displayed, to type of products sold, manufactured or assembled, or to services or entertainment offered on said premises. "Sign, changeable copy" means a sign which is characterized by manually changeable copy, letters, symbols or numerals.
"Sign, civic organization" means a sign which contains the names of, or any other information regarding civic, fraternal or religious organizations located within an unincorporated community or city but which contains no other advertising matter
"Sign, community identification" means a sign which contains the name of an unincorporated community or city of the county and appropriate travel directions but which contains no other advertising matter.
"Sign, construction" means temporary sign denoting the architects, engineers, owners, lenders, contractors, future tenants and others associated with a construction project, but which contains no other advertising matter.
"Sign, directional and/or informational" means a sign which indicates the route to, direction of, or location of a given goal, or which provides regulatory or service information of a nonadvertising character. "Sign face" means that portion of a sign intended to be viewed from one direction at one time.
Spherical, cylindrical, or other 3-dimensional signs not having conventional sign faces shall be considered to have 2 faces and the area of each sign face shall be computed from the smallest 3-dimensional geometrical shape or shapes which will best approximate the actual surface area of said faces.
"Sign face height" means the vertical dimension of a sign face. "Sign face length" means the horizontal dimension of a sign face. "Sign, flashing or scintillating" means any sign which, by method or manner of illumination, flashes on or off, winks, or blinks with varying light intensity, shows motion or creates the illusion of motion, or revolves in a manner to create the illusion of being on or off. "Sign, freestanding" means a sign which is placed on the ground or has as its primary structural support one or more columns, poles, uprights or braces in or upon the ground. "Freestanding sign" includes ground, monument, pole and post signs.
"Sign, freeway-oriented" means a sign oriented to be viewed primarily from an adjacent freeway which identifies a business engaged in the provision of food, lodging or motor vehicle fuel, and which is primarily dependent upon said freeway.
"Sign, fuel pricing" means a sign indicating, and limited to, the brand or trade name, method of sale, grade designation, and price per gallon of gasoline or other motor vehicle fuel offered for sale on the business premises; and such other information as may be required by county ordinance or state law. "Sign, incidental business" means a business sign indicating credit cards accepted, trading stamps offered, trade affiliations and similar matters.
"Sign, lighted" means a sign which is illuminated by any source whether internal, external or indirect. "Sign, marquee" means any sign painted on or affixed to the perimeter or border of a permanently roofed structure constructed as a part of a building and protruding over public or private sidewalks or rights-of-way. Such signs shall be considered wall signs for purposes of regulation. "Sign, monument" means a freestanding sign which does not exceed 12 feet in height and is supported by an enclosed structure which has at least the same length and width as the sign face it supports.
"Sign, outdoor advertising" means any sign directing public attention to a business, profession, product or service that is not a primary business, profession, product or service which is sold, manufactured, conducted or offered on the premises where such sign is erected or maintained. "Outdoor advertising sign" includes billboard.
"Sign, pole" means a freestanding sign which is supported entirely by unenclosed poles or uprights in or on the ground. (This definition shall not apply to outdoor advertising signs.) "Sign, portable" means a freestanding sign which is not permanently affixed, anchored or secured to either the ground or a structure on the premises it is intended to occupy. "Sign, post" means a freestanding sign which is supported by not more than 2 enclosed poles or uprights in or on the ground, and the horizontal dimensions of such enclosure where it faces the same direction as the sign face is not less than 50% of the maximum length of the sign face. Where 2 enclosed poles or uprights are used the sum of the 2 equal horizontal dimensions of the enclosures is not less than 50% of the maximum length of the sign face.
"Sign, project identification" means a sign which displays only the name of a multiple-family development or project and shall be only a wall sign or monument sign. "Sign, projecting" means a sign which is affixed to and wholly supported by an exterior wall of a building or structure other than a wall sign.
"Sign, pylon" means a freestanding sign in which the sign face is separated from ground by means of one or more supports such as enclosed poles, pole covers or columns. "Sign, revolving" means a sign or any portion thereof which rotates, moves or appears to move in some manner by mechanical, electrical, natural or other means. "Sign, roof" means any sign erected upon and wholly supported by the roof of any building or structure. "Roof sign" shall not include a wall sign affixed to the roof eaves or that portion of an actual or false roof varying less than 45 degrees from a vertical plane as provided by this title. "Sign, sidewalk" means a temporary, portable sign typically near or upon a sidewalk. "Sign structure" means a structure existing, erected or maintained to serve exclusively as a stand, frame or background for the support or display of signs. "Sign, subdivision directional" means a temporary single-faced sign used for the purpose of providing travel directions to a subdivision development offered for public sale for the first time.
"Sign, subdivision entry" means a temporary sign which provides necessary travel directions to and within a subdivision offered for sale or lease for the first time but contains no other advertising matter. "Sign, subdivision kiosk" means a sign erected for the purpose of providing directional information in a uniform manner to new residential developments offered for sale for the first time to the public. Said sign may identify multiple developments and shall contain no advertising information other than the name of the development and a directional arrow. Subdivision kiosk signs may also contain directional information to public facilities.
"Sign, subdivision sales" means a temporary sign which contains the name of, and information relating to, a subdivision being offered for sale or lease for the first time. "Sign, subdivision special-feature" means a temporary sign which contains a description of the features and related information pertaining to a model home complex in a subdivision offered for sale or lease for the first time.
"Sign, temporary" means any sign which is intended to be posted for a maximum period of one year.
Temporary signs include, without limitation as to content, political campaign signs, garage sale signs, search lights, real estate—for sale, lease, rent, or open house signs, holiday decorations, and seasonal sales signs.
"Sign, temporary personal message" means a sign which is of a temporary nature and which displays only personal, as opposed to commercial, messages from the resident owner or occupant of the residential premises. Such messages may include, but are not limited to, birth announcements, greeting for a birthday or anniversary, and other messages of a personal nature. "Sign, temporary window" means any sign painted on a window or constructed of paper, cloth, canvas or other similar lightweight material, with or without frames, and affixed to the interior side of a window and displayed so as to call to the attention of persons outside the building a sale of merchandise or a change in the status of the business.
"Sign, time, temperature and public service" means a sign which uses any system to display the time of day and/or atmospheric temperature, and which may have the means to display a programmable electronic public service message. Electronic messages of an advertising nature are not permitted on such signs.
"Sign, under-marquee" means any sign suspended from the underside of a permanently roofed structure constructed as part of a building and protruding over public rights-of-way or private sidewalks. "Sign, wall or wall-mounted" means a sign, other than a roof sign, affixed to and wholly supported by a building in such a manner that its exposed face is approximately parallel to the plane of said building and is not projecting more than 18 inches from the building face or from a permanent roofed structure projecting therefrom.
"Sign, window" means any sign which is painted on or otherwise permanently affixed to the display window glass or located inside the building within 3 feet of the display window glass. "Single-family attached residence" means a building, containing only one kitchen, designed or used to house not more than one dwelling unit, which shares a common wall or walls with another dwelling unit or units of the same type, and which is located on a separate lot from the unit or units with which it shares
a common wall or walls. No such dwelling unit may occupy any space over or above another dwelling unit.
"Single-family detached residence" means a building containing only one kitchen, designed or used to house not more than one dwelling unit, not attached to or sharing a common wall with any other dwelling.
"Slope" means the degree of deviation of surface from the horizontal, usually expressed in percent or degrees.
Slope Percentage = rise / run = (x) feet run to one foot rise "Sludge" means the accumulated matter, whether mechanically treated, irradiated, digested, stabilized, composted, or untreated, produced in the treatment of wastewater. This includes liquid, semi- liquid, and solid material that has been mechanically dewatered or air dried. "Solar energy system" means either of the following depending upon the context of the ordinance:
1. Any solar collector or other solar energy devi ce whose primary purpose is to provide for the collection, storage and distribution of solar ener gy lot space heating or cooling, or for water heating, or generation of electricity; or
2. Any structural design feature of a building, wh ose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating or cooling, or for water heating. "Solid fill" means any noncombustible materials, insoluble in water, such as soil, rock, sand or gravel, that can be used for grading land or filling depressions. "Solid fill project" means any operation on a parcel of land where more than 1,000 cubic yards of solid fill materials are deposited for any purpose including the grading or reclaiming of land. "Special use permit" means whenever this title, or any case granted thereunder, refer to a "special permit" or a "special use permit" it shall be construed to mean a conditional use permit. "Stable, boarding" means a stable for the boarding of horses, mules or ponies for compensation. "Stable, commercial" means a stable which offers horses, mules or ponies for hire. Such stables may also offer training for such animals and/or riding instruction. Commercial stables may also board such animals for compensation.
"Stand" means a structure for the display and sale of products with no space for customers within the structure itself.
"Station" means the stopping place in a transportation system designed or intended to be used for the receiving or discharging of passengers and cargo, but shall not provide for the storage of the conveyance vehicle and shall not include any appurtenant facilities other than a shelter and ticketing facilities for passengers. Stations include train stations, bus stations, and similar transit stations. "Stealth communication facilities" means wireless telecommunication facilities that may be over the height limit in the zone in which they are located, but are designed or camouflaged to blend into the surrounding background environment or be enclosed into the structure upon which they are mounted.
Stealth facilities would not be recognizable as a wireless telecommunication device. Examples include wireless telecommunication facilities constructed within church steeples or towers, camouflaged by vegetation, or designed into the construction of other architectural building features.
"Story" is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the roof above. Story includes a basement but not a cellar.
"Street." See Section 16.04.060 of this code for definitions of the various types of streets. "Structure" means anything construed or erected, which requires a fixed location on the ground, or is attached to something having a fixed location on the ground. "Subdivision development" means a subdivision located wholly or partially within the city, a final map of which has been recorded prior to the date on which an application for a subdivision directional sign pursuant to the provisions of Section 17.40.220C has been filed. "Subdivision directional sign base" means the base structure upon which subdivision directional signs are placed.
"Subdivision ordinance" means the subdivision ordinance of the city, codified as Title 16 of this code. "Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
"Telephone repeater station" means a building used for housing amplifying equipment along aerial or underground telephone cable routes.
"Temporary wireless communications facility" means a wireless communications facility that is kept portable or mobile and deployed while a permanent facility is under construction. "Terminal" means any facility designed or intended to be used for the receiving or discharging of passengers or cargo and providing for the temporary or permanent storage of the conveyance vehicle.
Terminals include train terminals, airports, bus terminals, freight terminals, harbor terminals, or any combination of the above commonly referred to as multipurpose terminals. "Theater" means an enclosed building used for public assembly and/or entertainment including sports events, theatrical performances, concerts and recitals, circuses, stock shows and conventions. "Theater" includes auditorium.
"Tower height" means the height of the actual tower plus one-half the rotor diameter on horizontal axis installations, and the distance from the base of the tower to the top of the unit on vertical axis installations.
"Transitional housing" means buildings configured as rental housing developments but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than 6 months from the beginning of the assistance.
"Travel trailer" means a vehicle other than a motor vehicle which is designed for human habitation and which may be moved upon a public highway without a special permit or chauffeur's license. "Travel trailer park" means any area or tract of land or a separate designated section within a mobilehome park where one or more lots are rented or leased or held out for rent or lease to owners or users of recreational vehicles used for travel or recreational purposes. "Use" means and includes construction, establishment, maintenance, alteration, moving onto, enlargement and occupation. Wherever this title prohibits the use of any premises for any purposes, such premises and any building, structure or improvement on such premises shall not be used, occupied, altered or improved for such purpose, and no building, structure or improvement on such premises shall be erected, constructed, established, maintained, allowed to remain, altered, moved onto, or enlarged which is designed, arranged or intended to be occupied or used for such purpose. "Veterinary clinic, small animal" means any facility providing medical or surgical treatment, clipping, bathing and similar services to dogs, cats and other small animals, but excluding boarding or the keeping
of animals on the premises other than those requiring emergency treatment or those recovering from anesthetic.
"Video game arcade" means any use where five or more coin-operated games of skill are kept and maintained for public use.
"Waste disposal facility" means any dump, transfer station, land reclamation project, incinerator except household incinerators and wood refuse to be burned in a suitable furnace, or other similar site or facility which is used or intended to be used for the transfer, salvage or disposal of rubbish, garbage or industrial waste. Waste disposal facilities do not stockpile, commercially compost, process, or handle sludge or biosolid materials.
"Wild animal" means any wild, exotic, dangerous or nondomestic animal, including but not limited to mammals, fowl, fish or reptiles.
"Wind energy conversion system" means a mechanism which is designed to utilize the natural movement of air as a means of generating electricity. The following terminology as it pertains to wind energy conversion systems is listed below:
"AWEA" means American Wind Energy Association.
"FAA" means Federal Aviation Administration.
"Guy wires" means wires or cables used in tension to support a tower. "Non-commercial wind energy system ("NC-WES")" means a small wind energy system suitable for Rural Residential Zone (RR-1 and RR-2.5 only) meeting the requirements of Section 17.08.337, consisting of a wind turbine, tower, blades, associated controls and conversion electronics, which has a rated capacity that does not exceed the allowable rated capacity under the Emerging Renewables Fund of the Renewables Investment Plan administered by the California Energy Commission and which will be used primarily to reduce on-site consumption of utility power by converting mechanical energy into electricity.
"Tower" means the portion of the NC-WES upon which the wind turbine is mounted. "Tower height" means the height above grade of the fixed portion of the tower measured from the ground to the top of the tower, excluding the wind turbine, blades and wind-measuring devices. "USGS" means the United States Geological Survey.
"Utility pole" means any pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission.
"Vertical axis wind turbine (VAWTS)" means a small scale, non-commercial vertical axis wind turbine system, designed with a vertical axis, suitable for residential zones consisting of a wind turbine, tower, blades, associated controls and conversion electronics, which has a rated capacity that does not exceed the allowable rated capacity under the Emerging Renewables Fund of the Renewables Investment Plan administered by the California Energy Commission and which will be used primarily to reduce on-site consumption of utility power by converting mechanical energy into electricity. "Wind turbine" means a non-commercial small wind turbine consisting of a wind turbine generator and rotors, which has a rated capacity of not more than one hundred (100) kilowatts (kW) and which converts kinetic energy in wind into mechanical energy. "Wireless telecommunications facility" means a land use facility supporting antennas whips, panels or microwave dishes that send or receive radio frequency signals. Wireless telecommunication facilities include the structures or towers and related equipment buildings or cabinetry supporting the facility and can be manned or unmanned. Wireless telecommunications do not include noncommercial
communication facilities such as licensed amateur radio stations and standard radio and television receive-only antennas.
"Writing" means and includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this title, it shall be made in writing in the English language unless it is expressly provided otherwise. "Yard" means an open space on the same lot or parcel of land, other than a court, unoccupied and unobstructed from the ground upward, except as otherwise permitted by this title. "Yard, front" means a yard extending across the full width of the lot or parcel of land. The depth of a required front yard shall be a specified horizontal distance between the highway line of any arterial or other street on which the property fronts, and a line parallel thereto on the lot or parcel of land, except as otherwise provided for a flag lot in Section 17.08.170A. On corner lots the front yard shall be located across the narrower frontage of the lot. A yard shall not be deemed a front yard if there is no right of access of any kind, pedestrian or vehicular, from the adjoining arterial or other street. "Yard, rear" means a yard extending across the full width of the lot or parcel of land. The depth of the required rear yard shall be a specified horizontal distance between the rear lot line and a line parallel thereto on the lot or parcel of land.
"Yard, side, corner" means a yard bounded by an arterial or other street, extending from the required front yard, or the highway line on which the property fronts where no front yard is required, to the required rear yard or to the rear lot line where no rear yard is required. The width of such required side yard shall be a specified horizontal distance between the highway line of the arterial or other street on which the property sides, and a line parallel thereto on the lot or parcel of land. "Yard, side, interior" means a yard extending from the required front yard, or the highway line on which the property fronts where no front yard is required, to the required rear yard or to the rear lot line where no rear yard is required on other than a corner side yard. The width of a required interior side yard shall be a specified horizontal distance between each such side lot line and a line parallel thereto on the lot or parcel of land.
"Yard, street side" means the same as corner side yard. (Ord. 900 § 1, 2008; Ord. 896 § 1 (Exh. A §§ 1, 2), 2008; Ord. 862 § 1, 2006; Ord. 849 § 1 (Exh.
A § 1), 2005; Ord. 758 § 1 (Exh. A § 1 (part)), 1999; Ord. 753 § 1 (Exh. A § 1 (part)), 1999; Ord. 713 § 1, 1995; Ord. 711 § 3, 1995; Ord. 681 §§ 1, 2, 1995; Ord. 663 § 1, 1994; Ord. 661 § 3, 1994; Ord. 651 § 3, 1993; prior zoning ord. §§ 120—120.25) (Ord. No. 921, § 1, 6-9-09; Ord. No. 954, § 1, 12-14-2010; Ord. No. 989, §§ 2—5, 7, 4-9-2013; Ord. No.
1070, § 4(Exh. A), 1-14-2020; Ord. No. 1106, § 4(Exh. A), 10-10-2023; Ord. No. 1130, § 4(Exh. A), 5-27-2025)
Chapter 17.08 - RESIDENTIAL ZONES[1]
Footnotes:
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Editor's note— Ord. No. 989, § 1, adopted April 9, 2013, repealed ch. 17.08, §§ 17.08.010—17.08.400 and added a new ch. 17.08, §§ 17.08.010—17.08.500. T he former chapter pertained to similar subject matter and derived from prior zoning ord. §§ 200.000, 201.010—201.021, 201.023—201.025, 201.027, 201.040, 201.050, 201.060—201.062, 201.070—201. 075, 201.080, 201.083, 201.085, 201.086, 201.088, 202.010, 202.015, 202.020, 202.021, 202.024, 202.025, 202.050, 202.052, 202.053, 202.070, 211.000— 211.130, 2.12.000—2.12.140, 212.200—212.230, 213.100—213.130, 213.500—213.585, 214.200, 214.300; Ord. 651 §§ 4(part), 5, 1993; Ord. 658, § 1, 1994; Ord. 663 § 2, 1994; Ord. 681 § 3, 1995; Ord.
711 §§ 4—13, 18(part), 19(A), 30(part), 31, 43(part), 1995; Ord. 713 §§ 2, 4, 1995; Ord. 752 § 1, 1999; Ord. 758 § 1(Exh. A §§ 2, 3), 1999; Ord. 812 § 2, 2003; Ord. 815, Exh. A, 2003; Ord. 816, Exh. A(part), 2003; Ord. 837, § 1 Exh. A(part), 2004; Ord. 854, § 1(Exh. A), 2006; Ord. 879 § 1(part), 2007; Ord. 896, § 1(Exh. A §§ 3, 4), 2008; Ord. 900 §§ 2—6, 2008; Ord. No. 907, § 4, adopted October 28, 2008; Ord. No. 921, §§ 2—4, adopted June 9, 2009; Ord. No. 924, § 1, adopted August 25, 2009; Ord. No. 933, §§ 1—3, adopted October 13, 2009; Ord. No. 941, § 3, adopted February 9, 2010; Ord. No. 954, §§ 2—6, adopted December 14, 2010; Ord. No. 956, §§ 1, 2, adopted January 11, 2011; Ord. No. 964, § 1, adopted May 24, 2011; Ord. No. 971, §§ 4—6, adopted October 25, 2011.
Article I. - In General
17.08.010 - In general.
As used in this title, "residential zones" mean the RR, R, MHP, MDR and HDR zones. (Ord. No. 989, § 1, 4-9-2013)
Article II. - Non-urban, Urban, Medium and High Density Residential Zones
17.08.020 - Purpose and intent.
The purpose and intent of the residential zones are to implement the city's general plan, and land use designations as set forth in the text of the general plan and as delineated on the general plan map.
The adopted general plan specifies goals, objectives, policies, and specific actions with regard to residential uses and development.
It shall not be the intent of this title to render previously legally created building lots or legally constructed buildings which do not comply with the property development regulations of this title to be nonconforming where these lots or buildings complied with the ordinances in effect at the time of their creation or construction.
(Ord. No. 989, § 1, 4-9-2013)
17.08.030 - Purposes of the Residential zones.
A. Non-Urban Residential or RR Zones. These zones are intended to provide for single-family dwellings in a non-urban environment with minimal urban services. The primary difference between the zones is the minimum lot size. Only those additional uses that are complementary to and exist in harmony with a rural residential neighborhood are allowed.
1. The RR-2.5 (rural residential) zone implem ents the "non-urban residential, rural residential" designation. This zone is intended for rural si ngle-family residential use, allowing one dwelling unit per minimum net area of one hundred thousand (100,000) square feet;
2. The RR-1 (rural residential) zone implements t he "non-urban residential, low density" designation.
This zone is intended for low density single-family residential use, allowing one dwelling unit per minimum net area of forty thousand (40,000) square feet; and
3. The SRR (semi-rural residential) zone implem ents the "non-urban residential, transitional density" designation. This zone is intended for transitional density between the rural and urban land uses, allowing one dwelling unit per minimum net area of twenty thousand (20,000) square feet.
B. Urban Residential or R Zones. These zones are in tended to provide for single-family dwellings in an urban environment with full urban services. Only those additional uses that are complementary to and exist in harmony with an urban residential neighborhood are allowed.
1. The R-15,000 zone implements the "urban resi dential, transitional density" land use designation.
This zone is intended for single-family dwellings, allowing one dwelling unit per minimum net area of fifteen thousand (15,000) square feet;
2. The R-10,000 zone implements the "urban resi dential, transitional density" land use designation.
This zone is intended for single-family dwellings, allowing one dwelling unit per minimum net area of ten thousand (10,000) square feet; and
3. The R-7,000 zone implements the "urban resident ial, low density" land use designation. This zone is intended for single-family dwellings, allowing one dwelling unit per minimum net area of seven thousand (7,000) square feet.
C. Medium and High Density Residential Zones. Thes e zones are intended to provide for medium to high density multiple-family dwellings in an urban en vironment with full urban services. Only those additional uses that are complementary to and exis t in harmony with such residential developments are allowed.
1. The MDR zone implements the "medium densit y residential" land use designation. This zone includes lower intensity residential dwelling units, with a density range of 6.6 to fifteen (15) dwelling units per acre; and
2. The HDR zone implements the "high density resi dential" land use designation. This zone includes higher density residential dwelling units, with a dens ity range of 15.1 to thirty (30) dwelling units per acre.
(Ord. No. 989, § 1, 4-9-2013)
17.08.040 - Applicability of standards.
A person shall not use any premises in the residential zones, except as hereafter permitted in this title and subject to all regulations and conditions enumerated in this title. Development and new land uses proposed within the residential zones shall comply with the standards in this section for the applicable zones, as follows:
A. Use. Only the land uses allowed by Section 17.08.050 shall be established in the applicable zone.
In the instance when an applicant proposes a us e that is not specifically listed in Section
17.08.050, the planning director shall make a determination on whether it is allowed or not, based on the finding that the proposed use would complement and be able to exist in harmony with other permitted uses in the same zone.
B. Site Specifications and Building Placement. Each proposed structure shall comply with the line, setback, and buildable area requirements in Section 17.08.060 as required for the applicable zone.
C. Building Size and Massing. Each proposed structure shall adhere to size, massing, and height standards established by Section 17.08.060 for the applicable zone.
D. Parking. On-site parking shall be provided, located, and designed in compliance with Section
17.08.060 for the applicable zone.
E. Development and Building Types. All develop ments shall substantially resemble one of the development and building types listed in Section 17.08.060, or feature primary characteristics of the development and building types. All resid ential developments which meet the objective development standards in Section 17.08.060 and t he objective design standards in Chapter
17.41, Article IV, shall be deemed to meet this requirement.
F. Other Design Requirements. All other requ irements listed in Se ction 17.08.060, Section
17.08.070, and all applicable guidelines in the city design guidelines shall apply. All residential developments which meet the objective devel opment standards in Section 17.08.060 and the
objective design standards in Chapter 17.41, Article IV, shall be deemed to have met the discretionary design standards in Section 17.10.070 and applicable guidelines. (Ord. No. 989, § 1, 4-9-2013; Ord. No. 1106, § 4(Exh. A), 10-10-2023)
17.08.050 - Uses and permit requirements.
A. Uses and permit requirements. The uses and perm it requirements applicable to the residential zones are identified in the Uses Matrix below. Uses wh ich do not fall into any other category, and are not temporary uses, uses subject to director's review, or uses subject to permit in these zones, shall be subject to interpretation of the director. The requi rement for site plan review in Section 17.08.050.B applies to all uses, except permitted (P) uses and uses subject to director's review (D) unless otherwise indicated below.
Residential Zones — Uses Matrix
USES
P = permitted use / D = director's review
C = conditional use / N/A = not allowed
* Site plan review (SPR) required
ZONES
RR-2.5
RR-1
SRR
R-15,000
R-10,000
R-7,000
MDR
HDR
A. Uses.
Single-family house on individual lot D D D
Two-unit projects (Subject to Chapter 17.41, Article III) D D D Duplex D D D
Multi family N/A N/A P*
Residential planned development (RPD) C C C
Health facility 7 N/A C C
Residential facility (small - six beds or fewer) 8 P P P Residential facility (seven or more beds) 8 N/A C C
Mobilehome and manufactured homes on individual lot D D D
Mobilehome parks Permitted in MHP zone
only
B. Accessory uses.
Accessory structures/buildings (gazebos, sheds, etc.) (Subject to Section
17.08.160) P P P
Swimming pools and pool equipment (Subject to Section 17.08.160) P P P Accessory dwelling unit and junior accessory dwelling units (Subject to Chapter 17.41, Article I) P P P
Small family day care (up to 7 children) P P P 2
Large family daycare (8 to 14 children) P P P 2
Home occupation/home office (Subject to Section 17.08.200) P P P Electric vehicle charging station (EVCS) P P P
Non-commercial solar energy systems, including building and ground- mounted photo-voltaic (PV) panels P P P
Non-commercial wind energy systems (NC-WES) D D D
Vertical-axis wind turbines (VAWTs) D D D
Cargo containers 3 D N/A N/A
Light agricultural uses 3, 9 P N/A N/A
Carnivals 6 D D D
C. Temporary uses.
Temporary mobilehome as residence during construction D D D Real estate sales office in conjunction with new subdivision D D D