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Lancaster panel recommends zoning changes to regulate massage, alcohol, recycling and tobacco (MART) uses
Summary
The planning commission voted to recommend City Council approval of ZTA 26-002, a Title 17 amendment that creates a MART compliance program with clarified definitions, an amortization approach tied to license expirations, and a one-time entitlement review generally using minor use permits.
The Lancaster City Planning Commission voted to recommend approval to the City Council of Zone Text Amendment 26-002, a set of 2026 zoning-code updates primarily implementing the city’s new MART program (massage, alcohol, recycling and tobacco). The commission passed the motion recommending approval (Resolution 26-05) by a 5-0 vote with one absence.
Planning Manager Kendall Brekie told the commission the proposal responds to enforcement concerns previously addressed by a tobacco moratorium and by police presentations about unlicensed products sold in some smoke shops. The amendment clarifies definitions (including treating shops with more than 8 percent of floor area dedicated to tobacco as tobacco retail), expands distancing requirements from sensitive uses such as houses and day cares, and establishes an amortization approach whereby compliance is phased as businesses’ licenses expire. At the time of license expiration each business would receive a one-year extension to obtain required entitlements.
Brekie said the city will generally process existing MART businesses through a minor use permit unless the director elevates a case to a conditional use permit. The minor use permit is intended to lower processing time and applicant cost for the initial, one-time entitlement review; staff also proposed options to reduce fees and hire consultant support to streamline processing. Staff described outreach including a May 21 mailing to known businesses and a June 4 open house attended by roughly 50 people.
No formal public comment cards were submitted on the ZTA at the hearing. During the meeting’s general public-business period, a resident recounted a family incident involving nitrous-oxide "whippets" purchased at local smoke shops and praised the city’s MART effort as aimed at preventing harm. Commissioners and staff credited substantial outreach and noted the item will proceed to City Council on July 14 for readings.
The planning commission’s recommendation will be transmitted to the City Council for final action. If the council adopts the code changes, the new standards would replace the existing tobacco moratorium and establish the new compliance pathway for affected businesses.
