Lancaster City Council
August 25, 2026

C. The proposed facility is or will be serv ed by roads and all other necessary public and private service facilities and utilities of adequate capacity to serve the proposed use. The circulation features serving the proposed facility are adequate in width and location, and are improved and located in such a manner as to provide for the safe transport of hazardous wastes to the proposed facility.

D. The project has met or exceeded each requirement of this article.

E. All environmental impacts identified in any environmental document prepared as part of the process to comply with the California Environmental Quality Act and this article are insignificant, have been mitigated, or are acceptable due to a statement of overriding considerations, and the mitigation measures (if any) will be monitored under a mitigation monitoring program.

F. All the findings set forth in Article I of Chapter 17.32 have been met. Health risk and environmental risk assessments have been conducted for the proposed facility based on well- defined and credible assumptions detailing the results of a "worst-case" scenario as well as all other possible or probable accidents or spills at the proposed facility, which address both the potential threat to public health, safety and the environment posed by the proposed facility. (Prior zoning ord. § 711.130)

17.40.470 - Severability.

If any section, sentence, clause or phrase of this article is, for any reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The city council declares that it would have passed the ordinance codified in this article and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, sentences, clauses or phrases may be declared invalid or unconstitutional.
(Prior zoning ord. § 711.140)
Article VIII. - Mobilehome Use by a Caretaker

17.40.480 - Description and purpose.

The purpose of this article is to provide regulations for the location, design and use of mobilehomes for caretaker purposes.
(Prior zoning ord. § 713.110)

17.40.490 - Permit and application procedures.

A. Upon the issuance of a condi tional use permit and subject to all conditions imposed thereby and to the following regulations, a mobilehome may be used as a caretaker residence in the C,

CBD, CPD, H, MPD, LI, MI, HI and BP zones, when the planning commission finds the granting of such conditional use permit will not adversely affect properties in the vicinity and will not be contrary to the public interest.

B. Application. An application for a conditional use permit for a caretaker mobilehome shall include such materials as deemed necessary by the director to enable a complete analysis and appraisal of the proposal.
(Prior zoning ord. § 713.120)

17.40.500 - Permitted uses.

Permitted uses shall be limited to a one-family mobilehome for use by a caretaker and his immediate family on each legal parcel for which a conditional use permit is granted. (Prior zoning ord. § 713.121)

17.40.510 - Accessory uses.

Accessory uses are limited to awnings, cabanas, ramadas, storage sheds or cabinets, fences or windbreaks, carports and porches.
(Prior zoning ord. § 713.122)

17.40.520 - Use and development standards.

A. Density.

1. A caretaker mobilehome and any accessory struct ures shall be included in calculating lot coverage by buildings in all commercial and manufacturing zones.

B. Location.

1. The placement of the mobile home shall be at a location where the erection of residential structures is otherwise permitted by this title.

C. Time Limitation.

1. Any caretaker mobilehome shall be removed fro m the site prior to the end of 5 years from the date of the conditional use permit approval unless a lesser time period is specified by the commission.

D. Automobile Parking. A garage is not required for a caretaker's mobilehome.

E. Other Regulations.

1. Approval of a conditional us e permit for a mobilehome for use by a caretaker shall not relieve the applicant and his successors in interest from complying with all other applicable statutes, ordinances, rules and regulations.
(Prior zoning ord. § 713.150)

17.40.530 - Review for compliance.

Within one year subsequent to the granting of a conditional use permit for a mobilehome caretaker residence, and thereafter as needed, the director shall inspect such caretaker residence to insure compliance with all conditions of approval imposed by the planning commission.

Failure of the applicant to comply with said conditions shall provide grounds for initiation of permit revocation procedures by the planning commission. (Prior zoning ord. § 713.160)
Article IX. - Trailer Parks

17.40.540 - Recreational trailer parks.

Every conditional use permit for a recreational trailer park in the C zone shall be subject to the following conditions. All of the following conditions shall be deemed to be conditions of every conditional use permit granted for a recreational trailer park whether or not such conditions are set forth in the conditional use permit. The commission in granting the conditional use permit may impose additional conditions but may not change or modify any of the following conditions except as provided by Article II of Chapter 17.32.

A. Area. The recreational trailer park shall have an area of not less than 5 acres.

B. Density. The density of the recreational trai ler park shall not exceed 30 lots per acre.

C. Minimum Lot Size. No recrea tional vehicle lot shall have an average area of less than 1,000 square feet.

D. Signs. Signs shall be in accordance with the requirements of the C zone or as specified by the planning commission.

E. Duration of Occupancy. Occupancy by any one occupant and party shall be limited to 90 consecutive days within any 6-month period.

F. Prohibitions.

1. No permanent residency shall be permitted w ithin the recreational trailer park except for a caretaker, manager or employees responsible for maintaining and/or operating the property, as permitted by the zone and authorized by the commission as a part of the conditional use permit approval.

2. A recreational trailer park sh all have no dwelling units except that of a caretaker, manager or employees responsible for maintaining and/or operating the property, as permitted by the zone and authorized by the commission as a part of the conditional use permit approval.

3. Facilities within th e recreational trailer park shall be used only by the occupants of the park except where otherwise authorized by the commission as part of the conditional use permit approval.

4. Recreational vehicle lots shall not be used for any commercial activity by the occupants.

5. There shall be no principal commercial uses within the recreational trailer park except as permitted by the zone and authorized by the commission as part of the conditional use permit approval. This provision does not prohibit accessory uses where authorized by the commission as part of said conditional use permit approval, including, but not limited to, areas for the storage of unoccupied recreational vehicles.

G. Other Regulations. Approval of a conditional use permit for a recreational trailer park shall not relieve the applicant and his successors in interest from complying with all other applicable statutes, ordinances, rules and regulations.
(Prior zoning ord. § 713.2)

17.40.550 - Travel trailer parks.

Every conditional use permit for a travel trailer park in the C zone shall be subject to the following conditions. All of the following conditions shall be deemed to be conditions of every conditional use permit granted for a travel trailer park whether or not such conditions are set forth in the conditional use permit. The commission in granting the conditional use permit may impose additional conditions but may not change or modify any of the following conditions except as provided by Article II of Chapter 17.32.

A. Density. The density of the travel trai ler park shall not exceed 30 lots per acre.

B. Minimum Lot Size. No travel trailer lot shall have an average area of less than 1,000 square feet.

C. Location Within Mobilehome Parks. Where a travel trailer is located within a mobilehome park, it shall be a separate designated section of the mobilehome park and shall be so designated.

D. Signs. Signs shall be in accordance with the requirements of the C zone or as specified by the planning commission.

E. Duration of Occupancy. Occupancy by any one occupant and party shall be limited to 90 consecutive days in any 6-month period.
(Prior zoning ord. § 713.3)

Article X. - Commercial Coaches as Temporary Offices

17.40.560 - Purpose and intent.

The purpose and intent of this article shall be to establish standards for the use and placement of commercial coaches as temporary offices in the city. These provisions do not apply to temporary construction offices.
(Prior zoning ord. § 716.010)

17.40.570 - Applicability.

These specific standards are applicable for commercial coaches as temporary offices in all zones where they are allowed.
(Prior zoning ord. § 716.030)

17.40.580 - Standards.

When commercial coaches are used as temporary offices, they shall be reviewed by the director and shall meet the following standards:

A. Commercial coach offices shall not be m oved onto the site until building, electrical and plumbing permits have been obtained.

B. The commercial coach shal l have been manufactured after November 23, 1970, and have been issued an insignia of approval by the California Department of Housing and Community Development.

C. The commercial coach shall not have been altered in violation of applicable codes.

D. All commercial coach of fices shall be skirted or recessed into the ground.

E. All commercial coach offices shall be connected to water, approved sewerage system and other utilities. EXCEPTION: Temporary subdivision sales offices are not required to connect to a water and sewerage system, however, such offices shall be provided with temporary sanitary facilities. The offices and any temporary sanitary facilities shall be removed upon completion of the model home(s) which are used as a sales office for the project or after a period of one year whichever occurs first unless such office is connected to the water and sewerage system. Such offices shall not be eligible for any extensions as provided under subsection K of this section.

F. The commercial coach office shall be placed to comply with any yard requirements of the zone in which it is located.

G. The required amount of improved parking spaces shall be provided.

H. A handicap access ramp shall be pr ovided to all commercial coach offices.

I. No accessory structur es shall be allowed.

J. A moving permit shall be ob tained from the city if the commercial coach is moved within the city or from the county if it is moved from the county into the city.

K. A time limit of 2 years shall be placed on each commercial coach as a temporary office.

One extension of up to one year may be granted by the director. (Prior zoning ord. § 716.040)
Article XI. - Wind Energy Conversion Systems

17.40.590 - Purpose and intent.

In view of the rising costs of fossil fuels and thus electricity, the urgent need for alternative energy resources is a vital concern to the residents of the city. Harnessing the wind's energy is becoming an attractive energy alternative. In consideration of public health, safety and welfare, the eventual construction and siting of wind energy conversion systems, hereafter referred to as WECS, shall meet the standards established in this article. (Prior zoning ord. § 717.010)

17.40.600 - Applicability.

These specific standards are applicable for all wind energy conversion systems in zones in which they are allowed, or allowed subject to the granting of a conditional use permit. (Prior zoning ord. § 717.020)

17.40.610 - Standards.

The following standards shall apply to all wind energy conversion systems:

A. Automatic Overspeed Control. Any WECS shall have an automatic overspeed control which shall be designed to protect the system from sustaining structural failure, such as thrown blades and the overturning or breaking of towers due to an uncontrolled condition brought on by abnormally high winds.

B. Manual Shutdown. The WECS shall have a manually operable method that assures WECS shutdown. Acceptable methods include mechanical or hydraulic brakes or tail-vane deflection systems which turn the rotor out of the wind. (Shutdown is defined to mean a safe condition for WECS which is not its power-producing mode but either protects the WECS from unusual circumstances or protects those working on the machine.)

C. Blade Height. The minimum distance be tween the ground and any protruding blades utilized on a WECS shall be 15 feet for horizontal axis WECS and 10 feet for any vertical axis WECS as measured to the lowest point of blade travel/motion.

D. Tower Safety. WECS towers and supporting st ructures shall be designed and constructed in accordance with accepted engineering standards and applicable city building codes and shall be approved by the city engineer as to safety and suitability.

1. Tower heights of not more than 65 feet shal l be allowed on parcels between one and 5 acres and tower heights of not more than 80 feet shall be allowed on parcels of 5 acres or more, provided that the application includes evidence that the proposed height does not exceed the height recommended by the manufacturer or distributor of the system.

2. Roof-Mounted WECS. Devices or towers m ounted on buildings may require strengthening of the existing structure to bear the additional weight and stress created by the WECS for which a building permit shall be obtained.

3. Ground-Mounted WECS. Ground-m ounted WECS shall not be permitted in required front or side yards (setbacks). WECS in rear yards shall not be counted against lot coverage.

E. Tower Access. Climbing access to the ground- mounted WECS tower shall be limited in one of the following ways:

1. By means of a fence or wall not less than 6 fe et in height with locking gates enclosing the yard where the tower is located;

2. By means of a fence or wall not less than 6 feet in height with a locking gate around the base of the tower; or

3. By limiting tower climbing apparatus to no lower than 12 feet from the ground for horizontal axis WECS and 10 feet for vertical axis WECS.

F. Decibel levels for the WECS shall not excee d 60 decibels (dBA) as measured at the closest neighboring inhabited dwelling, except during short-term events such as utility outages and severe wind storms.

G. Electro-Magnetic Interference. The WECS shall not cause radio and/or television broadcasting or reception interference to the surrounding area.

H. Setbacks. If the structural design is approv ed by the city engineer as to the safety and stability, the WECS shall not be erected nearer to any lot line than the tower height.

I. Guy Wires. For towers which require guy wire s, anchor points for guy wires shall be located within property lines and not on or across any above ground electric transmission or distribution line.

J. Electrical Safety. The electrical box or any hazardous components of the WECS within ground reach shall be securely locked.

K. Signs. At least one sign shall be posted at th e base of the tower warning of electrical shock or high voltage.
(Ord. 804 (part), 2002; Prior zoning ord. § 717.030)

17.40.620 - Required conditions.

Required conditions of approval for the permit shall include but not be limited to the following:

A. Required permits shall be obtained from building and engineering services prior to installation of the WECS.

B. Every WECS shall be insured for an am ount sufficient to protect neighboring property owners in the event of mechanical or structural failures.

C. For utility interconnected WECS, Southern California Edison (SCE) shall be notified in writing of any proposed connection and SCE shall give written approval to such interconnection prior to installation.

D. Documentation shall be provided from the WECS manufacturer or a recognized testing facility indicating that the system will operate safely in Lancaster, California, atmospheric conditions. Suitable documentation attesting to the ability of the WECS to meet the standards of this section will be determined by the city engineer. Documentation considered suitable includes but is not limited to WECS and tower assembly designs bearing the stamp of a California registered civil or mechanical and electrical engineer attesting to the WECS compliance with the standards of this section.

E. Any WECS which ceases to be operable for a period of 60 days shall be removed within 6 months of the date it became inoperable.

F. Any WECS not in compliance with subsection D of this section is subject to a setback from all occupied buildings a distance at least equal to that shown in Figure 1 based on the WECS rotor diameter.

G. Notice of an application fo r installation of a WECS shall be provided to property owners within 300 feet of the property on which the system is to be located.

H. The system shall comply with all applicab le Federal Aviation Administration requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports, and the State Aeronautics Act ((Part 1 (commencing with Section 21001) of Division 9 of the Public Utilities Code)).

I. The application shall include a line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code.
(Ord. 804 (part), 2002; Prior zoning ord. § 717.040)
Article XII. - Exceptions to Height Regulations

17.40.630 - In general.

Structures such as chimneys, domes, elevator shaft housing, spires, steeples, towers, and similar objects not used for human occupancy are not subject to the height limitations of this title.

However, this section does not apply to signs or wind energy conversion systems. (Prior zoning ord. § 718.000)
Article XIII - Wireless Telecommunication Facilities
[6]

Footnotes:
--- (6) ---
Editor's note— Ord. No. 1070, Exh. A, adopted Jan. 14, 2020, repealed the former Art. XIII, §§

17.40.640—17.40.681, and enacted a new Art. XIII as se t out herein. The former Art. XIII pertained to similar subject matter and derived from Ord. 753 § 1 (Exh. A § 10 (part)), adopted 1999.

17.40.640 - Purpose and intent.

A. The purpose and intent of this article shall be to establish standards for the placement and use of wireless telecommunication facilities in all zones in which they are allowed within the City of Lancaster. These requirements provide incentives for well-designed and well placed telecommunication facilities by simplifying and shortening the review process, where warranted, while at the same time protecting the public interest. It is the City's intent, in establishing these standards, to allow for the development of wireless communication facilities where needed in accordance with the Telecommunications Act of 1996, while maintaining development standards and permitting requirements consistent with state law.
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)

17.40.650 - Applicability.

These standards are applicable to all wireless telecommunication facilities in all zones and in the public right-of-way where they are allowed. These standards do not apply to noncommercial

radio or television antennas, which shall be subject to the specific requirements for the zone in which they are located.
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)

17.40.660 - Permit Requirements.

A. Mini, Minor, Stealth and Ma jor wireless communication facilities shall require a Directors Review unless they exceed the allowed height for the zone in which they are located. In the event height is exceeded, a Conditional Use Permit shall be required. All wireless communication facilities shall comply with the development standards and submittal requirements identified within this Article.

B. Major wireless communicatio n facilities in the residential zones shall require a Conditional Use Permit.

C. Wireless communication facilities on City pr operty or within the public right-of-way shall comply with the required permitting process as indicated in Lancaster Municipal Code Sections

17.40.665-17.40.666
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)

17.40.661 - Collocations.

A. Notwithstanding any other pr ovision of this Chapter, the collocation of a new wireless communication facility on an existing major wireless communication facility that (i) was approved after January 1, 2007, by discretionary permit; (ii) was approved subject to an environmental impact report, negative declaration, or mitigated negative declaration; and (iii) otherwise complies with the requirements of Government Code §65850.6(b) for wireless communication collocation facilities shall not be required to obtain another discretionary permit approval, but shall be required to obtain all other applicable non-discretionary permit(s), as specified by this Title and the City-adopted Building Code, provided such collocation does not increase the height or change the location of the existing wireless facility or otherwise change the bulk, size, or other physical attributes of the existing permitted wireless communication facility.

B. The proposed collocation of a new wireless communication facility on an existing minor or major wireless communication facility that meets all of the requirements stated in the above paragraph may include new appurtenant equipment boxes or shelter units that are colored and/or disguised to match the existing equipment boxes or shelter units and that do not exceed the total volume of equipment boxes utilized by the existing wireless communication collocation facility per Section 6409 (a).

C. The proposed collocation of a new wirele ss communication facility on an existing major wireless communication facility that meets all of the requirements stated in the above paragraphs may not include the following:

1. More additional surface area of antennas than is being utilized by the existing wireless communication collocation facility, provided all antennas are colored and/or disguised to match the existing facility.

2. Any additional tower or additional suppor t structure than is shown in plans and specifications to be reasonably necessary to collocate the permitted antenna panels on the existing wireless communication facility. Unless otherwise approved in writing by the Director, and except as provided in this subsection, installation of all collocation accessory equipment and enclosures shall comply with the requirements of this Chapter.

D. Except as otherwise provided above, a Di rector's Review may be required when the proposed collocation facility:

1. Increases the height of the existing permitted tower/structure or otherwise changes the bulk, size, location, or any other physical attributes of the existing permitted wireless communication facility; or

2. Adds any microwave dish or other antenna not expressly permitted to be included in a collocation facility by this Section; or

3. Collocates on an existing legally permitt ed wireless communication facility; or

4. Will serve or be operated by more than one wireless services provider, unless an additional provider has properly obtained a written authorization from the Director after consideration of the factors applicable to administrative approval of collocation facilities set forth above in this Section, the size of the additional, proposed facility, and the potential visual or other impact of the proposed facility.
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)

17.40.662 - Development Criteria.

A. Screening and Site Selection Guidelines . The following screening and site selection guidelines apply to all wireless communication facilities:

1. Stealth facilities and con cealed antennas are preferred.

2. Wireless communications fa cilities shall be located where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening. Where insufficient screening exists, applicants shall provide screening satisfactory to the Development Services Director, or as otherwise required herein.

3. Ground-mounted wireless communi cations facilities shall be located only in close proximity to existing above-ground utilities, such as electrical towers or utility poles (which are not scheduled for removal or undergrounding for at least 18 months after the date of application),

light poles, trees of comparable heights, and in areas where they will not detract from the appearance of the City.

B. Wireless communication facilities shall be located in the following order of preference:

1. Collocated with existing wireless communications facilities.

2. On existing structures such as buildings, communication towers, or utility facilities.

3. On an existing signal, power, ligh t, or similar kinds of poles.

4. In industrial zones.

5. In commercial zones.

6. In residential zones, subject to additional restrictions set forth herein.

C. When located on any existing non-residential building or structure or on any existing utility pole provided such location complies with all of the following:

1. The collocation is in full compliance with the California Public Utilities Commission Joint Pole Association General Order 95, Rule 94, and any other applicable state or federal regulations; and

2. Existing Major Wireless Communications Faci lity to be utilized for collocation shall previously be granted with a Conditional Use Permit or a Director's Review approval, including modification of an existing Conditional Use Permit or Director's Review: and

3. All accessory equipment and enclosures sh all be located underground or screened from public view as approved in writing by the Director; and

4. Unless shown in the submitted application documentation to not be technically and/or commercially feasible, all antennas and/or antenna panels shall be flush mounted and limited in number to that amount necessary to achieve the required coverage described in said documentation.

5. The proposed facility will replace or modify an existing facility for purposes of collocation.

6. The proposed facility will be designed and constructed in a manner to allow for future collocation of an additional wireless communication carrier provided the applicant submits written documentation that shows:

A more preferable location, as determined by reference to Section 17.40.662 (2) cannot be reasonably accommodated by the applicant due to technical requirements of the proposed facility including, but not limited to, coverage requirements imposed by the Federal Communications Commission (FCC) or otherwise by law, or due to other factors beyond the applicant's

reasonable control. For the purposes of this Chapter, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed Major Wireless Communications Facility to the nearest property line of any residential land use, or to the nearest point of another Major Wireless Communications Facility.

D. General Development Requirements.

1. As part of the application process, each wi reless communications facility applicant may, at the discretion of the Director, be required to provide written documentation demonstrating good faith efforts in locating facilities in accordance with the Site Selection Guidelines (order of preference). Such documentation shall include at minimum a coverage map (before and as proposed) and analysis of alternative sites.

2. Wireless communications facilities shall not b ear any signs or advertising devices other than certification, warning, or other required seals or legally required signage. Advertising of any kind on the facility is prohibited.

3. All accessory equipment a ssociated with the operation of the wireless communications facility shall be located within a building, enclosure, or underground vault that complies with the development standards of the zone in which the accessory equipment is located, subject to City approval. If the equipment is permitted to be located above ground, it shall be visually compatible with the surrounding buildings and include sufficient landscaping to screen the structure from view.

4. Wireless communications facilities shall be subdued colors and non-reflective materials, which blend with surrounding materials and colors.

5. All screening for building-mounted facilities shall be compatible with the existing architecture, color, texture, and/or materials of the building.

6. Monopoles and antennas shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the wireless communications facility. The applicant shall provide documentation satisfactory to the Director establishing compliance with this subsection.

7. Proof of Federal Communications Commission and Federal Aviation Administration approvals shall be provided prior to building permit issuance.

8. Where possible, wireless tel ecommunication facilities shall be integrated into the design of the existing buildings on-site.

9. Wireless telecommunication facilities, includ ing equipment buildings and cabinetry shall be treated to match existing buildings on-site.

10. Wireless telecommunica tion facilities shall be painted with a non-reflective finish in a color to be determined by the approving authority which best matches the background

environment color. Primarily, colors shall be light blue where the predominant background for the structure is above the horizon and beige where the background is the mountains or desert.

11. Lighting, other than required sa fety lights, is prohibited.

12. Construction and operation of a wireless telecommunication facility shall meet the noise standards identified in the City of Lancaster's General Plan (Table 3-1) and adhere to the City's Noise Ordinance (Chapter 8.24 of the Lancaster Municipal Code). A detailed noise study by a qualified acoustical engineer may be requied to document that the noise levels meet the required levels and to determine any necessary attenuation measures.

13. Anti-climbing devices are required.

14. Any required parking or landscaping disp laced by the construction of a wireless telecommunication facility shall be replaced on-site or additional review for off-site parking shall be required. Landscape plans shall be submitted according to the most recent landscape ordinance, as necessary.

15. Wireless telecommunication facilities shall not be placed where they will cause interference with the operation of other wireless telecommunication facilities, wind energy conversion systems or solar power systems.

The Development Services Director, or their designee, or the Planning Commission, as appropriate, can require additional design criteria or other information as deemed necessary to integrate the proposed wireless telecommunication facilities with the surrounding area. (Ord. No. 1070, § 4(Exh. A), 1-14-2020)

17.40.665 - Submittal Requirements for Wireless Telecommunication Facilities within the Public Right-of-Way.

A. All wireless telecommunicat ion facilities which are installed, erected, co-located, or modified within the City right-of-way following the effective date of the ordinance codified in this chapter shall conform to the following requirements.

B. All equipment shall be associated with a specific provider and the GPS coordinates of any nodes to be connected to must be provided. No applications will be accepted for equipment if the provider is not identified in advance and the GPS coordinates of the connecting nodes are not provided.

C. Wireless facilities applications proposed for location in the public right-of-way that conform to the requirements in Section 17.40.675 shall be submitted to the Community Development Services Department for processing. Any request for a deviation from the requirements shall require the Director’s of Development Services' review and approval.

D. Any applicant that seeks approval for five or more wireless telecommunications facilities in the public right-of-way within a 24-month period, either individually or cumulatively, shall submit a Director's Review application. Approved facilities shall require subsequent individual permitting from Building and Safety.

E. Installation of wireless telecommunications facilities within the City right-of-way will be permitted subject to issuance of a Master Telecommunications Agreement, encroachment permit, and payment of applicable permit fees. The City Engineer or his designee will review and approve encroachment permit applications from carriers which hold a Certificate of Public Convenience and Necessity (CPCN) from the California Public Utilities Commission (CPUC) subject to the criteria contained in this section. A Removal or Relocation Security, and a certificate of general liability insurance and commercial automobile liability insurance in a form and amount acceptable to the City must be submitted prior to issuance of the permit, and maintained for as long as the facilities exist within the City right-of-way.

F. In addition to the require ments found in this chapter, every wireless telecommunication facility request within the public right-of-way must be accompanied by the following prior to review:

1. Elevations showing the height of the pr oposed facility, location and placement of any related equipment, and the height of other structures within a 60-foot radius from the proposed location;

2. A completed Master Tele communications Agreement;

3. Photos of the site with a rendering of the proposed facility taken from a minimum of three directions;

4. A written description and map identifying the location of the proposed facility in relation to all existing and planned facilities within a two (2) mile radius maintained within the City by each of the applicant, operator, and owner, with an explanation of the facility's purpose to address service coverage or capacity, and graphic and/or written evidence which demonstrates the inability of existing facilities to meet the need met by the new facility. (Ord. No. 1070, § 4(Exh. A), 1-14-2020)

17.40.666 - Development and Design Standards for Wireless Telecommunication Facilities in the Public Right-of-Way.

All wireless telecommunications facilities that are located within the public right-of-way shall be designed and maintained as to minimize visual, noise, and other impacts on the surrounding community and shall be planned, designated, located, and erected in accordance with the following:

A. Wireless telecommunication fa cilities in the public right-of-way shall not alter vehicular circulation or parking in the public right-of-way, nor impede vehicular or pedestrian access or

visibility along any public right-of-way. No facility shall interfere with the use of City property or the public right-of-way, no any City or public utility facility located in the public right-of- way, no any reasonable expectation of future City, general public, or public utility use of the public right-of-way. Any such facility shall be moved, permanently or temporarily, at the permittee's expense, as determined by the Director of Development Services.

B. In no case shall a new facility be erected ad jacent to vacant land unless there is an approved project or site plan associated with the parcel and the applicant assumes responsibility for moving the facility, permanently or temporarily, at the permittee's expense, should the facility become incompatible due to revision or cancellation of the project or plan, as determined by the Director of Development Services. If the facility is required to be to be moved, the permittee has 180 days (6 months) to move the facility from the date of notification.

C. Location. Wireless teleco mmunication facilities in the public right-of-way shall be developed in the following manner in order of preference:

1. Co-located on an existing City-owned light pol e in any zone except residential, provided the facility conforms to the design guidelines and is located on a primary or secondary arterial street.

The permittee shall enter into a facilities lease agreement with the City for the use of the pole.

2. A new light pole in any zone except residentia l, provided the facility conforms to the design guidelines, is located on a primary or secondary arterial street, and is proposed in a location with an approved site plan or map that is in the permitting process at the time of application.

3. A co-located facility, replacement light pol e, or new light pole proposed in a residential zone shall require a Director's Review.

D. Design.

1. Wireless communication faciliti es shall not bear any signs or advertising devices other than certification, warning, or other required seals or required signage.

2. All antennas shall meet the minimum siting di stances to habitable structures required for compliance with Federal Communications Commission (FCC) regulations and standards governing the environmental effects of radio frequency emissions.

3. No more than one (1) antenna assemb ly may be attached to a light pole.

4. All cabling and wiring shall be run through the interior of the pole. No exposed slack or extra cable is allowed.

5. An antenna assembly must be mounted to the top of the pole, or flush to the pole near the top.

6. A flush-mounted antenna assembly may no t exceed a total volume of 3 cubic feet. A cylindrical antenna assembly shall not exceed 5 feet above the existing height of a light pole or

50% larger than the top diameter of the pole, whichever is less, unless additional separation is required for conformance with CPUC General Order 95 clearance requirements.

7. No portion of the antenna or transmission equipment mounted on a pole may be less than 16 feet above any road surface to minimize potential safety conflicts with users of said roadway.

8. All parts of the antenna assembly sha ll be completely shrouded with no exposed components or mounting apparatus.

9. The facility shall comply w ith all applicable sections of the City of Lancaster's adopted Building Code.

10. Replacement Poles. If an applicant proposes to replace a pole in order to accommodate a proposed facility, the pole shall be designed to resemble the appearance and dimensions of existing poles near the proposed location, including size, height, color, materials, and style to the maximum extent feasible.

11. New Poles. The model of new pole shall be de termined by the City and will be either a) the same model and manufacturer normally required for the location, or b) the equivalent to a Replacement Pole for the required model should that model not be able to accommodate the facility.

E. Support Equipment. To preserve community aesthetics, all facility equipment, excluding antennas, aboveground vents and the smallest possible electrical meter boxes, shall to the greatest extent possible be required to be located underground, flush to the finished grade, shall be fully enclosed, and not cross property lines. Equipment may include, but not be limited to, the following: meter pedestals, fiber optic nodes, radio remote units or heads, power filters, cables, cabinets, vaults, junction or power boxes, and gas generators. Wherever possible, electrical meter boxes related to wireless facilities shall be appropriately screened, not visible to the general public, and located in less prominent areas within the public right-of-way. Where it can be demonstrated that undergrounding of equipment is infeasible due to conflict with other utilities, the City Engineer may approve alternative above grade equipment mounting, including pole mounting, when adequately screened from public view. Any approved above grade equipment must be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise inconvenience public use of the right-of-way, or create safety hazards to pedestrians or motorists.
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)

17.40.668 - Removal of Wireless Telecommunication Facilities within the Public Right-of-Way.

A. Any wireless telecommunicati on facility in the public right of way may at any time be required to be removed and/or relocated by the City at the owner's expense for any reason including, but not limited to, street reconstruction or widening.

B. In the event that the wireless telecommunicati on facility is deemed to be unsafe or unstable due to damage as a result of an act of nature (e.g., severe wind storm, etc.), vandalism, or any other such incident, the facility shall be removed immediately. If the owner of the telecommunications facility does not remove the facility immediately as requested, the City shall remove the structure and bill the owner. The owner shall have the right to rebuild the structure in the same location
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)

17.40.670 - Submittal Requirements for Wireless Telecommunication Facilities on Private Property.

A. Prior to review, every wireless telecommuni cation facility request must be accompanied by the following:

1. A site plan showing the locations of exis ting structures, parking facilities, driveways, landscaping, conduit, fiber, and other relevant infrastructure and information on-site as well as the location of adjacent buildings and structures within a distance equal to the height of the proposed facility or 60 feet, whichever is greater, measured from the base of the support structure;

2. Detailed engineering plans for the proposed f acility including GPS coordinates on a Datum, Reference and at an accuracy acceptable to the City; and depth and size of all conduit and fiber locations;

3. Elevations showing the height of the propo sed facility, cabinetry or equipment buildings supporting the facility, and the height of other structures on-site;

4. Property owner's authorization for establishm ent of a wireless telecommunication facility.

Include a copy of the lease agreement with a statement regarding liability for future removal of the structure;

5. Proof of Federal Communications Commission licensing;

6. A map or narrative of othe r facilities proposed or existing to support the proposed facility including identification of the carrier the connection is being made for and the GPS coordinates of the nodes being connected to.

B. Prior to review, major wireless telecommu nications facilities (including stealth and co- located facilities) must be accompanied by the following:

1. Photos of the site taken fro m a minimum of four directions with an emphasis on the worst case scenario as seen from the most visually sensitive adjacent use or street right-of-way.

2. A rendering of the proposed facility s uperimposed upon a photograph of the site.

3. A siting statement describing the method used to determine the height and location of the facility. Describe how other alternative sites would not be feasible.

4. A co-location statement, which is a writte n statement indicating that the applicant will accept collocation of other wireless telecommunication facilities at the proposed location in good faith and that an exclusive lease agreement will not be signed between the owner of the property and the wireless telecommunication facilities provider.

5. Proof of Public Utilities Commission license for the applicant to provide service in this area.
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)

17.40.675 - Work Standards.

A. All work shall be done in a good and sk illful manner, subject to the inspection and reasonable satisfaction of the City. All work shall comply with standards imposed by City ordinance and be conducted with the least possible hindrance or interference to the public right- of-way and City property. The telecommunications facility shall occupy the smallest space necessary and be installed in such a manner as to not unreasonably hinder the future installation of co-located facilities.

B. The operator/applicant sha ll be responsible for any damage to City street pavement, existing utilities, curbs, gutters, sidewalks or to any private property or improvements, including but not limited to subsidence, cracking, erosion, collapse, weakening, or loss of lateral support, to the extent caused by its installation, maintenance, repair or removal of its wireless telecommunication facility and shall repair, replace and restore in kind any such damaged facilities at its sole expense and to the reasonable satisfaction of the City.

C. If the public right-of-way to be utilized has preexisting installation(s) placed in said right- of-way, the operator/applicant shall assume the responsibility to verify the location of the preexisting installation and notify City and any third part of the proposed installation. The reasonable cost of any work required of such third party or City to provide adequate space or required clearance to accommodate the installation shall be borne solely by the operator/applicant.

D. The operator/applicant sha ll be responsible for ensuring that the work of employees, contractors, subcontractors, agents, representative and permitted assigns is performed consistent with applicable laws and shall be responsible for acts or omissions of such third parties including responsibility for promptly correcting acts or omissions. (Ord. No. 1070, § 4(Exh. A), 1-14-2020)

17.40.680 - Performance Standards.

No wireless communication facility shall interfere with any public safety radio communications system. Wireless communication facilities shall comply with all FCC rules and regulations regarding the avoidance, mitigation, and abatement of any such interference (Ord. No. 1070, § 4(Exh. A), 1-14-2020)

17.40.681 - Abandonment.

A. A wireless communications facility is c onsidered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless communication services for 180 or more days. Such removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the City.

B. A written notice of the determination of ab andonment shall be sent by first class mail, or personally delivered, to the operator of the wireless communications facility at said operator's business address on file with the City. The operator shall remove all facilities within 30 days of the date of such notice unless, within 10 business days of the date of said notice, the operator appeals such determination, in writing, to the Planning Commission. The Director shall schedule a hearing on the matter to be conducted before the Planning Commission at which time the operator may present any relevant evidence on the issue of abandonment. The Planning Commission may affirm, reverse, or modify with or without conditions the original determination of abandonment and shall make written findings in support of its decision. The decision of the Planning Commission shall be final.

C. Any wireless communications facility determined to be abandoned and not removed within the 30-day period from the date of notice, or where an appeal has been timely filed, within such time as prescribed by the Planning Commission following its final determination of abandonment, shall be in violation of this Chapter, and the operator of such facility shall be subject to the penalties prescribed herein. Facilities determined to be abandoned and not removed within the time limits prescribed herein hereby are deemed to be a nuisance and, alternative to the procedure described above, may be abated as a nuisance in any manner provided by law. (Ord. No. 1070, § 4(Exh. A), 1-14-2020)

17.40.682 - Deployment of Temporary Facilities.

A temporary wireless communication facility may be deployed subject to approval by the Director and the following:

A. A permanent wireless communication facility has been approved for the property in question.

B. The temporary facility was approved as part of the Conditional Use Permit or other discretionary application.

C. The facility is deployed for no more than six (6) months, provided that two extensions may be granted by the Director; however, the total period shall not exceed one (1) year. (Ord. No. 1070, § 4(Exh. A), 1-14-2020)

17.40.683 - Notifications.

All notifications with respect to this ordinance shall be provided via certified, return receipt mail and addressed to the applicant, property owner identified in the lease (private property) and/or the entity identified in the Master Telecommunications Agreement (public right-of-way). (Ord. No. 1070, § 4(Exh. A), 1-14-2020)

17.40.684 - Relationship to State and Federal Law.

Wireless telecommunication facilities are heavily regulated by both state and federal law. If and to the extent there is any conflict between any provision of this article and any applicable provision of federal law, the federal law shall control and the conflicting provision of this article shall have no force or effect. If and to the extent there is any conflict between any provision of this article and any applicable provision of state law, the state law shall control and the conflicting provision of this article shall have no force or effect. (Ord. No. 1070, § 4(Exh. A), 1-14-2020)

17.40.685 - Severability.

If any section, sentence, clause or phrase of this article is, for any reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The city council declares that it would have passed the ordinance codified in this article and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, sentences, clauses or phrases may be declared invalid or unconstitutional.
(Ord. No. 1070, § 4(Exh. A), 1-14-2020; Ord. No. 1130, § 4(Exh. A), 5-27-2025) Article XIV. - Co-Located Small Wind Energy Systems

17.40.690 - Co-located Small Wind Energy Systems (CSWES).

A. Purpose and Intent. It is the purpose and inte nt of this section to promote the safe, effective and efficient construction and use of CSWES on commercial and industrial lots within the city limits of the City of Lancaster. These regulations are intended to assure that CSWES are designed and located in a manner that minimizes visual, noise, and safety impacts on the surrounding community.

B. Applicability. These specific standards are applicable for all co-located small wind energy systems in commercial and industrial zones allowed subject to approval of a director's review in accordance with Article VI of Chapter 17.32.

C. Definitions. The following are definitions of specialized terms and phrases used in this section. Definitions of general terms and phrases are located in Chapter 17.04 Section 17.04.240 (Definitions).

1. "Co-located small wind energy system (C SWES)" shall mean a wind energy conversion system that is located on a pole with site lighting below the turbine, which has a rated capacity of 8kW or less.

2. "Temporary meteorological tower (met tower)" shall mean a temporary structure which includes the tower, base plate, anchors, guy cables and hardware, anemometers, (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at any given location.

3. "Co-located wind energy system height" sha ll mean the vertical distance from ground level to the tip of the wind generator blade when it is at its highest point.

D. Restriction on Use of Electricity Ge nerated by CSWES. A CSWES shall be used exclusively to supply electrical power for on-site consumption. Electrical power generated by the CSWES exceeding on-site consumption may be used by the utility company in exchange for a reduction in the cost of electrical power supplied by that company to the parcel for on-site use, as long as no net revenue is produced by such excess electrical power. CSWES, as allowed pursuant to this section shall not be used for commercial production or profit.

E. Property Development Regulations. A CSWES sh all be subject to all applicable regulations of the commercial and industrial zones in which it is proposed, except that the following standards shall take precedence over the regulations of the commercial and industrial zones to the extent that installation of co-located small wind energy systems (CSWES) where permitted by a director's review application, shall be constructed in the following manner:

1. Minimum development/parcel size: Developments of a minimum of twenty (20) acres or more with parking lot light fixtures at a minimum of twenty-five (25) feet in height.

2. Setbacks: Co-located small wind energy sy stems shall meet the following setbacks:
a. A distance equal to the tower height from any abutting private properties that are not part of the development.
b. A distance equal to the tower height fr om any overhead utility lines, unless written permission is granted by the affected utility.

c. A distance equal to one hundred fifty (150) feet from any property that is residentially used or designated.

3. Noise: Co-located small wind energy systems shall meet the following criteria with respect to noise:
a. A site-specific noise study or the manuf acturer's engineered sound studies shall be submitted for review to verify that the noise level will comply with the noise element of the general plan.
b. On-site noise levels for each unit shall not exceed 70 decibels (dBA) except during short- term events, such as utility outages and severe windstorms. c. Noise levels at the property line of the deve lopment site shall not exceed 70 decibels, if the adjacent use is a commercial or industrial use, and shall not exceed 65 decibels, if the adjacent use is residential.

4. Aesthetics: Co-located small wind energy sy stems shall meet the following criteria with respect to aesthetics:
a. All proposed replacement poles for a CSWES system shall be of the same design, shape and color as the remaining light poles throughout the parking lot. b. The wind turbine housing and the blades of the CSWES system shall not be brightly colored. The turbine housing should be white, sky colored, or should coordinate with the color palette approved for the project buildings, subject to the approval of the planning director. c. The physical size of the turbine shall no t extend beyond thirty-six (36) inches from the center of the pole.
d. The maximum diameter of the blades shall not exceed sixteen (16) feet. e. All electrical transmi ssion lines from the tower shall be installed underground.

5. Access:
a. All ground mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
b. The pole shall be designed and installed so as to not provide step bolts or a ladder.

6. Lighting:
a. A co-located small wind energy system (CSWES) shall not be illuminated unless such lighting is required by the Federal Aviation Administration. A light temporarily used to inspect a

turbine, tower and associated equipment is permissible, providing said light is only used for inspection purposes and not left on for an extended period of time. b. The height of the light fixture on the struct ure itself shall not be altered from its original height as previously permitted or as permitted by the reviewing authority when co-locating a CSWES in a parking lot.

7. Height: Co-located small wi nd energy systems shall meet the following criteria with respect to height:
a. The maximum CSWES height shall be sixty (60) feet at the highest point with one (1) of the blades at its highest vertical point.
b. The maximum height of the center of the tu rbine shall not exceed fifty-three (53) feet. c. The maximum diameter of the blades from the lowest point to the highest point shall not exceed sixteen (16) feet.

8. Temporary meteorological (met) towers sha ll be permitted under the same standards as those for a CSWES facility. Approval for a temporary met tower shall be valid for a maximum of thirty (30) days.

9. Signs: All signs, other than the manufacturer' s or installer's identification, and appropriate warning signs, shall be prohibited.

10. Building Permit: Applicable building pe rmits shall be required for a CSWES.

11. FAA Height Restrictions: Th e system shall comply with all applicable Federal Aviation Administration requirements, including but not limited to Subpart B (commencing with Section

77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports. These regulations apply to any installation within 20,000 feet of an airport and exceeding specific heights based on specific FAA and airport parameters.

12. Abandoned/Inoperative CSWES: Any CSWES d eemed to be abandoned or inoperative for a period of six (6) months, shall constitute a public nuisance pursuant to Chapter 8.28 of the Lancaster Municipal Code. The property owner shall abate such nuisance in accordance with Section 8.28.050, of the Lancaster Municipal Code. The city shall retain the right to abate such nuisance in accordance with the procedures and requirements of Chapter 8.28.

F. The planning director may require additional design criteria or other information as deemed necessary to integrate the proposed CSWES with the surrounding area. (Ord. No. 941, § 2, 2-9-2010)

Article XV. Massage Establishments

17.40.700 Amortization.

Any massage establishment which was legally existing on the effective date of this ordinance, which obtained required entitlements and operated in conformity with the provisions of Chapter 5.34 prior to effective date of this ordinance, but which, after the date of this ordinance does not possess the current minimum entitlements required by the code, shall be regarded as a nonconforming use and shall be required to obtain those entitlements prior to business license renewal in compliance with Title 5. On or before such date, all such nonconforming uses not possessing the required entitlements shall be terminated unless an extension of time has been approved by the director.

A. Abandonment. Notwithstanding the above, an y discontinuance or abandonment of the use of any tenant space or structure as a legal nonconforming massage establishment shall result in a loss of the legal nonconforming status of such use.

B. Amortization — annexed property. Any massage establishment which was a legal use at the time of annexation of the property and which is located in the city, but which does not possess the current minimum entitlements required by the code and does not conform to the provisions of Chapter

5.34 shall be terminated within 18 months of the date of annexation.

C. Applications Denied or Revoked. No massa ge establishment application shall be filed or accepted if a denial or revocation has been taken within one year on an application requesting the same or substantially the same application.

Chapter 17.41 - ADDITIONAL RESIDENTIAL USE REGULATIONS
Article I. - Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) Regulations

17.41.010 - Purpose of ADU and JADU regulations.

The purpose of this article (Sections 17.41.010— 17.41.020) is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2, 65852.22, and 65852.23. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.41.012 - Definitions applicable to ADU and JADU regulations.

As used in this section, terms are defined as follows:

A. "Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined by Section 1 7958.1 of the California Health and Safety Code; and

2. A manufactured home, as defined by Sect ion 18007 of the California Health and Safety Code.

B. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

C. "Complete independent living facilities" means pe rmanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated.

D. "Efficiency kitchen" means a kitchen that includes all of the following:

1. A cooking facility with appliances.

2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the junior accessory dwelling unit.

E. "High-quality transit corridor" shall have the meaning as set forth in Public Resources Code Section 21155.

F. "Junior accessory dwelling un it" or "JADU" means a residentia l unit that satisfies all of the following:

1. It is no more than 500 square feet in size.

2. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.

3. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

4. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

5. It includes an efficiency kitchen, as defined in subsection D above.

G. "Living area" means the interior habitable ar ea of a dwelling unit, including habitable basements and attics, but does not include a garage or any accessory structure.

H. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

I. "Passageway" means a pathway that is unobstruct ed clear to the sky and extends from a street to one entrance of the ADU or JADU.

J. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

K. "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

L. "State-exemption ADUs" means ADUs an d JADUs allowed by Government Code Section 65852.2(e), which are limited to:

1. An ADU that is within the space of an existing or proposed single-family dwelling or accessory structure and, if located within an accessory structure, may include an expansion of not more than 150 square feet beyond the same physical di mensions as the existing structure. The additional square footage shall be limited to accommodating ingress and egress.

2. A junior accessory dwelling unit as defined in this subsection that does not exceed 500 square feet.

3. A detached, new construction, ADU that does not exceed 800 square feet, height in compliance with Section 21.78.050.D.1, and 4-foot side and rear yard setbacks for a lot with

a proposed or existing single-family dwelling. A JADU as described in subparagraph (2) is also allowed on the same lot.

4. Multiple ADUs within the portions of existi ng multi-family structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings; not to exceed 25% of the existing multi-family dwelling units.

5. Not more than 2 ADUs that are located on a lo t that has an existing multi-family dwelling, but are detached from that multi-family dwelling and are subject to a height limit of 18 feet and 4-foot rear yard and side setbacks.

M. "Tandem parking" means that 2 or more autom obiles are parked on a driveway or in any other location on a lot, lined up behind one another.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.41.014 - ADU and JADU approvals.

A. Building Permit. Any ADU or JADU that complies with all of the applicable development standards of this article requires only a ministerial building permit.

B. Review Timeline. The city shall approve or de ny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:

1. The owner of the parcel requests a delay, in wh ich case the 60-day time period is put on hold for the period of the requested delay; or

2. When an application to create an ADU or JADU is submitted with an application to create a new single-family or multi-family dwelling on the same parcel, the city may delay acting on the permit application for the ADU or JADU unt il the city acts on the permit application to create the new single-family or multi-family dwelling, but the application to create the ADU or JADU will still be considered ministerial and acted upon without discretionary review or a hearing.

C. Denial Requirements. If the city denies an applicat ion to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to t he applicant within the 60-day time period established by subsection B above.

D. Demolition Permit. A demolition permit for a deta ched garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.41.016 - ADU and JADU development standards.

A. ADUs and JADUs on a Single-Family Lot. ADU and JA DU standards for lots in a residential or mixed- use zone with a proposed or existing single-family dwelling shall comply with the following:

1. General Requirements.
a. Maximum Number. No more than one JADU and one ADU shall be allowed per legal parcel. b. Minimum Size. The minimum size of an ADU or JADU shall be at least that of an efficiency unit as defined in Section 17958.1 of the Health and Safety Code. c. JADU Requirements. JADUs shall comply with the requirements of Government Code Section 65852.22.

2. Requirements for Interior ADU (Converted Space) on a Single-Family Lot. a. Definition. An interior ADU is either:
1) Within the space of an existing or proposed single-family dwelling; or 2) Within the existing space of an accessor y structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress. b. Access. An interior ADU shall have exterior access that is independent of that for the single- family dwelling; and
c. Setbacks. An interior ADU shall have side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

3. Requirements for Attached ADU on a Single-Family Lot. a. Definition. An attached ADU is new constructi on that is attached to the primary structure and is not an interior ADU as defined in subsection A.2.a.
b. Maximum Size. An attached ADU shall not exceed 850 square feet for a studio or one- bedroom unit and 1,200 square feet for a unit with 2 or more bedroom. Application of the requirements of this subsection A.3 might furt her limit the size of the ADU; however, no application A.3.d.1 (front-yard setbacks) or A. 3.e (maximum lot coverage) may require the ADU to be less than 850 square feet.
c. Maximum Height. An attached ADU shall not exceed 25 feet in height. Notwithstanding the foregoing, ADUs shall not exceed 2 stories.
d. Minimum Setbacks.
1) Front-yard setback: 25 feet
2) Side-yard setback: 4 feet
3) Rear-yard setback: 4 feet
e. Maximum Lot Coverage.

Zone Maximum Lot Coverage
RR-2.5, RR-1, SRR, R-15000, R-10,000 40%
R-7,000, MDR and HDR 50%
Mixed Use Zones 60%

4. Requirements for Detached ADU on a Single-Family Lot. a. Definition. A detached ADU is new constructi on that is detached from the primary structure and is not an interior ADU as defined in subsection A.2.a. b. Maximum Height. A detached ADU shall not exceed 18 feet in height, and up to 2 additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. c. Minimum Setbacks.

1) Front-yard setback: 25 feet
2) Side-yard setback: 4 feet
3) Rear-yard setback: 4 feet
d. Maximum Lot Coverage.

Zone Maximum Lot Coverage
RR-2.5, RR-1, SRR, R-15000, R-10,000 40%
R-7,000, MDR and HDR 50%
Mixed Use Zones 60%

5. Interior ADU Combined with New Construction. Where an ADU is created through a combination of conversion of an existing structure (interior ADU) and new construction (either attached ADU or detached ADU), the new construction portion of the project is subject to the development standards applicable to new construction standar ds for attached ADUs in subsection A.3 or detached ADU in subsection A.4, as applicable. If the interior ADU exceeds the maximum sizes indicated in subsections A.3 and A.4, no additional square footage shall be permitted.

B. ADUs on a Multi-Family Lot. ADU standards for lots in a residential or mixed-use zone with existing or proposed multi-family dwellings shall comply with the following:

1. General Requirements.
a. Maximum Number.
1) Up to 25% of the number of units in the proposed or existing multi-family dwelling (but no less than one) shall be allowed as interi or ADUs created within the space of the existing or proposed multi-family structure; and
2) No more than 2 detached ADUs per lot.
b. Minimum Size. The minimum size of an ADU s hall be at least that of an efficiency unit as defined in Section 17958.1 of the Health and Safety Code.

2. Requirements for Interior ADU (Converted Space) on a Multi-family Lot. a. Definition. An interior ADU is created from space located within portions of existing or proposed multi-family dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages; and b. Standards. An interior ADU shall comply with state building standards for dwellings.

3. Requirements for Detached ADU on a Multi-family Lot. a. Definition. A detached ADU is new constructi on that is detached from the primary structure and is not an interior ADU as defined in subsection B.2.a. b. Maximum Size. A detached ADU shall not exceed 850 square feet for a studio or one- bedroom unit and 1,200 square feet for a unit with 2 or more bedrooms. Application of the requirements of this subsection B.3 might furt her limit the size of the ADU; however, no application of the requirements in subsecti on B.3.d.1 (front-yard setbacks) or B.3.e (maximum lot coverage) may require the ADU to be less than 850 square feet.

c. Maximum Height. Eighteen feet, and up to 2 addi tional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary structure.
d. Minimum Setbacks.
1) Front-yard setback: 25 feet
2) Side-yard setback: 4 feet
3) Rear-yard setback: 4 feet
e. Maximum Lot Coverage.

Zone Maximum Lot Coverage
RR-2.5, RR-1, SRR, R-15000, R-10,000 40%
R-7,000, MDR and HDR 50%
Mixed Use Zones 60%

(Ord. No. 1106, § 4(Exh. A), 10-10-2023; Ord. No. 1130, § 4(Exh. A), 5-27-2025)

17.41.018 - ADU and JADU requirements.

The following requirements apply to all ADUs and JADUs.

A. Fire Sprinklers.

1. Fire sprinklers are required in an ADU (attached, detached or conversions) and JADU if sprinklers are required in the primary residence.

2. The construction of an ADU (attached, detac hed or conversions) or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

B. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

C. No Separate Conveyance. An ADU or JADU may be rented. However, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dw elling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multi-family lot).

D. Septic System. If the ADU or JADU will conn ect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last 5 years or, if the percolation test has been recertified, within the last 10 years.

E. Owner Occupancy. Except as specified in subsections 1 and 2, below, at least one person with legal or equitable title to the property on whic h an ADU or JADU is located must reside on that property as that person's legal domicile and pe rmanent residence. The owner may reside in an ADU, JADU, or primary dwelling on the property.

1. Any ADU that is permitted a fter January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirements unless the property has both an ADU and a JADU, in which case the owner-occupancy requirements apply.

2. The property on which a JADU is located is entirely owned by another governmental agency, land trust, or housing organization is not subject to any owner-occupancy requirement.

F. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the county recorder's office and a copy filed with the director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:

1. Except as otherwise provided in Gove rnment Code Section 65852. 26, the ADU or JADU may not be sold separately from the primary dwelling.

2. The ADU or JADU is restricted to the approved size and to other attributes allowed by this chapter.

3. The deed restriction runs with the land and ma y be enforced against future property owners.

4. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilitie s. To remove the deed restriction, an owner may make a written request of the director, providing evidence that the ADU or JADU has in fact been eliminated. The director may then det ermine whether the evidence supports the claim that the adu or jadu has been eliminated. appeal may be taken from the director's determination consistent with other provisions of this code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code.

5. The deed restriction is enforceable by the di rector or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

G. Building and Safety.

1. Building Code Compliance. Subject to subsection 2, below, all ADUs and JADUs shall comply with all local building code requirements.

2. No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or code enforcement division officer makes a written finding based on substantial evidence in the record t hat the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (subsection

17.41.018.G) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

H. Parking.

1. Generally. One off-street parking space is required for ea ch ADU in addition to parking spaces required for the primary residence(s) and subject to the following:
a. Parking must be located on the same pa rcel as the unit, on a paved surface, without encroachment beyond the parcel boundaries, and accessible by a paved pathway. b. Parking may be provided as tandem parki ng, including on a paved driveway provided:
1) No parking shall be permitted in the front setback unless the driveway has a minimum depth of 20 feet.

2) Unless otherwise determined by the direct or to be infeasible for specific site or regional topographical or fire and life safety conditions.

2. Exceptions.
a. Parking for the ADU or JADU. Parking required pursuant to subsection H.1, above, is not required if:
1) The ADU is an interior ADU that is co nverted from proposed or existing space of a primary dwelling/structure or existing accessory structure; or 2) The ADU is located within one-half mile walking distance of public transit, as defined in Section 17.41.012.
3) The ADU is an ADU or JADU that meet s the definition of state-exemption ADU in Section 17.41.012.
b. Replacement Parking. When a garage, carport, or covered parking structure is demolished in conjunction with the construc tion of an ADU on the same parcel to be converted to an ADU, those off-street park ing spaces are not required to be replaced.

This provision does not apply where a JADU is established by conversion of any attached garage; in which case, the loss of parking spaces serving the single-family residence shall be replaced in kind.

3. Parking Design.
a. Dimensions. The parking for the ADU or JADU shall be provided by a 10-foot by 20-foot space located either inside a garage or carport, or on a driveway. b. Turn Arounds. Parking spaces for ADUs and JADUs shall not block circular drives or hammerhead turn-arounds that serve the primary dwelling unit to provide means by which vehicles can enter a street head-first.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.41.020 - ADU and JADU nonconforming zoning code conditions, building code violations, and unpermitted structures.

A. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

B. Unpermitted ADUs constructed before 2018.

1. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
a. The ADU violates applicable building standards, or
b. The ADU does not comply with the stat e ADU law (Government Code Section 65852.2) or this ADU ordinance (Chapter 17.41, Article I (Sections 17.41.010—17.41.020)).

2. Exceptions:
a. Notwithstanding subsection B.1. a, above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is ne cessary to protect the health and safety of the public or of occupants of the structure.
b. Subsection B.1.a, above, does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
Article II. - Density Bonus

17.41.030 - Density bonus purpose.

The purpose of this article is to establish a program in accordance with Section 65915 et seq. of the California Government Code to provide both density increases and other incentives to encourage the creation of housing affordable to moderate-, low-, and very low-income households and units intended to serve seniors, transitional foster youth, disabled veterans, homeless persons, and lower income in the threshold amounts specified in state law.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.41.032 - Density bonus applicability.

A. General. All proposed housing developments that qualify under California Government Code Section 65915 for a density increase and other incentives , and any qualified land transfer under California Government Code Section 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code Section 65915, as may be amended.

B. Compliance. The applicant shall comply with a ll requirements stated in Government Code Sections 65915 through 65918. The requirements of Govern ment Code Sections 65915 through 65918, and any amendments thereto, shall prevail over any conflicting provision of this code.

C. Excluded Development. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under Government Code Section 65915.

D. Interpretation. The provisions of this subdivision shall be interpreted to implement and be consistent with the requirements of Government Code Section 65915. Any changes to Government Code Section 65915 shall be deemed to supersede and govern over any conflicting provisions contained herein. If any portion of this article conflicts with State De nsity Bonus Law or other applicable state law, state law shall supersede this section. Any ambiguities in this article shall be interpreted to be consistent with State Density Bonus Law.

E. Replacement Housing Requirement. Pursuant to subdivision (c)(3) of Government Code Section 65915, the applicant will be ineligible for a densit y bonus or other incentives unless the applicant complies with the replacement housing requirements therein, including in the following circumstances:

1. The housing development is proposed on any parc el(s) on which rental dwelling units are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income;

2. The housing development is proposed on any pa rcel(s) on which rental dwelling units that were subject to a recorded covenant, ordinance, or law that restricted rents to levels affordable to persons and families of lower or very low income have been vacated or demolished in the 5-year period preceding the application;

3. The housing development is proposed on any par cel(s) on which the dwelling units are occupied by lower or very low-income households; or

4. The housing development is proposed on any parcel(s) on which the dwelling units that were occupied by lower or very low-income households have been vacated or demolished in the 5- year period preceding the application.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.41.034 - Density increase and other incentives/concessions.

A. General. If a qualifying affordable housing project or land transfer meets the criteria of California Government Code Section 65915 et seq., the project shall be granted a density bonus, the amount of which shall be as specified in California Govern ment Code Section 65915 et seq., and incentives or concessions also as described in California Government Code Section 65915 et seq.

B. Density Bonus Units. Except as otherwise required by Government Code Section 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.

C. Market-Rate Senior Citizen Housing Development s. Market-rate senior citizen housing developments that qualify for a density bonus shall not receive any other incentives or concessions, unless Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.41.036 - Physical constraints and parking waivers.

A. Physical Constraints. Except as restricted by Government Code Section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by do cumentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The city shall approve a waiver or reduction of a development standard, unless it finds that:

1. The application of the developm ent standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;

2. The waiver or reduction of the developmen t standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible me thod to satisfactorily mitigate or avoid the specific adverse impact;

3. The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or

4. The waiver or reduction of the development standa rd would be contrary to state or federal law.

B. Parking. The applicant may request, and the city s hall grant, a reduction in parking requirements in accordance with Government Code Section 65915(p), as that section may be amended from time to time.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.41.038 - Retention of density bonus units.

Consistent with the provisions of California Government Code Section 65915 et seq., prior to a density increase or other incentives being approved for a project, the City of Lancaster and the applicant shall agree in writing to an appropriate method of ensuring the continued availability of the density bonus units.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.41.040 - Application procedure for density increase or other incentives/concessions.

A. An application for a density increase or other in centives under this article for a housing development shall be submitted in writing to the city to be proce ssed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this article, and in connection with the project for which the request is made, including, but not limited to, the following:

1. A brief description of the proposed housing development;

2. The total number of housing units and/or shar ed housing units proposed in the development project, including unit sizes and number of bedrooms. For the purposes of this section, a "shared housing unit" means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the "minimum room area" specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of "guestroom" in Section R202 of the California Residential Code;

3. The total number of units proposed to be granted through the density increase and incentive program over and above the otherwise maximum density for the project site;

4. The total number of units to be made affordable to or reserved for sale, or rental to, very low, low- or moderate-income households, or senior citizens, or other qualifying residents;

5. The zoning, general plan designations and asse ssor's parcel number(s) of the project site;

6. A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway(s) and parking layout;

7. Within zones that rely on a form based code, a base density study that identifies the density feasible on the site without incentives, concessions or density bonuses;

8. The proposed method of ensuring the continued availability of the density bonus units; and

9. A list of any concession(s) or incentive(s) being requested to facilitate the development of the project, and a description of why the concession(s) or incentive(s) is needed.

B. The application shall be considered by the plann ing commission and/or the city council at the same time each considers the project for which the request is being made. If the project is not to be otherwise considered by the planning commission or the city council, the request being made under this article shall be considered by the community development director or designee, separately. The request shall be approved if the applicant complies with the provisions of California Government Code Section 65915 et seq.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
Article III. - Two-Unit Projects

17.41.050 - Two-unit projects purpose.

The purpose of this article (Sections 17.41.050 through 17.41.058) is to allow and appropriately regulate two-unit projects in single-family residential zones (rural residential RR-2.5, rural residential RR- 1, semi-rural residential SRR, residential R-15,000, residential R-10,000, and residential R-7,000) in accordance with Government Code Section 65852.21.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.41.052 - Definitions.

A. "Accessory dwelling unit" (ADU ) shall have the same meaning as specified in Section 17.41.012.

B. "Dwelling unit" shall have the same meaning as specified in Section 17.04.240.

C. "Individual property owner" me ans a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trus t that holds fee title. "Individual property owner" does not include any corporation or corpor ate person of any kind (p artnership, limited partnership, limited liability company, C corporation, S corporation) except for a community-based land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii) ) or a qualified non-profit corporation (as defined by Section 214.15).

D. "Junior accessory dw elling unit" (JADU) shall have the same meeting as specified in Section

17.41.012.

E. "Primary dwelling unit" means a single-family residen ce on the parcel and is the larger of the 2 if there is an existing accessory dwelling unit on the parcel.

F. "Two-unit project" means the development of 2 primary dwelling units, or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

G. "Urban lot split" shall have the same m eaning as specified in Section 16.17.020.A. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.41.054 - Applications.

A. Only an individual property owner may apply for a two-unit project.

B. An application for a two-unit project must be submitted on the city's approved form. Only a complete application will be considered.

C. The applicant must obtain a certificate of comp liance pursuant to the subdivision map act for the lot and provide the certificate with the application for a two-unit project.

D. The city may establish a fee to recover its cost s for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application submittal. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.41.056 - Approval.

A. An application for a two-unit project is approve d or denied ministerially by the community development director without discretionary review.

B. The ministerial approval of a two-unit project does not take effect until the city has confirmed that the required documents, including but not limited to , deed restrictions and easements, have been recorded.

C. The approval must require the owner and applic ant to hold the city harmless from all claims and damages related to the approval and its subject matter.

D. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.41.058 - Requirements.

A two-unit project must satisfy each of the following requirements:

A. Subdivision Map Act Compliance. The lot must have been legally subdivided.

B. Zone. The lot is in a single-family residential zone (rural residential RR-2.5, rural residential RR- 1, semi-rural residential SRR, residential R-15,000, residential R-10,000, and residential R- 7,000).

C. Lot Location. Two-unit project lot shall not be located on a site that is any of the following:

1. Prime farmland, farmland of statewide import ance, as defined pursuant to the United States Department of Agriculture land inventory and m onitoring criteria, as modified for California, and designated on the maps prepared by the farmland mapping and monitoring program of the department of conservation, or land that is zoned or designated for agricultural protection or preservation by a local ballot measure.

2. A wetland that would prevent development of the two-unit project lot.

3. Within a high fire hazard severity zone as determined by the California Department of Forestry and Fire Protection pursuant to Gove rnment Code Section 51178, or as indicated on maps adopted by the said department pursuant to Public Resources Code Section 51179(b), unless the site complies with all fire hazard mitigation measures required by existing building standards or state fire mitigation measures applicable to development.

4. A hazardous waste site pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the California Department of Toxic Substances Control pursuant to Section 25356 of the State Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or State Department of Toxic Substances control has cleared the site for residential use.

5. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

6. Within a 100-year flood hazard area as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. However, a development may be located on a lot described herein if the lot is otherwise eligible for approval under the provisions of this code and the applicant is abl e to satisfy all applicable federal qualifying criteria demonstrating the site has either:
a. Been subject to a letter of map revision prepared by FEMA and issued to the city; or b. Meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 and Part 60 of Subchapter 8 of Chapter 1 of Title 44 of the Code of Federal Regulations.

7. Within a regulatory floodway as determined by FEMA in any official maps published by FEMA, unless the development has received a no -rise certification in accordance with §

60.3(d)(3) of Title 44 of the Code of Federal Regulations.

8. Encumbered with a conservation easement or identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the Federal Endangered Species Act, or other adopted natural resource protection plan.

9. Containing habitat for protected species ident ified as candidate, sensitive, or species of special status by state or federal agencies, fu lly protected species, or species protected by the Federal Endangered Species Act, the State Endangered Species Act, or the Native Plant Protection Act that would prevent development of the site.

10. Areas encumbered by a recorded easement that would prevent development of the site.

11. Containing a residential use in a zone other than those stated herein.

D. No Impact on Protected Housing.

1. The two-unit project must not require or in clude the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for hous eholds of moderate, low, or very low income, as defined by the state.
b. Housing that is subject to any form of r ent or price control through a public entity's valid exercise of its police power.
c. Housing, or a lot that used to have hous ing, that has been withdrawn from rental or lease under the Ellis Act (Government Code Sections 7060—7060.7) at any time in the 15 years prior to submission of the two-unit project.
d. Housing that has been occupied by a tenant in the last 3 years.

2. As part of the two-unit project application, the applicant and the owner of the property must provide a sworn statement by affidavit repr esenting and warranting that this subsection

17.041.058.D is satisfied. The sworn statement must state that:
a. No housing that is income-restricted fo r households of moderate, low, or very low income will be demolished or altered.
b. No housing that is subject to any form of rent or price cont rol will be demolished or altered.
c. No housing that has been withdrawn from re ntal or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.
d. No housing that has been occupied by a tenant in the last 3 years will be demolished or altered.

3. The city may conduct its own inquiries and inve stigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties. The city may require additional evidence of the applicant and owner, as necessary, to determine compliance with this requirement.

E. Existing Structures. The proposed dwelling uni t development shall not include the demolition of more than 25% of the existing exterior structural walls unless the site has not been occupied by a tenant in the last 3 years.

F. Unit Standards. The two-unit project shall comply with all of the following standards.

Notwithstanding any provisions in this subsecti on, and with the exception of side and rear yard setbacks, any of the following development or design standards that physically preclude the development of 2 dwelling units from each being 800 square feet in floor area, as determined by the director of community development shall be waived.

1. Quantity.
a. No more than 2 dwelling units of any kind may be built as part of a two-unit project. b. The following development is permitted on each lot, including each of the 2 lots resulting from an urban lot split:
1) One attached duplex unit; or
2) Two primary dwelling units; or
3) A primary dwelling unit and an ADU; or
4) A primary dwelling unit and a JADU.

2. Structures. Structures shall not be located in areas encumbered by a recorded easement.

3. Unit Size.

a. The total floor area of each primary dwe lling that is developed under this section must be less than or equal to 800 square feet and more than 500 square feet. b. A primary dwelling that was legally establ ished prior to the two-unit project and that is larger than 800 square feet is limited to t he maximum floor area allowed for that zone at the time of the urban lot split. It shall not be expanded. c. A primary dwelling that was legally establ ished prior to the two-unit project and that is smaller than 800 square feet may be expanded to 800 square feet but no greater. d. Basements shall not be permitted.
e. The combined maximum floor area on the lo t, inclusive of both units, shall be 1,700 square feet.
f. If the lot is fully developed with the number of units permitted under this article, then the applicant or property owner shall record a deed restriction in a form approved by the city attorney's office stipulating that no further development on the lot is permitted.

4. Height Restrictions.
a. No new primary dwelling unit shall exceed a single story. b. No new primary dwelling unit shall exceed 22 feet in height measured from natural grade to peak of the structure.
c. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from the provisions of this article.

5. Lot Coverage. Development shall not exceed 50% lot coverage.

6. Setbacks. All setbacks must conform to those objective setbacks of the underlying zone, except for the following:
a. Existing Structures. No setback is requir ed for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure. b. Side and Rear Setbacks. Setback areas sha ll be a minimum 4 feet from a side or rear property line.
c. Front Setback. Notwiths tanding any other part of this code, dwellings that are constructed pursuant to this article shall be at least 25 feet from the front property line.

The front setback area must:
1) Be kept free from all structures higher than 3 feet; 2) Be at least 50% landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect; 3) Allow for vehicular and fire-safety access to the front dwelling unit; and 4) All portions of the dwelling units constr ucted pursuant to this article, including eave overhangs and other projections, shall meet the required setbacks as set forth in this section.

7. Parking. At least one off-street parkin g space shall be provided per dwelling unit, unless either of the following applies:
a. The lot is located within one-half mile wa lking distance of either a high-quality transit corridor according to subdivision (b) of Section 21155 of the Public Resources Code with fixed route bus service with service in tervals of no longer than 15 minutes during peak commute hours, or a major transit stop consisting of an existing rail or bus rapid transit station, as defined in Section 21064.3 of the Public Resources Code. b. There is a car share vehicle located within one block of the lot.

8. Driveways.
a. Driveway access to all new units shall comply with city standard details and specifications for driveways and turnarounds.
b. A two-unit project shall be constructed on a lot that has access to, provides access to, or adjoins, a public right-of-way. Any urban lot split created shall ensure that each lot has access to, provides access to, or adjoins a public right-of-way.

9. Design Standards. The objective design standard s in Article IV of this Chapter (Chapter

17.41) shall apply to all dwellings except acce ssory dwelling units. If there is a conflict between this Article and Article IV, this Articl e shall prevail. Access ory dwelling units are subject to Chapter 17.41, Article I.

10. Landscaping. Evergreen la ndscape screening shall be planted and maintained between each detached dwelling unit and adjacent lots, but not rights-of-way, as follows:
a. At least one 15-gallon size plant or tr ee shall be provided for every 5 linear feet of exterior wall, or at least one 24-inch box si ze plant or tree shall be provided for every 10 linear feet of exterior wall, or a solid fence of at least 6 feet in height shall be installed. b. All landscaping shall be drought tolerant.
c. All landscaping shall be from the city's approved plant list.

G. Nonconforming Conditions. A two-unit project may be approved without requiring a legal nonconforming zoning condition to be corrected.

H. Utilities.

1. All dwelling units shall be connected to public water utilities and to either public sewer or an onsite wastewater treatment system.

2. Each primary dwelling unit must have its ow n direct utility connecti on to the utility service provider.

3. Each dwelling unit that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation te st completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years.

4. All electric and utility services to a new dwelling unit shall be underground.

I. Building and Safety. All structures built on the lot must comply with all current city building standards.

J. Regulation of Uses.

1. Residential Only. No non-residential us e shall be permitted on the lot except home occupations pursuant to Lancaster Municipal Code Section 17.08.200 (Home Occupations).

2. Short-Term Rentals. No dwelling unit on a lot shall be rented for a period of less than 30 days.

3. Owner Occupancy. The property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile. In the case of an urban lot split, the property owner shall occupy at least one of the units for a period of not less than 3 years.

K. Notice of Construction.

1. At least 30 business days before starting an y construction of a two-unit project, the property owner shall provide written notice to all the ow ners of record of each adjacent lot that is zoned for residential use, which notice shall include the following information:
a. Statement that construction has been authorized;

b. Anticipated construction start and end dates;
c. Hours of construction;
d. Contact information for the project manag er for construction related complaints; and e. Contact information for the building and safety department.

2. The notice requirement is solely for inform ational purposes and does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued.

L. Deed Restriction. The owner shall record a deed restriction, acceptable to the city, on each two- unit project lot that provides each of the following:

1. Expressly prohibits any rental of any dwe lling unit on the property for a period of less than 30 days.

2. Expressly prohibits any non-residential use of the lots.

3. Expressly prohibits any separate conveyance of a primary dwelling unit on the property, any separate fee interest, and any common interest development within the lot.

4. States that development on the lot is limit ed to the dwelling units under Section 17.41.058.F.1 except as required by state law.

M. Specific Adverse Impacts.

1. Notwithstanding anything else in this section, the city may deny an application for a two-unit project if the building official makes a wri tten finding, based on a preponderance of the evidence, that the project would have a specific, adverse impact on either public health and safety or on the physical environment and fo r which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. "Specific adverse impact" has the same meaning as in Government Code Section 65589.5(d)(2): "a significant, quantifiable direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include either (1) inconsistency with the zoning ordinance or general plan land use designation, or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

N. Remedies. If a two-unit project violates any par t of this code or any other legal requirement, the following apply:

1. The buyer, grantee, or lessee of any part of the property has an action for damages or to avoid the deed, sale, or contract.

2. The city may:
a. Bring an action to enjoin any attempt to sell, lease, or finance the property. b. Bring an action for other legal, equitable, or summary remedy, including but not limited to, declaratory and injunctive relief.
c. Pursue criminal prosecuti on, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000.00, or both; or a misdemeanor. d. Record a notice of violation.
e. Withhold any or all future permits and approvals.
f. Pursue all other administrative, legal, or equi table remedies that are allowed by law or the city's code.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
Article IV. - Objective Design Standards (ODS)

17.41.070 - ODS purpose.

The objective design standards (ODS) in Article IV of this chapter (Sections 17.41.070 through

17.41.088) draw from and complement existing context-based design criteria set forth in other sections of this Title 17 and the general plan. The purposes of the ODS are to:
• Provide long-term value to neighborhoods and districts through high design quality site planning and building design;
• Encourage design approaches that encourage pedestrian and non-motorized vehicle use; • Reduce barriers to housing for very low-, low-, or moderate-income households; and • Accelerate housing production through the clear communication of design objectives and efficient permitting process for qualifying residential and mixed-use development projects pursuant to Government Code Section 65589.5 and Section 65913.4. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.41.072 - ODS applicability and procedures.

A. Applicable developments. This article estab lishes ODS for all residential projects and mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.

B. Alternative review process. Residential and mix ed use developments that are subject to this article must be consistent with each of the applicable ODS included herein. However, applicants who cannot or do not wish to meet one or more of the ODS in this article can request a design modification in accordance with Section 17.41.100.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.41.074 - Site design and pedestrian connections and amenities—All projects.

A. Purpose. These objective site design and pedes trian improvement regulations are established to help ensure that new residential and mixed use developm ent provides connectivit y, both physically and visually, that designs encourage pedestria n and non-motorized vehicle use, and help ensure separation of motor vehicle circulation from pedestrians and cyclists.

B. Internal circulation requirements for reside ntial and mixed use projects in all zones.

1. An internal system of pedestrian walkways shall be designed that provides direct access connections to and between the following:
a. Entrances to each primary structure;
b. Off-street parking areas or parking structures; and c. The public sidewalk system along the perimeter streets abutting the development.

2. All required pedestrian walkways shall be hard surfaced and a minimum of 4 feet wide.

3. Subdivisions of more than 40 lots and multi-dw elling development of more than 40 units shall have at least one entryway feature that identifies the development for motorists. a. At a minimum, the entry feature shall include the following elements:
1) A landscaped area of at least 32 square feet.
2) A monument sign with the name of the subdivision or multi-dwelling development in a font legible to motorists.
b. Entryway features meeting this standard shall located at the primary entryway to the subdivision or multi-dwelling development. The primary entryway is the one that is forecast to receive the greatest average daily vehicle trips.

4. If a new cul-de-sac is planned that will serv e more than 6 dwelling units, it shall be designed to provide pedestrian and bicycle through-access via a paseo or similar feature at the end of the cul- de-sac connecting to adjacent streets or publicly accessible open space. This standard does not apply to cul-de-sacs where connectivity is precluded by existing development or other features.

5. On new local residential streets and on private roadways within developments serving at least 40 dwelling units, at least 2 of the following traffi c-calming measures shall be used to reduce automobile speed:
a. Corner bulb-outs.
b. Mid-block bump-outs.
c. Tree plantings.
d. Enhanced paving at crosswalks.

C. Site design requirements for residential and mixed-use projects in mixed use zones.

1. Site designs shall utilize a grid or modified-g rid block pattern to maximize access and circulation efficiency.

2. Individual residential driveway s shall not take access from arterial or collector streets. Vehicle access shall be via alleys or local streets. Where provided, alleys shall include enhanced paving, landscape pockets, and night-time lighting.

3. Non-residential loading and service areas s hall not be located between the building and the primary street frontage.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.41.076 - Building architecture and form—Residenti al single-unit and multi-unit buildings up to 4 units.

A. Purpose. These objective building architecture and form regulations are established to help ensure that new residential single-unit and multi-unit buildings up to 4 units provide long-term value to neighborhoods and districts through high design quality building design and enhanced elevations for residential structures that contribute to an attractive neighborhood streetscape.

B. Objective design standards for residential single-unit and multi-unit buildings up to 4 units in all zones.

1. Building facades shall be articulated by variation in massing, roof form, and wall planes. This standard shall be met by providing wall plane variation on front and street side facades as specified below.

a. For any front or street side building facade l onger than 25 feet in length, blank walls shall not exceed 25 feet. Wall plane variation of at leas t 2 feet in depth and 5 feet in length shall be provided for relief for every 25 feet of building facade. b. In lieu of a wall plane variation, pop-out elements such as bay windows and porches may be provided to achieve the same effect. Bay windows shall extend a minimum of one foot from the building facade. Porches shall extend a minimum of 5 feet from the building facade.

2. For structures containing 2 or more primary uni ts, multiple colors, materials, textures, and applied finishes shall be used to help break up wall massing. This standard shall be met if a minimum of 2 exterior building materials, or a different application of the same material, are used on the front and street side facades. Glass for windows shall not be considered one of the 2 materials.

3. Distinctive entries, porches, balconies, and window treatments shall be used on all street-oriented building facades. This standard shall be met by providing the entryway and window features as follows:
a. The primary entrance for each dwelling unit must be within 8 feet of the longest street-facing wall of that unit and face the street. Units which are located above or behind other units are exempt from this standard.
b. Entryways shall consist of one of the following:
1) A front porch with a minimum depth of 5 feet, as measured from the building facade to the posts, and a minimum length of 8 feet; or
2) A recess or stoop measuring at least 4 feet by 4 feet which is well defined by a gabled entry, distinct change in roof line or columns, or has some other significant architectural distinction.
c. The primary entrance shall be directly accessible from an adjacent sidewalk. Where no sidewalk exists, the connection shall be to t he abutting public street. On corner lots, the primary entrance can be oriented toward either street.
d. At least 15% of the area of each facade that faces a street lot line must be windows or main pedestrian entrance doors. All windows on a st reet-facing facade may be counted toward meeting this standard.

4. Residential buildings shall use tile roofing (c oncrete, ceramic, etc.). Exceptions: Other roofing material may be permitted when consistent with existing adjacent properties provided that asphalt shingles are prohibited on lots that are adjoining a public street and corrugated metal, galvanized metal, and similar sheets and panels are prohibited for use in all roof structures.

5. The length of the garage wall facing the street may be up to 50% of the length of the street-facing building facade. Roll-up garage door types are permitted. Swing-out garage doors are prohibited.

6. Builders of residential subdivisions shall ensure architectural variation by providing a minimum of the following combinations, dependent on the proposed number of residential units in the development:

Proposed number of residential units Minimum number of elevations Fewer than 20 units 3
20 to 50 units 3
50 to 100 units 4

100 units or greater 5

In no instance shall 2 homes of the same model and floor plan be built adjacent to each other or directly across the street from each other.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.41.078 - Building architecture and form—Residential multi-unit buildi ngs (5 or more units) and mixed use projects.

A. Purpose. These objective building architecture and form regulations are established to help ensure that new residential multi-unit buildings (5 or more units) and mixed use projects provide long-term value to neighborhoods and districts through high design quality building design and enhanced elevations for residential structures that contribute to an attractive neighborhood streetscape.

B. Objective design standards for residential multi-unit buildings (5 or more units) and mixed use projects in all zones.

1. Building facades shall be articulated by variation in massing, roof form, and wall planes. This standard shall be met if:
a. At least 25% of the area of a street-facing facade is divided into facade planes that are off- set by at least 2 feet in depth from the rest of the facade. Facade area used to meet the facade articulation standard may be recessed behind, or project out from, the primary facade plane, but projections into street right-of-way do not count toward meeting this standard. b. All street facing facades shall include a mini mum of 2 of the architectural features listed below:
1) Recessed entrance(s): 3 to 6 feet deep (relative to building facade). 2) Eaves: overhang of not less than 12 inches.
3) Offset: offset in facade or roof of at least 2 feet that extends for at least 4 feet. 4) Bay window: projects from front elevation by not less one foot; up to a maximum of 2 feet.
5) Balcony: one per dwelling unit facing the street, with a minimum depth of 3 feet. c. Building setbacks and wall alignments shall be varied along facades abutting property zoned Rural Residential and Urban Residential (RR- 2.5, RR-1, SRR, R-7,000, R-10,000, or R- 15,000 zones).

Wall plane variation of at least 2 feet in depth and 5 feet in length shall be provided for relief for every 50 linear feet of building facade.
d. Rooflines shall be vertically articulated at a maximum of 50-foot intervals along all street frontages through one of the following techniques:
1) A change in height of a minimum 4 feet;
2) A change in roof pitch, plane, or form; or
3) The inclusion of dormers, gables, par apets, varying cornices, and/or clerestory windows.

2. Multiple colors, materials, textures, and appli ed finishes shall be used to break up wall massing.

This standard shall be met if a minimum of 2 exterior building materials, or a different application of the same material, are used on all facades. Glass for windows shall not be considered one of the 2 materials. Prohibited materials include viny l and aluminum siding, T-111 plywood siding, and exterior insulation finishing system (EIFS).

3. Distinctive entries, porches, balconies, and window treatment shall be provided on street-facing facades. This standard shall be met, if:
a. Buildings adjacent to the street have at l east one primary building entry oriented to the street.

Direct pedestrian access shall be provided bet ween the public sidewalk and the primary building entries. Buildings that are not adjacent to the street shall have front entries that are oriented toward the common driveway or other common areas, such as paseos, forecourts, common walkways, and useable open space; and
b. Residential entries provide transitional spaces between public areas fronting the primary street and entrances. This type of element or equivalent shall be required for each unit or group of units; but no less than one of this type of element shall be provided. Building entrances shall incorporate at least one of the following transitional space entry features:
1) Stoop (at least 4 feet by 4 feet and no higher than 5 feet in height). 2) Porch (at least 6 feet by 8 feet for comm on entries and at least 5 feet by 8 feet for individual entries).
3) Overhang (if building has a shared lobby) with a recessed depth of at least 3 feet. c. Nonresidential entries shall incorporate at least one of the following entry features:
1) Shopfront - a frontage where the main facade of the building is at or near the right-of- way/property line, with the building entrance at the sidewalk grade. For the purposes of this standard, "near the right-of-way/property line" means within 10 feet of the required maximum setback (or build-to line) applicable to the site frontage. 2) Gallery - a frontage where the main facade of the building is aligned at or close to the right-of-way/property line and the gallery elem ent (an attached cantilevered shed roof or colonnade) overlaps the sidewalk. Galleries shall have a consistent depth along the frontage of at least 10 feet. An encroachment permit is required for any structure in the public right-of-way.
3) Forecourt - a frontage where a portion of t he main facade of the building is at or near the right-of-way/property line and a central portion is set back, creating a courtyard. For the purposes of this standard, "near the right-of-way/property line" means within 10 feet of the required maximum setback (or build-to line) applicable to the site frontage. 4) Commercial Terrace - a frontage where a terrace extends along the building's frontage providing public (non-vehicular) circulation, outdoor uses and access to the commercial pace entries.
d. At least 20% of the area of each facade that faces a street lot line must consist of windows or main entrance doors. Windows used to meet this standard must allow views from the building to the street. Glass block does not meet this standard. To count toward meeting this standard, a door must be at the main entrance and facing the street property line. e. Additional ground-floor window requirement for mixed use buildings. The following ground- floor window standards apply to the portion of a building with ground-floor commercial uses.

For the purposes of this paragraph, ground-floor wall area includes exterior wall area from 2 feet to 10 feet above the finished grade. R equired ground-floor windows must be windows in walls or entrances that allow views into working area or display windows (must be at least 24 inches deep set into a wall). The bottom of qualifying windows must be no more than 4 feet above the adjacent exterior grade:

1) Windows must cover at least 40% of t he ground floor wall area of the portion of a building that has a ground-floor commercial use when the ground-floor wall is located closer than 5 feet from a street lot line.
2) Windows must cover at least 25% of the ground floor wall area of the portion of building that has a ground-floor commercial use when the ground floor wall is located 5 feet or more from a street lot line.

4. Mechanical equipment located on the ground, such as heating or cooling equipment, pumps, or generators, must be screened from view from t he street and any abutting residential zones by walls, fences, or vegetation. Vegetative screening shall consist of an evergreen hedge maintained at least 2 feet wide hedge that will be tall enough at maturity to screen the equipment. Mechanical equipment placed on roofs must be screened in one of the following ways:
a. A parapet that is as tall as the tallest part of the equipment; b. A screen around the equipment that is as tall as the tallest part of the equipment; or c. The equipment is set back from roof edges 3 feet for each foot of height of the equipment. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.41.080 - Transitions and screening— Residential multi-unit buildings (5 or more units) and mixed use projects.

A. Purpose. These objective regulations for transiti ons and screening are established to help ensure that new residential multi-unit buildings (5 or more units) and mixed use projects provide visual and privacy transitions between proposed higher-intensity developments and adjacent, less-intensive uses.

B. Objective design standards for residential multi-unit buildings (5 or more units) and mixed use projects in all zones.

1. The heights of structures at the edge of mu lti-unit residential and mixed-use developments shall be "stepped down" to match or complement the maximum height of buildings allowed on any abutting property zoned Rural Residential and Urban Residential (RR-2.5, RR-1, SRR, R-7,000, R-10,000, or R-15,000). This standard shall be met by the following transition of allowed building height adjacent to the Urban Residential zone.
a. On the portion of a site within 25 feet of a lot line abutting a site zoned Urban Residential, the maximum allowed step-down height shall be 35 feet.
b. Sites with property lines that abut a site zone d Urban Residential for less than a 5-foot length are exempt from this standard.

2. Windows on multi-unit residential and mixed-use developments shall be designed to protect privacy of adjacent residentially zoned propertie s. This standard applies to new windows above the first story that are within 20 feet of, and would have an uninterrupted line of sight to, one or more windows an existing interior residential space. Opaque or clerestory windows shall be used, or windows shall be located at least 5 feet above the finished floor, as measured from the bottom of the window/windowsill.

3. A masonry wall or fence (wrought iron and tubular steel) of not less than 5 nor greater than 6 feet in height shall be provided at the property line as follows:
a. Around the perimeter of a residential subdivi sion. This standard does not apply where the perimeter is coterminous with front lot lines or vehicle or pedestrian access points. b. Around the perimeter of a multi-dwelling (wit h more than 5 units) development site or mixed use development site. On multi-dwelling sites with fewer than 40 units, this standard only applies where the site abuts a lot zoned Ru ral Residential and Urban Residential (RR-2.5,

RR-1, SRR, R-7,000, R-10, 000, or R-15,000). This standa rd does not apply where the perimeter is coterminous with the front lot line or vehicle or pedestrian access points. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.41.082 - Open space and common areas.

A. Purpose. These objective open space and common area regulations are established to help ensure that new residential and mixed use projects provide private and common outdoor areas where residents can relax, recreate, meet neighbors, and enjoy the benefits of outdoor air, all things known to enhance quality of life.

B. Objective Design Standards for Resident ial and Mixed Use Projects in All Zones.

1. For multi-family residential developments wi th more than 20 units, including townhouse developments, centralized open space and community facilities shall be provided to serve residents of the development. This standard shall be met by providing common open space areas consistent with the following requirements:
a. At least 15% of the total gross development area shall be common open space. b. Setback areas shall not be used to satisfy common open space requirements. c. Common open spaces, such as forecourts and gardens, shall have a minimum dimension of 40 feet in any direction, building face to building face. d. A minimum of 50% of the open space area shall be landscaped with live plant material suitable for the desert climate.
e. A minimum of 3 of the following activating features shall be incorporated into open spaces:
1) Fixed or movable seating.
2) Picnic style tables.
3) Shade trees or shaded canopy.
4) Outdoor kitchen equipment.
5) Children's play equipment.
6) Public art or interactive art, such as a life-size chess game. 7) Water feature (in conformance with sustainability standards). f. Exemption. The required common area standard does not apply to sites where:
1) All of the dwelling units have individual entra nces that are within 20 feet of a street lot line;
2) Each entrance is connected to the street by a path that is at least 3 feet wide and hard surfaced; and
3) Each dwelling unit has at least 200 square feet of individual outdoor area.

2. Private open space shall be provided for all mu lti-family building and the residential component of a mixed-use development consistent with the following requirements:
a. 80 square feet for ground-floor units in t he form of a covered or uncovered patio; and b. 40 square feet for upper-story units in the form of a terrace, balcony, or rooftop patio.

C. Additional Objective Design Standards fo r Mixed Use Projects in Mixed Use Zones.

1. For commercial, office and employment com ponents of mixed-use developments, open space plaza areas accessible to the public shall be provided for activity, interaction, and rest. Such areas shall include seating with trees or other shade amenities. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.41.084 - Parking and access.

A. Purpose. These objective parking and access r egulations are established to help ensure that new residential and mixed use projects are designed to minimize the dominant appearance of surface parking lots, parking structures, and driveways.

B. Objective Design Standards for Resident ial and Mixed Use Projects in All Zones.

1. Uses are subject to the objective parking and loading standards of the applicable zone, including:
the minimum number of required parking spaces , accessible parking, parking space and facility dimensions, curbing, access to public right-of-way, striping, and grade. In case of a conflict, the ODS shall prevail.

2. A multi-family development following the st reamlined review process pursuant to Government Code Section Government Code Section 65913.4 may be exempt or subject to reduced parking requirement in accordance with Government Code Section 65913.4(e).

3. For parking areas serving multi-unit residentia l projects with more than 2 units or mixed use developments, no off-street parking, off-street vehicle loading, or vehicular circulation areas shall be located between the building and the primar y street frontage except in the following circumstances:
a. For developments facing arteri al streets, in circumstances where the director of community development determines not possible to achieve rear parking placement due to lot size or configuration, street geometric s, easements, or other physical conditions, provided the parking is screened from street view by a co mbination of low masonry walls (maximum height 4 feet), landscaped berms, and/or ev ergreen hedges. The combination of walls, berms and/or hedges shall provide a minimum screening height of 5 feet. b. The vehicle circulation area is limited to driveway access.

3. Where more than 50 surface parking spaces are provided on a site, parking areas shall be divided into a series of smaller, connected lots of no more than 50 spaces each through the use of landscaping and/or building placement.

4. The following landscaping standards shall apply to all surface parking lot areas with more than 10 parking spaces:
a. Surface parking lots that are visible from p ublic streets shall meet the following landscaping, paving, and tree requirements:
i. At least 10% of the total area of any surface parking lot shall be landscaped and the landscape materials maintained in a healthy condition at all times. ii. One tree shall be provided for every 4 parking spaces. Trees shall be shade-producing trees and shall be evenly distributed throughout the parking lot so as to shade the parking area. Trees shall be located in l andscape planters. Minimum tree size at planting shall be 24-inch box.
b. Surface parking lots that are not visibl e from public and private streets and are located towards the rear and interior of the site shall meet the following landscaping and tree requirements:
i. At least 5% of the total area of any surface parking lot shall be landscaped and the landscape materials maintained in a healthy condition at all times.

ii. One tree shall be provided for every 8 parking spaces. Trees shall be shade-producing trees and shall be evenly distributed throughout the parking lot so as to shade the parking area. Trees shall be located in l andscape planters. Minimum tree size at planting shall be 24-inch box.
c. Where a surface parking lot abuts a parking structure or is adjacent to a surface parking lot on another lot, a landscape buffer not less t han 10 feet in depth shall be provided between the lots or structures. Where adjacent surfac e parking lots allow common parking to serve multiple businesses and pedestrian walkways provide access to all businesses served, no landscape buffer shall be required.
d. Concrete wheel stops shall be installed in parking areas to protect landscaping. Any broken or damaged wheel stops shall be replaced. Alternatively, parking may be designed to overhang landscaped areas. Parking shall overhang landscaping no more than 2 feet with a minimum planter dimension of 5 feet.
e. All landscape planters shall have a minimum width of 4 feet.

5. Permanent parking for recreation vehicles (RVs), boats, and other similar large items shall be located behind the front plane of the primary building on the site. Parking for such vehicles shall not be permitted in any multi-unit or mixed-use zone.

6. For residential single-unit or two-unit buildings , in no instance shall paved surfaces used for parking, including driveways, cover more than 50% of the front yard.

7. For mixed use developments, re ciprocal access drives shall be required to connect with adjacent mixed use or commercial properties.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.41.086 - Exterior lighting—Residentia l multi-unit buildings (5 or more units) and mixed use projects.

A. Purpose. These objective lighting regulations are established to help ensure that new residential multi- unit buildings (5 or more units) and mixed use proj ects provide functional security for persons and property and allow extended use of properties into nighttime hours; lighting is installed and maintained to provide for an environmentally sensitive and energy efficient nighttime environment that includes the ability to view the stars against a dark sky from residential and other appropriate viewing areas; and ambient nighttime light levels do not adversely impact adjacent properties.

B. Objective design standards for residential multi-unit buildings (5 or more units) and mixed use projects in all zones.

1. Development applications shall include a lighting plan showing locations and specifications for all exterior lighting, including lighting used to illuminate streets, buildings, sidewalks, multi-use paths, parking lots, plazas, or open space areas. The lighting plan shall be evaluated during the land use approval process for compliance with the standards of this section.

2. For safety purposes, lighting shall be provid ed throughout the on-site pedestrian circulation system, including street frontages, sidewalks, multi-use paths, parking lots, buildings, and plazas.

The on-site pedestrian circulation system shall be lighted to a minimum level of 2 foot-candles and a maximum of 3 foot-candles to enhance pedestrian safety and allow use at night.

3. The minimum lighting level for building entries of new multi-unit, retail, commercial, office, and institutional buildings located shall be 3 foot-candles. Lights shall be 6 to 12 feet in height and the light source shall be shielded.

4. Exterior lighting shall not blink, flash, or change color or intensity.

5. Maximum lighting levels at property lines shall not increase lighting level more than 1.1 lumens/square meter 10 feet beyond the property line or 5.4 lumens/square meter adjacent to non-residentially zoned property or public rights-of-way.

6. Permanent exterior light fixtures that emit more than 900 lumens (13 watt compact fluorescent or 60 watt incandescent) shall be concealed or shielded with an Illumination Engineering Society of North America (IESNA) full cut-off style fixture with an angle not exceeding 90 degrees to minimize the potential for glare and unnecessary diffusion on adjacent property. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.41.088 - Additional objective standards.

A. Projects subject to this chapter must comply with all other applicable objective standards within this Title 17, including, but not limited to:

1. Development standards as indicated in Sect ions 17.08.060 or 17.10.060, as may be amended.

2. Landscaping standards as indicated in subsection 17.08.110.B, as may be amended.

3. Electric vehicle charging stations as i ndicated in Section 17.08.330, as may be amended.

4. Yard, street and highway line requirement s in Chapter 17.28, as may be amended.

B. Projects subject to this chapter must comply with those objective design standards contained within an applicable master plan or specific plan.

C. In case of a conflict between applicable objecti ve standards contained within Title 17 and the ODS in this chapter, the ODS in this chapter shall prevail. In case of a conflict between applicable objective standards contained within an applicable master plan or specific plan and the ODS in this chapter, the objective standards of the master plan or specific plan shall prevail. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.41.100 - Design modifications.

A. Purpose. The design modification process allows the director to approve modifications to the application of the ODS. The design modification process provides a mechanism by which the ODS may be modified if the proposed development cont inues to meet the intended purpose of those regulations. Design modifications provide flexibility for unusual situations. They also allow for alternative ways to meet the purposes of the ODS.

B. Procedures. Design modification requests are reviewed in accordance with Chapter 17.32, Article VI, Director's Review.

C. Review Criteria. For each ODS for which a design modification is requested, the applicant must show that the following criteria have been met:

1. Granting the design modification will equally or better meet the purpose of the regulation to be modified; and

2. The proposal will be consistent with the desired character of the zone; and

3. Any negative impacts resulting from the design modification are mitigated to the extent practical; and

4. The proposal will not significantly detract from the livability or appearance of the surrounding area; and

5. If more than one design modification is being requested, the cumulative effect of the design modifications results in a project which still meets criteria (1) through (4), above. (Ord. No. 1106, § 4(Exh. A), 10-10-2023)

Article V. - Emergency Shelters and Low Barrier Navigation Centers

17.41.200 - Purpose and intent.

The purpose of these regulations is to allow operation of emergency shelters and low barrier navigation centers in the city to help people in need of housing that are temporarily homeless.

Reasonable standards have been established to preserve the neighborhood character and quality of life in Lancaster. Low barrier navigation centers may be permitted for the time determined valid under Government Code Sections 65660 through 65668.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.41.210 - Application and permit required.

A. Emergency shelters are allowed by right within the light industrial (LI) zone subject to the standards in Section 17.41.220. These standards may be applied to an emergency shelter proposed in other zoning district subject to conditional use approval. Emer gency shelters which require conditional use permit approval may be subject to conditions of approval with requirements that vary from and supplement these standards.

B. Low barrier navigation center s meeting the requirements of Government Code Section 65662 are allowed by right in areas zoned for mixed use and nonresidential zones permitting multi-family uses, subject to the standards in Section 17.41.220.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.41.220 - Standards for emergency shelters and low barrier navigation centers.

All emergency shelters and low barrier navigation centers shall be subject to the following standards:

A. New structures for emergency shelters or lo w barrier navigation centers shall be subject only to those objective development standards that w ould apply to development within the applicable zone, including but not limited to, those standards related to lot size, building placement, setback, building size and massing, open space and landscaping.

B. The emergency shelter or lo w barrier navigation center shall be operated by a responsible social service provider. For the purposes of this section, a "social service provider" means an agency or organization licensed or supervised by any federal, state or local health/welfare agency that participates in the Federal Homeless Manage ment Information System (HMIS) and has demonstrated experience with the homeless population by assisting individuals and families to achieve economic self-sufficiency and self-det ermination through a comprehensive array of programs and actions.

C. The emergency shelter or low barrier navigation center shall provide at least one qualified on-site supervisor at all times, plus one attendant for each 50 occupants.

D. An emergency shelter or low barrier navi gation center shall not be approved when another emergency shelter or low barrier navigation center exists within 300 feet of the proposed site.

E. On-site waiting and intake areas shall be en closed or screened from the public right-of-way and adjacent properties.

F. Parking to serve all staff working in the em ergency shelter shall be su pplied at a ratio of one vehicle space per 10 beds, provided that this standard does not require more parking for emergency shelters or low barrier navigation cent er than other residential or commercial uses within the same zone.

G. The maximum number of beds or persons permi tted to be served nightly by the facility shall be as limited to 150 beds.

H. Providers must submit a written manageme nt plan prior to beginning operation, including provisions for staff training, and counseling, tr eatment, and training programs for residents and length of time which clients may be accommodat ed. The management plan shall also address how the immediate sheltering needs of individuals who may be turned away from the shelter will be handled.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.41.230 - Additional standards for low barrier navigation centers.

A. Applications shall be processed in accord ance with Government Code Section 65664 provides timelines for action; the city must notify the develop er within 30 days if the application is complete under Government Code Section 65493 and then must act on the application within 60 days from the date the application has been deemed complete.
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
Chapter 17.42 - ALCOHOLIC BEVERAGE AND TOBACCO ESTABLISHMENTS[7]

Footnotes:
--- (7) ---
Editor's note— Ord. No. 1130, § 4(Exh. A), adopted May 27, 2025, repealed the former Ch. 17.42, §§

17.42.010—17.42.200, and enacted a new Ch. 17.42 as set out herein. The former Ch. 42 pertained to alcoholic beverage establishments and derived from Ord. No. 1015, § 1, adopted Dec. 13, 2016; Ord. No. 1079(b), § 3(Exh. C), adopted Feb. 23, 2021; Ord. No. 1093, § 4(Exh. A), adopted Oct. 11, 2022.

17.42.010 - Purpose and intent.

The purpose of adopting regulations for the sale of alcoholic beverages and tobacco is to ensure that such sales will not adversely affect surrounding residents, businesses, and institutions; and to ensure that any such use operates in a manner compatible with existing and future adjacent uses.

This chapter alone does not allow or permit alcoholic beverage and tobacco establishments, but only applies to such establishments where otherwise allowed or permitted within an involved applicable land use zoning district. This chapter does not authorize the operation of alcoholic beverage or tobacco establishments in any land use district where they are not otherwise allowed or permitted by the applicable involved zoning district's regulations.

17.42.015 – Amortization.

A. Alcoholic Beverage Establishments. Any bar or liquor store which was legally existing on the effective date of this ordinance, which obtained required entitlements and operated in conformity with the provisions of Chapter 17.42 prior to effective date of this ordinance, but which, after the date of this ordinance does not possess the current minimum entitlements required by the code, shall be regarded as a nonconforming use and shall be required to obtain those entitlements prior to business license renewal in compliance with Title 5. On or before such date, all such nonconforming uses not possessing the required entitlements shall be terminated unless an extension of time has been approved by the director.

The provisions of this section shall not apply to other alcoholic beverage establishment categories.

1. Abandonment. Notwithstanding the above, any di scontinuance or abandonment of the use of any tenant space or structure as a legal nonconforming bar or liquor store shall be subject to the provisions of Section 17.42.130.

2. Amortization — annexed property. Any bar or li quor store which was a legal use at the time of annexation of the property and which is located in the city, but which does not possess the current minimum entitlements required by the code and does not conform to the provisions of Chapter 17.42 shall be terminated within 18 months of the date of annexation.

3. Applications Denied or Revoked. No bar or liquor store application shall be filed or accepted if a denial or revocation has been taken within one year on an application requesting the same or substantially the same application.

B. Tobacco Retail and Smoking Lounges. Any tobacco retail establishment or smoking lounge which was legally existing on the effective date of this ordinance, which obtained required entitlements and operated in conformity with the provisions of Chapter 17.40 prior to effective date of this ordinance, but which, after the date of this ordinance does not possess the current minimum entitlements required by the code, shall be regarded as a nonconforming use and shall be required to obtain those entitlements prior to business license renewal in compliance with Title 5. On or before such date, all such nonconforming uses not possessing the required entitlements shall be terminated unless an extension of time has been approved by the director.

1. Abandonment. Notwithstanding the above, any di scontinuance or abandonment of the use of any tenant space or structure as a legal nonconforming tobacco retail establishment or smoking lounge shall be subject to the provisions of Section 17.42.130.

2. Amortization — annexed property. Any tobacco retail establishment or smoking lounge which was a legal use at the time of annexation of the property and which is located in the city, but which does not possess the current minimum entitlements required by the code and does not conform to the provisions of Chapter 17.42 shall be terminated within 18 months of the date of annexation.

3. Applications Denied or Revoked. No tobacco retail establishment or smoking lounge application shall be filed or accepted if a denial or revocation has been taken within one year on an application requesting the same or substantially the same application.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

17.42.020 - Definitions.

For the purpose of this chapter, the following words or terms shall be defined as follows:
"Alcoholic beverage" means a fermented or distilled beverage including alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer which contains one-half of one percent or more of alcohol by volume which is fit for beverage purposes, either alone or when diluted with other substances, and sale of which require a license from the state ABC. "Alcoholic beverage control (ABC)" means the California State Department of Alcoholic Beverage Control.
"Alcoholic beverage establishment" means any establishment involving the sale of alcohol. "Alcohol production" means an establishment where beer, wine and other spirits are prepared bottled, stored and sold for on- or off-site consumption. Tasting rooms or seating areas may be provided on site. Alcohol production is permitted in the commercial zones (C, CPD, MU zones) if there is a minimum of 25% and maximum up to 40% square footage of total floor area dedicated to retail and a full menu available at all times that alcoholic beverages are offered. "Alcohol production" shall be permitted in the industrial zones.
"Bar" includes establishments used primarily for the sale or dispensing of alcoholic beverages for on- site consumption and that are not part of a restaurant.

"Bona fide restaurant" includes establishments primarily engaged in the preparation and retail of food and/or beverage for on-site consumption. A full menu shall be available at all times that alcoholic beverages are offered.
"Convenience market/neighborhood market" means a retail establishment up to 5,000 square feet utilized for the sale of prepackaged food products, household items, and soft drinks. Alcohol sales shall be limited to 5% maximum square footage of the sales floor area for sale and display of alcohol. The sale of spirits shall be subject to a conditional use permit and distance requirements. Convenience markets/neighborhood markets may be in conjunction with a fueling station. "Enforcing officer" includes any city public safety officer, city community services officer, county sheriff's deputy, and any other public officer or employee designated by the city manager to issue administrative citations in accordance with Section 17.42.160. "Entertainment" means any form of entertainment, whether live, televised audio or video taped, including, but not limited to, any type of performance for the purpose of amusing the audience, such as:
dancing, singing, playing a musical instrument or acting. "Existing deemed approved alcoholic beverage establishment" means any establishment lawfully engaged in the sale of alcoholic beverages for on- or off-sale consumption which is in existence prior to the effective date of this chapter, retains the same type of alcoholic beverage license and continues to legally operate without substantial change in the mode or character of operation, except those identified by Section 17.42.015.
"Grocery store/Supermarket/Drugstore" means any retail establishment larger than 5,000 square feet primarily selling food product, household merchandise and pharmaceutical drugs. Alcohol sales shall be limited to 10% maximum square footage of the sales floor area for sale and display of alcohol. This is not in conjunction with a fueling station.
"Liquor store" includes any establishment which primarily sells beer, wine, and/or other spirits for off- site consumption. The display sales floor area of alcohol exceeds 5% square footage of the sales floor area.
"Mixed-use development" means a building or combination of buildings intentionally designed as a single development to accommodate a combination of residential and commercial uses. "Mixed-use district" means any physical location designated by the city of Lancaster general plan or zoning map as a mixed-use district.
"Nightclub" means a place of entertainment, typically open at night, usually serving food and/or alcoholic beverages, which may have a floor show and/or offer live or recorded entertainment or music and/or space for dancing.
"Operator" means any person who has an ownership interest, in any manner, in an alcoholic beverage establishment, including, without limitation, a corporation and each of its officers, directors and stockholders; a partnership and each of its partners; a limited liability company and each of its managing members.
"Owner" means and includes any person with a recorded ownership interest in, or a right of possession, control or use of the premises on which an alcoholic beverage establishment is located, including all persons shown as owners on the last equalized assessment roll of the county assessor's office. Owners include property managers and persons with powers of attorney, executors of estates, trustees, or who are court appointed administrators, conservators, guardians or receivers. "Planning commission" means the planning commission of the city of Lancaster. "Responsible person" means an operator of an alcoholic beverage establishment, an operator's on- site manager(s), an operator's employees and/or a property owner, as defined herein. "Sales floor area" means the calculation of area for the sale and display of specified products, including but not limited to alcoholic beverages, fresh meat and fresh produce. The calculation of sales floor area percentage shall be based on the gross floor area of the premises, including any warehousing

or storage areas and shall include actual product display areas and reasonable public access aisles within or adjacent to said display area.
"Substantial change in mode or character of operation" means and includes, but is not limited to, the following situations:

1. The alcoholic beverage establishment has chang ed, or proposes to change, its type of retail liquor license with the department of alcoholic beverage control;

2. An alcoholic beverage establishment increases floor area by more than 20%;

3. The alcoholic beverage establishment proposes to reinstate alcohol sales after the retail liquor license has been revoked or suspended for a period greater than 90 days by the department of alcoholic beverage control; or

4. The establishment is a bona fide restaurant t hat adds entertainment, except for non- amplified solo or similar entertainment on an occasional basis, which does not occupy more than 50 square feet or substantially change the character of the restaurant operation. "Smoking lounge" means a business establishment that is dedicated, in whole or in part, to the smoking of tobacco products, electronic cigarettes, or other substances, including but not limited to establishments known variously as cigar lounges, hookah lounges, tobacco clubs, tobacco bars, etc. This use may involve the on-sale, or for on-premise consumption, or off-sale, or for off-premise consumption, of tobacco products. The sale or use of cannabis is prohibited subject to Chapter 17.43 Commercial Cannabis Activity.
"Tobacco Retail" also referred to as a "smoke shop" means a business establishment in which tobacco products and/or paraphernaliaprimarily engaged or offers a substantial amount of product for the sale of tobacco, tobacco products, and tobacco paraphernalia, such as cigarettes, cigars, pipes, snuff, chewing tobacco, dipping tobacco, and vapes, occupy more than 8% of the business’s sales floor. This use may involve the off-sale, or for off-premise consumption, of tobacco products. The sale or use of cannabis is prohibited defined separately and is subject to Chapter 17.43 Commercial Cannabis Activity. (Ord. No. 1130, § 4(Exh. A), 5-27-2025)

17.42.030 - Uses and permit requirements.

Type of Establishment Sale Items Permitted
Zones
Permit
Required Review Authority
Alcohol Production Beer, Wine,
and Spirits LI and HI DR
Community
Development
Director
Alcohol Production with minimum 25%
and maximum up to 40% retail and a
food menu
Beer, Wine,
and Spirits
MU, C, and

CPD DR
Community
Development
Director
Bar Beer, Wine,
and Spirits

MU, C, CPD,
LI and HI CUP Planning
Commission

Bona Fide Restaurant Beer, Wine,
and Spirits

MU, C, CPD,
LI and HI DR
Community
Development
Director
Convenience Market/ Neighborhood
Market
Beer and
Wine

MU, C, CPD,
LI and HI MUP
Community
Development
Director
Beer, Wine,
and Spirits

MU, C, CPD,
LI and HI CUP Planning
Commission
Grocery Store/
Supermarket/Drugstore
Beer, Wine,
and Spirits

MU, C, CPD,
LI and HI DR
Community
Development
Director
Alcohol Sales in Conjunction and
Incidental to a Primary Use
Beer, Wine,
and Spirits
MU, C, and

CPD DR
Community
Development
Director
Liquor Store Beer, Wine,
and Spirits

MU, C, CPD,
LI and HI CUP Planning
Commission
Tobacco Retail Tobacco
products

MU, C, CPD,
LI, and HI MUP*
Community
Development
Director
Smoking Lounge Tobacco
products

MU, C, CPD,
LI, and HI CUP Planning
Commission
DR: Director's Review
CUP: Conditional Use Permit
MUP: Minor Use Permit
*A CUP may be required for tobacco retail establishments subject to director's determination.

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

17.42.040 - Distance requirements.

A. EAlcohol e stablishments that require a conditional use permit , for alcohol and all tobacco retail establishments, that require a minor use permit or conditional use permit shall adhere to the distance requirements as specified below:

Alcoholic Beverage and Tobacco Establishments
Type of Establishment Distance
Requirement
Religious Assembly 300'
Public/Private School (K-12) 1,000'
Day Care Center 6300'
Residential Use or Residentially Designated Property 300' Existing Alcoholic Beverage Establishment (for alcohol uses) 500' Existing Tobacco Establishment (for tobacco uses) 500’
Public Park 500'
Hospital 500'

B. Measurement of Distance. The distance requirement shall be measured in a straight line from the closest property line to the closest property line.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

17.42.050 - Findings.

The approving authority shall approve an application only after the applicant substantiates required findings below. If the application requires a conditional use permit then it shall make the following findings as well as the findings required by Section 17.32.090.

A. That the proposed use will be located within a zone which permits alcoholic beverages or tobacco products to be sold, served, or given away for on-sale or off-sale consumption, as the case may be, upon obtaining a conditional use permit;
B. That the proposed use will not adversely affe ct nearby residents and facilities primarily devoted to use by children, families, and the general public, after giving consideration to the distance or proximity of the proposed alcoholic beverage or tobacco products establishment to residential districts, schools (public or private), day care centers, public park s, playgrounds and other recreational facilities, churches or other places of religious worship, hospitals, clinics or other health care facilities; and

C. That the proposed use serves the public convenience and necessity. (Ord. No. 1130, § 4(Exh. A), 5-27-2025)

17.42.060 - Minor use permit.

A. Applicability. A minor use permit shall be filed subject to the uses and requirements identified in this Title table in Section 17.42.030.

B. Project Notice. A notice for a minor use permit shall be mailed at least 10 calendar days before the scheduled action to the following, unless stated otherwise in this code.

1. Owner(s) and applicant;

2. All owners of property located within a five-hundred-foot radius of the exterior boundaries of the subject site, as shown on the county's last equalized assessment roll. If the project site is located within a multiple tenant commercial or industrial center, all tenants or property owners, if different, within the center shall be mailed the notice;

3. Persons Requesting Notice. A person who has fil ed a written request for notice with the director of development services within one year prior to the action.

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

5. Noticing procedures shall co mply with Section 17.36.025.

C. Reviewing Authority. The development services di rector is the decision maker that approves or denies an application. The community development director may refer an application to planning commission and/or city council for a decision on the application.

D. Conditions of Approval. In approving a minor use permit, the approving authority may impose such conditions as deemed necessary to ensure that the minor use permit will accordance with the findings.

E. A CUP may be required for any use tobacco retail establishments in place of an MUP, if the Director determines that one or more of the following circumstances exist on the subject property:

1. Oversaturation of similar uses,

2. Significant crime and/or safety concerns, and

3. Unpermitted conditions, overdue fees to the CO L or other agencies, and/or criminal history of those related to the project.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

17.42.070 - Conditions of approval for on-sale alcoholic beverage establishments.

Establishments engaged in the retail sale of alcoholic beverages for on-premises consumption shall be operated in a manner which does not interfere with the normal use of adjacent properties. In addition to those conditions which the planning commission, or the city council on appeal, may otherwise impose, all conditional use permits for on-sale beverage establishments shall be subject to the following conditions of approval:

A. The exterior of the premises shall be kept free of litter.

B. Graffiti shall be removed from the site within 72 hours.

C. Alcoholic beverages shall not be permitted to be consumed in the parking area or other exterior areas of the premises, except for designated outdoor areas approved as part of the application.

D. Exterior lighting of the parking area shall be kept at an intensity of between one and 2 foot- candles, so as to provide adequate lighting for patrons while not disturbing surrounding residential or commercial areas. Light sources shall be screened from the adjacent properties and from the sky.

E. Adequate security measures shall be provided as specified by the planning commission including, but not limited to, retaining trained staff and securi ty personnel and providing security devices, such as surveillance or burglar alarm systems.

F. Hours of operation, including deliveries to the proposed establishment, shall be compatible with the need and character of the surrounding neighborhood. In order to protect the public health, safety and welfare, the planning commission may limit the hours of operation.

G. All employees who serve or sell alcoholic beve rages shall successfully complete a responsible beverage service training program that meets the requirements of the state ABC within 90 days of hire. Records of such training shall be maintained on the premises and made available to city or county sheriff's personnel upon request.

H. Noise levels at the property line of any sens itive use as listed in Section 17.24.040 adjoining the site of the alcoholic beverage establishment shall not exceed 65 dBA.

I. The management of any establishment selling alcohol shall take necessary steps to assure the orderly conduct of employees, patrons and visitors on the premises, and to assure timely response to concerns of neighbors and local officials about problems related to alcohol sales and service at the establishment.

J. The owner of the establishment shall maintain all required permits and/or licenses for the sale of alcoholic beverages in good standing.

K. The establishment shall conspicuously post an interior sign stating:
"We ID everyone under 30 years of age for alcohol sales." The language of such sign shall be English, as well as the predominant language of the establishment's clientele.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

17.42.080 - Conditions of approval for off-sale alcoholic beverage establishments.

Establishments engaged in the retail sale of alcoholic beverages for off-premises consumption shall operate in a manner which does not interfere with the normal use of adjacent properties. In addition to those conditions which the planning commission, or the city council on appeal, may otherwise impose, all conditional use permits for off-sale alcoholic beverage establishment shall be subjected to the following mandatory conditions of approval:

A. The exterior of the premises shall be kept free of litter.

B. Graffiti shall be removed from the site within 72 hours.

C. The sale of alcoholic beverages for consumption on premises shall be prohibited and appropriate posting of signs stating that drinking on the pr emises is prohibited by law shall be posted both inside and outside the establishment. The premises shall include the establishment proper and/or the appurtenant common area if located in a commercial center.

D. Exterior lighting of the parking area shall be kept at an intensity of between one and 2 foot- candles, so as to provide adequate lighting for patrons while not disturbing surrounding residential or commercial areas. Light sources shall be screened from the adjacent properties and from the sky.

E. Adequate security measures shall be provided as specified by the planning commission including, but not limited to, retaining trained staff and securi ty personnel and providing security devices, such as surveillance or burglar alarm systems.

F. Hours of operation, including deliveries to the proposed establishment, shall be compatible with the need and character of the surrounding neighborhood. In order to protect the public health, safety and welfare, the planning commission may limit the hours or operation.

G. All employees who serve or sell alcoholic beve rages shall successfully complete a responsible beverage service training program that meets the requirements of the California Department of Alcohol Beverage Control within 90 days of hire. Records of such training shall be maintained on the premises and made available to the city or t he county sheriff's department personnel upon request.

H. Noise levels at the property line of any sens itive use as listed in Section 17.42.040 adjoining the site of the alcoholic beverage establishment shall not exceed 65 dBA.

I. Exterior public telephones that permit in coming calls may not be located on the premises.

J. The operation of video or any other electronic games may be prohibited in conjunction with the sale of alcoholic beverages, and will be considered on a case by case basis.

K. The planning commission may restrict alcoholic beverages sales by container size and type where such restriction is determined to be necessary for the reasonable protection of public health and safety.

L. No beer or wine shall be displayed within 5 feet of the cash register or the front door unless it is in a permanently affixed cooler.

M. No sale of alcoholic beverages shall be made from a drive-through or walk-up window.

N. No display or sale of beer or wine shall be made from an ice tub.

O. No self-illuminated or "in-motion" advertising for beer or wine shall be located on buildings or windows, or be visible from outside the building.

P. If the establishment also engages in the sale of motor vehicle fuel, no advertisement of alcoholic beverages shall be displayed at motor fuel islands.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

17.42.090 - Conditions of approval for on-sale or off-sale tobacco establishments.

Establishments engaged in the retail sale of tobacco products for on- or off-premises consumption shall operate in a manner which does not interfere with the normal use of adjacent properties. In addition to those conditions which the planning commission, or the city council on appeal, may otherwise impose, all conditional use permits for on- or off-sale tobacco retail establishment shall be subjected to the following mandatory conditions of approval:

A. The exterior of the premises shall be kept free of litter.

B. Graffiti shall be removed from the site within 72 hours.

C. For tobacco retail uses, the sale of tobacco products for consumption on premises shall be prohibited. The premises shall include the establishment proper and/or the appurtenant common area if located in a commercial center.

D. Exterior lighting of the parking area shall be kept at an intensity of between one and 2 foot- candles, so as to provide adequate lighting for patrons while not disturbing surrounding residential or commercial areas. Light sources shall be screened from the adjacent properties and from the sky.

E. Adequate security measures shall be provided as specified by the planning commission including, but not limited to, retaining trained staff and securi ty personnel and providing security devices, such as surveillance or burglar alarm systems.

F. Hours of operation, including deliveries to the proposed establishment, shall be compatible with the need and character of the surrounding neighborhood. In order to protect the public health, safety and welfare, the planning commission may limit the hours or operation.

G. Noise levels at the property line of any sens itive use as listed in Section 17.42.040 adjoining the site of the tobacco retail establishment shall not exceed 65 dBA.

H. Exterior public telephones that permit incoming calls may not be located on the premises.

I. The operation of video or any other electronic games may be prohibited in conjunction with the sale of tobacco products, and will be considered on a case by case basis.

J. The planning commission may restrict tobacco sales by container size and type where such restriction is determined to be necessary for the reasonable protection of public health and safety.

K. No sale of tobacco products shall be m ade from a drive-through or walk-up window.

L. No self-illuminated or "in-motion" advertisin g for tobacco products shall be located on buildings or windows, or be visible from outside the building.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

17.42.100 - Exceptions-specific plan areas.

The requirements of this chapter shall not apply to areas of the city for which a specific plan has been adopted pursuant to Section 65450 of the Government Code of the state of California if the adopted specific plan contains regulations regarding alcoholic beverage or tobacco establishments. (Ord. No. 1130, § 4(Exh. A), 5-27-2025)

17.42.110 - Existing deemed approved establishments selling alcoholic beverages or tobacco products.

Any establishment lawfully existing prior to the effective date of this chapter and licensed by the state for the retail sale of alcoholic beverages or tobacco products for on-sale or off-sale consumption shall be considered to have a "deemed approved" status and shall only be required to obtain the necessary permits for a "substantial change in mode or character of operation" as described in Section 17.42.020, or for a revocation or expiration of "deemed approved" status as set forth in Section 17.42.130, except those uses identified by Section 17.42.015. The distance requirements set forth in Section 17.42.040 shall not apply to any existing deemed approved alcoholic beverage or tobacco establishment. (Ord. No. 1130, § 4(Exh. A), 5-27-2025)

17.42.120 - Performance standards; public nuisance.

A. The operator of an alcoholic beverage or toba cco establishment, whether operating with a "deemed approved" status or pursuant to a conditional use pe rmit, minor use permit or director's review shall use and maintain the premises and conduct the business in a manner that comports with all applicable local, state and federal law, including but not limited to, the California Business and Professions Code, the Lancaster Property Maintenance ordinance (codified at Chapter 8.28), and the Lancaster Zoning ordinance (codified at Title 17).

Lawful property maintenance and business operations shall include, but are not limited to, the following:

1. The premises shall be maintained without the presence of garbage, junk , trash, debris or other miscellaneous items in exterior areas except in approved trash collection containers/enclosures.

2. The premises, including any surface of a structur e, sidewalk, curb, ground surface, vehicle, tree, shrub, rock or other tangible item that is visible from publicly or privately owned real or personal property, shall be maintained free of graffiti. All graffiti shall be removed within 72 hours from the operator's first observation of graffiti or receipt of verbal or written notification of such graffiti by any enforcing officer as defined in this chapter.

3. The premises shall be maintained with all signage required by applicable state and local law, including but not limited to signs prohibiting loitering, public drinking and/or the presence of open alcoholic beverage containers on the premises.

4. The establishment shall be maintained in such a manner that signs, refrigerator cases, promotional displays, equipment and/or any other items do not obstruct the view of the interior of the establishment from the parking lot and public street or other right-of- way.

5. The premises shall be maintained without the presence of exterior public telephones. Any existing public telephone shall be removed within 30 calendar days from the effective date of the ordinance from which this chapter is derived.

6. The operator of the establishment shall main tain a current and valid city business license and shall conduct business in full accordance with any and all conditions imposed thereon.

7. The operator shall not sell, furnish, give or permit the sale, furnishing or giving of an alcoholic beverage to an obviously intoxicated person or to a habitual or common drunkard.

8. The operator shall not sell, furnish, give or permit the sale, furnishing or giving of an alcoholic beverage to any person under 21 years of age, or knowingly allow such person to consume alcoholic beverages on the premises.

9. The operator shall not cause, allow or permit nuisance and other unlawful activities on the premises, including, but not limited to:
a. Loitering;
b. Drinking alcoholic beverages and/or pos sessing open alcoholic beverage containers in exterior portions of the premises, other than in a designated patio or other area approved by the department of alcoholic beve rage control and/or the city in conjunction with an on-sale establishment;
c. Littering;
d. Creating excessive noise;
e. Disturbing the peace;
f. Engaging in illegal drug activity or prostitution;
g. Trafficking in stolen goods;
h. Harassing passersby or business patrons;
i. Panhandling;
j. Engaging in acts of vandalism;
k. Otherwise engaging in conduct that is unlawful and/or constitutes a nuisance.

10. The operator shall take all reasonable steps to ensure the conditions and activities on the property on which the alcoholic beverage or tobacco establishment is located do not constitute a public nuisance. For purposes of this chapter, "reasonable steps" includes, without limitation, the following:

a. Requesting those persons engaging in conduc t that constitutes a nuisance to cease that conduct, unless the operator has reasonable cause to believe such request may jeopardize his or her personal safety.
b. Calling the city's law enforcement and/or public safety personnel if the operator's attempts to abate the nuisance conduct have been unavailing or if the operator has reasonable cause to believe such attempts may jeopardize his or her personal safety. c. Timely undertaking actions to address condi tions that facilitate loitering and other nuisance activity on the premises, such as removing furniture from areas adjacent to the entry of the establishment, prohibiting persons from using any portion of the premises for the installation and/or operation of a temporary business or other use, and/or other preventive actions.

B. The city council finds and declares that it is unlawful and a public nuisance for a person to use or maintain, or to permit the use or maintenance of, property on which an alcoholic beverage or tobacco establishment is located, or to cond uct the business or permit the business to be conducted in a manner that is contrary to the requirements set forth in this Section 17.42.110, any city or state permits, licenses and/or approval s, and/or all other applicable sections of this Code, state or federal law or regul ation, or that otherwise poses a threat to public health, safety and welfare.

C. An operator shall be deemed responsible for th e act or omission of any on-site manager and/or employee who uses or maintains, or permits the use or maintenance of, property on which an alcoholic beverage or tobacco establishment is located, or who conducts the business or permit the business to be conducted, in violation of this chapter.

D. Upon the sale or transfer of ownership of an alcoholic beverage or tobacco establishment to a bona fide third party, previous findings of public nuisance uses, conditions and activities before such sale or transfer of ownership shall not be imputed to the new owner, unless the city determines that the sale or transfer of ownership is not to a bona fide third party. (Ord. No. 1130, § 4(Exh. A), 5-27-2025)

17.42.130 - Conditional use permit, minor use permit and director's review: Expiration, modification, revocation.

A. A conditional use permit, minor use permit, direct or's review for an alcoholic beverage or tobacco establishment shall lapse if the use is discontinued for 90 consecutive days, or if the establishment's alcoholic beverage control license has been revoked or transferred to another location.

B. A conditional use permit, minor use permit, or director's review is subject to modification at any time if the appropriate approving authority makes a de termination that changed circumstances or unanticipated effects concerning t he operation of the business est ablishment necessitate that conditions be added, amended or deleted.

C. A conditional use permit, minor use permit or dire ctor's review for an alcoholic beverage or tobacco establishment is subject to revocation if the operator has used or maintained, or permitted the use or maintenance of, the premises on which the establishment is located and/or has operated or permitted the operation of the business in violation of any condition imposed pursuant to the permit, or in violation of the performance standards set forth in Section 17.42.110, or otherwise in a manner that constitutes a public nuisance and/or a threat to public health , safety and welfare. The appropriate approving authority shall set a public hearing to consider such re vocation of said permit in accordance with the applicable provisions of this Code. A decision of approving authority pursuant to this section shall be appealable to the city council in accordance with Chapter 17.36.

1. An administrative citation issued pursuant to Section 17.42.160 that has been deemed final and binding may be used as prima facie evidence of unlawful public nuisance activities and/or conditions in any subsequent revocation proceeding.

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

17.42.140 - Deemed approved status: Expiration, revocation.

A. The "deemed approved" status of an alcoholic beverage or tobacco establishment shall expire if the use is discontinued for 90 consecutive days.

B. The "deemed approved" status of an alcoholic beverage or tobacco establishment is subject to revocation if the operator has used or maintained, or permitted the use or maintenance of, the premises on which the establishment is located and/or has operated or permitted the operation of the business in violation of the performance standards set forth in Section 17.42.110 or otherwise in a manner that constitutes a public nuisance and/or a threat to public health, safety and welfare. The approving authority shall set a public hearing to consider such revocation of said deemed approved status in accordance with the applicable provisions of this Code. A decision of the approving authority decision pursuant to this section shall be appealable to the city council in accordance with Chapter 17.36.

1. An administrative citation issued pursuant to Section 17.42.160 that has been deemed final and binding may be used as prima facie evidence of unlawful public nuisance activities and/or conditions in any subsequent revocation proceeding.

C. An alcoholic beverage or tobacco establishm ent whose "deemed approved" status has expired or been revoked shall be prohibited from engaging in t he sales of alcoholic beverages or tobacco products without first obtaining a permit. In the event the planning commission or city council makes the determination that a permit shall be granted, sa id alcoholic beverage or tobacco establishment shall be subject to the conditions of approval.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

17.42.150 - Temporary alcohol sales.

Any event sponsor or applicant that anticipates a temporary event with alcohol sales shall obtain a temporary use permit. The application is to be filed with the planning department at least 60 days in advance of the event.

The event sponsor is the entity determined by the city to be liable for protecting public health and safety of event participants (those who attend the event), of event operators (those who create and execute the event), and of all others affected by the actions of event participants and event operators.

A. The planning director shall review and approve requests for temporary alcohol sales through a director's review application.

B. Conditions for a director's review for a temporary sales:

1. The applicant shall obtain property owner's authorization.

2. The applicant shall obtain a business license and any other permits applicable for the event.

3. The applicant shall submit a site plan showi ng the event, location of parking area(s), lighting (if any), and areas that alcohol is to be sold.

4. The applicant shall have control over point s of access to the location where alcoholic beverages are dispensed and consumed.

5. The applicant shall have control and contai nment of individuals who consume alcoholic beverages.

6. The county sheriff's department shall revi ew the application to determine the number of deputies required for security of the event based on the type and size of the event.

7. All alcoholic beverage servers shall have in their possession proof of completing "responsible beverage service" training from the state ABC.

8. A temporary alcoholic beverage control license is required for the duration of this event. A copy of the temporary license is to be submitted to the planning director prior to the start of the event.

9. The applicant shall specify the hours of op eration of the event and the hours of sale of alcoholic beverages.

10. The applicant shall provide liability insurance in the amount determined by the city attorney based on the size and type of the event naming the city as additionally insured.

11. The site shall be restored to the original condition. Site shall be free of debris, all trash receptacles removed, temporary fencing removed, and all disturbed asphalt shall be restored to the original condition. Disturbed landscape ar eas are also to be restored to the original condition. The applicant shall be financially responsible for any damage to the parking lot surface and landscape areas resulting from the event.

12. The planning director may require a cash deposit to ensure compliance with the conditions of approval.

13. The planning director may impose any addi tional conditions determined necessary to protect the public health, safety, and welfare.

C. Approval of a special event permit pursuant to Chapter 9.40 shall be deemed as compliance with the requirements of this section.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

17.42.160 - Violation, penalty, remedies.

A. Violations of this chapter shall constitute a misdemeanor and shall be punishable in the manner provided in Section 1.12.020A.

B. In addition to or in lieu of prosecution in a criminal action, the city attorney may initiate civil proceedings for the abatement, removal and enjoinment of any public nuisance as set forth in this chapter, in any manner provided by law, and shall take such other steps, and shall apply to such other court or courts as may have jurisdiction to grant such relief as will abate or remove such alcoholic beverage or tobacco establishments, and restrain and enjoin any person from using property contrary to the provisions of this chapter.

C. In addition to or in lieu of any administrative, civ il or criminal remedies set forth in this chapter, the administrative citation provisions of Section 17.42.160 may be utilized to abate or cause the abatement of uses, conditions and/or activities that constitute a nuisance pursuant to Section 17.42.110.

D. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

17.42.170 - Administrative citations.

A. Any enforcing officer may issue an administrative citation to a responsible person when the officer has determined, through personal observation or after undertaking standard law enforcement investigatory actions, that the person has used or maintained, or permitted the use or maintenance or property on which an alcoholic beverage or tobacco establis hment is located, and/or who has operation or permitted the operation of the business, in a manner that constitutes a public nuisance pursuant to Section 17.42.110. An officer shall not issue an adm inistrative citation to a responsible person when the officer has determined, based on the totality of the circumstances, that said person has taken all reasonable steps to attempt to prevent the nuisance.

1. A responsible person who is present at the property at the time an officer determines the existence of a public nuisance shall be deemed to have actual or constructive knowledge of such nuisance.

2. An owner of the property on which the alcohol ic beverage or tobacco establishment is located, who is not also an operator of the business, may be deemed by an enforcing officer to have actual or constructive knowledge of the nuisance use, condition or activity:
a. If such person has previously been given verbal warning and/or an administrative citation or other written notice concerning the violations; or
b. Based on the totality of the circumstan ces as determined by the enforcing officer.

B. Within 5 days after issuance of a citation, an o fficer shall submit a copy of the citation and a written statement of facts to the city manager. Alternativ ely, the officer may elect to submit the written statement of facts to the city manager, who may then issue the citation.

C. An administrative citation may be personally given to the responsible person, or the responsible person may be served by first class mail to an address which is either:
a. Indicated on any form of identific ation presented to the officer, or b. Discovered by the officer during the course of his or her standard law enforcement investigatory actions.

The date a citation is placed in a U.S. Postal Service mail receptacle shall be the date of service. A declaration of service shall be made by the person mailing the administrative citation showing the date and manner of service by mail and reciting the name and address of the citation addressee. Failure of any responsible person to receive an administrative citation by mail shall not invalidate any citation issued pursuant to this chapter.

D. The citation shall be in a city-approved forma t, and shall include the following information:

1. The date, location and approximate time of the condition and/or activity that constituted a public nuisance pursuant to Section 17.42.110;

2. A brief description of the condition and/or activity that constituted a public nuisance;

3. A statement describing the right to appeal the citation;

4. A statement advising that the fine shall be paid to the city within 30 days from the date of the administrative citation, procedure for payment, and the consequences of failure to pay.

E. The penalty amounts of administrative citations is sued pursuant to this chapter shall be as follows:

1. For the first administrative citation, the penalty shall be $500.00;

2. For the second and any subsequent administr ative citation, the penalty shall be $1,000.00.

F. The failure of any person to pay a penalty assessed by administrative citation within the time specified on the citation constitutes a debt to the city, which may be collected in accordance with Chapter 1.16 or in any other manner allowable by law.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

17.42.180 - Initial review of administrative citation or ability to pay.

A. Request for initial review of administrative citation.

1. A person who has been issued an administrative citation pursuant to this chapter may request an initial review of the citation by the city. The re quest shall be made in writing and shall state the reason(s) that the citation should be dismissed. The requestor shall include a copy of all pertinent evidence. The request must include a mailing address and, if available, an email address to which correspondence related to the request may be sent. The written request for an initial review must be received by the city clerk's office within 14 calendar days from the date of the citation's

issuance. No fee shall be required for filing the request for an initial review. Failure of the city clerk to receive a timely request for an initial review constitutes a waiver of the right to contest the administrative citation; in this event, the citation is final and binding, and payment shall be due within 30 calendar days from the date of the citation's issuance.

2. Upon timely receipt of a written request for an in itial review of the administrative citation, the public services director, development services director, or person designated by either director to act as reviewing officer, shall conduct an initial review of the administrative citation, the written incident report or statement of facts, and the request for review and all evidence submitted with the request. The reviewing officer shall assess whether the evidence shows that the violation occurred and if any extenuating circumstances ex ist that warrant dismissal, and shall make a decision to preliminarily uphold or dismiss the citation. The reviewing officer shall notify the cited person of the decision in writing by mail and/or email within 90 calendar days from the date of receipt of the request for initial review; provided, however, that the public safety director or development services director may extend the ninety-day deadline upon a finding of good cause.

B. Initial review of ability to pay.

1. A cited person, regardless of whether he/she wishes to challenge the citation who believes he/she is unable to pay, may request an initial review of the person's ability to pay. In addition to the written request for review based on ability to pay, a statement of financial worth shall be submitted.

The request must include a mailing address and, if available, an email address to which correspondence related to the request may be sent. The written request for an initial review must be received by the city clerk's office within 14 calendar days from the date of the citation's issuance. No fee shall be required for filing the request for an initial review. Failure of the city clerk to receive a timely request for an initial review constitutes a waiver of the right to challenge the ability to pay. In this event, the citation is final and binding, and payment shall be due within 30 calendar days from the date of the citation's issuance; provided, however, that if the cited person timely filed a request for review of the administr ative citation, the payment of the citation will be due in accordance with the outcome of that initial review and any subsequent proceedings.

2. The statement of financial worth form sha ll include information relating to the cited person's employer, real and tangible personal property, monthly income including federal and/or state benefits, and all monthly financial obligations. T he cited person shall cert ify the content of the statement as to its truth and correctness under penalty of perjury. The cited person shall also sign a release form of that person's most recent federal income tax report.

3. The reviewer, in conference with the director , shall make a determination of whether or not the cited person has the ability to pay the full deposit to appeal an administrative citation based on the information provided in the statement of fi nancial worth, and shall not ify the cited person in writing by mail and/or email within 90 calendar da ys from the date of receipt of the request for initial review; provided, however, that the public safety director or development services director may extend the ninety-day deadline upon a finding of good cause.

4. A person who re quested an initial review solely on the basis of ability to pay, for whom the determination has been made that the person has t he financial ability to pay the full amount of the citation in one payment, shall submit payment of the full amount of the citation within 30 calendar days from the date of the notice of determination of ability to pay.

5. A person for whom the determination has been made that the person does not have the ability to pay the full amount of the citation in one payment, shall, no later than 14 calendar days from the date of the determination, coordinate with the department to establish a payment plan whereby the cited person shall make timely monthly payments until the citation has been paid in full. (Ord. No. 1130, § 4(Exh. A), 5-27-2025)

17.42.190 - Administrative citation hearing.

A. A person whose initial review of an administrat ive citation has resulted in the citation being upheld pursuant to this chapter may contest the citation by filing a written appeal on a city- approved form to the city clerk within 14 calendar da ys from the date of the issuance of the written statement of the results of the initial review. The basis for the appeal must be specified in detail on the appeal form.

The appeal form must include a mailing address and, if available, an email address to which correspondence related to the request may be sent. Failure of the city clerk to receive a timely appeal constitutes a waiver of the right to contest a citation; in this event, the citation is final and binding.

B. A deposit in the amount of the citation must be paid at the time the appeal is filed. A person for whom a determination has been made that the person is unable to pay the full amount of the citation in one payment as set forth in section 17.42.170 B.(5) of this chapter shall tender the first payment of the payment plan established pursuant to that subsection.

C. As soon as practicable after a timely appeal is f iled, the city manager or his/her designee shall fix a date, time and place for a hearing. The hearing shall be conducted by an independent and impartial hearing officer. Written notice of the time and place fo r the hearing shall be served by first class mail and/or email at least 10 calendar days prior to the date of the hearing.

D. An appellant may request, in writing, that the dire ctor reschedule the hearing if the request is made at least 24 hours prior to the hearing. The director shall grant one continuance of the hearing date.

E. Failure of an appellant to appear at the scheduled hearing shall constitute the appellant's waiver of the right to appeal and a forfeiture of the citation amount deposited at the time the appeal was filed.

F. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish, by a preponderan ce of evidence, that the appellant committed the offense that was the basis for the citation. The officer issuing the administrative citation and/or submitting the written incident report or statement of facts shall not be required to appear at the hearing. The hearing officer shall accept testimony by declaration under penalty of perjury relating to the commission of the offense, as set forth in the issuing officer's incident report or statement of facts, and shall consider any other relevant evidence co ncerning the commission of the offense that the public safety director or development services director or his/her designee may present at the hearing.

The hearing officer shall also take the testimony of the appellant, and/or his or her witnesses, will consider any other credible relevant rebuttal evidence the appellant may wish to present. The appellant may represent himself or herself or be represented by anyone of his or her choice, including counsel, at his or her sole expense. The appellant may bring an interpreter to the hearing at his or her sole expense.

G. The hearing officer shall make findings based on t he record of the hearing, and shall prepare a written decision, based on those findings, to uphold or dismiss the citation. A hearing officer may uphold the citation but modify the penalty amount if extenuat ing circumstances warrant a modification in the interest of justice. A copy of the written decisi on shall be served on the appellant by first class mail within 14 days after the hearing. If the citation is di smissed, the city shall refund the amount of the citation deposit to the appellant within 30 days from the date of the decision.

H. The decision of the hearing officer is final and conc lusive, subject only to review by the superior court in accordance with the time limits set forth in Code of Civil Procedure Section 1094.6. (Ord. No. 1130, § 4(Exh. A), 5-27-2025)

17.42.200 - Community service in lieu of payment of penalty.

A. As an alternative to paying the amount of the admi nistrative citation, a cited person may elect to enroll in and perform community service. The amount of the citation shall be reduced for each hour of community service at a rate in accordance with t he state's minimum wage in effect at the time the community service is performed.

B. In the event a person who has enrolled in community service fails or refuses to perform the community service in a timely and appropriate manner, as pr ovided in any applicable rules, regulations, policies

and procedures, the city may cancel the community service agreement and collect any unpaid balance of the administrative citation in any manner authorized by law. (Ord. No. 1130, § 4(Exh. A), 5-27-2025)

17.42.210 - Severability.

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
Chapter 17.43 - COMMERCIAL CANNABIS ACTIVITY[8]

Footnotes:
--- (8) ---
Editor's note— Ord. No. 1083, § 1(Exh. A), adopted May 11, 2021, repealed the former Ch. 17.43, §§

17.43.010—17.43.170, and enacted a new Ch. 17.43 as set out herein. The former Ch. 17.43 pertained to similar subject matter and derived from Ord. No. 1053, § 1, 12-11-2018.

17.43.010 - Purpose.

A. The purpose of this c hapter is to regulate all "commercial cannabis activity" in the city, as that term is defined in Section 26001(k) of the Business and Prof essions Code, to the extent authorized by state law and in a manner designed to minimize negative impacts on the city and neighboring uses, and promote the health, safety, morals, and general welfar e of residents and businesses within the city.

The purpose of this chapter is also to align the city's regulation of commercial cannabis activity with applicable state law and to regulate the types of co mmercial cannabis activity permitted under state law. This chapter is enacted specifically in response to the state laws that permit commercial cannabis activity and the objective of this chapter is to minimize its negative impacts.

B. This chapter is further adopted and established pursuant to the specific authority granted to the city in Section 7 of Article XI of the California Consti tution and Division 10 of the Business and Professions Code. This chapter, together with chapter 5.56 and all other applicable law, shall govern all commercial cannabis activity that occurs within the city.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.020 - Relationship to other laws.

In the event of a conflict between the provisions of this chapter and the provisions of any other applicable state or local law, the more restrictive provision shall control. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.030 - Definitions.

A. The following terms shall be defined as follows:
"Adult-use" or "adult-use cannabis" means cannabis or cannabis product that is used or intended to be used by adults who are over twenty-one (21) years of age and who do not possess a physician's recommendation for medicinal cannabis.
"Applicant" means a person applying for a city commercial cannabis license. "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salts, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtain from cannabis. For the purpose of this chapter, "cannabis" does not mean industrial hemp as that term is defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code.
"Cannabis concentrate" means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this chapter. "Cannabis cultivation facility" means a facility wherein cannabis is propagated, planted, grown, harvested, dried, processed, stored, cured, graded, labeled, tagged for tracking or trimmed, or that does all or any combination of those activities. For purposes of this chapter, "cultivation facility" also means and includes stand-alone nurseries and processing facilities. "Cannabis dispensary" or "dispensary" means a premises where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale.
"Cannabis distribution facility" means any facility or location where the primary purpose is the procurement, sale, and transport of cannabis and cannabis products between licensed entities. "Cannabis facility" means collectively any cannabis cultivation, manufacturing, distribution or retail facility, as those terms are defined in this chapter. A "cannabis facility" may be comprised of: all structures located on a parcel operated by a single licensee; one or more buildings operated by a licensee on a parcel that contains other building(s) which are operated by other licensees; or a suite or unit within a building operated by a licensee that contains other suites or units operated by other licensees. For purposes of this chapter, "cannabis facility" and "facility" may be used interchangeably. "Cannabis manufacturing facility" means a facility where the production of cannabis concentrate, or preparation, propagation, compounding and/or packaging of manufactured cannabis is conducted, either directly or indirectly or by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
"Cannabis product," means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. "Cannabis retail facility" means a building, or a suite or unit within a building, in which a licensed cannabis retailer or licensed microbusiness authorized to engage in retail sales displays, offers and/or sells cannabis, cannabis products, or devices for the use of cannabis or cannabis products, either individually or in any combination, for retail sale.
"Canopy" means the total combined indoor area for all locations on a property where cannabis is being cultivated, as measured by the horizontal extent of the plant or combination of plants at the widest point and measured in a straight line. This does not include aisles or walkways. "Cultivation" means any activity involving the propagation, planting, growing, harvesting, drying, curing, processing, storing, packaging, labeling, grading, or trimming of cannabis.

"Delivery" means the commercial transfer of cannabis or cannabis products from a licensed retailer or licensed microbusiness authorized to engage in retail sales to a purchaser. "Delivery" also includes the use by a cannabis facility of any technology platform owned and controlled by the cannabis facility, that enables purchasers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products.
"Delivery employee" means an individual employed by a licensed retailer or licensed microbusiness authorized to engage in retail sales who delivers cannabis goods from the licensed retailer or licensed microbusiness premises to a customer at a physical address. "Distribution" means the procurement, sale, and transport of cannabis and cannabis products between licensed cannabis business entities.
"Edible cannabis product" means manufactured cannabis that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food as defined by Section 109935 of the Health and Safety Code or a drug as defined by Section 109925 of the Health and Safety Code. "Good cause" for purposes of denying, revoking, suspending, or refusing to renew or reinstate a license includes, but is not limited to, the following:

1. The licensee or applicant has violated any of the terms, conditions or provisions of this chapter, of state law, of any regulations and/or rules pr omulgated pursuant to state law, any applicable local rules and/or regulations, or any special terms or conditions placed upon its conditional use permit, state license, and/or city license;

2. The licensed premises have been operated in a m anner that adversely affects the public health, safety or welfare or the safety of the immedi ate neighborhood in which the establishment is located, causes adverse economic impacts, increased crime, increased incidence of communicable disease, increased demand on public safety resources and law enforcement personnel, decreased property values and/or an increase in the number of transients in the area;

3. The licensee or applicant has knowingly made false statements, misrepresentations or material omissions on an application form, renewal form, or any other document submitted to the city;

4. Issuance of the license would impair the heal th, safety or welfare of the public, cause negative impacts to property values, impair the city's abilit y to prevent crime associated with cannabis, and/or impair the city's ability to ensure that cannabis grown remains secure and does not find its way to minors or illicit markets.

5. The applicant or licensee's criminal history does not indicate that the app licant or licensee is of good moral character; or the applicant or licens ee has been convicted of an offense that is substantially related to the qualifications, function s, or duties of the business or profession for which the application is made, or that otherwise indicates that his or her operation of a cannabis facility would pose a hazard to public health and safety;

6. The licensee or applicant is employing or bei ng financed in whole or in part by any person whose criminal history indicates that person is not of good moral character or that otherwise indicates his/her financial interest in a cannabis facility will pose a hazard to public health and safety;

7. The applicant or licensee has failed or refused to allow city officials to inspect security recordings, activity logs, or business records, of the licensed premises;

8. The licensee has failed to adequately reconcile its inventory, such that shortages in its cannabis and/or cannabis product cannot be accounted for in the paper and/or electronic inventory tracking system(s);

9. The applicant or licensee has failed to pay any and all cannabis fees, surcharges, and/or fully adjudicated administrative citations;

10. The applicant or licensee has had a primary or tenant license revoked or has had more than one suspension on its primary or tenant license by the city; or

11. The applicant or licensee operated a cannabis bus iness in violation of this chapter, chapter 5.56, or any other applicable state or local law.
"Indoor cultivation" means the cultivation of cannabis within a permanent structure using exclusively artificial light or within any type of structure using artificial light at a rate above twenty-five watts per square foot.
"Legal parcel" means a parcel of land for which one legal title exists. Where contiguous legal parcels are under common ownership or control, such legal parcels may at the option of the property owner be counted as a single parcel for purposes of this chapter. "Licensee" means a person who has been issued a city license to conduct commercial cannabis activity on premises for which a conditional use permit has been approved. "Manufacturer" means a person that conducts the production, preparation, propagation, or compounding of manufactured cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.
"Medicinal cannabis" or "medicinal cannabis product" means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Section 11362.5 of the Health and Safety Code) by a medicinal cannabis patient in California who possesses a physician's recommendation. For purposes of this chapter, "medicinal" and "medical" may be used interchangeably.
"Mixed-light cultivation" means the cultivation of mature cannabis in a greenhouse, hoophouse, glasshouse, conservatory, hothouse, or other similar structure using a combination of: (1) Natural light and light deprivation and one of the artificial lighting models listed below: (a) "Mixed-light Tier 1" without the use of artificial light or the use of artificial light at a rate above zero, but no more than six watts per square foot; (b) "Mixed-light Tier 2" the use of artificial light at a rate above six and below or equal to twenty-five watts per square foot; or (2) Natural light and one of the artificial lighting models listed below:
(a) "Mixed-light Tier 1" the use of artificial light at a rate above zero, but no more than six watts per square foot; (b) "Mixed-light Tier 2" the use of artificial light at a rate above six and below or equal to twenty-five watts per square foot.
"Nursery" means all activities associated with producing clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis. "Outdoor cultivation" means the cultivation of mature cannabis without the use of artificial lighting or light deprivation in the canopy area at any point in time. Artificial lighting is permissible only to maintain immature plants outside the canopy area.
"Person," as used in this chapter, means and includes any individual, partnership or any kind, corporation, limited liability company, association, joint venture or other organization or entity, however formed.
"Process" or "Processing" mean all activities associated with the drying, curing, grading, trimming, rolling, storing, packaging, and labeling of cannabis or nonmanufactured cannabis products. "Responsible person" means any person, whether as a licensee, property owner, lessee, employee, agent, or otherwise, that allows, causes, creates, maintains, or permits any violation of this chapter, chapter 17.43, or applicable state or local cannabis law or regulation, to exist or continue, by any act or the omission of any act or duty. The actions or inactions of a responsible person's employee, agent, representative or contractor may be attributed to that responsible person. "State law(s)" shall mean and include California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 through 11362.83 (Medical Cannabis Program Act); California Business and Professions Code Sections 26000 through 26231.2 (Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA")), and all other applicable laws of the state of California.

"State license," "license," or "registration" means a state license issued pursuant to MAUCRSA. "State licensing authority" shall mean the Bureau of Cannabis Control within the California Department of Consumer Affairs, the California Department of Public Health, the California Department of Food and Agriculture, or any other state agency responsible for the issuance, renewal, or reinstatement of a license issued under MAUCRSA or the agency authorized to take disciplinary action against such license.
"Testing laboratory" has the same meaning as that term is defined by Section 26001(as) of the Business and Professions Code and shall mean a laboratory, facility or entity that offers or performs tests of cannabis or cannabis products and that is both of the following:

1. Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state;

2. Licensed by the bureau of cannabis control.

B. Words and phrases not specifically defined in this Code shall have the meaning ascribed to them as defined in the following sources:

1. The Compassionate Use Act of 1996 (Califor nia Health and Safety Code Section 11362.5);

2. The Medical Cannabis Program Act (California He alth and Safety Code Sections 11362.7 through 11362.83); and

3. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (California Business and Professions Code Sections 26000 through 26231.2) as may be amended from time to time. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.040 - Permissible cannabis commercial activity; number of permissible facilities.

A. Subject to chapter 5.56 and all other applicable state and local laws and regulations, a person may conduct the following types of commercial canna bis activities subject to the requirements and restrictions set forth in this chapter:

1. Cultivation, including indoor cultivation, mixed-light cultiv ation, and stand-alone nurseries and processing facilities;

2. Manufacturing;

3. Distribution;

4. Retail sales;

5. Delivery, when originating from a retail facility wi thin the city at a location for which a conditional use permit has been approved and whose owner possesses current and valid local and state licenses and permits;

6. Testing laboratories, accredited and lic ensed as required pursuant to MAUCRSA.

B. The maximum number of licenses issued by the city may be limited by written policy prepared and implemented by the city manager, said policy to be distributed to the City Council within ten (10) business days of its promulgation or amendment.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.045 - Prohibited commercial cannabis activity.

It shall be unlawful to engage in commercial cannabis activity in the city except as provided in section 17.43.040 of this chapter.

(Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.050 - Cannabis facilities conditionally permitted.

Cannabis facilities, as defined herein, shall be conditionally permitted within the city, subject to the requirements of this chapter, chapter 5.56 and all other applicable state and local laws. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.060 - License and conditional use permit required to operate.

A. Cannabis facilities shall only be permitted to oper ate in the city following application, investigation, verification, notice and public hearing, approval and issuance of both a license issued by the city in accordance with the criteria and procedures set forth in chapter 5.56 and a conditional use permit issued in accordance with the criteria and procedures set forth in this chapter and any policies, procedures and/or regulations prom ulgated by the city manager to implement the provisions of this chapter and chapter 5.56. No land use entitlement, permit (including building permit) approval, site plan, certificate of occupancy, zoning clearance, or other land use authorization for a cannabis cultivation facility shall be granted, permitted or valid unless a conditional use permit is first obtained and issued under this chapter.

B. All persons who are engaged in or who are attempting to engage in cannabis commercial activity shall do so only in strict compliance with the terms, cond itions, limitations and restrictions of chapter 5.56, this chapter and all other applicable state and local laws and regulations.

C. The city manager is authorized to make polic ies and procedures consistent with this chapter concerning the applications, the application proce ss, the information requ ired of applicants, the application procedures and the administration a nd procedures to be used and followed in the application and hearing process.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.070 - Conditional use permit application process.

A. Prior to initiating operations and as a continuing r equisite to operating a cannabis facility, the applicant shall obtain a conditional use permit under the term s and conditions set forth in this chapter. The applicant shall file an application for a conditional us e permit with the city's development services department on the official form supplied by the city and shall pay the applicable application fee as established by resolution of the city council, as may be amended from time to time. The provisions of chapter 17.32 that govern conditional use permit s generally shall apply to conditional use permits applied for and/or issued under this chapter; provided, however, that to the ext ent of any conflict or inconsistency between chapter 17.32 and this chapter, the provisions of this chapter shall control.

B. An application for a conditional use permit s hall include the information and documents required by the applicable state licensing agency, the requirem ents as specified in the development review application checklist provided by the city, and shall also include at least the following information:

1. Environmental plan. An environmental plan indica ting how cultivation, manufacturing, distribution and/or retail will be conducted in accordance wi th state and local laws related to hazardous material disposal, land conversion, grading, el ectricity usage, water usage, and agricultural discharges.

2. Emergency response plan. An emergency response plan which complies with this Code and the California Fire Code, and sets out standard operating procedures to be followed by all individuals in case of a fire, chemical release, chemical spill, or other emergency.

3. License. Proof that the appl icant has been provisionally approved for a city license for the proposed facility.

4. Context aerial map. An aerial map stating t he distances between the proposed cannabis facility and the nearest residence, school, park and church.

5. Address of cannabis facility. The address of the location of the proposed cannabis facility.

6. Site plan and floor plan. A site plan and floor plan of the proposed cannabis facility denoting all uses of areas of the cannabis facility, includi ng any and all storage, employee areas, exterior lighting, restrooms, security cameras, areas of ingress and egress, signage, limited access areas, and restricted access areas.

7. Interior improvements. Plans and specifications for the interior of the proposed licensed premises if the building to be occupied is in existence at the time of the application. If the building is not in existence or alteration to the building is required at the time of the application, the applicant shall file a plot plan and a detailed sketch for the interior and shall further submit an architect's drawing of the building to be constructed or renovated.

8. Owner and manager information. The name, address, telephone number and email of any person who is an owner, a manager and person respon sible for the day-to-day operations of the proposed cannabis facility.

9. Property owner information and acknowledgement. The name, address, telephone number and email of the person that owns the real property upon which the proposed cannabis facility is to be operated. In the event the applicant does not legal ly own the property, the application must be accompanied by a notarized acknowledgement from the person who owns the property that a cannabis facility will be operated on his or her property.

10. Operating plan. An operating plan for the prop osed cannabis facility that includes at least the following information:
a. A description of the design of the proposed licensed premises evidencing that the design conforms to applicable local and state laws and regulations. b. A detailed description of t he type of cultivation processes to be utilized, including, without limitation, all nutrients, chemicals and other materials. c. A detailed breakdown of square footages for ea ch of the areas dedicated to the cultivation, manufacturing, storage, display and/or sale of cannabis and cannabis related items, as applicable.
d. A specific description of the types of m anufacturing products, activities, extraction and/or infusion methods, packaging, specific equipm ent to be utilized, whether and which volatile solvents will be used, and what percentage of the facility will be used for such activity. e. A description of the source of power (electric utility company, solar, diesel generators), the size of the electrical service or system, and the total demand to be placed on the system by all proposed uses on-site.
f. Verification of all water sources used by the proposed cannabis facility and verification that the proposed cannabis facility does not and will not utilize water that has been or is illegally diverted from any stream, creek, or river.
g. Evidence of compliance with all applicable environmental laws and regulations, including, without limitation, those pertaining to air and water quality. h. Any additional document(s) or informat ion reasonably requested by the city.

11. Security plan. A security plan that, to the satisfaction of the city, addresses how the applicant intends to comply with and implement all r equirements of this chapter, chapter 5.56 and the MAUCRSA, including, but not limited to, a description of how the security measures are sufficient to ensure the safety of on-site managers and employees, protect the proposed licensed premises from diversion and theft, and ensure that all bu ildings where cannabis is cultivated or stored

and/or where cannabis products are manufactured, packaged and stored are secured sufficiently to prevent unauthorized entry.

12. Odor filtration system. Verification that the proposed cannabis facility will be equipped with an odor filtration system that meets the following requirements:
a. A cannabis facility shall install or provi de a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the cannabis facility that is distinctive to its operation is not detected or detectable outside the cannabis facility, anywhere on adjacent property or public rights-of-way, on or about any exterior or interior common area walkways, hallways, breeze-ways, foyers, lobby areas, or any ot her areas available for common use by tenants or the visiting public, or within any other unit located within the same building as the cannabis facility.
b. For enforcement purposes, the standard fo r determining what constitutes an unlawful odor under this subsection shall be whether such an odor would be deemed offensive to a reasonable individual on an ongoing or periodic basis and personally detectable by city staff or law enforcement personnel.

13. Declaration. A statement in writing by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is true and correct.

14. Acknowledgement. Authorization for the city to seek verification of the information contained within the application.

15. Any such additional and further information as is deemed necessary by the city to administer this section or this chapter.

C. The city staff shall review, verify and investi gate all information on the application and prepare a report for the planning commission incorporating the findings of such investigation and verification, including, but not limited to, the suitability of the proposed location, and the applicant's compliance with the requirements of this chapter, chapter 5.56 and all other applicable state and local laws and regulations.

The applicant shall be solely responsible for the co st of any environmental report, study or other document determined by the city to be necessary in or der to process the application. Upon the city's demand, the applicant shall deposit with the city the estimated cost of the environmental report, study or other document determined by the city to be required by applicable law. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.080 - Grounds for denial of conditional use permit.

A. The planning commission shall not hold a public hearing on or approve any application for a conditional use permit to operate a cannabis facility unless th e city has provisionally approved the applicant's license pursuant to chapter 5.56.

B. In addition to the findings set forth in secti on 17.32.090 of this Code, a conditional use permit shall only be granted subject to certain conditions to pr otect the health, safety and general welfare of the neighborhood or community, and subject to the following findings:

1. The cannabis facility as well as all operations as conducted therein, fully comply with all applicable environmental, building, electrical, zoning and fi re codes, accessibilit y requirements of the Americans with Disability Act, and all other applicable local and state laws and regulations; and

2. The cannabis facility complies with and meets all operating criteria requ ired pursuant to state laws, chapter 5.56 of this Code, any other applicab le provisions of this Code, and any specific, additional operating procedures and measures as may be imposed as conditions of approval in the conditional use permit.

C. Following the public hearing, the planning comm ission shall deny an application for a conditional use permit upon making any of the following findings, which shall be made part of the record of the meeting/public hearing:

1. The findings required by section 17.32.090 or subsection B, above, for the granting of a conditional use permit cannot be made; or

2. Good cause, as defined in this chapter.

D. Based on the information set forth in the applicat ion, the staff report presented by city staff and testimony presented at the public hearing, the planning commission may impose reasonable terms and conditions on a proposed cannabis facility in addi tion to those specified in and required to be included in every conditional use permit granted under this chapter. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.090 - Transfer of ownership interest to a new owner, modification of licensed premises and other material changes.

In addition to any requirements in chapter 5.56 of this Code, the following requirements for change of ownership to a new owner, or modification of a cannabis facility apply.

A. Change of ownership interest to a new owne r. A conditional use permit approved in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership interest in the cannabis facility in the same area, configuration, and manner as it was originally approved in compliance with this chapter. Notwithstandi ng anything in this Code to the contrary, a new owner of a facility may not commence operations at the premises until the transfer of ownership interest to a new owner has been approved by the city and the new owner has been issued a primary license.

B. Modification of licensed premises. A cannabis fa cility shall not make physical change, alteration, or modification that materially changes the fa cility from the plans appr oved by the city and/or planning commission without paying the fee establis hed by resolution of the city council and obtaining director's review and approval, and co mplying with any new conditions of approval.

Material changes shall comply with all current building and safety codes as determined by the fire chief and building official. Material changes incl ude, but are not limited to: a decrease in the number of security cameras, the relocation of any security camera included in the security plan approved pursuant to section 17.43.070, an increase or decrease in the total square footage of the licensed premises or the addition, sealing off, or relocation of a wall, common entryway, doorway, or other means of public ingress and/or egress. The city may deny a requested material modification if, in its sole discretion, it deter mines that such modification poses or has the likelihood of posing a hazard to public health, safety or welfare, or will otherwise be detrimental to the neighboring community. Subject to direct or's review and approval, additional permissible commercial cannabis activities may be added to a parcel for which a cannabis conditional use permit has previously been approved.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.100 - Appeals.

Any decision regarding the planning commission's or director's review approval, conditional approval, denial, or revocation or modification of a conditional use permit for a cannabis facility may be appealed to the city council in accordance with the provisions of chapter 2.44 of this Code. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.110 - Permitted zones, distance and size requirements.

A. Permitted zones. Subject to the distance and ot her requirements of this chapter, a cannabis facility may only be located on a property within the light industrial (LI) zone, heavy industrial (HI) zone, or any adopted specific plan that permits industrial uses, and following the application for and granting of a conditional use permit in accordance with this chapter. In addition to the other required findings, the planning commission shall also consider whether a pproval of the proposed facility will violate the minimum requirements set forth in this section.

B. Distance and size requirements.

1. No cannabis facility shall be located within six hundred (600) feet of the following:
a. A religious assembly;
b. A public or private school, college or university (excluding trade schools); c. A residential use or residentially designated property; e. A public park.

2. An applicant for a conditional use permit pursuan t to this chapter may request, in conjunction with the conditional use permit, a waiver of the for egoing distance requirements; provided, however, that no waiver may be requested or shall be gr anted for mixed-light cu ltivation utilizing hoop- houses or similar soft-sided and/or temporary structures. In considering such request, the planning commission may approve a waiver if it makes the following findings:
a. The cannabis facility will serve a specific community need; and b. The distance waiver approved for the facility is not expected to result in an adverse effect on adjacent property, uses or residents.

3. All distances specified in this section sha ll be measured in a straight line, without regard to intervening structures or topography, from the nearest point of the building or structure in which the cannabis facility is, or will be located, to t he nearest property line of the parcel where such use set forth in this subsection B is located.

4. All indoor cultivation/manufacture of cannabi s shall occur in an enclosed locked structure that shall not exceed size limits set by state licensing/regulatory agencies. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.120 - Confidentiality of information.

A. The city's review of information submitted or ma intained pursuant to this chapter shall preserve the confidentiality of all information about applicants, licensees, owners, and employees, to the maximum extent consistent with state and local law. The city shall incur no liability for the inadvertent or negligent disclosure of such information. Disclosure of any applicant or licensee information to the city for purposes of this chapter shall not be deemed a waiver of confidentiality.

B. The city shall treat all financial information pr ovided pursuant to this chapter as financial data in accordance with the California Public Records Act (California Government Code Section 6254(n)).

C. To the extent permitted by la w, recordings from security cameras, as well as operating plans and security plans required by this chapter shall be confidential and shall not be subject to public inspection or disclosure except to authorized city employees.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.130 - Limitations on city's liability.

To the fullest extent permitted by law, the city shall not assume any liability whatsoever, with respect to approving any conditional use permit pursuant to this chapter or the operation of any cannabis facility approved pursuant to this chapter. As a condition of approval of a conditional use permit as provided in this chapter, the applicant or its legal representative shall:

A. Execute an agreement indemnifying the city from any claims, damages, etc., associated with the operation of the facility;
B. Agree to defend, at its sole expense and with co unsel of the city's choice, any action against the city, its agents, officers, and/or employees related to the approval of a primary license; and C. Agree to reimburse the city for any court costs a nd attorney fees that the city may be required to pay as a result of any legal challenge related to the city's approval of a primary license.

D. Expressly acknowledge in writi ng that (i) the city incurs no liabilit y whatsoever as a result of the city's issuance of a license pursuant to chapter 5.56, a conditional use permit pursuant to this chapter and/or approval of the security plan require d by this chapter, (ii) the applicant is aware that engaging in commercial cannabis activity may violate federal law, including, without limitation, the Controlled Substances Act, 21 U.S.C. § 801 et seq., and the applicant assumes all liability for such violation.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.140 - Inspections.

A. Recordings made by security cameras at any cannabis facility shall be made immediately available to the city's public safety department, the city manager, the Los Angeles County Sheriff's Department or their designee upon verbal request for enforcement and/or criminal investigation purposes.

B. The city manager, or his or her designee, la w enforcement officers, city development services department personnel and city public safety personnel and compliance inspectors shall have the right to enter all cannabis facilities from time to time unannounced for the purpose of making reasonable inspections to observe and enforce compliance with this chapter and chapter 5.56. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.150 - Violations and enforcement.

A. Operation of a cannabis cultivation facility in no n-compliance with any conditions of approval or the provisions of this chapter, chapter 5.56, any othe r applicable state or local law or regulation, or condition of any license or permit shall constitute a misdemeanor and upon conviction thereof any violation shall be punishable by a fine not to exceed one thousand dollars ($1,000.00), or by imprisonment for a period of not more than one year, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense.

B. The city may issue an administrative citation to any responsible person, as defined herein, for each violation of this chapter pursuant to the procedures set forth in chapter 9.48; provided, however, that notwithstanding the provisions of subsection 9.48. 060(E), the penalty amounts of administrative citations issued for violations of this chapter shall be as follows, may be amended from time to time by resolution of the city council:

1. For the first violation within a twelve (12) month period, the penalty shall be ten thousand dollars ($10,000.00);

2. For the second and any subsequent violation with in a twelve (12) month period, the penalty shall be twenty thousand dollars ($20,000.00).

C. In lieu of or in addition to the foregoing, the city may collect any and all abatement and related administrative costs pursuant to the provisions of section 8.28.210.

D. The remedies provided herein are not to be c onstrued as exclusive remedies, and in the event of violation or non-compliance, the city may pursue any proceedings or remedies otherwise provided by law. Any administrative citation issued pursuant to this chapter shall not prejudice or adversely affect any other civil, administrative or criminal action t hat may be brought to correct or abate any unlawful nuisance condition or use caused by a licensee, permittee or cannabis facility. A civil or criminal action may be brought concurrently with any other process regarding the same violation.

E. Applicants and licensees shall cooperate with employees and investigators of the city who are conducting inspections or investigations of or per taining to the enforcement of laws and regulations related to this chapter. No applicant or licensee shall by any means interfere with, obstruct or impede the city manager or any member of the city's development services or public safety department, law enforcement personnel, or other city official from exercising his/her duties under the provisions of this chapter and all regulations promulgated pursuant to it. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.160 - Revocation of conditional use permit.

Revocations of a conditional use permit issued under this chapter shall be governed by section

17.32.890, et seq. of this Code. In addition to the grounds for revocation set forth in section 17.32.890, the planning commission and/or the city council may suspend or revoke a conditional use permit if the planning commission and/or the city council find:

A. Good cause;
B. The building, structure, equipment, location or manner of operation of such business does not comply with the requirements of or fails to meet the standards of the health, zoning, fire and safety laws of the state and ordinances of the city applicable to such business operations; or C. The cannabis facility has failed to comply with this chapter or any condition of approval or a circumstance or situation has been created t hat would have permitted the planning commission to initially deny the conditional use permit, including, but not limited to, failure to comply with the operating plan or safety plan approved pursuant to section 5.56.070. (Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.170 - Public nuisance.

A. It is unlawful and shall constitute a public nui sance to engage in or conduct any commercial cannabis activity in violation of this chapter, chapter 5.56 or any other applicable local or state law or regulation, or condition of a license or permit.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.180 - Regulations.

The city manager is authorized to promulgate such regulations as may be necessary or convenient to implement this chapter.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)

17.43.190 - Severability.

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one (1) or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
(Ord. No. 1083, § 1(Exh. A), 4-11-2021)
Chapter 17.44 - CONTINUATION, PENDING PROCEEDINGS AND REPEALS

17.44.010 - Continuation of existing law.

The provisions of this title insofar as they are substantially the same as the provisions of any ordinance or portions of any ordinance repealed by the ordinance codified in this title shall be construed as restatements and continuation thereof, and not as new enactments. (Prior zoning ord. § 801)

17.44.020 - Pending proceedings not affected.

No hearing or other proceeding initiated or commenced prior to November 5, 1971, and no right accrued, is affected either by amendments to this title effective on said November 5, 1971, or by the provisions of this title, but all proceedings thereafter taken shall conform to the provisions of this title so far as possible. Where the commission prior to said November 5, 1971, has recommended the granting, denial, revocation or modification of any permit, exception, license, or other approval, to the city council, the said council may act upon such recommendation either before or after November 5, 1971. In all other cases the commission shall grant, deny, revoke or modify as now provided in this title even if the action was initiated prior to November 5, 1971.
(Prior zoning ord. § 802)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

17.44.030 - Pending proceedings.

If, prior to November 5, 1971, an application for an exception has been heard by the board of supervisors, commission or zoning board but has not been decided on November 5, 1971, the city council and commission may, where applicable, consider the case as either an application for a variance or for a conditional use permit, and shall decide or recommend pursuant to the provisions of this title as they now exist.
(Prior zoning ord. § 803)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

17.44.040 - Rights under existing approval not affected.

No rights given by any permit, license or other approval under any ordinance repealed by the ordinance codified in this title are affected by such repeal, but such rights shall hereafter be exercised according to the provisions of this title.

(Prior zoning ord. § 804)

17.44.050 - Prior approval of permits and maps.

No rights given by any permit or tentative map approval, or existing extension thereof, under any ordinance in effect prior to the effective date of this amendment shall be affected by this amendment. (Prior zoning ord. § 804.1)

17.44.060 - Conviction of crime.

Any conviction for a crime under any ordinance which is repealed by the ordinance codified in this title, which crime is continued as a public offense by this title, constitutes a conviction under this title for any purpose for which it constituted a conviction under such repealed ordinance. (Prior zoning ord. § 805)

17.44.070 - Repeals.

Ordinance No. 219 entitled "An Ordinance Regulating the Storage and Transportation of Explosives in the County of Los Angeles," adopted October 11, 1909; Ordinance No. 1454, entitled "An Ordinance Regulating the Establishment and Maintenance of Rock Quarries, Sand and Gravel Pits and Rock Crushing Plants in the County of Los Angeles," adopted March 14, 1927; Ordinance No. 1473 (New series) entitled "An Ordinance Providing for the Creation in the Unincorporated Area of the County of Los Angeles of Seven Zones Prescribing the Classes of Uses of Buildings, Structures, Improvements and Premises in Said Several Zones and Providing a Penalty for the Violation Thereof," adopted May 2, 1927; Ordinance No. 2179, entitled "An Ordinance Providing for a Comprehensive Scheme of Building Line Restrictions in the Unincorporated Territory of the County of Los Angeles," adopted November 2, 1932; Ordinance No. 2854, entitled "An Ordinance Regulating the Establishment, Maintenance and Extension of Cemeteries in the County of Los Angeles, Providing for the Issuance of Permits Therefor, and Providing Penalties for the Violation Thereof," adopted January 20, 1937; and Ordinance No. 5070, entitled "An Ordinance Temporarily Restricting and Regulating Residential Construction, Occupation and Use in the Laguna Domingues Area, Pending the Adoption of Permanent Official Plans of the Master Plan of Land Use," adopted February 17, 1948, are repealed.
(Prior zoning ord. § 806)

17.44.080 - No revival of repealed ordinances.

The repeal of said Ordinance No. 2854 does not revive Ordinance No. 927, New Series, entitled "An Ordinance Prohibiting the Establishment of Certain Institutions in Certain Localities in the County of Los Angeles," adopted October 1, 1923, nor any other ordinance or portion thereof repealed by said Ordinance No. 2854.
(Prior zoning ord. § 807)

17.44.090 - Zone exception modifying standards deemed variance.

Where a zone exception granted by action of the commission or board of supervisors prior to said November 5, 1971, may be granted as a variance under the present provisions of this title, it shall be deemed a variance.

(Prior zoning ord. § 808)

17.44.100 - Status of zone exceptions other than standards.

In all cases other than as provided in Section 17.44.090 where a zone exception was granted by action of the commission or the board of supervisors prior to November 5, 1971, such use shall be considered a nonconforming use under the provisions of this title provided:

A. That such uses shall remain in compliance with and subject to all limitations and conditions imposed by such grant; and
B. That all provisions governing nonconforming uses not in conflict with the limitations and conditions of such grant, shall apply.
(Prior zoning ord. § 809)
Chapter 17.45 - COLLECTION BINS

17.45.010 - Title.

This Chapter shall be known as the City of Lancaster's Collection Bins ordinance. (Ord. No. 1098, § 3(Exh. A), 1-24-2023)

17.45.020 - Findings and declaration.

The city council finds and declares as follows:

A. The unregulated presence of collection bins, sometimes called donation bins, on private property often leads to bins encroaching on public right s-of-way, which poses a significant hazard to vehicular and pedestrian safety.

B. Additionally, many collection bins are not regul arly maintained or monitored, which results in donated items overflowing out of the bins, creating a visual blight and providing a harborage for vermin. The presence of overflowing bins and/or a proliferation of bins in a concentrated area can create the appearance of an informal dumping area and attract unintended items such as couches, appliances, and electronics. Unattended and unmaintained bins are frequently targets for graffiti and other vandalism, which further leads to blight.

C. It is the purpose and intent of the city counc il to protect public health, safety and general welfare by establishing narrowly tailored and reasonable time, place and manner regulations to ensure the proper, safe and sanitary location and maintenance of collection bins in the city. (Ord. No. 1098, § 3(Exh. A), 1-24-2023)

17.45.030 - Definitions.

As used in this Chapter, the following words and phrases have the meanings set forth below:
"City manager" means the city manager of the city of Lancaster, or his or her designee. "Code" means the Lancaster Municipal Code.
"Collection bin" or "bin" means an unattended box, receptacle or similar device used for soliciting and collecting donations of salvageable personal property, whether for charitable purposes by a non-profit organization or for profit by a for-profit entity.

"Person" as used in this Chapter, means and includes any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization or entity, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons. "Person" also includes any public entity or agency that acts as an owner in the city. "Responsible person" means any person, whether as an owner or tenant/lessee of private property or otherwise, that allows, causes, creates, maintains, or permits a nuisance collection bin to exist on or adjacent to their premises, by any act or the omission of any act or duty. The actions or inactions of a responsible person's agent, employee, representative or property manager may be attributed to that responsible person.
"Salvageable personal property" means new or used items such as clothing, shoes, books, and miscellaneous household items.
(Ord. No. 1098, § 3(Exh. A), 1-24-2023)

17.45.040 - Director's review and approval required.

It is unlawful for any person to store, maintain, or allow a collection bin without having first obtained a director's review and approval. A person must have an approval in good standing at all times a collection bin is on a person's premises.
(Ord. No. 1098, § 3(Exh. A), 1-24-2023)

17.45.050 - Application for director's review; denial, revocation, conditioning; obtaining approval for bins currently on property.

A. A person seeking to store, maintain or allow a collection bin on his/her property shall submit an application for a director's review in accordance with the provisions set forth in Chapter 17.32, Article VI of this code.

B. The application review and approval, denial, condi tioning, suspension and/or revocation processes, and all administrative remedies, shall be in accordance with Chapter 17.32. An approval is also subject to modification or denial if the information submi tted pursuant to subsection C. of this Section is incomplete or does not reflect that the placement or maintenance of the collection bin will comply with the standards set forth in this Chapter. Further, an approval may be denied or revoked in the event of any of the following conditions:

1. The property has contained graffiti within 6 m onths prior to the application submittal that has not been timely removed in accordance with this code;

2. The property has had conditions or uses in vi olation of the Lancaster Municipal Code within 6 months prior to the application submittal which were not timely corrected or abated in accordance with a notice of violation, administrative citation, or compliance letter;

3. The applicant has been found to be in violati on of the requirements of this Chapter within one year of the application submittal.

C. In addition to the requirements set forth in Chap ter 17.32, Article VI, the applicant shall also submit the following information/documentation, which is subject to the approval, modification and/or denial of the city manager:

1. The collection bin operator's contact informat ion, including name, addr ess, email, website (if available), and telephone number.

2. If the operator holds itself out as a non-profit organization, a statement that it meets the definition of nonprofit organization in Section 501(c)(3) of the United States Internal Revenue Code or Section 150(c) of the California Welfare and Institutions Code.

3. If the operator holds itself out as a for-profit organization, a statement that it holds a valid certificate of good standing issued by the California Secretary of State.

4. If the operator and the owner of the lot on which the collection bin will be located are the same person or entity, written acknowledgment that t he operator understands that they are liable for violations of this subdivision. If the operator an d the owner of the lot on which the collection bin will be located are different perso ns or entities, written acknow ledgment signed by both parties that both understand that they are jointly and severally liable for violations of this subdivision.

5. A site plan identifying the following:
i. Boundaries of the parcel on which the bin will be located; ii. Location of all structures on the parcel;
iii. Proposed bin location;
iv. Distance from the proposed bin location to the lot lines and the nearest structures on the parcel;
v. Locations and dimensions of all existing and proposed driveways, landscaped areas, easements, and parking space on the parcel.

6. Diagram and/or description of the bin including the height, width, depth, and general appearance of the bin, and the materials of which the bin is fabricated.

7. Diagram and/or description of the proposed locking mechanism.

8. Description of the maintenance plan, including the pick-up schedule to be not less than weekly, and graffiti, litter and trash removal on and around the collection bin;

9. Any other information regarding time, plac e and manner of the collection bin's operation, placement, and maintenance that the city manager deems reasonably necessary to evaluate the proposal's consistency with the requirements of this Chapter.

D. A person on whose property a collection bin is alread y located as of the effective date of this ordinance shall legalize the bin by applying for and obtaining di rector's review and approval as set forth in this Section, or shall remove the bin from the premises, within sixty (60) calendar days from the effective date of this ordinance.
(Ord. No. 1098, § 3(Exh. A), 1-24-2023)

17.45.060 - Location, distance requirements of collection bins.

A. Collection bins are permissible only commerci ally zoned property on which at least one currently licensed business is operating.

B. No collection bin shall be located within the following distances:

1. 20 feet of any public right-of-way;

2. 10 feet of any lot line adjoining another lot;

3. 100 feet of a residentially zoned parcel.

C. No collection bin shall be located on or within the following:

1. The public right-of-way, including alleys and sidewalks;

2. Any area designated for landscaping.

D. No collection bin shall be located in, or block or impede access to any of the following:

1. Required parking or driveway areas;

2. Pedestrian routes;

3. Emergency vehicle routes;

4. Building ingress and egress;

5. Required accessibility routes;

6. Required easements;

7. Trash enclosure areas or access to trash bins or trash enclosures;

8. Any place that would impede the functioning of ex haust, ventilation or fire extinguishing systems.

E. No more than one collection bin shall be located on any lot. (Ord. No. 1098, § 3(Exh. A), 1-24-2023)

17.45.070 - Physical attributes.

A. Collection bins shall be fabricated of durable and waterproof materials.

B. Bins shall be placed on a paved, non-sloping surface.

C. Bins shall have a tamper-resistant locking mechanism.

D. Bins shall not exceed dimensions of 80 inches in height, 50 inches in depth, and 60 inches in width.

E. Collection bins shall be provid ed a light source to provide illumination between sunset and sunrise.

F. Bins shall have the following information conspicuou sly displayed in at least two-inch type visible from the front of the collection bin:

1. Bin operator's name, 24-hour telephone numbe r, and address of the lo t on which the bin is licensed to be located;

2. A statement that no material sha ll be left outside the collection bin;

3. A statement that either reads "this coll ection bin is owned and operated by a for-profit organization" and that clearly describes the charitable cause that will benefit from the donations, or "this collection bin is owned and operated by a nonprofit organization" and that clearly states "this donation is not tax deductible."
(Ord. No. 1098, § 3(Exh. A), 1-24-2023)

17.45.080 - Operational and maintenance standards.

A. Collection bins shall be maintained in good work ing order, and free from graffiti, removed or damaged requisite signs and notifications, peeling paint, rust, and broken collection operating mechanisms.

B. No overflow collection items, litter, debris or dumped materials shall be allowed to accumulate within 20 feet of any collection bin.

C. Collection bins shall be serviced not less than weekly. Servicing includes removal of the collected items, maintenance of the bin, and abatement of any graffiti, litter or other nuisance conditions in, on or around the collection bin.

D. The operator shall maintain an active email address and a telephone with 24-hour recording capability for the public to register complaints.

E. Any conditions that are in violation of this Ch apter must be abated or corrected within 48 hours of being reported to bin operator and/or property owner.
(Ord. No. 1098, § 3(Exh. A), 1-24-2023)

17.45.090 - Violation; public nuisance; penalty; administrative citations.

A. The city council finds and declares that it is un lawful for any responsible person, as defined in this Chapter, to allow, cause, create, suffer or permit t he presence of a collection bin on or around his or her property in a location or manner that is in violation of this Chapter.

B. The city council finds and declares that a collecti on bin that does not fully comply with this Chapter constitutes a public nuisance subject to abatement.

C. Any person violating the provisions of this Chap ter is subject to the penalty provisions set forth in Chapter 1.12.

D. A responsible person violating the provisions of this Chapter may additionally be issued an administrative citation in accordance with the provisions set forth in Chapter 1.16. (Ord. No. 1098, § 3(Exh. A), 1-24-2023)

17.45.100 - Abatement; emergency abatement of an imminently hazardous collection bin.

A. The city manager may cause a nuisance collection bin to be abated, in accordance with the procedures set forth in Chapter 8.28 of this code.

B. The city council finds and declares that a collect ion bin that has encroached into the public right-of- way, including alleys and sidewalks, constitutes a significant hazard to pedestrians and vehicles and therefore is deemed an imminent public safety haza rd. The city manager is authorized to utilize the procedures set forth in Section 8.28.170 of this code for the emergency abatement of such a bin. (Ord. No. 1098, § 3(Exh. A), 1-24-2023)

17.45.110 - Remedies not exclusive.

A. Any administrative citation pursuant to this Chap ter shall not prejudice or adversely affect any other civil, administrative or criminal action that may be brought to abate a nuisance collection bin or to seek compensation for damages suffered. A criminal or civil action may be brought concurrently with any other process regarding the same violation.

B. A nuisance collection bin may be abated through the revocation or suspension of the director's review approval, in accordance with the provisions set forth in Chapter 17.32, Article VIII of this code. (Ord. No. 1098, § 3(Exh. A), 1-24-2023)

17.45.120 - Severability.

If any section, subsection, paragraph, sentence, clause or phrase of this Chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The city council declares that it would have adopted this Chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
(Ord. No. 1098, § 3(Exh. A), 1-24-2023)

Chapter 17.04 - GENERAL PROVISIONS

17.04.010 - Adoption by reference of the county zoning ordinance.

Except as hereinafter provided, that certain zoning ordinance of the county of Los Angeles, known as Ordinance No. 1494, as amended, and in full force and effect on May 7, 1979, is adopted as the zoning ordinance of the city of Lancaster, to provide for the creation within the city of zones and prescribing area requirements and classes of uses of buildings, structures, improvements and premises in the zones referred to therein.

Three copies of the Los Angeles County zoning ordinance have been deposited in the office of the city clerk of the city of Lancaster and shall be at all times maintained by the clerk for the use and examination by the public.
(Prior code § 9-1.1)

17.04.020 - Reserved.

Editor's note— Ord. No. 1130, § 4(Exh. A), adopted May 27, 2025, repealed § 17.04.020, which pertained to substitution of certain terms and derived from Prior code § 9-1.2.

17.04.030 - Area designated.

Whenever in Ordinance No. 1494 reference is made to the unincorporated area of the county of Los Angeles, such area shall be deemed to be the area included within the boundaries of the city of Lancaster.
(Prior code § 9-1.3)

17.04.040 - Interim zoning.

This chapter is adopted as a temporary interim zoning ordinance. The city planning commission and the city attorney are directed to prepare or cause to be prepared a zoning ordinance to be presented to the city council for its adoption. Until such ordinance can be prepared and adopted, no building permit or other permit shall be issued by any officer of the city for any building, structure or use of any real property in the city, which building, structure or use is or would be in conflict with or in violati on of said zoning ordinance of the county of Los Angeles, as it was in effect and applicable to that area of said county now incorporated and known as the city of Lancaster on the date immediately preceding the date of incorporation of said city, or as the same may have been amended between said date of incorporation and May 7, 1979, or as the same may hereafter be amended by this city council. Any permit issued contrary to the provisions of this ordinance shall be void. There is no intent to alter or amend any other amendments adopted by the city council to the zoning ordinance from date of incorporation. (Prior code § 9-1.4)

17.04.050 - Zoning map adopted.

Due to the conditions referred to in Section 17.04.040, the city council further adopts as a temporary interim zoning map for the city, the zoning map for the county of Los Angeles which has until the incorporation of this city governed the zoning of the area within the city. The zoning shown on said map of all property formerly in the county and now within the city shall be, and is declared to be, the zoning of

such property now that it is within the city, and governed according to classification by the zoning ordinance of the county of Los Angeles as referred to in Section 17.04.040. (Prior code § 9-1.5)

17.04.060 - Highway master plan adoption.

The council further adopts the master plan of highways of the county of Los Angeles, insofar as it affected the area now within the city of Lancaster before incorporation, the intention of this section being that the said master plan shall have the same effect on the area as it did before incorporation. The city clerk is directed to keep on file in his office for use by the public 3 copies of the master plan of the highways of Los Angeles County.
(Prior code § 9-1.6)

17.04.070 - Continuation of previously issued variances and permits.

All variances, special permits, conditional use permits, exceptions and similar permits granted by the regional planning commission or the board of supervisors of Los Angeles County and validly in effect on the date of incorporation of the city of Lancaster, are approved, ratified and confirmed as to the entire premises to which the same relate with the same force and effect as if the same were reissued as of said date of incorporation in accordance with the provisions thereof. (Prior code § 9-1.7)

17.04.080 - Providing ten-day notice prior to public hearings—Enactment.

This section is enacted pursuant to Section 65854 of the Government Code of the state of California.

The convenience, health, safety and welfare of the citizens of the city of Lancaster are served by amending Chapter 6, Article 3, Section 631 of the zoning ordinance (Section 17.36.020 of this code) to provide for a minimum 10-day notification of public hearing prior to any such hearing. (Prior code § 9-1.10)

17.04.090 - Short title.

This title shall be known as, and may be cited as "The Zoning Ordinance of the City of Lancaster." (Prior zoning ord. § 100.1)

17.04.100 - List of zones.

In order to implement the adopted city general plan and pertinent goals, objectives, policies, and programs thereof pursuant to Chapters 3 and 4 of Title 7 of the Government Code, the Planning Law, or any statutes superseding those chapters; to protect the public health, safety, and general welfare of the visitors to and residents of the city; to regulate the use of buildings, structures, and land for residential, commercial, industrial and institutional purposes; to regulate location, height, bulk, and area covered by buildings and structures; and to control lot size, yards, intensity of land use, signs and off -street parking, the incorporated area of the city is divided into the following zones:

R Zones—Residential

RR Zone—Rural Residential
SRR Zone—Semirural Residential
R Zone—General Residential
MDR Zone—Moderate Density Residential
HDR Zone—High Density Residential
MHP Zone—Mobilehome Park
C Zone—General Commercial
CPD Zone—Commercial Planned Development
H Zone—Hospital
OP Zone—Office Professional
I Zones—Industrial
LI Zone—Light Industrial
HI Zone—Heavy Industrial
O Zone—Open Space
SP Zone—Specific Plan
P Zone—Public Use
MU Zones—Mixed Use
MU-N—Mixed Use-Neighborhood
MU-C—Mixed Use-Commercial
MU-E—Mixed Use-Employment
MU-TOD—Mixed Use-Transit Oriented Development
(Ord. 743.1 § 2, 1998; Ord. 743 § 2, 1998; Ord. 651 § 1, 1993; Ord. 647 § 1, 1993; prior zoning ord. § 101)
(Ord. No. 945, § 2, 7-13-2010; Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.04.110 - Combining zone.

Zone ( ) -VM (Vegetative Management)—For every zone listed in Section 17.04.100 an additional zone designated by the symbol -VM in combination with the respective zoning symbol in Section

17.04.100 is established.
(Prior zoning ord. § 101.3)

17.04.120 - Purpose.

It is declared that in the creation of the respective zones set forth in this title, the city council has given due consideration to the suitability of each such zone created for the particular uses contained therein, the area requirements, density of land occupancy and the necessary, proper and comprehensive groupings and arrangements of industry, commerce, and the population of the city in accordance with the adopted general plan of the city.
(Prior zoning ord. § 102)

17.04.130 - References to ordinances and state statutes.

Any reference to an ordinance or state statute shall mean that ordinance or statute as amended from time to time.
(Prior zoning ord. § 103)

17.04.140 - Title requirements as minimums.

In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. (Prior zoning ord. § 105)

17.04.150 - Replacement of other ordinances.

The provisions of the ordinance codified in this title shall not be deemed or construed to repeal, amend, modify, alter or change any other ordinance or any part thereof not specifically repealed, amended, modified, altered or changed herein, except in such particulars or matters as this title is more restrictive than such other ordinances or part thereof; and that in all particulars wherein this title is not more restrictive each such other ordinance shall continue and shall be in full force and effect. (Prior zoning ord. § 106)

17.04.160 - Assumption of power or duty by public officer.

Whenever a power is granted to, or a duty imposed upon, a public officer by this title, the power may be exercised or the duty may be performed by the commission, a deputy of the officer or a person authorized pursuant to law or ordinance by the officer, unless this title expressly provides otherwise. (Prior zoning ord. § 107)

17.04.170 - Delegation of power or duty by commission.

Whenever by ordinance an administrative power is granted to, or an administrative duty imposed upon the commission, the commission may instruct the director to exercise such administrative power or perform such administrative duty. The director shall exercise all such powers, and perform all such duties as he is instructed to do by the commission.
(Prior zoning ord. § 107.5)

17.04.180 - Tenses.

The present tense includes the past and future tenses, and the future the present. (Prior zoning ord. § 109)

17.04.190 - Gender.

The masculine gender includes the feminine and neuter.
(Prior zoning ord. § 110)

17.04.200 - Plural or singular.

The singular number includes the plural, and the plural the singular. (Prior zoning ord. § 111)

17.04.210 - Severability.

If any provisions of this title, or the application thereof to any person or circumstance is held invalid, the remainder of the title, and the application of such provision to other persons or circumstances, shall not be affected thereby.
(Prior zoning ord. § 112)

17.04.220 - Violation—Penalty.

Every person violating any provision of this title or any entitlement, permit, license, or exception granted hereunder is guilty of a violation of this code as specified in Chapter 1.12 of this code. (Ord. 711 § 2, 1995: prior zoning ord. § 113)

17.04.230 - Administration of use classifications.

A. In determining compliance with the provisions of this title as it applies to the uses enumerated in the various zones, each principal use shall be considered a separate use of land provided:

1. The accessory uses, buildings and structures shall be deemed an integral part of each principal use; and

2. That more than one principal use may be placed on a single lot or parcel of land where not in conflict with other provisions of this title.

B. The director shall determine whether a use, building or structure may be considered accessory pursuant to the definitions contained in this title provided, however, that where disagreement arises between said director and an applicant, the commission shall make such determination. (Prior zoning ord. § 114)

17.04.235 - Reserved.

Editor's note— Ord. No. 1019, § 3, adopted February 28, 2017, repealed § 17.04.235, which pertained to medical marijuana dispensaries, cultivation and delivery, and derived from Ord. No. 1012, § 1, adopted February 9, 2016.

17.04.240 - Definitions.

Unless otherwise provided in this title, the definitions established in this section shall apply wherever such terms are used in this title, whether or not such terms are capitalized. Note: Definitions which are found in Title 16 also apply to the same terms as they are used within this title. "Accessory building or structure" means a detached subordinate building or structure, the use of which is customarily incidental to that of the main building or to the main use of the land, and which is located in the same or a less restrictive zone and on the same lot or parcel of land with the main building or use.
"Accessory dwelling unit (ADU)" shall have the meaning in subsection 17.41.012.A. "Accessory dwelling unit, junior (JADU)" shall have the meaning in subsection 17.41.012.E. "Accessory use" means a use customarily incidental to, related and clearly subordinate to a principal use established on the same lot or parcel of land, which accessory use does not alter said principal use nor serve property other than the lot or parcel of land on which the principal use is located. "Adjacent" means 2 or more lots or parcels of land either adjoining or separated only by an alley, street, highway or recorded easement.
"Adjoining" means 2 or more lots or parcels of land sharing a common boundary line, or 2 or more objects in contact with each other. Lots or parcels of land which touch at corners only shall not be deemed adjoining. "Abut" or "abutting" and "contiguous" mean the same as adjoining. "Adult" means a person who is 18 years of age or older. "Affordability" means the economic feasibility to construct lower-income housing in the proposed development.
"Affordable housing" means housing as defined in Section 65589.5(h)(2) of the Health and Safety Code.
"Aircraft" means any contrivance, now known or hereafter invented, for use or designed for navigation of or flight in the air.
"Airport" means any area of land or water which is used or intended to be used for the landing and taking off of aircraft and any appurtenant areas used or intended to be used for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon. Airport includes heliport, helistop and landing strip.
"Alternative fuel" means biological materials, coal-derived liquids, electricity, ethanol, hydrogen, methanol, natural gas, propane and any other fuel that the Secretary of Energy finds to be substantially not petroleum and which would yield substantial energy security benefits and substantial environmental benefits. Reformulated gasoline or other fuel derived from crude oil is not considered an alternative fuel. (From Federal Energy Policy Act of 1992).
"Alternative fuel vehicle" means motor vehicles that run on fuels other than petroleum- based fuels.

As defined by the National Energy Policy Act (EPACT), this excludes reformulated gasoline as an alternative fuel.
"Amphitheater" means unroofed or partially enclosed building or structure used for public assembly and/or entertainment including sports events, theatrical performances, concerts and recitals, circuses, stock shows and conventions. "Amphitheater" shall include stadium, sports arena and outdoor theater, but shall not include an entertainment park or its accessory buildings or structures.

"Antenna" means a device used in wireless communications which radiates and/or receives commercial cellular, personal communication service, and/or data radio signals. "Antenna" shall not include any satellite dish antenna or any antenna utilized for amateur radio, citizens band radio, television, AM/FM, or shortwave radio reception purposes. "Apartment, bachelor" means a dwelling unit in an apartment house, that combines sleeping, living, cooking and dining facilities into one habitable room. "Light housekeeping room" shall mean the same as bachelor apartment.
"Apartment, efficiency" means a dwelling unit in an apartment house, that combines sleeping, living, cooking and dining facilities into 2 habitable rooms, one of which shall be a kitchen. "Single apartment" and "efficiency living unit" mean the same as efficiency apartment. "Apartment, one-bedroom" means a dwelling unit in an apartment house, that contains a maximum of 3 habitable rooms, one of which shall be a kitchen.
"Apartment, two or more bedroom" means a dwelling unit in an apartment house that contains more than 3 habitable rooms.
"Area, net" means the total area within the lot lines of a lot or parcel of land after public street easements or other areas to be dedicated or reserved for public uses are deducted from such lot or parcel. Does not include trails easement, or landscape easement for lots of less than 7,000 square feet. "Automobile dismantling yard" means any premises used for the dismantling or wrecking of motor vehicles and trailers required to be registered under the Vehicle Code of the state of California including the buying, selling or dealing in such vehicles or integral parts or component materials thereof, and the storage, sale or dumping of dismantled, partially dismantled or wrecked inoperative vehicles and trailers.

Automobile dismantling shall not include the incidental storage of inoperative or disabled vehicles in connection with the legal operation of an automobile repair garage or automobile body and fender repair shop.
"Automobile impound yard" means any premises used for the temporary storage of vehicles which have been legally removed or impounded at the direction of a peace officer or by judicial order from public or private property as prescribed by law.
"Automobile parking space," as used in this title, means any permanently maintained space on the same lot or parcel of land as is located the structure it is designed to serve, so located and arranged as to permit the storage of, and be readily accessible under its own power to, a passenger automobile of average size. "Automobile storage space" means automobile parking space. "Automobile repair" means general repair including but not limited to replacement of parts, engine and transmission rebuilding, electronic diagnosis, brakes and alignment, muffler and exhaust replacement, radiator repair or replacement, reconditioning and restoration; maintenance including tune up, oil change, and lubrication; damage repair including but not limited to body work, frame repair, upholstery and painting.
"Automobile service station" means uses where the primary business is the sale of motor vehicle fuels (including but not limited to alternative fuels such as compressed natural gas (CNG), liquified petroleum gas (LPG), and electric recharging stations), lubricants and other refined petroleum products, and automobile accessories such as tires, batteries, windshield wiper blades and other incidental auto parts, and may also offer minor automobile repair services, but not convenience items such as food or drink other than from vending machines.
"Basement" means that portion of a building between floor and ceiling, which is partly below and partly above grade (as defined in this section), but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling. "Biosolid material" shall have the same meaning as "Sludge." "Borrow pit" means the same as quarry.

"Buildable area" means that portion of the lot remaining after deducting all required setbacks from the lot when considered in conjunction with maximum lot coverage. "Building" means any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals, chattels or property of any kind. "Building and safety official" means the building and safety official of the city. "Building, enclosed" means a building enclosed on all sides. "Building-mounted" means mounted to the side of a building, to the façade of a building, or to the side of another structure such as a water tank, church steeple, freestanding sign, utility tower, light pole, or similar structure, but not to include the roof of any structure. "Campground" means a lot or parcel of land designed or used for tent camping including picnic areas, but excluding any structures for permanent human occupancy. "Caretaker" means:

1. A person employed by and residing on the premises of an employer; or

2. The owner of any commercial/industrial enterprise or a member of his immediate family who assumes the primary responsibility for the necessary repair, maintenance, supervision or security of the real or personal property of the employer or owner which is located on the same or contiguous lots or parcels of land.
"Cargo container" means and includes, without limitation, a pre-manufactured, assembled reusable structure, typically made of metal but which can be made of other materials, that is delivered to a property in the city for use by an owner, occupant or licensed contractor as storage for construction materials and equipment, household items or other personal property. "Cargo container" includes, without limitation, vessels designed for packing, shipping or transportation of freight, articles, goods or commodit ies, and includes containers that are designed for and capable of being moved by railcar, motor vehicle, or ship. "Cargo container" does not include a storage shed or other structure that is or may be assembled at a property.
"Cellar" means that portion of a building between floor and ceiling which is wholly or partly below grade (as defined in this section) and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling. "Cellular" means an analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites.
"Centerline" means where reference is made to the centerline of any parkway, major or secondary highway, such centerline is deemed to be the centerline established by the county engineer for any proposed or dedicated public way which, in whole or in part, is included in any such parkway, major or secondary highway. Said established centerlines are those shown on a series of maps entitled "County Surveyor's Maps" or "County Surveyor's Filed Maps" on file in the office of the county engineer, except that, where two or more such centerlines are shown on any map in said series of maps, the centerline labeled "Proposed Centerline" is deemed to be the centerline of the parkway, major or secondary highway.
"Chapter" means a chapter of this title unless some other ordinance or statute is mentioned. "City" means the city of Lancaster.
"City engineer" means the city engineer of the city. The functions of the city engineer may be performed by the Director of Public Works.
"Clean fuel vehicle" shall have the same meaning as stated in division 1 of the Motor Vehicle Code of California.
"Co-located facilities" means wireless telecommunication devices that are attached to existing telecommunication towers or other existing structures such as light standards and power poles.