Ordinance No. 551
Premises within the Town as may be specified by agreement. The Town may determine all of the following:
(1) Compliance in disposal of solid waste and recyclablesSolid Waste, Recyclables, and Organic Materials in a manner described herein shall be mandatory for all waste generatorsGenerators within the Town of Apple Valley.
(2) Aspects of solid waste and recyclablesSolid Waste, Recyclables, and Organics handling, Processing, and disposal which are of local concern including, but not limited to, frequency of collection, means of collection and transportation, Source Separation of Recyclable Materials and Organics from other Solid Waste, designated Solid Waste, Recyclable Materials, and Organics collection locations, level of services, charges and fees, and the nature, location and extent of providing solid waste and recyclablesSolid Waste, Recyclable Materials, and Organics handling services.
(3) Whether the services are to be provided by means of non-exclusive, partially exclusive, or wholly exclusive franchise or contract, either with or without competitive bidding, or if, in the opinion of the Town Council, the public health, safety, and well-being so require, the authority to provide solid waste and recyclablesSolid Waste, Recyclables, and Organics handling services may be granted under terms and conditions prescribed by the Town Council by resolution or ordinance. The Town Council may grant an option for an additional period for such solid waste and recyclables handling servicesperiods that extend such agreement for the same.
(4) The Town Manager or his or her designee shall have charge and supervision of such solid waste and recyclablesSolid Waste, Recyclables, and Organics handling services from the various parts of the Town so as to conform to the provisions of this Chapter. When such routes or days of collection are established or changed, he or she shall give notice thereof in such a manner as he or she deems best. Every person shall place and keep solid waste material from any premise in the Town in receptacles as are required in this Chapter.
6.20.030 Solid waste and recyclables processing services; to be provided for and supervised by Town.
(a) The Town may provide solid waste and recyclables processing services which may include solid waste and recyclables from all premises within the Town. Such services may include designation of an authorized recycling agent. The Town may determine all of the following:
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(1) Aspects of solid waste and recyclables processing which are of local concern including, but not limited to, recyclables segregation from other solid waste, designated solid waste and recyclables collection locations, level of services, charges and fees and nature, location and extent of providing solid waste and recyclables processing services.
(2) Whether the services are to be provided by means of non-exclusive franchise or contract, either with or without competitive bidding, or if in the opinion of the Town Council, the public health, safety and well-being so require the authority to provide solid waste and recyclables processing services may be granted under terms and conditions prescribed by the Town Council by resolution or ordinance. The Town Council may grant an option for an additional period for such solid waste and recyclables processing services.
(3) The Town Manager shall have charge and supervision of authorized solid waste and recyclables processing services from the various parts of the Town so as to conform to the provisions of this Chapter. When such routes or days of collection are established or changed, he or she shall give notice thereof in such manner as he or she deems best. Every person in the Town shall place solid waste and recyclables in such designated receptacles as are required in this Chapter for collection at designated solid waste and recyclables collection locations.
6.20.035 Persons authorized to collect, transport or dispose of solid waste and recyclables.
The Town and its duly authorized agents, servants and employees, or any contractors with whom the Town may at any time enter into a contract or franchise therefore, and the agents, servants and employees of such contractors, while any such contract shall be in force, shall have the exclusive right to provide solid waste and recyclables handling services from all premises in the Town; and no person other than those above specified shall provide solid waste and recyclables handling services, convey or transport any solid waste or recyclables in, along or over any public street, alley or highway in the Town, or take any solid waste or recyclables from any receptacle in which the same may be placed for collection or removal, or interfere with or disturb any such receptacle, or remove any such receptacle from any location where the same is placed by the owner thereof, except as follows:
(a) Contractors or builders removing solid waste or recyclables from their construction sites; or
(b) Any person holding a valid Town business license to engage in the nursery or gardening business or to any person removing shrubbery, grass, tree cuttings, tree trimmings or other agricultural debris from any property owned or occupied by such person; or
(c) Any person removing industrial wastes or industrial recyclables, as defined in Section 6.20.010; or
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(d) Any person removing large or oversized items of solid waste or recyclables from their premises; or
(e) Any person applying and obtaining a permit in writing from the Town for removing solid waste or recyclables; or
(f) Any person may recycle his or her own recyclables generated within his or her principle residence to the extent permitted by law.
6.20.0406.20.050 Insurance requiredRequired.
(a) The contractorContractor shall provide the Town Clerk with certificates from insurance companies, acceptable to the Town Manager, showing that the Town is named as an additional insured, that the insurance is primary and not contributing with any other insurance available to the Town, and that the liability coverage provides the following minimum limits: is in an amount acceptable to the City.
1. Bodily injury $10,000,000.00 each
person
$10,000,000.00 each occurrence;
2. Property damage $10,000,000.00 each
person
$10,000,000.00 each occurrence; or
3. Combined single $10,000,000.00 aggregate bodily limit injury and property damage.
(b) Such insurance shall be in full force and effect during the terms of the contract.
(c) The Town reserves the right to increase the amounts of insurance consistent with the terms and conditions of contract, and the contractorContractor shall immediately comply with said increase.
6.20.0456.20.060 Surety bond requiredBond Required.
The contractorContractor who contracts with the Town for the removal and disposal of garbage, rubbish and swillSolid Waste shall be required to furnish a surety bond to the Town in the sum of $25,000.00an amount acceptable to the City, conditioned upon the faithful performance of the contract and the provisions of this Chapter, to collect all garbage, rubbish and swillSolid Waste, Recyclables, and Organic Waste in the Town and transport the same through the streets and public ways of the Town to such destination as provided in this Chapter. The Town reserves the right to increase the amounts of the surety bond requirement consistent with the terms and conditions of contract, and the Contractor shall immediately comply with said increase.
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6.20.0506.20.070 Contractor to indemnify and hold harmlessIndemnify and Hold Harmless the Town.
The contractorContractor shall indemnify and hold harmless the Town, its officers, agents and, employees for, and volunteers for, from, and against any and all claims, losses, liabilities, demands, actions, or suits of every kind or nature arising or resulting from the contract, excepting Town take-over and operation of contractor's equipment, or any operation of the contractorContractor hereunder or in exercising any license or privilege granted to him or her by the contract or by an ordinance of the Town. Contractor shall upon demand of the Town, at his or her sole cost and expense and with attorneys selected by the Town, provide a defense for the Town and its officers, agents, and employees against any and all claims, actions, or suits brought against the Town or its officers, agents, and employees arising or resulting from or in any connection with the operations of contractorContractor pursuant to the contract. Contractor’s obligation to indemnify the Town shall not extend to claims, losses, liabilities, demands, actions, or suits resulting from a Town take-over and operation of Contractor's equipment.
6.20.0556.20.080 Worker's compensation insuranceCompensation Insurance.
The contractorContractor and his or her subcontractors, if any, shall obtain and maintain in full force and effect throughout the entire term of the contract, full worker's compensation insurance in accordance with the provisions and requirements of the Labor Code of the State of California and any other applicable law. Certificates of such insurance, subject to approval by the Town Attorney, shall be filed with the Town Clerk.
Said certificate shall provide that the Town shall be given 30 days written notice by certified or registered mail prior to cancellation.
6.20.060 Persons authorized to process solid waste and recyclables.
The Town and its duly authorized agents, servants and employees, or any contractors with whom the Town may at any time enter into a contract or franchise therefore, and the agents, servants and employees of such contractors, while any such contract shall be in force, shall have the exclusive right to provide solid waste and recyclables processing services from all premises in the Town; and no person other than those above specified shall provide solid waste and recyclables processing services, convey or transport any solid waste or recyclables in, along or over any public street, alley or highway in the Town, or take any solid waste or recyclables from any receptacle in which the same may be placed for collection or removal, or interfere with or disturb any such receptacle, or remove any such receptacle from any location where the same is placed by the owner thereof, except as follows:
(a) Contractors or builders removing solid waste and recyclables from their construction sites;
(b) Any person holding a valid Town business license to engage in the nursery or gardening business or to any person removing shrubbery, grass, tree cuttings, tree trimmings or other agricultural debris from any property owned or occupied by such person, for the purpose of composting;
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(c) Any person removing industrial waste or industrial recyclables as defined in Section 6.20.010 or any person removing large or oversized items of solid waste or recyclables from their premises; or
(d) Any person applying and obtaining a permit in writing from the Town for removing solid waste or recyclables; or
(e) Any person may recycle his or her own recyclables generated within his or her principal residence to the extent permitted by law.
6.20.065 Owner may contract for excess collection.
Any owner or occupant of any premises may contract with the contractor for special services for handling solid waste and recyclables in excess of regular services.
6.20.0706.20.090 Collection scheduleHours.
All Solid Waste, Recyclables, and Organic Waste collection shall be made as quietly as possible. The Town Council may fix and determine the hours of collection by resolution.
6.20.100 Collection Schedule.
All solid waste and recyclables shall be collected and removedContractor shall collect and remove all Solid Waste, Recyclables, and Organic Materials at least weekly.
All solidsuch waste accumulated in hotels, restaurants, and markets within the Town shall be collected and removed at least twice weekly.
(a) The Town Manager or his or her designee may require a greater frequency of collections per week or larger Containers, including capacity bin(s), dumpster(s) or cart(s) upon finding that an unhealthy, unsightly, or public nuisance condition is created due to the minimum collection frequency.
6.20.075 Collection hours.
All solid waste and recyclables collection shall be made as quietly as possible. The Town Council may fix and determine the hours of collection by resolution.
6.20.085 Fees to be based on types of occupancies; types of occupancies defined.
The fees to be paid for solid waste handling services and recycling services shall be placed on the type of occupancy and use of the place or premises in the Town. The different occupancies and uses are defined as follows:
(a) "Commercial use" is premises upon which is located at any type of business requiring a business license under the provisions of this Code or other ordinances of the Town and multi-family dwelling units. (b) "Residential use" is premises upon which is located only one dwelling unit.
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6.20.090 Collection fees.
(a) The property owner or owners of record of any place or premises within the Town, where any solid waste or recyclables accumulate shall pay, or cause to be paid, to the Town a fee in such amounts and in such manner as shall be established or required by the Town Council for the service of having such solid waste or recyclables collected and removed from the place or premises. Any account set up and maintained for the collection of solid waste and recyclables collection fees contemplated by this Chapter shall be in the name of the property owner or owners of record only, and the property owner or owners of record shall be solely responsible for payment of the fees established.
(b) Nothing in this Section is intended to prevent an arrangement, or the continuance of an existing arrangement, under which payments of solid waste and recyclables collection fees are made by a tenant or tenants or any agent on behalf of the owner. However, any such arrangement will not affect the property owner of record's obligation to the contractor or the Town for the refuse collection fees. (c) All solid waste and recyclables collection fees shall be billed and collected in accordance with rules and regulations adopted by the Town Council.
6.20.095 Solid waste and recyclables collection fee a debt.
The solid waste and recyclables collection fee shall be a civil debt owing the Town from the owner or owners of record of any place or premises within the Town where any solid waste and recyclables accumulate. If an invoice for solid waste and recyclables collection service is unpaid 60 days after mailing, a penalty of 10% shall be charged and an additional 1½% per month shall be charged until the charges and penalties are paid in full. If court action is taken to enforce non-payment of charges, the property owner or owners of record shall pay all reasonable attorney fees incurred by the Town.
6.20.100 Collection procedure for delinquent accounts—Creation of lien.
Any fees authorized pursuant to Section 6.20.090 which remain unpaid after the delinquent date as set forth in Section 6.20.095 may be collected thereafter by the Town as provided in this Section.
(a) The Town Council shall cause a report of delinquent solid waste handling and recycling fees to be prepared periodically. The Council shall fix a time, date and place for hearing the report and any objections or protests thereto. (b) The Town Council shall cause notice of hearing to be mailed to the property owner or owners listed on the report not less than 15 days prior to the date of hearing.
(c) At the hearing, the Town Council shall hear any objections or protests of the property owner or owners liable to be assessed for delinquent fees. The Town Council may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed. (d) The delinquent fees set forth in the report as confirmed shall constitute special assessments against the respective parcels of land, and are a lien on the
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property for the amount of such delinquent fees plus administrative costs. A certified copy of the confirmed report shall be filed with the Town for the amount of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The lien created attaches, upon recordation in the Office of the County Recorder, a certified copy of the Resolution of Confirmation. The assessment may be collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of Town ad valorem property taxes shall be applicable to such assessment.
6.20.105 Disposal, recycling and processing; locations and conditions.
All solid waste and recyclables collected in the Town for disposal, recycling or processing shall be delivered by the contractor to such locations and under such conditions as the Town Council may designate.
6.20.110 Disposal, recycling and processing; to be on same day as collection.
Solid waste shall be delivered to the place provided for the disposal thereof, as provided for in this Chapter, on the same day that such solid waste is collected.
6.20.1156.20.110 Vehicle requirementsRequirements.
All solid wasteSolid Waste, Recyclables, and Organic Materials shall be transported by Contractor in metal lined containersContainers that are leak proof and so constructed as to prevent solidsuch waste from falling, leaking, spilling or escaping, or any odor therefrom. The solid waste, from the time that the last pickup of the solid waste is placed upon the truck and to the point of disposal,from escaping. All Solid Waste, Recyclables, and Organic Materials shall be covered by a tarpaulin or other suitable covering from the time of last pickup and to the point of disposal. Every truck so used for the hauling of solid wasteSolid Waste, Recyclables, and Organic Materials shall be washed at least once a week and, steam-cleaned once a month, and kept in a wellpainted condition. All solid wasteSolid Waste, Recyclables, and Organic Materials shall be removed, conveyed, and disposed of in such a manner as not to be a nuisance, menace, or danger to the public peace, health, and safety, and shall be in accordance with any additional rules or obligations as providedset by resolution of the Town Council.
6.20.120 Container for solid wasteContractor to Provide Containers for Solid Waste.
The TownContractor shall provide aall Residential and Commercial Generators one or more watertight containerContainers for holding solid waste and recyclablesSolid Waste, Organics, and Recyclables. Such Containers shall be standard Containers as defined in Section 6.20.010 and in accordance with the provisions set forth in 14 CCR, Division 7, Chapter 12, Article 3. It shall be the responsibility of the residentResidential or Commercial customer to maintain containers provided by the Townsaid Containers in a safe, clean, and sanitary condition. Containers shall have a close-fitting cover to prevent insects, including flies, rodents and other animals, from coming into contact with contents.
Ordinance No. 551
No containerContainers shall have no irregular surfaces or be in a condition which is likely to cause injury to persons moving or lifting them. Such receptacles shall be standard containers as defined in Section 6.20.010. Handling of solid waste and recyclable containers whereAll Containers whose weight limits are exceeded shall be made in accordance with special rules and regulations providedmay be subject to additional handling fees as approved by resolution of the Town Council. It shall be the duty of every person served to keep the receptacles used in the service of such person in a clean and sanitary condition.
6.20.125 Uses for containers provided.
The Town shall provide two or more containers for the expressed and respective purpose of recycling and disposal of solid waste. The container for recyclables shall be identified by color. Recyclables shall be placed in a commingled fashion and may include, but not limited to, all rigid plastic containers, glass jars, all paper, newsprint and glossy paper, cardboard, tin cans and aluminum. All solid waste shall be placed in a separate container designated by color for disposal.
6.20.130 Uses for containers provided, condemnationInformation to be Furnished to Finance Department by Contractor Each Month.
The Contractor shall furnish, on or before the 15th day of each calendar month, to the Finance Department or to other officials of the Town, the names and addresses of all persons who shall be liable for the payment of fees under this Chapter. In addition, all Commercial accounts will include size and number of Containers and the scheduled number of pickups per week.
If the provisions of Sections 6.20.120 and 6.20.125 are not fully complied with, the collector shall place a red tag on the container. No collection shall be made therefrom until such container is fully cleaned, sanitized or otherwise repaired.
6.20.131 Reserved.
Editor's note(s)—Ord. 128, adopted Nov. 9, 1993, deleted § 6.20.131, which derived from Ord. 123.
6.20.1356.20.140 Container; removalRemoval and storageStorage. (a) Pursuant to California Code of Regulations, Title 14 CCR, Division 7, Chapter 3, Article 5, Section 17331(H), all refuseSolid Waste, Recyclables, and Organic Materials created, produced, or accumulated in or about a residentialResidential unit in the Town shall be removed from the premisesPremises at least once each week. It is unlawful and a misdemeanor for the occupant of any of the abovedescribed premises to fail or neglect(1) Failure to provide for the removal of solidsuch waste at least as often as prescribed in this Section. is prohibited.
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(2) Each day's violation of this Sectionday beyond the time specified in this Section that a Generator permits Solid Waste, Recyclables, and Organic Materials to remain on the Premises in a manner not authorized by this chapter shall be treated and considered as a separate and distinct offense. (b) Pursuant to 14 CCR, Division 7, Chapter 3, Article 5, Section 17331(H), storage of or accumulating any Solid Waste in any Container or at any location other than as set forth in this Chapter is prohibited.
6.20.150 Hazardous Waste Prohibited; Unauthorized Disposal of Waste Prohibited. (a) Depositing Hazardous Waste or household Hazardous Waste in any Container to be collected for disposal by the Town’s Contractor is prohibited.
(b) It is unlawful and a misdemeanor for any person to burn, bury, or dump solid wasteSolid Waste, Recyclables, and Organic Materials within the Town at any time unless a special permit for such burning, burial, or dumping has been issued pursuant to authority conferred by the Town Council and/or the agency providing fire protection services within the Town. (c) Pursuant to California Code of Regulations, Title 14, Division 7, Chapter 3, Article 5, Section 17331(H), it is unlawful and a misdemeanor for any person to store or accumulate any refuse in any container or at any location other than as hereinabove set forth, or for any length of time other than as follows:
(1) Solid waste shall not be stored or accumulated for a period of time in excess of one week (seven days).
6.20.140 Uses for container provided; hazardous waste not allowed.
It is unlawful for any person to deposit hazardous waste or household hazardous waste, as defined by the State, in any container to be collected for disposal by the Town's solid waste handler. The Town's solid waste handler shall not provide solid waste handling for any hazardous waste or household hazardous waste.
6.20.145 Reserved.
Editor's note(s)—Ord. 245, adopted Oct. 9, 2001, repealed § 6.20.145, which pertained to solid waste; placement for collection.
6.20.1506.20.160 Container; mannerManner of placementPlacement.
Each solid waste containerSolid Waste, Recyclables, and Organic Materials Container shall be kept or placed in the following manner: It shall be kept on the premises of the person receiving the contained.
(a) It shall be kept on the Premises of the person receiving the Container.
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(b) It shall be placed for collection as follows: On the curb (or aton the street), curbside, in front of the premisesPremises occupied by the person placing the same or on the curb (or at the street) at the side of the premises where the premises are adjacent to more than one street. on street, curbside, or according to other arrangements made with Contractor.
(c) Each containerContainer containing solid wasteSolid Waste, Organics, and/or Recyclable Materials shall be so placed for each respective collection period not later than the hour upon which the collection is scheduled to so commence in the district in which the premises are located for this period, and shall not be placed earlier than 12 hoursno sooner than sunset prior to the time that thescheduled collection isday and removed from the street after collection on scheduled to so commence and shall not remain when placed at the curb for more than 12 hours after the time of collection day.
6.20.170 Removal of Material By Persons Not Authorized.
No person other than the Contractor shall provide Solid Waste, Recyclables, and/or Organic Materials handling services, nor convey or transport Solid Waste, Recyclables, and/or Organic Materials in, along, or over any public street, alley, or highway in the Town, nor take any Solid Waste, Recyclables, and/or Organic Materials from any Container in which the same may be placed for collection or removal, or interfere with or disturb any such Container, or remove any such Container from any location where the same is placed by the owner thereof, except as follows:
(a) Builders or contractors removing Solid Waste or Recyclables from their construction sites in accordance with Chapter 8.19 of this Code; or (b) Any person holding a valid Town business license to engage in the nursery or gardening business removing shrubbery, grass, tree cuttings, tree trimmings, or other agricultural debris, or any person removing the same from any property owned or occupied by such person; or
(c) Any person removing large or oversized items of Solid Waste, Recyclables, and/or Organic Materials from their Premises; or
(d) Any person applying or obtaining a permit in writing from the Town for the removal of Solid Waste, Recyclables, and/or Organic Materials; or (e) Any person Recycling their own Recyclables generated within their principle residence, to the extent permitted by law.
6.20.155 Inspection and supervision6.20.180 Annual review.
It shall be the duty of the Town Manager, or his or her designee, to inspect and supervise all trucks, carts or other vehicles used by the contractor in the collection and disposal of solid waste and see that the same are kept clean and sanitary. The Town
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Manager, or his or her designee, shall enforce the provisions of this Chapter, inspect any and all premises where solid waste is kept or accumulated for the purposed of determining sanitary conditions and investigate whether the provisions of this Chapter and all laws and ordinances of the Town and the State are in compliance.
The Town Council will annually review the Town's Solid Waste, Recyclables, and/or Organic Materials program and activities, including the performance of Recycling and Solid Waste Processing services, Contractors, franchisees, and Authorized Recycling Agents.
6.20.190 Requirements for Single-Family Waste Generators.
Single-Family Waste Generators shall comply with the following requirements:
(a) Shall subscribe to the Town’s three-Container collection services for all Solid Waste, Recyclables, and/or Organic Materials generated. The Town shall have the right to review the number and size of a Generator’s Containers to evaluate adequacy of capacity provided for each type of required collection service for proper Source Separation and containment of materials; and Single-Family Generators shall adjust service levels for their collection services as requested by the Town.
(b) Shall participate in the Town’s Solid Waste, Recyclables, and/or Organic Materials collection service(s) by placing Source Separated Organic Waste, as prescribed by the Town, in the Green Container, all Recyclable Materials in the Blue Container, and all remaining non-organic Solid Waste into the Black Container.
(c) Nothing in this Section shall prohibit a Generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
6.20.200 Requirements for Commercial Businesses.
(a) Shall subscribe to the Town’s four-Container collection services and comply with requirements of those services as described below in Subsection (b), except Commercial Businesses that meet the Self-Hauler requirements in Section 6.20.240 of this Chapter. The Town shall have the right to review the number and size of a Generator’s Containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper Source Separation of materials and containment of materials; and Commercial Businesses that shall adjust their service level for their collection services as requested by the Town. (b) Shall participate in the Town’s four-Container collection services by placing Source Separated Food Waste in Brown or Beige Container, all Source Separated green material, landscape and pruning waste in the Green
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Container, all Recyclable Materials in the Blue Container, and all remaining non-organic Solid Waste into the Black Container.
(c) Supply and allow access to an adequate number, size, and location of collection Containers for employees, contractors, tenants, and customers, consistent with Town’s franchise Solid Waste hauler collection service or, if Self-Hauling, in accordance with Section 6.20.240.
(d) Excluding Multi-Family Residential Dwellings, provide Containers for the collection of Source Separated Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal Containers are provided for customers, for materials generated by that business. Such Containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of Container, then the business does not have to provide that particular Container in all areas where disposal Containers are provided for customers. The Containers provided by the business shall have either:
(1) A body or lid that conforms with the Container colors as provided through the collection service provided by Town, with either lids or bodies, or lids and bodies, conforming to the color requirements. A Commercial Business is not required to replace functional containers, including Containers purchased prior to January 1, 2022, that do not comply with the requirements of this Subsection prior to the end of the useful life of those Containers, or January 1, 2036, whichever comes first.
(2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that Container, or Containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the Container. Pursuant to 14 CCR Section 18984.8, the Container labeling requirements are required on new Containers commencing January 1, 2022.
(e) Excluding Multi-Family Residential Dwellings, to the extent practical through education, training, Inspection, and/or other measures, prohibit employees from placing materials in a Container not designated for those materials. (f) Excluding Multi-Family Residential Dwellings, periodically inspect Containers for Contamination and inform employees if Containers are Contaminated and of the requirements to keep Contaminants out of said Containers.
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(g) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated materials.
(h) Provide educational information to new tenants that describes requirements to Source Separate materials, as well as the location of Containers and the rules governing their use at each property prior to or within fourteen (14) days of occupancy.
(i) Provide or arrange access for Town or its agent to their properties during all Inspections conducted in accordance with Section 6.20.310 of this Chapter to confirm compliance with the requirements of this Chapter. (j) If a Commercial Business wants to Self-Haul, then it shall meet the requirements as set forth in Section 6.20.240 of this Chapter. (k) Nothing in this Section prohibits a Generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.8(c).
(l) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall also comply with Food Recovery requirements, pursuant to Section 6.20.220 of this Chapter.
6.20.210 Waivers for Commercial Generators.
(a) De Minimis (Low Volume) Waivers. The Town may waive a Commercial Business’ obligation (including that of a Multi-Family Residential Dwelling) to comply with some or all of the Organic Waste and Recyclables requirements of this Chapter if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste or Recyclable material as described in Subsection (a)(2) below. A Commercial Business requesting a de minimis waiver shall:
(1) Submit an application specifying the services from which they are requesting a waiver, and provide documentation as noted in Subsection (a)(2) below.
(2) Provide documentation that either:
(i) The Commercial Business’s total Solid Waste collection service is two (2) cubic yards or more per week and Organic Waste and/or Recyclables subject to collection in a Source Separated materials designated Container comprises less than twenty (20) gallons per week, per applicable Container of the business’s total waste; or,
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(ii) The Commercial Business’s total Solid Waste collection service is less than two (2) cubic yards per week and Organic Waste and/or Recyclables subject to collection in a Source Separated materials designated Container comprises less than ten (10) gallons per week, per applicable Container of the business’s total waste.
(3) Notify the Town if circumstances change such that the Commercial Business’s Organic Waste and/or Recyclables exceeds the threshold required for waiver, in which case the waiver shall be rescinded.
(4) De minimis waivers shall be valid for a period of five (5) years, and are subject to verification by the Town.
(b) Physical Space Waivers. The Town may waive a Commercial Business’s or property owner’s obligations (including those of a Multi-Family Residential Dwelling) to comply with some or all of the Recyclable Materials and/or Organic Waste collection service requirements if the Town has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the Premises lacks adequate space for the collection Containers required for compliance with the Organic Waste or Recyclables collection requirements of this Chapter. A Commercial Business or property owner may request a physical space waiver through the following process:
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver. (2) Provide documentation demonstrating that the Premises lacks adequate space for the Containers necessary for compliance with the provisions of this Chapter, including documentation from its franchise Solid Waste hauler, licensed architect, or licensed engineer.
(3) Physical space waivers shall be valid for a period of five (5) years and are subject to verification by the Town.
(c) Review and approval of waivers shall be completed by the Town Manager or his or her designee. Waivers may be reviewed, approved, verified, or rescinded by the Town at any time at its sole discretion.
6.20.220 Requirements for Commercial Edible Food Generators. (a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024.
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(b) Commencing January 1, 2024, Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section.
(c) All Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
(2) Contract with or enter into a written agreement with Food Recovery Organizations and/or Food Recovery Services for:
(i) The collection of Edible Food for Food Recovery; and/or (ii) Acceptance of the Edible Food that the Commercial Edible Food Generator Self-Haulers to the Food Recovery
Organization for Food Recovery.
(3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
(4) Allow Town’s designated enforcement personnel to access the Premises and review records pursuant to 14 CCR Section 18991.4. (5) Keep records that include the following information:
(i) A list of each Food Recovery Service or Food Recovery Organization that collects or receives its Edible Food pursuant to a contract or written agreement.
(ii) A copy of all contracts or written agreements.
(iii) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
1. The name, address, and contact information of the
Food Recovery Service or Food Recovery
Organization.
2. The types of Edible Food that will be collected by or Self-Hauled to the Food Recovery Service or Food
Recovery Organization.
3. The established frequency that Edible Food will be
collected or Self-Hauled.
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4. The quantity of Edible Food, measured in pounds
recovered per month, collected by or Self-Hauled to a
Food Recovery Service or Food Recovery
Organization for Food Recovery.
(d) Nothing in this Section shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 (Chapter 285, Statutes of 2017), relating to food safety, as amended from time to time.
6.20.230 Requirements for Haulers and Facility Operators. (a) The Town’s Contractor providing Residential, Commercial, and/or industrial waste collection services to Generators within the Town’s boundaries shall meet the following requirements as standards as a condition of approval of any contract, agreement, or other authorization with the Town to collect Solid Waste, Recyclables, and/or Organic Materials:
(1) Through written notice to the Town annually on or before June 30, identify the facilities to which they will transport waste, including facilities for Source Separated Recyclable Materials, Source Separated Organic Waste, and mixed waste.
(2) Obtain approval from the Town to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, Section 6.20.240 of this Municipal Code, and Chapters 8.15 and 8.19 of this Municipal Code. (3) Comply with education, equipment, signage, Container labeling, Container color, Contamination monitoring, reporting, and other requirements contained within its Solid Waste franchise agreement, permit, license, or other agreement entered into with the Town. (b) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the Town’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes.
Entities contacted by the Town shall respond within sixty (60) days. (c) Community Composting operators, upon the Town’s request, shall provide information to the Town to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the Town shall respond within sixty (60) days.
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6.20.240 Self-Hauler Requirements.
(a) Town-approved Self-Haulers shall Source Separate all materials that are generated on-site in a manner consistent with 14 CCR Sections 18984.1 and 18984.2 if the Town would otherwise require Generators to Source Separate such materials for collection in the Town’s Solid Waste, Recyclables, and Organic Materials collection program, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
(b) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3. (c) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the Town. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste.
(2) The amount of material in cubic yards or tons transported by the Generator to each entity.
(3) If the material is transported to an entity that does not have an onsite scale, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.
(d) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall provide information collected in Subsection (c) to the Town no later than the 15th of each month for the previous month’s activity.
(e) An application to Self-Haul must be approved by the Town Enforcement Official or his or her designee prior to commencing Self-Haul activities.
6.20.1606.20.250 Placement of trash bins; screenedTrash Bins/Dumpsters; Screened.
Ordinance No. 551
A.(a) All trash bins and enclosuresdumpsters shall be located out of easement areas, public rights-of-waypublic-rights-of-way, and the clear sight triangle.
B.(b) Trash bins andDumpsters and their enclosures shall not be located in a manner that requires the waste handiera hauler to park perpendicular to the roadway while emptying the binsthem.
C.(c) All trash bin anddumpster enclosure locations must be approved and built to Town standards.
D.(d) Every person utilizing bindumpster service shall sign a liability waiver form.
E.(e) Paved access to dumpsters or their enclosures shall not be required.
However, when the bina dumpster cannot be serviced because of inadequate access, the bindumpster may be replaced with cartsContainers, or paving may be required.
F.(f) Failure to comply with the provisions of this chapterChapter shall result in the removal of the bin and placement of carts at a minimum ratio of one green trash cart and one blue commingled recycle cart per residential unitdumpster.
G.(g) In the event that a property has adequate space and access, a bindumpster may be left unenclosed and placed behind the structure where it is not visible from the frontage street.
H.(h) Commercial/ and industrial use.
(1.) Existing commercial or industrial useCommercial or industrial-use property shall be evaluated with each tenant improvement application to determine if an intensification of use is to occur. Upon the determination of an intensified and/or expanded use, then a masonry block enclosure will be required to be installed to the Town standards prior to the issuance of a Certificate of Occupancy. (2.) inIn the event there is inadequate land area behind the structure or paved access does not exist for the placement of binsdumpsters and/or enclosures behind the setbacks, approval may be applied for to place a bindumpster enclosure within the required setback.
I. Multiple family residential use(i) Multi-Family Residential Use. (1.) All existing multiple family residentialMulti-Family Residential property shall be required to enclose bins per Town standards.
2. Gates shall not be required on enclosures that are constructed perpendicular to the roadway.
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3.(2) In the event there is inadequate land area behind the structure, or paved access does not exist for the placement of bins
and/ordumpsters or the construction of enclosures behind the setbacks, approval may be applied for to place a binan enclosure within the setback.
4.(3) As an alternative to propertyproperly constructed and located bin enclosures, multiple family residential property may use cartsMultiFamily Residential properties may use Containers provided by the waste hauler at a minimum ratio of one green trash cartBlack Solid Waste Container and one blue commingled recycle cart per residentialRecyclable Materials Container per Residential unit. The Town Manager or his or her designee may, upon petition by the property owner, consider alternative numbers of the blue recycling cartsRecyclable Materials Containers.
5.(4) For multiple family residentialMulti-Family Residential developments, annual inspectionsInspections of compliance will occur at the time of the property maintenance inspection conducted by the Town.
J. Single family residential use(j) Single-Family Residential Use. (1.) Single family residentialSingle-Family Residential use properties utilizing bin/dumpster service shall be required to maintain the bin in compliance with this Code. The bin shall not be storednot store the bin/dumpster on the frontage street or directly in front of the residence, except as otherwise allowed by paragraph c. below: this Section.
a.(2) Single family residentialSingle-Family Residential properties less than two and one-halfone half (2.5) acres shall be required to locatelocated the bin/dumpster in accordance with one of the following:
(1i) The bin may be located behind the residence. ; or
(2ii) The bin may be located against the residence wall or a garage wall; or
(3iii) The bin may be located so that it abuts the front setback. b.(3) Single family residentialSingle-Family Residential properties two and one-half (2.5) acres or more may place the bin/dumpster, with an enclosure, in front of the residence and in compliance with thisthe Town of Apple Valley Development Code, Section 9.28.150. c.(4) For purpose of this Section, a legal nonconforming use is one which lawfully existed prior to the effective date of this sub-paragraph
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cSubsection. The continuance of the legal nonconforming use will be allowed for any single family residenceSingle-Family Residence with an existing enclosure constructed prior to February 26, 1998. If a legal nonconforming use is discontinued for thirty (30) consecutive days or longer, it shall lose its legal nonconforming status hereunder.
2.(5) Single family residentialSingle-Family Residential use properties that locate the bin behind the structure shall move the bin to the front of the property on collection day and replace it behind the structure after it is emptied.
3.(6) Nothing in this Section shall be construed to relieve bin/dumpster service customers from required recycling using the blue recycling barrelsOrganics diversion or Recycling in accordance with Section
6.20.015(c) of this Chapter.
K.(k) Minimum clearance. All trash bins/dumpsters are required to be located a minimum of five ft.feet (5’) from all combustible construction.
L.(l) New construction. Nothing in this Chapter shall nullify or supersede an ordinance or standard for enclosures for bin/dumpster placement for new construction. The placement of trash containersdumpsters and enclosure standards herein shall apply to existing commercialCommercial, industrial, multiple residential, and single family residential propertiesMulti-Family Residential, and Single-Family Residential Premises.
6.20.260 Fees to be Based on Types of Occupancies; Types of Occupancies Defined.
(a) “Commercial Use” means Premises upon which is located any type of business requiring a business license under the provisions of this Code or other ordinances of the Town, as well as Multi-Family Residential dwelling units.
(b) “Single-Family Residential Use” means Premises upon which is located four (4) or fewer Residential dwelling units.
6.20.270 Collection Fees.
(a) The property owner or owners of record of any place or Premises within the Town where any Solid Waste or Recyclable Materials accumulate shall pay, or cause to be paid, to the Town a fee in such amounts and in such manner as shall be established or required by the Town Council for the service of having such Solid Waste or Recyclable Materials collected and removed from the place or Premises. Any account set up and maintained for the collection of Solid Waste and Recyclable Materials collection fees contemplated by this Chapter shall be in the name of the property owner or
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owners of record only, and the property owner or owners of record shall be solely responsible for payment of the fees established.
M. Authority and enforcement. The provisions of this Chapter shall be enforced by the Town Manager or designee.
N. Removal frequency. The Town Manager or his or her designee may require a greater number of collections per week or larger capacity bin(s) or cart(s) upon finding that an unhealthy, unsightly, or public nuisance condition is created by adhering to the minimum collection frequency.
O. Violations and penalties. Any person who violates any provision or fails to comply with any of the requirements of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with the provisions of Section 1.01.200 through Section 1.01.230 of Chapter 1.01 of Title 1 of this Code.
6.20.165 Information to be furnished to Finance Department by contractor each month.
(a) It shall be the duty of the Town's solid waste handling services contractor to furnish, on or before the fifteenth (15th) day of each calendar month, to the Finance Department or to other officials of the Town, the names and addresses of all persons who shall be liable for the payment of fees under this Chapter. In addition, all commercial accounts will include size and number of containers and the scheduled number of pickups per week.
(b) It shall be the duty of the Town's authorized recycling agent contractor to furnish, on or before the fifteenth (15th) days of each calendar month, to the Finance Department or to other proper officials of the Town, the names and addresses of all persons who shall be liable for the payment ofNothing in this Section is intended to prevent an arrangement, or the continuance of an existing arrangement, under which payments of Solid Waste and Recyclable Materials collection fees are made by a tenant or tenants or any agent on behalf of the owner. However, any such arrangement will not affect the property owner of record’s obligation to the Contractor or the Town for the Solid Waste collection fees under this Chapter.
In addition, all commercial accounts will include type and quantity of materials diverted for each previous month. Type and quantity of materials diverted from all other accounts for each previous month also shall be reported. (c) All Solid Waste, Recyclables, and Organics collection fees shall be billed and collected in accordance with rules and regulations adopted by the Town Council.
6.20.280 Solid Waste, Recyclables, and Organic Materials Collection Fee a Debt.
The Solid Waste, Recyclables, and Organic Materials collection fee shall be a civil debt owing the Town from the owner or owners of record of any place or Premises within the Town where any Solid Waste and/or Recyclables accumulate. If an invoice for Solid
Ordinance No. 551
Waste, Recyclables, and/or Organic Materials collection service is unpaid sixty (60) days after mailing, a penalty of ten percent (10%) shall be charged and an additional one and one half percent (1.5%) per month shall be charged until the charges and penalties are paid in full. If court action is taken to enforce non-payment of charges, the property owner or owners of record shall pay all reasonable attorney fees incurred by the Town.
6.20.290 Collection Procedure for Delinquent Accounts—Creation of Lien.
Any fees authorized pursuant to Section 6.20.270 which remain unpaid after the delinquent date as set forth in Section 6.20.280 may be collected thereafter by the Town as provided in this Section.
(a) The Town Council shall cause a report of delinquent Solid Waste, Recyclables, and Organic Materials handling fees to be prepared periodically. The Council shall fix a time, date, and place for hearing the report and any objections or protests thereto.
(b) The Town Council shall cause notice of hearing to be mailed to the property owner or owners listed on the report not less than fifteen (15) days prior to the date of hearing.
(c) At the hearing, the Town Council shall hear any objections or protests of the property owner or owners liable to be assessed for delinquent fees. The Town Council may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed. (d) The delinquent fees set forth in the report as confirmed shall constitute special assessments against the respective parcels of land, and are a lien on the property for the amount of such delinquent fees plus administrative costs. A certified copy of the confirmed report shall be filed with the Town for the amount of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The lien created attaches, upon recordation in the Office of the County Recorder, a certified copy of the Resolution of Confirmation. The assessment may be collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection, and enforcement of Town ad valorem property taxes shall be applicable to such assessment.
6.20.1706.20.300 Special permits in hardship casesHardship Scenarios.
Where practical difficulties make it impossible or extremely difficult to carry out the strict letter of this Chapter with respect to any particular premisesPremises, the Town Manager or his or her designee may issue special written permits authorizingauthorizations that allow variations from the provisionprovisions of this Chapter and subject to satisfying the requirements below so that the spirit of this Chapter shall be observed, public health and safety secured, and substantial justice done.
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(a) Financial Hardship. Any owner or occupant of a single family residenceSingle-Family Residence may be eligible for a reduction in fees associated with the solid wasteSolid Waste collection and disposal program upon satisfying the following criteria:
(1) Complete and submit a Town of Apple Valley Financial Hardship Application along with a copy of the most recent Southwest Gas or Southern California Edison bill showing eligibility for a current financial hardship status.
(2) The approved applicant will be eligible to receive solid wasteSolid Waste collection at the reduced bi-monthly hardship rate for a period of one year. The application will automatically expire after one year.
It will be the responsibility of the applicant to submit a Town of Apple Valley Financial Hardship Application annually to avoid interruption of the reduced hardship rate.
(b) Physical hardship exemptionHardship Exemption. An applicant may be exempted from the provisions of the solid waste collection and disposal ordinancethis Chapter requiring placement of solid waste and recyclables barrelsSolid Waste, Recyclables, and Organics Containers at curbside or roadside upon a showing and/or certification by a physician of a physical condition which would not allow the applicant to carry or otherwise transport such barrelsContainers from the dwelling unit to the curb or roadside. In the event such exemption is granted, arrangements will be made by the trashSolid Waste collection contractorContractor to collect the solid waste and recyclablesSolid Waste and Recyclable Materials at the dwelling unit. (c) Other. An applicant may be exempted from collection and disposal fees where other special circumstances existexists under which the Town Manager finds that the criteria and purposes contained in this Chapter and Section are met.
6.20.175 Violations of Chapter declared a nuisance6.20.310 Inspection and Investigations by Town.
All violations of any portion of this Chapter are declared to be a nuisance and may be abated as such in the manner provided by law.
(a) The Town Enforcement Official or his or her designee(s) is/are authorized to conduct Inspections and investigations, at random or otherwise, of any collection Container, collection vehicle loads, or transfer, Processing, or disposal facility for materials collected from Generators, or Source Separated Materials to confirm compliance with this Chapter by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not
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allow Town to enter the interior of a private residential property for Inspection.
(b) All regulated entities shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the Town’s Enforcement Official or their designee(s) during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this Chapter and described herein. Failure to provide or arrange for access to an entity’s Premises or access to records for any inspection or investigation is a violation of this Chapter.
(c) Any records obtained by the Town during its Inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
(d) The Town Enforcement Official or his or her designee(s) is/are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws. (e) The Town shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including anonymous complaints. The City’s franchise Solid Waste haulers shall relay to City all written complaints they receive concerning act or omissions of themselves or another entity that is potentially non-compliant with SB 1383 Regulations, including anonymous complaints.
(f) It shall be the duty of the Town Manager, or his or her designee, to inspect and supervise all trucks, carts or other vehicles used by the contractor in the collection and disposal of solid waste and see that the same are kept clean and sanitary. The Town Manager, or his or her designee, shall enforce the provisions of this Chapter, inspect any and all premises where solid waste is kept or accumulated for the purposed of determining sanitary conditions and investigate whether the provisions of this Chapter and all laws and ordinances of the Town and the State are in compliance.
6.20.176 Annual review6.20.320 Enforcement.
The Town Council will annually review the Town's recycling program and activities, including performance of recycling and solid waste processing services including contractors, franchises and authorized recycling agents.
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(a) Violation of any provision of this Chapter shall constitute grounds for issuance of a Notice of Violation and the Town Enforcement Official may enforce the provisions of this Chapter in accordance with Chapters 1.01 and
1.08 of this Municipal Code, except as otherwise prescribed in this Chapter. (b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The Town may pursue civil actions in Superior Court to seek recovery of costs and unpaid administrative citations. Town may also choose to defer such action until a sufficiently large number of violations, or cumulative size of violations exists, justifying a reasonable use of Town staff and resources. (c) Enforcement pursuant to this Section may be undertaken by the Town Enforcement Official, legal counsel, or combination thereof. (d) The Town Enforcement Official may monitor compliance with this Chapter randomly and via compliance reviews, route reviews, investigation of complaints, and an Inspection program.
(e) The Town Enforcement Official may provide notice of Container Contamination via a cart tag or other written communication immediately upon identification of Prohibited Container Contaminants or as soon as is practical. If the Town Enforcement Official observes Prohibited Container Contaminants in a Generator’s Containers on more than three (3) consecutive occasions, the Town Enforcement Official may proceed with enforcement action pursuant to this Section.
(f) With the exception of violations addressed under Subsection (e), the Town Enforcement Official shall issue a Notice of Violation requiring compliance within thirty (30) days of issuance of the notice.
(g) All notices shall be sent in accordance with Chapters 1.01 and 1.08 of this Municipal Code or to the party responsible for paying for the Solid Waste collection services.
(h) The Town Enforcement Official may extend compliance deadlines as set forth in a Notice of Violation issued in accordance with this Section if it finds that there are extenuating circumstances beyond the control of the violator that make compliance within the timeframe impracticable, including but not limited to the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals; or
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(3) Deficiencies in Organic Waste Recycling infrastructure or Edible Food Recovery capacity and the Town is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(i) Beginning on the effective date of this Chapter and through December 31, 2023, the Town Enforcement Official shall provide educational materials to regulated entities describing their obligations under this Chapter and a notice that compliance is required by January 1, 2022 and that violations may be subject to administrative civil penalties starting on January 1, 2024.
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Chapter 8.19 REQUIREMENT TO RECYCLE CONSTRUCTION AND DEMOLITION DEBRIS
FOR CERTAIN CONSTRUCTION, DEMOLITION, AND RENOVATION PROJECTS WITHIN
THE TOWN OF APPLE VALLEY
8.19.000 Findings.
(a.) The Town finds that the State of California, through its California Waste Management Act of 1989, Assembly Bill 939 (AB 939), required that each local jurisdiction in the State divert 50% of discarded materials (base year 1990, State methodology) from landfill by December 31, 2000, and thereafter maintain or exceed that diversion rate.
(b.) The Town finds that every city and county in California, including the Town, could face fines up to $10,000.00 aper day for not meeting the above mandatedabove-mandated goal.
(c.) The Town finds that construction and demolition (C&D) debris constitute a significant portion of the waste stream in the Town. These materials have significant potential for waste reduction and recycling. (d.) The Town finds that reusing and recycling C&D debris is essential to further the Town'sTown’s efforts to reduce waste and comply with AB 939 and Measure D goals.
e. The Town finds that C&D debris waste reduction and recycling have been proven to reduce the amount of such material that is landfilled, increase site and worker safety, and be cost effective.
f.(e) The Town finds that, except in unusual circumstances, it is feasible to divert an average of at least 50% of all C&D debris the 2019 California Green Building Standards Code requires a minimum 65% diversion rate of discarded materials resulting from construction, demolition, and renovation projects.
8.19.010 Definitions.
The following words, terms, and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
(a.) Applicant means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the Town for the applicable permits to undertake any construction, demolition, or renovation project within the Town.
(b.) Construction means the building of any facility or structure, or any portion thereof, including any tenant or other substantial improvements to an existing facility or structure.
(c.) Construction and demolition debrisDemolition Debris or C&D means used or discarded materials removed from premises during construction, demolition, or renovation of a structure resulting from construction, remodeling, repair, or demolition operations on any pavement, house, commercial building, or other structure.
(d.) Conversion rateRate means the rate set forth in the standardized conversion rate table approved by the Town pursuant to this Chapter for use in estimating the volume or weight of materials identified in a Waste Management Plan.
(e.) Covered projectProject shall have the meaning set forth in Section
8.19.020(a) of this Chapter.
(f.) Demolition means the decimating, razing, ruining, tearing down, or wrecking of any facility, structure, pavement, or building, whether in whole or in part, whether interior or exterior.
g. Deposit means an amount to be determined by the WMP Compliance Official and submitted with the WMP at the time of permit application. This deposit is fully refundable, with applicable interest, upon proof that applicant recycled a minimum of 50% of the debris generated by the project.
h.(g) Divert means to use material for any purpose other than disposal in a landfill or transformation facility.
i.(h) Diversion requirementRequirement means the diversion of at least 5065% of the total construction and demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an infeasibility exemption pursuant to Section 8.19.070 of this chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established by the WMP Compliance Official for the project. . j. In-fill housing means the construction of from one to three structures, whether residential, commercial, office or industrial, on a property or on adjoining or contiguous properties.
k. Noncovered project shall have the meaning set forth in Section 8.19.020(b) of this Chapter.
l.(i) Project means any activity involving construction, demolition, or renovation, and which requires issuance of a permit from the Town.
m.(j) Recycling means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and
returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.
n.(k) Renovation means any change, addition, or modification in an existing structure.
o.(l) Reuse means further or repeated use of construction or demolition debris. p.(m) Salvage means the controlled removal of construction or demolition debris from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.
q. Tract housing means construction of four or more structures, whether residential, commercial, office or industrial, on a property or on adjoining or contiguous properties. r.(n) Waste Management Plan or WMP means a completed WMPWaste Management Plan form, approved by the Town for the purpose of compliance with this Chapter, submitted by the applicant for any covered or noncovered project.
s.(o) WMP Compliance Official means the designated staff person(s) authorized and responsible for implementing this Chapter.
8.19.020 Threshold for covered projectsCovered Projects. (a.) Covered projects. All construction, demolition, and renovation projects within the Town that are 1,000 sq. ft. or greater ("covered projects")Projects.
All Construction, Demolition, and Renovation Projects within the Town shall comply with this Chapter, whether residential, commercial, office, or industrial in nature. Failure to comply with any of the terms of this Chapter shall subject the project applicantProject Applicant to the full range of enforcement mechanisms set forth in Section 8.19.080, below8.19.070 of this Chapter.
b. Non-covered projects. Applicants for construction, demolition, and renovation projects within the Town under 1,000 sq. ft. ("noncovered projects") shall be encouraged to divert at least 50% of all project-related construction and demolition debris. c.(b) Town-sponsored projects. All Town-sponsored construction, demolition, and renovation projects, that are 1,000 sq. ft. or greater,Construction, Demolition, and Renovation Projects shall be considered "covered projects"Covered Projects for the purposes of this Chapter 8.19, and any applicant therefor shall submit a Waste Management Plan to the WMP Compliance Officer prior to beginning any construction or demolitionConstruction or Demolition activities, and shall further be subject to all applicable provisions of this Chapter 8.19.
d.(c) Compliance as a condition of approval. Compliance with the provisions of this Chapter shall be listed as a condition of approval on any building or demolitionDemolition permit issued for a covered projectCovered Project.
8.19.030 Construction and demolition debris diversionDemolition Debris Diversion. a. Compliance options. Applicants for covered projectsCovered Projects shall select one of the following options to comply with this Chapter 8.19:
(1a) Contract for hauling services with Town'sthe Town’s franchise hauler, with all project debris delivered to San Bernardino County self-haul landfill diversion program, provided the diversion program is currently operating; and provide acceptable proof of recyclingRecycling to the Town in the form of receipts and/or weigh tickets, in conformance with the WMP. (2b) Self-haul all projectProject debris to San Bernardino County self-haul landfill diversion program, provided the diversion program is currently operating; and provide acceptable proof of recyclingRecycling to the Town in the form of receipts and/or weigh tickets, in conformance with the WMP. (3c) Self-haul all projectProject debris to aan approved construction materials recycling facility, and provide acceptable proof of recyclingRecycling to the Town in the form of receipts and/or weigh tickets, in conformance with the WMP.
(4d) Contract with a constructionConstruction site cleanup company to recycle at least 5065% of the project construction debrisProject’s C&D Debris, and provide acceptable proof of recyclingRecycling to the Town in the form of receipts and/or weigh tickets, in conformance with the WMP. b. Waste disposal agreement. The Town's waste disposal agreement with San Bernardino County addresses disposal and not diversion. Therefore participation in self-haul landfill diversion is not subject to the Waste disposal agreement rate limitations.
8.19.040 Submission of Waste Management Plan.
(a.) WMP forms. Applicants for building or demolitionDemolition permits involving any covered projectCovered Project subject to Section
8.19.020(a) shall complete and submit a Waste Management Plan ("WMP"), on a WMP form approved by the Town for this purpose as part of the application packet for the building or demolitionDemolition permit. The completed WMP shall indicate all of the following:
(1) The estimated volume or weight of projectProject C&D debrisDebris to be generated; and
(2) The estimated volume or weight of such materials that can feasibly be divertedDiverted via reuseReuse or recyclingRecycling; and
(3) The vendor or facility that the applicant proposesproposed to use to collect or receive that material; and
(4) The estimated volume or weight of C&D materialsMaterials that will be landfilled.
(b.) Calculating volume and weight of debris. In estimating the volume or weight of materials identified in the WMP, the applicantan Applicant shall use the standardized conversion rates approved by the Town for this purpose and printed on the reverse side of the WMP.
(c.) Deconstruction. In preparing the WMP, applicantsApplicants for building or demolitionDemolition permits involving the removal of all or part of an existing structure shall consider deconstruction, to the maximum extent feasible, and shall make the materials generated thereby available for salvage prior to landfilling.
d. Deposit. Permit applicants whose projects are not subject to Planning Department conditions of approval shall submit a check made payable to "Town of Apple Valley - WMP" in an amount to be determined by the WMP Compliance Official, along with other requisite permit fees and the completed WMP. This is a fully-refundable deposit, depending upon the level of recycling demonstrated. Recycling at least 50% of the debris generated by the project warrants a 100% refund of the deposit, plus any applicable interest.
Recycling less than 50% will result in return of a prorated amount of the deposit, based on the percentage of recycling proven. Permit applicants whose projects are subject to conditions of approval will be regulated by said conditions of approval to achieve the required amount of recycling pursuant to this Chapter.
8.19.050 Compliance with Waste Management Plan.
(a.) Documentation. Prior to final inspection of any covered project, the applicantApplicant shall submit to the WMP Compliance Official documentation proving that it has met the diversion requirementDiversion Requirement for the project. The diversion requirement shall be that the applicant has diverted at least 50% of the total C&D debris generated by the project via reuse or recycling. This documentation shall include all of the following:
(1) Receipts from the vendor or facility that collected or received each material showing the actual weight or volume of that material; and (2) A copy of the previously submitted WMP for the projectProject adding the actual volume or weight of each material divertedDiverted and landfilled; and
(3) Any additional information the applicantApplicant believes is relevant to determining its efforts to comply in good faith with this Chapter
8.19.
(b.) Weighing of wastes. Applicants shall make reasonable efforts to ensure that all C&D debris divertedDebris Diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debrisDebris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D debrisDebris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicantApplicant shall use the standardized conversion rates approved by the Town for this purpose.
(c.) Determination of compliance. The WMP Compliance Official shall review the information submitted under Subsection (a) of this Section and determine whether the applicantApplicant has complied with the diversion requirementDiversion Requirement, as follows:
(1) Full compliance. If the WMP Compliance Official determines that the applicantApplicant has fully complied with the diversion requirementDiversion Requirement applicable to the project, he or sheProject, they shall notify the Building Department of that finding, and the applicantApplicant shall receive a full refund of the deposit within ten (10) working days, if applicable.
(2) Good faith effort to comply. If the WMP Compliance Official determines that the diversion requirementDiversion Requirement has not been achieved, he or shethey shall determine on a case-bycase basis whether the applicantApplicant has made a good faith effort to comply with this Chapter 8.19. In making this determination, the WMP Compliance Official shall consider the availability of markets for the C&D debrisDebris landfilled, the size of the projectProject, and the documented efforts of the applicantApplicant to divert C&D debrisDebris. If the WMP Compliance Official determines that the applicantApplicant has made a good faith effort to comply with this Chapter 8.19, he or she, then they shall notify the Building Department of that finding, and the applicant shall receive a full refund of the deposit within ten working days.
(3) Noncompliance. If the WMP Compliance Official determines that the applicantApplicant has not made a good faith effort to comply with this Chapter 8.19, or if the applicantApplicant fails to submit the documentation required by Subsection (a) of this Section within the required time period, he or shethen they shall notify the Building Department of that finding, and no refund of the deposit will be made the building permit shall fail its final inspection.
(4) Failure to comply with this Chapter may also result in further enforcement action as defined in Section 8.19.070.
8.19.060 Appeal.
(a.) Any affected person may appeal a decision of the WMP Compliance Official to the Planning Commission.
(b.) Any affected person may appeal a decision of the Planning Commission to the Town Council. Any member of the Council may require the review of a Planning Commission decision in accordance with Section 2.04.100 of this Municipal Code.
(c.) Appeals shall be submitted to the WMP Compliance Official or his/hertheir designee. Appeals shall be filed with the Community Services DepartmentTown Clerk within ten (10) consecutive calendar days following the date of action. If the last day to act fallsfall on a holiday or on, a Saturday, or a Sunday, the following business day shall be deemed to be the last day to act.
(d.) Except as otherwise provided for in this Code, an action which has been appealed shall not become effectiveaffective until a final determination is made by the appellate authority.
8.19.070 Enforcement.
(a.) Violation of any provision of this Chapter 8.19 may be enforced by civil action including an action for injunctive relief. In any civil enforcement action, administrative or judicial, the Town shall be entitled to recover its attorneys'’ fees and costs from a person who is determined by a court of competent jurisdiction to have violated this Chapter 8.19. b. Violation of any provision of this Chapter 8.19 shall constitute a misdemeanor punishable by a fine not to exceed $1,000.00 for the first violation, a fine not to exceed $2,500.00 for the second violation within one year, and a fine not to exceed $5,000.00 for each additional violation within one year. There shall be a separate infraction for each day on which a violation occurs. Where the violation is the failure to achieve the diversion requirement applicable to the project and the C&D materials from the project have already been landfilled, the violation shall be deemed to have ceased after a period of ten days. The Town shall recover costs and attorneys' fees incurred in connection with enforcement of this Chapter.
(b) Violation of any provision of this Chapter shall be punishable in accordance with Chapters 1.01 and 1.08 of this Municipal Code.
(c) Where the violation is the failure to achieve the required Diversion, and the C&D Materials from the Project have already been landfilled, the violation shall be deemed to have ceased after a period of ten days.
c.(d) Enforcement pursuant to this Section shall be undertaken by the Town through its Code Enforcement Division and the Code Enforcement Attorneyor its attorney.
(e) In the event the Town incurs attorney fees in any action or proceeding to abate a nuisance under Title 6 or under any other ordinance or Title of the Town of Apple Valley Municipal Code, pursuant to Government Code Section 38773.5, attorney fees are recoverable by the prevailing party, in those actions or proceedings in which the Town elects at the initiation of the action or proceeding, to seek recovery of its own attorney fees.
8.19.080 Time for submittalSubmittal.
(a) The Waste Management Plan (WMP) shall be submitted at the same time as the building permit application and shall be deemed an essential part of the application. No permit application shall be accepted by the Town without an accompanying WMP.
(b) Any correspondence concerning the WMP shall be directed to:
WMP Compliance Official
Town of Apple Valley
14955 Dale Evans Parkway
Apple Valley, CA 92307
(c) Documentation as described in Section 8.19.050(a) shall be submitted prior to receiving a final inspection for the issued permit on any Covered Project.
Town Council Agenda Report
Date: March 8, 2022
To: Honorable Mayor and Town Council
Subject: AWARD TOWN WIDE SCHOOL ZONE TRAFFIC CONTROL UPDATE
PROJECT
From: Douglas Robertson, Town Manager
Submitted by: Brad Miller, Town Engineer
Engineering
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Award a contract to Superior Pavement Markings, Inc. for the Town Wide School Zone Traffic Control Update Project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager;
BACKGROUND
In July of 2020, the Town awarded a Professional Services Agreement to Traffic Engineering Firm Michael Baker International to prepare a Local Roadway Safety Plan (LRSP) which will identify, analyze, and prioritize roadway improvements on local and rural roads. As a component of the LRSP, Michael Baker conducted a comprehensive study of each of the 17 school zones within the Town of Apple Valley to include all AVUSD and San Bernardino County schools as well as The Academy for Academic Excellence and Apple Valley Christian. The analysis provided Town Staff with recommended updates to the signing and striping in each school zone to ensure compliance with the updated Manual on Uniform Traffic Control Devices (MUTCD).
Deployment of the recommended updates has already been completed at Rio Vista School of Applied Learning and Apple Valley High School by Town Public Works staff. Work on the remaining schools will commence on or about March 28, 2022 and be completed by May 6, 2022.
On February 24, 2022, the Town received and opened bids for the subject project. The bid results are as follows:
Contractor Base Bid Price
1. Superior Pavement Markings, Inc. $78,365.00
2. Cat Tracking $94,350.00
3. PCI $104,760.00
4. Chrisp $126,126.00
5. Sterndahl Enterprises $154,310.00
ANALYSIS
The bid documents were reviewed by staff for accuracy and completeness. Staff considers Superior Pavement Markings, Inc. to be a qualified, responsible and responsive bidder.
FISCAL IMPACT
Funding for this project has been appropriated in the adopted FY 2021-2022 budget using account 2021-5210-9207-0000.
ATTACHMENTS
A. Vicinity Map
B. Contract for Construction
EXHIBIT A
VICINITY MAP
Sheet 1 of 1 (NTS)
1 2
14 3
4 5
6 7
8 9
10 11
12 13
15 17
16 NOT A PART
NOT A PART
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SECTION 400 - CONTRACT FOR CONSTRUCTION
THIS CONTRACT is made this 8th day of March, 2022, in San Bernardino County, State of California, by and between the Town of Apple Valley, hereinafter called Town, and Superior Pavement Markings, Inc., hereinafter called Contractor. Town and Contractor agree, for valuable consideration, as follows:
ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work and provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents (specified in Article 5 below) for the public work of improvement titled:
School Area Traffic Control Update
The Contractor and its surety shall be liable to the Town for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. CONTRACT TIME. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the Town’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 30 Working Days from the commencement date stated in the Notice to Proceed, hereafter the Contract Time. By its signature hereunder, Contractor agrees the Contract Time is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE. The Town shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Seventy-eight thousand three hundred sixty-five Dollars ($78,365.00), hereinafter, the Contract Price. Payment shall be made as set forth in the General Conditions.
ARTICLE 4. LIQUIDATED DAMAGES. Contractor acknowledges that Town will sustain actual damages for each and every Working Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the Town’s actual damages. Accordingly, as provided in Government Code section 53069.85, it is agreed that the Contractor will pay the Town the sum of $500.00 for each and every Working Day of delay in completing the Work beyond the Contract Time, as Liquidated Damages and not as a penalty or forfeiture. In the event the Liquidated Damages are not paid, Town may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not affect the Town’s rights to other damages or remedies specified in the Contract Documents or allowed by law.
Should Contractor be inexcusably delayed in the performance of the Work, Town may deduct liquidated damages based on its estimate of when Contractor will achieve Final Completion or other Milestones. Town need not wait until Final Completion to withhold liquidated damages from Contractor.
Liquidated damages are not a penalty but an agreed estimate of the actual damages that would be sustained by the Town for delay, including but not limited to loss of revenue, inconvenience to the Town and the public, and increased Project administration expenses such as extra inspection, construction management, staff time, and architectural and engineering expenses. Liquidated
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damages do not include damages the Town incurs on account of claims by third parties against the Town on account of any delay.
Should money due or to become due to Contractor be insufficient to cover liquidated damages or other offsets due, then Contractor forthwith shall pay the remainder of the assessed liquidated damages to Town.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include only the following documents, each of which is incorporated into this Contract for Construction by reference:
Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Provisions (or Special Conditions)
Technical Specifications
Standard Specifications (Excluding sections 1-8 in their entirety) Addenda
Plans
Change Orders executed by Town
The Contactor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of a conflict, the various Contract Documents will be given effect in the order set forth in Article 2.b of the General Conditions.
This Contract constitutes the full and complete agreement between the parties with regard to the Project and the Work, and supersedes any prior agreement of the parties, whether written or oral.
The Contract can be modified only by a written Change Order executed in accordance with the Contract Documents.
ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions.
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ARTICLE 8. PREVAILING WAGES. Contractor shall pay not less than the prevailing rate of wages in accordance with the Labor Code, which rates have been determined by the Director of the California Department of Industrial Relations and shall be made available at the office of the Town Clerk or may be obtained online at http//www.dir.ca.gov/dlse.
If the Work involves federal funds or otherwise requires compliance with the Davis-Bacon Fair Labor Standards Act, the Contractor and all its subcontractors shall pay the higher of the state or federal prevailing wage rates.
The wage rates must be posted at the job site.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
TOWN OF APPLE VALLEY SUPERIOR PAVEMENT MARKINGS, INC
By: By:
Kari Leon Darren Veltz
Mayor Chief Financial Officer
ATTEST:
Ms. La Vonda M. Pearson, Town Clerk
APPROVED AS TO CONTENT:
___________________________
Douglas B. Robertson, Town Manager
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
__________________________
Thomas Rice, Town Attorney
END OF CONTRACT
Town Council Agenda Report
Date: March 8, 2022
To: Honorable Mayor and Town Council
Subject: 2022-2027 5-YEAR CONSOLIDATED PLAN & ASSESSMENT OF
FAIR HOUSING (FIRST PUBLIC HEARING)
From: Douglas Robertson, Town Manager
Submitted by: Silvia Urenda, Housing and Community Development Specialist II Housing
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
It is recommended that the Town of Apple Valley (“Town”) Council conduct a public hearing in accordance with the Town’s Citizen Participation Plan, to gather feedback on the Town’s upcoming five-year Consolidated Plan and inform the community of the investment of the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funds from 2022-2027 and the Town’s Assessment of Fair Housing (AFH).
BACKGROUND
The U.S. Department of Housing and Urban Development (HUD) mandates that all entitlement communities receiving Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funds, prepare and submit a Consolidated Plan every five years to establish a unified, strategic, vision for housing and community development actions. The Consolidated Plan encompasses the analysis of local community needs and coordinates appropriate responses to those needs and priorities.
The Town is also currently preparing an Assessment of Fair Housing (AFH) to ensure that activities carried out with HUD funding are done in a manner to affirmatively further fair housing goals.
ANALYSIS
Beginning in December 2021, the Town has facilitated two community meetings, provided
a resident survey, held stakeholder focus group meetings, a stakeholder survey, and quantitative data analysis of demographic, housing, and socioeconomic conditions to inform the Consolidated Plan and Assessment of Fair Housing. The intent of this public hearing is to provide an additional opportunity for residents and stakeholders to provide feedback and comments on the needs within the Town.
Community Development Block Grant (CDBG)
CDGB funds are to be used for projects that promote the development of viable, urban communities by providing decent housing, suitable living environments and expanded economic opportunities, principally for persons of low-to-moderate-income status. All CDBG-funded projects must meet one of the following national objectives: 1) Principally benefit low-to- moderate-income persons; 2) Eliminate slums and blight; or 3) Meet an urgent need. The types of projects and programs which may be considered for funding, subject to National Objectives compliance, include acquisition, disposition, public facilities and improvements, residential rehabilitation, clearance activities, public services, interim assistance, removal of architectural barriers and special economic development activities.
HOME Investment Partnership Program (HOME)
The Town participates in a consortium with the City of Victorville (“City”) in order to qualify for HOME entitlement status with HUD. The successful formation of the consortium has resulted in an annual allocation of HOME funds to both communities. The consortium identifies the Town as the lead agency and the City as a Participating Jurisdiction.
HOME funds may be used to develop and support affordable rental housing and homeownership affordability through acquisition (including assistance to homebuyers), new construction, reconstruction or rehabilitation of non-luxury housing with suitable amenities, including real property acquisition, site improvements, conversion, demolition and other expenses, including financing costs, relocation expenses of any displaced persons, families, businesses, or organizations; to provide tenant-based rental assistance, including security deposits; to provide payment of reasonable administrative and planning costs; and, to provide for the payment of operating expenses of Community Housing Development Organizations (CHDOs).
FISCAL IMPACT
There is no impact to the Town’s General Fund. The intent of this meeting is solely to provide an opportunity for comment and input.
ATTACHMENTS
None.
Town Council Agenda Report
Date: March 8, 2022
To: Honorable Mayor and Town Council
Subject: SUBSTANTIAL AMENDMENT TO THE 2018-2019, 2019-2020, 2020- 2021 AND 2022 ACTION PLANS
From: Douglas Robertson, Town Manager
Submitted by: Silvia Urenda, Housing and Community Development Specialist II Housing
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
It is recommended that the Town Council:
A. Conduct a public hearing and upon accepting public testimony; B. Approve a Substantial Amendment to the Community Development Block Grant (“CDBG”) 2018-2019, 2019-2020, 2020-2021 and 2021-2022 Annual Action Plans (“Action Plans”) by repurposing $663,592 to existing and newly proposed CDBG eligible activities; and
C. Authorize the Town Manager, or designee, to execute and transmit all necessary documents, including the Substantial Amendment to the Action Plans, and any additional amendments, to assure the Town’s timely expenditure of CDBG funds
BACKGROUND
The U.S. Department of Housing and Urban Development (HUD) requires all entitlement communities receiving CDBG funds to prepare and submit a Consolidated Plan every five years to establish a unified, strategic vision for economic development, housing and community development activities. The Town Council adopted the 2017-2021 Consolidated Plan on June 13, 2017.
The Consolidated Plan is carried out through Annual Action Plans which provide a concise summary of the actions, activities, and the resources that will be used each year to address the priority needs and specific goals identified in the Consolidated Plan. The
Town must submit an Annual Action Plan to HUD each year of the five-year Consolidated Plan period. The Town Council adopted and submitted the 2018-2019, 2019-2020, 2020- 2021 and 2021-2022 Action Plans to HUD by the required deadline dates of each year.
In accordance with the Town’s Citizen Participation Plan, a Substantial Amendment to a Consolidated Plan and Action Plan is required when a “substantial” change is proposed to funding priorities, elimination or addition of activities not previously identified in the Action Plan, and changes to the goals and objectives. This substantial amendment to the Action Plans is necessary because the Town is proposing to cancel two (2) activities, reduce the funding of two (2) activity budgets and allocate unprogrammed and program income dollars in the combined amount of $663,592 to the Town’s existing 2018-2019 Mendel Park Restroom Project and 2021-2022 CDBG Administration Program, and three (3) newly proposed activities, 2021-2022 Village North Sidewalk Project, 2021-2022 Hilltop House Demolition Project and 2021-2022 Mobile Home Disposition Program.
ANALYSIS
The following narrative provides activity descriptions and other information for the proposed activities.
2018-2019 Mendel Park Restroom Project
The project provides for the purchase and installation of a permanent ADA accessible restroom with direct access at Mendel Park located at 21860 Tussing Ranch Road, Apple Valley, CA 92308.
2021-2022 CDBG Administration Program
The program provides for the general administration of the CDBG Program to include but not be limited to: monitoring of subrecipient contracts, staff to handle phones, preparation of the Annual Notice of Funding Availability (NOFA) Process, Annual Action Plan and Consolidated Annual Performance and Evaluation Report (CAPER) and other HUD required reports. Funds will also be used to provide office supplies and materials, payment for public notices, meeting supplies, and all requirements for the public review, public comments, and public hearings.
2021-2022 Village North Sidewalk Project
The project will construct a new continuous accessible pedestrian pathway throughout the northerly portion of the Village in Apple Valley. Existing non-ADA compliant sidewalks will be removed, and a new 6-foot continuous accessible pathway will be installed in its place along with curb ramps, driveway approaches, and crosswalks. 2021-2022 Hilltop House Demolition Project
Based on the current conditions and infeasibility of rehabilitating the Hilltop House property, the Town would like to potentially allocate CDBG funds to demolish the property due to health and safety concerns caused by deterioration, criminal activity, vandalism and fires. The property will be left in a vacant state. 2021-2022 Mobile Home Disposition Program
The Town inherited one mobile home through a Deed of Trust (property were not acquired by the Town) under the Town’s Mobile Home Repair Program from an eligible participant.
The Town has elected to rehabilitate and dispose of the unit through sale, lease, donation, or otherwise determined by the Town.
Table 1: Proposed Activity Budget Modifications and Reprogrammed Activity Budgets Program Year/ Activity Title Existing
Budget
New
Budget Difference
Cancel Funding/Unprogrammed
19-20 Emergency Rental Assistance Program $162,795 $0 ($162,795) 20-21 Microenterprise Assistance Program $619,271 $350,000 ($269,271) 21-22 Cedar House – Oasis House (withdrew) $10,250 $0 ($10,250) 21-22 Victor Valley Community Services Council –
Senior and Disabled Needs Services (withdrew) $12,103 $0 ($12,103) 21-22 Program Income $115,561 $0 ($115,561)
Prior Year Unprogrammed Funds $93,612 $0 ($93,612)
Subtotal ($663,592)
Increase Funding
18-19 Mendel Park Restroom Project $215,000 $395,000 $180,000 21-22 CDBG Administration Program $123,735 $146,847 $23,112 21-22 Village North Sidewalk Project $0 $300,000 $300,000 21-22 Hilltop House Demolition Project $0 $120,480 $120,480 21-22 Mobile Home Disposition Program $0 $40,000 $40,000 Subtotal $663,592
FISCAL IMPACT
All entitlement funds (i.e., not program income), impacted by the Substantial Amendment have previously been awarded to the Town and budgeted to the activities in Action Plans and Substantial Amendments previously adopted by the Town Council. The Housing and Community Development Department is proposing to:
decrease the following accounts:
- 2120-4210-7572-2100 by $162,795
- 2120-4210-7574-2100 by $269,271
- 2120-4210-7430-0807 by $10,250
- 2120-4210-7430-1480 by $12,103
- 2120-0000-6880-0000 by $115,561
- 2120-0000-6881-0000 by $93,612
increase the following accounts
- 2120-4210-7430-0805 by $180,000
- 2120-4210-7010-0000 by $23,1122
and create three new account numbers under the 2120 CDBG Fund Account with the following budgets:
- Village North Sidewalk Project - $300,000
- Hilltop House Demolition Project - $120,480
- Mobile Home Disposition Program - $40,000
The reprogramming of the $663,592 will ensure that the Town’s CDBG funds are utilized to improve the quality of life for the Town’s residents. Town Council’s approval of the recommended action adopts the Substantial Amendment to the Action Plan thereby allocating those resources into the CDBG budget.
ATTACHMENTS
1. Substantial Amendment to Action Plans
TOWN OF APPLE VALLEY
2018-2019, 2019-2020, 2020-2021 & 2021-2022
ACTION PLAN
SUBSTANTIAL AMENDMENT
DRAFT FOR PUBLIC COMMENT PERIOD
February 4, 2022 – March 8, 2022
Draft Substantial Amendment – for Public Review
Annual Action Plan APPLE VALLEY
OMB Control No: 2506-0117 (exp. 09/30/2021)
This page intentionally left blank.
Draft Substantial Amendment – for Public Review
Annual Action Plan APPLE VALLEY
OMB Control No: 2506-0117 (exp. 09/30/2021)
Table of Contents
EXECUTIVE SUMMARY ...........................................................................................................................................1 PROCESS..................................................................................................................................................................3 EXPECTED RESOURCES – 91.220(C)(1,2)........................................................................................................4 ANNUAL GOALS AND OBJECTIVES – 91.220(C)(3)..........................................................................................5 PROJECTS – 91.220(D)........................................................................................................................................6
Draft Substantial Amendment – for Public Review
Annual Action Plan APPLE VALLEY Pg. 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
EXECUTIVE SUMMARY
Background
The U.S. Department of Housing and Urban Development (HUD) requires all entitlement communities receiving Community Development Block Grant (CDBG) funds, such as the Town of Apple Valley, to prepare and submit a Consolidated Plan every five (5) years to establish a unified, strategic vision for economic development, housing and community development actions.
The Consolidated Plan encompasses the analysis of local community needs and coordinates appropriate responses to those needs and priorities.
The Consolidated Plan is carried out through Annual Action Plans which provide a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified in the Consolidated Plan.
Per the Town’s Citizen Participation Plan (CPP), a Substantial Amendment to a Consolidated Plan and Action Plan is required when a “substantial” change is proposed as it relates to funding priorities, proposed activities, goals, and objectives. This substantial amendment to the Action Plans is necessary because the Town is proposing to cancel two (2) activities, reduce the funding of two (2) activity budgets and allocate unprogrammed and program income dollars in the combined amount of $663,591.95 to the Town’s existing 2018-209 Mendel Park Restroom Project and 2021-2022 CDBG Administration Program, and three (3) newly proposed activities, 2021- 2022 Village North Sidewalk Project, 2021-2022 Hilltop House Demolition Project and 2021-2022 Mobile Home Disposition Program.
PY 2019/2020 Activity(ies)
• Emergency Rental Assistance Program – repurposing $162,794.53 from existing budget
PY 2020/2021 Activity(ies)
• Microenterprise Assistance Program (MAP) – repurposing $269,270.60 from existing budget
PY 2021/2022 Activity(ies)
• Cedar House: Oasis House Program – WITHDREW, repurposing of $10,250 • Victor Valley Community Services Council (VVCSC): Senior and Disabled Needs Program – WITHDREW, repurposing of $12,103
2021/2022 Program Income
• Programming of $115,561.50
Unprogrammed Funds
• Programming of $93,612.32
Draft Substantial Amendment – for Public Review
Annual Action Plan APPLE VALLEY Pg. 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
Sources
The Town will program the following resources in this substantial amendment to the PY 2021- 2022 Annual Action Plan and corresponding PY 2017-2021 Consolidated Plan (which may be found at https://www.applevalley.org/services/housing/plans-reports-and-surveys) to increase the PY 2021-2022 budget:
Pre-PY 2021 Formula CDBG: $525,677.45
PY 2021 Formula CDBG: $22,353.00
PY 2021 Program Income $115,561.50
TOTAL: $663,591.95
Town Council is responsible for determining how CDBG funds will be used to provide decent housing, a suitable living environment, and expanded economic opportunities principally for persons of low- and moderate-income persons. In consultation with the Town Council, Town departments, and partners serving the needs of low- and moderate-income in the community, this submission to the Town Council requests approval to invest the above funding for the projects listed below.
Proposed Projects
2018/2019 Mendel Park Restroom Project:
Original Allocation: $215,000.00
Proposed Increase: $180,000.00
Total Proposed Budget: $395,000.00
2021/2022 CDBG Administration:
Original Allocation: $123,735.00
Proposed Increase: $23,112.00
Total Proposed Budget: $146,847.00
2021/2022 Village North Sidewalk Project:
Original Allocation: $0.00
Proposed Increase: $300,000.00
Total Proposed Budget: $300,000.00
2021/2022 Hilltop House Demolition Project:
Original Allocation: $0.00
Proposed Increase: $120,479.95
Total Proposed Budget: $120,479.95
2021/2022 Mobile Home Disposition Program:
Original Allocation: $0.00
Proposed Increase: $40,000.00
Total Proposed Budget: $40,000.00
Draft Substantial Amendment – for Public Review
Annual Action Plan APPLE VALLEY Pg. 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
PROCESS
The Town is conducting a 30-day review period for this substantial amendment from February 4 – March 8, 2022. The Town will conduct a public hearing for the substantial amendment as part of the March 8, 2022, Town Council meeting. Residents can participate in this meeting telephonically and/or virtually by following the guidance on the Town’s website:
https://www.applevalley.org/services/town-clerk/agendas.
To encourage review and comment on the proposed activities, the Town published notices in English and Spanish in the Valleywide Newspaper on Friday, February 4, 2022, advertising the substantial amendment in compliance with the Town’s CPP. An electronic copy of the Substantial Amendment was available on the Town website and hard copies were placed at the Apple Valley Development Services Building, Apple Valley Branch Library, and the Town Clerk’s Office.
This meeting is being conducted consistent with current guidance issued by the State of California regarding the Covid-19 pandemic. The meeting will be broadcast live and viewable on Frontier channel 29 or Charter Spectrum channel 186 and live streamed online at applevalley.org. For individuals not physically present and still wishing to make public comments, you may comment in one of two ways:
1) comments and contact information can be emailed to [email protected] by 12 p.m. Wednesday February 8, 2022, to be included in the record. 2) a request to speak can be emailed to the same address as above and at the time of the requested agenda item, the town clerk will place a phone call to the commenter and allow them to speak to the council via speaker phone during the live meeting for up to three minutes.
Draft Substantial Amendment – for Public Review
Annual Action Plan APPLE VALLEY Pg. 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
Sort
Order
Activity Target Population Summary Summary of Comments
Received
1. Public
Hearing
• Minorities
• Non-English
Speaking
• Persons with
disabilities
• Broad community
• Residents of
public/assisted
housing
• Stakeholders
The Town conducted its
public hearing to review
the Substantial
Amendment on March 8,
2022.
(to be completed after
public hearing)
2. Comment
Period
• Minorities
• Non-English
Speaking
• Persons with
disabilities
• Broad community
• Residents of
public/assisted
housing
• Stakeholders
The Town conducted its
comment period from
February 4 – March 8,
2022.
(to be completed at close
of public comment
period)
Table 1 – Resident Engagement
Draft Substantial Amendment – for Public Review
Annual Action Plan APPLE VALLEY Pg. 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
EXPECTED RESOURCES – 91.220(C)(1,2)
Introduction
The Town is repurposing $525,677.45 from Pre-PY 2021 formula CDBG resources, $22,353.00 in PY 2021 formula CDBG resources and $115,561.50 in PY 2021 Program Income.
Anticipated Resources
Program Source
of
Funds
Eligible Use of Funds Funds Narrative Description
Formula
CDBG
PublicFederal
• Public Services
• Economic Development
• Public Improvements
• Affordable Housing
• Planning and
Administration
$548,030.45 Activities to provide
decent housing, a
suitable living
environment, and
expanded economic
opportunities principally
for persons of low- and
moderate- income within
the Town.
CDBG
Program
Income
PublicFederal
• Public Services
• Economic Development
• Public Improvements
• Affordable Housing
• Planning and
Administration
$115,561.50 Activities to provide
decent housing, a
suitable living
environment, and
expanded economic
opportunities principally
for persons of low- and
moderate- income within
the Town.
Table 2 - Expected Resources
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
In the initial planning and programming of these resources, the Housing and Community Development Department has worked closely with other Town departments as well as monitored other funding sources available at the local, state, and federal level to ensure that the Town is not providing duplicative assistance and addressing unmet needs and gaps for low- and moderateincome residents.
Draft Substantial Amendment – for Public Review
Annual Action Plan APPLE VALLEY Pg. 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
Annual Goals and Objectives – 91.220(c)(3)
The Town will be amending its following existing goals to reallocate Pre-PY 2021 and PY 2021 CDBG resources, and PY 2021 Program Income. These resources will be re-programmed in the PY 2021 Action Plan and corresponding PY 2017 – PY 2021 Consolidated Plan.
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome
Indicator
1 Provide
suitable living
environments
2021 2022 Homeless NonHomeless
Special Needs
Economic
Development
Townwide Support services
for the homeless
and at risk of
becoming
homeless,
Human Services,
Accessibility and
Mobility
CDBG:
$300,479.95
Public Facility or
Infrastructure
Activities other
than
Low/Moderate
Income Housing
Benefit – 8,315
Persons Assisted
Buildings
Demolished – 1
Building(s)
2 Affordable
Housing
2021 2022 Affordable
Housing
Townwide Housing
Programs
CDBG:
$40,000
Other – 1 (mobile
home)
3 Further Fair
Housing
Objectives in
Consortia
2021 2022 Non-Homeless
Special Needs
Townwide Human Services CDBG:
$300,000
Public Facility or
Infrastructure
Activities other
than
Low/Moderate
Income Housing
Benefit – 6,000
Persons Assisted
4 Program
Administration
2021 2022 N/A Townwide N/A CDBG:
$23,112.00
Other - 1
Table 3 – Annual Goals
Draft Substantial Amendment – for Public Review
Annual Action Plan APPLE VALLEY Pg. 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
PROJECTS – 91.220(D)
Introduction
With the repurposing of Pre-PY 2021 and PY 2021 CDBG resources, and PY 2021 Program Income, the Town will increase funding to the following projects in the PY 2021 Annual Action Plan:
Project
# Project Name
1. 2018-2019 Mendel Park Restroom Project
2. 2021-2022 CDBG Administration
3. 2021-2022 Village North Sidewalk Project
4. 2021-2022 Hilltop House Demolition Project
5. 2021-2022 Mobile Disposition Program
Table 4 – Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
These projects were determined in consultation with Town staff, departments, and stakeholders serving low- and moderate-income residents of Apple Valley to provide decent housing, a suitable living environment, and expanded economic opportunities principally for persons of low- and moderate- income within the Town.
Project Summary Information
1 Project Name 2018-2019 Mendel Park Restroom Project (Existing Activity) Target Area Eligible Census Tract/Block Group
Goals Supported Provide Suitable Living Environments
Needs Addressed Human Services
Funding CDBG: $180,000
Description The project provides for the purchase and installation of a permanent ADA accessible restroom with direct access at Mendel Park.
Target Date 06/30/2022
Estimate the number
and type of families
that will benefit from
the proposed activities
Approximately 8,315 persons
Location Description 21860 Tussing Ranch Road, Apple Valley, CA 92308 Planned Activities 2018-2019 Mendel Park Restroom Project (8,315 people) - $180,000
Draft Substantial Amendment – for Public Review
Annual Action Plan APPLE VALLEY Pg. 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
2 Project Name 2021-2022 CDBG Program Administration
Target Area Townwide
Goals Supported N/A
Needs Addressed N/A
Funding CDBG: $23,112.00
Description Funds are used in the administration of the CDBG Program.
Target Date 06/30/2022
Estimate the number
and type of families
that will benefit from
the proposed activities
N/A
Location Description N/A
Planned Activities CDBG Administration - $23,112.00
3 Project Name 2021-2022 Village North Sidewalk Project (New Activity) Target Area Townwide
Goals Supported Further Fair Housing Objectives in Consortia Needs Addressed Human Services
Funding CDBG: $300,000
Description The project will construct a new continuous accessible pedestrian pathway throughout the northerly portion of the Village in Apple Valley.
Existing non-ADA compliant sidewalks will be removed, and a new 6- foot continuous accessible pathway will be installed in its place along with curb ramps, driveway approaches, and crosswalks.
Target Date 06/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
Approximately 6,000 persons
Location Description Yucca Loma Road between Navajo Road and west of Valley Drive Planned Activities 2021-2022 Village North Sidewalk Project (6000 people) - $300,000
Draft Substantial Amendment – for Public Review
Annual Action Plan APPLE VALLEY Pg. 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
4 Project Name 2021-2022 Hilltop House Demolition Project (New Activity) Target Area Townwide
Goals Supported Provide Suitable Living Environment
Needs Addressed Human Services
Funding CDBG: $120,479.95
Description Based on the current conditions and infeasibility of rehabilitating the Hilltop House property, the Town has elected to demolish the property due to health and safety concerns caused by deterioration, criminal activity, vandalism and fires. The property will be left in a vacant state.
Target Date 06/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
1 Building
Location Description Bass House Drive, Apple Valley, CA 92308 Planned Activities 2021-2022 Hilltop House Demolition Project (1 Building) - $120,479.95
5 Project Name 2021-2022 Mobile Home Disposition Program (New Activity) Target Area Townwide
Goals Supported Affordable Housing
Needs Addressed Housing Program
Funding CDBG: $40,000
Description The Town inherited one mobile homes through a Deed of Trust (properties were not acquired by the Town) under their Mobile Home Repair Program from eligible participants. The Town has elected to rehabilitate and dispose of the units through sale, lease, donation, or otherwise determined by the Town.
Target Date 06/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
Other - 1 (mobile home)
Location Description Townwide
Planned Activities 2021-2022 Mobile Home Disposition Program (Other – 1 mobile home) - $40,000
Table 5 – Project Details
Town Council Agenda Report
Date: March 8, 2022
To: Honorable Mayor and Town Council
Subject: A comprehensive update of the Housing Element of the General Plan to implement the 6th cycle planning period from 2022 to 2029
From: Douglas Robertson, Town Manager
Submitted by: Daniel Alcayaga, AICP, Planning Manager
Planning
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Move to open the public hearing and take testimony. Close the public hearing. Then:
A. Find that pursuant to the California Environmental Quality Act (CEQA), adopt the Initial Study and Negative Declaration.
B. Move to adopt Resolution No. 2022-07 approving GPA 2021-002 (Housing Element Update)
C. Direct staff to file a Notice of Determination with the San Bernardino County Clerk of the Board.
PROJECT DESCRIPTION
Elements, including the Town’s responsibility to remove barriers to all types of housing, particularly affordable housing. The Town is required to update its Housing Element every eight years. The current (5th Cycle) planning period ended October 2021. The 6th Cycle extends from October 2021 through October 2029. The planning cycle is tied to the preparation of the Regional Housing Needs Allocation (RHNA). The RHNA was adopted by the Southern California Association of Governments (SCAG) for all its member cities and counties, and assigns an anticipated need for housing to each jurisdiction during the next eight years. The Town’s RHNA is depicted in Table 1, below.
Table 1
RHNA by Income Category, 2022-2029
Income Category No. of Units
Needed
Extremely Low Income1 543
Very Low Income (0-50% of AMI) 543
Low Income (51-80% of AMI) 600
Moderate Income (81-120% of AMI) 747
Above Moderate Income (more than 120% of
AMI)
1,857
Total Units Needed 4,290
1 Extremely Low Income (ELI) category is a subset of the Very Low Income category. ELI households are defined by HCD as those with incomes less than 30% of AMI. The number of units needed is assumed to be 50% of all Very LowIncome units.
Source: SCAG 2021
In addition to an updated RHNA, the Housing Element is being updated to address changes in State law, to ensure that the Town is in compliance with Government Code, as further described below.
BACKGROUND
State law requires that all counties, cities and towns to adopt a General Plan to guide land use and development. Among the seven (7) required “elements” of the General Plan is the Housing Element. The Housing Element sets forth goals, policies, and programs that address the future housing needs for all income levels over an eight (8) year planning period which coincides with the Regional Housing Needs Assessment (RHNA) projection period. The Town last updated its Housing Element in 2013, for the 5 th cycle planning period from 2013 to 2021.
The Town began its update of the Housing Element in 2020. As part of the process, two public workshops were held, and multiple emails were sent to interested parties, community members, and housing advocates, requesting comments and input on the draft Housing Element. Town staff also met with the Building Industry Association to review the element and the process.
The first draft was submitted to the State Department of Housing and Community Development (HCD) on April 6, 2021. Comments were received on June 7, 2021, and staff made changes to comply with these comments. The element was resubmitted on October 10, 2021 (Attachment 1), and a second comment letter received on December 13, 2021 (Attachment 2). Additional revisions have been made, and were submitted for informal review by HCD on January 10, 2022. Although staff believes that these changes are sufficient to bring the element into compliance, as of this writing staff has not received a response to the informal review request. Staff will report on the status of the element orally at the hearing.
ANALYSIS
Government Code requires that the Town facilitate the development of housing for all income types, with a particular focus on affordable housing. Ultimately, and especially because of the lack of redevelopment funds previously available to the Town, affordable housing will be built by private developers, with Town participation where possible. The draft Housing Element’s policies and programs, consistent with the current Housing Element, do not substantially change this approach. Policies and programs focus on cooperative actions and activities that will facilitate the development of housing for all income levels in Town, and eliminate barriers to housing. The Town’s recent amendments to the Multi-Family zoning standards in the Development Code assist in this effort as well, by making higher density development more feasible and likely.
Policies and programs include the development of incentives for affordable housing projects for seniors and the disabled, including reductions in parking standards, fee waivers and similar incentives; pursuing grants and loans to expand the sanitary sewer system; and promoting rehabilitation programs, both through Town efforts and in cooperation with the County.
The key to the Housing Element’s implementation is the adequacy of available sites. A change in the law requires that affordable housing sites have readily available water, sewer and dry utilities. Because of the incomplete nature of the sanitary sewer system, an analysis was conducted to determine what sites have sewer available immediately adjacent (within 100 feet), and what sites have sewer available in the area (1,250 feet).
On that basis, sites were selected in the Multi-Family and Mixed Use districts, as shown in Tables 43,44 and 45. This results in sufficient land within 100 feet of existing sewer to accommodate 2,748 very low, low and moderate income units, which is more than the 2,433 units assigned in the RHNA. An additional 7,258 units are possible on lands located within 1,250 feet of sanitary sewer. Therefore, the Town has more than sufficient lands available to meet its RHNA allocation.
In addition to the RHNA, changes in State law require multiple changes to the Housing Element, including the inclusion of an “Affirmatively Furthering Fair Housing” (AFFH) component to assure that the Town analyzes patterns of segregation, concentrations of poverty, access to housing, and barriers to housing, and based on that analysis, establishes policies and programs that assure that the Town is affirmatively eliminating barriers and providing housing opportunities for all members of the community. This analysis has been completed, and policies and programs included in the element to assure that housing is available throughout the community for all residents, and that the Town continue to encourage and facilitate housing choice and discourage discrimination.
Environmental Assessment
Pursuant to the California Environmental Quality Act (CEQA), an Initial Study and Negative Declaration have been prepared for the General Plan Amendment. The Housing Element update is a policy document which will result in no change to the physical environment. Individual projects will be reviewed under CEQA as they are proposed, and their site-specific impacts considered and mitigated as necessary.
FISCAL IMPACT
Not Applicable
ATTACHMENTS
1. Resolution No. 2022-07
2. Second Draft, Housing Element – Available for review in the Town Clerks office and online at: https://www.applevalley.org/home/showpublisheddocument/31874
3. HCD letter of December 13, 2021
4. Proposed additional changes to the element, dated 1/11/22 – also available for review online at: https://www.applevalley.org/home/showpublisheddocument/31876
5. Initial Study
Resolution No. 2022-07
RESOLUTION NO. 2022-07
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
APPLE VALLEY, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT NO. 2021-002 AMENDING THE HOUSING
ELEMENT AND LAND USE ELEMENT OF THE GENERAL PLAN
FOR THE 2022-2029 CYCLE OF THE HOUSING ELEMENT
UPDATE.
WHEREAS, The General Plan of the Town of Apple Valley was adopted by the Town Council on August 11, 2009; and
WHEREAS, State law recognizes the vital role local governments play in the supply and affordability of housing. Therefore, every California city is required to amend its General Plan and adopt an updated Housing Element every eight (8) years; and WHEREAS, Southern California Association of Governments (SCAG) established Regional Housing Needs Assessment (RHNA) housing production numbers for each of the counties and cities within its region. The six cycle update to the Housing Element must include plans for growth to accommodate these numbers for the years between 2022-2029; and WHEREAS, the specific changes to the Housing Element of the General Plan include plans for the assigned RHNA allocations and allow the Town to anticipate growth that will enhance the quality of life, improve access to jobs, improve transportation and roads and improve housing, while not adversely impacting the environment; and
WHEREAS, In addition to including RHNA housing production numbers in the Housing Element update, the amendment must also identify compliance with state law.
WHEREAS, on January 28, 2021 and February 24, 2021, the Town held two (2) noticed public workshops and invited members of the affordable housing community, both locally and regionally, service providers for the lower income segment of the community and the general public. The workshop was advertised in the local newspaper of general circulation within the Town of Apple Valley and on the Town’s website; and
WHEREAS, on October 15, 2021 the draft Housing Element update was submitted to the State Department of Housing and Community Development for review. Comments were received and modifications were made and resubmitted. The Town received a commitment letter on December 13, 2021 outlining the requirements necessary to meet the statutory requirements of State Housing Element Law; and
WHEREAS, on February 2, 2022, the Planning Commission held a duly noticed public hearing to review General Plan Amendment No. 2021-002 and recommended that the Town Council adopt the General Plan Amendment; and
WHEREAS, on February 25, 2022, General Plan Amendment No. 2021-002 and was noticed in the Apple Valley News, a newspaper of general circulation within the Town of Apple Valley; and
WHEREAS, based upon the State Guidelines to Implement the California Environmental Quality Act (CEQA), an initial study in compliance with CEQA has been prepared that determined
Resolution No. 2022-07
the proposal would not have any adverse impacts that would be potentially significant. As such, a Negative Declaration has been prepared; and
WHEREAS, on the basis of the whole record, including the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the Town Council’s independent judgment and analysis, and
WHEREAS, a copy of the Initial Study, may be obtained at: Town of Apple Valley, Planning Division, 14955 Dale Evans Pkwy., Apple Valley, CA 92307, and WHEREAS, on March 8, 2022, the Town Council of the Town of Apple Valley opened a noticed and advertised public hearing on General Plan Amendment No. 2021-002; and WHEREAS, the proposed General Plan Amendment is consistent with the goals and policies of the Town of Apple Valley adopted General Plan and Title 9 (Development Code) of the Municipal Code of the Town of Apple Valley and shall promote the health, safety and general welfare of the citizens of the Town of Apple Valley.
NOW, THEREFORE, BE IT RESOLVED that in consideration of the evidence presented at the public hearing, and for the reasons discussed by the Council at said hearing, the Town Council of the Town of Apple Valley, California, finds and determines as follows:
Section 1. In consideration of the evidence received at the public hearing, and for the reasons discussed by the Council at said hearing, that the Town Council of the Town of Apple Valley, California, finds that the changes proposed under General Plan Amendment No. 2021- 002 are consistent with the Goals and Policies of the Town of Apple Valley adopted General Plan.
The amendment also comprises of integrated and internally consistent goals and policies that are compatible with the already adopted goals and policies within the General Plan.
Section 2. Based upon the facts presented within the staff analysis, public testimony and pursuant to Government Code Section 65863(b), the Town Council of the Town of Apple Valley, California, finds that the proposed amendments to the Housing Element and the Land Use Element are consistent with State Law and provides a variety of housing opportunities for every economic sector of the Town’s current and future populations and provides compliance with State Law. As such, the amendment furthers the public interest and promotes general welfare of the Town by providing for logical pattern of land uses and policies for the Town.
Section 3. Based upon the information contained within the Initial Study prepared in conformance with the State Guidelines to Implement the California Environmental Quality Act (CEQA), General Plan Amendment No. 2021-002 will not have a significant impact upon the environment, therefore, the Town Council of the Town of Apple Valley adopts the Negative Declaration for General Plan Amendment No. 2021-002.
Section 4. Adopt Resolution No. 2022-07 amending the Town of Apple Valley General Plan by replacing the 2013 certified Housing Element for the 2014-2021 planning cycle with the 2022-2029 Housing Element Update (Exhibit A).
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 8th day of March 2022.
Resolution No. 2022-07
Kari Leon, Mayor
ATTEST:
La Vonda M-Pearson, Town Clerk
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
December 13, 2021
Daniel Alcayaga, Planning Manager
Community Development Department
Town of Apple Valley
14955 Dale Evans Parkway
Apple Valley, CA 92307
Dear Daniel Alcayaga:
RE: Town of Apple Valley’s 6th Cycle (2021-2029) Revised Draft Housing Element Thank you for submitting the Town of Apple Valley’s (Town) revised draft housing element received for review on October 15, 2021. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. In addition, HCD considered comments from Sean Gorden, YIMBY Law, pursuant to Government Code section 65585, subdivision (c).
The revised draft element addresses some statutory requirements described in HCD’s June 7, 2021 review; however, the following revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).
1. Affirmatively further(ing) fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing... (Gov. Code, § 65583, subd. (c)(10)(A).) Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).) Racial/Ethnic Areas of Concentration of Poverty (R/ECAP) and Areas of Affluence (RCAA): The element states that a R/ECAP does not exist; however, as noted in the element, the Town does have an area of High Segregation and Poverty according to TCAC/HCD Opportunity maps. As a result, the element should include a specific analysis of this area; addressing conditions and circumstances, trends, coincidence with other components of the assessment of fair housing (AFH) and the effectiveness of past and current strategies to promote inclusive communities
Daniel Alcayaga, Planning Manager
and equitable. This analysis should be complemented by local data and knowledge and other relevant factors as described below.
Site Inventory: The element generally states sites are identified throughout the community but generally does not include analysis to address this requirement. The analysis must identify whether sites improve or exacerbate conditions and whether sites are isolated by income group. A full analysis should address the income categories of identified sites with respect to location, the number of sites and units by all income groups and how that affects the existing patterns for all components of the assessment of fair housing (e.g., segregation and integration, access to opportunity). The element should also discuss whether the distribution of sites improves or exacerbates conditions. If sites exacerbate conditions, the element should identify further program actions that will be taken to promote equitable quality of life throughout the community (e.g., anti-displacement and place-based community revitalization strategies).
Other Relevant Factors: The element must include other relevant factors that contribute to fair housing issues in the jurisdiction. For instance, the element should analyze historical land use, zoning, governmental and nongovernmental spending, including transportation investments, demographic trends, historical patterns of segregation, or other information that may have impeded housing choices and mobility.
Contributing Factors: The element should re-assess and prioritize contributing factors upon completion of analysis and make revisions as appropriate.
Goals, Actions, Metrics, and Milestones: The element must be revised to add or modify goals and actions based on the outcomes of a complete analysis. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, metrics, and milestones as appropriate; and must address housing mobility enhancement; new housing choices and affordability in high opportunity areas; place-based strategies for community preservation, revitalization and displacement protection.
2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities
Daniel Alcayaga, Planning Manager
to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory… … without rezoning... Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels... (Gov. Code, § 65583, subd. (c)(1).)
Parcel Listing: As noted in the prior review, parcels must be listed by affordability levels. In response, the element now labels all multifamily and mixed-uses zoned sites with lower and moderate-income affordability. However, sites identified for lower and moderate income should be separated in some manner based on the anticipated affordability of identified sites.
Electronic Sites Inventory: As a reminder, the Town must submit an electronic sites inventory with its adopted housing element. As part of the electronic inventory, the Town must identify sites by anticipated income category. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/communitydevelopment/housing-element/index.shtml#element for a copy of the form and instructions. The Town can reach out to HCD at [email protected] for technical assistance.
Programs: As noted above, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning was not established. Based on the results of a complete sites inventory and analysis, the Town may need to add or revise programs.
3. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels… …including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. (Gov. Code, § 65583, subd. (a)(5).) Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities… (Gov. Code, § 65583, subd. (c)(3).) Land Use Controls: The element now identifies multifamily parking requirements of 2 to 2.5 spaces per unit, including garage requirements, depending on the size of the development. The element should specifically evaluate these requirements for impacts on housing cost and supply, particularly for smaller bedroom types and add programs to address constraint.
Processing and Permit Procedures: While the element now includes a program to remove the conditional use permit for larger multifamily developments, it must
Daniel Alcayaga, Planning Manager
still evaluate findings for the Development Plan review and include programs as appropriate. Please see the prior review for additional information Housing for Persons with Disabilities: While the element now provides that the Development Code be amended to allow group homes of seven or more as a permitted use, it must still identify and analyze any definition of family and include a program as appropriate.
4. The housing element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate-income households. (Gov. Code, § 65583, subd. (c)(2).
The element must include programs for elderly and persons with disabilities. However, the element should consider all special needs groups and programs should be revised with proactive outreach including more specific timelines (e.g., annual) instead of “as proposed”.
5. Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b) (1 & 2).)
The element must include quantified objectives to establish an estimate of housing units by income category, including extremely low-income households, that can be constructed, rehabilitated, and conserved over the planning period.
6. Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort. (Gov. Code, § 65583, subd. (c)(9).)
As noted in the prior review, HCD encouraged the Town to consider comments from High Desert Intersections Collaborative. In response, the revised draft notes some programs were modified and most recommendations were already in place. However, neither modifications nor recommendations already in place are apparent in the revised housing element. HCD again encourages the Town to consider these comments and make revisions where appropriate.
In addition, as a reminder, the availability of the document to the public and opportunity for public comment prior to submittal to HCD is essential to the public process and HCD’s review. The Town must proactively make future revisions available to the public, including any commenters, prior to submitting any revisions to HCD and diligently consider and address comments, including revising the document where appropriate. HCD’s future review will consider the extent to which the revised element documents were circulated and how the Town solicited, considered, and addressed public comments in the element. The Town’s consideration of public comments must not be limited by HCD’s findings in this review letter.
Daniel Alcayaga, Planning Manager
The element will meet the statutory requirements of State Housing Element Law once it has been revised and adopted to comply with the above requirements.
As a reminder, the Town’s 6th cycle housing element was due October 15, 2021. As of today, the Town has not completed the housing element process for the 6th cycle.
The Town’s 5th cycle housing element no longer satisfies statutory requirements.
HCD encourages the Town to revise the element as described above, adopt, and submit to HCD to regain housing element compliance.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of this statutory deadline, then any rezoning to accommodate the regional housing needs allocation (RHNA), including for lower-income households, shall be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i).
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the Town will meet housing element requirements for these and other funding sources.
HCD is committed to assisting the Town in addressing all statutory requirements of State Housing Element Law and appreciates your efforts in the preparation of your revised draft element. If you have any questions, please contact Gerlinde Bernd at [email protected].
Sincerely,
Paul McDougall
Senior Program Manager
Town of Apple Valley Housing Element
Third Draft Proposed Responses
Response and Revisions to
Apple Valley’s 6th Cycle (2021 -2029) Revised Draft Housing Element: AFFH Section Second HCD Comment Letter Dated December 13, 2021
AFFH Comments
Racially/Ethnically Concentrated Areas of Poverty and Affluence (R/ECAP): The element states that a R/ECAP does not exist; however, as noted in the element, the Town does have an area of High Segregation and Poverty according to TCAC/HCD Opportunity maps. As a result, the element should include a specific analysis of this area; addressing conditions and circumstances, trends, coincidence with other components of the assessment of fair housing (AFH) and the effectiveness of past and current strategies to promote inclusive communities and equitable. This analysis should be complemented by local data and knowledge and other relevant factors as described below.
RESPONSE: The following language has been added to page 5-6 of the AFFH analysis.
HUD defines Racially or Ethnically Concentrated Areas of Poverty (R/ECAPs) as census tracts with a non-White population over 50 percent and with 40 percent or three times the overall poverty rate. In the High Desert region, there is one R/ECAP located on the outskirts of the Cities of Victorville and Adelanto and one in the City of Barstow. There are no R/ECAPs located within Town boundaries. However, there is one area of “High Segregation and Poverty” centrally located in Town bounded by Corwin Road to the north and west, Dale Evans Road to the east, and Highway 18 to the south (Figure 8). This area is highly diverse (Figure 2), is considered an affordable location (Figure 6), and is in proximity to major commercial corridors (Highway 18 and Dale Evans Parkway) with access to transit (VVTA bus routes). However, this area (block group) has a higher percentage of the non-White population (Figure 10), higher percentage of female headed households with children (Figure 7), lower median incomes (Figure 4), and experiences higher rates of poverty (Figure 5) and overpayment (Figures 13 (Renters) and 14 (Owners)). This suggests that access to jobs may not be the dominant factor behind the concentration of lower income households, but rather the type of jobs and housing available and other socioeconomic factors. To address housing affordability, the Town has located eight RHNA sites within and immediately adjacent to the area of “High Segregation and Poverty” which will increase access to lower income housing options and help alleviate various economic hardships. Combined, these eight sites encompass
30.5 acres with the potential to add 607 lower income units.
Sites Inventory: The element generally states sites are identified throughout the community but generally does not include analysis to address this requirement. The analysis must identify whether sites improve or exacerbate conditions and whether sites are isolated by income group. A full analysis should address the income categories of identified sites with respect to location, the number of sites and units by all income groups and how that affects the existing patterns for all components of the assessment of fair
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housing (e.g., segregation and integration, access to opportunity). The element should also discuss whether the distribution of sites improves or exacerbates conditions. If sites exacerbate conditions, the element should identify further program actions that will be taken to promote equitable quality of life throughout the community (e.g., antidisplacement and place-based community revitalization strategies).
RESPONSE: The following language has been added to page 36 of the AFFH analysis. d. Sites Inventory
The Town’s Regional Housing Needs Assessment for 2022-2029 estimates that a total of 4,290 housing units will be built in Apple Valley (see Table 35). Of these, 1,686 units are allocated for extremely low-, very low-, and low-income households. As shown in Tables 43 and 45, the Town has identified enough sites to accommodate 2,748 housing units, which is 1,062 units more than the required RHNA for lower income units.
The Town reviewed the opportunity area map prepared by HCD and TCAC (Figures 8, 9, 11, 12) when selecting sites for affordable housing. The opportunity area map delineates areas across the state where research has shown there is support for positive economic, educational, and health outcomes for low-income families—particularly long-term outcomes for children. As previously discussed, the Town primarily consists of “Low Resource” or “Moderate Resource” areas, with only one area considered “High Resource.” This made site selection more difficult when considering vacant land options in proximity to higher resource areas. Nonetheless, the Town was able to identify sufficient sites for the 2022-2029 cycle in areas identified as having a need for affordable housing based on patterns of segregation, poverty, low-income houses, displacement risk, access to opportunity, and local knowledge. Thus, the sites identified in the Land Inventory will not exacerbate any such fair housing related conditions.
Inventory lands are geographically distributed throughout the Town however they primarily serve the central and southeast-central portions of Town identified as having lower income households, higher rates of poverty, and disproportionate housing needs.
As shown on Exhibit 11, these sites are generally located in areas of lower job proximity and economic opportunity scores; however, most of the sites are near major roadways such as Highway 18, Navajo Road, Bear Valley Road and Thunderbird Road that provide direct access to transit stops and are in proximity to commercial centers offering employment opportunities and access to personal services. These locations are also in the vicinity to a number of educational services including pre-schools, elementary through high schools, as well as adult schooling. The transit routes in these areas also circulate residents to many other schools, public services, healthcare facilities and commercial areas not in the immediate vicinity. The Town has also located eight RHNA sites within and immediately adjacent to the area of “High Segregation and Poverty” which will increase access to lower income housing options and help alleviate various economic hardships. Combined, these eight sites encompass 30.5 acres with the potential to add 607 lower income units and will improve the conditions for this portion of the population.
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Other Relevant Factors: The element must include other relevant factors that contribute to fair housing issues in the jurisdiction. For instance, the element should analyze historical land use, zoning, governmental and nongovernmental spending including transportation investments, demographic trends, historical patterns of segregation, or other information that may have impeded housing choices and mobility.
RESPONSE: The following language has been added to page 34 of the AFFH analysis.
Additional Local Knowledge
The Victor Valley region began to see sustained growth in the post-World War II era turning this sparsely settled stretch of desert land (present Apple Valley) into a westernthemed town of 11,000 residents. In 1988, the Town of Apple Valley was incorporated with a population of approximately 41,000 and an area of 78 square miles. The region is not metropolitan, has a relatively short urban development history, and does not have a large African American population (e.g. 8.95% of total Town population in 2018) or cultural presence. Gradual buildout and economic growth were the driving factors for neighborhood development patterns in contrast to metropolitan areas where public policy, such as redlining, may have been a driving factor.
The Town’s current development pattern consists primarily of lower density residential developments and several major corridors of commercial development. There are large areas of vacant land located primarily north Corwin Road and east of the I-15 freeway zoned for a mix of residential and non-residential uses. Although land availability isn’t necessarily a constraint in the Town, availability of necessary infrastructure is, including water and sewer. The Town has managed to locate existing affordable housing sites in areas currently served by water and sewer, and in areas experiencing higher rates of segregation and poverty. The Town will benefit from future development of vacant lands because it will create job opportunities and increase housing options but this type of development and expansion will most likely be market driven and depend heavily on private developers.
Contributing Factors: The element should re-assess and prioritize contributing factors upon completion of analysis and make revisions as appropriate.
RESPONSE Noted. New/added analysis does not warrant a revision to existing contributing factors.
Goals, Actions, Metrics, and Milestones: The element must be revised to add or modify goals and actions based on the outcomes of a complete analysis. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, metrics, and
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milestones as appropriate and must address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place-based strategies for community preservation and revitalization and displacement protection.
RESPONSE Noted. Majority of existing policies/programs currently meet this standard, and no revisions are required. Programs 1.B.1 through 1.B.6 specifically address fair housing issues, while others address housing opportunities for special populations and other actions that are relevant to the AFFH issues.
Parcel Listing: As noted in the prior review, parcels must be listed by affordability levels.
In response, the element now labels all multifamily and mixed-uses zoned sites with lower and moderate-income affordability. However, sites identified for lower and moderate income should be separated in some manner based on the anticipated affordability of identified sites.
RESPONSE Email sent on January 4, 2022, but no response. We propose to change Tables 43, 44 and 45 to read: “Vacant Land Inventory For Lower Income Units…” The Element’s analysis regarding affordability of market housing, on pages 33 and 34 demonstrate that moderate income households can find both rental and purchase housing in the unrestricted market in Apple Valley. Therefore, the inventory can be applied only to lower income units.
Programs: As noted above, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning was not established. Based on the results of a complete sites inventory and analysis, the Town may need to add or revise programs.
RESPONSE Based on the change in Tables 43, 44 and 45, programs do not require amendment or addition.
Land Use Controls: The element now identifies multifamily parking requirements of 2 to
2.5 spaces per unit, including garage requirements, depending on the size of the development. The element should specifically evaluate these requirementsfor impacts on housing cost and supply, particularly for smaller bedroom types and add programs to address constraint.
RESPONSE The comment appears to address only the first part of the paragraph, and does reflect the analysis in the second part of the paragraph. Please see text highlighted in yellow for existing discussion regarding reductions in parking requirements, and additional text added in red to clarify that parking requirements are not a constraints.
The new standards also reduce parking requirements. For small projects, 2 garage spaces are required, plus one guest space, regardless of unit size; for medium projects, a total of 2.5 covered spaces in total are required, regardless of unit size; and for large projects, 2.25 parking spaces in total are required, regardless of unit size. In addition to the reductions in parking requirements made to the Multi-Family Residential zone, Development Code Section 9.72.040 allows flexibility
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in off-street parking requirements where reduced need is demonstrated. The Planning Commission may reduce parking requirements for senior citizen housing by up to 25% where the development is within close proximity of a shopping center or adequately serviced by a public transportation system. The number of required covered parking spaces may be reduced by up to 50% for developments meeting the needs of lower and moderate-income senior households. This reduction eliminates any potential constraint by requiring 1 to 1.25 parking spaces per unit for affordable housing projects. Parking requirements for market housing are consistent in the single family and multi-family zones. The Town’s changes to the Development Code, which allows reductions of up to 50% for affordable housing projects, eliminates any potential constraint associated with costs for additional parking for affordable housing projects.
Processing and Permit Procedures: While the element now includes a program to remove the conditional use permit for larger multifamily developments, it must still evaluate findings for the Development Plan review and include programs as appropriate. Please see the prior review for additional information
RESPONSE The paragraph on page 61 relating to the removal of CUPs for large multi-family projects occurs immediately after the analysis of Development Permit review. The entire subsection is provided below, with the relevant Development Permit discussion highlighted in yellow, and clarifying language added in red.
Permit Processing
The Town includes its Development Code, including all development standards, and all fee schedules on the Town’s website. Permit processing in Town is consistent for all land use districts. Permitted uses of any kind in any zone require approval of a site plan, which is generally processed in a period of 60 to 120 days, as are tentative tract maps for single-family homes.
Single-family homes on infill lots are not subject to any Planning Division review and require only a building permit. For new subdivisions, the Development Plan review and approval process consists of a review of development standards for consistency at the staff level, and review and approval by the Planning Commission. Per Zoning Code Section 9.17.080, the findings required to approve a project are consistent with those of all communities in California, and relate to General Plan and Zoning consistency, the physical ability of the site to accommodate the proposed project, and the California Environmental Quality Act, as follows:
A. That the location, size, design, density and intensity of the proposed development is consistent with the General Plan, the purpose of this Code, the purpose of the zoning district in which the site is located, and the development policies and standards of the Town;
B. That the location, size and design of the proposed structures and improvements are compatible with the site's natural landforms, surrounding sites, structures and streetscapes, and does not unnecessarily block public views from other buildings or from public ways, or visually dominate its surroundings; C. That the materials, textures and details of the proposed construction, to the
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extent feasible, are compatible with the adjacent and neighboring structures, and that quality in architectural design is maintained in order to enhance the visual environmental of the Town;
D. That the amount, location, and design of open space and landscaping conforms to the requirements of this Code, enhances the visual appeal and is compatible with the design and function of the structure(s), site and surrounding area; E. That excessive and unsightly grading of hillsides does not occur, and the character of natural landforms such as knolls and the Mojave River and existing vegetation and Joshua Trees are adequately protected and preserved where feasible as required by this Code.
Single-family homes do not require discretionary review, and are processed through the Building Department, unless part of a master planned community. Should a Conditional Use Permit be required for any reason, it is processed concurrently with the site plan review, and does not extend the permit processing timeline. The Town always provides expedited permit processing, and even when required to process a General Plan Amendment and Zone Change, can process applications in less than six months. The Town’s permit processing, therefore, does not represent a constraint on development.
For Multi-Family development projects with 1 to 15 units, administrative review is completed through the plan check process and no additional entitlements are required.
Projects with 16 to 50 units require Planning Commission review and approval of a Development Permit. The same findings listed above for single-family development, requiring a Development Permit, is required for the Planning Commission approval of a Development Permit. Projects that include more than 50 units requires a Conditional Use Permit reviewed and approved by the Planning Commission. In order to facilitate the development of larger projects, the Development Code will be amended to require only a Development Permit for larger projects consistent with the 16-50 unit category (please see Program 1.I.2). As described above, the Development Permit process is a review of development standards for conformance, and the Findings for Development Permits are consistent with those applied across California for site plan reviews. The change imposed by Program 1.I.2 will eliminate the constraint of permit processing associated with multifamily development.
Housing for Persons with Disabilities: While the element now provides that the Development Code be amended to allow group homes of seven or more as a permitted use, it must still identify and analyze any definition of family and include a program as appropriate.
RESPONSE The following text will be added to the “Zoning for a Variety of Housing Types” section, immediately following Low Barrier Navigation Centers. • Definition of family: The Development Code defines “family” as “One (1) or more individuals occupying a dwelling unit as a single household unit.” This definition does not impose a maximum number of persons in a family, or their relationship,
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or any other limitation that would pose a constraint to the housing of disabled persons.
The element must include programs for elderly and persons with disabilities. However, the element should consider all special needs groups and programs should be revised with proactive outreach including more specific timelines (e.g., annual) instead of “as proposed”.
RESPONSE Programs have been amended as follows:
Program 1.C.2
Process requests for the establishment of State licensed residential care facilities, in accordance with Section 1566.3 of the Health and Safety Code, as a means of providing long-term transitional housing for very low income, disabled and homeless persons.
Responsible Agency: Community Development Department
Schedule: Annually meet with residential care providers active in Apple Valley; and Staff review as development proposals are brought forward
Program 1.C.8
Participate in regional, state and federal programs which assist very low, low and moderate income households, disabled and senior households in buying their own home, and provide information at Town Hall on these programs.
Responsible Agency: Community Development Department
Schedule: Annual participation in Consortium activities. Maintain all assistance programs on Town website.
Program 1.H.4
The Community Development Department shall maintain a brochure which describes the improvements eligible for the Residential Rehabilitation Loan Program, including energy conservation measures, and shall distribute the brochure at Town Hall, the Community Center, the Senior Center, the Library, churches and other sites where they can be available to the community at large.
Responsible Agency: Community Development Department and Building and Safety Department
Schedule: Annually update the brochure; restock as needed throughout the year.
Program 1.I.1
The Town shall encourage the development of Homeless Shelters, Transitional Housing and Single Room Occupancy by complying with Government Code Section 65583, which requires these uses to be identified in the Development Code. Application fee waivers shall also be given to these projects proposed in the Town. In addition, those that apply for reasonable accommodations shall also be given fee waivers.
Responsible Agency: Community Development Department
Schedule: Create website information and post by end of 2022. Meet with NGOs
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annually to publicize the program. Staff review as proposals are brought forward Program 3.A.1
Enforce the handicapped accessibility requirements of Federal fair housing law that apply to all new multi-family residential projects containing four (4) or more units.
Responsible Agency: Department of Building and Safety
Schedule: Through regular Code Compliance inspections throughout the year; and Staff review as development proposals are brought forward
The element must include quantified objectives to establish an estimate of housing units by income category, including extremely low-income households, that can be constructed, rehabilitated, and conserved over the planning period.
RESPONSE Quantified objectives have been included in first and second drafts of the element on page 67, as reproduced below. There are no units to be conserved based on the element’s analysis, but new construction and rehabilitation units are provided.
Quantified Objectives
The following table estimates the number of units likely to be constructed, rehabilitated, or conserved/preserved, by income level, in Apple Valley during the 2022-2029 planning period.
Table 1
Quantified Objectives, 2022-2029
New
Construction
Rehabilitation Conservation
Extremely Low Income 543
Very Low Income 543 60
Low Income 600 100
Moderate Income 747
High 1,857
Total: 4,290 160
As noted in the prior review, HCD encouraged the Town to consider comments from High Desert Intersections Collaborative. In response, the revised draft notes some programs were modified and most recommendations were already in place. However, neither modifications nor recommendations already in place are apparent in the revised housing element. HCD again encourages the Town to consider these comments and make revisions where appropriate.
In addition, as a reminder, the availability of the document to the public and opportunity for public comment prior to submittal to HCD is essential to the public process and HCD’s review. The Town must proactively make future revisions available to the public, including any commenters, prior to submitting any revisions to HCD and diligently consider and
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address comments, including revising the document where appropriate. HCD’s future review will consider the extent to which the revised element documents were circulated and how the Town solicited, considered, and addressed public comments in the element.
The Town’s consideration of public comments must not be limited by HCD’s findings in this review letter.
RESPONSE The text referencing the Collaborative has been amended below. The Town will continue to provide the Element for review to the public, including posting it for public comment prior to the Planning Commission and Town Council hearings, as provided below.
The High Desert Intersections Collaborative provided written comments to the Town in the form of policy recommendations. The Town reviewed these recommendations and modified some programs to reflect their recommendations. Most of the recommendations were already in place as policies and programs, including the Town’s existing Mixed Use zone, which already has a minimum requirement set for commercial uses; and developer incentives, including reductions in development standards for affordable multi-family projects, fee waivers, and those already provided in Programs 1C.1 and 1.E.5. Some of their suggestions did not apply to the Town, and some were not appropriate, including the deferral of property maintenance and repair for NGOs who purchase affordable housing projects, because this policy would result in sub-standard living conditions for low income households; the Town does not require renter permits from anyone, including NGOs; their recommendation that Crime Free Multi-Family Housing Programs be eliminated on the basis that it “keeps people away from multi-family housing” is not based in fact, and the Program has proven effective in lowering crime in multi-family projects in Town.
The Town posted its second draft Housing Element on the Town’s website prior to resubmittal to HCD, and notified all workshop attendees of its availability for comment from September 29 to October 13, 2021. In addition, the Town announced the comment period on its social media. No additional comments were received. The Town posted the draft Housing Element for public comment again for 10 days prior to Planning Commission hearing, and continuously until the Town Council hearing, 30 days later.
TOWN OF APPLE VALLEY
14955 Dale Evans Parkway
Apple Valley, California 92307
Phone: (760)240-7000
Fax: (760)247-3885
ENVIRONMENTAL INITIAL STUDY
Project Title: Town of Apple Valley Housing Element Update Town Project No.: General Plan Amendment Case No. GPA 2021-002 Lead Agency Town of Apple Valley
Name and Address: 14955 Dale Evans Parkway
Apple Valley, California 92307
Phone: (760) 240-7000, Fax: (760) 247-3885
Project Sponsor’s Name Town of Apple Valley
and Address: 14955 Dale Evans Parkway
Apple Valley, California 92307
Contact Person Daniel Alcayaga, Planning Manager, [email protected] And Phone Number: Phone: (760) 240-7000 Ext. 7200
Project Location: Town-wide
Project Area: Current Town boundary
Existing
Zoning Designation: All
Existing
General Plan Designation: All
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TABLE OF CONTENTS
PROJECT DESCRIPTION......................................................................................................................... 4 EVALUATION OF ENVIRONMENTAL IMPACTS: ............................................................................. 7
1. AESTHETICS................................................................................................................................. 9
2. AGRICULTURE AND FORESTRY RESOURCES................................................................... 10
3. AIR QUALITY............................................................................................................................. 12
4. BIOLOGICAL RESOURCES...................................................................................................... 14
5. CULTURAL RESOURCES......................................................................................................... 16
6. ENERGY ...................................................................................................................................... 17
7. GEOLOGY AND SOILS ............................................................................................................. 18
8. GREENHOUSE GAS EMISSIONS............................................................................................. 20
9. HAZARDS AND HAZARDOUS MATERIALS ........................................................................ 21
10. HYDROLOGY AND WATER QUALITY.................................................................................. 23
11. LAND USE AND PLANNING.................................................................................................... 26
12. MINERAL RESOURCES ............................................................................................................ 27
13. NOISE........................................................................................................................................... 28
14. POPULATION AND HOUSING................................................................................................. 30
15. PUBLIC SERVICES .................................................................................................................... 31
16. RECREATION ............................................................................................................................. 32
17. TRANSPORTATION................................................................................................................... 33
18. TRIBAL CULTURAL RESOURCES.......................................................................................... 34
19. UTILITIES AND SERVICE SYSTEMS ..................................................................................... 35
20. WILDFIRE ................................................................................................................................... 37
21. MANDATORY FINDINGS OF SIGNIFICANCE...................................................................... 38 REFERENCES ......................................................................................................................................... 39 Table 1 Regional Housing Needs Allocation, 2022 to 2029 ................................................................... 4 Exhibit 1 Regional Location Map .............................................................................................................. 6
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PROJECT DESCRIPTION
The Housing Element is one of the mandated Elements of the Town’s General Plan. It analyzes the demographics of the Town population and existing housing stock, and considers the future needs for housing in the Town. The Housing Element focuses on affordable housing and housing for special needs households, including seniors, disabled persons, large families, single parent households and the homeless. It also provides the Town’s decision makers with Goals, Policies and Programs intended to facilitate the development and preservation of adequate housing supply to meet these needs. The State of California has established a mandatory update schedule for Housing Elements, which the Town is complying with. This Update addresses the planning period from 2022 to 2029. During this timeframe, the City has been allocated the following housing units under the Regional Housing Needs Allocation (RHNA) developed by the Southern California Association of Governments (SCAG):
Table 1
Regional Housing Needs Allocation, 2022 to 2029
Income Category Number Of Units
Extremely low income 543
Very low income 543
Low income 600
Moderate income 747
Above moderate income 1,857
Total 4,290
Note that the extremely low and very low income categories are 50% each of the 1,086 units assigned for the very low category.
Source: SCAG
This Update consists primarily of statistical updates, particularly relating to updating the Census and American Community Survey (ACS) information in the Element to 2010 Census and 2018 ACS information, and reassessing housing needs based on these demographic changes. This Update selected vacant sites identified for housing in the 2014-2021 Housing Element that are located within 100 feet of water and sewer lines.
The Housing Element Update does not propose significant changes in policies and programs, most of which address changes in the requirements of law since the Town last updated its Housing Element in 2013. These changes in law address various housing-related issues. AB 686 was passed by California Legislature in 2018 requiring that all housing elements due on or after January 1, 2021 must contain an Assessment of Fair Housing (AFH) consistent with the core elements of the analysis required by the federal Affirmatively Furthering Fair Housing (AFFH) Final Rule (2015). This Update includes an AFH that analyzes patterns of segregation and equal access to opportunity within the Town, consistent with AFFH Final Rule.
Also as required by recent changes in State law the Element includes a program to require that the Town will amend the Development Code to be consistent with density bonus provisions of AB 2345, which provides for up to 50% density bonus depending on the affordable units mix.
Current Conditions
The current Housing Element (2013) of the Town’s 2009 General Plan applies to the 2014-2021 planning period.
The current Element facilitates housing development and preservation throughout the Town consistent with residential land use designations in the Land Use Element and Development Code, to meet the RHNA assigned to the Town at the time.
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Project Location and Limits
The Town of Apple Valley is in Township 4, 5 & 6 North, Range 3 & 4 West of the San Bernardino Base and Meridian (see USGS Apple Valley North and Apple Valley South 7.5-minute quadrangle maps).
Surrounding Land Uses
Not applicable. The Housing Element applies to all lands throughout the Town.
TownofAppleValleyHousingElementUpdate Exhibit
RegionalLocationMap
AppleValley,California 1
TwentyninePalms
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EVALUATION OF ENVIRONMENTAL IMPACTS:
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Aesthetics Agriculture and
Forestry Resources Air Quality
Biological Resources Cultural Resources Energy
Geology /Soils Greenhouse Gas
Emissions
Hazards & Hazardous
Materials
Hydrology / Water
Quality Land Use / Planning Mineral Resources
Noise Population / Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities / Service
Systems Wildfires Mandatory Findings of Significance
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DETERMINATION: (To be completed by the Lead Agency)
On the basis of this initial evaluation:
________________________________________________________ Signature: Daniel Alcayaga, Planning Manager
Town of Apple Valley
__________________
Date:
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
12.22.21
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1. AESTHETICS – Except as provided in Public
Resource Code Section 21099, would the project:
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Have a substantial adverse effect on a scenic
vista?
b) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
c) In non-urbanized areas, substantially degrade
the existing visual character or quality of public
views of the site and its surroundings? (Public
views are those that are experienced from publicly
accessible vantage point). If the project is in an
urbanized area, would the project conflict with
applicable zoning and other regulations governing
scenic quality?
d) Create a new source of substantial light or glare,
which would adversely affect day or nighttime
views in the area?
Sources: Apple Valley General Plan 2009; Apple Valley Development Code, as amended; California State Scenic Highway System Map and List, Caltrans.
Background
The Town of Apple Valley occurs on a gently sloping desert floor with mountains, peaks, hillsides, and knolls primarily to the north, south, and east. Prominent scenic vistas include the Ord Mountains to the south, the summit of Bell Mountain (3,852 feet above sea level) to the north, and the summit of Fairview Mountain (4,288 feet above sea level) to the northeast. Mountainous areas are comprised of various rock formations and diverse vegetation that represent regional scenery. In some areas, the Mojave River is surrounded by mountains, hillsides, and riparian areas that have higher scenic values.
State Highway 18 in the Town and surrounding areas is not designated as a state scenic highway or classified as eligible. The Town’s Municipal Code includes separate provisions for the protection of trees, rock outcroppings, and historic buildings.
a-d) No Impact. The Housing Element Update is a policy document and will have no impact on aesthetics, scenic vistas or light and glare. In the future, development of individual housing projects will be reviewed on a case-by-case basis for potential impacts on scenic vistas and scenic resources. The Town’s building height limits in the Development Code and policies of the General Plan and Specific Plans prevent the construction of large buildings that block scenic vistas. Future projects will be required to adhere to applicable zoning and other regulations on scenic quality, and this Update proposes no change to these regulations. The Development Code requires protection of views and viewsheds for development in hillside areas (Municipal Code Section 9.71.060), and the General Plan Land Use Element also includes policies to ensure compatible development near designated open space lands. The Development Code also imposes requirements on light and glare such that it is directed away or shielded to prevent impacts on adjoining properties (Municipal Code Section 9.70.020). Overall, no impact is expected.
Mitigation: None required.
Monitoring: None required.
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2. AGRICULTURE AND FORESTRY
RESOURCES -- In determining whether impacts to
agricultural resources are significant environmental
effects, lead agencies may refer to the California
Agricultural Land Evaluation and Site Assessment
Model (1997) prepared by the California Dept. of
Conservation as an optional model to use in assessing
impacts on agriculture and farmland. Would the
project:
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the California
Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause
rezoning of, forestland (as defined in Public
Resources Code Section 12220(g)),timberland (as
defined by Public Resources Code Section 4526), or
timberland zoned Timberland Production (as defined
by Government Code Section 51104(g))?
d) Result in the loss of forest land to non-forest use? e) Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or
forest land to non-forest use?
Sources: Apple Valley General Plan 2009; Apple Valley Development Code, as amended; California Department of Conservation, Farmland Mapping & Monitoring Program, 2016.
Background
The Town of Apple Valley contains no forest lands. Land historically used for agricultural purposes has trended toward animal keeping and equestrian activities. The Residential Agriculture (R-A, 1 du/2.5 gross acres) zoning designation allows the continued operation of agricultural uses in areas previously zoned for agriculture by the County in the Deep Creek area.
a-e) No Impact. The Housing Element will not result in the construction of additional housing, as it is a policy document only. There are no forestry resources in Town limits, nor are there any forestry land use designations in the Town’s General Plan. The sites identified for future housing in the Vacant Land Inventory are zoned as Very Low Density Residential, Multi-Family Residential or Mixed Use, which do not allow agricultural uses. The identified housing sites are not adjacent to any lands zoned as Residential Agriculture, which are located on the southern Town boundary. The majority of the identified housing sites are classified as Urban and Built-Up Land or Other Land, though some are classified as Grazing Land by the Farmland Mapping and Monitoring Program of the California Department of Conservation. These sites are currently vacant and have been designated for urban uses since adoption of the Town’s 2009 General Plan. None of these sites are near any Prime Farmland, Unique Farmland, or Farmland of Statewide Importance designated by the California Department of Conservation. The sites identified for future housing are not covered by a Williamson Act contract. Overall, this Housing Element Update will not result in any direct or indirect impact on any active or designated agricultural or forest land, nor would it result in the conversion of such land to non-agricultural or non-forest uses. Adoption of the Housing Element update will have no impact to agricultural and forestry resources.
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Mitigation: None required.
Monitoring: None required.
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3. AIR QUALITY – Where available, the
significance criteria established by the applicable
air quality management district or air pollution
control district may be relied upon to make the
following determinations. Would the project:
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non-attainment under an
applicable federal or state ambient air quality
standard?
c) Expose sensitive receptors to substantial
pollutant concentrations?
d) Result in other emissions (such as those leading
to odors) adversely affecting a substantial number
of people?
Sources: MDAQMD Rule Book; MDAQMD CEQA and Federal Conformity Guidelines; Apple Valley General Plan 2009.
Background
The Town of Apple Valley is in the Mojave Desert Air Basin under the jurisdiction of Mojave Desert Air Quality Management District (MDAQMD). MDAQMD is geographically the second largest of the 35 air districts in the State of California. All development within the Town is subject to MDAQMD’s 2016 “California Environmental Quality Act (CEQA) and Federal Conformity Guidelines.” MDAQMD operates and maintains six regional air quality monitoring stations throughout its jurisdiction. The nearest monitoring stations to the Town of Apple Valley are in Victorville and Hesperia.
Criteria air pollutants are contaminants for which state and federal air quality standards (California Ambient Air Quality Standards (CAAQS) and National Ambient Air Quality Standards (NAAQS)) have been established.
MDAQMD exceeds state and federal standards for ozone (O3) and PM10. As a result, MDAQMD has adopted federal attainment plans for ozone and PM10 under the federal Clean Air Act. Ambient air quality in the MDAQMD, including the Town of Apple Valley, does not exceed state and federal standards for carbon monoxide, nitrogen dioxides, sulfur dioxide, lead, sulfates, hydrogen sulfide, or visibility reducing particles. a) No Impact. The Housing Element Update is a policy document and will not generate any construction or development; therefore, it will have no direct impact on air quality.
According to MDAQMD’s 2016 CEQA and Federal Conformity Guidelines, a project is considered nonconforming if it conflicts with or delays implementation of any applicable attainment or maintenance plan.
A project is conforming if it complies with all applicable District rules and regulations, complies with all proposed control measures that are not yet adopted from the applicable plan(s), and is consistent with the growth forecasts in the applicable plan(s), or is directly included in the applicable plan. Conformity with growth forecasts can be established by demonstrating that the project is consistent with the land use plan that was used to generate the growth forecast.
MDAQMD works directly with the San Bernardino County Association of Governments (SANBAG), San Bernardino County Transportation Authority (SBCTA), and local governments, and cooperates actively with all state and federal government agencies. SBCTA adopted the 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (2020 RTP/SCS) developed by the Southern California Association
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of Governments (SCAG). The Demographics & Growth Forecast Technical Report of the RTP/SCS forms the basis of land use and transportation controls of air quality management plans. An example of a nonconforming project would be one that increases the gross number of dwelling units, increases the number of trips, and/or increases the overall vehicle miles traveled in an affected area relative to the applicable land use plan.
The Vacant Land Inventory in this Housing Element Update includes sites zoned as Very Low Density Residential, Multi-Family Residential or Mixed Use in the central and southern portions of the Town. All the sites in the inventory will be developed according to their General Plan and zoning designations.
Therefore, the proposed Update is considered consistent with the growth forecast in the 2020 RTP/SCS and is not expected to conflict with any air quality plan.
b-d) No Impact. As future housing development is proposed, the Town will undertake CEQA review on an individual project level and assess potential impacts on air quality for each project, including emissions of criteria pollutants, pollutant concentrations near sensitive receptors, and emissions of odors. Mitigation measures will be implemented as necessary in compliance with MDAQMD rules and Town requirements.
All future projects will be required to comply with MDAQMD rules and guidelines. Typical measures include, but are not limited to, implementation of a dust control and management plan in conformance with MDAQMD Rule 403.2, phased application of architectural coatings and the use of low-polluting architectural paint and coatings per MDAQMD Rule 1113. In addition, the 2019 and later editions of the California Building Code will reduce air quality impacts during project operation by imposing more stringent energy efficiency standards, which will reduce regional emissions associated with energy production.
According to the MDAQMD CEQA and Federal Conformity Guidelines, residences, schools, daycare centers, playgrounds and medical facilities are considered sensitive receptor land uses. The Housing Element Update will ultimately allow the development of additional housing which will add to the sensitive receptors in the Town. However, should a use be proposed adjacent to these sensitive receptors which could emit high levels of pollutants, such as an industrial development or a gasoline service station, the CEQA analysis for these uses will require that their impacts to adjacent sensitive receptors, if any, be considered and mitigated.
In general, residential development does not create substantial odor. The sites identified for future housing are located within 100 feet of existing sewer trunk lines, which will facilitate future sewer connections and replacement of septic tanks, where applicable. If housing projects are proposed in areas without convenient access to the sewer system, they will likely require on-site wastewater treatment plants. The Town’s Municipal Code Section 10.01.060 requires that onsite wastewater treatment systems (OWTS) be installed in conformance with the State Water Resources Control Board, OWTS Policy and the Town of Apple Valley Local Area Management Program. Implementation of standard requirements will prevent significant impacts associated with odors. The proposed Update will not result in odor impacts.
Mitigation: None required.
Monitoring: None required.
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4. BIOLOGICAL RESOURCES -- Would the project: Potentially Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the
California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Wildlife or US Fish
and Wildlife Service?
c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat conservation plan?
Sources: Apple Valley General Plan 2009; Notice of Preparation of Environmental Impact Report (EIR) for the Apple Valley MSHCP/NCCP, Town of Apple Valley, April 2021.
Background
Apple Valley is in the southwestern portion of the Mojave Desert and supports a range of natural vegetation communities and biological species, including endangered, threatened, and special status species. The Mojave River on the west side of Town is a federally regulated waterway that contains several associated tributary dry washes including the Bell Mountain/Knolls wash. Other watercourses in the Town flow into the Apple Valley Dry Lake, most of which are considered ephemeral as they rarely contain overland water flow and generally have poorly defined banks.
a-f) No Impact. The adoption of the Housing Element Update will have no impact on biological resources. This Update does not expand new housing sites beyond what is currently allowed under the General Plan.
The Apple Valley Multispecies Habitat Conservation Plan/Natural Community Conservation Plan (MSHCP/NCCP) has been drafted, and a Notice of Preparation of an Environmental Impact Report (EIR) was issued in April 2021. Upon approval, the MSHCP/NCCP will guide the Town’s conservation efforts and streamline the environmental permitting process. The entire Town is within the boundaries of the MSHCP/NCCP.
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The Town is also within the boundaries of the West Mojave Plan. The habitat conservation plan conserves and protects approximately one hundred (100) sensitive species and the natural communities of which they are a part and streamlines the environmental permitting process. Currently, the West Mojave Plan applies only to federal land.
The sites identified for future housing in the Vacant Land Inventory are classified as Urban/Rural in the Town’s General Plan (Exhibit III-5 Natural Communities by Vegetation Type) and surrounded by the same type. Given the surrounding urban environment and disturbance on- and off-site, the future housing sites are unlikely to host sensitive species or communities. Vegetation onsite, however, may provide limited habitat for bird species protected under the Migratory Bird Treaty Act (MBTA). The Town will require, when appropriate, the preparation of biological resource studies for individual housing projects as they are proposed in the future and implementation of necessary mitigation measures consistent with the MSHCP/NCCP upon its adoption.
The sites identified for future housing are not known to contain any wetlands or riparian habitat. The sites are not located in or near important linkage areas such as the Mojave River corridor, washes between Turtle and Black Mountains, Fairview Mountain, the Granite Mountains, and the Juniper Flat foothills located within the San Bernardino Mountains. Project-level biological resource studies will also review potential impacts regarding jurisdictional waters, wildlife corridors and nursery sites and recommend necessary mitigation measures. Future projects will also be subject to provisions in the Municipal Code Chapter 9.76 regarding protection of native trees. With implementation existing standard requirements, no new impact would occur as a result of this Update on biological resources.
Mitigation: None required.
Monitoring: None required.
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5. CULTURAL RESOURCES -- Would the
project:
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Cause a substantial adverse change in the
significance of a historical resource pursuant to §
15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant
to § 15064.5?
c) Disturb any human remains, including those
interred outside of dedicated cemeteries?
Source: Apple Valley General Plan 2009.
Background
The Mojave Desert has a prehistory dating back to 8,000 B.C. or earlier. The Town of Apple Valley is located near the boundary between the traditional territories of the Serrano and Vanyume peoples. Archaeological sites in the region are typically related to subsistence activities and contain fragments of metates, scrapers, and projectile points.
The first permanent settlement in Apple Valley was a cattle ranch established in 1870. Sustained growth began in the post-World War II era with marketing campaigns that sold thousands of residential and commercial properties.
The historic Village area along Highway 18 was one of the principal commercial districts in Town. a-c) No Impact. The Housing Element Update is a policy document and will have no impact on cultural resources. Sites identified for future housing in the Vacant Land Inventory do not contain any historic structures. Archaeological resources appear to be more concentrated along the Mojave River, which had provided subsistence resources for Native American tribes. None of the identified housing sites are located in or near Areas of Elevated Sensitivity for prehistoric sites as identified in the General Plan (Exhibit III7).
As individual housing projects are proposed in the future, the Town will consult with interested tribes on potential cultural resources pursuant to AB 52 and/or SB 18 and require the preparation of a cultural resource study if the proposed project has the potential to negatively impact sensitive cultural resources.
The consultation process is detailed in Section 18, Tribal Cultural Resources. Should housing development be proposed on sites with historic and/or archaeological resources in the future, any potential impact will be addressed in the project-specific cultural resource study and environmental review in compliance with standard requirements and General Plan policies.
There are no known burial sites or cemeteries on sites designated for housing in the Vacant Land Inventory.
The Town will continue to require future projects to abide by California law, should human remains be identified on a site being prepared for housing development. California Public Resources Code Section 5097.98 requires that if remains are uncovered, all work in the vicinity of the site should be stopped and that there will be no disposition of the remains unless proper procedures are followed as required by the law.
Overall, no impact is expected.
Mitigation: None required.
Monitoring: None required.
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6. ENERGY -- Would the project: Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Result in potentially significant environmental
impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?
Source: Apple Valley General Plan 2009; Apple Valley Climate Action Plan, 2019 Update.
Background
Primary energy sources include fossil fuels (oil, coal and natural gas), nuclear, and renewable sources such as wind, solar, geothermal, and hydropower. The Town is within the service boundaries of Southern California Edison (SCE) for electricity and the Southwest Gas Corporation (SWG) for natural gas.
The Apple Valley Choice Energy (AVCE) program, implemented in 2017, allows Town residents to receive energy with a higher renewable content than is currently provided by the franchised utility (SCE). The minimum renewable energy content for AVCE customers is 35%, and an alternate selection of 50% renewable energy content is available.
The Town also promotes Net Energy Metering (NEM) for customers with rooftop solar by offering a premium buyback rate that is nearly double the SCE rate.
The Town recently updated its Climate Action Plan, which provided myriad emission reduction measures in transportation, energy efficiency and renewable energy for both municipal and community-wide activities. a-b) No Impact. The adoption of the Housing Element Update will have no impact on energy resources and energy efficiency. Construction and renovation of housing is required to conform to the California Building Code, including the California Energy Code and California Green Building Standards Code (CALGreen), which serves to ensure the economical and wise use of energy resources during construction and operational phases. The Town’s energy providers, SCE and SWG, have both committed to increasing efficiency and renewable energy generation and enforce relevant state energy standards. The Housing Element identifies energy conservation opportunities for Town residents and future housing development, including the Residential Rehabilitation Loan Program that provides no interest deferred loans to improvements including energy conservation upgrades. The AVCE program provides more clean energy to existing and future residents and offers alternatives with higher renewable energy content.
Future housing developments would generate traffic and require the consumption of petroleum-based fuels related to vehicular travel. Although future housing projects have the potential to result in a direct increase in Town-wide VMTs, the Update will not interfere with evolving fuel efficiency standards and will not result in wasteful, inefficient, or unnecessary consumption of transportation energy resources.
Implementation of the California Building Code and voluntary energy efficiency and renewable energy programs will ensure that no wasteful, inefficient, or unnecessary consumption of energy resources will occur. The Update promotes energy efficiency and renewable energy programs for future housing development and renovation, and will not conflict with or obstruct a state or local plan for energy efficiency or renewable energy.
Mitigation: None required.
Monitoring: None required.
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7. GEOLOGY AND SOILS -- Would the project: Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of
topsoil?
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a result
of the project, and potentially result in on- or offsite landslide, lateral spreading, subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code
(1994), creating substantial direct or indirect risks
to life or property?
e) Have soils incapable of adequately supporting
the use of septic tanks or alternative wastewater
disposal systems where sewers are not available for
the disposal of wastewater?
f) Directly or indirectly destroy a unique
paleontological resource or site or unique geologic
feature?
Sources: Apple Valley General Plan 2009; Apple Valley Local Hazard Mitigation Plan, 2017 Plan Update.
Background
The geologic composition of Apple Valley is gently sloping alluvial fans bounded by mountains on the north, east, and south. The wide floodplain of the Mojave River generally defines the western boundary. These features have been shaped by large active fault systems, including the North Frontal, Helendale, and San Andreas faults and fault zones. Portions of the Town are susceptible to seismically induced hazards, including liquefaction and slope instability, and other geologic hazards such as wind erosion. a-f) No Impact. The Housing Element Update is a policy document and will have no impact on geology and soils. No Alquist-Priolo Earthquake Fault Zones are mapped in the Town of Apple Valley. However, Apple Valley is in a seismically active region. The nearest faults are the Helendale (South Lockhart) and North Frontal (West) faults, which are capable of generating magnitude 7.3 and 7.2 earthquakes, respectively.
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Old Woman Springs faults, also have the potential to produce strong ground shaking in Apple Valley. To mitigate for potential impacts from strong groundshaking, the Town enforces stringent building requirements including the most recent California Building Code regarding seismic safety specifications.
Ground failure can take the form of landslides, liquefaction and associated lateral spreading. The Apple Valley General Plan (Exhibit IV-2) shows areas along the southwestern Town boundary that have a potential for liquefaction. Sites identified for housing in the Vacant Land Inventory are located on the central and southern sides of the Town, and are not located in or near areas with a liquefaction potential.
Neither are these identified housing sites within or near areas identified with potential rockfall and landslide hazards (General Plan Exhibit IV-2).
According to the General Plan, the Town of Apple Valley is susceptible to wind erosion, runoff, and sedimentation. Future development facilitated by the Housing Element Update will involve ground disturbance, which has the potential to increase soil erosion. Contractors will be required to implement project-specific dust control management plans as part of the grading permit process to minimize potential impacts caused by blowing dust and sand during construction (Municipal Code Section 9.70.020 Performance Standards). Housing development on sites identified in the Vacant Land Inventory will result in new structures, paved roads and parking areas, new landscaping, and otherwise stabilized surfaces, which will help resist erosion.
According to the General Plan, subsidence studies determined that no ground subsidence has been detected in Apple Valley. The risk of collapsible soils and settlement can depend on site-specific characteristics.
These potential hazards should be evaluated on a site-specific basis as part of geotechnical studies for future development. Mitigation can be accomplished through a variety of design, engineering, and construction methods. Building and seismic code requirements assure that the potential impact associated with unstable soils is reduced to less than significant levels through thoughtful site planning, and conventional site preparation techniques such as over-excavation, hydro-consolidation, and compaction.
The Town is primarily underlain by young alluvium composed of unconsolidated to moderately consolidated silt and sand. Expansive soils are limited to finer-grained sediments that have a clay component. As a result, the potential for expansive soils is generally low. Future housing development will be required to identify potential expansive soils through site-specific geotechnical investigations, which will provide mitigation measures where necessary.
The Town adopted a Sewer Connection Policy in 2006 that requires new development to connect with sewer facilities where the parcel is within one-half mile of existing sewer facilities. The sites identified for housing in the Vacant Land Inventory are located within 100 feet of existing sewer trunks, and will be required to connect with sewer facilities. No impact associated with septic tanks or alternate wastewater disposal systems would occur.
The sites identified for housing in the Vacant Land Inventory are located on the valley floor where soils to depth are largely comprised of recently deposited aeolian and alluvial sediments that typically do not harbor paleontological resources. These sites are not located in proximity to either a wash outflow or bedrock that could harbor such resources, nor are they of lacustrine origin. Any potential impact as a result of future housing development will be addressed in site-specific environmental review and technical studies, where necessary.
Mitigation: None required.
Monitoring: None required.
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8. GREENHOUSE GAS EMISSIONS -- Would
the project:
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a significant
impact on the environment?
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing the
emissions of greenhouse gases?
Sources: Apple Valley General Plan 2009; Apple Valley Climate Action Plan, 2019 Update; MDAQMD CEQA and Federal Conformity Guidelines.
Background
Greenhouse gases (GHG), including carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), and fluorinated gases (hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride), are released into the atmosphere through natural processes and human activities. They are called “greenhouse gases” due to their common ability of trapping heat, and they are believed to be responsible for overall increases in global surface temperatures observed in the 20th and 21st centuries. Sources of GHGs include burning of fossil fuels, emission of volatile gases including and especially natural gas, and other chemical compounds.
The Apple Valley Climate Action Plan Update (2019) evaluates Town-wide GHG emissions, determines reduction targets and forecasts, and establishes reduction measures for community development, municipal operations, and new development.
GHG Thresholds
According to the MDAQMD CEQA and Federal Conformity Guidelines, the annual threshold for greenhouse gases is 100,000 tons CO2e annually, and 548,000 pounds daily. a, b) No Impact. The Housing Element Update is a policy document and will have no impact on greenhouse gas emissions, as it will not generate any construction or development. The Housing Element identifies programs offered by the Town and other agencies that help reduce GHG emissions, which will reduce project-level GHG emissions.
The Town implements policies and measures outlined in the 2019 Climate Action Plan Update; those applicable to housing development and rehabilitation include energy efficiency building technologies, alternative transportation and renewable energy. As future housing projects are proposed, the Town will undertake CEQA review, and assess potential impacts for each project on greenhouse gas emissions using the GHG thresholds established by MDAQMD.
Mitigation: None required.
Monitoring: None required.
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9. HAZARDS AND HAZARDOUS MATERIALS --
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the environment?
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
g) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or death involving wildland fires?
Sources: Apple Valley General Plan 2009; California Department of Toxic Substances Control “EnviroStor” Database; Town of Apple Valley Airport Comprehensive Land Use Compatibility Plan, March 1995; Fire and Resources Assessment Program (FRAP) Fire Hazard Severity Zone Viewer, California Department of Forestry and Fire Protection, accessed November 2021; Apple Valley Local Hazard Mitigation Plan, 2017 Plan Update.
Background
A hazardous material is any substance that, because of its quantity, concentration, or physical or chemical properties, may pose a hazard to human health and the environment. Under Title 22 of the California Code of Regulations (CCR), the term “hazardous substance” refers to both hazardous materials and hazardous wastes. They are classified according to four properties: (1) ignitability; (2) corrosivity; (3) reactivity; and (4) toxicity. A hazardous material is defined as a substance or combination of substances which may either (1) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
a-g) No Impact. The Housing Element Update is a policy document and will not impact hazards or hazardous materials. Future housing development will be required to assess potential impacts as part of the CEQA process, but these potential impacts are likely to be negligible, since housing development does not generate significant use, storage or transport of hazardous materials. There are many schools in the Town, and some are adjacent to or near sites designated for housing in the Vacant Land Inventory. However, housing
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development typically generates minimal hazardous materials which are governed by local and regional regulations.
According to the California Department of Toxic Substances Control EnviroStor Database, the sites identified for housing in the Vacant Land Inventory do not occur on sites identified by the state as now having or previously having hazardous materials issues.
The identified housing sites are not located in or near any Airport Overlay District identified in the Apple Valley Airport Comprehensive Land Use Compatibility Plan, nor are they in or near any noise contours identified by the plan. No other airports or private airstrips are located within two miles of any identified housing sites. Therefore, the Housing Element Update will not result in a safety hazard or excessive noise for future residents and employees on identified housing sites.
The Apple Valley Local Hazard Mitigation Plan (2017) is the Town’s plan for reducing and/or eliminating natural disaster risks. It evaluates and prioritizes hazards associated with flooding, wildfire, earthquake/geologic conditions, extreme heat, and climate change. The Town’s Emergency Operations Plan (EOP) (2014) guides its response to large-scale emergencies and disasters. The General Plan Emergency Preparedness Element identified evacuation routes in the Town, including Central Road, Highway 18, and Bear Valley Road. Housing projects will occur on the Town’s existing street system, which is already developed. For each individual housing project proposed in the future, a Construction Traffic Control Plan may be required in coordination with the Town’s Public Works Division to ensure traffic safety and preservation of emergency/secondary access during all development activities. The site plans and emergency access for each individual project will be subject to approval by the Fire Protection District and Police Department to ensure adequate emergency access. No impact to emergency access or evacuation routes is anticipated.
According to CALFire Fire Hazard Severity Zone mapping, the majority of the Town is in a Local Responsibility Area (LRA). There are no State Responsibility Areas (SRA) or very high fire hazard severity zones (VHFHSZ) in the Town. Because sites identified for future housing are not in or near any fire hazard zones, no impact regarding wildfires would occur. The Housing Element will facilitate development and redevelopment of housing units; however, it is not expected to exacerbate fire risks because all structures and improvements will be required to adhere to applicable fire codes and will be subject to review by the Fire Protection District. No impact would occur.
Mitigation: None required.
Monitoring: None required.
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10. HYDROLOGY AND WATER QUALITY --
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Violate any water quality standards or waste
discharge requirements or otherwise substantially
degrade surface or groundwater quality?
b) Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge such
that the project may impede sustainable groundwater
management of the basin?
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would:
i) Result in substantial erosion or siltation on- or
off-site?
ii) Substantially increase the rate or amount of
surface runoff in a manner which would result in
flooding on- or offsite?
iii) Create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted runoff?
iv) Impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project inundation?
e) Conflict with or obstruct implementation of a water
quality control plan or sustainable groundwater
management plan?
Source: Apple Valley General Plan 2009; LAFCO 3187 Countywide Service Review for Water (Wholesale, Retail, Recycled), LAFCO for San Bernardino County, July 19, 2017; Liberty Utilities – Apple Valley 2020 Urban Water Management Plan Final Draft, June 2021; National Flood Hazard Layer Viewer, Federal Emergency Management Agency, accessed November 2021; Apple Valley Emergency Operations Plan (Appendix 7), November 1, 2014.
Background
Drainage from many of the hills and mountains surrounding Apple Valley generally terminates in desert playas (dry lakes), while drainages along the western side of the Town discharge into the Mojave River. Designated flood zones are generally associated with the Mojave River, Desert Knolls Wash, and Apple Valley Dry Lake. Three types of storm events have the potential to cause flooding in Apple Valley: winter storms, summer tropical storms, and local thunderstorms. Several historic storms have resulted in flooding, mud flows, and erosion.
Liberty Utilities provides domestic water service to the majority of Apple Valley and sources 100% groundwater for its water supply. Other water service providers in the Town include Golden State Water Company, Navajo Mutual Water Company and County Service Area 64, and their service areas are generally along the perimeter of the Town.
The Town owns and operates a relatively new municipal sewer collection system, which does not cover the entire Town yet. The Town’s sewer system conveys wastewater to the Regional Wastewater Reclamation Facility (RWWRF) operated by Victor Valley Wastewater Reclamation Authority (VVWRA) in Victorville. A treatment facility has also been recently constructed to serve the Town.
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a-e) No Impact. The adoption of the Housing Element Update will have no impact on water resources. The Update is a policy document and does not involve the construction of any new housing units. The Town, VVWRA, Liberty Utilities and other water providers implement all water quality standards and waste discharge requirements to prevent contamination of water sources during construction and operation.
Currently, certain areas in the Town use septic tanks, which are regulated by the Regional Water Quality Control Board (RWQCB) to ensure they do not pollute the groundwater basin. The Town adopted a Sewer Connection Policy in 2006 that requires new development to connect with sewer facilities where the parcel is within one-half mile of existing sewer facilities. Future housing developments will be reviewed under CEQA to assure that they meet the standard requirements.
The majority of future housing development, including on sites identified for housing in the Vacant Land Inventory will receive water service from Liberty Utilities. The Liberty – Apple Valley system currently sources 100% of its water from the Mojave groundwater basin, which is recharged through natural means and imported water from the State Water Project. According to its 2020 Urban Water Management Plan (UWMP), based on historical and on-going management practices, Liberty Utilities will be able to rely on the Mojave Basin Area for adequate supply over the next 25 years during a normal year, a single-dry year and a five consecutive year drought. The identified housing sites are expected to develop under the designations of the Town’s 2009 General Plan; therefore, the water demand is addressed in the UWMP.
Future housing development will be subject to water conservation requirements in the Municipal Code (Chapter 6.40) such as efficient irrigation and water efficient appliances. Therefore, the proposed Housing Element Update will not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan.
The Town requires that all proposed development shall capture, retain and infiltrate 100% of a 100-year one hour storm event that falls on the site, or as determined by the Town Engineer (Municipal Code Section
9.28.100). Additional provisions are in place to ensure that future development will not exacerbate runoff related impacts to downstream properties. Town and Regional Water Quality Control Board review will ensure that construction and operational best management practices (BMPs) satisfy local, state, and federal standards. In addition, the Town would require preparation of a Storm Water Pollution Prevention Plan (SWPPP) in conformance with the National Pollutant Discharge Elimination System (NPDES) prior to the issuance of grading permits for individual projects as they are proposed.
The majority of the Town is designated Zone D or Zone X on Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM). Zone D identifies areas of potential but undetermined flood hazards, as no analysis of flood hazards has been conducted, and Zone X identifies areas of minimal flood hazard. However, residential areas around the Desert Knolls Wash and Apple Valley Dry Lake are designated Zone A, which identifies areas of 100-year flood. Some sites identified for future housing are near the Apple Valley Dry Lake and located within 100-year flood zones. Flood protection measures are recommended by FEMA for property owners to implement and reduce flood damage, including: the installation of waterproof veneers on the exterior walls of buildings; putting seals on all openings, including doors, to prevent the entry of water; raising electrical components above the anticipated water level; and installing backflow valves that prevent sewage from backing up into the house through the drainpipes. The General Plan Flooding and Hydrology Element Policy 1.D requires that all new development within the Town incorporate adequate flood mitigation measures, including the adequate siting of structures located within flood plains, grading that prevents adverse drainage impacts to adjacent properties, and on-site retention of runoff. Impacts on individual housing projects will be analyzed and mitigated, where necessary, during the project-level CEQA review.
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The Town is located inland, well outside of any tsunami zones. Seiches due to seismic shaking could occur in the shallow lakes in and around the Town and minor sloshing of water out of the lakes and onto the immediately adjacent surrounding areas may occur. Sites identified for future housing are not near any large water bodies, and water tanks are required to implement seismic design per the American Water Works Association (AWWA) Standards for Design of Steel Water Tanks to reduce potential for seiches. The standard requirements on flood and drainage control would minimize the risk of release of pollutants in the unlikely event of project inundation on future housing development sites.
Mitigation: None required.
Monitoring: None required.
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11. LAND USE AND PLANNING - Would
the project:
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Physically divide an established community?
b) Cause a significant environmental impact due
to a conflict with any land use plan, policy, or
regulation adopted for the purpose of avoiding
or mitigating an environmental effect?
Sources: Apple Valley General Plan 2009; Apple Valley Development Code.
Background
Much of the urbanization in Apple Valley has occurred in the vicinity of Highway 18 and the Mojave River.
Outlying areas are undeveloped or sparsely developed with low or very low density residential development and ranchos. The area’s natural assets, including mountains, desert open space, and warm climate, have become progressively important to the local economy and environment, and contribute to the region’s character and desirability.
a-b) No Impact. The adoption of the Housing Element Update will have no impact on land use and planning.
The sites identified for future housing are all vacant. While some sites are in the corner of or adjacent to a residential area, none of them are expected to physically divide an established community based on location and size.
All the sites identified in the Vacant Land Inventory allow residential uses, and are expected to be developed under their General Plan and zoning designations. Future housing projects will be subject to the development standards set forth in the Development Code (Municipal Code Title 9) or effective Specific Plans. The Housing Element Update will not conflict with any land use plan, policy, or regulation. No impact would occur.
Mitigation: None required.
Monitoring: None required.
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12. MINERAL RESOURCES -- Would the
project:
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents of the state?
b) Result in the loss of availability of a locally
important mineral resource recovery site delineated
on a local general plan, specific plan or other land
use plan?
Sources: Apple Valley General Plan 2009.
Background
In Apple Valley, mineral resources are largely limited to aggregates, such as sand, gravel, and crushed stone. These are major components of concrete, plaster, stucco, road base, and fill, which are essential to the construction industry. There are important deposits of these materials that occur within the region that are being actively developed. The majority of the Town is classified as Mineral Resource Zone (MRZ) - 3a, defined as areas containing known mineral deposits of undetermined significance; small portions are designated as MRZ-1, defined as areas where available geologic information indicates that there is little likelihood that significant mineral resources exist.
Areas identified with significant mineral resources are along the western Town boundary. a, b) No Impact. The adoption and implementation of the Housing Element Update will have no impact on mineral resources. The Housing Element will facilitate housing development according to the General Plan and zoning designations, in areas where residential uses are permitted rather than mining. Sites identified for future housing in the Vacant Land Inventory are located in MRZ-3a and are not near any area identified with significant mineral resources. There will be no impact on mineral resources.
Mitigation: None required.
Monitoring: None required.
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13. NOISE -- Would the project result in:
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Generation of a substantial temporary or
permanent increase in ambient noise levels in
the vicinity of the project in excess of standards
established in the local general plan or noise
ordinance, or applicable standards of other
agencies?
b) Generation of excessive groundborne
vibration or groundborne noise levels?
c) For a project located within the vicinity of a
private airstrip or an airport land use plan or,
where such a plan has not been adopted, within
two miles of a public airport or public use
airport, would the project expose people
residing or working in the project area to
excessive noise levels?
Source: Apple Valley General Plan 2009; Apple Valley Development Code; Town of Apple Valley Airport Comprehensive Land Use Compatibility Plan, March 1995.
Background
Major noise sources in Apple Valley include vehicular traffic on highways and arterials, as well as aircraft, trains, and industrial operations. The Town has consistently implemented Land Use Compatibility for Community Noise Environments as provided in General Plan Table IV-4 over the years. The Town’s Noise Ordinance (Municipal Code Section 9.73) establishes community-wide noise standards and emphasizes the value of an acceptable noise environment.
a-c) No Impact. The adoption of the Housing Element Update, a policy document, will have no impact on noise.
Future housing development will be required to study noise issues as part of the CEQA and building permit processes. All sites identified for future housing in the Vacant Land Inventory are located in urban or suburban areas and adjacent to existing development. Typical noise sources include transportation-related such as highways and arterials, and stationary sources such as typical commercial and residential activities and landscaping equipment. The Town will require the preparation of site-specific noise studies to assess impacts from mobile and stationary noise sources, as appropriate. Should noise levels at future housing sites require mitigation, common mitigation measures include building setbacks, wall and window insulation, sound walls, earthen berms and landscape barriers as detailed in the General Plan Noise Element Program 1.A.2.
The construction of housing projects in the future may create temporary noise and vibration sources. The Town’s Municipal Code imposes noise standards and limits construction hours to the less sensitive day time hours (Municipal Code Section 9.73.060.F). The Town’s Noise Ordinance also includes provisions on vibration sources (Municipal Code Section 9.73.060.G). Individual projects will be reviewed under CEQA to determine whether their construction impacts will impact neighboring development and provide mitigation, where necessary.
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The identified housing sites are not located in or near any Airport Overlay District identified in the Apple Valley Airport Comprehensive Land Use Compatibility Plan, nor are they in or near any noise contours identified by the plan. There are no other airports or private airstrips within two miles of any identified housing sites. Therefore, the Housing Element Update will not expose people to excessive noise levels.
Mitigation: None required.
Monitoring: None required.
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14. POPULATION AND HOUSING –
Would the project: Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Induce substantial unplanned population growth
in an area, either directly (for example, by
proposing new homes and businesses) or indirectly
(for example, through extension of roads or other
infrastructure)?
b) Displace substantial numbers of existing people
or housing, necessitating the construction of
replacement housing elsewhere?
Sources: Apple Valley General Plan 2009; U.S. Census, 2000 and 2010; Table E-5: City/County Population and Housing Estimates, California Department of Finance, January 1, 2021; 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy, Demographics & Growth Forecast Technical Report, Southern California Association of Governments.
Background
According to the U.S. Census, the Apple Valley population increased from 54,239 in 2000 to 69,135 in 2010, approximately by 27.5%. The latest (2021) population estimate provided by the California Department of Finance is 74,350, which indicates a slower growth of around 7.5% over the last decade. SCAG projects the Town’s population will grow to 101,400 by 2045. In 2021, there were an estimated 27,173 housing units in Apple Valley.
Local housing products include a mix of single- and multi-family units and mobile homes. a-b) No Impact. The adoption of the Housing Element Update will have no impact on population or housing.
The Housing Element focuses on facilitation of housing development to meet existing and projected housing needs within the Town, but creates no immediate need for housing. The provisions of the Element will be implemented as growth and demand for housing occur, but will not induce any such growth. The Housing Element will facilitate housing development for all segments of the Town’s future population.
The Housing Element prioritizes future housing sites that are within close proximity to existing utility infrastructure such as water and sewer trunk lines. The Element does not propose extension of roads or other infrastructure in any area that may induce unplanned population growth.
The sites identified in the Vacant Land Inventory are vacant, and their development will not displace people or housing. No impact will occur.
Mitigation: None required.
Monitoring: None required.
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15. PUBLIC SERVICES –
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Would the project result in substantial adverse
physical impacts associated with the provision of
new or physically altered governmental facilities,
need for new or physically altered governmental
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service ratios, response times
or other performance objectives for any of the
public services:
Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
Source: Apple Valley General Plan 2009.
Background
Fire protection services are provided to the Town of Apple Valley by the Apple Valley Fire Protection District, and police protection is provided on a service contract basis by the San Bernardino County Sheriff’s Department. Public educational services are provided by the Apple Valley Unified School District (AVUSD). There are many private schools in Town providing childcare to K-12 education.
a) No Impact. The adoption of the Housing Element Update, a policy document, will have no impact on public services. Housing projects proposed in the future will be assessed under CEQA at individual project level, to determine whether they will impact public services. Since housing development sites in the Vacant Land Inventory are located in the urban/suburban areas of the City that already receive adequate public services, they are least likely to cause significant impacts on public services. Lands designated for housing are located out of any State Responsible Areas or Very High Fire Hazard Severity Zones (VHFHSZ) mapped by the California Department of Forestry and Fire Protection (CALFire). Future housing development will be subject to review by the Fire Marshall and Police Department to ensure that they provide adequate access for firefighter and police crew and equipment and incorporate adequate safety design. Projects in the future will be required to pay development impact fees such as fire, law enforcement facilities and school impact fees, which are designed to support the provision of public services and facilities.
Future housing projects will be required to dedicate land or pay in-lieu fees (exemptions and partial credit may apply) to the Town to ensure adequate park facilities and services in the Town.
Mitigation: None required.
Monitoring: None required.
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16. RECREATION – Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?
b) Does the project include recreational facilities or
require the construction or expansion of
recreational facilities, which might have an adverse
physical effect on the environment?
Source: Apple Valley General Plan 2009.
Background
The Town of Apple Valley offers a wide variety of recreational opportunities, including golf courses, bikeways, and parkland. The Town is also near thousands of acres of national, state, and regional park and wilderness lands, within which are miles of hiking, biking and equestrian trails. a-b) No Impact. The adoption of the Housing Element Update, a policy document, will have no impact on recreation. Future housing projects will be required to dedicate land or pay in-lieu fees (exemptions and partial credit may apply) to the Town to ensure adequate park and recreational facilities and services in the Town. Housing developments are encouraged to include onsite amenities for residents, which may qualify as partial credit toward the park in-lieu fees. These issues will be reviewed under CEQA as individual projects are proposed. Because the Update does not result in any new development, it will have no impact on recreational resources.
Mitigation: None required.
Monitoring: None required.
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17. TRANSPORTATION – Would the project: Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Conflict with a program, plan, ordinance or policy
addressing the circulation system, including transit,
roadway, bicycle and pedestrian facilities?
b) Conflict or be inconsistent with CEQA Guidelines §
15064.3, subdivision (b)?
c) Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
d) Result in inadequate emergency access?
Sources: Apple Valley General Plan 2009.
Background
Regional connectivity is provided by Interstate 15 (I-15) and State Highway 18. I-15 extends along the west side of Town in a northeast-southwesterly direction and connects the region to the San Bernardino metropolitan area to the southwest, and Barstow and Las Vegas to the northeast. Highway 18 is a principal commercial corridor in Apple Valley. It extends generally in an east-west direction and connects the region to Victorville and other high desert communities on the west, and Lucerne Valley and the Morongo Basin (via CA-247) to the east. a-d) No Impact. The Housing Element Update is a policy document and will not impact transportation. Future housing projects in the Town will be required to address project-specific traffic impacts in the CEQA review process. As future housing projects are proposed, they will be required to analyze potential traffic impacts and prepare traffic impact studies that include VMT analysis, where necessary. Further, the proposed projects will be required to comply with Town standards regarding roadway widths and improvements, parking, and emergency access, either through CEQA or through conditions of approval. The Town will also require payment of fair share for street improvements and developer impact fees as appropriate.
The sites identified for future housing in the Vacant Land Inventory occur on the Town’s developed street system, and will not interfere with the system. Most sites are close to bus stops served by Victor Valley Transit Authority and existing and proposed bike routes. The Town’s General Plan Circulation Element includes policiesthat require future development to construct sidewalks, bicycle lanes and recreational trails consistent with the Circulation Element. No impact is anticipated on alternative transportation.
Prior to construction of future housing projects, both the Fire Protection District and Police Department will review project-specific site plans to ensure safety measures are addressed, including emergency access and geometric design. No impact will occur regarding transportation hazards or inadequate emergency access.
Mitigation: None required.
Monitoring: None required.
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18. TRIBAL CULTURAL RESOURCES –
Would the project cause a substantial adverse
change in the significance of a tribal cultural
resource, defined in Public Resources Code §
21074 as either a site, feature, place, cultural
landscape that is geographically defined in terms of
the size and scope of the landscape, sacred place,
or object with cultural value to a California Native
American tribe, and that is:
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
i) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in
Public Resources Code section5020.1(k), or
ii) A resource determined by the lead agency, in
its discretion and supported by substantial
evidence, to be significant pursuant to criteria set
forth in subdivision (c) of Public Resources
Code § 5024.1. In applying the criteria set forth
in subdivision (c) of Public Resource Code §
5024.1, the lead agency shall consider the
significance of the resource to a California
Native American tribe.
Source: Apple Valley General Plan 2009.
Background
The Mojave Desert has a prehistory dating back to 8,000 B.C. or earlier. Apple Valley is located near the boundary between the traditional territories of the Serrano and Vanyume peoples. The Vanyume disappeared before 1900.
The Serrano primarily settled on elevated hills and ridges where water emerged from the mountains, but between the 1810s and 1834, most of the Serrano people were removed to nearby missions. The remaining Serrano died or were displaced during punitive expeditions in 1866-1870. Today, many Serrano descendants are affiliated with the San Manuel Band of Mission Indians, Morongo Band of Mission Indians, or Serrano Nation of Indians. i, ii) No Impact. The Town’s General Plan identified areas along the western and northern Town boundaries to have elevated sensitivity for prehistoric sites. The Town will require the preparation of a cultural resource study if a proposed project has the potential to negatively impact sensitive cultural resources.
The adoption of the Housing Element Update will have no impact on tribal cultural resources. The Town conducted AB 52 and SB 18 consultation and sent out written letters to nine tribes. The Town received two responses, and neither tribe requested consultation. As individual projects are proposed in the future, the Town will conduct government-to-government consultations with local tribes pursuant to AB 52 and SB 18 regarding potential tribal cultural resources that could occur on specific project sites.
No listed or eligible historical resources are known to occur on sitesidentified in the Vacant Land Inventory.
Should future housing development be proposed on sites with historic resources or potential tribal cultural resources, any potential impact will be addressed in the project-specific cultural resource study and CEQA process. Overall, no impact is expected.
Mitigation: None required.
Monitoring: None required.
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19. UTILITIES AND SERVICE SYSTEMS –
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Require or result in the relocation or
construction of new or expanded water, wastewater
treatment or storm drainage, electric power, natural
gas, or telecommunications facilities, the
construction or relocation of which could cause
significant environmental effects?
b) Have sufficient water supplies available to serve
the project and reasonably foreseeable future
development during normal, dry and multiple dry
years?
c) Result in a determination by the wastewater
treatment provider which serves or may serve the
project that it has adequate capacity to serve the
projects projected demand in addition to the
providers existing commitments?
d) Generate solid waste in excess of state or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment
of solid waste reduction goals?
e) Comply with federal, state, and local
management and reduction statues and regulations
related to solid waste?
Source: Apple Valley General Plan 2009; Liberty Utilities – Apple Valley 2020 Urban Water Management Plan Final Draft, June 2021; FINAL Interceptor Risk Analysis, prepared for: Victor Valley Water Reclamation Authority, June 2021.
Background
The Town is served by the following utility providers.
Utility Service Provider(s)
Electricity Apple Valley Choice Energy (AVCE)
Southern California Edison (SCE)
Natural gas Southwest Gas Corporation (SWG)
Water
Majority of Town: Liberty Utilities
Peripheral areas: Golden State Water Company,
Navajo Mutual Water Company and
County Service Area 64
Wastewater
Most parcels: Town of Apple Valley sewer and
Victor Valley Wastewater Reclamation Authority
Some parcels: septic systems
Solid waste AVCO Disposal, Inc. (a Burrtec company)
Telecommunications Frontier, Charter Spectrum
a-e) No Impact. The adoption of the Housing Element Update, a policy document, will not impact utilities and service systems as it will not generate construction or development directly. As future housing projects are proposed, potential impacts on utilities will be considered during the entitlement process and CEQA review.
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Liberty Utilities, as well as other water providers in Town, are responsible, under the California Water Code, for analyzing their current and future water supply, and assuring that sufficient supply is available to serve land uses within their service area, through the preparation of an Urban Water Management Plan (UWMP). The majority of future housing development, including on sites identified for housing in the Vacant Land Inventory will receive water service from Liberty Utilities. The Liberty – Apple Valley system currently sources 100% of its water from the Mojave groundwater basin, which is recharged through natural means and imported water from the State Water Project. According to its 2020 Urban Water Management Plan (UWMP), based on historical and on-going management practices, Liberty Utilities will be able to rely on the Mojave Basin Area for adequate supply over the next 25 years during a normal year, a singledry year and a five consecutive year drought. The 2020 UWMP used the Town’s General Plan land uses as a basis for planning. The identified housing sites are expected to develop under the designations by the Town’s 2009 General Plan; therefore, the water demand is addressed in the UWMP.
The municipal sewer system is relatively new and does not serve the entire Town yet. Some parcels rely on septic systems. Others are connected to the sewer system which conveys wastewater to the Regional Wastewater Reclamation Facility (RWWRF) operated by Victor Valley Wastewater Reclamation Authority (VVWRA) in Victorville. It currently treats approximately 10.7 million gallons per day (mgd) and has a design capacity of 18 mgd, with planned future expansions. 1 Therefore, it is expected to have available
capacity to manage additional wastewater generated by future development consistent with the Town’s General Plan.
As discussed in Section 10, Hydrology and Water Quality, future development will need to install onsite drainage systems to meet Town requirements on stormwater retention and avoid adverse impacts on the public drainage system.
The Town contracts with AVCO Disposal for provision of solid waste management and disposal services.
AVCO Disposal will charge a per unit fee on future housing units. Regional landfills have sufficient capacity to accommodate future development in the City.
The energy and telecommunications service providers also plan their infrastructure according to local development and population growth. All future housing projects will be required to analyze their demand for utility services at the individual project level.
The Housing Element Update will not result in any new development, and will have no impact on utilities and service systems.
Mitigation: None required.
Monitoring: None required.
1 FINAL Interceptor Risk Analysis, prepared for: Victor Valley Water Reclamation Authority, June 2021.
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20. WILDFIRE – If located in or near state
responsibility areas or lands classified as very high
fire hazard severity zones, would the project:
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan?
b) Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and thereby
expose project occupants to, pollutant
concentrations from a wildfire or the uncontrolled
spread of a wildfire?
c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines or
other utilities) that may exacerbate fire risk or that
may result in temporary or ongoing impacts to the
environment?
d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
Sources: Apple Valley General Plan 2009; Fire and Resources Assessment Program (FRAP) Fire Hazard Severity Zone Viewer, California Department of Forestry and Fire Protection, accessed November 2021; Town of Apple Valley Local Hazard Mitigation Plan, 2017 Update.
Background
The California Department of Forestry and Fire Protection (CALFire) ranks fire hazards of wildland areas in the state using four main criteria: fuels, weather, assets at risk, and level of service. The majority of Apple Valley is in a Local Responsibility Area (LRA). There are no State Responsibility Areas (SRA) or very high fire hazard severity zones (VHFHSZ) in the Town. The local areas with the most significant wildfire threats are the Marianas in the southern foothills and the Mojave Riverbed.
a-d) No Impact. The adoption of the Housing Element Update, a policy document, will have no impact on wildfire. The sites designated for housing in the Vacant Land Inventory are not in or near an SRA or VHFHSZ.
The Apple Valley Fire Protection District provides fire protection to the Town and maintains mutual aid agreements with Victorville, San Bernardino County Fire Department, and the Bureau of Land Management.
The Town maintains a Local Hazard Mitigation Plan that addresses the planned response to extraordinary emergency situations, including wildfires. The Town has established emergency evacuation routes including Highway 18, Central Road and Bear Valley Road. As future housing projects are proposed, they will be subject to review by the Fire Protection District for adequate emergency access. The Housing Element would not impair the adopted emergency response plan and is not expected to exacerbate wildfire risks.
Mitigation: None required.
Monitoring: None required.
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21. MANDATORY FINDINGS OF
SIGNIFICANCE
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Does the project have the potential to
substantially degrade the quality of the
environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community,
substantially reduce the number or restrict the
range of a rare or endangered plant or animal or
eliminate important examples of the major periods
of California history or prehistory?
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively considerable" means
that the incremental effects of a project are
considerable when viewed in connection with the
effects of past projects, the effects of other current
projects, and the effects of probable future
projects)?
c) Does the project have environmental effects,
which will cause substantial adverse effects on
human beings, either directly or indirectly?
a-c) No Impact. The adoption of the Housing Element Update will not impact the environment. As identified in this document, there will be no biological or cultural resources impacts, nor will adoption impact human beings. The Housing Element is consistent with the balance of the General Plan, and housing development facilitated by the Element will not impact long term environmental goals. All sites identified for housing will be developed according to their General Plan and zoning designations. Cumulative impacts, if any, have been addressed in the General Plan and its associated environmental documentation and will also be considered at individual project level as projects are proposed under the Housing Element policies.
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REFERENCES
Apple Valley Climate Action Plan, 2019 Update
Apple Valley Development Code, as amended
Apple Valley Emergency Operations Plan, November 1, 2014 Apple Valley General Plan 2009
Apple Valley Local Hazard Mitigation Plan, 2017 Plan Update California Department of Conservation, Farmland Mapping & Monitoring Program, 2016 California Department of Toxic Substances Control “EnviroStor” Database California State Scenic Highway System Map and List, Caltrans Flood Insurance Rate Maps No. 06071C5840H, 06071C5845H, 06071C6505J, and 06071C6510H, Federal Emergency Management Agency (FEMA)
LAFCO 3187 Countywide Service Review for Water (Wholesale, Retail, Recycled), LAFCO for San Bernardino County, July 19, 2017
Liberty Utilities – Apple Valley 2020 Urban Water Management Plan Final Draft, June 2021 Mojave Desert Air Quality Management District Rule Book Mojave Desert Air Quality Management District CEQA and Federal Conformity Guidelines National Flood Hazard Layer Viewer, Federal Emergency Management Agency, accessed November 2021 Notice of Preparation of Environmental Impact Report (EIR) for the Apple Valley MSHCP/NCCP, Town of Apple Valley, April 2021
Table E-5: City/County Population and Housing Estimates, California Department of Finance, January 1, 2021 Town of Apple Valley Airport Comprehensive Land Use Compatibility Plan, March 1995 U.S. Census, 2000 and 2010
Fire and Resources Assessment Program (FRAP) Fire Hazard Severity Zone Viewer, California Department of Forestry and Fire Protection, accessed November 2021
2020-2045 Regional Transportation Plan/Sustainable Communities Strategy, Demographics & Growth Forecast Technical Report, Southern California Association of Governments
Town Council Agenda Report
Date: March 8, 2022
To: Honorable Mayor and Town Council
Subject: DEVELOPMENT CODE AMENDMENT MODIFYING SECTION
9.71.040(A)(8)(C) OF THE DEVELOPMENT CODE PERTAINING TO
EXTENSIONS OF TIME FOR TENTATIVE MAPS, AND SECTIONS
9.17.100(A) AND 9.17.110(A) PERTAINING TO APPROVALS AND
EXTENSIONS FOR DEVELOPMENT PERMITS
From: Douglas Robertson, Town Manager
Submitted by: Daniel Alcayaga, AICP, Planning Manager
Planning
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Move to open the public hearing and take testimony. Close the public hearing.
Then:
A. Determine that, pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act (CEQA), the project is exempt from environmental review because the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question, the proposed Specific Plan Amendment, may have a significant effect on the environment, the activity is not subject to CEQA.
B. Find the facts presented within the staff report, including the attached Planning Commission Resolution No. 2022-001 adopted February 2, 2022, support the required Findings for approval of the proposed Development Code Amendment and adopt the Findings.
C. Move to waive the reading of Ordinance No. 552 in its entirety and read by title only.
D. Introduce Ordinance No. 552 approving Development Code Amendment No.
2022-001; and
E. Direct staff to file a Notice of Determination with the San Bernardino County Clerk of the Board.
BACKGROUND
The intent of this Development Code Amendment is to make the life of approvals and expiration dates consistent for all Development Permits, Special Use Permits, Conditional Use Permits, Tentative Tract Maps, and Tentative Parcel Maps. The Development Code currently provides varying approvals and expiration dates of either two or three years and allows subdivisions to expire a year earlier than other land use entitlements or permits.
The Amendments will provide such land use entitlements to expire within three years of the approval date and will qualify for two, two-year extensions. Under the Amendments, subdivisions associated with an adopted Specific Plan would be granted the maximum six years allowed by the Subdivision Map Act. This is because Specific Plans are long range documents/plans involving specialized land use and infrastructure plans. The Amendments are consistent with Section 66452.6(e) of the California Subdivision Map Act that allows the Town to extend tentative maps for a period not to exceed a total of six years beyond the original expiration date.
ANALYSIS
As currently written in the Development Code, Development Permits (DP) as well as Special Use Permits (SUP) and Conditional Use Permits (CUP) have a total life of seven years, as shown on Table 1. This includes the original life of the approval, plus two extensions. For subdivisions (i.e. tentative maps), the Development Code provides tentative tract and tentative parcel maps a total of six years of life. This includes three years as part of the original approval, plus a three-year extension, as shown in Table 1.
Table 1
Total Life of Land Use Entitlements (Existing Code)
Original
Approval
1 st Extension 2nd Extension
DP (Section
9.17.110)
2 3 2
SUP/CUP
(Section
9.16.155)
3 2 2
Subdivisions 3 3
It is common that a development proposal will include all, or a combination, of the land use entitlements shown in Table 1. In such cases, varying timeframes causes some confusion and inconsistencies as the total life of the approvals are different – six years for subdivisions vs. seven years for DP/SUP/CUPs.
In the case of the Gateway Project, the associated DP and SUP which was already extended twice will expire on April 6, 2023, but their Tentative Parcel Map expires April 6, 2022 (a year earlier than the approved DP and SUP). The Development Code Amendment will modify Section 9.71.040(A)(8) to align the life of subdivisions to match the seven years provided to DPs, SUPs, and CUPs, as shown in Table 2.
Table 2
Total Life of Land Use Entitlements (Recommended Code)
Original
Approval
1 st Extension 2nd Extension
DP (Section
9.17.110)
3 2 2
SUP/CUP
(Section
9.16.155)
3 2 2
Subdivisions 3 2 2
Recommendation:
On February 2, 2022, the Planning Commission unanimously recommended that Town Council amend the Development Code as follows (changes in red):
Amend Section 9.71.040(A)(8)(c) to state the following:
Time Limit of Extensions. Any extension(s) of a Tentative Map approval shall not exceed an aggregate of three (3) four (4) years beyond the original expiration date., and six years for tentative maps associated with an adopted Specific Plan.
Extensions issued under this sub-section shall be in two-year increments.
Amend Section 9.17.100(A) to state:
Expiration. A Development Permit approval shall expire two (2) three (3) years following the date the permit is issued unless it is otherwise conditioned or unless prior to the expiration of two (2) three (3) years:
Amend Section 9.17.110(A) to state:
A. Upon written request received no later than sixty (60) days prior to the original expiration date, the Community Development Director may grant an automatic Extension of Time to an approved Development Permit. The Development Permit may be extended beyond the applicable expiration date by three (3) two (2) years.
NOTICING:
Development Code Amendment No. 2022-001 was advertised as a Town Council public hearing in the Apple Valley News newspaper on February 25, 2022.
ENVIRONMENTAL ASSESSMENT:
Pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act (CEQA), the project is exempt from environmental review because the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question, the proposed Specific Plan Amendment, may have a significant effect on the environment, the activity is not subject to CEQA.
REQUIRED FINDINGS:
In considering any Development Code Amendment, the Council is required by the Municipal Code to make special Findings. The following are the Findings for an amendment to the Development Code as required under Section 9.06.060 and a comment to address each:
1. The proposed Amendment is consistent with the General Plan; and Comment: The General Plan is the blueprint for the community’s future growth.
Specific Goals and Objectives are provided within each of the adopted General Plan’s State mandated elements. The proposed amendment would facilitate eCommerce fulfillment and distribution centers development and maintains the quality of development characteristic of new construction within the Town.
2. The proposed Amendment will not be detrimental to the public health, safety or welfare of the Town or its residents.
Comment: The proposed Amendment will allow eCommerce fulfillment and distribution centers development with the CR District, while still ensuring that the community’s existing high quality of design and aesthetic integrity will be preserved and will not be detrimental to the public health, safety or welfare of the community.
Fiscal Impact:
Not Applicable
ATTACHMENTS
1. Ordinance No. 552
2. Planning Commission Resolution No. 2021-007
Ordinance No. 552
ORDINANCE NO. 552
AN ORDINANCE OF THE TOWN OF APPLE VALLEY, CALIFORNIA,
AMENDING TITLE 9 “DEVELOPMENT CODE” OF THE TOWN OF
APPLE VALLEY MUNICIPAL CODE, BY AMENDING SECTION
9.71.040(A)(8) PERTAINING TO EXTENSION OF TIMES FOR TENTATIVE MAPS, AND SECTIONS 9.17.100(A) AND 9.17.110(A) PERTAINING TO
APPROVALS AND EXTENSIONS FOR DEVELOPMENT PERMITS
WHEREAS, Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley was adopted by the Town Council on April 27, 2010; and WHEREAS, Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley has been previously modified by the Town Council on the recommendation of the Planning Commission; and
WHEREAS, Development Code Amendment No. DCA-2022-001 is consistent with the Town's General Plan and Title 9 "Development Code" of the Municipal Code of the Town of Apple Valley and shall promote the health, safety, and general welfare of the citizens of the Town of Apple Valley; and
WHEREAS, Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley has been previously modified by the Town Council on the recommendation of the Planning Commission; and
WHEREAS, Development Code Amendment No. DCA-2022-001 is consistent with the General Plan and Municipal Code of the Town of Apple Valley; WHEREAS, Specific changes are proposed to the Development Code of the Town of Apple Valley Municipal Code by amending Chapter 9.71 “Subdivision Regulations”, Section 9.71.040(A)(8) pertaining to extensions of times for tentative maps; and WHEREAS, on November 3, 2021, the Planning Commission of the Town of Apple Valley conducted a duly noticed public hearing on Development Code Amendment No. 2022-001, receiving testimony from the public and adopting Planning Commission Resolution No. 2021-007 forwarding a recommendation to the Council; and
WHEREAS, Pursuant to the State Guidelines to Implement the California Environmental Quality Act (CEQA), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA [Section 15061(b)(3)]; and WHEREAS, all of the findings and conclusions made by the Town of Apple Valley pursuant to this Ordinance are based upon the oral and written evidence before it as a whole; and
WHEREAS, on March 25, 2022, the Town Council of the Town of Apple Valley
Ordinance No. 552
conducted a duly noticed and advertised public hearings on Development Code Amendment No. 2022-001, receiving testimony from the public.
NOW, THEREFORE, the Town Council of the Town of Apple Valley, State of California, does ordain as follows:
Section 1. Find that the changes proposed by Development Code Amendment No. 2022-001 is consistent with the Goals and Policies of the Town of Apple Valley adopted General Plan.
Section 2. Pursuant to the State Guidelines to Implement the California Environmental Quality Act (CEQA), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (Section 15061(b)(3)]; and Section 3. It is the intent of this Ordinance to provide consistent approval periods and expiration dates for future land use entitlements, as well as to extend the life of subdivisions that have recently expired or are getting ready to expire. Any subdivision that would have expired within the last six months from the effective date of the Ordinance shall qualify for an extension of time and shall have up to six months after the effective date of the Ordinance to apply for such extension. Any Development Permit that was recently granted two years as part of the original approval prior to the effective date of this Ordinance shall be automatically granted an extension of time for one year to match the three years of the initial approval period granted under this Ordinance.
Section 4. Amend the Development Code as follows:
Amend Section 9.71.040(A)(8)(c) to state the following:
Time Limit of Extensions. Any extension(s) of a Tentative Map approval shall not exceed an aggregate of four (4) years beyond the original expiration date., and six years for tentative maps associated with an adopted Specific Plan. Extensions issued under this sub-section shall be in two-year increments.
Amend Section 9.17.100(A) to state the following:
Expiration. A Development Permit approval shall expire three (3) years following the date the permit is issued unless it is otherwise conditioned or unless prior to the expiration of three (3) years.
Amend Section 9.17.110(A) to state the following:
Upon written request received no later than sixty (60) days prior to the original expiration date, the Community Development Director may grant an automatic Extension of Time to an approved Development Permit. The Development Permit may be extended beyond the applicable expiration date by two (2) years.
Section 5. Notice of Adoption. The Town Clerk of the Town of Apple Valley shall
Ordinance No. 552
certify to the adoption of this ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the Town in a manner permitted under Section 36933 of the Government Code of the State of California.
Section 6. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.
Section 7. Severability. If any provision of this Ordinance, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications and, to this end, the provisions of this Ordinance are declared to be severable.
Adopted by the Town Council and signed by the Mayor and attested to by the Town Clerk this 8th day of March 2022.
Kari Leon, Mayor
ATTEST:
Ms. La Vonda M. Pearson, Town Clerk
Approved as to form: Approved as to content:
Mr. Thomas Rice, Town Attorney Mr. Douglas B. Robertson, Town Manager
PLANNING COMMISSION RESOLUTION NO. 2022- 001
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
APPLE VALLEY, CALIFORNIA, RECOMMENDING THAT THE TOWN
COUNCIL AMEND TITLE 9 “DEVELOPMENT CODE” OF THE TOWN OF
APPLE VALLEY MUNICIPAL CODE, BY AMENDING SECTION
9.71.040(A)(8) PERTAINING TO EXTENSION OF TIMES FOR
TENTATIVE MAPS, AND SECTIONS 9.17.100(A) AND 9.17.110(A)
PERTAINING TO APPROVALS AND EXTENSIONS FOR
DEVELOPMENT PERMITS
WHEREAS, The General Plan of the Town of Apple Valley was adopted by the Town Council on August 11, 2009; and
WHEREAS, Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley was adopted by the Town Council on April 27, 2010; and WHEREAS, Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley has been previously modified by the Town Council on the recommendation of the Planning Commission; and
WHEREAS, Development Code Amendment No. DCA-2022-001 is consistent with the General Plan and Municipal Code of the Town of Apple Valley; and WHEREAS, Specific changes are proposed to the Development Code of the Town of Apple Valley Municipal Code by amending Chapter 9.71 “Subdivision Regulations”, Section 9.71.040(A)(8) pertaining to extensions of times for tentative maps; and WHEREAS, On January 21, 2022, Development Code Amendment No. DCA-2022- 001 was duly noticed in the Daily Press, a newspaper of general circulation within the Town of Apple Valley; and
WHEREAS, Pursuant to the State Guidelines to Implement the California Environmental Quality Act (CEQA), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA [Section 15061(b)(3)]; and WHEREAS, On February 2, 2022, the Planning Commission of the Town of Apple Valley conducted a duly noticed and advertised public hearing on Development Code Amendment No. DCA-2022-001, receiving testimony from the public and adopted Planning Commission Resolution No. 2022-001 recommending adoption of this Resolution; and WHEREAS, Development Code Amendment No. DCA-2022-001 are consistent with the Land Use Element goals and policies of the Town’s General Plan and Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley and shall promote the health, safety, and general welfare of the citizens of the Town of Apple Valley.
NOW, THEREFORE, BE IT RESOLVED that in consideration of the evidence presented at the public hearing, and for the reasons discussed by the Commissioners at said hearing, the Planning Commission of the Town of Apple Valley, California, finds and determines as follows and recommends that the Town Council make the following findings and take the following actions:
Section 1. Find that the changes proposed by Development Code Amendment No.
DCA-2022-001 are consistent with the Goals and Policies of the Town of Apple Valley adopted General Plan.
Section 2. Pursuant to the State Guidelines to Implement the California Environmental Quality Act (CEQA), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA [Section 15061(b)(3)]; and Section 3. Amend the Development Code as follows:
Amend Section 9.71.040(A)(8)(c) to state the following:
Time Limit of Extensions. Any extension(s) of a Tentative Map approval shall not exceed an aggregate of three (3) four (4) years beyond the original expiration date., and six years for tentative maps associated with an adopted Specific Plan. Extensions issued under this sub-section shall be in two-year increments.
Amend Section 9.17.100(A) to state the following:
Expiration. A Development Permit approval shall expire two (2) three (3) years following the date the permit is issued unless it is otherwise conditioned or unless prior to the expiration of two (2) three (3) years:
Amend Section 9.17.110(A) to state the following:
Upon written request received no later than sixty (60) days prior to the original expiration date, the Community Development Director may grant an automatic Extension of Time to an approved Development Permit. The Development Permit may be extended beyond the applicable expiration date by three (3) two (2) years.
Approved and Adopted by the Planning Commission of the Town of Apple Valley this 2nd day of February 2022.
Chairman Joel Harrison
ATTEST:
I, ______________, Secretary to the Planning Commission of the Town of Apple Valley, California, do hereby certify that the foregoing resolution was duly and regularly adopted by the Planning Commission at a regular meeting thereof, held on the 2nd day of February 2022 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Secretary
Town Council Agenda Report
Date: March 8, 2022
To: Honorable Mayor and Town Council
Subject: GPA 2022-002 & ZC 2022-001 FROM OFFICE PROFESSIONAL (O-P)
TO MULTI-FAMILY RESIDENTIAL (R-M) LOCATED IMMEDIATELY
NORTH OF QUANTICO ROAD ALONG BOTH SIDES OF APPLE
VALLEY ROAD (APNS: 0473-152-11, 12, 15, 16 & 17 AND 0473-153- 11, 12,13 & 14); GPA 2022-003 & Z
From: Douglas Robertson, Town Manager
Submitted by: Daniel Alcayaga, AICP, Planning Manager
Planning
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Move to open the public hearing and take testimony. Close the public hearing. Then:
A. Determine that, pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act (CEQA), the project is exempt from environmental review because the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question, the proposed Specific Plan Amendment, may have a significant effect on the environment, the activity is not subject to CEQA.
B. Find the facts presented within the staff report, including the attached Planning Commission Resolution No. 2022-002 adopted February 2, 2022, support the required Findings for approval of the proposed Development Code Amendment and adopt the Findings.
C. Move to adopt Resolution No. 2022-08 amending the General Plan Land Use Map approving GPA 2022-002; GPA 2022-003; GPA 2022-004; & GPA 2022-005 D. Move to waive the reading of Ordinance No. 553 in its entirety and read by title only.
E. Introduce Ordinance No. 553 approving ZC 2022-001; ZC 2022-002; ZC 2022- 003; & ZC 2022-004; and