Agenda packet — Lancaster City Council, August 25, 2026 (part 22 of 22)

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 The alcoholic beverage establishment proposes to reinstate alcohol sales after the retail liquor license has been revoked or suspended for a period greater than 90 days by the department of alcoholic beverage control; or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 establishmentin which tobacco products and/or 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 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

Page 478 ends

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

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

17.42.040 - Distance requirements.

A. Alcohol establishments that require a conditi onal use permit, and all tobacco establishments, shall adhere to the distance requirements as specified below:

Alcoholic Beverage and Tobacco Establishments

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Type of Establishment Distance
Requirement
Religious Assembly 300'
Public/Private School (K-12) 1,000'
Day Care Center 600'
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)

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17.42.060 - Minor use permit.

A. Applicability. A minor use permit shall be filed su bject to the uses and requirements identified in this Title.

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 within one year prior to the action.

4. The director may require additional notificati on requirements such as site posting and increased notification radius based upon the possible impacts of the project.

5. Noticing procedures shall comp ly 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 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.

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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.

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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.

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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.

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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.

Page 485 ends

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)

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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.

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.

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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.

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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

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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.

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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

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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)

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17.43.030 - Definitions.

A. The following terms shall be defined as follows:
"Adult-use" or "adult-use cannabis" means cannabis or cannabis product that is used or intended to be used by adults who are over twenty-one (21) years of age and who do not possess a physician's recommendation for medicinal cannabis.
"Applicant" means a person applying for a city commercial cannabis license. "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salts, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtain from cannabis. For the purpose of this chapter, "cannabis" does not mean industrial hemp as that 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.

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"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

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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.

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"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.

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(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.

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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

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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.

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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)

Page 500 ends

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.

Page 501 ends

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).

Page 502 ends

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.

Page 503 ends

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.

Page 504 ends

(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.

Page 505 ends

(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.

Page 506 ends

"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.

Page 507 ends

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;

Page 508 ends

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)

Page 509 ends

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)

STAFF REPORT
City of Lancaster
CC 8
8/25/2026
TN
Date:August 25, 2026
To: Mayor Parris and City Council Members
From:George N. Harris II, Deputy City Manager/Treasurer Trolis Niebla, City Manager
Subject:Amendment to Fair Labor Standards Act (FLSA) Section 7(k) Work Period for Lancaster Police Officers Association Employees.

Recommendation:

Approve the amendment establishing a fourteen (14) day FLSA Section 7(k) work period for overtime calculation purposes for employees represented by the Lancaster Police Officers Association and authorize the City Manager to execute any documents necessary to implement the amendment.

G.C. Section 84308: No
Fiscal Impact:

None
Background:

On June 12, 2026, the City Council approved the Memorandum of Understanding (MOU) between the City of Lancaster and the Lancaster Police Officers Association (LPOA). As outlined in the prior staff report, the MOU included a modification to the Fair Labor Standards Act (FLSA) Section 7(k) work period for overtime calculation purposes. The prior staff report proposed transitioning from a twenty-eight (28) day work period to a seven (7) day work period.

Staff are now recommending that the FLSA Section 7(k) work period be amended to a fourteen (14) day work period for overtime calculation purposes. This amendment is limited to the FLSA work period and does not otherwise modify the terms of the previously approved MOU.

Attachment:
2 5
0 0
First Amendment to POA MOU; Executed Memorandum of Understanding Between the City of Lancaster and Lancaster Police Officers Association (July 1, 2026 through June 30, 2030) Resolution 26-XX, LPOA Amendment Draft 8-25-26
FIRST AMENDMENT TO POA MOU 2026-2030

Page 1 ends

FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING

BETWEEN CITY OF LANCASTER
AND

LANCASTER POLICE OFFICERS ASSOCIATION
JULY 1, 2026 - JUNE 30, 2030
This First Amendment to the Memorandum of Understanding Between the City of Lancaster and Lancaster Police Officers Association, dated July 1, 2026 through June 30, 2026 (“MOU”) is entered into by and between the City of Lancaster and the Lancaster Police Officers Association (“parties”).

WHEREAS, the parties have met and conferred over changes to the overtime and provisions contained in Article 4.01 of the MOU; and
WHEREAS, no amendment or modification to the MOU shall be binding unless made and executed in writing between the parties and approved and implemented by the City Council of the City of Lancaster;
NOW THEREFORE, the parties hereto agree to amend the MOU, effective September 6, 2026, as follows:

Article 4.01 is amended in its entirety to read:

4.01 OVERTIME
The City of Lancaster shall comply fully with the 7(k) exemption under the Federal Fair Labor Standards Act (FLSA), as well as other provisions of the FLSA as may be amended from time to time.

Effective September 6, 2026, at 12:01 a.m., and in accordance with the FLSA 7(k) exemption, the standard work period for Association members shall be fourteen (14) days, with overtime paid for work performed in excess of eighty-six (86) hours within the 14-day work period. Paid time off types listed in Article 4 shall be considered as time worked for the purpose of calculating overtime during each 14-day work period.

Work schedules shall be determined by the Chief of Police in accordance with operational needs and priorities, and may be changed at any time subject to his/her discretion. City will provide employees with seven days advance notice when work schedule are modified for nonemergency purposes. Work schedules shall include a 30-minute paid meal period for any shift equal to or greater than 8 hours.

All other Articles, Sections, provisions, exhibits and appendix of the MOU not modified herein shall remain in full force and effect.

FIRST AMENDMENT TO POA MOU 2026-2030

Page 2 ends

The City Council has duly approved, and parties have caused their duly-authorized representatives to execute, this First Amendment to Memorandum of Understanding, effective September 6, 2026.

CITY OF LANCASTER:
_________________________________
Trolis Niebla
City Manager
_________________________________
George Harris
Deputy City Manager/ Treasurer –
Administrative Services
LANCASTER POLICE OFFICERS ASSOCIATION:
____________________________________
Brian Wilson
Sergeant
____________________________________
Jeremy Talbot
Sergeant
Resolution No. 26-XX

Page 1 ends

RESOLUTION NO. 26-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LANCASTER, CALIFORNIA, APPROVING THE FIRST

AMENDMENT TO THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF LANCASTER

AND THE LANCASTER POLICE OFFICERS ASSOCIATION

TO ESTABLISH A FOURTEEN-DAY FAIR LABOR
STANDARDS ACT SECTION 7(k) WORK PERIOD

WHEREAS, the City of Lancaster ("City") and the Lancaster Police Officers Association ("LPOA") are parties to a Memorandum of Understanding for the period July 1, 2026 through June 30, 2030 ("MOU"); and
WHEREAS, the City Council previously approved the MOU, which addressed, among other matters, the work period used for overtime calculation purposes under Section 7(k) of the Fair Labor Standards Act ("FLSA"); and
WHEREAS, the City and LPOA have met and conferred regarding changes to the overtime provisions contained in Article 4.01 of the MOU; and
WHEREAS, the parties desire to amend Article 4.01 to establish, effective September 6, 2026 at 12:01 a.m., a fourteen (14) day work period for LPOA-represented employees, with overtime paid for work performed in excess of eighty-six (86) hours within each fourteen-day work period, consistent with the FLSA Section 7(k) exemption; and
WHEREAS, the First Amendment further provides that paid time off types listed in Article 4 of the MOU shall be considered time worked for purposes of calculating overtime during each fourteen-day work period, and that all other Articles, Sections, provisions, exhibits, and appendices of the MOU not modified by the First Amendment remain in full force and effect; and WHEREAS, the City Council finds that approval of the First Amendment is in the best interests of the City and its employees represented by LPOA.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, CALIFORNIA, AS FOLLOWS:

Section 1. The foregoing recitals are true and correct and are incorporated into this Resolution by this reference.

Section 2. The City Council hereby approves the First Amendment to the Memorandum of Understanding Between the City of Lancaster and the Lancaster Police Officers Association, substantially in the form presented to the City Council, amending Article 4.01 of the MOU to establish a fourteen (14) day FLSA Section 7(k) work period, effective September 6, 2026 at 12:01 a.m., with overtime paid for work performed in excess of eighty-six (86) hours within the fourteen-day work period.

Section 3. The City Manager, or designee, is authorized to execute the First Amendment and any Resolution No. 26-XX

Page 2 ends

other documents, and to take any actions, necessary or appropriate to implement the First Amendment, subject to approval as to form by the City Attorney.

Section 4. Except as expressly amended by the First Amendment, all other terms and conditions of the MOU remain unchanged and in full force and effect.

Section 5. This Resolution shall take effect immediately upon its adoption.

STAFF REPORT
City of Lancaster
CC 9
08/25/2026
TN
D1ate: August 25, 2026
To: Mayor Parris and City Council Members
From: Larissa De La Cruz, Assistant City Manager
Sydney Yeseta, Manager –Economic Development
Subject: Declaration of Surplus Land
Recommendations:

Adopt Resolution No. ______, declaring pursuant to Section 54221 of the Government Code that certain parcels of land owned by the City of Lancaster are surplus and not necessary for the City’s use.

Fiscal Impact:

None.

Background:

The City owns several parcels throughout the community for various purposes: some are held for City operations and other public purposes, while others were acquired to support economic development and spur private investment. Staff have identified several parcels that are no longer needed for City purposes.

Before disposing of these properties, the City Council must formally declare them surplus in accordance with the Surplus Land Act. The proposed action would satisfy this initial requirement.

Following the declaration, the City will issue a Notice of Availability (NOA) to entities specified by law, which will have 60 days to notify the City of their interest in the properties. If interest is received, the City must engage in good-faith negotiations for at least 90 days. Upon completion of this process, the City will submit the required documentation the California Department of Housing and Community Development (HCD) for its 30-day review. Once all applicable requirements have been satisfied, the City may dispose of surplus properties.

The proposed Declaration of Surplus Land does not authorize the lease or sale of the affected properties. After the Surplus Land Act process is complete, each proposed property transaction will be presented to the City Council separately for consideration and approval.

SY
Attachment:

Resolution No. ____
RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LANCASTER, CALIFORNIA, DECLARING PURSUANT TO
SECTION 54221 OF THE GOVERNMENT CODE THAT

CERTAIN LAND IS SURPLUS AND NOT NECESSARY FOR
THE CITY’S USE

WHEREAS, the City of Lancaster (“City”) owns in fee simple that certain real property listed in Exhibit “A” and incorporated herein (“Property”); and WHEREAS, the Surplus Land Act (Cal. Gov’t Code §§ 54220- 54234) (“Act”) establishes a specific process the City must follow to dispose of su rplus land, which includes declaring the land is surplus, providing written notice to certain entities and negotia ting in good faith with an interested entity that was entitled to such notice; and WHEREAS, the Act defines “surplus land” as “[…] l and owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency's use” (Cal. Gov’t Code § 54221(b)(1)); and
WHEREAS, City staff has evaluated the Property, determined it is not necessary for the City’s use and recommended it be declared surplus land and disposed of pursuant to the Act for the reasons described in the accompanying staff report; and WHEREAS, the City Council desires to declare that the Property is surplus land, is not necessary for the City’s use and may be disposed of in accordance with the Act;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The foregoing recitals are true, correc t and a substantive part of this Resolution. The accompanying staff report is incorporated herein and also a substantive part of this Resolution.

SECTION 2. For the reasons described in the accompanying staff report, which constitute findings for purposes of this Resolution, the City Council hereby declares that the Property is not necessary for the City’s use and is surplus land as defined in the Act.

SECTION 3. The City Clerk is authori zed and directed to prepare and transmit a notice of availability of the Property to the entities entitled to such notice, as and to the extent required by the Act.

SECTION 4. The City Manager, or his or her designee, is authorized to do all things that he or she deems n ecessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed. Such actions include, but are not limited to, negotiating in good faith in accordance with and subje ct to the requirements of the Act with any entities that timely submit a written notice of interest to purchase or lease the Property.

SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution.

PASSED, APPROVED and ADOPTED this ___ day of _________, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:

______________________________ _________________________ ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss

CITY OF LANCASTER )

CERTIFICATION OF RESOLUTION

CITY COUNCIL

I, ___________________________, __________________________, City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Resolution No. _______, for which the original is on file in my office.

WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _______, day of ___________________________, __________.

(seal)

Jurisdiction
Name
Jurisdiction
Type
Site
Address/Intersection City
Five Digit
ZIP Code County
Assessor
Parcel Number
Consolidated
Sites
D
esignation
(Current)
Zoning Designation
(Current)
Min Density Allowed
(units/acre)
Max Density Allowed
(units/acre)
Parcel Size
(Gross Acres)
Existing
Use/Vacancy
Min Sales
Price
Last Appraised
Value
Last Appraised
Date
Optional
Information1
City of Lancaster City 431 E. Avenue K-4 Lancaster 93535 Los Angeles 3126-031-901 Specific Plan Park (PK) 0 0 14.17 drainage channel w/
research &
development facility
Fair Market
Value N/A N/A
City of Lancaster City 431 E. Avenue K-4 Lancaster 93535 Los Angeles 3126-031-902 Specific Plan Park (PK) 0 0 5.43 research & development facility
Fair Market
Value N/A N/A
City of Lancaster City Avenue H & Trevor
Ave Lancaster 93535 Los Angeles 3137-010-906 Heavy Industrial Heavy Industrial (HI) 0 0 14.14 vacant land Fair Market
Value N/A N/A
City of Lancaster City 2340 W. Avenue J-8 Lancaster 93536 Los Angeles 3129-028-900 Urban Residential R-7,000 1/7,000 sq. ft 1/7,000 sq. ft 5.0 community/ education center
Fair Market
Value 4,950,000.00$ 1/7/2025
City of Lancaster City 47205 60th Street E Unincorporated LA County 93535 Los Angeles 3302-021-900 Rural Land 20 A-2 Heavy Agricultural 0 0.5-1/1 AC 1.25 vacant land/ former
golf course
Fair Market
Value N/A N/A
LA County would
be the approving
agency for any
project. City is
property owner.

City of Lancaster City 47205 60th Street E Unincorporated LA County 93535 Los Angeles 3302-021-901 Rural Land 20 A-2 Heavy Agricultural 0 0.5-1/1 AC 9.05 vacant land/ former
golf course
Fair Market
Value N/A N/A
LA County would
be the approving
agency for any
project. City is
property owner.

City of Lancaster City 47205 60th Street E Unincorporated LA County 93535 Los Angeles 3302-020-900 Rural Land 20 A-2 Heavy Agricultural 0 0.5-1/1 AC 37.26 vacant land/ former
golf course
Fair Market
Value N/A N/A
LA County would
be the approving
agency for any
project. City is
property owner.

City of Lancaster City 45116 Valley Central
Way Lancaster 93536 Los Angeles 3153-015-940 Commercial Commercial Planned Development 15.1 (with a CUP) 30 (with a CUP) 10.03 parking lot Fair Market
Value N/A N/A
City of Lancaster City 104 E. Avenue K-4 Lancaster 93535 Los Angeles 3126-032-909 Specific Plan Light Industrial 0 0 2.62 business incubator Fair Market Value N/A N/A
Exhibit A
1 FIRST AMENDMENT TO CEO/CITY MANAGER EMPLOYMENT AGREEMENT This First Amendment to that certain Employment Agreement Dated July 9, 2024 (the “First Amendment”) by and between the CITY O F L A N C A S T E R , a California municipal corporation (“City”) and Trolis Niebla (“Employee”) is entered between the parties so as to be effective as of June __, 2026.

RECITALS
A. City and Manager entered that certain agreement (the “Agreement”) dated July 9, 2024, by which City’s City Council (the “City Council”) agreed to employ Manager to serve as the City Manager of the City; and
B. The City Council desires to amend the Agreement as set forth in this First Amendment, and the Parties mutually desire to enter into this First Amendment updating the terms and conditions of Manager’s appointment and employment as the City Manager of the City, while leaving all unaffected provisions of the Agreement unchanged; and
NOW THEREFORE, in consideration of the facts recited above, and the covenants, conditions and provisions below, the Parties agree as follows:

COVENANTS
SECTION 1. AMENDMENT TO TERM OF AGREEMENT. Section 1. of the Agreement is deleted in its entirety and replaced with the following, so as to extend term of the agreement 2 years:

1. Term of Agreement. This agreement shall be in full force and effect for a period of three (3) years commencing on the date set forth above and ending June 30, 2029, unless sooner terminated pursuant to the terms hereof. Notwithstanding the foregoing, this Agreement shall annually automatically extend from year to year unless either party gives the other party notice of its decision not to extend this agreement not less than six (6) months prior to the date of expiration.

SECTION 2. AMENDMENT TO COMPENSATION. Section 3 . of the Agreement is deleted in its entirety and replaced with the following, so as to amend the compensation provided to Manager:

3. Compensation. In consideration of the performance of the duties and functions as outlined herein, Employee shall receive the sum of Three Hundred Eighty Thousand Dollars ($380,000) per year payable at the time and in the manner as provided for all other executive management personnel of the City, which compensation shall be increased by

2.5% annually on each anniversary hereof (collectively, “Base Salary”), effective the first pay period of each new fiscal year.

SECTION 3. AMENDMENT TO AUTOMOBILE ALLOWANCE. Section 4. (a) of the Agreement is deleted in its entirety and replaced with the following:

4. (a) Automobile. The City shall provide Employee with an automobile allowance of $850 per month, to be used by Employee to provide, maintain, and insure reliable transportation, at Employee’s own expense, in support of daily business use as necessary. Employee shall 2 keep and maintain automobile insurance coverage for any and all vehicles used by Employee pursuant to paragraph 4(a) in accordance with California law.

SECTION 4. ADDITIONAL BENEFITS. The following sections are added to Section 4. (b) of the Agreement, immediately following Section 4. (b)(v):

4. (b) Additional Benefits. (vi) in lieu of the deferred compensation to which he would otherwise be entitled pursuant to Resolutions 22-10 (Section 17) and 19-38 (Sections 19, 20), the City shall contribute an amount equal to 15 percent of Base Salary each pay period to Employee’s 401(a) plan.

4. (b) Additional Benefits. (vii) City shall pay one hundred percent (100%) of the premium for health, dental care, and vision insurance for Employee, spouse and eligible children as of the effective date of this Agreement; if employee reaches 10 years of employment with the City, this benefit shall continue after the termination of the Agreement and any and all amendments thereto for the term of Employee’s life.

SECTION 5. UNAFFECTED PROVISIONS REMAIN IN FULL FORCE. All provisions of the Agreement excepting for those expressly amended by this First Amendment, shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the parties have entered into this First Amendment to the Agreement as of the date first written above.

CITY OF LANCASTER
By:

Mayor
ATTEST
Andrea Alexander
City Clerk

APPROVED AS TO FORM
Allison Burns City Attorney

MANAGER
By:

Trolis Niebla

Lancaster City CouncilAugust 25, 2026

Lancaster City Council
August 25, 2026