Open Streets ID# 920000000CYC2105
GRANT AGREEMENT FOR
OPEN STREETS GRANT PROGRAM CYCLE FOUR
This Grant Agreement for Open Streets Grant Program Cycle Four (the “Agreement”) is dated the day of the LACMTA Board December 2, 2021 (the “Effective Date”) and is by and between the City of Lancaster (the “Grantee”) and the Los Angeles County Metropolitan Transportation Authority (“LACMTA”).
RECITALS
A. On December 2, 2021, the LACMTA Board approved the Open Streets Grant Program Cycle Four providing Los Angeles County Proposition C 25% funds for temporary events that close or partially close the street to automotive traffic and open them to people to walk or bike (“ Open Street Events”). Should other eligible funding sources become available, they may be used in place of the identified funds.
B. Proposition C 25% funds are eligible for Transportation System Management/Demand Management (TSM/TDM) programs such as Open Streets E vents. SCAG identifies Open Street Events as Transportation System Management/Demand Management (TSM/TDM) programs in the 2012 Regional Transportation Plan ( RTP) Congestion Management Appendix in the section titled Congestion Management Toolbox – Motor Vehicle Restriction Zones.
C. On December 2, 2021, the LACMTA Board approved the award of $480,000 to Grantee for Grantee’s Open Street Event titled Walk & Roll Fest in conjunction with Slow Streets September (Open Street Grant Program ID# CYC2105, which is more particularly described in the Scope of Work (“Scope of Work”) attached as Exhibit “A” hereto (the “Project”). Grantee’s actual temporary Open Street Event is referred to herein as the “ Event.” The term Project, as used herein, is defined to include all planning activities as well as the Event itself.
D. Grantee has agreed to provide the required local match (in kind or monetary) of $120,000 (the “Local Match”), as described in the Financial Plan that is attached as Exhibit “B”, and any additional funding required to complete the Project. The Financial Plan documents all sources of funds programmed for the Project.
Open Streets ID# 920000000CYC2105
Open Streets ID# 920000000CYC2105
NOW, THEREFORE, the parties hereto do agree as follows:
AGREEMENT
1. GRANT OF FUNDS
1.1 LACMTA shall make a one-time grant of funds in the amount of $480,000 (the “Funds”) to Grantee subject to the terms and conditions of this Agreement.
1.2 This one-time grant shall be paid on a reimbursement basis. The Local or In-Kind Match must be spent in the appropriate proportion to the Funds, as shown in Exhibit B.
1.3 Grantee shall be subject to, and shall comply with, all requirements of the United States Department of Transportation (USDOT) and the United States Department of Labor (USDOL). In addition, Grantee shall comply with all requirements of LACMTA.
1.4 The obligation for LACMTA to advance the Funds for the Project is subject to sufficient funds being made available for the Project by the LACMTA Board of Directors. If such funds are not made available for the Project, this Agreement shall be void and have no further force and effect.
2. SCOPE OF WORK
2.1 Grantee shall complete the Project, including, without limitation, producing the Event, as described in the Scope of Work. The Scope of Work for the Project is attached to this Agreement as Exhibit “A” hereto. The Scope of Work includes a description of the Project, a detailed description of the work to be completed by Grantee including, without limitation, Project milestones and a set schedule for the Event. Work shall be delivered in accordance with that schedule unless otherwise agreed to by the parties in writing. If a Grantee is consistently behind schedule in meeting milestones or in delivering the Event, then LACMTA will have the option to terminate this Agreement for default. Immaterial changes to the Scope of Work that do not affect the intent or length of the event such as changes of event name, start time, date and route may be approved administratively in writing by the Open Streets Grant Program Manager without a formal amendment. Any changes to the Scope of Work that change intent of the original Scope of Work, including but not limited to route length, changes in funding and/or changes to the Financial Plan must be made by amendment , in the manner described in paragraph 16.1.
2.2 Grantee shall utilize the Funds provided herein to complete the Project as described in the Scope of Work and in accordance with this Agreement. The grant Funds provided herein can only be used towards the completion of the Scope of Work.
2.3 The grant shall provide the Funds for the non-infrastructure costs of implementing Open Street events per the Metro Board award on December 2, 20 21. Per the funding guidelines, physical infrastructure costs associated with the Event are not eligible for reimbursement.
Open Streets ID# 920000000CYC2105
Open Streets ID# 920000000CYC2105
3. TERM
3.1 The term of this Agreement shall commence on the Effective Date and shall terminate on December 31 , 20 23 (the “Termination Date”), unless terminated earlier as provided herein or extended by a written amendment to this Agreement.
4. REQUEST FOR REIMBURSEMENT
4.1 Not more frequently than once a month, Grantee will prepare and submit to LACMTA a Request for Reimbursement for allowable Project costs incurred by Grantee consistent with the Project’s Scope of Work. The Request for Reimbursement submitted by Grantee shall be signed by an authorized agent who can duly certify the accuracy of the included information.
4.2 Each Request for Reimbursement must be submitted on Grantee’s letterhead and shall include an invoice number and report the total of Project expenditures, specify the percent and amount of Proposition C Funds to be reimbursed, the amount of Local Match expended and include a detailed invoice describing all invoiced work completed along with appropriate detailed documentation supporting costs incurred. To ensure timely processing of invoices, each Request for Reimbursement shall not include any invoices which are older than three (3) months from the date of the Request for Reimbursement.
4.3 LACMTA will make all disbursements electronically unless an exception is requested in writing. Disbursements via Automated Clearing House (ACH) will be made at no cost to Grantee. Grantee must complete the ACH form and submit such form to LACMTA before g rant payments can be made. ACH Request Forms can be found at www.metro.net/projects_studies/call_projects/ref_docs.htm.
4.4 Any funds expended by Grantee prior to the Effective Date of this Agreement shall not be reimbursed nor shall they be credited toward Grantee’s Local Match requirement, without the prior written consent of LACMTA. Local Match dollars expended prior to the Effective Date shall be spent at Grantee’s own risk. If applicable, the first Request for Reimbursement may be accompanied by a report describing any tasks specified in the Scope of Work document which were accomplished prior to the Effective Date of this Agreement, which costs could be reimbursed with the Funds provided that LACMTA has provided prior written approval for such expenditures to Grantee and authorized reimbursement for such amounts.
4.5 Grantee shall be responsible for any and all cost overruns for the Project.
4.6 Grantee shall contribute Grantee’s Local Match (in kind or monetary) of $120,000 toward the Project. If the funds identified in Exhibit “B” are insufficient to complete the Project, Grantee agrees to secure and provide such additional non -LACMTA programmed funds necessary to complete the Project.
Open Streets ID# 920000000CYC2105
Open Streets ID# 920000000CYC2105
4.7 LACMTA will withhold ten percent (10%) of eligible expenditures per invoice as retainage. LACMTA will release the retainage after LACMTA has evaluated Grantee’s performance according to the criteria specified by LACMTA and the data provided by Grantee in accordance with the Standardized Data Collection Template provided in Exhibit “C”, and has determined that all contract requirements under this Agreement have been satisfactorily fulfilled. Grantee shall invoice LACMTA for reimbursement of the ten percent reten tion separately.
4.8 Grantee should consult with LACMTA’s Open Streets Program Manager for questions regarding non-reimbursable expenses.
4.9 Total payments by LACMTA shall not exceed the Funds specified in Section 1.1.
No Request for Reimbursement will be processed by LACMTA for expenses incurred more than sixty (60) days after the date of the Event.
4.10 Grantee shall comply with and ensure that work performed under this Agreement is done in compliance with all applicable provisions of federal, state and local laws, statutes, ordinances, rules, regulations and procedural requirements, including without limitati on, the applicable requirements and regulations of LACMTA and any other regulations or requirements stipulated by the source of funding used . Grantee acknowledges responsibility for obtaining copies of and complying with the terms of the most recent applicable federal, state or local laws and regulations and LACMTA requirements, including any amendments thereto.
4.11 All requests for reimbursement shall be transmitted to LACMTA’s Accounts Payable Department using one of the following two options:
1) E-mail:
[email protected]
Ref# Open Streets ID#CYC2105
2) Standard Mail:
Los Angeles County Metropolitan Transportation Authority P.O. Box 512296
Attention: Accounts Payable
Los Angeles, CA 90051-0296
Ref# Open Streets ID#CYC2105
A copy of all Request for Reimbursement submittals shall also be forward to the LACMTA Open Streets Program Manager, either by email to [email protected] or by standard mail to the address set forth in Section 4.12 below.
4.12 All notices required to be provided under this Agreement will be given to the parties at the addresses specified below, unless otherwise notified in writing of change of address.
Open Streets ID# 920000000CYC2105
Open Streets ID# 920000000CYC2105
LACMTA's Address:
Los Angeles County Metropolitan Transportation Authority One Gateway Plaza
Los Angeles, CA 90012
Attention: LACMTA Open Streets Program Manager
Frank Ching, MS 99-24-1
Open Streets Grant Program Manager
[email protected]
Grantee's Address:
City of Lancaster
44933 Fern Avenue
Lancaster, CA 93534
Attention: Parks, Arts, Recreation & Community Services (PARCS) Sonya Patterson
Director - Parks, Arts, Recreation & Community Services [email protected]
[email protected]
5. START AND END DATE OF REIMBURSABLE ACTIVITIES
5.1 Unless written notification is otherwise provided by LACMTA, the start date of reimbursable activities is the Effective Date of this Agreement. Actual reimbursement of eligible work cannot occur until LACMTA and Grantee execute this Agreement. The end dat e of reimbursable activities is sixty (60) days after the date of the Event.
6. REPORTING AND AUDIT REQUIREMENTS
6.1 Grantee shall be subject to and shall comply with all applicable requirements of LACMTA regarding Project reporting and audit requirements. Grantee shall use the assigned Open Streets ID# CYC2105 on all correspondence.
6.2 Grantee shall submit the following Reports and Certifications to LACMTA for the duration of the Project:
(a) Narrative and Financial Report on Project Progress as re quired by LACMTA to be submitted with each invoice for reimbursement.
(b) Other reports that may be reasonably requested in writing.
6.3 LACMTA and/or their respective designees, in order to fulfill their respective responsibilities as grantor of the Funds, shall have the right to conduct audits of the Project, as needed, such as financial and compliance audits and performance audits. Grantee shall establish and maintain proper accounting pro cedures and cash management records and Open Streets ID# 920000000CYC2105
Open Streets ID# 920000000CYC2105
documents in accordance with Generally Accepted Accounting Principles (GAAP) as applied to governmental agencies. Grantee shall reimburse LACMTA for any expenditure not in compliance with the Scope of Work or other terms and conditions of this Agreement. LACMTA shall have the right to conduct an audit using an outside auditing firm. The findings of that LACMTA audit will be final.
6.4 Grantee shall retain all original records and documents related to the Project for a period of three years after final payment.
6.5 Grantee’s records shall include, without limitation, accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files (including documenta tion covering negotiated settlements), invoices, and any other supporting evidence deemed necessary by LACMTA to substantiate charges related to the Project (all collectively referred to as “records”) shall be open to inspection and subject to audit and re production by LACMTA auditors or authorized representatives to the extent deemed necessary by LACMTA to adequately permit evaluation of expended costs. Such records subject to audit shall also include, without limitation, those records deemed necessary by LACMTA to evaluate and verify, direct and indirect costs, (including overhead allocations) as they may apply to costs associated with the Project. These records must be retained by Grantee for three years following final payment under this Agreement. Payment of retention amounts shall not occur until after the LACMTA’s final audit is completed.
6.6 Grantee shall cause all contractors to comply with the requirements of Sections
6.3, 6.4 and 6.5 above. Grantee shall cause all contractors to cooperate fully in furnishing or in making available to LACMTA all records deemed necessary by LACMTA auditors or authorized representatives related to the Project.
6.7 LACMTA or any of its duly authorized representatives, upon reasonable written notice, shall have access to the offices of Grantee and its contractors, shall have access to all necessary records, including reproduction at no charge to LACMTA, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the terms and conditions of this Agreement.
6.8 In addition to LACMTA’s other remedies as provided in this Agreement, LACMTA shall withhold the Funds provided herein and/or recommend not to award future Open Streets Program grants to Grantee if the LACMTA audit has determined that Grantee failed to comply with the Scope of Work (such as misusing the Funds provided herein or failure to return the Funds provided herein owed to LACMTA in accordance with LACMTA audit findings) and/or is severely out of compliance with other terms and conditions as defined by this Agreement, including the access to records provisions.
6.9 When business travel associated with the Project requires use of a vehicle, the mileage incurred shall be reimbursed at the mileage rates set by the Internal Revenue Service, as indicated in the United States General Services Administration Federal Travel Regulation, Privately Owned Vehicle Reimbursement Rates.
Open Streets ID# 920000000CYC2105
Open Streets ID# 920000000CYC2105
6.10 Grantee shall utilize a Standardized Data Collection Template provided by Metro to provide the LACMTA Open Streets Program Manager a Post-implementation Report no later than three months after the day of the Event which report shall include information to help Metro better evaluate the progress of the program toward achieving the objectives of the program goals presented in Board Motion 72 including providing information in the Post- implementation Report that details plans for new active transportation infrastructure and what the jurisdictions will do to increase bicycle and pedestrian mode shares post event. Additional information provided in the Post -implementation Report shall include participation counts; transportation use data; personal anecdotes from business owners, participants, and volunteers; local economic benefit; and any other reporting requirements detailed in the provided Standardized Data Collection Template.
7. ALLOWABLE COSTS
7.1 Allowable Project costs are described in the Scope of Work.
7.2 The following guidelines shall apply for indirect costs and in -kind contributions and donations:
(a) Indirect costs shall not be considered eligible costs for reimbursement, unless all the following requirements are met by Grantee: i) submit a written request to LACMTA; and, ii) receive a written approval from LACMTA prior to incurring the expenditure.
(b) In-kind contributions and donations shall be considered eligible as local match only upon written approval by LACMTA.
8. EXPENDITURE AND DISPOSITION OF FUNDS
8.1 The expenditure and disposition of the Funds by Grantee shall be subject to and in accordance with the terms and conditions of this Agreement and the applicable requirements of LACMTA. Grantee shall not utilize the Funds in any way or on any project other than that specified in this Agreement.
8.2 Grantee shall address all correspondence regarding this Project to the LACMTA Open Streets Program Manager.
8.3 The programmed budget (the " Financial Plan") specifying the sources and amounts of the Funds to be used to pay for the Project is attached to this Agreement as Exhibit “B”.
8.4 No material changes, as determined by LACMTA in its reasonable discretion, to the Financial Plan or the Scope of Work shall be funded or allowed without an amendment to this Agreement approved and signed by LACMTA’s CEO or his/her designee. Grantee shall give advance written notice to LACMTA of all proposed changes to the Financial Plan or Scope of Work that it originally submitted to LACMTA.
Open Streets ID# 920000000CYC2105
Open Streets ID# 920000000CYC2105
9. TIMELY USE OF FUNDS
9.1 Grantee shall obligate the Funds programmed under this Agreement no later than sixty (60) days after the date of the Event.
9.2 In the event this Agreement is not executed and/or evidence of timely obligation of the Funds is not provided as described in Section 10 of this Agreement, the Project will be reevaluated by LACMTA and the Funds may be deobligated. In the event that the Funds are deobligated, this Agreement shall automatically terminate.
10. DEFAULT
10.1 Default under this Agreement is defined as one or more of the following: (i) Grantee fails to comply with the terms and conditions contained in this Agreement; (ii) Grantee fails to perform satisfactorily or to make sufficient progress toward Project completion; (iii) Grantee makes a material change t o the Scope of Work or the Financial Plan without prior written consent or approval by LACMTA; or, (iv) Grantee is in default of any other applicable requirements of LACMTA.
11. REMEDIES
11.1 In the event of a default by Grantee (as defined in Section 10), the LACMTA shall provide written notice of such default to Grantee with a 30-day period to cure the default. In the event Grantee fails to cure the default, or commit to cure the default and commence the same within such 30 -day period to the satisfact ion of LACMTA, the following remedies shall be available to LACMTA:
(a) LACMTA may terminate this Agreement;
(b) LACMTA may make a determination to make no further disbursements of the Funds to Grantee;
(c) LACMTA may recover fr om Grantee any funds paid to Grantee after the default; and/or,
11.2 Effective upon receipt of written notice of termination from LACMTA, Grantee shall not undertake any new work or obligation with respect to this Agreement unless so approved by LACMTA in writing.
11.3 The remedies described herein are non -exclusive. In addition to the above contractual remedies, LACMTA shall have the right to enforce any and all rights and remedies which may be now or hereafter available at law or in equity.
12. TERMINATION
12.1 Notwithstanding the term of this Agreement, specified in Section 3 above, either Grantee or LACMTA may terminate its obligations hereunder at any time, without cause, on Open Streets ID# 920000000CYC2105
Open Streets ID# 920000000CYC2105
(30) days prior written notice. Upon termination, LACMTA shall have no obligation to reimburse for any costs or expenses incurred after the termination date.
13. COMMUNICATIONS
13.1 LACMTA will be the exclusive presenting sponsor of the Event and all promotional materials, press releases, graphics, promotions via print, TV, radio or web channels and other identifiers will identify the Event as “Metro presents [insert Event name],” or “[insert Event name] presented by Metro.” The presenting sponsorship may not be shared. In addition, all printed and/or online promotional materials and promotions via print, TV, radio or web channels must include the “Open Streets Made Possible By Metro” type and logo lock up as supplied by the LACMTA Program Manager. Any other sponsor logos or credits for the Event must be separated graphically, in type and/or in following succession from the presenting sponsor mention of LACMTA and “Open Streets Made Possible By Metro” type and logo lockup.
13.2 For purposes of this Agreement, “Communications Materials” include, but are not limited to, literature, newsletters, publications, websites, advertisements, br ochures, maps, information materials, video, radio and public service announcements, press releases, press event advisories, and all other related materials.
13.3 All Social Media notification calling out the event will identify the Event as “Metro presents [insert Event name],” or “[insert Event name] presented by Metro.” Any graphics used in said notifications that include the title of the event must include the “Open Streets Made Possible By Metro” type and logo lockup as supplied by the LACMTA Program Manager.
13.4 Grantee shall ensure that all Event promotions via print, TV, Radio or social media channels include one of the following references or links to LACMTA’s online presence as appropriate depending on the platform: Twitter accounts: @BikeMetro or @Metrolosangeles; Facebook pages: facebook.com/bikemetro or facebook.com/losangelesmetro.
13.5 Grantee shall notify the LACMTA Chief Communications Officer or its designee of all press events related to the Project in such a manner that allows LACMTA to participate in such events, at LACMTA’s sole discretion.
13.6 Grantee shall ensure that all Com munications Materials identify the Event as “Metro presents [insert Event name],” or “[insert Event name] presented by Metro,” or other mutually agreeable language and graphic lockup featuring Metro and/or the Metro logo, and comply with recognition of LACMTA’s contribution to the Event as more particularly set forth in “Funding Agreement Communications Materials Guidelines” available online or from the LACMTA Open Streets Program Manager. Grantee shall check with the LACMTA Open Streets Program Manager fo r the web address. The Funding Agreement Communications Materials Guidelines may be changed from time to time during the course of this Agreement. Grantee shall be responsible for complying with the communications requirements specified in this Agreement and with the latest Funding Agreement Communications Materials Guidelines during the term of this Agreement, unless otherwise Open Streets ID# 920000000CYC2105
Open Streets ID# 920000000CYC2105
specifically authorized in writing by the LACMTA Chief Communications Officer.
13.7 Grantee shall submit all g graphic files and Communication s Materials to LACMTA for approval by the LACMTA Open Streets Program Manager and LACMTA Communications prior to the release of such publicity or promotional materials or Communications Materials for the Event. LACMTA shall have at least one day to review and provide its approval. After any Communications Materials have been released to the public, Grantee shall provide a copy of or notice of such Communications Materials to the LACMTA Open Streets Program Manager by e-mail.
13.8 LACMTA shall be provided at no cost with a minimum of 1,000 SF space in a prominent, central location at the Event for an LACMTA booth/activity space, plus at least two 10’ x 10’ spaces for satellite displays elsewhere at the Event. LACMTA shall have the right at any one or more of the above three locations or through a mobile vending cart, bicycle, or other vehicle, to sell, distribute or otherwise make available to Event attendees marketing, outreach and other promotional products and merchandise, including, without limitation, fare media, t - shirts and other appa rel, accessories, items available for sale at the Metro Store, brochures, maps, Metro Bike Share bike rentals, take-ones and other novelty items. The selection of products and merchandise available for sale and distribution shall be at LACMTA’s sole discretion.
13.9 The LACMTA Open Streets Program Manager shall be responsible for monitoring Grantee compliance with the terms and conditions of this Section 14. Grantee failure to comply with the terms of this Section shall be deemed a default hereunder and LACMTA shall have all rights and remedies set forth herein.
13.10 The Metro logo is a trademarked item that shall be reproduced and displayed in accordance with specific graphic guidelines available from the LACMTA Communicatio ns Division. Upon request, LACMTA shall provide scalable vector files with required type styling and logo placement for tagline and visual materials.
13.11 Grantee shall ensure that any subcontractor, including, without limitation, public relations, public affairs, and/or marketing firms hired to produce Project related Communications Materials will comply with the requirements contained in this Section 14.
14. INDEMNITY
14.1 Neither LACMTA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or committed to be done by Grantee under or in connection with the Project, any work performed by, and/or service provided by, Grantee, its officers, agents, employees, contractors and subcontractors under this Agreement.
Grantee shall fully indemnify, defend and hold LACMTA, its subsidiaries and their respective officers, agents, and employees harmless from and against any claims, loss demand, action, damages, liability, penalty, fine judgment, lien, costs, and expenses, including without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of use of property, any environmental obligation, any legal fees Open Streets ID# 920000000CYC2105
Open Streets ID# 920000000CYC2105
and any claims for damages of any nature whatsoever (including consequential damages) (collectively, “Claims”) arising out of the Project, including, without limitation: (i) use of the Funds provided herein by Grantee, or its officers, agents, employees, contractors or subcontractors; (ii) challenges, claims or litigation filed on behalf of any affected transportation provider and/or employees’ union; (iii) breach of the Grantee obligations under this Agreement; (iv) any act or omission of Grantee, or its officers, agents, employees, contractors or subcontractors in the performance of the Scope of Work and the Project; or (v) any Cl aims arising from the actual Event itself.
15. OTHER TERMS AND CONDITIONS
15.1 This Agreement, along with the applicable requirements of LACMTA as set forth in the LACMTA Open Street Grant Program application package, constitutes the entire understanding between the parties with respect to the subject matter herein. The Agreement shall not be amended, nor any provisions or breach hereof waived, except in writing and signed by the parties who executed the original Agreement or by those at the same level of authority.
15.2 In the event that there is any legal court (e.g. Superior Court of the State of California, County of Los Angeles, or the U.S. District Court for the Central District of California) proceeding between the parties to enforce or interpret this Agreement or the applicable requirements of LACMTA to protect or establish any rights or remedies hereunder, each party shall be responsible for its costs and expenses.
15.3 Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, floods, earthquake, fires, pandemic(s) acts of a public enemy, and government acts beyond the control and without fault or negligence of the affected party. Each party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this Agreement.
15.4 Grantee shall comply with and ensure that work performed under this Agreement is done in compliance with Generally Accepted Accounting Principles (GAAP), all applicable provisions of federal, state, and local laws, statutes, ordinances, rules, regulations, and procedural requirements and applicable requirements and regulations of the LACMTA.
15.5 Grantee shall not assign this Agreement, or any part thereof, without written consent and prior approval of the LACMTA’s CEO or his/her designee, and any assignment without said consent shall be void and unenforceable.
15.6 Subject to all requirements of this Agreement, and all other applicable requirements of LACMTA, including, without limitation, any requirement of competitive procurement of services and assets, Grantee may contract with other entities to implement this Agreement.
15.7 This Agreement shall be governed by California law and applicable federal law.
Open Streets ID# 920000000CYC2105
Open Streets ID# 920000000CYC2105
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
15.8 The terms of this Agreement shall inure to the benefit of, and shall be binding upon, each of the parties and their respective successors and assigns.
15.9 Grantee, in the performance of the work required by this Agreement, is not a contractor nor an agent or employee of LACMTA and attests to no organizational or personal conflicts of interest and agrees to notify LACMTA immediately in the event that a conflict, or the appearance thereof, arises. Grantee shall not represent itself as an agent or employee of LACMTA and shall have no powers to bind LACMTA in contract or otherwise.
15.10 On September 26, 2002 the LACMTA Board of Directors required that prior to receiving Proposition C 10% or 25% grant funds, GRANTEE meet a Maintenance of Effort (MOE) requirement consistent with the State of California’s MOE as determined by the State Controller’s office. With regard to enf orcing the MOE, LACMTA will follow the State of California’s MOE requirements, including, without limitation, suspension and re-implementation.
Open Streets ID# 920000000CYC2105
Open Streets ID# 920000000CYC2105
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the dates indicated below:
LACMTA: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
By: _______________________________________
Stephanie N. Wiggins Date
Chief Executive Officer
APPROVED AS TO FORM:
DAWYN R. HARRISON
Acting County Counsel
By: _______________________________________
Deputy Date
GRANTEE: City of Lancaster
By: _______________________________________
Jason Caudle Date
City Manager
APPROVED AS TO FORM (OPTIONAL):
By: _______________________________________
Date
General Counsel
Open Streets ID# 920000000CYC2105
Open Streets ID# 920000000CYC2105
EXHIBIT A
SCOPE OF WORK
Event Name:
Walk & Roll Fest in conjunction with Slow Streets September Event Date and Time:
September 2023
Event Description:
This hybrid event will combine all of the great things a traditional open streets event has to offer for one full weekend (Walk & Roll Fest) in the middle of an entire month where a targeted network of Slow Streets Neighborhoods surrounding the route are created to both teach vehicle users to slow down and encourage the use of sustainable transportation.
Event Location:
Lancaster, CA
Roles and Responsibilities:
The City of Lancaster PARCS Director, Sonya Patterson, will be the event manager. All City departments are expected to participate in the planning and execution of the event.
The Los Angeles Sheriff’s Department (LASD) will be engaged at the outset of planning the event to ensure all aspects of public safety are taken into consideration. The LASD will be lead for the Safe Crossing Corridors and intersections. SEE AND BE SEEN program stakeholders will be engaged to as the foundational group for developing, planning, and executing programming. Other stakeholders relevant to the route and/or purpose of the event will be engaged to participate as well.
Project Manager Name Sonya Patterson
Project Manager Title and Department Director - Parks, Arts, Recreation & Community Services (PARCS)
Project Manager Phone Number 661-723-5856
Project Manager E-mail Address [email protected] Open Streets ID# 920000000CYC2105
Open Streets ID# 920000000CYC2105
EVENT MAP
Open Streets ID# 920000000CYC2105
Open Streets ID# 920000000CYC2105
EXHIBIT B
FINANCIAL PLAN
The total cost of the Project is $600,000.00. The following is a description of the funding category and the corresponding funding amounts and funding source to implement the Project.
Category Metro Grant Award Local Match
Non-Infrastructure $ 480,000.00 $ 120,000.00
Sources of Local Financial Assistance
Funding Source Amount
Proposition C 25% (PC25) $ 480,000.00
Local Match
FUNDING SOURCES
TOTAL
($)
PC25 ($)
Metro
Funding
LOCAL
($)1 City
Funding
Metro Grant Award
$600,000.00 $480,000.00
$120,000.00
And Local Match
ELIGIBLE COSTS TOTAL
($)
PC25
($)
LOCAL
($)1
Outreach cost $50,000.00
$40,000.00
$10,000
Pre-event Planning costs
$100,000.00
$80,000.00 $20,000
Event Day costs (Staffing,
rentals, permits, etc.) $450,000.00
$360,000.00
$90,000.00
Total $600,000.00 $480,000.00 $120,000.00
1. In-kind local contribution as required by the Metro Open Streets Grant Program
Open Streets ID# 920000000CYC2105
Open Streets ID# 920000000CYC2105
EXHIBIT C
STANDARDIZED DATA COLLECTION TEMPLATE
METRO OPEN STREETS
PARTICIPANT / VOLUNTEER ANECTODAL INTERVIEWS
In an attempt to better serve the community, we are collecting information for an evaluation study to understand how the open street events affect neighborhoods where the events take place. We are conducting interviews with participants and volunteers along this street during the event today. Your participation is voluntary and you can stop this interview at any time. Any personally identifiable information collected through this survey is collected solely for the purpose of contacting you to clarify any information provided, if needed. Any personally identifiable information collected will not be sold or otherwise be distributed outside of the City of Lancaster government or LA Metro. Do I have your permission to record this interview?
1. Are you participating in the event today?
a. If yes: Is this your first time participating in an open street event? b. If no: Where have you participated previously?
2. Not including today, have you ever participated in an Open Streets event similar to this, or CicLAvia, in the past?
a. Yes
b. No
3. How long are you staying at the event?
a. Less than 30 minutes
b. 30 to less than 60 minutes
c. Between 1 and 2 hours
d. Between 2 and 3 hours
e. More than 3 hours
4. Do you perceive this open street event as improving this neighborhood / community?
5. How did you arrive at today’s event?
a. Automobile b. Bike c. Walk
d. Other wheeled device e. Transit (Rail) f. Transit (Bus)
6. If you used public transportation to the event, how did you access it? a. Automobile b. Bike c. Walk d. Other wheeled device
7. How often do you ride Metro?
a. Never b. Less than once a month
c. Several times a month d. Several times a week e. Daily
8. After today’s event, your use of public transportation is likely to:
a. Increase b. Stay the same c. Decrease d. Don’t know
Open Streets ID# 920000000CYC2105
Open Streets ID# 920000000CYC2105
9. After today’s event, how likely are you to walk in your neighborhood? Please rank on a scale from 1 to 5 with 1 being least likely and 5 being most likely.
10. After today’s event, how likely are you to ride a bike on city streets? Please rank on a scale from 1 to 5 with 1 being least likely and 5 being most likely.
11. Would you like to see this event in your neighborhood? a. If yes: How often?
12. May we follow up with you after today to ask a few questions about your experience at the open street event?
a. If yes: Please provide contact information below.
13. What is your 5-digit zip code?
14. What is your gender?
a. Male
b. Female
c. Other
15. What is your age group?
a. 17 or younger
b. 18-29
c. 30-39
d. 40-49
e. 50-59
f. 60 or older
Participant name:
Email or phone number:
METRO OPEN STREETS
PARTICIPANT TRANSPORTATION SURVEY
1. Are you participating in today’s Open Streets event? a. Yes
b. No
2. What best describes your use of public transportation? a. Daily
b. More than once a week
c. Once a week
d. Once a month
e. Less than once a month
3. After today’s event would you use public transportation again in the future? a. Yes
b. No
c. I don’t know
Open Streets ID# 920000000CYC2105
Open Streets ID# 920000000CYC2105
4. If you weren’t participating in today’s event, would you have used public transportation today?
a. Yes
b. No
c. I don’t know
5. What is your 5-digit zip code?
a. Zip Code:
METRO OPEN STREETS
BUSINESS OWNER ECONOMIC BENEFIT INTERVIEWS AFTER EVENT
In an attempt to better serve the community, we are collecting information for an evaluation study to understand how open street events affect neighborhoods and businesses where the events take place. We are conducting interviews with businesses along this street during the event today. Your participation is voluntary and you can stop this interview at any time. Do I have your permission to record this interview?
1. Did you experience the open streets event?
a. If yes: What do you understand the event to be?
2. Did your business participate and/or interact in the open streets event? a. If yes: How did your business participate and/or interact with the event?
3. Did the open street event bring new or more patrons to you?
4. How did the event affect your business? Please rank on a scale from 1 to 5 with 1 affecting your business the least and 5 affecting your business the most.
5. How did the event affect your community? Please rank on a scale from 1 to 5 with 1 affecting your community the least and 5 affecting your community the most.
6. Did your business experience any change in sales volume during the event? a. Are you willing to share sales volume information from the event as compared to a non-event Sunday?
7. How often would you like to see this event return to this street and/or this neighborhood? a. Never c. Once a year
b. Once every other year d. More than once a year
8. Do you have any other thoughts to add about this event?
Business name:
Describe business:
Open Streets ID# 920000000CYC2105
Open Streets ID# 920000000CYC2105
METRO OPEN STREETS
BUSINESS OWNER ANECTODAL INTERVIEWS DAY OF EVENT
In an attempt to better serve the community, we are collecting information for an evaluation study to understand how open street events affect neighborhoods and businesses where the events take place. We are conducting interviews with businesses along this street during the event today. Your participation is voluntary and you can stop this interview at any time. Do I have your permission to record this interview?
1. Are you familiar with the Open Streets event?
a. If yes: What do you understand the event to be?
2. Is your business participating and/or interacting with the open streets event? a. If yes and held previously in the community: Is this your first time participating in an open street event?
b. In what way will your business participate and/or interact with the event?
3. Does your business do any type of marketing or advertising? a. If yes: What type of advertising do you do?
b. Do you believe this event may bring better recognition to the products or services your business offers?
4. Have you noticed any changes in your customer volume or demographics throughout the event?
5. What effect do you believe the event has on this community? Please rank on a scale of 1 to 5, with 5 being the most positive and 1 being the least positive.
6. What effect do you believe the event has on your business? Please rank on a scale of 1 to 5, with 5 being the most positive and 1 being the least positive.
7. Would you like to see this event return to this community at another point in the future? a. If yes: How often would you like to see this event happen?
8. In the past, has your business supported transportation improvements, particularly for public transit, walking or riding a bike in this community?
9. Do you believe that by experiencing the event your business may support these improvements in the future?
10. Do you think this community would benefit from future transportation improvements, particularly those for riding a bike, walking and/or public transit?
11. Do you have any other thoughts to add about this event?
Business name:
Describe business:
STAFF REPORT
City of Lancaster
CC 16
11/8/2022
JC
Date: November 8, 2022
To: Mayor Parris and City Council Members
From: Andrea Alexander, City Clerk
Subject: Ordinance Pertaining to Lancaster Codes for Buildings and Construction Recommendation:
Adopt Ordinance No. 1094, amending Title 15 of the Lancaster Municipal code by repealing Ordinance No. 1067, and adopting by reference the 2022 edition of the California Building Code as amended herein; adopting by reference the 2022 edition of the California Residential Code as amended herein; adopting by reference the 2022 edition of the California Electrical Code as amended herein; adopting by reference the 2022 edition of the California Mechanical Code; adopting by reference the 2022 edition of the California Plumbing Code as amended herein; adopting the Lancaster Security Code as contained herein; adopting the 2021 edition of the International Property Maintenance Code as amended herein; adopting by reference the 2022 edition of the California Energy Code; the 2022 edition of the California Historical Buildings Code; adopting by reference the 2022 edition of the California Fire Code while maintaining the 2020 edition of the Los Angeles County Fire Code; adopting by reference the 2022 edition of the California Green Building Standards Code; adopting by reference the 2022 edition of the California Existing Buildings Code; and adopting by reference the 2022 California Referenced Standards Code, as the Lancaster Codes for Building and Construction.
Fiscal Impact:
None.
Background:
On July 1, 2022, the California Building Standards Commission published the 2022 edition of the California Building Standards Code, Title 24 of the California Codes and Regulations, based on the most recent editions of the International Building and Fire Codes, the National Electrical Code, and the Uniform Mechanical and Plumbing Codes; all with California specific amendments. Such codes will become effective on a statewide basis on January 1, 2023. All local building departments are, therefore, required to enforce such codes as the minimum codes. State law allows local authorities to amend the provisions of Title 24 provided certain conditions are met. The adoption of the 2022 edition of the California Building Standards Code, as amended in this Ordinance, meets State requirements and will serve as the codes for building and construction within the City. The adoption of the 2022 edition of the California Building Standards Code also places such codes within the Lancaster Municipal Code.
The City of Lancaster is part of the consolidated fire protection district of Los Angeles County, which provides fire protection and prevention services for the City. The County of Los Angeles will amend the 2022 edition of the California Fire Code and adopt it as the 2023 County of Los Angeles Fire Code. The City is proposing to adopt this code with the County’s amendments after the County’s adoption process is complete. Until then, the 2022 edition of the California Fire Code, along with the 2020 edition of the Los Angeles County Fire Code, will be in effect, with the exceptions of amendments to Section 503.4 and deleting Section 503.4.1. These sections cover the issue of strict prohibition of traffic calming devices. The City desires to have the ability to install traffic calming devices, where necessary for safety, with full consultation of the Fire Department. The Council’s adoption of the 2022 California Fire Code meets the State requirements, and it will be incorporated within the Municipal Code (for the interim) as the Lancaster Fire Code.
The 2021 International Property Maintenance Code, published by the International Code Council, when adopted by a local jurisdiction, governs the use, maintenance, and occupancy of existing structures and premises, as well as administration, enforcement, and penalties. This code has based the requirements of the International Codes which are the model codes utilized by the California Codes. While the State does not adopt a property maintenance code statewide, the City has previously adopted the International Property Maintenance Code as a minimum standard for the occupancy of existing structures in Lancaster.
By adopting the 2022 California Codes, with minimal amendments, the City will place itself in a level position with other communities throughout the State. This will place the City ahead of those communities adopting more restrictive amendments.
At the Lancaster City Council meeting held on October 25, 2022, the City Council approved the introduction of Ordinance No. 1094,amending Title 15 of the Lancaster Municipal code by repealing Ordinance No. 1067, and adopting by reference the 2022 edition of the California Building Code as amended herein; adopting by reference the 2022 edition of the California Residential Code as amended herein; adopting by reference the 2022 edition of the California Electrical Code as amended herein; adopting by reference the 2022 edition of the California Mechanical Code; adopting by reference the 2022 edition of the California Plumbing Code as amended herein; adopting the Lancaster Security Code as contained herein; adopting the 2021 edition of the International Property Maintenance Code as amended herein; adopting by reference the 2022 edition of the California Energy Code; the 2022 edition of the California Historical Buildings Code; adopting by reference the 2022 edition of the California Fire Code while maintaining the 2020 edition of the Los Angeles County Fire Code; adopting by reference the 2022 edition of the California Green Building Standards Code; adopting by reference the 2022 edition of the California Existing Buildings Code; and adopting by reference the 2022 California Referenced Standards Code, as the Lancaster Codes for Building and Construction by the following vote 5-0-0-0 Ayes: Dorris, Malhi, Mann, Vice Mayor Crist, Mayor Parris;Noes:
None; Abstain: None; Absent: None.
Attachment:
Ordinance 1094
ORDINANCE NO. 1094
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LANCASTER, CALIFORNIA AMENDING TITLE 15 OF THE
LANCASTER MUNICIPAL CODE BY REPEALING
ORDINANCE NUMBER 1067, AND ADOPTING BY
REFERENCE THE 2022 EDITION OF THE CALIFORNIA
BUILDING CODE AS AMENDED HEREIN; ADOPTING BY
REFERENCE THE 2022 EDITION OF THE CALIFORNIA
RESIDENTIAL CODE AS AMENDED HEREIN; ADOPTING
BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA
ELECTRICAL CODE AS AMENDED HEREIN; ADOPTING BY
REFERENCE THE 2022 EDITION OF THE CALIFORNIA
MECHANICAL CODE; ADOPTING BY REFERENCE THE 2022
EDITION OF THE CALIFORNIA PLUMBING CODE AS
AMENDED HEREIN; ADOPTING THE LANCASTER
SECURITY CODE AS CONTAINED HEREIN; ADOPTING BY
REFERENCE THE 2021 EDITION OF THE INTERNATIONAL
PROPERTY MAINTENANCE CODE AS AMENDED HEREIN;
ADOPTING BY REFERENCE THE 2022 EDITION OF THE
CALIFORNIA ENERGY CODE AS AMENDED HEREIN;
ADOPTING BY REFERENCE THE 2022 EDITION OF THE
CALIFORNIA HISTORICAL BUILDING CODE; ADOPTING
BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA
FIRE CODE WHILE MAINTAINING THE 2020 EDITION OF
THE LOS ANGELES COUNTY FIRE CODE; ADOPTING BY
REFERENCE THE 2022 EDITION OF THE CALIFORNIA
GREEN BUILDING STANDARDS CODE; ADOPTING BY
REFERENCE THE 2022 EDITION OF THE CALIFORNIA
EXISTING BUILDING CODE; AND ADOPTING BY
REFERENCE THE 2022 CALIFORNIA REFERENCED
STANDARDS CODE, AS THE LANCASTER CODES FOR
BUILDINGS AND CONSTRUCTION
THE CITY COUNCIL OF THE CITY OF LANCASTER, CALIFORNIA, DOES HEREBY ORDAIN, AS FOLLOWS:
Section 1. Chapter 15.04 of the Lancaster Municipal Code is hereby amended by rewriting the Chapter in its entirety to read as follows:
Title 15 - BUILDINGS AND CONSTRUCTION
Chapter 15.04 - ADMINISTRATIVE CODE
15.04.010 - California Building Code Chapter 1, Division II adopted by reference.
A. That certain building code is known as the 2022 California Building Code, Chapter 1, Division II, incorporating by adoption the 2021 edition of the International Building Code with necessary California amendments, all published by the International Code Council, Inc., and Ordinance No. 1094
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7 as herein amended, are hereby adopted by reference, and such code shall be and become the Lancaster Administrative Code for Buildings and Construction, to serve as the administrative, organizational and enforcement rules and regulations for the technical codes which regulate the site preparation and construction, alteration, moving, demolition, repair, use, occupancy and maintenance of buildings, structures and building service equipment.
B. One copy of said California Building Code 2022 Edition has been deposited in the office of the Chief Building Official and shall be at all times maintained by said Chief Building Official for use and examination by the public.
15.04.020 - Definitions.
Section 101.4.8 of the California Building Code, Chapter 1, Division II, is hereby added to read as follows:
101.4.8 Definitions. Whenever any of the names or terms defined in this section are used in this Code, each such name or term shall be deemed and construed to have the meaning ascribed to be in this section as follows:
"Building Code" shall mean chapter 15.08 of the Lancaster Municipal Code. "Building Official" shall mean the Building Official of the City of Lancaster. "Residential Code" shall mean Chapter 15.09 of the Lancaster Municipal Code. "Code Enforcement Agency" or "Local Building Department" shall mean Building & Safety of the Department of Development Services of the City of Lancaster. "Electrical Code" shall mean Chapter 15.12 of the Lancaster Municipal Code. "Elevator Code" shall mean the California Elevator Safety Construction Code. "Energy Code" shall mean Chapter 15.28 of the Lancaster Municipal Code. "Existing Building Code" shall mean Chapter 15.36 of the Lancaster Municipal Code. "Fire Code" shall mean Chapter 15.32 of the Lancaster Municipal Code. "Green Building Standards Code" shall mean Chapter 15.34 of the Lancaster Municipal Code. "Historical Building Code" shall mean Chapter 15.30 of the Lancaster Municipal Code. "Jurisdiction" shall mean the City of Lancaster.
"Mechanical Code" shall mean Chapter 15.16 of the Lancaster Municipal Code. "Plumbing Code" shall mean Chapter 15.20 of the Lancaster Municipal Code. "International Property Maintenance Code" shall mean Chapter 15.24 of the Lancaster Municipal Code.
"Technical Codes" shall mean Chapters 15.08, 15.09, 15.12, 15.16, 15.20, 15.22, 15.24, 15.25,
15.28, 15.30, 15.32, 15.34 and 15.36 of the Lancaster Municipal Code.
Ordinance No. 1094
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7 15.04.030 - Building & Safety.
Section 103.1 of the California Building Code, Chapter 1, Division II, is hereby amended by to read as follows:
103.1 Creation of enforcement agency. Building & Safety is hereby created within the Department of Development Services and the official in charge thereof shall be known as the Building Official.
15.04.040 - Duties and powers of the Building Official.
Section 104 of the California Building Code, Chapter 1, Division II, is hereby amended by adding subsection 104.12, as follows:
104.12 Regulations. The Building Official is authorized to promulgate rules and regulations to implement the provisions of this code.
15.04.050 - Permit exempt.
Section 105.2 of the California Building Code, Chapter 1, Division II, is hereby amended by adding the following:
Minor repairs to roof covering which cumulatively totals 100 square feet or 10% of the roof area of any structure regulated by the technical codes, whichever is the least, in any 12-month period. The exemption of a permit shall not be construed to mean that the repairs shall not comply with Chapter 15 of the Building Code.
15.04.060 - Permits—Expiration.
Section 105.5 of the California Building Code, Chapter 1, Division II, is hereby amended to read and by adding the subsection 105.5.2, as follows:
105.5 Expiration. Except as set forth in subsection 105.5.2, every permit issued for property within the City of Lancaster shall expire by limitation and become null and void as follows:
(i) If work authorized by such permit is not commenced within 360 days from the issuance date of the permit.
(ii) If work authorized by such permit is commenced within 360 days from the issuance date of the permit, such permit shall expire by limitation and become null and void if the work authorized by such permit is suspended or abandoned. For purposes of this subsection, "suspended or abandoned" shall mean that the permittee has, for a period of 180 days or longer after commencing the work authorized by such permit, failed to make substantial progress toward completion of the work, as determined by the Building Official. Failure to schedule, undergo and/or pass a requisite interim or final inspection for a period of 180 days or longer since the issuance date of the permit or since the most recent interim inspection may be deemed to constitute a failure to make substantial progress toward completion of the work. The Building Official may, in his/her sole discretion, grant, in writing, one or more extensions of time, for periods, not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. (iii) In the event of permit expiration, before work authorized pursuant to the expired permit can be commenced or recommenced, a new permit shall first be obtained (hereafter, a "renewal permit"). To obtain a renewal permit, the applicant may be required to resubmit Ordinance No. 1094
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7 plans and specifications, if deemed necessary by the Building Official and/or the City's Planning Director. The applicant must pay all applicable fees, including but not limited to a plan check fee and building permit fees, in the amount then established by the resolution of the City Council. If renewal permits are applied for, a mandatory site inspection shall be performed by Building & Safety to determine that existing conditions and materials comport with this code. All work to be performed under a renewal permit must be performed in accordance with all applicable technical codes, regulations, laws, and ordinances in effect on the date of issuance of the renewal permit. Renewal permits are subject to expiration as set forth in (ii), above.
(iv) In the event of permit expiration, any work performed under that permit is "unpermitted" as defined in Section 114.1 of this chapter, and is subject to the legalization provisions of section 114.5 of this chapter.
105.5.2 Expiration — Unpermitted structures or grading. Notwithstanding any provision of section 105.5, if a building permit was issued in order to bring an unpermitted structure, unpermitted grading, or other unlawful, substandard or hazardous condition into compliance with any applicable law, ordinance, rule or regulation, such permit shall expire by limitation and become null and void sixty (60) days after the issuance date of such permit, if the permittee has failed to make substantial progress toward completion of the work as determined by the Building Official. Failure to schedule, undergo and/or pass a requisite interim or final inspection for a period of 60 days since the issuance date of the permit or since the most recent interim inspection may be deemed to constitute a failure to make substantial progress toward completion of the work. The Building Official may, in his/her sole discretion, grant, in writing, one or more extensions of time, for periods, not more than 60 days each. The extension shall be requested in writing and justifiable cause demonstrated.
15.04.070 - Standard plans.
Section 107 of the California Building Code, Chapter 1, Division II, is hereby amended by adding the following:
107.6 Standard Plans. The Building Official may approve a set of plans for a building or structure as a "standard plan," provided that the applicant has made the proper application, submitted complete sets of plans as required by this section, and paid the plan review fees required.
Plans shall reflect laws and ordinances in effect at the time a permit is issued except as provided herein. Nothing in this section shall prohibit modifying the permit set of plans to reflect changes in laws and ordinances, which have become effective since the approval of the standard plan. The standard plan shall become null and void where the work required by such changes exceeds ten percent (10%) of the value of the building or structure. When it is desired to use an approved "standard plan" for an identical structure, the Building Official may require a plot plan and a duplicate plan to be submitted. Such duplicate plans shall be compared and stamped prior to permit issuance. All fees in effect at the time of permit issuance shall be paid prior to permit issuance.
Standard plans shall be valid for a period of one year from the date of approval, or until the effective date of a Building Code change, whichever comes first. The Building Official may Ordinance No. 1094
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7 extend this period when no changes in codes or ordinances have occurred. Building permit applications based on standard plans approved prior to the effective date of a Building Code change are valid for a period of 180 days from the date of the application and may not be extended. Building permits issued on applications submitted prior to the effective date of a Building Code change are valid for a period of 360 days from the date of issuance and may not be extended.
15.04.080 - Fees.
Section 109.2 of the California Building Code, Chapter 1, Division II, is hereby amended to read as follows:
109.2 Schedule of Permit Fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as adopted by resolution of the City Council of the City of Lancaster, as may be amended from time to time. For complex or atypical matters, the Building Official is authorized to assess fees based on published hourly rates. 109.6.1 Refund of Permit Fees.
■ The Building Official shall not authorize the refund of any fee paid except upon the written application filed by the original permit holder.
■ No refunds shall be processed for expired permits or projects that have been abandoned.
Abandoned is defined as no work or inspections for 180 days. ■ No refunds shall be processed that have exceeded 360 days after the date of the payment. ■ The Building Official may authorize the refunding of not more than 80 percent of the plans examination fee paid when an application is withdrawn or canceled prior to commencing any plan review.
■ The Building Official may authorize the refunding of not more than 80 percent of the permit inspection fee paid when a permit that has been issued withdrawn or canceled by the original permittee before any inspection has been completed and the original permit and inspection card is returned.
■ Permit Issuance, Fire Protection, Development Impact, Strong Motion, and Green Building fees are not refundable (unless erroneously paid/collected). This is because the money has already been put to use. If the project was canceled and/or the property sold, the new developer may receive credit towards Development Impact fees as approved by the Building Official. ■ A processing fee will be applied to all refunds, in accordance with the schedule adopted by the resolution of the City Council of the City of Lancaster, as may be amended from time to time.
15.04.090 - Use or occupancy.
Section 111.1 of the California Building Code, Chapter 1, Division II, is hereby amended to read as follows:
Ordinance No. 1094
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7 111.1 Use and Occupancy. No building or structure, regardless of occupancy classification, shall be used or occupied, and no change in the existing business or occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid.
Exception: Certificates of occupancy are not required for work exempt from permits under Section 105.2.
15.04.100 - Service utilities.
Section 112 of the California Building Code, Chapter 1, Division II is hereby amended by adding the following:
112.4 No building shall be occupied for any purpose until all permanent utilities have been installed and are fully functional. There shall be no exceptions without the express written consent of the Building Official. For purposes of this section, an off-grid energy system, as defined in Section 15.12.050 of the Lancaster Municipal Code, shall be deemed a permanent utility provided the system complies with said Section 15.12.050 and with all off-grid development standards approved by the Building Official.
15.04.110 - Board of appeals.
Section 113 of the California Building Code, Chapter 1, Division II, is hereby deleted in its entirety and replaced with the following:
113 Appeals. Appeals of orders, decisions or determinations of the Building Official are limited to those enumerated in this section and shall be filed, scheduled and conducted in accordance with this section.
113.1 Scope.
A. Notwithstanding the provisions of the Technical Codes or the State Housing Law (commencing with Section 17910 of Chapter 1 of Division 13 of the Calif. Health and Safety Code), an appeal is limited to the following orders, decisions, or determinations of the Building Official:
(1) Denials of the proposed use of alternative materials, design or method of construction, installation, and/or equipment;
(2) Orders to Vacate and/or Not Enter a building, structure, or premises; however, such order shall not stay during the pendency of the appeal; (3) Orders to Demolish a building or structure; however, an order to vacate that may be issued in conjunction with an Order to Demolish shall not stay during the pendency of the appeal;
B. The right of appeal shall not exist for determinations of the Building Official, or a designee thereof, that a violation of any provision of the Technical Codes exists in a building or structure, or portion thereof, or on any premises.
Ordinance No. 1094
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7 113.2 Appeal Procedure.
A. Any person who is aggrieved by any order, decision or determination of the Building Official as provided in subsection 113.1 may contest said order, decision or determination by filing an appeal, in writing on a City approved form, with the City Clerk within ten (10) business days from the date of service of the order, decision or determination being appealed. The appeal must specify the basis for the appeal in detail, provide a mailing address and telephone number for the appellant, and include the applicable fee. If a timely appeal is not received by the City Clerk, the right to appeal is waived and the order, decision or determination of the Building Official is deemed final and binding.
B. Appeals shall be heard before an impartial hearing officer, designated by the City Manager or his/her designee. Only those matters or issues specifically raised in the written appeal shall be considered in the hearing.
C. If the appellant fails to appear, the hearing officer shall cancel the hearing and send a notice thereof to the appellant by first-class mail to the address stated on the appeal form.
Cancellation of a hearing due to the non-appearance of the appellant shall constitute the appellant's waiver of the right to appeal. In such instances, the order, decision, or determination of the Building Official is final and binding.
D. Appeal hearings are informal, and formal rules of evidence and discovery do not apply.
The order, decision, or determination of the Building Official shall be prima facie evidence of the violation. The appellant, and the Building Official or his/her designee shall have the opportunity to present relevant evidence and witness testimony. The appellant may represent himself/herself or be represented by any one of his/her choices.
The appellant may bring an interpreter to the hearing at his/her sole expense.
E. Within thirty calendar days following the appeal hearing, the hearing officer shall affirm, modify or rescind the order, decision or determination of the Building Official. A written decision shall be served on the appellant by first-class mail to the address stated on the appeal form. Failure of an appellant to receive a properly addressed decision shall not invalidate any action or proceeding by the City.
F. Any person who is aggrieved by the decision of the hearing officer may appeal said decision to the Board of Appeals, which shall be comprised of members of the City Council and the Building Official, who shall be an ex officio member. An appeal shall be in writing, must be filed in the same manner, within the same time period, and contain the same information, as an appeal to the hearing officer, as provided in Subsection A of this Section. A second appeal fee must accompany the written appeal. If a timely appeal is not received by the City Clerk, the decision of the hearing officer is deemed final and binding. Failure to appeal a decision to the Board of Appeals shall constitute a failure to exhaust the aggrieved person's administrative remedy.
G. Appeals before the Board of Appeals shall be conducted in the manner set forth in Chapter 2.44 of the Lancaster Municipal Code.
113.3 Limitation on Authority of Board of Appeals. The Board of Appeals shall have no authority to waive the technical requirements of the Building Code or other technical codes adopted in Title 15 of the Lancaster Municipal Code.
Ordinance No. 1094
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7 113.4 Appeals of Actions Related to Access to Public Accommodation by Physically Disabled Persons. The City Council shall have the authority to review decisions by the Building Official in the enforcement of the requirements of the California Health & Safety Code, sections 19955 through 19959, related to access to public accommodation by Physically Disabled Persons. Appeals of such decisions shall be filed, scheduled, and conducted in the manner set forth in Chapter 2.44 of the Lancaster Municipal Code.
15.04.120 - Violations—Unlawful acts.
Subsection 114.1 of the California Building Code, Chapter 1, Division II, is hereby amended to read as follows:
114.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish, occupy or maintain any building, structure, equipment, installation, or land regulated by the Technical Codes, or cause or permit the same to be done, in conflict with or in violation of any of the provisions of the Technical Codes.
114.1.1 Unpermitted structures. No person shall own, use, occupy or maintain an unpermitted structure. For purposes of this section, "unpermitted structure" shall be defined as any building or structure, or portion thereof, or any electrical, plumbing, mechanical, or other installation or fixture, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, installed, converted, demolished or equipped, at any point in time by any person, without the required permit(s) having first been obtained from the Building Official or with a valid permit as issued by the Building Official which subsequently expired and became null and void. 114.1.2 Unpermitted grading. No person shall own, use, occupy or maintain unpermitted grading. For purposes of this section, "unpermitted grading" shall be defined as any land which has been excavated, cut, filled, graded, compacted or terraced, at any point in time by any person, without the required permit(s) having first been obtained from the Building Official or with a valid permit as issued by the building which subsequently expired and became null and void.
15.04.130 - Violations—Violation penalties.
Subsection 114.4 of the California Building Code, Chapter 1, Division II, is hereby amended to read as follows:
114.4 Violation Penalties. Any person, firm or corporation who violates any provision of the Technical codes, or fails to comply with any of the requirements thereof, or who erects, constructs, alters, repairs or maintains a building, structure, installation or equipment, or excavates, cuts, fills, grades, compacts or maintains land in violation of approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of the Technical Codes, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to the punishments set forth in Chapter 1.12 of the Lancaster Municipal Code.
15.04.140 - Violations—Legalizing procedures.
Ordinance No. 1094
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7 Subsection 114 of the California Building Code, Chapter 1, Division II, is hereby amended by adding thereto Subsection 114.5, Procedure for legalizing unpermitted structures or grading, to read as follows:
114.5 Procedure for legalizing unpermitted structures or grading. The procedures specified within subsections 114.5.1 through 114.5.6 shall be followed whenever an attempt is made to legalize an unpermitted structure or unpermitted grading. 114.5.1 Permits. Any person who wishes to legalize an unpermitted structure or unpermitted grading, as defined in Subsections 114.1.1 and 114.1.2, shall obtain all applicable permits. Unpermitted structures and grading shall comply with all current Technical Code requirements and other required approvals pursuant to the Lancaster Municipal Code in order to be legalized. Permits obtained to legalize unpermitted structures or grading shall expire as set forth in Section 105.5.1 of this code. 114.5.2 Plans. Prior to the issuance or granting of any permit to legalize an unpermitted structure, plans showing the plot plan, exterior elevations, existing structures, proposed structures, and proposed finish materials shall be submitted to the Building Official and Planning Director, or their designees, for review and approval. 114.5.3 Grading. Prior to the issuance or granting of any permit to legalize unpermitted grading, a grading, and drainage plan showing the original grade and existing unpermitted grade on the premises the existing grade on adjoining properties, and a soils report shall be submitted to the Building Official for review and approval. 114.5.4 Inspections. Unpermitted structures or unpermitted grading for which a permit has subsequently been obtained shall be subject to inspection by the Building Official in accordance with, and in the manner prescribed in, the Technical Codes. The Building Official may require the removal of finish materials in order to expose framing elements, electrical components, plumbing fixtures, or mechanical systems, or may require the removal of the fill, to verify that installation, construction, or grading was performed in conformance with the Technical Codes.
114.5.5 Investigation. Whenever any work for which a permit is required by this code has commenced on land or in connection with any type of structure without first obtaining a said permit a special investigation may be required (at the discretion of the Building Official) before a permit may be issued for such work. For purposes of this section, "special investigation" shall include, but is not limited to, inspecting premises and structures, reviewing permits,licensese and other records of the City or other agencies, reviewing plans, taking photographs, engaging in conferences and communications with other officials of the City or other agencies, and engaging in conferences and communications with owners or other responsible persons concerning the unpermitted structure or grading.
114.5.5.1 Fee. A special investigation fee shall be paid prior to the issuance of a permit for an unpermitted structure or unpermitted grading. The fee shall be equal to the amount of time expended by City officials in undertaking the special investigation, as defined in Section 114.5.5, charged at the hourly rate that has been Ordinance No. 1094
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7 established by the resolution of the City Council for recovery of code enforcement re-inspection fees. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
114.5.6 Unpermitted structures or grading which cannot be legalized. If the Planning Director determines that the City's zoning regulations prohibit the legalization of any unpermitted structure, the structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections, and approvals.
If the Building Official determines that an unpermitted structure cannot be made to conform to the current applicable Technical Code requirements, the structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections, and approvals.
If the Building Official determines that unpermitted grading and/or lot drainage cannot be made to conform with current applicable Technical Code requirements, the land shall be fully restored to the condition that preceded the unpermitted grading, with all requisite permits, inspections, and approvals.
Chapter 15.08 - BUILDING CODE
15.08.010 - California Building Code provisions adopted by reference.
A. That certain building codes known and designated as volumes 1 and 2 of the 2022 California Building Code, including Appendix C; Appendix F; Appendix G; Appendix H; Appendix I; and appendix J; incorporated by the adoption of the 2021 edition of the International Building Code with necessary California amendments, all published by the International Code Council, Inc., and as herein amended, are hereby adopted by reference, and such codes shall be and become the Lancaster Building Code, regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, use, height, area and maintenance of all structures and certain equipment therein, and the grading of premises, and providing penalties for violation of such codes.
B. One copy of said 2022 California Building Code has been deposited in the office of the Building Official and shall be at all times maintained by said Building Official for use and examination by the public.
15.08.030 - Roof covering—Wood shakes and wood shingles.
Sections 1505.6, 1505.7, 1507.8, 1507.9 and Tables 1507.8, 1507.8.5, 1507.8.7, 1507.9.6 and 1507.9.8 of the 2022 California Building Code and all references in any of the technical or administrative codes to said sections or to wood shakes and/or wood shingles, whether or not fire-rated, fire treated, or fire-retardant-treated or any similar terminology, are hereby deleted.
15.08.040 - Issuance of permits.
A. No permit shall be issued to any person to do or cause to be done any building work regulated by this code unless such person is a duly licensed contractor as required by Chapter 9, Division 3 commencing with Section 7000 of the Business and Professions Code of the State of California except as otherwise provided herein.
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7 B. Any permit required by this code may be issued to a person to do any building work regulated by this code in a single-family dwelling used exclusively for living purposes, including common accessories and minor poultry or agricultural buildings in the event that such person is the bonafide owner of such dwelling and accessory buildings and that the same is occupied and used exclusively by or are designated to be occupied and used exclusively by said owner.
An owner may be issued a permit for, or perform any building work covered by this code on a duplex (maximum two units) where one unit is used and occupied exclusively by the bona fide owner. An owner or property manager shall not be issued a permit for, or perform any building work regulated by this code on any rental or lease property except for a duplex (maximum two units) where one unit is exclusively used and occupied by the bona fide owner.
C. No permit shall be issued to any person to do or cause to be installed any mobile home or modular structure built prior to June 15, 1976.
Chapter 15.09 - RESIDENTIAL CODE
15.09.010 - California Residential Code Provisions adopted by reference.
A. That certain residential code known and designated as the 2022 California Residential Code, including Appendix AH, Appendix AJ, Appendix AK, Appendix AN, Appendix AS, and Appendix AX incorporating by adoption the 2021 edition of the International Residential Code with necessary California amendments, all published by the International Code Council, Inc., and as herein amended, are hereby adopted by reference, and such codes shall be and become the Lancaster Residential Code for Buildings and Construction regulating the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every detached one-and two- family dwelling, townhouse and certain equipment therein, and the grading of premises, and providing penalties for violation of such codes.
B. One copy of said 2022 California Residential Code has been deposited in the office of the Building Official and shall be at all times maintained by said Building Official for use and examination by the public.
15.09.020 - Roof covering—Wood shakes and wood shingles.
Sections R905.7, R905.8, and Tables R905.7.4, R905.7.5(1)(2), R905.8.5, and R905.8.6 of the 2022 California Residential Code and all references in any of the technical or administrative codes to said sections or to wood shakes and/or wood shingles, whether or not fire-rated, fire treated, or fire-retardant-treated or any similar terminology, are hereby deleted.
15.09.030 - Issuance of permits.
A. No permit shall be issued to any person to do or cause to be done any building work regulated by this code unless such person is a duly licensed contractor as required by Chapter 9, Division 3 commencing with Section 7000 of the Business and Professions Code of the State of California except as otherwise provided herein.
B. Any permit required by this code may be issued to a person to do any building work regulated by this code in a single-family dwelling used exclusively for living purposes, including common accessory and minor poultry or agricultural buildings in the event that such person is the bonafide owner of such dwelling and accessory buildings and that the same is occupied and used exclusively by or are designated to be occupied and used exclusively by said owner.
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7 An owner may be issued a permit for, or perform any building work covered by this code on a duplex (maximum two units) where one unit is used and occupied exclusively by the bona fide owner. An owner or property manager shall not be issued a permit for, or perform any building work regulated by this code on any rental or lease property except for a duplex (maximum two units) where one unit is exclusively used and occupied by the bona fide owner.
C. No permit shall be issued to any person to do or cause to be installed any mobile home or modular structure built prior to June 15, 1976.
Chapter 15.12 - ELECTRICAL CODE
15.12.010 - California Electrical Code adopted by reference.
A. That certain electrical code is known and designated as the 2022 California Electrical Code, incorporating by adoption the National Electrical Code, 2020 Edition, by the National Fire Protection Association, with necessary California amendments, all published by the National Fire Protection Association, and as herein amended, are hereby adopted by reference, and such code shall be and become the Lancaster Electrical Code, regulating the installation, arrangement, alteration, repair, maintenance, use and operation of electrical wiring, connections, fixtures, equipment, and other electrical appliances.
B. One copy of said 2022 California Electrical Code has been deposited in the office of the Building Official and shall be at all times maintained by said Building official for use and examination by the public.
15.12.020 - Registered maintenance electricians.
A. In lieu of an individual permit for each installation or alteration, an annual permit may be issued to any person, firm, or corporation regularly employing one or more registered maintenance electricians for the installation and maintenance of electrical wiring, devices, appliances, apparatus, or equipment or premises owned or occupied by the applicant for the permit. The application for such an annual permit shall be made in writing to the building official and shall contain a description of the premises upon which work is to be done under the permit. Within not more than fifteen (15) days following the end of each calendar month, the person, firm, or corporation to which an annual permit is issued shall transmit to the building official a report of all electrical work that has been done under the annual permit during the preceding month. A fee specified in the fee schedule shall be paid for each annual registered maintenance electrician's permit at the time the such permit is issued. In addition, fees shall be paid for all work installed under such a permit, in accordance with the fee schedule, at the time the work is inspected.
B. "Registered maintenance electrician" shall mean a person holding a valid certificate of registration as maintenance electrician issued by a recognized agency.
15.12.030 - Dangerous electrical equipment.
For the purpose of this chapter, any electrical equipment existing in any type of occupancy which has any or all of the conditions or defects described as follows shall be deemed dangerous, and such equipment shall be replaced, repaired, reinstalled, reconstructed or removed:
A. The service panel(s) or sub-panel(s) show visual evidence of an overload.
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7 B. The working space in front of any service panel or sub-panel as outlined in table 110.26(A)(1) is not properly maintained.
C. Live front panels are being maintained or used.
D. The fuses or circuit breakers are rated higher than those permitted by the Electrical Code.
E. The electrical conductor is in an unapproved raceway.
F. The electrical conductors from different classes of service are in a common raceway.
G. Drop cords greater than six feet in length are used to connect electrical appliances.
H. The electrical equipment is not properly grounded for the protection of the electrical equipment as determined by the use being made thereof.
I. The electrical equipment is broken, cracked, or not properly maintained to meet the standards existing at the time the equipment was approved.
J. The electrical equipment is unsafe for the use intended.
15.12.040 - Solar photovoltaic systems.
Article 690 of the 2022 California Electrical Code is hereby amended by adding the following:
690.15.1 Disconnecting Means
A lockable type disconnecting means rated for the output amperage shall be installed immediately adjacent to the service equipment on the output side of the inverter.
Exception: If the inverter with an integrated disconnect is located adjacent to the service equipment (line of sight), the disconnecting means as stated above shall not be required.
15.12.050 - Stand-alone energy systems.
(a) General. Lancaster residents and business owners are permitted to construct and operate stand- alone electric energy systems, including, but not limited to, solar photovoltaic systems, fuel cell systems, battery systems, and wind electric systems, which can be disconnected from any and all utility grids and can operate with or without electrical energy storage ("Off-Grid Systems").
(b) Compliance with State and Local Laws. Any and all such Off-Grid Systems must comply with all applicable health and safety standards and requirements imposed by state and local permitting authorities, including, but not limited to, those set forth in the California Electrical Code and the California Energy Code, as may be amended from time to time, as well as all off-grid development standards approved by the Building Official.
15.12.060 - Issuance of permits.
A. No permit shall be issued to any person to do or cause to be done any electrical work regulated by this code unless such person is a duly licensed contractor as required by Chapter 9, Division 3 commencing with Section 7000 of the Business and Professions Code of the State of California except as otherwise provided herein.
B. Any permit required by this code may be issued to a person to do any electrical work regulated by this code in a single-family dwelling used exclusively for living purposes, including common accessories and minor poultry or agricultural buildings in the event that such person Ordinance No. 1094
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7 is the bonafide owner of such dwelling and accessory buildings and that the same is occupied and used exclusively by or are designated to be occupied and used exclusively by said owner.
An owner may be issued a permit for, or perform any electrical work covered by this code on a duplex (maximum two units) where one unit is used and occupied exclusively by the bona fide owner. An owner or property manager shall not be issued a permit for, or perform any electrical work regulated by this code on any rental or lease property except for a duplex (maximum two units) where one unit is exclusively used and occupied by the bona fide owner.
Chapter 15.16 - MECHANICAL CODE
15.16.010 - California Mechanical Code adopted by reference.
A. That certain mechanical code known and designated as the 2022 California Mechanical Code, including Appendix G, incorporating by adoption the Uniform Mechanical Code, 2021 Edition, published by the International Association of Plumbing and Mechanical Officials, with necessary California amendments, is hereby adopted by reference, and shall be and become the Lancaster Mechanical Code regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, and other miscellaneous heating ventilating, and air conditioning appliances on-premises within the city.
B. One copy of said 2022 California Mechanical Code has been deposited in the office of the Building Official and shall be at all times maintained by said Building official for use and examination by the public.
15.16.020 - Issuance of permits.
A. No permit shall be issued to any person to do or cause to be done any mechanical work regulated by this code unless such person is a duly licensed contractor as required by Chapter 9, Division 3 commencing with Section 7000 of the Business and Professions Code of the State of California except as otherwise provided herein.
B. Any permit required by this code may be issued to a person to do any mechanical work regulated by this code in a single-family dwelling used exclusively for living purposes, including common accessories and minor poultry or agricultural buildings in the event that such person is the bonafide owner of such dwelling and accessory buildings and that the same is occupied and used exclusively by or are designated to be occupied and used exclusively by said owner. An owner may be issued a permit for, or perform any mechanical work covered by this code on a duplex (maximum two units) where one unit is used and occupied exclusively by the bona fide owner. An owner or property manager shall not be issued a permit for, or perform any mechanical work regulated by this code on any rental or lease property except for a duplex (maximum two units) where one unit is exclusively used and occupied by the bona fide owner.
Chapter 15.20 - PLUMBING CODE
15.20.010 - California Plumbing Code adopted by reference.
A. That certain plumbing code known and designated as the 2022 California Plumbing Code, incorporating by the adoption of the Uniform Plumbing Code, 2021 Edition, published by the Ordinance No. 1094
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7 International Association of Plumbing and Mechanical Officials, including appendices A, B, D, G, H and I with necessary California amendments, and as herein amended, is hereby adopted by reference, and such code shall be and become the Lancaster Plumbing Code regulating plumbing, drainage, building sewers, and private sewage disposal systems and prescribing conditions under which such work may be carried on within the city and providing for the issuance of permits.
B. One copy of said 2022 California Plumbing Code has been deposited in the office of the Building Official and shall be at all times maintained by said Building Official for use and examination by the public.
15.20.020 - Issuance of permits.
A. No permit shall be issued to any person to do or cause to be done any plumbing work regulated by this code unless such person is a duly licensed contractor as required by Chapter 9, Division 3 commencing with Section 7000 of the Business and Professions Code of the State of California except as otherwise provided herein.
B. Any permit required by this code may be issued to a person to do any plumbing work regulated by this code in a single-family dwelling used exclusively for living purposes, including common accessories and minor poultry or agricultural buildings in the event that such person is the bonafide owner of such dwelling and accessory buildings and that the same is occupied and used exclusively by or are designated to be occupied and used exclusively by said owner.
An owner may be issued a permit for, or perform any plumbing work covered by this code on a duplex (maximum two units) where one unit is used and occupied exclusively by the bona fide owner. An owner or property manager shall not be issued a permit for, or perform any plumbing work regulated by this code on any rental or lease property except for a duplex (maximum two units) where one unit is exclusively used and occupied by the bona fide owner.
Chapter 15.22 - SECURITY CODE
15.22.010 - Purpose.
The purpose of this chapter is to set forth minimum standards of construction for resistance to unlawful entry.
15.22.020 - Scope.
The provisions of this chapter shall apply to enclosed groups B, F, M, R, and S occupancies and enclosed private garages.
15.22.030 - Limitations.
No provisions of this chapter shall require or be construed to require devices on exit doors or on sleeping room emergency exits contrary to the requirements specified in Chapter 10 and Section 310.4 of the California Building Code.
15.22.040 - Alternate security provisions.
The provisions of this chapter are not intended to prevent the use of any device or method of construction not specifically prescribed by this code when such alternate provides equivalent security based on a recommendation of the county sheriff or the city public safety office.
15.22.050 - Definitions.
For the purpose of this chapter, certain terms are defined as follows:
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7 "Cylinder guard" is a protective metal device of hardened steel, or with a hardened steel insert, that covers or surrounds the exposed portion of the lock cylinder for the purpose of protecting the cylinder from wrenching, prying, cutting, driving through, or pulling out by attack tools. "Deadbolt" is a bolt that has no automatic spring action and is operated by a key cylinder, thumb-turn or lever, and is positively held fast when in the projected position. "Deadlocking latch" is a latch in which the latch bolt is positively held in the projected position by a guard bolt, plunger or auxiliary mechanism.
"Latch" is a device for automatically retaining the door in a closed position upon its closing.
15.22.060 - Tests: Sliding glass doors.
Panels shall be closed and locked. Tests shall be performed in the following order:
15.22.061 Test A. With the panels in the normal position, a concentrated load of three hundred (300) pounds shall be applied separately to each vertical pull stile incorporating a locking device, at a point or the stile within six inches (152.4 mm) of the locking device, in the direction parallel to the plane of glass that would tend to open the door.
15.22.062 Test B. Repeat test A while simultaneously adding a concentrated load of one hundred fifty (150) pounds [s] to the same area of the same style in a direction perpendicular to the plane of glass toward the interior side of the door.
15.22.063 Test C. Repeat test B with the one hundred fifty (150) pound[s] (667.2 N) force in the reversed direction toward the exterior side of the door.
15.22.064 Tests D, E, and F. Repeat tests A, B, and C with the movable panel lifted upwards to its full limit within the confines of the door frame.
15.22.065 Identification. Sliding glass door assemblages subject to the provisions of this section shall bear a label or other approved means of identification indicating compliance with these tests. The label shall be a type authorized through a recognized testing agency that provides periodic follow-up inspection services.
15.22.070 - Tests: Sliding glass windows.
The sash shall be closed and locked. Tests shall be performed in the following order:
15.22.071 Test A. With the sliding sash in the normal position, a concentrated load of one hundred fifty (150) pounds shall be applied separately to each sash member incorporating a locking device, at a point on the sash member within six inches (152.4 mm) of the locking device, in the direction parallel to the plane of glass that would tend to open the window.
15.22.072 Test B. Repeat test A while simultaneously adding a concentrated load of seventy- five (75) pounds to the same area of the same sash member in the direction perpendicular to the plane of glass toward the interior side of the window.
15.22.073 Test C. Repeat test B with the seventy-five (75) pounds of force in the reversed direction toward the exterior side of the window.
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7 15.22.074 Tests D, E, and F Repeat tests A, B, and C with the movable sash lifted upwards to its full limit within the confines of the window frame.
15.22.075 Identification. Sliding glass window assemblages subject to the provisions of this section shall bear a label or other approved means of identification indicating compliance with these tests. The label shall be a type authorized through a recognized testing agency which provides periodic follow-up inspection service.
15.22.080 - Doors: General.
A door forming a part of the enclosure of a dwelling unit or of an area occupied by one tenant of a building shall be constructed, installed, and secured as set forth in Sections 15.22.090,
15.22.110 and 15.22.120, when such door is directly reachable or capable of being reached from a street, highway, yard, court, passageway, corridor, balcony, patio, breezeway, private garage, a portion of the building which is available for use by the public or other tenants, or similar area. A door enclosing a private garage with an interior opening leading directly to a dwelling unit shall also comply with said Sections 15.22.090, 15.22.100, 15.22.110, and
15.22.120.
15.22.090 - Doors: Swinging doors.
15.22.091 Swinging wooden doors which are operable from the inside without the use of a key shall be of one of the following constructions or shall be of a construction having equivalent forced entry resistance:
15.22.091.1 Solid core doors not less than one and three-eighths inches (35 mm) in thickness.
15.22.091.2 Wood panel type doors with panels fabricated of lumber not less than one and three-eighths inches (34.9 mm) thick, provided shaped portions of the panels are not less than one-fourth-inch (6.4 mm) thick. Individual panels shall not exceed 300 square inches (0.19 m2 ) in area. Stiles and rails shall be of solid umber with overall dimensions of not less than one and three-eighths inches (35 mm) in thickness and three inches (76 mm) in width. Mullions shall be considered a part of adjacent panels unless sized as required herein for stiles and rails, except mullions not over eighteen (18) inches (457 mm) long may have an overall width of not less than two inches (51 mm). Carved areas shall have a thickness of not less than three-eighths-inch (9.5 mm). Dimensional tolerances published in recognized industry standards may be utilized.
15.22.091.3 Hollow core doors or doors less than one and three-eighths inches (35 mm) in thickness, either of which are covered on the inside face with 16-gauge sheet metal attached with screws at six inches (152 mm) maximum centers around the perimeter.
Lights in doors shall be as set forth in Sections 15.22.140 and 15.22.150.
15.22.092 A single swinging door, the active leaf of a pair of doors, and the bottom leaf of Dutch doors shall be equipped with a deadbolt and a latch. If a key-locking feature is incorporated into the latching mechanism, a dead latch shall be used. The deadbolt and latch may be activated by one lock or by individual locks. Deadbolts shall contain hardened inserts, or the equivalent, so as to repel cutting tool attacks. The deadbolt lock or locks shall be key Ordinance No. 1094
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Exceptions:
1. The latch may be omitted from doors in group B occupancies.
2. In other than residential occupancies, locks may be key operated or otherwise operated from the inside when not prohibited by Chapter 10 of the California Building Code or other laws and regulations.
3. A swinging door of greater than five feet (1,524 mm) width may be secured as set forth in Section 15.22.110.
4. In residential occupancies, doors not required by Section 310.4 or 1004.1 of the California Building Code may be equipped with security-type hardware which requires a key to release from the interior side of the door if the sleeping rooms are protected with a fire warning system as set forth in Section 310.9 of the California Building Code and an automatic sprinkler system as required by Section 903.2.8 of the California Building Code.
A straight deadbolt shall have a minimum throw of one inch (25.4 mm) and the embedment shall not be less than five-eighths-inch (15.9 mm) into the holding device receiving the projected bolt. A hook-shaped or expanding lug deadbolt shall have a minimum throw of three-fourth-inch (19 mm) All deadbolts of locks that automatically activate two or more deadbolts shall embed at least one-half-inch (12.7 mm), but need not exceed three-fourth-inch (19 mm), into the holding devices receiving the projected bolts.
15.22.093 The inactive leaf of a pair of doors and the upper leaf of Dutch doors shall be equipped with a deadbolt or deadbolts as set forth in Section 6709.2.
Exceptions:
1. The bolt or bolts need not be key operated, but shall not be otherwise activated, from the exterior side of the door.
2. The bolt or bolts may be engaged or disengaged automatically with the deadbolt or by another device on the active leaf or lower leaf.
3. Manually operated hardened bolts that are at the top and bottom of the leaf and which embed a minimum of one-half-inch (12.7 mm) into the device receiving the projected bolt may be used when not prohibited by Chapter 10 or other laws and regulations.
15.22.094 Doorstops on wooden jambs for in-swinging doors shall be of one-piece construction with the jamb or joined by a rabbet.
15.22.095 Non-removable pins shall be used in pin-type hinges that are accessible from the outside when the door is closed.
15.22.096 Cylinder guards shall be installed on cylinder locks for deadbolts whenever the cylinder projects beyond the outside face of the door or is otherwise accessible to attack tools.
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7 15.22.100 - Doors: Sliding glass doors.
Sliding glass doors shall be equipped with locking devices and shall be so installed that, when subjected to tests specified in Section 15.22.060, they remain intact and engaged. Movable panels shall not be rendered easily openable or removable from the frame during or after the tests. Cylinder guards shall be installed on all mortise or rim-type cylinder locks installed in hollow metal doors whenever the cylinder projects beyond the face of the door or are otherwise accessible to gripping tools. Locking devices installed on sliding glass doors providing the exit required by Section 1003 or providing for the emergency escape or rescue required by Section 310.4 shall be releasable from the inside without the use of a key, tool, or excessive force.
15.22.110 - Doors: Overhead and sliding doors.
Metal or wooden overhead and sliding doors shall be secured with a deadbolt lock, padlock with a hardened steel shackle, or equivalent when not otherwise locked by electric power operation. Locking devices, when installed at the jamb of metal or wooden overhead doors, shall be installed on both jambs when such doors exceed nine feet (2,743 mm) in width. Metal or wooden sliding doors exceeding nine feet (2,743 mm) in width and provided with a jam- blocking device shall have the door side opposite the lock restrained by a guide or retainer.
Cylinder guards shall be installed on all mortise or rim-type cylinder locks installed in hollow metal doors whenever the cylinder projects beyond the face of the door or are otherwise accessible to gripping tools.
15.22.120 - Doors: Metal accordion grate or grille-type doors.
Metal accordion grate or grille type doors shall be equipped with metal guides at top and bottom, and a cylinder lock or padlock and hardened steel shackle shall be provided. Cylinder guards shall be installed on all mortise or rim-type cylinder locks installed in hollow metal doors whenever the cylinder projects beyond the face of the door or are otherwise accessible to gripping tools.
15.22.130 - Lights: general.
A window, skylight, or other light forming a part of the enclosure of a dwelling unit or of an area occupied by one tenant of a building shall be constructed, installed, and secured as set forth in Sections 15.22.140 and 15.22.150, when the bottom of such window, skylight or light is not more than sixteen (16) feet (4,877 mm) above the grade of a street, highway, yard, court, passageway, corridor, balcony, patio, breezeway private garage, a portion of the building which is available for use by the public or other tenants, or similar area. A window enclosing a private garage with an interior opening leading directly to a dwelling unit shall also comply with Sections 15.22.140 and 15.22.150.
15.22.140 - Lights: material.
Lights within forty (40) inches (1,016 mm) of a required locking device on a door when in the closed and locked position and openable from the inside without the use of a key, and lights with the least dimension greater than six inches (152 mm) but less than forty-eight (48) inches (1,219 mm) in groups B, F, M and S occupancies, shall be fully tempered glass, a laminated glass of at least one-fourth-inch (6.4 mm) thickness, approved burglary resistant material or guarded by metal bars, screens or grilles in an approved manner.
15.22.150 - Lights: Locking devices.
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7 15.22.151 Locking devices installed on windows providing the emergency egress required by Section 310.4 shall be releasable from the inside without the use of a key, tool, or excessive force.
15.22.152 Sliding glass windows shall be provided with locking devices that, when subject to the tests specified in Section 15.22.070, remain intact and engaged. Movable panels shall not be rendered easily openable or removable from the frame during or after the tests.
15.22.153 Other openable windows shall be provided with substantial locking devices which render the building as secure as the devices required by this section. In groups, B, F, M, and S occupancies, such devices shall be a glide bar, bolt, crossbar, and/or padlock with hardened steel shackle.
15.22.154 Special. Louvered windows, except those above the first story in group R occupancies which cannot be reached without a ladder, shall be of material or guarded as specified in Section 15.22.140, and individual panes shall be securely fastened by mechanical fasteners that require a tool for removal and are not accessible on the outside when the window is in the closed position.
15.22.160 - Other openings: General.
Openings, other than doors or lights, which form a part of the enclosure, or portion thereof, housing a single occupant, and the bottom of which is not more than sixteen (16) feet (4,877 mm) above the grade of a street, highway, yard, court, passageway, corridor, balcony, patio, breezeway or similar area, or from a private garage, or from a portion of the building which is occupied, used or available for use by the public or other tenants, or an opening enclosing a private garage attached to a dwelling unit with openings therein, shall be constructed, installed and secured as set forth in Section 15.22.170.
15.22.170 - Hatchways, scuttles, and similar openings.
15.22.171 Wooden hatchways of less than one and three-fourths-inch-thick (44 mm) solid wood shall be covered on the inside with 16-gage sheet metal attached with screws at six-inch- maximum (152 mm) centers around the perimeter.
15.22.172 The hatchway shall be secured from the inside with a slide bar, slide bolt, and/or padlock with a hardened steel shackle.
15.22.173 Outside pin type hinges shall be provided with non-removable pins or a means by which the door cannot be opened through the removal of hinge pins while the door is in the closed position.
15.22.174 Other openings exceeding ninety-six (96) square inches (0.062 m 2 ) with the least dimension exceeding eight inches (203 mm) shall be secured by metal bars, screens or grilles in an approved manner.
Chapter 15.24 - PROPERTY MAINTENANCE CODE
15.24.010 - International Property Maintenance Code provisions adopted by reference.
A. That certain property maintenance code known and designated as of the 2021 International Property Maintenance Code, including appendix A, published by the International Code Ordinance No. 1094
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7 Council, Inc., as herein amended, is hereby adopted by reference, and such codes shall be and become the International Property Maintenance Code of Lancaster, regulating the use and maintenance of all existing structures, premises and certain equipment therein, and providing penalties for violation of such codes.
B. One copy of said 2021 Property Maintenance Code has been deposited in the office of the Building Official and shall be at all times maintained by said Building official for use and examination by the public.
15.24.020 - Title.
Section 101.1 of the International Property Maintenance Code is hereby amended to read as follows:
101.1 Title. These regulations shall be known as the International Property Maintenance Code of Lancaster, hereinafter referred to as "this chapter."
15.24.030 - Application of other codes.
Section 102.3 of the International Property Maintenance Code is hereby amended to read as follows:
102.3 Application of other codes. Repairs, additions, or alterations of a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Lancaster Building Code, Lancaster Residential Code, Lancaster Energy Code, Lancaster Fire Code, Lancaster Zoning Code, Lancaster Plumbing Code, Lancaster Mechanical Code, and Lancaster Electrical Code.
15.24.040 - Enforcement authority.
Section 103.1 of the International Property Maintenance Code is hereby amended to read as follows:
103.1 Enforcement Authority. The Building Official of the City of Lancaster shall be the "code official" as defined in this chapter.
15.24.050 - Deputies.
Section 103.3 of the International Property Maintenance Code is hereby amended to read as follows:
103.3 Deputies. Building inspectors, code enforcement officers, public safety officers, and other City personnel designated by the City Manager and/or the Building Official are hereby appointed as deputies of the Building Official for purposes of enforcement of this chapter and are authorized to undertake such investigation, inspection and enforcement actions as necessary to the enforcement of this chapter.
15.24.060 - Fees.
Section 104.1 of the International Property Maintenance Code is hereby amended to read as follows:
104.1 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this chapter shall be paid as required, in accordance with the schedule as adopted by resolution of the City Council of the City of Lancaster as may be amended from time to time.
Ordinance No. 1094
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7 15.24.070 - Duties and powers of the code official.
Section 105 of the International Property Maintenance Code is hereby amended by adding subsection 105.8, to read as follows:
105.8 Regulations. The code official is authorized to promulgate rules and regulations to implement the provisions of this chapter.
15.24.080 - Appeals.
Section 107 and 108 of the International Property Maintenance Code are hereby repealed in their entirety and replaced with the following:
108 Appeals. Appeals of orders, decisions, or determinations of the Building Official are limited to those enumerated in Chapter 15.04 of this code and shall be filed, scheduled, and conducted in accordance with the provisions set forth in said Chapter 15.04.
15.24.090 - Violations.
Section 109 of the International Property Maintenance Code is hereby deleted in its entirety and replaced with the following:
109 Violations. It is unlawful for any person to violate any provision or to fail to comply with any requirement of this chapter. Any person violating this chapter is subject to the penalty, administrative and abatement provisions set forth in Chapters 1.12, 1.16, and 8.28 of the Lancaster Municipal Code.
15.24.100 - Notices and orders.
Section 110 of the International Property Maintenance Code is hereby deleted in its entirety and replaced with the following:
110 Notices and orders. Whenever the code official determines that there has been a violation of this chapter or has grounds to believe that a violation has occurred, he/she may give notice in a manner that comports with the Lancaster Administrative Code, Lancaster Dangerous Buildings Code, other applicable provisions of the Lancaster Municipal Code, and/or the State Housing Law (commencing with Section 17910 of the California Health & Safety Code).
15.24.110 - Unsafe structures and equipment.
Section 111.1.1 of the International Property Maintenance Code is hereby amended to read as follows:
111.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property, or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of a fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. A vacant structure that is not adequately secured against entry is hereby deemed unsafe.
15.24.120 - Terms defined in other codes.
Section 201.3 of the International Property Maintenance Code is hereby amended to read as follows:
Ordinance No. 1094
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7 201.3 Terms defined in other codes. Where terms are not defined in this chapter and are defined in the Lancaster Building Code, Lancaster Fire Code, Lancaster Zoning Code, Lancaster Plumbing Code, Lancaster Mechanical Code, or Lancaster Electrical Code, such terms shall have the meanings ascribed to them as stated in those codes.
15.24.130 - Definitions.
Section 201.6 of the International Property Maintenance Code is hereby added to read as follows:
201.6 Definitions. Whenever any of the names or terms defined in this section is used in this Code, each such name or term shall be deemed and construed to have the meaning ascribed to be in this section as follows:
"Building Code" shall mean chapter 15.08 of the Lancaster Municipal Code. "Residential Code" shall mean Chapter 15.09 of the Lancaster Municipal Code. "Code Official" shall mean the Building and Safety Official of the City of Lancaster. "Electrical Code" shall mean Chapter 15.12 of the Lancaster Municipal Code. "Elevator Code" shall mean the California Elevator Safety Construction Code. "Energy Code" shall mean Chapter 15.28 of the Lancaster Municipal Code. "Fire Code" shall mean Chapter 15.32 of the Lancaster Municipal Code. "Green Building Standards Code" shall mean Chapter 15.34 of the Lancaster Municipal Code.
"Historical Building Code" shall mean Chapter 15.30 of the Lancaster Municipal Code. "Jurisdiction" shall mean the City of Lancaster.
"Mechanical Code" shall mean Chapter 15.16 of the Lancaster Municipal Code. "Plumbing Code" shall mean Chapter 15.20 of the Lancaster Municipal Code. "Property Maintenance Code" shall mean Chapter 15.24 of the Lancaster Municipal Code.
"Technical Codes" shall mean Chapters 15.08, 15.09, 15.12, 15.16, 15.20, 15.22, 15.24,
15.25, 15.28, 15.30, 15.32 and 15.34 of the Lancaster Municipal Code.
15.24.140 - General.
Section 202 of the International Property Maintenance Code is hereby amended by amending the definitions of "owner" and "person" and by adding the definition of "responsible person," as follows:
202 General definitions.
Ordinance No. 1094
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7 Owner. Any person having legal title to, or who leases, rents, occupies, or has charge, control, or possession of, any real property in the City, and/or the personal property thereon, including all persons shown as owners on the last equalized assessment roll of the Los Angeles County Assessor's Office. Owners include persons with powers of attorney, executors of estates, trustees, court-appointed administrators, conservators, guardians, or receivers.
Person. Any individual, partnership of any kind, corporation, limited liability company, association, joint venture, or other organization or entity, however, formed, as well as trustees, heirs, executors, administrators or assigns, or any combination of such persons. "Person" also includes any public entity or agency that acts as an owner in the City.
Responsible Person. Any person, whether as an owner as defined herein, or otherwise, that allows, causes, creates, maintains, or permits a violation of this code, by any act or the omission of any act or duty. The actions or inactions of a responsible person's agent, employee, representative,e or contractor may be attributed to that responsible person.
15.24.150 - Weeds.
Section 302.4 of the International Property Maintenance Code is hereby amended to read as follows:
302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of six (6) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants, and vegetation, other than trees or shrubs; however, this term shall not include cultivated flowers, fruits, and/or vegetables.
15.24.160 - Insect screens.
Section 304.14 of the International Property Maintenance Code is hereby amended to read as follows:
304.14 Insect screens. Every door, window, and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged, or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or insect-repellent fans, are employed.
15.24.170 - Heating and air conditioning facilities.
Section 602 of the International Property Maintenance Code is hereby amended to read as follows:
602 Heating and Air Conditioning Facilities
15.24.180 - Facilities required.
Section 602.1 of the International Property Maintenance Code is hereby amended to read as follows:
Ordinance No. 1094
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7 602.1 Facilities required. Heating and air conditioning facilities shall be provided in structures as required by this section.
15.24.190 - Residential occupancies.
Section 602.2.1 of the International Property Maintenance Code is hereby added as follows:
602.2.1 Residential occupancies. Dwellings shall be provided with air conditioning facilities at all times, capable of maintaining a maximum room temperature of 80ºF in all habitable rooms.
15.24.200 - Heat and air conditioning supply.
Section 602.3 of the International Property Maintenance Code is hereby amended to read as follows:
602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units shall supply heat at all times to maintain a minimum temperature of 68º F (20º C) in all habitable rooms, bathrooms, and toilet rooms.
15.24.210 - Air conditioning supply.
Section 602.3.1 of the International Property Maintenance Code is hereby added as follows:
602.3.1 Air conditioning supply. Every owner and operator of any building who rents, leases, or lets one or more dwelling units or sleeping units shall supply air conditioning at all times, to maintain a maximum temperature of 80º F in all habitable rooms,
15.24.220 - Occupiable workspaces.
Section 602.4 of the International Property Maintenance Code is hereby amended to read as follows:
602.4 Occupiable workspaces. Indoor occupiable work spaces shall be supplied with heat at all times to maintain a minimum temperature of 65º F (18º C) during the period the spaces are occupied.
Exceptions:
1. Processing, storage, and operation areas that require cooling or special temperature conditions.
2. Areas in which persons are primarily engaged in vigorous physical activities.
15.24.230 - Mechanical equipment.
Section 603.1 of the International Property Maintenance Code is hereby amended to read as follows:
603.1 Mechanical appliances All mechanical appliances, fireplaces, evaporative coolers, solid fuel-burning appliances, cooking appliances, and water heating appliances shall be properly installed and maintained in a safe working condition and shall be capable of performing the intended function.
Chapter 15.25 - USE OF PLACARDS
15.25.010 - Intent.
Ordinance No. 1094
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7 This chapter establishes standard placards to be used to indicate the condition of a structure and its suitability for continued occupancy following an earthquake or other emergency or natural disaster. The chapter further authorizes the building official and his or her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.
15.25.020 - Application of provisions.
The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the City of Lancaster. The city council may extend the provisions as necessary.
15.25.030 - Definitions.
"Authorized safety evaluator" means an authorized city representative who is a certified post- disaster safety assessment program evaluator.
"Building official" means the building official of the City of Lancaster and/or his or her authorized designee.
"Code" means the Lancaster Municipal Code.
"Person" means and includes any individual, partnership, corporation, limited liability company, association, or other organization or entity.
"Safety assessment" is a visual, non-destructive examination of a building or structure for the purpose of determining its condition and suitability for continued occupancy.
15.25.040 - Placards.
A. Three placards shall be used to designate the condition and permissible continued occupancy of buildings or structures, as follows:
1. "INSPECTED - Lawful Occupancy Permitted" shall be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure.
2. "RESTRICTED USE" shall be posted on each building or structure that has sustained damage such that occupancy must be limited, in the area and/or time, in order to protect life safety.
The authorized safety evaluator shall identify on the placard the type of damage observed, in general terms, and shall clearly and concisely identify the restrictions on continued occupancy.
3. "UNSAFE - Do Not Enter or Occupy" shall be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. A building or structure that has been posted with this placard shall not be entered, occupied or used at any time, for any purpose, without prior written authorization by the building official.
Authorized safety evaluators or other authorized designees of the building official shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order.
The authorized safety evaluator shall identify the placard and will note in general terms the type of damage observed.
Ordinance No. 1094
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7 B. This ordinance number, and the address and phone number of the Lancaster Building and Safety Division shall be permanently affixed to each placard.
15.25.050 - Enforcement.
City building inspectors, code enforcement officers, and Los Angeles County Sheriff's deputies are authorized to enforce the restrictions identified on a placard in any manner authorized by law, including but not limited to the abatement provisions set forth in Chapter
8.28 of this Code, to cause the premises to be vacated and secured to ensure conformance with the placard restrictions.
15.25.060 - Violations.
A. It is unlawful for any person to enter, occupy or use a building or structure, or portion thereof, at a time or in a manner that does not conform to the restrictions identified on a placard, except as follows:
1. A person may enter a building or structure, or portion thereof, with the prior written authorization of the building official. Such entry must be in full conformance with the restrictions set forth in the written authorization.
B. It is unlawful for any person, other than the building official, to remove, alter, deface or cover a placard that has been posted on a building or structure.
Chapter 15.28 - ENERGY CODE
15.28.010 - California Energy Code provisions adopted by reference.
A. That certain energy code known as the 2022 California Energy Code, including appendix 1- A, and appendix 1-B published by the International Code Council, Inc., is hereby adopted by reference, and such code shall be and become the Lancaster Energy Code, regulating the construction, enlargement, alteration, repair, moving, conversion, use, occupancy and maintenance of all structures and certain equipment therein and providing penalties for violation of such codes.
B. One copy of said 2022 California Energy Code has been deposited in the office of the Building Official and shall be at all times maintained by said Building Official for use and examination by the public.
Chapter 15.30 - HISTORICAL BUILDING CODE
15.30.010 - California Historical Building Code provisions adopted by reference.
A. That certain historical building code known and designated as the 2022 California Historical Building Code, published by the International Code Council, Inc., is hereby adopted by reference, and such code shall be and become the Lancaster Historical Building Code, regulating the enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, use, height, area and maintenance of all qualified historical structures and certain equipment therein and providing penalties for violation of such codes.
B. One copy of said California Historical Building Code 2022 Edition has been deposited in the office of the Building Official and shall be at all times maintained by said Building Official for use and examination by the public.
Ordinance No. 1094
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7 Chapter 15.32 - FIRE CODE
15.32.010 – California Fire Code adopted by reference.
A. That certain fire code known as the 2022 California Fire Code, while maintaining the 2020 Los Angeles County Fire Code, including appendix B, appendix C, appendix J, appendix K, and appendix L, of the 2022 California Fire Code all published by the International Code Council, Inc., as herein amended, is hereby adopted by reference and such code shall be and become the Lancaster Fire Code which prescribes regulations governing conditions hazardous to life and property from fire or explosion within the city.
B. If a conflict should exist between the 2022 California Fire Code and the 2020 Los Angeles County Fire Code, then the more restrictive will govern.
C. One copy of said County of Los Angeles Fire Code 2023 Edition has been deposited in the office of the Building Official and shall be at all times maintained by said Building Official for use and examination by the public.
15.32.020 - Board of appeals.
Section 103.1.4 of the Los Angeles County Fire Code, Appeals, is hereby deleted in its entirety and replaced with the following:
103.1.4 Appeals. Appeals shall be filed, scheduled, and conducted in the manner set forth in Chapter 15.04 of the Lancaster Municipal Code.
15.32.030 - Definitions and abbreviations.
Article 2 of the Los Angeles County Fire Code, Definitions and Abbreviations, is hereby added or amended whenever any of the names or terms defined in this section are used in this Code, and each such name or term shall be deemed and construed to have the meaning ascribed to be in this section as follows:
"Building Code" shall mean chapter 15.08 of the Lancaster Municipal Code. "Building Official" shall mean the Building Official of the City of Lancaster. "Garage" is a building or portion thereof in which a motor vehicle containing flammable or combustible liquids or gas in its tank or an electric vehicle with a rechargeable storage battery, fuel cell, photovoltaic array, or other sources of electric current is stored, repaired, charged (electric vehicle only) or kept.
"Garage, Private" is a building or portion of a building not more than 1,000 square feet in area in which a motor vehicle containing flammable or combustible liquids or gas in its tank or an electric vehicle with a rechargeable storage battery, fuel cell, photovoltaic array, or other sources of electric current is stored, repaired, charged (electric vehicle only) or kept. "Governing Body" shall mean Lancaster City Council.
"Jurisdiction" shall mean the City of Lancaster.
"Mechanical Code" shall mean chapter 15.16 of the Lancaster Municipal Code. "Plumbing Code" shall mean chapter 15.20 of the Lancaster Municipal Code.
Ordinance No. 1094
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7 15.32.040 - Obstruction of fire apparatus access roads.
Section 503.4 shall read as published in the 2022 California Fire Code without Los Angeles County amendments.
15.32.050 - Traffic calming devices.
Section 503.4.1 shall be deleted in its entirety.
Chapter 15.34 - GREEN BUILDING STANDARDS CODE
15.34.010 - California Green Building Standards Code provisions adopted by reference.
A. That certain Green Building Standards Code known and designated as the 2022 California Green Building Standards Code, published by the International Code Council, Inc., is hereby adopted by reference, and such codes shall be and become the Lancaster Green Building Standards Code, regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, use, height, area and maintenance of all structures and certain equipment therein and providing penalties for violation of such codes.
B. One copy of said California Green Building Standards Code 2022 Edition has been deposited in the office of the Building Official and shall be at all times maintained by said Building Official for use and examination by the public.
Chapter 15.36 - EXISTING BUILDING CODE
15.36.010 - California Existing Building Code provisions adopted by reference.
A. That certain existing building code is known and designated as the 2022 California Existing Building Code, incorporating by adoption the 2021 edition of the International Existing Building Code with necessary California amendments, all published by the International Code Council, Inc., and as herein amended, are hereby adopted by reference, and such codes shall be and become the Lancaster Existing Building Code, regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, use, height, area and maintenance of all structures and certain equipment therein, and the grading of premises, and providing penalties for violation of such codes.
B. One copy of said 2022 California Existing Building Code has been deposited in the office of the Building Official and shall be at all times maintained by said Building Official for use and examination by the public.
15.36.020 - Enforcement authority.
Section 103.1 of the Existing Building Code is hereby amended to read as follows:
103.1 Enforcement Authority. The Building Official of the City of Lancaster shall be the "code official" as defined in this chapter.
15.36.030 - Deputies.
Section 103.3 of the Existing Building Code is hereby amended to read as follows:
103.3 Deputies. Building inspectors, code enforcement officers, public safety officers, and other City personnel designated by the City Manager and/or the Building Official are hereby appointed as deputies of the Building Official for purposes of enforcement of this chapter and are authorized to undertake the such investigation, inspection and enforcement actions as necessary to the enforcement of this chapter.
Ordinance No. 1094
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7 15.36.040 - Permits—Expiration.
Section 105.5 of the Existing Building Code is hereby amended to read as follows:
105.5 Expiration. Except as set forth in subsection 105.5.2, every permit issued for property within the City of Lancaster shall expire by limitation and become null and void as follows:
(i) If work authorized by such permit is not commenced within 180 days from the issuance date of the permit.
(ii) If work authorized by such permit is commenced within 360 days from the issuance date of the permit, such permit shall expire by limitation and become null and void if the work authorized by such permit is suspended or abandoned. For purposes of this subsection, "suspended or abandoned" shall mean that the permittee has, for a period of 180 days or longer after commencing the work authorized by such permit, failed to make substantial progress toward completion of the work, as determined by the Building Official. Failure to schedule, undergo and/or pass a requisite interim or final inspection for a period of 360 days or longer since the issuance date of the permit or 180 days since the most recent interim inspection may be deemed to constitute a failure to make substantial progress toward completion of the work. The Building Official may, in his/her sole discretion, grant, in writing, one or more extensions of time, for periods, not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. (iii) In the event of permit expiration, before work authorized pursuant to the expired permit can be commenced or recommenced, a new permit shall first be obtained (hereafter, a "renewal permit"). To obtain a renewal permit, the applicant may be required to resubmit plans and specifications, if deemed necessary by the Building Official and/or the City's Planning Director. The applicant must pay all applicable fees, including but not limited to a plan check fee and building permit fees, in the amount then established by the resolution of the City Council. If renewal permits are applied for, a mandatory site inspection shall be performed by Building & Safety to determine that existing conditions and materials comport with this code. All work to be performed under a renewal permit must be performed in accordance with all applicable technical codes, regulations, laws, and ordinances in effect on the date of issuance of the renewal permit. Renewal permits are subject to expiration as set forth in (ii), above.
(iv) In the event of permit expiration, any work performed under that permit is "unpermitted" as defined in Section 114.1 of this chapter, and is subject to the legalization provisions of section 114.5 of this chapter.
105.5.2 Expiration — Unpermitted structures or grading. Notwithstanding any provision of section 105.5, if a building permit was issued in order to bring an unpermitted structure, unpermitted grading, or other unlawful, substandard or hazardous condition into compliance with any applicable law, ordinance, rule or regulation, such permit shall expire by limitation and become null and void sixty (60) days after the issuance date of such permit, if the permittee has failed to make substantial progress toward completion of the work as determined by the Building Official. Failure to schedule, undergo and/or pass a requisite interim or final inspection for a period of 60 days since the issuance date of the permit or since the most recent interim inspection may be deemed to constitute a failure to make substantial progress toward completion of the work. The Building Official Ordinance No. 1094
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7 may, in his/her sole discretion, grant, in writing, one or more extensions of time, for periods, not more than 60 days each. The extension shall be requested in writing and justifiable cause demonstrated.
15.36.050 - Fees.
Section 108.2 of the Existing Building Code is hereby amended to read as follows:
108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as adopted by resolution of the City Council of the City of Lancaster, as may be amended from time to time.
15.36.060 - Use and occupancy.
Section 110.1 of the Existing Building Code is hereby amended by adding a new subsection 110.1.1 to read as follows:
110.1.1 Use and occupancy — utilities. No building or portion thereof shall be occupied for any purpose in the absence of all requisite properly installed and fully functional permanent utilities. There shall be no exceptions without the express written consent of the Building Official. For purposes of this section, an off-grid energy system, as defined in Section 15.12.050 of the Lancaster Municipal Code, shall be deemed a permanent utility provided the system complies with said Section 15.12.050 and with all off-grid development standards approved by the Building Official.
15.36.070 - Board of appeals.
Section 112 of the Existing Building Code is hereby deleted in its entirety and replaced with the following:
112 Appeals. Appeals of orders, decisions, or determinations of the Building Official are limited to those enumerated in Chapter 15.04 of this code and shall be filed, scheduled, and conducted in accordance with the provisions set forth in said Chapter 15.04.
15.36.080 - Violations—Unlawful acts.
Section 113.1 of the Existing Building Code is hereby amended to read as follows:
113.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish, occupy or maintain any building, structure, equipment, installation, or land regulated by the Technical Codes, or cause or permit the same to be done, in conflict with or in violation of any of the provisions of the Technical Codes.
113.1.1 Unpermitted structures. No person shall own, use, occupy or maintain an unpermitted structure. For purposes of this section, "unpermitted structure" shall be defined as any building or structure, or portion thereof, or any electrical, plumbing, mechanical, or other installation or fixture, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, installed, converted, demolished or equipped, at any point in time by any person, without the required permit(s) having first been obtained from the Building Official or with a valid permit as issued by the Building Official which subsequently expired and became null and void.
Ordinance No. 1094
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7 113.1.2 Unpermitted grading. No person shall own, use, occupy or maintain unpermitted grading. For purposes of this section, "unpermitted grading" shall be defined as any land which has been excavated, cut, filled, graded, compacted, or terraced, at any point in time by any person, without the required permit(s) having first been obtained from the Building Official or with a valid permit as issued by the building which subsequently expired and became null and void.
15.36.090 - Violations—Violation penalties.
Section 113.4 of the Existing Building Code is hereby amended to read as follows:
113.4 Violation Penalties. Any person, firm, or corporation who violates any provision of this chapter or any Technical Code, or fails to comply with any of the requirements thereof, or who erects, constructs, alters, repairs or maintains a building, structure, installation, or equipment, or excavates, cuts, fills, grades, compacts or maintains land in violation of approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this chapter or any Technical Code, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to the punishments set forth in Chapter 1.12 of the Lancaster Municipal Code.
15.36.100 - Violations—Legalizing procedures.
Section 113 of the Existing Building Code is hereby amended by adding subsection 113.5 to read as follows:
113.5 Procedure for legalizing unpermitted structures or grading. The procedures specified within subsections 113.5.1 through 113.5.6 shall be followed whenever an attempt is made to legalize an unpermitted structure or unpermitted grading. 113.5.1 Permits. Any person who wishes to legalize an unpermitted structure or unpermitted grading, as defined in Subsections 113.1.1 and 113.1.2, shall obtain all applicable permits. Unpermitted structures and grading shall comply with this chapter and all current Technical Code requirements and other required approvals pursuant to the Lancaster Municipal Code in order to be legalized. Permits obtained to legalize unpermitted structures or grading shall expire as set forth in Section 105.5.1 of this chapter.
113.5.2 Plans. Prior to the issuance or granting of any permit to legalize an unpermitted structure, plans showing the plot plan, exterior elevations, existing structures, proposed structures, and proposed finish materials shall be submitted to the Building Official and Planning Director, or their designees, for review and approval. 113.5.3 Grading. Prior to the issuance or granting of any permit to legalize unpermitted grading, a grading, and drainage plan showing the original grade and existing unpermitted grade on the premises the existing grade on adjoining properties, and a soils report shall be submitted to the Building Official for review and approval. 113.5.4 Inspections. Unpermitted structures or unpermitted grading for which a permit has subsequently been obtained shall be subject to inspection by the Building Official in accordance with, and in the manner prescribed in, this chapter and/or the applicable Technical Codes. The Building Official may require the removal of finish materials in Ordinance No. 1094
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7 order to expose framing elements, electrical components, plumbing fixtures or mechanical systems, or may require the removal of the fill, to verify that installation, construction, or grading was performed in conformance with the Technical Codes. 113.5.5 Investigation. Whenever any work for which a permit is required by this code has commenced on land or in connection with any type of structure without first obtaining a said permit a special investigation may be required (at the discretion of the Building Official) before a permit may be issued for such work. For purposes of this section, "special investigation" shall include, but is not limited to, inspecting premises and structures, reviewing permits, licenses, and other records of the City or other agencies, reviewing plans, taking photographs, engaging in conferences and communications with other officials of the City or other agencies, and engaging in conferences and communications with owners or other responsible persons concerning the unpermitted structure or grading.
113.5.5.1 Fee. A special investigation fee shall be paid prior to the issuance of a permit for an unpermitted structure or unpermitted grading. The fee shall be equal to the amount of time expended by City officials in undertaking the special investigation, as defined in Section 113.5.5, charged at the hourly rate that has been established by resolution of the City Council for recovery of code enforcement re- inspection fees, as may be amended from time to time. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. 113.5.6 Unpermitted structures or grading which cannot be legalized. If the Development Services Director or his/her designee determines that the City's zoning regulations prohibit the legalization of any unpermitted structure, the structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections, and approvals.
If the Building Official determines that an unpermitted structure cannot be made to conform to the current applicable Technical Code requirements, the structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections, and approvals.
If the Building Official determines that unpermitted grading and/or lot drainage cannot be made to conform with current applicable Technical Code requirements, the land shall be fully restored to the condition that preceded the unpermitted grading, with all requisite permits, inspections, and approvals.
15.36.110 - Unsafe building and equipment—Notice.
Section 115 of the Existing Building Code is hereby amended by deleting subsections 115.3 and 115.4 and adding a new subsection 115.3 to read as follows:
115.3 Notices and orders. Whenever the code official determines that there has been a violation of this chapter or has grounds to believe that a violation has occurred, he/she may give notice in a manner that comports with the Lancaster Administrative Code, the Lancaster International Property Maintenance Code, Chapter 8.28 or other applicable provisions of the Ordinance No. 1094
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7 Lancaster Municipal Code, and/or the State Housing Law (commencing with Section 17910 of the California Health & Safety Code).
15.36.120 - Existing structures.
Chapter 3 of the Existing Building Code is hereby amended by adding section 324 to read as follows:
324 Repairs to buildings and structures damaged by the occurrence of a natural disaster or fire
324.1 Purpose. The purpose of this section is to provide a defined level of repair for buildings damaged by a natural disaster in the City of Lancaster when a formal state of emergency has been proclaimed. This section shall also apply when an individual building has been damaged by fire or another disaster.
324.2 General. Required repair levels shall be based on the ratio of the estimated value of the repairs required to restore the structural members to their pre-event condition to the estimated replacement value of the building or structure.
324.3 Structural Repairs. When the damage ratio does not exceed 0.10 (10 percent), buildings and structures, except essential service facilities, shall at a minimum be restored to their pre-event condition.
When the damage ratio is greater than 0.10 (10 percent) but less than 0.5 (50 percent), buildings and structures, except essential service facilities, shall have the damaged structural members including all critical ties and connections associated with the damaged structural members, all structural members supported by the damaged member, and all structural members supporting the damaged members repaired and strengthened to bring them into compliance with the force levels and connection requirements of the Building Code. These criteria shall apply to essential service facilities when the damage ratio is less than 0.30 (30 percent).
Exception:
For buildings with rigid diaphragms where the above-required repair and strengthening increase the rigidity of the resisting members, the entire lateral-force- resisting system of the building shall be investigated. When, in the opinion of the Building Official, an unsafe or adverse condition has been created as a result of the increase in rigidity, the condition shall be corrected.
When the damage ratio is greater than 0.5 (50 percent), buildings and structures, except essential service facilities, shall at a minimum have the entire building or structure strengthened to comply with the force levels and connection requirements of the Building Code. These criteria shall apply to essential service facilities when the damage ratio is greater or equal to 0.3 (30 percent). 324.4 Nonstructural Repairs to Light Fixtures and Suspended Ceilings. Under all damage ratios, when light fixtures and the suspension system of suspended ceilings are Ordinance No. 1094
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7 damaged, the damaged light fixtures and ceiling suspension systems shall be repaired to fully comply with the requirements of this code. In buildings and structures where suspended ceiling systems are present, undamaged light fixtures and ceiling suspension systems shall have the additional support and bracing, provided that is required in this code.
Chapter 15.38 - REFERENCED STANDARDS CODE
15.38.010 - California Referenced Standards Code provisions adopted by reference.
A. That certain referenced standards code known and designated as the 2022 California Referenced Standards Code, published by the International Code Council, Inc., is hereby adopted by reference, and such codes shall be and become the Lancaster Referenced Standards Code, regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, use, height, area and maintenance of all structures and certain equipment therein and providing penalties for violation of such codes.
B. One copy of said California Referenced Standards Code 2022 Edition has been deposited in the office of the Building Official and shall be at all times maintained by said Building Official for use and examination by the public.
Chapter 15.40 - BUILDING NUMBERS
Article 1. - Numbering System
15.40.010 - Adoption by reference of the county house numbering and Mobilehome numbering system.
The house numbering and mobile home numbering system ordinance of the county of Los Angeles, known as Ordinance No. 1325, is adopted by reference. All references to the county of Los Angeles and the county engineer have been replaced, respectively, with references to the city of Lancaster and the public works director of the city.
15.40.020 - General provisions.
Unless the provision or the context otherwise requires, the general provisions, rules of construction, and definitions in this and the following sections shall govern the construction of this chapter.
15.40.030 - Definitions.
As used in this chapter:
"Board" means the city council of the city of Lancaster. "City" means the city of Lancaster.
"Mobilehome" means a vehicle designed and equipped for human habitation, and for being drawn by a motor vehicle.
"Mobilehome park" means any area or tract of land where:
1. One or more mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation; or
2. Two or more mobile home lots are in the lawful possession of separate persons and are used by such persons to accommodate mobile homes used for human habitation. "Public works director" means the public works director of the city of Lancaster.
Ordinance No. 1094
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7 "Road" means and includes both a city highway and a private street, road, or accessway "Section" means a section of this chapter unless some other ordinance or statute is specifically mentioned.
Shall, May. Shall is mandatory. May is permissive.
The singular includes the plural and the plural the singular.
15.40.040 - Division of city into districts.
The public works director shall divide the city into one or more districts in order that he may, whenever requested to do so by the city council, establish numbers to be allotted along any road in any part of the city.
15.40.050 - Establishment of house numbers.
The public works director, whenever so requested by the board, shall establish the house numbers along any road in the city and the numbers so established, when adopted and approved by the board, shall be the official numbers for the such road.
15.40.060 - Mobile home parks.
A. Filing Plans. Prior to March 1, 1974, or not less than thirty (30) days after the establishment of a mobile home park, whichever last occurs, the owner or proprietor of a mobile home park shall file with the public works director a plan (which may be a rough plan not drawn to scale) showing:
1. The mobile home lots including dimensions thereof;
2. The access ways thereto including dimensions, angles, and radii required to reconstruct the configuration of such access way;
3. The names or numbers of the access ways;
4. The number assigned to each mobile home lot;
B. Mobile home Numbers. On each access way odd numbers in consecutive order shall be assigned on one side and even numbers in consecutive order shall be assigned on the other side. Mobile home parks completed and operative as of April 6, 1981, shall not be required to modify existing systems.
C. Action by Public Works Director. Upon receipt of the plan provided for by this chapter, the public works director shall examine the same and determine whether or not the proposed numbering of the mobile home lots will facilitate the finding of the occupants of the mobile homes parked thereon, whether the names of the access ways will duplicate the names of nearby roads or other access ways to such an extent as to cause confusion. He may make such changes in the plan as he finds necessary in order that the location of the occupants of the mobile home park may be ascertained. He shall return the plan as submitted or as amended by him as the case may be showing his approval of the plan to the owner or proprietor of the mobile home park.
D. Compliance with Plan. Within ten (10) days after receiving the approved plan from the public works director, the owner or proprietor of the mobile home park shall post legible signs in letters or figures not less than three inches in height at the end of, and at each intersection of, Ordinance No. 1094
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7 the access ways showing the names or numbers thereof and either place the number assigned to each mobile home in such a position on the mobile home to be plainly visible from the access way, such number to be not less than four inches in height, or notify in writing the occupant of each mobile home to do so. Such number shall be of a sufficient color contrasting with the background to make the signs, letters, or figures clearly identifiable during daylight or hours of darkness.
E. General Regulations. The owner or proprietor of a mobile home park shall:
1. Post at the entrance thereof a central directory which shall show the layout of the access ways and the numbering system of the mobile home park;
2. Affix on the mobile home, house, or other structure occupied by the manager of the mobile home park in such a position as to be clearly visible from the access way, a sign in letters not less than four inches in height, reading "Office," "Manager" or some other word indicating the same.
15.40.070 - Notification of, and duty of, occupants.
A. Notification by Public Works Director. The public works director shall notify all owners of property or persons in possession of property along any road upon which official numbers have been established pursuant to Sections 15.40.050 and 15.40.060 of this chapter, of the numbers so assigned.
If the public works director finds that no number has been affixed to any mobile home in a mobile home park for which a number has been assigned by an approved plan or that the number affixed is not the number so assigned, he shall so notify the occupant of such mobile home of the number assigned thereto.
B. Duties of Owners and Occupants. Within ten (10) days after the owner or occupant of any property along a road for which official numbers have been assigned or the occupant of any mobile home for which a number has been assigned has been notified as required by this chapter of the number so assigned he shall:
1. Remove any existing number which is not the number assigned;
2. Place the number assigned in digits not less than four inches in height upon the property, residence, structure or mobile home in such a position and in contrasting color as to be plainly visible from the road or access way.
15.40.080 - Apartment house plans, posting of plans.
The owner or proprietor of an apartment house consisting of six or more dwelling units shall post at or near the primary entrance to the building or buildings a brief descriptive diagram which clearly indicates the numerical, alphabetical or identification pattern or layout showing the location of each dwelling unit, including floor levels and access patterns.
15.40.090 - Design specifications for numbers on buildings.
All apartment houses, commercial buildings, industrial buildings, and all businesses shall have address numbers eight inches in height on a contrasting background.
15.40.100 - Applicability.
These provisions shall be applicable to all new buildings, all changes of occupancies, all new tenant improvements, and new business.
Ordinance No. 1094
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Any person, firm or corporation who shall violate, neglect, or refuse to comply with any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than ten dollars ($10.00) nor more than thirty dollars ($30.00), or by imprisonment in the county jail for not less than ten (10) days nor more than thirty (30) days, or by both such fine and imprisonment.
Article 2. - Number Painting
15.40.120 - Painting of house numbers.
All persons, firms and corporations engaged in the painting of house numbers on street curbs in the city shall comply with the provisions of this article.
15.40.130 - License required.
Except as otherwise provided herein, it shall be unlawful for any person, firm, or corporation to engage in the painting of house numbers on street curbs in the city without first having obtained a business license pursuant to Chapter 5.04 of the Lancaster Municipal Code.
15.40.140 - Paint requirements.
Persons, firms and corporations engaged in the painting of house numbers pursuant to this article shall use a paint acceptable to and approved by the code enforcement division of the city's community development department. Prior to painting house numbers, the person, firm or corporation shall submit a sample of his/her/its paint, or a receipt therefor, to the code enforcement division of the city's community development department.
15.40.150 - Numbering specifications.
All house numbering pursuant to this Article shall conform to the house numbering maps maintained by the building official. House numbers shall be painted in black on a white background and shall be preferably four inches in height but in no event less than three inches in height. Persons, firms and corporations engaged in the painting of house numbers pursuant to this article shall submit stencils to the code enforcement division of the city's community development department for review and approval prior to engaging in any house number painting.
15.40.160 - Property owner permission required.
Prior to painting the number for a house, the person, firm or corporation engaged in the painting shall obtain the express written consent of the property owner on a form approved by the city.
15.40.170 - Areas of operation.
Persons, firms and corporations engaged in the painting of house numbers on street curbs shall keep the city continually apprised of the dates and locations of his/her/its proposed operations and shall obtain the prior approval of the city before conducting painting operations in a particular area.
15.40.180 - Advertising materials.
All advertising materials and solicitations for house number painting shall indicate the price of the number painting service, or in the case of nonprofit entities the amount of the requested donation, and shall clearly state that the painting of house numbers on street curbs is not required by the city. Persons, firms, and corporations engaged in the painting of house numbers on street curbs shall submit samples of all advertising materials and solicitations to Ordinance No. 1094
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7 the code enforcement division of the city's community development department for approval prior to use.
15.40.190 - Insurance.
Persons, firms, and corporations engaged in the painting of house numbers pursuant to this article shall obtain insurance as required by the city and shall provide proof of such insurance to the code enforcement division of the city's community development department prior to undertaking the painting of any house numbers hereunder.
Chapter 15.44 - CLEARING PERMITS
15.44.010 - Clearing permit.
A person shall not clear or grub any lot exceeding one-half acre within the city without first obtaining a clearing permit from the city. No such permit shall be required in the event that a grading permit has been issued with respect to the property.
15.44.020 - Findings and decision.
An application for a clearing permit shall not be approved unless the building and engineering services department of the city determines that the proposed development will not result in significant blowing dust or erosion of topsoil.
15.44.030 - Violation—Penalty.
A person violating any provision of this chapter shall be guilty of a misdemeanor. Conviction shall be punishable in accordance with Chapter 1.12 of this code or an order to restore the native vegetation removed in violation of this chapter or the denial of a clearing permit from the city for a period of five years from the date of conviction or any combination of the penalties herein. Exception: A person shall be exempt from this section in the event they are required to remove vegetation at the request of the Los Angeles County fire department, flood control district, or any other governmental agency.
Chapter 15.45 - SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS
15.45.010 - Title and Purpose.
The purpose of the Small Residential Rooftop Solar Energy System Ordinance, from which this chapter is derived, is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This chapter encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install solar energy systems. This chapter allows the City to achieve these goals while protecting public health and safety.
15.45.020 - Definitions.
The following words and phrases as used in this section are defined as follows:
"Electronic submittal" means a pdf uploaded through the online permitting portal. "Small residential rooftop solar energy system" means all of the following:
Ordinance No. 1094
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7 1. A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal.
2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or re-designated from time to time.
3. A solar energy system that is installed on a single or duplex family dwelling.
4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.
"Solar energy system" has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or re-designated from time to time.
15.45.030 - Duties of the Building Official.
A. Section 65850.5 of the California Government Code provides that in developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review. The building official is hereby authorized and directed to develop and adopt such a checklist.
B. The checklist shall be published on the city's internet website. The applicant may submit the permit application and associated documentation to the City's building official by personal, mailed, or electronic submittal together with any required permit processing and inspection fees.
15.45.040 - Permit Review and Inspection Requirements.
A. Prior to submitting an application, the applicant shall:
1. Verify to the applicant's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and
2. At the applicant's cost, verify to the applicant's reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground, and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system's current use, to carry all new photovoltaic electrical loads.
B. For a small residential rooftop solar energy system eligible for expedited review, only one (1) inspection shall be required, which shall be done in a timely manner. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however, the subsequent inspection need not conform to the requirements of this subsection.
C. An application that satisfies the information requirements in the checklist, as determined by the building official, shall be deemed complete. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the Ordinance No. 1094
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7 application and any additional information required to be eligible for expedited permit issuance.
D. Upon confirmation by the building official of the application and supporting documentation being complete and meeting the requirements of the checklist, the building official shall administratively approve the application and issue all required permits or authorizations. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.
Chapter 15.46 - ELECTRIC VEHICLE CHARGING STATIONS
15.46.010 - Title and Purpose.
The purpose of this chapter is to promote and encourage the use of electric vehicles, in accordance with California Government Code Section 65850.7, by creating an expedited, streamlined permitting process for electric vehicle charging stations, while promoting public health and safety and preventing specific adverse impacts on the installation and use of such charging stations.
15.46.020 - Definitions.
A. "Electric vehicle charging station" or "charging station" means any level of electric vehicle supply equipment station that is designed and built-in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
B. "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
C. "Electronic submittal" means a pdf uploaded through the online permitting portal.
15.46.030 - Duties of the Building Official.
Consistent with Government Code Section 65850.7, the building official shall:
A. Implement an expedited, streamlined permitting process for electric vehicle charging stations; B. Adopt a checklist of all requirements with which electric vehicle charging stations shall comply in order to be eligible for expedited review, which shall be based on the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" of the Governor's Office of Planning and Research;
C. Ensure that the expedited, streamlined permitting process and checklist shall be published on the city's website.
D. Approval is not subject to Association approval.
15.46.040 - Permit Review and Inspection Requirements.
A. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impacts on public health Ordinance No. 1094
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7 and safety and building occupants. Verification by the applicant includes but is not limited to:
electrical system capacity and loads; electrical system wiring, bonding, and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking. Upon filing the application, the applicant shall pay a permit application fee as established by the resolution adopted by the city council as amended from time to time.
B. A permit application that satisfies the information requirements in the City's adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the building official that the permit application and supporting documents meet the requirements of the city-adopted checklist, and are consistent with all applicable laws and health and safety standards, the building official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until final inspection and approval of the installation of the station have been granted by the city. If the building official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
C. If the building official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact on public health or safety, as defined in this chapter, the city may require the applicant to apply for a use permit.
D. Consistent with Government Code Section 65850.7, the building official shall allow for electronic submittal of permit applications covered by this section and associated supporting documentation. In accepting such permit applications, the building official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.
15.46.050 - Electric Vehicle Charging Station Installation Requirements.
A. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories, such as Underwriters Laboratories, and rules of the public utility commission or a municipal electric utility company regarding safety and reliability.
B. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means, and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.
C. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.
D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.
Chapter 15.52 - FLOOD CONTROL
Ordinance No. 1094
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7 15.52.010 - Adoption by reference of county regulations.
Except as hereinafter provided, Ordinance No. 1549 and Ordinance No. 5468, as amended and in effect on February 21, 1978, of the county of Los Angeles, being the "Interference with Flood Control Works" Ordinances of the county of Los Angeles are adopted by reference as the "Interference with Flood Control Works" Ordinances of the city of Lancaster.
15.52.020 - Public record.
Three copies of said Ordinance No. 1549 and Ordinance No. 5468 of the county of Los Angeles, as amended and in effect on February 21, 1978, have been deposited in the office of the city clerk of the city of Lancaster, and shall be at all times maintained by said clerk for use and examination by the public.
15.52.030 - Definitions.
Whenever any of the following names or terms are used in said Ordinance No. 1549 of Ordinance No. 5468 of the county of Los Angeles, as amended, each name or term shall be deemed or construed to have the meaning ascribed to it in this section as follows:
"Board of supervisors" means the city council of the city of Lancaster. "County" or "county of Los Angeles" or "unincorporated area" means the city of Lancaster.
15.52.040 - Violation—Penalty.
Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. Each person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a separate offense for each day or portion thereof during which such violation continues and shall be punishable therefor as herein provided.
Chapter 15.64 - DEVELOPMENT IMPACT FEES
15.64.010 - Purpose and intent.
The city council of the city finds that new development of land within the city imposes increased demands on the city's capital improvements and operational service requirements.
This chapter establishes the urban structure program for the adoption and administration of development impact fees by the city for the benefit of the citizens whereby as a condition to the issuance of a building permit by the city the property owner or laud developer will be required to pay development impact fees or provide other consideration to the city for the purpose of defraying the costs of public expenditures for capital improvements and operational services which will benefit such new development The development impact fees established herein shall be imposed in an amount based upon a unit of measurement, including but not limited to, the gross square footage, number of acres, number of lane miles, number of residential dwelling units, or some similarly fair and reasonable basis in order to finance such capital improvement and operational services, the demand for which is generated by new development in the city. New development impact fees shall not exceed the cost of providing capital improvements and operational services for which the need is attributable to those development projects that pay the fees.
15.64.020 - Definitions.
Ordinance No. 1094
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7 Unless the context shall require otherwise, the definitions set forth in this section shall apply to the following terms as used in this chapter:
"Building permit" means the permit required for new construction and additions pursuant to this title. The term "building permit," as used herein, shall not be deemed to include permits required for remodeling, rehabilitation, or other improvements to an existing structure or rebuilding a damaged or destroyed structure, provided there is no increase in gross floor area of commercial or industrial development or in the number of dwelling units in residential developments resulting therefrom.
"Capital improvements" means any and/or all of the public facilities and infrastructure improvements including the acquisition of land, design, and construction, equipping and installation, and related capital costs which are to be financed in whole or in part by the imposition of development impact fees.
"Capital improvements program" means the city's annually updated program indicating the approximate mate location, size, time schedule, and estimates of cost for public facilities and improvements.
"City" means the City of Lancaster.
"Commercial development" means any development designated or intended to be occupied or used for retail commercial, nonretail commercial, general business, or other commercial purposes, including sleeping rooms in hotels and motels with or without kitchens or kitchen facilities. It does not mean repair or replacement of a commercial building that has been accidentally damaged or destroyed by natural causes or human activity provided there is no increase in the floor area of the building.
"Council" means the city council of the city.
"Department" means the community development department of the city. "Development" or "development project" means any man-made change to improved or unimproved real property, the use of any principal structure or land, or any other activity that requires the issuance of a building permit.
"Development impact fees" means any monetary exaction, other than a tax or special assessment, which is charged to an applicant in connection with the approval of a development project for the purpose of defraying all or a portion of the cost of capital improvements and operational services related to the development project, subject to the exceptions set forth in California Government Code Section 66000 et seq.
"Industrial development" means any development designed or intended for manufacturing, processing, research, warehousing, or similar uses. It does not mean repair or replacement of an industrial building that has been accidentally damaged or destroyed by natural causes or human activity provided there is no increase in the floor area of the building. "Operational services" means public services and maintenance which are to be financed in whole or in part by the imposition of development impact fees. "Report" means the Urban Structure Documentation Report of the Urban Structure Program which the city council approved on March 1, 1993, and as amended on August 24, 1999, Ordinance No. 1094
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7 pursuant to the provisions of California Government Code Section 66000 et seq., which report is on file with the city clerk of the city.
"Residential development" means any development consisting of dwelling units as defined in Title 17. It does not mean:
1. Any addition to an existing single-family home; or
2. Repair or replacement of a residential building that has been accidentally damaged or destroyed by natural causes or human activity provided there is no increase in the number of dwelling units; or
3. New construction of a single-family dwelling unit on a lot or parcel of land with an area of not less than two acres which was created prior to the adoption of the ordinance codified in this chapter.
15.64.030 - Development impact fees.
In order to implement the goals, objectives, policies, and specific actions of the general plan of the city, the capital improvement program and the city's annually adopted budget; to protect the health, safety, and general welfare of the city's population; to mitigate impacts of new development on the level of service capacity in existing facilities; and to ensure that the burdens of financing capital improvements and operational services are borne by the development projects benefited thereby, and except as otherwise expressly set forth elsewhere in this municipal code, every person constructing any new residential, commercial or industrial development shall pay to the city prior to issuance by the city of a building permit the development impact fees set forth hereinbelow and such other development impact fees as the city council may adopt by resolution or ordinance as necessary and appropriate from time to time.
15.64.040 - Traffic Impact fee.
A. To mitigate the additional traffic burdens created by new development to the city's arterial and collector street system, a street improvements fee will be imposed on all new development in the city to finance the costs of street improvements, including acquisition, widening, and reconstruction, street landscaping, intersection improvements, and freeway interchange improvements.
B. The city manager may authorize the deferred payment of the nonresidential traffic impact fees required by this Section 15.64.040 if the city manager determines that the development complies with all requirements for such deferred payments as set forth in Chapter 15.77 of this Title 15.
15.64.050 - Traffic signalization fee.
A. To mitigate additional burdens created by new development to the city's traffic problems beyond the financial ability of the city to control, a traffic signalization fee will be imposed on all new development in the city to finance the costs of traffic signalization improvements.
B. The city manager may authorize the deferred payment of the nonresidential traffic signalization fee required by this Section 15.64.050 if the city manager determines that the development complies with all requirements for such deferred payments as set forth in Chapter 15.77 of this Title 15.
15.64.060 - Drainage/flood control improvements fee.
Ordinance No. 1094
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7 A. In order to implement the goals, objectives, policies, and specific actions of the Lancaster general plan and the city's master plan of drainage, and to mitigate the stormwater runoff impacts caused by new development, a drainage/flood control improvements fee will be imposed on all new development in the city pursuant to Article II of Chapter 13.04.
B. The city manager may authorize the deferred payment of the nonresidential drainage fees required by this Section 15.64.060 if the city manager determines that the development complies with all requirements for such deferred payment that are set forth in Chapter 15.77 of this Title 15
15.64.070 - Park acquisition fee.
To mitigate the impacts of new residential development on the availability of open space land and park and recreational facilities, a park acquisition fee will be imposed on all new residential development in the city.
15.64.080 - Park development fee.
To mitigate the impacts of new residential development on the availability of open space land and park and recreational facilities, a park development fee will be imposed on all new residential development in the city. The park development fee shall provide funds for the development of parks, recreation, and arts facilities.
15.64.090 - Administrative office fee.
To mitigate the burdens and increased demand for providing administrative facilities needed to serve new development and to support the well-being and general welfare of the city's residents and businesses, an administrative office fee will be imposed on all new development in the city. The administrative offices' fee shall be used to finance land acquisition, design, construction, equipping, and related capital costs for administrative facilities.
15.64.100 - Corporate yard facilities fee.
To mitigate the burdens and increased demand for governmental services created by new development and to provide adequate public services and support to the city's growing population, a corporate yard facilities fee will be imposed on all new development in the city.
The corporate yard facilities fee shall be used to finance land acquisition, and design. construction, equipping, and related capital costs for municipal storage and equipment repair facilities.
15.64.110 - Resolution establishing the amount of development impact fees.
The city council shall by resolution establish and periodically adjust the amount of the development impact fees specified in this chapter, which resolution(s) shall be consistent with the requirements of Assembly Bill 1600 (Chapter 927 Statutes 1989) as set forth in California Government Code Section 66000, et seq. and shall include the following:
A. Identify the purpose of the fee;
B. Identify the use to which the fee will be put;
C. Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed;
D. Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed; and Ordinance No. 1094
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7 E. Determine how there is a reasonable relationship between the specific amount of the fee imposed on a development project and the cost of the needed public facilities attributable to that development project.
15.64.120 - Determination of fees.
Upon the receipt by the department of an informal request or of an application by a property owner or land developer for any development activities, the department shall determine and give written notice to the property owner or land developer of the applicability of this chapter to said development, the amount, if any, of developable land to which such approval relates and the amount of the fee(s) payable pursuant to the resolution(s) adopted pursuant to Section
15.64.160, which may be expressed in terms of a formula. The department need not give written notice to the property owner or land developer for informal requests or in the event that it determines that no fee relating to such development is payable pursuant to this chapter and the resolution(s).
15.64.130 - Payment of fees.
After the adoption by the city council of a resolution establishing the amounts of the development impact fees, no building permit shall be issued and no development shall be permitted on any land within the city unless and until the development impact fees relating to such development and established by the resolution(s) adopted pursuant to Section 15.64.160 has been paid unless a determination has been made by the department that no fee is payable pursuant to this chapter. Development impact fees payable in connection with mobile home park development shall be paid by the property owner or land developer prior to issuance by the city of off-site improvement permits. With respect to residential developments, the requirement that a property owner or land developer pay the development impact fees prior to the issuance of a building permit is imposed pursuant to Government Code Section 66007(b).
15.64.140 - Delinquency, penalty, and interest.
If the construction of any residential, commercial or industrial development is commenced without payment of the applicable development impact fees herein set forth and without obtaining a building permit therefor, such fees shall become delinquent at the time such construction is commenced. There shall be added to such delinquent fees a penalty of twenty- five (25) percent, which shall thereupon become payable. The fees and penalty shall bear interest at the rate of 0.833 percent per month or portion thereof until paid, but in no event shall such interest exceed the maximum rate of interest permitted by law. Such action shall also be subject to payment of building permit fees and penalties as established by the city council.
15.64.150 - Administration of development impact fees.
All of the fees collected pursuant to this chapter shall be deposited into separate specific amounts for capital improvements and operational services of the city. These funds and any interest earnings thereon shall be used solely for the purposes specified for funds of such account and solely for the financing of capital improvements and operational services or to reimburse the city for capital improvements and operational services funded or constructed in whole or in part by the city.
15.64.160 - Consideration in lieu of fees— Credits.
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7 A. The provision of Sections 15.64.030 and 15.64.170 to the contrary notwithstanding, upon application by a property owner or land developer, the city council may accept consideration in lieu of the development impact fees required pursuant to this chapter, provided:
1. The city council, upon recommendation of the city staff, finds that the substitute consideration proposed has a value equal to or greater than such fee; and
2. The substitute consideration is in a form acceptable to the city council.
B. A property owner or land developer may elect to construct capital improvement(s). If the property owner or land developer elects to construct such improvement(s), the property owner or land developer must enter into an agreement with the city prior to the issuance of any building permit by the city. The agreement must establish the estimated cost of the improvement(s), the schedule for initiation and completion of the improvement(s), a requirement that the improvement(s) be completed to city standards, and such other terms and conditions as deemed necessary by the city.
C. A property owner, land developer, a commercial or industrial enterprise may be entitled to a waiver, reduction, or deferral in the traffic impact fees established in Section 15.64.040, the traffic signalization fees established in Section 15.64.050 and the drainage/flood control improvement fees established in Section 15.64.060 if the city manager determines that development will contribute a significant amount of sales tax to the city, will create a substantial number of jobs, or will enhance the city's quality of life or produce other desirable benefits to the community, commercial or industrial enterprise.
15.64.170 - Development impact fee nonexclusive.
The development impact fees established herein are additional and supplemental to, and not in substitution for, any other requirements imposed by the city on the development of land or the issuance of building permits. The development impact fee(s) are intended to be consistent with and to further the goals, objectives, policies, and specific actions of the general plan of the city; the report; and other city policies, ordinances, and resolutions by which the city seeks to ensure the provision of public facilities and services in conjunction with the development of land. In no event shall a property owner or land developer be obligated to pay for capital improvements and operational services in an amount in excess of the amount calculated pursuant to this chapter and the resolution(s) adopted pursuant to Section 15.64.160; provided, however, a property owner or land developer may be required to pay, pursuant to city ordinances, regulations or policies for other public facilities and services, including, without limitation, subdivision improvements and other fees associated with development.
15.64.180 - Appeals.
A. If the property owner or land developer for any development project feels that the development impact fee(s) assessed to his or her development do not accurately reflect the project's fiscal impacts, the property owner or land developer may, at his or her own expense, undertake an independent financial analysis of the development project, per the requirements of the "Guidelines For Independent Analysis" contained within the report. The such financial analysis shall be submitted to the department for review. The department may recommend the original development impact fee(s), as derived from the urban structure program model established by the report, is accurate and will apply to the project; the independent analysis and estimate of the development impact fee(s) are accurate and will apply to the project; a Ordinance No. 1094
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7 negotiated estimate of the development impact fee(s) is agreed upon to apply to the project, or that additional information and further study are required from the property owner or land developer. Any property owner or land developer aggrieved by the determinations of the department hereunder may appeal said determinations pursuant to the uniform appeal procedure set forth in Chapter 2.44. B. If the city council finds and determines that the amount of the development impact fee(s) deposited exceeds the amount of the development impact fee(s) required by the development project, the difference shall be reimbursed to the property owner or the land developer.
C. If the notice of appeal is accompanied by a cash deposit in an amount equal to the development impact fee(s) due as calculated by the department, the chief building official shall issue the building permit. The filing of an appeal shall not stay the collection of the development impact fee(s).
Chapter 15.66 - BIOLOGICAL IMPACT FEE
15.66.010 - Purpose and intent.
The city council finds that new development of land within the city results in an incremental effect on biological resources, including loss of habitat and reduction in total numbers of flora and fauna on a regional basis. This chapter establishes the adoption, collection, administration, and use of a biological impact fee to mitigate the long-term incremental impact of adding new development. Further, in recognizing the regional nature of such impacts and the need for regional mitigation for them, as well as the statutory authority over biological resources granted to various federal and state agencies by law, this chapter establishes the basis for such impact fees, conditions under which they are reduced or waived, and the situations under which such fees shall terminate.
15.66.020 - Basis of the impact fee.
The city council expressly finds that the biological impact fee is expressly adopted for the purpose of mitigating biological impacts on a regional basis. Therefore, the establishment of such fees shall be based on expected regional effects from new development and fees necessary to contribute to the city's "fair share" to mitigate such impacts on a regional basis.
In establishing the criteria listed in Section 15.66.070 of this chapter, it is the intent of the city council that such fees may be expended either within or outside the city limits in order to achieve the goal of regional mitigation.
15.66.030 - Adoption of the impact fee.
The city council shall adopt the biological impact fee by resolution. In accordance with Section 15.66.020 of this chapter, this fee shall be based on the city's expected "fair share" to mitigate regional impacts of new development.
15.66.040 - Applicability of impact fee.
The biological impact fee shall be applicable to all new development of vacant land and payable as follows:
A. Land Subdivisions. All new subdivisions, as defined in Chapter 16 of the Lancaster Municipal Code, shall pay the biological impact fee prior to city council approval of a final subdivision map.
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7 B. New Development Approvals. New development which requires the approval of a conditional use permit, site plan review, or a director's review, or which requires the approval of the director of community development under a specific plan or other ordinance, shall pay the biological impact fee prior to issuance of a grading permit on the property.
C. Request for Approval Extensions. Subdivisions and development projects which were approved prior to the adoption of the biological impact fee shall be required to pay the biological impact fee as a condition of any requested time extension allowed by the Lancaster Municipal Code.
15.66.050 - Exceptions.
The biological impact fee shall not be applicable in the following situations:
A. Agricultural Production. The biological impact fee shall not apply to the use of the property for agricultural production since such use does not permanently convert vacant land to development. Such exception shall not apply, however, to approvals for processing or warehousing facilities that constitute a development of the vacant property.
B. Temporary Uses. The biological impact fee shall not apply to uses that are temporary in nature, including but not limited to, seasonal sales lots, temporary outdoor events, and similar activities provided that the director of community development has determined that such temporary use will not permanently convert vacant land to development.
C. Expansion of Existing Buildings and Uses on Developed Property. The biological impact fee shall not apply to the expansion of existing buildings or uses on the developed property, where the director of community development has determined that such expansion will not intrude into significant areas of vacant land.
D. Development of Existing Residential Parcels. The biological impact fee shall not apply to the development of new residential uses on existing legally created parcels. Such exception shall not apply to situations where a legally created parcel is further subdivided, which shall pay the impact fee in accordance with Section 15.66.040(A) of this chapter.
E. Fee Precluded by Development Agreement. The biological impact fee shall not apply where an adopted development agreement specifically prohibits its imposition.
15.66.060 - Reduction or waiver of the biological impact fee.
Development subject to the biological impact fee may have such fee reduced or waived under the following circumstances:
A. Development Projects Subject to Statutory Permits by a State or Federal Agency. When a development project is required by state or federal statute to obtain a permit from a regulatory agency other than the city including, but not limited to an incidental take permit from the United States Fish and Wildlife Service (USFWS) or the California Department of Fish and Game (CDFG), a streambed alteration permit from the CDFG, or similar permit, the biological impact fee established by this chapter may be reduced or waived as follows:
1. The development project is required to provide mitigation in the form of land or fees as a condition of the permit, and the applicant provides proof that such fees have been paid or land acquired.
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7 2. In cases where the mitigation fees paid or the cost of the land acquisition does not exceed the adopted biological impact fee, the development project shall pay the biological impact fee minus the other mitigation costs.
3. In cases where the mitigation fees paid or the cost of the land acquisition exceeds the adopted biological impact fee, the biological impact fee is waived.
B. Separate Agreement with State or Federal Agency. When a development project has entered into a separate agreement not covered under subsection A of this section with a state or federal agency for the purpose of mitigating the biological effect of that project through the payment of fees, acquisition of land, or other means, and the state or federal agency has expressly stated that such agreement fully mitigates the biological effects of the development project, the biological impact fee shall be waived.
15.66.070 - Administration of fee and allowable uses.
All biological impact fees shall be held in a separate account and shall only be expended upon an affirmative vote of a majority of the city council specifying the amount and use of such fees. Such fees shall only be expended for the following purposes:
A. Acquisition of Mitigation Land. Fees may be expended for the purpose of acquiring or paying a third party for the acquisition of, land for the permanent conservation of habitat or species. Such acquisition may include land outside of the city of Lancaster; however, it is the intent of this chapter that any such lands contain habitat or species that will compensate for the incremental loss of same within the city limits. In identifying such acquisition sites, the city may consult with the USFWS or CDFG for assistance.
B. Restoration of Habitat. Fees may be expended for the purpose of restoring habitat within identified permanent conservation areas.
C. Environmental Education. Fees may be expended for the purpose of funding environmental education, provided that the city council finds that such efforts will contribute to a long-term improvement in the regional environment by increasing public awareness of the biological resources of the region.
D. Other Uses. Fees may be expended for other uses provided that the city council finds that such use will meet the intent of this chapter. The city council expressly finds that assignment of such fees to a group with the authority to administer a regional conservation plan, such as the proposed West Mojave coordinated management plan, is within the intent of this chapter.
15.66.080 - Termination of the biological impact fee.
The city council shall terminate the biological impact fee at such time as the city becomes subject to a habitat conservation plan or other regional plans that meet the intent of this chapter.
Chapter 15.72 - PARK-IN-LIEU FEES
15.72.010 - Definitions.
The following words and phrases whenever used in this ordinance shall be construed as defined in this section:
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7 "Bedroom" means a room intended to be furnished with a bed and intended primarily for sleeping.
"City" means the city of Lancaster, California.
"Construct" means the putting together, assembling, erecting or altering of construction materials, components, or modules into a structure, or portion of a structure, and includes reconstructing, enlarging or altering any structure. Construct also includes the moving and locating of a building, or portions thereof, onto a lot or parcel of land, and also includes the improvement of land as a mobile home park.
"Dwelling unit" means a separate single-family habitation structure or unit containing a bedroom or bedrooms and shall include:
1. A single-family dwelling;
2. Each separate apartment or habitation unit comprising a multiple-dwelling structure or condominium; and
3. Each space or pad is designed and allocated to accommodate a mobile home within a mobile home park.
"Mobile home park" means any area or tract of land where one or more mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation.
"Mobile home space" means any area or portion of a mobile home park designated, designed, or used for the occupancy of one mobile home on a temporary, semi-permanent or permanent basis.
"Person" means any domestic or foreign corporation, firm, association, syndicate, joint-stock company, a partnership of any kind, joint venture or common law trust, society, club, or individual.
15.72.020 - Applicability.
Each person who constructs any dwelling unit or units as defined in this chapter containing bedrooms in the city shall pay a fee or dedicate land in lieu of the payment of the fee and/or dedication of land as provided for in Resolution No. 85-56, as it may be amended, adopted in conjunction herewith. All fees and/or dedications pursuant to a said resolution shall be deposited or dedicated to the city as provided in this chapter.
15.72.030 - Exemptions.
The fee imposed under this chapter shall not apply to the following:
A. Enlargement, remodeling, and/or alteration of a building; B. Reconstruction of a building that was damaged or destroyed by earthquake, fire, flood, or other cause over which the owner has no control (provided that compliance with any building code or another ordinance requirement of the city shall not be deemed a cause over which the owner has no control). If the number of dwelling units in the building is increased, then the fee imposed under this chapter shall apply to such increased number of dwelling units;
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7 C. Replacement of any building on the same lot, if the construction of the new building is commenced within twelve (12) months from the date the previous building was substantially removed from the lot.
15.72.040 - Payment of fee.
Any fee and/or dedication of land required to comply with any provision(s) of this chapter shall be paid prior to the issuance of any building permit for the construction of any dwelling unit or mobile home space. Such fee shall be paid to the city. Land dedication of parcels not within the project may be considered at the discretion of the city.
15.72.050 - Refund of a fee.
A fee paid under this chapter for the construction of a new dwelling unit that is not built is refundable. A refund shall be made upon the application of the property owner to the city and upon the owner's showing that the construction of a new dwelling unit has not been commenced and the building permit issued therefor has expired, has been canceled, or has been revoked. The application must be made within one year from the cancellation, expiration,o r revocation of the building permit, provided, however, no refund shall be made when a dwelling unit is damaged or destroyed. In addition, no refund shall be made for mobile home spaces upon final approval of the construction permit for a mobile home park. In no case shall any refund exceed ninety (90) percent of the total fee collected to offset costs incurred by the city for administering this fee.
15.72.060 - Credit of open space.
No credit shall be given for private open space in residential development.
Chapter 15.76 - FIRE PROTECTION FEES
15.76.010 - Purpose and intent.
The city council of the city finds that new development of land within the city imposes increased demands on the city's public facility infrastructure and service requirements. This chapter is intended to establish a fire protection fee for fire protection and emergency medical services pursuant to the agreement between the Consolidated Fire Protection District of Los Angeles County ("district") and the city of Lancaster ("city") for the adoption and administration of the developer fee by the city for the benefit of the district whereby as a condition to the issuance of a building permit by the city the owner or land developer will be required to pay a fire protection fee or provide other considerations to the district for the purpose of defraying the costs of public expenditures for fire protection and emergency medical services and facilities which will benefit such new development. The development impact fee established herein shall be imposed in an amount based upon the gross square footage of new residential and nonresidential development or some similarly fair and reasonable basis in order to finance facilities, the demand for which is generated by new development in the city. Fire protection fees shall not exceed the cost of providing capital improvements for which the need is substantially attributable to those developments that pay the fees.
15.76.020 - Definitions.
Unless the context shall require otherwise, the definitions set forth in this section shall apply to the following terms as used in this chapter:
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7 "Building permit" means the permit required for new construction and additions pursuant to this title. The term "building permit," as used herein, shall not be deemed to include permits required for remodeling, rehabilitation, or other improvements to an existing structure or rebuilding a damaged or destroyed structure, provided there is no increase in gross floor area of commercial or industrial development or in a number of dwelling units resulting therefrom. "Capital improvement plan" means the capital improvement plan entitled developer fee detailed fire station plan dated May 1991, as may be revised, prepared by the district and adopted by resolution of the county of Los Angeles or such similar comprehensive plan adopted by resolution of the city council of the city which identifies specific capital improvements to be undertaken, and indicates the approximate location, size, time of availability, and estimates of cost for all facilities or improvements to be financed with fire protection fees and other necessary features.
"Capital improvements" means any and/or all of the public facilities, including the acquisition of land, design, and construction, improvements, equipping, and installing of same, and which facilities are identified in the capital improvements plan to be financed in whole or in part by the imposition of a fire protection fee.
"City" means the city of Lancaster. "Council" means the city council of the city. "Development" means any man-made change to improved or unimproved real property, the use of any principal structure or land, or any other activity that requires the issuance of the building permit.
"District" means the consolidated fire protection district of Los Angeles County. "Fire protection fee" means any monetary exaction, other than a tax or special assessment, which is charged to an applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities for fire protection and emergency medical services related to the development project, subject to the exceptions set forth in California Government Code Section 66000 et seq.
15.76.030 - Fire protection fees.
In order to implement the goals and objectives of the general plan of the city, to protect the health, safety, and general welfare of the city's population, to mitigate impacts of new development on the level of fire service capacity in existing facilities, and to ensure that the burdens of financing capital improvements may be borne by all of the development projects benefited thereby, every person constructing any new residential, commercial or industrial development shall pay fire protection fees to the district prior to issuance by the city of a building permit. The fire protection fee shall be used to finance capital improvements. The imposition of fire protection fees identified in this chapter is dependent upon the adoption by the council of a capital improvement plan.
15.76.040 - Resolution approving capital improvement plan and establishing the amount of fire protection fees.
A. The council shall by resolution:
1. Adopt the capital improvements plan to identify by category the specific capital improvements to be financed in whole or in part by fire protection fees; and Ordinance No. 1094
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7 2. Establish the amount of the fire protection fees specified in this chapter, which resolution shall be consistent with the requirements of Assembly Bill 1600 (Chapter 927 Statutes 1987) as set forth in California Government Code Section 66000, et seq. and shall include the following:
a. Identify the purpose of the fee,
b. Identify the use to which the fee will be put,
c. Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed,
d. Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed, and e. Determine how there is a reasonable relationship between the specific amount of the fee imposed on a development project and the cost of the needed public facilities attributable to that development project.
B. The city council may by resolution amend the capital improvements plan and/or the fire protection fees upon completion of studies by the district or the city or upon determination of the availability of funds or financing to pay the cost of the capital improvements.
15.76.050 - Payment of fees.
A. After the adoption by the council of a resolution establishing the amounts of the fire protection fees, no building permit shall be issued and no development shall be permitted on any land within the city, unless and until the fire protection fees relating to such development and established by the resolution adopted pursuant to Section 15.76.040 have been paid in that amount or provision has been made for such payment to the satisfaction of the district, unless (i) a determination has been made by the district and the city department of public works that no fee is payable pursuant to this chapter, or (ii) the city manager has authorized the deferral of such fees in accordance with this Section 15.76.050.
B. The city manager may authorize the deferred payment of the nonresidential fire facilities impact fee required by this Section 15.76.050 if the city manager determines that development complies with all requirements for such deferred payment as set forth in Chapter 15.77 of this Title 15.
15.76.060 - Administration of fire protection fees.
All of the fees collected pursuant to this chapter shall be deposited into a separate capital improvement account of the district. These funds and any interest earnings thereon shall be used solely for the purposes specified for funds of such account and solely for the financing of capital improvements identified in the capital improvements plan adopted pursuant to this chapter, or to reimburse the district for those identified improvements constructed by the district with funds advanced by the district from other sources.
15.76.070 - Annual review of fire protection fees.
The district shall annually review and may, at its discretion, propose an adjustment to the capital improvement plan and in the amount of fire protection fees established by a resolution pursuant to Section 15.76.040. The adjustments proposed by the district shall be submitted to the city at least thirty (30) days prior to the close of the city's fiscal year for consideration by the city council.
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7 15.76.080 - Consideration in lieu of fees—Credits.
A. The provisions of Sections 15.76.030 and 15.76.050 to the contrary notwithstanding, upon application by an owner or land developer, the council may accept consideration in lieu of the fire protection fees required pursuant to this chapter, provided:
1. The city council, upon recommendation to the district, finds that the substitute consideration proposed has a value equal to or greater than such fee;
2. The substitute consideration is in a form acceptable to the district.
B. A developer or property owner may elect to construct a capital improvement listed in the capital improvements plan. If the developer or owner elects to construct such an improvement, the developer or property owner must enter into an agreement with the district prior to the issuance of any building permit by the city. The agreement must establish the estimated cost of the improvement, the schedule or initiation, and completion of the improvement, a requirement that the improvement is completed to district and city standards, and such other terms and conditions as deemed necessary by the district.
15.76.090 - Fire protection fee nonexclusive.
The fire protection fees established herein are additional and supplemental to, and not in substitution of, any other requirements imposed by the city on the development of land or the issuance of building permits. The fire protection fee is intended to be consistent with and to further the objectives and policies of the general plan of the city, the capital improvements plan, and other city policies, ordinances, and resolutions by which the city seeks to ensure the provision of public facilities and services in conjunction with the development of land. In no event shall a property owner be obligated to pay for capital improvements in an amount in excess of the amount calculated pursuant to this chapter and the resolution adopted pursuant to Section 15.76.040; provided, however, a property owner or developer may be required to pay, pursuant to city ordinances, regulations or policies for other public improvements, including, without limitation subdivision improvements and development impact fees.
Chapter 15.77 - DEFERRED PAYMENT OF CERTAIN DEVELOPMENT IMPACT FEES AND
FIRE PROTECTION FEES
15.77.010 - Findings and intent.
The city council finds and determines that numerous social services of benefit to the community are provided by tax-exempt organizations that develop nonresidential buildings and structures within the city. The city council further finds and determines that the implementation of policies and procedures that authorize qualified tax-exempt organizations to defer the payment of certain development impact fees and fire protection fees required under Chapters 15.64 and 15.76 of this Title 15 will have the salutary effect of expediting the construction of new nonresidential developments that will be used in whole or in part to provide social services for the benefit of residents of this community.
15.77.020 - Eligibility for the deferred payment of development impact fees and fire protection fees.
A. The payment of development impact fees is required under Sections 15.64.040, 15.64.050, and 15.64.060 of this Title 15 for nonresidential developments, and the payment of fire Ordinance No. 1094
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7 protection fees is required under Sections 15.76.030. may be deferred for a period not to exceed 5 years from the date that such fees would otherwise be payable if the developer meets the following requirements:
1. The developer is a tax-exempt organization duly qualified as such by the Internal Revenue Service and by the California Franchise Tax Board.
2. The developer will, upon completion and occupancy of the proposed nonresidential development, use buildings or structures within that development for the purpose of providing to residents of the city, on a nondiscriminatory basis, social services that fall within one or more of the following categories:
a. Health care services,
b. Parenting services,
c. Marriage counseling services,
d. Substance abuse counseling and services,
e. Pre-school or day-care services,
f. Programs and services benefiting the economically disadvantaged, g. Youth services and activities,
h. Senior services and activities.
3. The developer submits to the city manager an application for the deferred payment of development impact fees that contains, at a minimum, the information specified below in Section 15.77.030, and complies with all other applicable requirements of this chapter.
B. The city manager is authorized to determine the eligibility of any tax-exempt organization for the deferred payment of development impact fees and fire protection fees as provided for in this chapter; provided, however, that the city manager's determination of ineligibility will be subject to appeal to the city council by the applicant.
15.77.030 - Application for the deferred payment of development impact fees.
A. A developer meeting the threshold requirements of Section 15.77.020 may submit to the city manager, on a form to be provided by the city, an application for the deferred payment of development impact fees and fire protection fees as authorized by Section 15.77.020. This application, at a minimum, will require the following information:
1. The full legal name, address, and employer identification number of the tax-exempt organization that is the developer of the proposed nonresidential development;
2. The name, address, and telephone number of the principal representative of the tax- exempt organization;
3. The names, addresses, and titles of the officers, directors, trustees, etc., of the tax-exempt organization;
4. A description of the proposed nonresidential development, the nature and amount of development impact fees and fire protection fees that are requested to be deferred, and the requested deferral period, not to exceed 5 years;
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7 5. Documents that evidence the formation of the tax-exempt organization and its status as a corporation, partnership, trust, limited liability company, unincorporated association, or another form of entity;
6. Copies of exempt organization determination letters issued by the Internal Revenue Service and by the California Franchise Tax Board;
7. A detailed narrative description of the current activities and programs of the tax-exempt organization, as well as the social service programs or activities that will be provided to residents of the city following completion and occupancy of the proposed nonresidential development. With regard to such proposed social service programs or activities, the following additional information should be provided:
a. The hours, financial resources, personnel, and space that will be allocated to these programs or activities,
b. The manner in which the exempt purpose of the tax-exempt organization will be served by these programs or activities,
c. The manner in which the availability of these programs or activities will be brought to the attention of the residents of the city,
d. A statement that describes any limitations or restrictions on participation in these programs or activities by residents of the city and, if so, how participants will be selected,
e. Whether participants in these programs or activities will be required to pay a fee or charge and, if so, how these fees or charges will be determined and in what amounts.
8. A statement that the applicant will submit annually to the city, on a form to be provided by the city, a report confirming that the social service programs or activities described in the original application are being provided and, if modified, a description of those modifications;
9. A statement that the applicant will, as a condition of the deferred payment of any development impact fees and fire protection fees, enter into an agreement with the city that sets forth the respective rights and obligations of the parties relating to the deferred payment of those fees, including the applicant's obligation to provide to the city adequate security for payment, as required by the provisions of Section 15.77.040;
10. The application must be signed under penalty of perjury by an officer, employee, or authorized agent of the tax-exempt organization.
B. Within thirty (30) days after the submission of a complete application containing the information specified above in paragraph A, the city manager will make a determination whether to authorize the deferred payment of development impact fees and fire protection fees as requested by the applicant. If such authorization is granted, it will become effective on the date specified in the agreement between the city and the applicant that sets forth the respective rights and obligations of the parties relating to the deferred payment of the development impact fees and fire protection fees.
15.77.040 - Security for payment of development impact fees and fire protection fees.
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7 A. No authorization by the city manager of the deferred payment of development impact fees or fire protection fees under the provisions of this chapter will become effective until the city has received from the applicant adequate security for the ultimate payment of those deferred fees.
B. The form of security for ultimate payment of deferred development impact fees and fire protection fees by a qualified tax-exempt organization will be specified in the agreement between the city and the tax-exempt organization and may consist of any one or a combination of the following, as may be determined by the City Attorney after consultation with the applicant's principal representative:
1. A payment bond, issued by an admitted surety insurer as defined in Section 995.120 of the California Code of Civil Procedure, in a principal sum up to the full amount of the deferred development impact fees and fire protection fees;
2. A deposit with the city of negotiable bonds or an irrevocable letter of credit;
3. A promissory note secured by a deed of trust on the property owned by the applicant where the proposed development is to be located;
4. A personal guarantee of payment by one or more individuals who are determined to have the financial capability to satisfy such a guarantee;
5. Such an additional form of security for payment will adequately protect the interests of the city in collecting the full amount of the deferred development impact fees and fire protection fees.
15.77.050 – Impact fee reductions and waivers.
A. Government agencies, schools, and/or nonprofit organizations including churches may be eligible for a reduction or waiver of fees if the city manager determines that development will contribute to, enhance the quality of life, or produce other desirable benefits to the community.
Section 16. Finding - Necessity. Findings made pursuant to Section 17958.7 of the State Health and Safety Codes are contained in Resolution No.
Section 17. Constitutionality. That if any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, clause, or phrase thereof, irrespective of the fact that anyone (1) or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional.
Section 18. Effective Date. This ordinance shall be in full force and effect on January 1, 2023.
Section 19. Posting. The City Clerk shall certify the passage of this ordinance and shall cause it to be published according to legal requirements.
Ordinance No. 1094
60 2
8 9
7 I, _________________, City Clerk of the City of Lancaster, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading on the _____day of ___________, _______, and placed upon its second reading and adoption at a regular meeting of the City Council on the ______day of __________, _______ by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ ______________________________ ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF LANCASTER )
CERTIFICATION OF ORDINANCE
CITY COUNCIL
I, __________________________, ___________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Ordinance No. 1094, for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of ________________, ________.
(seal)
_________________________
1 0
8 4
STAFF REPORT
City of Lancaster
CC 17
11/08/2022
JC
Date: November 8, 2023
To: Mayor Parris and City Council Members From: Alexus Merino, Assistant to the City Manager
Subject:Approval of Change Order Totaling $429,723.00, to Increase Formal Bid No. 729-20 City Hall Renovation and Modernization, to a new total of $7,590,823.45
Recommendation:
Approve Change Order Claim No. 44 and increase the total amount of the contract with Bowe Contractors, Inc., of Lancaster, California, Formal Bid No. 729-20 City Hall Renovation and Modernization, by $429,723.00, for a total revised contract amount of $7,590,823.45. The scope of work for Change Order Claim No. 44 includes the Time Impact Analysis for the cost of delays on all phases of the project.
Fiscal Impact:
Sufficient funds are available General Account No. 11BS019-701 in the amount of $429,723.00 Background:
During the course of construction, the Contractor encountered several existing issues that required immediate remediation. These improvements include sheer wall repair, plumbing remediation, restrooms remediation to bring them into code compliance, and electrical and wiring remediation as well as the fire alarm and sprinkler code compliance. The contractor provided a time impact analysis do to the remediation work demonstrating the delays to each phase of the project. The cost per day was calculated utilizing Eichleay Formula.
Bowe Change Order Claim No. 44 is for 171 additional compensable days per the contract specification based on approved change orders. The Time Impact Analysis reflects these compensable delay days separated by construction phasing, 117 days for Phase-1, 50 days for Phase-2 and 4 days for Phase-3, with total compensable delay days of 171. In conclusion, Bowe Contractors and City of Lancaster agreed on the completion date of project as June 28, 2023.
Attachment:
TIA Change Order
1 0
8 4
CHANGE ORDER
MEMORANDUM
DATE
10/11/2022
CONTRACT NO.
FB 729-20
CHANGE ORDER No.
PAGE 1 OF 17
PROJECT TITLE
City Hall Renovation and Modernization
GRANT NO. CHECK ONE: THIS IS A NEW PROPOSAL
THIS IS A RESUBMITAL, #
TO Vanessa Rodriguez/Vivian Wood CHANGE ORDER
AMOUNT $
$412,769.08 INCREASE
DECREASE
FROM Michael Livingston SUPPLEMENTAL
FUNDS PROVIDED $
CONTINGENCY BALANCE (RUNNING TOTAL EXCLUDING THIS CLAIM) $ CHANGE ORDER AMOUNT IS: PARTICIPATING NON-PARITICIPATING PARTIAL (BREAKDOWN ATTACHED) PM Initials IS THIS REQUEST IN CONFORMANCE WITH THE ENVIRONMENTAL DOCUMENT? YES NO PM Initials
IS THIS REQUEST IN CONFORMANCE WITH RIGHT OF WAY CERTIFICATION? YES NO PM Initials
YES
NO
FEDERALLY FUNDED PROJECT ORIGINAL CONTRACT
TIME: 483 CD DAY(S)
YES
NO
STATE FUNDED PROJECT TIME ADJ. THIS
CHANGE: 38 CD DAY(S)
YES
NO
COST ANALYSIS REQURIED
(23 CFR 635.120)
PREVIOUSLY APPRV.
TIME ADJ. (CO): 133 CD DAY(S)
YES
NO PRICE ANALYSIS REQUIRED (LAPM CH. 16) PREVIOUSLY APPRV.
TIME ADJ. (Weeklies): 0 CD DAY(S)
YES
NO TIME IMPACT ANALYSIS REQUIRED YES
NO
TECHNICAL REVISIONS
If yes, PM Initials
THIS CHANGE ORDER PROVIDES FOR
See attached
CITY OF LANCASTER REVIEW REMARKS
Cost Evaluation. The contractor has provided the time impact analysis for the project and has demonstrated the project shall be completed 171 calendar days over the original contract. This is based on the City requesting change orders throughout all phases of the project. The unit cost per day that captured home office overhead was calculated utilizing the Eichleay Formula, which is the only accepted method of calculation by the Federal Circuit Courts.
Time Evaluation. A time analysis evaluation is attached as backup and the agency and the contractor agree that thirty- eight days will be granted for this change order. This will bring the total number of days over the original contract to 171 calendar days.
COMPLETEDBY:
Michael C. Livingston
SIGNATURE PRINT
To Be Determined
INTERNAL MEMO
To: Project File
From: Michael Livingston, Sr. Construction Manager
Date: 10/10/2022
Subject: FB 729-20 - City Hall Renovation and Modernization DESCRIPTION OF WORK OR CHANGE:
Item 1: In accordance with Greenbook 2018 section 2-7.1 Changes Initiated by the Agency, both the Agency and the Contractor agree that through the time impact analysis the contract will be completed 171 days over the original contract do to the amount of change orders required to be completed prior to moving into the subsequent phases of the project. Per Section 7-3.7
Agreed Price, the cost for this delay were provided by proposal from the contractor for a not to exceed price of $412,769.08. The contractor has agreed to the lump sum price for this item. This sum constitutes full and complete compensation for providing all labor, material, equipment, tools, and incidentals, and includes all markups by reason of this change. A determination of delay in the completion of the contract due to the work specified by this change order has been made in accordance with the provisions of Section 6-4, Delays and Extensions of Time, of the Standard Specifications for Public Works Construction. The Contractor shall be granted thirty-eight (3 8) calendar days.
COST EVALUATION
The contractor has provided the time impact analysis for the project and has demonstrated the project shall be completed 171 calendar days over the original contract. This is based on the City requesting change orders throughout all phases of the project. The unit cost per day that captured home office overhead was calculated utilizing the Eichleay Formula, which is the only accepted method of calculation by the Federal Circuit Courts.
Time Impact Analysis
Item Description Quantity U.M. Unit Cost Total
1 Phase I Time Impact 117 Days $ 2,513.00 $ 294,021.00 2 Phase II Time Impact 50 Days $ 2,513.00 $ 125,650.00 3 Phase III Time Impact 4 Days $ 2,513.00 $ 10,052.00 4 BCI Markup Credit 1 LS $(21,040.74) $ ( 21,040.74) 5 Bonds and Insurance 1 LS $ 4,086.82 $ 4,086.82 Total $ 412,769.08
TIME EVALUATION
A time analysis evaluation is attached as backup and the agency and the contractor agree that thirty-eight days will be granted for this change order. This will bring the total number of days over the original contract to 171 calendar days.
Executive Summary TIA #1:
This package includes Bowe change order #44 for 171 compensable days owed to BCI for Phase 1, 2, and 3 of the Lancaster City Hall Project. The attached Time Impact Analysis 01 R1 reflects a compensable delay of 117 days for Phase-1, 63 days for Phase-2 and 39 days for Phase-3, with total compensable days of 219 and completion date of 7/13/2023. However, BCI reduced the schedule and agreed with the City of Lancaster to complete the project by 6/28/2023 based on Master schedule update. That brings total compensable delays to 204 days. After negotiations via a meeting on August 10th, BCI agreed to include the 33 days for Phase-4 back in the contract. These 33 days were taken away from the project via Owner Change Order #33 but as a good faith effort, BCI agreed to deduct the 33 days from the total compensable days bringing the total compensable days from 204 down to 171. In conclusion, BCI and City of Lancaster agreed on the completion date of project as 6/28/2023 with compensable delays of 171 days. Out of 171 days, 117 days was part of Phase-1 delay, 50 days will be part of Phase-2 delay and 4 days will be part of Phase-3 delay. BCI requesting $2,513/ days for 171 days as delay compensation to cover Overhead. Please see attached all supporting documents.
Bowe Contractors Incorporated
609 Bailey Ct
T ehachapi, California 93561
Phone: (661)-940-0899
Fax: 661-940-8198
Project: 21-002/FB729-20 - Lanc City Hall Renov & Modern 44933 Fern Ave
Lancaster, California 93534
Prime Contract Potential Change Order #44 Rev3: CE #44 - Compensation for delay
TO: City of Lancaster (Developement Service
Dept.)
615 West Avenue H
Lncastert, California 93534
FROM: Bowe Contractors Incorporated
609 Bailey Ct
T ehachapi, California 93561
PCO NUMBER/REVISION: 44 Rev3 / 3 CONTRACT: 21-002-0 - Lanc City Hall Renov & Mod REQUEST RECEIVED FROM: CREATED BY: Stephen King (Bowe Contractors Incorporated)
STATUS: Pending - In Review CREATED DATE: 8/26/2022
REFERENCE: PRIME CONTRACT
CHANGE ORDER:
None
FIELD CHANGE: No
LOCATION: ACCOUNTING METHOD: Amount Based
SCHEDULE IMPACT: PAID IN FULL: No
EXECUTED: No SIGNED CHANGE ORDER
RECEIVED DATE:
TOTAL AMOUNT: $412,769.08
POTENTIAL CHANGE ORDER TITLE: CE #44 - Compensation for delay CHANGE REASON: Owner Change Request
POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract Is Changed As Follows) CE #44 - Compensation for delay (TIA-1)
This change order is for the compensable delays for the phase 1, 2 & 3 of the project. The attached TIA 01 R1 reflects a compensable delays of 117 days for Phase-1, 63 days for Phase-2 and 39 days for Phase-3, with total compensable days of 219 and completion date of 7/13/2023. However, we could pull the schedule and agreed with a City of Lancaster to complete the project by 6/28/2023 based on Master schedule update. That brings total compensable delays at 204 days. After negotiation, BCI agreed to include 33 days for Phase-4 back in contract which was taken away from the project via Owner Change Order #33. In conclusion, BCI and City of Lancaster agreed on completion date of project as 6/28/2023 with compensable delays of 171 days. Out of 171 days, 117 days was part of Phase-1 delay, 50 days will be part of Phase-2 delay and 4 days will be part of Phase-3 delay. BCI requesting $2,513/ days for 171 days as delay compensation to cover Overhead. Please see attached all supporting documents. # Project Spec Description Quantity U.M. Unit Cost T otal 1 01320-1.07 Phase 1-Time Related Impact 117 Days $ 2,513.00 $ 294,021.00 2 01320-1.07 Phase 2-Time Related Impact 50 Days $ 2,513.00 $ 125,650.00 3 01320-1.07 Phase 3-Time Related Impact 4 Days $ 2,513.00 $ 10,052.00 01320-1.07 BCI MarkUp Credit 1 LS $ (21,040.74) $ (21,040.74) 4 01320-1.07 1% Bond 4086.8226
TOTAL $ 412,769.08
ATTACHMENTS:
Executive Summary TIA #1 Lancaster R1.pdf , Overview Slide Deck of TIA 01 – Revision 01.pdf , TIA 01 R1 Gantt Chart.pdf , LCHRM-TIA01 R1.zip , BCI COR #22R1.pdf , BCI COR #5.pdf , BCI COR #1R1.pdf , TIA1 PCO Mark up credit.xlsx , Lancaster City Hall Delay Log and backup_Final Binder_.pdf , Daily rates.pdf
Bowe Contractors Incorporated Page 1 of 2 Printed On: 9/14/2022 02:32 PM PCO #44 Rev3
# Budget Code Description Amount
BCI
Bond
(1.00%
Applies
to all line
item
types.)
Subtotal
1 1-041.L Project Supervision.LABOR BCI Mark Up credit for TIA#1 $(21,040.74) $(210.41) $(21,251.15) 2 1-041.L Project Supervision.LABOR Compensation for Phase 1 delays $294,021.00 $2,940.21 $296,961.21 3 1-041.L Project Supervision.LABOR Compensation for Phase-2 delays $125,650.00 $1,256.50 $126,906.50 4 1-041.L Project Supervision.LABOR Compensation for Phase-3 delays $10,052.00 $100.52 $10,152.52 Subtotal: $408,682.26 $4,086.82 $412,769.08
Grand Total: $412,769.08
Shawna Ricker (Duke Engineering and
Assoc.)
City of Lancaster (Developement Service
Dept.)
Bowe Contractors Incorporated
615 West Avenue H 609 Bailey Ct
Lncastert, California 93534 T ehachapi, California 93561 ProcoreArchitectSignHere ProcoreArchitectSignedDate ProcoreOwnerSignHere ProcoreOwnerSignedDate ProcoreGeneralContractorSignHere ProcoreGeneralContractorSignedDate
SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE
Bowe Contractors Incorporated Page 2 of 2 Printed On: 9/14/2022 02:32 PM PCO #44 Rev3
TIA 01 R1
Delay Gantt Chart
COR 01/21 - Remove and Replace Existing Acoustic ceiling System
COR 22- Shear Wall
OFOI Furniture Installation Days Requested & Tenant Move In
COR #5 Lighting Whips
Other Impacts In Phase 1
COR #1 Ceiling
COR #22 Shear Wall
COR #14 Add’l Ceiling
COR #3 Lobby Soffit
COR #6 Electrical
COR #8 Paint Doors
Other Impacts In Phase 1 Cont’d
COR #1 Ceiling
COR #22 Shear Wall
COR #33 FS
COR #34 Door
Hardware
CHANGE ORDER
MEMORANDUM
DATE
10/11/2022
CONTRACT NO.
FB 729-20
CHANGE ORDER No.
PAGE 1 OF 17
PROJECT TITLE
City Hall Renovation and Modernization
GRANT NO. CHECK ONE: THIS IS A NEW PROPOSAL
THIS IS A RESUBMITAL, #
TO Vanessa Rodriguez/Vivian Wood CHANGE ORDER
AMOUNT $
$412,769.08 INCREASE
DECREASE
FROM Michael Livingston SUPPLEMENTAL
FUNDS PROVIDED $
CONTINGENCY BALANCE (RUNNING TOTAL EXCLUDING THIS CLAIM) $ CHANGE ORDER AMOUNT IS: PARTICIPATING NON-PARITICIPATING PARTIAL (BREAKDOWN ATTACHED) PM Initials IS THIS REQUEST IN CONFORMANCE WITH THE ENVIRONMENTAL DOCUMENT? YES NO PM Initials
IS THIS REQUEST IN CONFORMANCE WITH RIGHT OF WAY CERTIFICATION? YES NO PM Initials
YES
NO
FEDERALLY FUNDED PROJECT ORIGINAL CONTRACT
TIME: 483 CD DAY(S)
YES
NO
STATE FUNDED PROJECT TIME ADJ. THIS
CHANGE: 38 CD DAY(S)
YES
NO
COST ANALYSIS REQURIED
(23 CFR 635.120)
PREVIOUSLY APPRV.
TIME ADJ. (CO): 133 CD DAY(S)
YES
NO PRICE ANALYSIS REQUIRED (LAPM CH. 16) PREVIOUSLY APPRV.
TIME ADJ. (Weeklies): 0 CD DAY(S)
YES
NO TIME IMPACT ANALYSIS REQUIRED YES
NO
TECHNICAL REVISIONS
If yes, PM Initials
THIS CHANGE ORDER PROVIDES FOR
See attached
CITY OF LANCASTER REVIEW REMARKS
Cost Evaluation. The contractor has provided the time impact analysis for the project and has demonstrated the project shall be completed 171 calendar days over the original contract. This is based on the City requesting change orders throughout all phases of the project. The unit cost per day that captured home office overhead was calculated utilizing the Eichleay Formula, which is the only accepted method of calculation by the Federal Circuit Courts.
Time Evaluation. A time analysis evaluation is attached as backup and the agency and the contractor agree that thirty- eight days will be granted for this change order. This will bring the total number of days over the original contract to 171 calendar days.
COMPLETEDBY:
Michael C. Livingston
SIGNATURE PRINT
To Be Determined
INTERNAL MEMO
To: Project File
From: Michael Livingston, Sr. Construction Manager
Date: 10/10/2022
Subject: FB 729-20 - City Hall Renovation and Modernization DESCRIPTION OF WORK OR CHANGE:
Item 1: In accordance with Greenbook 2018 section 2-7.1 Changes Initiated by the Agency, both the Agency and the Contractor agree that through the time impact analysis the contract will be completed 171 days over the original contract do to the amount of change orders required to be completed prior to moving into the subsequent phases of the project. Per Section 7-3.7
Agreed Price, the cost for this delay were provided by proposal from the contractor for a not to exceed price of $412,769.08. The contractor has agreed to the lump sum price for this item. This sum constitutes full and complete compensation for providing all labor, material, equipment, tools, and incidentals, and includes all markups by reason of this change. A determination of delay in the completion of the contract due to the work specified by this change order has been made in accordance with the provisions of Section 6-4, Delays and Extensions of Time, of the Standard Specifications for Public Works Construction. The Contractor shall be granted thirty-eight (3 8) calendar days.
COST EVALUATION
The contractor has provided the time impact analysis for the project and has demonstrated the project shall be completed 171 calendar days over the original contract. This is based on the City requesting change orders throughout all phases of the project. The unit cost per day that captured home office overhead was calculated utilizing the Eichleay Formula, which is the only accepted method of calculation by the Federal Circuit Courts.
Time Impact Analysis
Item Description Quantity U.M. Unit Cost Total
1 Phase I Time Impact 117 Days $ 2,513.00 $ 294,021.00 2 Phase II Time Impact 50 Days $ 2,513.00 $ 125,650.00 3 Phase III Time Impact 4 Days $ 2,513.00 $ 10,052.00 4 BCI Markup Credit 1 LS $(21,040.74) $ ( 21,040.74) 5 Bonds and Insurance 1 LS $ 4,086.82 $ 4,086.82 Total $ 412,769.08
TIME EVALUATION
A time analysis evaluation is attached as backup and the agency and the contractor agree that thirty-eight days will be granted for this change order. This will bring the total number of days over the original contract to 171 calendar days.
Executive Summary TIA #1:
This package includes Bowe change order #44 for 171 compensable days owed to BCI for Phase 1, 2, and 3 of the Lancaster City Hall Project. The attached Time Impact Analysis 01 R1 reflects a compensable delay of 117 days for Phase-1, 63 days for Phase-2 and 39 days for Phase-3, with total compensable days of 219 and completion date of 7/13/2023. However, BCI reduced the schedule and agreed with the City of Lancaster to complete the project by 6/28/2023 based on Master schedule update. That brings total compensable delays to 204 days. After negotiations via a meeting on August 10th, BCI agreed to include the 33 days for Phase-4 back in the contract. These 33 days were taken away from the project via Owner Change Order #33 but as a good faith effort, BCI agreed to deduct the 33 days from the total compensable days bringing the total compensable days from 204 down to 171. In conclusion, BCI and City of Lancaster agreed on the completion date of project as 6/28/2023 with compensable delays of 171 days. Out of 171 days, 117 days was part of Phase-1 delay, 50 days will be part of Phase-2 delay and 4 days will be part of Phase-3 delay. BCI requesting $2,513/ days for 171 days as delay compensation to cover Overhead. Please see attached all supporting documents.
Bowe Contractors Incorporated
609 Bailey Ct
T ehachapi, California 93561
Phone: (661)-940-0899
Fax: 661-940-8198
Project: 21-002/FB729-20 - Lanc City Hall Renov & Modern 44933 Fern Ave
Lancaster, California 93534
Prime Contract Potential Change Order #44 Rev3: CE #44 - Compensation for delay
TO: City of Lancaster (Developement Service
Dept.)
615 West Avenue H
Lncastert, California 93534
FROM: Bowe Contractors Incorporated
609 Bailey Ct
T ehachapi, California 93561
PCO NUMBER/REVISION: 44 Rev3 / 3 CONTRACT: 21-002-0 - Lanc City Hall Renov & Mod REQUEST RECEIVED FROM: CREATED BY: Stephen King (Bowe Contractors Incorporated)
STATUS: Pending - In Review CREATED DATE: 8/26/2022
REFERENCE: PRIME CONTRACT
CHANGE ORDER:
None
FIELD CHANGE: No
LOCATION: ACCOUNTING METHOD: Amount Based
SCHEDULE IMPACT: PAID IN FULL: No
EXECUTED: No SIGNED CHANGE ORDER
RECEIVED DATE:
TOTAL AMOUNT: $412,769.08
POTENTIAL CHANGE ORDER TITLE: CE #44 - Compensation for delay CHANGE REASON: Owner Change Request
POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract Is Changed As Follows) CE #44 - Compensation for delay (TIA-1)
This change order is for the compensable delays for the phase 1, 2 & 3 of the project. The attached TIA 01 R1 reflects a compensable delays of 117 days for Phase-1, 63 days for Phase-2 and 39 days for Phase-3, with total compensable days of 219 and completion date of 7/13/2023. However, we could pull the schedule and agreed with a City of Lancaster to complete the project by 6/28/2023 based on Master schedule update. That brings total compensable delays at 204 days. After negotiation, BCI agreed to include 33 days for Phase-4 back in contract which was taken away from the project via Owner Change Order #33. In conclusion, BCI and City of Lancaster agreed on completion date of project as 6/28/2023 with compensable delays of 171 days. Out of 171 days, 117 days was part of Phase-1 delay, 50 days will be part of Phase-2 delay and 4 days will be part of Phase-3 delay. BCI requesting $2,513/ days for 171 days as delay compensation to cover Overhead. Please see attached all supporting documents. # Project Spec Description Quantity U.M. Unit Cost T otal 1 01320-1.07 Phase 1-Time Related Impact 117 Days $ 2,513.00 $ 294,021.00 2 01320-1.07 Phase 2-Time Related Impact 50 Days $ 2,513.00 $ 125,650.00 3 01320-1.07 Phase 3-Time Related Impact 4 Days $ 2,513.00 $ 10,052.00 01320-1.07 BCI MarkUp Credit 1 LS $ (21,040.74) $ (21,040.74) 4 01320-1.07 1% Bond 4086.8226
TOTAL $ 412,769.08
ATTACHMENTS:
Executive Summary TIA #1 Lancaster R1.pdf , Overview Slide Deck of TIA 01 – Revision 01.pdf , TIA 01 R1 Gantt Chart.pdf , LCHRM-TIA01 R1.zip , BCI COR #22R1.pdf , BCI COR #5.pdf , BCI COR #1R1.pdf , TIA1 PCO Mark up credit.xlsx , Lancaster City Hall Delay Log and backup_Final Binder_.pdf , Daily rates.pdf
Bowe Contractors Incorporated Page 1 of 2 Printed On: 9/14/2022 02:32 PM PCO #44 Rev3
# Budget Code Description Amount
BCI
Bond
(1.00%
Applies
to all line
item
types.)
Subtotal
1 1-041.L Project Supervision.LABOR BCI Mark Up credit for TIA#1 $(21,040.74) $(210.41) $(21,251.15) 2 1-041.L Project Supervision.LABOR Compensation for Phase 1 delays $294,021.00 $2,940.21 $296,961.21 3 1-041.L Project Supervision.LABOR Compensation for Phase-2 delays $125,650.00 $1,256.50 $126,906.50 4 1-041.L Project Supervision.LABOR Compensation for Phase-3 delays $10,052.00 $100.52 $10,152.52 Subtotal: $408,682.26 $4,086.82 $412,769.08
Grand Total: $412,769.08
Shawna Ricker (Duke Engineering and
Assoc.)
City of Lancaster (Developement Service
Dept.)
Bowe Contractors Incorporated
615 West Avenue H 609 Bailey Ct
Lncastert, California 93534 T ehachapi, California 93561 ProcoreArchitectSignHere ProcoreArchitectSignedDate ProcoreOwnerSignHere ProcoreOwnerSignedDate ProcoreGeneralContractorSignHere ProcoreGeneralContractorSignedDate
SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE
Bowe Contractors Incorporated Page 2 of 2 Printed On: 9/14/2022 02:32 PM PCO #44 Rev3
TIA 01 R1
Delay Gantt Chart
COR 01/21 - Remove and Replace Existing Acoustic ceiling System
COR 22- Shear Wall
OFOI Furniture Installation Days Requested & Tenant Move In
COR #5 Lighting Whips
Other Impacts In Phase 1
COR #1 Ceiling
COR #22 Shear Wall
COR #14 Add’l Ceiling
COR #3 Lobby Soffit
COR #6 Electrical
COR #8 Paint Doors
Other Impacts In Phase 1 Cont’d
COR #1 Ceiling
COR #22 Shear Wall
COR #33 FS
COR #34 Door
Hardware
STAFF REPORT
City of Lancaster
CC 18
11/8/2022
JC
Date: November 8, 2022
To: Mayor Parris and City Council Members
From: Jeff Hogan, Development Services Director
Subject:Approve the use of SCE Rule 29 to cover cost to increase infrastructure to install Fast EV Charger at Lancaster City Hall
Recommendation:
Approve the use of Southern California Edison (SCE) Rule 29 funding to cover the cost to increase the infrastructure at City Hall. The increase in infrastructure is necessary to energize the Level III Electric Vehicle (EV) Charger that will be installed at Lancaster City Hall. Authorize the City Manager to execute all related documents
Fiscal Impact:
Through Rule 29, SCE will cover the cost of planning, design and engineering as well as the cost to increase the infrastructure.
Background:
On March 9, 2021, the City of Lancaster accepted the use of grant funding from Antelope Valley Air Quality District to assist with the cost of increase in infrastructure and installation for a Level III Electric Vehicle (EV) Charger to be installed at Lancaster City Hall.
Through Rule 29, Southern California Edison will cover the following costs associated with the increase in infrastructure needed to energize the Level III EV Charger. - Planning, designing, engineering
- Underground service conductors
- Overhead service conductors
- Service transformers
- Utility-owned metering equipment
- Maintenance of EV infrastructure facilities installed under provisions of this rule - Trenching and excavation
- Substructures, conduits, and if applicable, protective structures The City will be responsible maintaining the EV charger for a minimum of five years. 1 0
8 5
:ef
Attachment:
Rule 29 Application Rule 29 Agreement
AGREEMENT TO PERFORM RULE 29, ELECTRIC
VEHICLE INFRASTRUCTURE, RELATED WORK
SCE Rule 29 Agreement Page 1 of 2
Version: April 7, 2022
___________________________________________________________ (Applicant) has requested Southern California Edison Company (SCE), a California corporation, to perform the tariff schedule related work in accordance with Rule 29, Electric Vehicle (EV) Infrastructure, and as located and described in Paragraph 6 herein.
SCE agrees to perform the requested work and furnish all necessary labor, equipment, materials, and related facilities required therefore, subject to the following conditions:
1. Whenever part or all of the requested work is to be furnished or performed upon property other than that of Applicant, Applicant shall first procure from such owners all necessary rights -of-way and/or permits in a form satisfactory to SCE and without cost to SCE.
2. Applicant shall indemnify and hold harmless SCE, its officers, agents, and employees, against all loss, damage, expense, and liability resulting from injury to or death of any person, including, but not limited to, employees of SCE, Applicant, or any third party, or for the loss, destruction, or damage to property, including, but not limited to, property of SCE, Applicant, or any third party, arising out of or in any way connected with the performance of this Agreement, but only in proportion to and to the extent such liability, loss, attorneys’ fees, and expenses were caused by or result from the negligent or intentional acts or omissions of Applicant, its officers, employees, or agents. Applicant will pay all costs that may be incurred by SCE in enforcing this indemnity, including reasonable attorneys’ fees.
3. Applicant must activate the initial agreed upon quantity of Charging Stations within 30 business days after service point energization by SCE (aka: DRS or Date Ready for Service) or a timeframe agreed upon SCE and Applicant not exceeding 180 days. Applicant shall send written confirmation to SCE once the Charging Stations are installed and operational. When Applicant requests, and SCE agrees to install, additional EV Infrastructure beyond the capacity needed to support the initial agreed upon quantity of Charging Stations, Applicant shall provide SCE the number of Charging Stations and the expected timeframe for the future installation. SCE shall match the capacity of the installed EV Infrastructure to the capacity of the electrical panel installed by Applicant at the time of taking service.
4. Applicant understands that they are responsible for funding and executing the operation and maintenance of the Charging Stations for a minimum of five (5) years from the DRS date. Applicant must remedy any Charging Station maintenance issue within 90 days of the start of such maintenance issue. Failure to comply with these terms may, at SCE’s discretion, result in discontinuation of service. In the event of discontinuation of service, Applicant shall reimburse utility’s costs. If any of the Charging Stations are not in working condition for one year , Applicant shall reimburse all SCE’s costs incurred under Rule 29 to SCE.
5. At the start of DRS, Applicant shall be enrolled as a default in the then available commercial time-of- use EV rate offered by SCE. After discussing their EV charging needs with SCE, Applicant may opt- out of the EV time -of-use rate for another appropriate time variant rate pursuant to SCE’s Rule 12, Section D (Change of Rate Schedule).
6. The location and requested work are described as follows: (Describe in detail the materials and facilities to be furnished and/or work to be performed by SCE. If more space is required, use other side, and attach any necessary drawings as Exhibits A, B, C, etc.):
City of Lancaster
AGREEMENT TO PERFORM RULE 29, ELECTRIC
VEHICLE INFRASTRUCTURE, RELATED WORK
SCE Rule 29 Agreement Page 2 of 2
Version: April 7, 2022
LOCATION: _____________________________________________________________________ DESCRIPTION OF WORK: _________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________
7. If Applicant fails to comply with any of the above requirements, including , but not limited to, Section 4, as reasonably determined by SCE, SCE may terminate this Agreement and discontinue service or deenergize the EV Infrastructure. In addition, SCE may pursue reimbursement of the costs incurred in connection with deploying the utility-side EV Infrastructure, including, but not limited to, engineering design fees and any costs associated with the removal of the utility-side EV infrastructure.
8. Data Collection and Use. Applicant shall support the data collection requirements of Rule 29. Data collection requirements will conform with the requirements of the California Public Utilities Commission and Data Reporting t emplate to be provided. Applicant hereby expressly consents to the use and disclosure, by SCE, its agents, and representatives, of data gathered as part of Rule 29 for use in regulatory reporting, industry forums, case studies or other similar activities.
9. Upon completion of requested work, ownership of the utility-side EV Infrastructure shall vest to SCE.
This Agreement is effective when accepted and executed by SCE.
SOUTHERN CALIFORNIA EDISON COMPANY
Applicant
Authorized by (Print) Authorized by (Print)
Signature Signature
Title Title
Date Date
Mailing Address: _______________________________
___________________________________________________
44933 ½ Fern Avenue
Installation of 1-Fast EV Charger in the parking lot (per attached plan and spec).
Upgrade the voltage to 208v, 3phase, upgrade meter, service and panel to be on the one and current EV-8 rate for the upgraded and combined load, with existing and new services.
City of Lancaster
44933 Fern Avenue
Lancaster, CA 93534
Rule 29 Application
Rule 29 Application Page 1 of 1
Version: April 15, 2022
Please provide the following information about your Rule 29 project.
Project Address: City:
EV Panel Size & Voltage: Panel Size: Voltage:
EV Main Breaker Rating: Will the new panel serve any load other than EV? Number of ports being installed: kW of each port:
Supporting Cabinet Power Level: Total capacity of current install (kW)? Will there be future EV expansion or growth on site?
If yes: How many ports will be installed in the future? What is the future capacity (k/W)?
What is the timeframe for future EVSE expansion?
Will there be load management?
What type of site (workplace, fleet, MUD)?
Will the charging be publicly accessible, shared, or
private?
Is the site at a garage, a surface parking lot
installation
Will the site primarily serve light, medium, heavy-
duty, or off-road EVs, or a mix:
Is the site located in a disadvantaged community
(DAC), another designated under-served
community location, or neither?
If another or neither, please specify:
Is the customer at this site participating in another
SCE incentive/infrastructure program?
Comments:
Installation of 1-Fast EV Charger in the parking lot (per attached plan and spec). Upgrade the voltage to 208v, 3phase, upgrade meter, service and panel to be on the one and current EV-8 rate for the upgraded and combined load, with existing and new services.
1,000A
208/120V-4-Wire
208 kW
No
1 1000 A
2 50
Yes
No
No
Workplace
Public
Disadvantaged (DAC)
Mix
Surface Parking Lot
44933 ½ Fern Avenue
Lancaster
STAFF REPORT
City of Lancaster
CC 19
11/8/2022
JC
Date:November 8, 2022
To: Mayor Parris and City Council Members
From:Rodrick Armalin, Director of Public Safety
Subject:Purchase of Flock Safety Automated License Plate Reader Camera Subscription Recommendation:
It is recommended that the City Council approve the purchase of a subscription for 50 Automated License Plate Reader (“ALPR”) cameras from Flock Safety (“Flock”) in an amount $142,500. This project includes a one year lease of the cameras at $2500 per camera and a one time $350 per camera installation fee (additional years will be at a cost of $125,000 per year).
Includes license to access application to view cameras and camera footage, which will be stored in the cloud, all mounting equipment, installation, maintenance, upgrades, and no cost replacement of manufacturer faulty equipment.
Fiscal Impact:
The City’s Fiscal Year 2022-2023 budget includes the funding of $142,500 for the proposed Public Safety Community Office from account 101-4800-301.
Background:
The Public Safety Department is requesting Flock Safety as the Sole Source vendor for the Flock Safety Camera. Flock Safety is the sole manufacturer and distributor of the Flock Safety Automatic License Plate Recognition (ALPR) Camera. Flock Safety is also the sole provider of the comprehensive monitoring, processing, and machine vision services that integrate with the Flock Safety Camera.
Flock Safety provides crime-fighting technology (cameras and software) under a service subscription model. Flock Safety’s service is a flat annual fee that include: ALPR camera hardware, hardware maintenance, ALPR software, software updates, unlimited users, 30 days unlimited data storage, LTE connectivity, solar panels, and mounting equipment. Flock Safety provides all supplies and equipment under standard operating procedures and complies with all government regulations and workplace safety guidelines. If the city chooses not to renew the agreement, Flock Safety will remove the cameras.
1 0
8 8
Flock Safety is a public safety operating system that helps communities and law enforcement in over one thousand cities nationwide work together to eliminate crime, protect privacy, and mitigate bias. Other local Southern California government agencies currently using Flock Systems include Alhambra, Azusa, Covina, El Monte, Glendale, Pomona, and West Covina to name a few. The Sheriff’s Department is already successfully utilizing Flock Safety in the contract cities of Calabasas, La Canada Flintridge, La Puente, Pico Rivera, Rosemead, and Walnut.
Sheriff’s Department will be collaborate with Flock and our Public Safety Department in coordinating placement of the cameras. Flock cameras utilize motion capture to start and stop the photographs with machine learning and artificial intelligence, which allows Flock Safety to capture vehicle characteristics without the need for a reflective license plate. The cameras can capture and process 30,000 vehicles per day and capture two (2) lanes of traffic simultaneously with a single camera from a vertical mass powered by solar power. Flock Safety analyzes vehicle license plate, vehicle color, and vehicle make objects (roof rack, unique hub cap, etc.) based on image analytics (not car registration data), which also protects against stolen/removed license plates. The software transmits alerts for wanted plates with the capability of the plate state match, and can set up alerts based on vehicle description without the need for a license plate.
The software makes actionable evidence available when needed that is easily searchable by vehicle type, make, model, color, timeframe, partial/full license plate, and object detection. This technology will aid the Sheriff’s Department to more accurately detect and stop the actual vehicle used in a crime, instead of similar looking vehicles. This not only can save law enforcement time in the investigation of criminal activity, but also help prevent the unnecessary stops and detentions of motorists who are driving vehicles which may look similar to wanted vehicles, but are truly uninvolved in criminal activity. Flock Safety focuses on objective evidence (vehicles and license plates) by capturing car features. People’s privacy is protected by not using facial recognition technology and not recording any personally identifiable information such as names, addresses, or phone numbers.
The city of Lancaster will own their data and Flock Safety does not sell the data to third parties.
The camera footage is stored, secured, and encrypted in AWS Government Cloud and automatically deleted every thirty (30) days on a rolling basis. The camera only takes photos, and there is no live feed. No one monitors the system and it is not used for surveillance purposes.
If a camera suffers from a manufacturer defect, Flock Safety will replace the camera at no additional fee.
Attachment:
Flock Safety Service Agreement
FLOCK GROUP INC.
SERVICES AGREEMENT
ORDER FORM
This Order Form together with the Terms (as defined herein) describe the relationship between Flock Group Inc. (“Flock”) and the customer identified below (“Agency”) (each of Flock and Customer, a ”Party”). This order form (“Order Form”) hereby incorporates and includes the “GOVERNMENT AGENCY AGREEMENT” attached (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.
The Agreement will become effective when this Order Form is executed by both Parties (the “Effective Date”).
Agency: CA - City of Lancaster
Legal Entity Name: \FSLegalEntityName{r}\
Contact Name: Roderick Armalin
Address:
44933 Fern Ave
Lancaster, California 93534
Phone: (661) 723-6104
E-Mail: [email protected]
Expected Payment Method:
\FSExpectedPaymentMethod1\
Billing Contact: \FSBillingContact1\
(if different than above)
Initial Term: 12 months
Renewal Term: 12 months
Billing Term: Annual payment due Net 30 per terms
and conditions
Name Price QTY Subtotal
Falcon $2,500.00 50.00 $125,000.00
Professional Services - Standard Implementation
Fee
$350.00 50.00 $17,500.00
(Includes one-time fees)
Year 1 Total $142,500.00
Recurring Total: $125,000.00
I have reviewed and agree to the Customer Implementation Guide on Schedule B at the end of this agreement.
\FSInitials1\
By executing this Order Form, Agency represents and warrants that it has read and agrees all of the terms and conditions contained in the Terms attached. The Parties have executed this Agreement as of the dates set forth below.
FLOCK GROUP, INC. Agency: CA - City of Lancaster
By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
GOVERNMENT AGENCY AGREEMENT
This Government Agency Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 (“Flock”) and the police department or government agency identified in the signature block of the Order Form (“Agency”) (each a “Party,” and together, the “Parties”).
RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution for automatic license plates, video and audio detection through Flock’s technology platform (the “Flock Service”), and upon detection, the Flock Services are capable of capturing audio, video, image, and recording data and can provide notifications to Agency upon the instructions of Non-Agency End User (as defined below) (“Notifications”); WHEREAS, Agency desires access to the Flock Service on existing cameras, provided by Agency, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, including those from Non-Agency End Users of the Flock Service (where there is an investigative or bona fide lawful purpose) such as schools, neighborhood homeowners associations, businesses, and individual users; WHEREAS, Flock deletes all Footage on a rolling thirty (30) day basis, excluding Wing Replay which is deleted after seven (7) days. Agency is responsible for extracting, downloading and archiving Footage from the Flock System on its own storage devices for auditing for prosecutorial/administrative purposes; and WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations by police departments, and archiving for evidence gathering (“Permitted Purpose”).
AGREEMENT
NOW, THEREFORE, Flock and Agency agree that this Agreement, and any addenda attached hereto or referenced herein, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.
1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in this Section 1.
1.1 “Advanced Search” means the provision of Services, via the web interface using Flock’s software applications, which utilize advanced evidence delivery capabilities including convoy analysis, multi-geo search, visual search, cradlepoint integration for automatic vehicle location, and common plate analysis.
1.2 “Agency Data” means the data, media and content provided by Agency through the Services. For the avoidance of doubt, the Agency Data will include the Footage.
1.3 “Agency Generated Data” means the messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, other information or materials posted, uploaded, displayed, published, distributed, transmitted, broadcasted, or otherwise made available on or submitted through the Wing Suite.
1.4. “Agency Hardware” means the third-party camera owned or provided by Agency and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.
1.5. “Aggregated Data” means information that relates to a group or category of individuals, from which any potential individuals’ personal identifying information has been permanently “anonymized” by commercially available standards to irreversibly alter data in such a way that a data subject (i.e., individual person or impersonal entity) can no longer be identified directly or indirectly.
1.6 “Authorized End User(s)” means any individual employees, agents, or contractors of Agency accessing or using the Services through the Web Interface, under the rights granted to Agency pursuant to this Agreement.
1.7 “Deployment Plan” means the strategic geographic mapping of the location(s) and implementation of Flock Hardware, and/or other relevant Services required under this Agreement.
1.8 “Documentation” means text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Services which are provided by Flock to Agency in accordance with the terms of this Agreement.
1.9 “Embedded Software” means the software and/or firmware embedded or preinstalled on the Flock Hardware or Agency Hardware.
1.10 “Falcon Flex” means an infrastructure-free, location-flexible license plate reader camera that enables the Agency to self-install.
1.11 “Flock Hardware” means the Flock cameras or device, pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Flock Services.
1.12 “Flock IP” means the Services, the Documentation, the Embedded Software, the Installation Services, and any and all intellectual property therein or otherwise provided to Agency and/or its Authorized End Users in connection with the foregoing.
1.13 “Flock Safety Falcon™” means an infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint™ technology to capture vehicular attributes.
1.14 “Flock Safety Raven™” means an audio detection device that provides real-time alerting to law enforcement based on programmed audio events such as gunshots, breaking glass, and street racing.
1.15 “Flock Safety Sparrow™” means an infrastructure-free license plate reader camera for residential roadways that utilizes Vehicle Fingerprint™ technology to capture vehicular attributes.
1.17 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Agency Hardware in the course of and provided via the Services.
1.18 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes. Hotlist also includes, but is not limited to, national data (i.e. NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.
1.19 “Implementation Fee(s)” means the monetary fees associated with the Installation Services, as defined below.
1.20 “Installation Services” means the services provided by Flock for installation of Agency Hardware and/or Flock Hardware, including any applicable installation of Embedded Software on Agency Hardware.
1.21 “Non-Agency End User(s)” means any individual, entity, or derivative therefrom, authorized to use the Services through the Web Interface, under the rights granted to pursuant to the terms (or to those materially similar) of this Agreement.
1.22 “Services” or “Flock Services” means the provision, via the Web Interface, of Flock’s software applications for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.
1.23 “Support Services” means Monitoring Services, as defined in Section 2.10 below.
1.24 “Usage Fee” means the subscription fees to be paid by the Agency for ongoing access to Services.
1.25 “Web Interface” means the website(s) or application(s) through which Agency and its Authorized End Users can access the Services, in accordance with the terms of this Agreement.
1.26 “Wing Suite” means the Flock interface which provides real-time access to the Flock Services, location of Flock Hardware, Agency Hardware, third-party cameras, live-stream video, Wing Livestream, Wing LPR, Wing Replay, alerts and other integrations.
1.27 “Wing Livestream” means real-time video integration with third-party cameras via the Flock interface.
1.28 “Wing LPR” means software integration with third-party cameras utilizing Flock’s Vehicle Fingerprint Technology™ for license plate capture.
1.29 “Wing Replay” means enhanced situational awareness encompassing Footage retention, replay ability, and downloadable content from Hot Lists integrated from third-party cameras.
1.30 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.
2. SERVICES AND SUPPORT
2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive, non-transferable right to access the features and functions of the Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Agency’s designated administrator, listed on the Order Form, and any Authorized End Users to access and download via the Web Interface for thirty (30) days.
Authorized End Users will be required to sign up for an account and select a password and username (“User ID”).
Flock will also provide Agency with the Documentation to be used in accessing and using the Services. Agency shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, if undertaken by Agency, would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such Authorized End User’s use of the Services and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage) which makes the Services available to Agency and Authorized End Users. Warranties provided by said third party service providers are the agency’s sole and exclusive remedy and Flock’s sole and exclusive liability with regard to such third-party services, including without limitation hosting the Web Interface. Agency agrees to comply with any acceptable use policies and other terms of any third-party service provider that are provided or otherwise made available to Agency from time to time.
2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, non- exclusive, non-transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as installed on the Flock Hardware or Agency Hardware; in each case, solely as necessary for Agency to use the Services.
2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a non- exclusive, non-transferable right and license to use the Documentation during the Term in connection with its use of the Services as contemplated herein, and under Section 2.5 below.
2.4 Wing Suite License. Subject to all terms of this Agreement, Flock grants Agency a limited, non-exclusive, non- transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Wing Suite software and interface.
2.5 Usage Restrictions.
2.5.1 Flock IP. The permitted purpose for usage of the Flock Hardware, Agency Hardware, Documentation, Services, support, and Flock IP are solely to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate government agency (“Permitted Purpose”). Agency will not, and will not permit any Authorized End Users to, (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of the Services or Flock IP; (vi) use the Services, support, Flock Hardware, Documentation, or the Flock IP for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Agency’s rights under Sections 2.1, 2.2, 2.3, or 2.4.
2.5.2. Flock Hardware. Agency understands that all Flock Hardware is owned exclusively by Flock, and that title to any Flock Hardware does not pass to Agency upon execution of this Agreement. Except for Falcon Flex products, which are designed for self-installation, Agency is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Notwithstanding the notice and cure period set for in Section 6.3, Agency agrees and understands that in the event Agency is found to engage in any of the restricted actions of this Section 2.5.2, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination (without opportunity to cure) for material breach by Agency.
2.6 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. There are no implied rights.
2.7 Suspension.
2.7.1 Service Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Agency’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if Flock reasonably determines that (a) there is a threat or attack on any of the Flock IP by Agency; (b) Agency’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Agency has violated any term of this provision, including, but not limited to, utilizing the Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Agency’s account (“Service Suspension”). Agency shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit.
2.7.2 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Agency or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Agency and to provide updates regarding resumption of access to Flock Services. Flock will use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Agency or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Agency’s direct actions or by the actions of parties associated with the Agency, the expiration of the Term will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day) prorated for the proportion of cameras on the Agency’s account that have been impacted. For example, in the event of a Service Interruption lasting five (5) continuous days, Agency will receive a credit for five (5) free days at the end of the Term.
2.8 Installation Services.
2.8.1 Designated Locations. For installation of Flock Hardware, excluding Falcon Flex products, prior to performing the physical installation of the Flock Hardware, Flock shall advise Agency on the location and positioning of the Flock Hardware for optimal license plate image capture, as conditions and location allow. Flock may consider input from Agency regarding location, position and angle of the Flock Hardware (“Designated Location”) and collaborate with Agency to design the Deployment Plan confirming the Designated Locations. Flock shall have final discretion on location of Flock Hardware. Flock shall have no liability to Agency resulting from any poor performance, functionality or Footage resulting from or otherwise relating to the Designated Locations or delay in installation due to Agency’s delay in confirming Designated Locations, in ordering and/or having the Designated Location ready for installation including having all electrical work preinstalled and permits ready, if necessary. After installation, any subsequent changes to the Deployment Plan (“Reinstalls”) will incur a charge for Flock’s then- current list price for Reinstalls, as listed in the then-current Reinstall policy (available at https://www.flocksafety.com/reinstall-fee-schedule) and any equipment fees. For clarity, Agency will receive prior notice and provide approval for any such fees. These changes include but are not limited to re-positioning, adjusting of the mounting, re-angling, removing foliage, replacement, changes to heights of poles, regardless of whether the need for Reinstalls related to vandalism, weather, theft, lack of criminal activity in view, and the like. Flock shall have full discretion on decision to reinstall Flock Hardware.
2.8.2 Agency Installation Obligations. Agency agrees to allow Flock and its agents reasonable access in and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the installation work. Although Flock Hardware is designed to utilize solar power, certain Designated Locations may require a reliable source of 120V or 240V AC power. In the event adequate solar power is not available, Agency is solely responsible for costs associated with providing a reliable source of 120V or 240V AC power to Flock Hardware. Flock will provide solar options to supply power at each Designated Location. If Agency refuses recommended solar options, Agency waives any reimbursement, tolling, or credit for any suspension period of Flock Services due to low solar power. Additionally, Agency is solely responsible for (i) any permits or associated costs, and managing the permitting process of installation of cameras or AC power; (ii) any federal, state, or local taxes including property, license, privilege, sales, use, excise, gross receipts, or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Flock Hardware, its use (excluding tax exempt entities), or (iii) any other supplementary cost for services performed in connection with installation of the Flock Hardware, including but not limited to contractor licensing, engineered drawings, rental of specialized equipment, or vehicles, third-party personnel (i.e. Traffic Control Officers, Electricians, State DOT-approved poles, etc., if necessary), such costs to be approved by the Agency (“Agency Installation Obligations”). In the event that a Designated Location for Flock Hardware requires permits, Flock may provide the Agency with a temporary alternate location for installation pending the permitting process. Once the required permits are obtained, Flock will relocate the Flock Hardware from the temporary alternate location to the permitted location at no additional cost. Without being obligated or taking any responsibility for the foregoing, Flock may pay and invoice related costs to Agency if Agency did not address them prior to the execution of this Agreement or a third party requires Flock to pay. Agency represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the Designated Locations and to make any necessary inspections or tests in connection with such installation.
2.8.3 Flock’s Obligations. Installation of Flock Hardware shall be installed in a workmanlike manner in accordance with Flock’s standard installation procedures, and the installation will be completed within a reasonable time from the time that the Designated Locations are confirmed. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Following the initial installation of the Flock Hardware and any subsequent Reinstalls or maintenance operations, Flock’s obligation to perform installation work shall cease; however, for the sole purpose of validating installation, Flock will continue to monitor the performance of Flock Hardware for the length of the Term and will receive access to the Footage for a period of seven (7) business days after the initial installation for quality control and provide any necessary maintenance. Labor may be provided by Flock or a third-party. Flock is not obligated to install, reinstall, or provide physical maintenance to Agency Hardware. Notwithstanding anything to the contrary, Agency understands that Flock will not provide installation services for Falcon Flex products.
2.8.4 Ownership of Hardware. Flock Hardware shall remain the personal property of Flock and will be removed upon the natural expiration of this Agreement at no additional cost to Agency. Agency shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Agency default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Agency’s default and Flock shall have the right to enforce any other legal remedy or right.
2.9 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock’s price for its services under this Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless.
2.10 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services, or the Designated Locations which may improve the performance or functionality of the Services or may improve the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the Parties prior to any alterations to or changes of the Services or the Designated Locations (“Monitoring Services”).
Flock will use commercially reasonable efforts to respond to requests for support. Flock will provide Agency with reasonable technical and on-site support and maintenance services (“On-Site Services”) in-person or by email at [email protected], at no additional cost. Notwithstanding anything to the contrary, Agency is solely responsible for installation of Falcon Flex products. Agency further understands and agrees that Flock will not provide monitoring services or on-site services for Falcon Flex.
2.11 Special Terms. From time to time, Flock may offer certain special terms related to guarantees, service and support which are indicated in the proposal and on the Order Form and will become part of this Agreement, upon Agency’s prior written consent (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.
2.12 Upgrades to Platform. Flock may, in its sole discretion, make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock’s products or services to its agencies, (b) the competitive strength of, or market for, Flock’s products or services, (c) such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law. Parties understand that such upgrades are necessary from time to time and will not materially change any terms or conditions within this Agreement.
3. RESTRICTIONS AND RESPONSIBILITIES
3.1 Agency Obligations. Flock will assist Agency Authorized End Users in the creation of a User ID. Agency agrees to provide Flock with accurate, complete, and updated registration information. Agency may not select as its User ID a name that Agency does not have the right to use, or another person’s name with the intent to impersonate that person. Agency may not transfer its account to anyone else without prior written permission of Flock. Agency will not share its account or password with anyone and must protect the security of its account and password. Unless otherwise stated and defined in this Agreement, Agency may not designate Authorized End Users for persons who are not officers, employees, or agents of Agency. Authorized End Users shall only use Agency-issued email addresses for the creation of their User ID. Agency is responsible for any activity associated with its account.
Agency shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services. Agency will, at its own expense, provide assistance to Flock, including, but not limited to, by means of access to, and use of, Agency facilities, as well as by means of assistance from Agency personnel to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or any Installation Services.
3.2 Agency Representations and Warranties. Agency represents, covenants, and warrants that Agency will use the Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of video, photo, or audio content. Although Flock has no obligation to monitor Agency ’s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
4. CONFIDENTIALITY; AGENCY DATA
4.1 Confidentiality. To the extent allowable by applicable FOIA and state-specific Public Records Acts, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Agency includes non-public data provided by Agency to Flock or collected by Flock via the Flock Hardware or Agency Hardware, to enable the provision of the Services, which includes but is not limited to geolocation information and environmental data collected by sensors . The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event will a Party apply less than reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. Flock’s use of the Proprietary Information may include processing the Proprietary Information to send Agency alerts, or to analyze the data collected to identify motion or other events. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. For clarity, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with a legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Flock, its users, a third party, or the public as required or permitted by law, including respond to an emergency situation. Flock may store deleted Footage in order to comply with certain legal obligations, but such retained Footage will not be retrievable without a valid court order.
4.2 Agency Data. As between Flock and Agency, all right, title and interest in the Agency Data, belong to and are retained solely by Agency. Agency hereby grants to Flock a limited, non-exclusive, royalty-free, worldwide license to (i) use the Agency Data and perform all acts with respect to the Agency Data as may be necessary for Flock to provide the Flock Services to Agency, including without limitation the Support Services set forth in Section 2.10 above, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify, display, and distribute the Agency Data as a part of the Aggregated Data, (ii) disclose the Agency Data (both inclusive of any Footage) to enable law enforcement monitoring for elected law enforcement Hotlists as well as provide Footage search access to law enforcement for investigative purposes only, and (iii) and obtain Aggregated Data as set forth below in Section 4.5. As between Agency and Non-Agency End Users that have prescribed access of Footage to Agency, each of Agency and Non-Agency End Users will share all right, title and interest in the Non-Agency End User Data. This Agreement does not by itself make any Non-Agency End User Data the sole property or the Proprietary Information of Agency. Flock will automatically delete Footage older than thirty (30) days. Agency has a thirty (30) day window to view, save and/or transmit Footage to the relevant government agency prior to its deletion. Notwithstanding the foregoing, Flock automatically deletes Wing Replay after seven (7) days, during which time Agency may view, save and/or transmit such data to the relevant government agency prior to deletion. Flock does not own and shall not sell Agency Data.
4.3 Agency Generated Data in Wing Suite. Parties understand that Flock does not own any right, title, or interest to third-party video integrated into the Wing Suite. Flock may provide Agency with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Wing Suite, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Agency. Agency shall retain whatever legally cognizable right, title, and interest that Agency has in Agency Generated Data. Agency understands and acknowledges that Flock has no obligation to monitor or enforce Agency’s intellectual property rights to Agency Generated Data. To the extent legally permissible, Agency grants Flock a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify, display, and distribute the Agency Generated Data for the sole purpose of providing Flock Services. Flock does not own and shall not sell Agency Generated Data.
4.4 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency hereby assigns (and will cause its agents and representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.
4.5 Aggregated Data. Flock shall have the right to collect, analyze, and anonymize Agency Data and Agency Generated Data to create Aggregated Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Agency hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right (during and after the Term hereof) to use and distribute such Aggregated Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, other Flock offerings, and crime prevention efforts. Parties understand that the aforementioned license is required for continuity of Services. No rights or licenses are granted except as expressly set forth herein. Flock does not sell Aggregated Data.
5. PAYMENT OF FEES
5.1.1 Software Product Fees. For Order Forms listing Wing Suite, Advanced Search and other software-only products, Agency will pay Flock the fees for the Initial Term (as described on the Order Form attached hereto) on or before the 30th day from the date of invoice. For any Renewal Terms, Agency shall pay invoice on or before the 30th day from the date of renewal invoice.
5.1.2 Hardware Product Fees. For Order Forms listing Falcon, Sparrow, Raven and Falcon Flex products, Agency will pay Flock fifty percent (50%) of the fees for the Initial Term as set forth on the Order Form on or before the 30th day from date of invoice. Upon commencement of installation, Flock will issue an invoice for twenty-five percent (25%) of total fees, and Agency shall pay on or before 30th day following date of invoice. Upon completion of installation, Flock will issue an invoice for the remaining balance and Agency shall pay on or before 30th day following date of final invoice. Flock is not obligated to commence the Installation Services unless and until the first payment has been made and shall have no liability resulting from any delay related thereto. For any Renewal Terms, Agency shall pay the total invoice on or before the 30th day from the date of renewal invoice.
5.2 Notice of Changes to Fees. Flock reserves the right to change the fees or applicable charges and to institute new charges and fees on subsequent terms by providing sixty (60) days’ notice prior to the end of such Initial Term or Renewal Term (as applicable) to Agency (which may be sent by email).
5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for invoices must be received by Flock thirty (30) days after the receipt of invoice. If Agency is a non-tax-exempt entity, Agency shall be responsible for all taxes associated with Services other than U.S. taxes based on Flock’s net income. If Agency believes that Flock has billed Agency incorrectly, Agency must contact Flock no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Agency acknowledges and agrees that a failure to contact Flock within this sixty (60) day period will serve as a waiver of any claim Agency may have had as a result of such billing error.
6. TERM AND TERMINATION
6.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form and shall commence at the time outlined in this section below (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term. a. For Wing Suite products: the Term shall commence upon execution of this Agreement and continue for one (1) year, after which, the Term may be extended by mutual consent of the Parties, unless terminated by either Party. b. For Falcon and Sparrow products: the Term shall commence upon first installation and validation of Flock Hardware.
c. For Raven products: the Term shall commence upon first installation and validation of Flock Hardware. d. For Falcon Flex products: the Term shall commence upon execution of this Agreement. e. For Advanced Search products: the Term shall commence upon execution of this Agreement.
6.2 Termination for Convenience. At any time during the agreed upon Term, either Party may terminate this Agreement for convenience. Termination for convenience of the Agreement by the Agency will be effective immediately. Termination for convenience by Agency will result in a one-time removal fee of $500 per Flock Hardware. Termination for convenience by Flock will not result in any removal fees. Upon termination for convenience, a refund will be provided for Flock Hardware, prorated for any fees for the remaining Term length set forth previously. Wing Suite products and Advanced Search are not subject to refund for early termination. Flock will provide advanced written notice and remove all Flock Hardware at Flock’s own convenience, within a commercially reasonable period of time upon termination. Agency’s termination of this Agreement for Flock’s material breach of this Agreement shall not be considered a termination for convenience for the purposes of this Section 6.2.
6.3 Termination. Notwithstanding the termination provisions in Section 2.5.2, in the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period. Either Party may terminate this Agreement, without notice, (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. Upon termination for Flock’s material breach, Flock will refund to Agency a pro-rata portion of the pre-paid fees for Services not received due to such termination.
6.4 No-Fee Term. Flock will provide Agency with complimentary access to Hotlist alerts, as further described in Section 4.2 (“No-Fee Term”). In the event a Non-Agency End User grants Agency access to Footage and/or notifications from a Non-Agency End User, Agency will have access to Non-Agency End User Footage and/or notifications until deletion, subject to a thirty (30) day retention policy for all products except Wing Replay, which is subject to a seven (7) day retention policy. Flock may, in their sole discretion, provide access or immediately terminate the No-Fee Term. The No-Fee Term will survive the Term of this Agreement. Flock, in its sole discretion, can determine to impose a price per No-Fee Term upon thirty (30) days’ notice to Agency. Agency may terminate any No-Fee Term or access to future No-Fee Terms upon thirty (30) days’ notice.
6.5 Survival. The following Sections will survive termination: 2.5, 2.6, 3, 4, 5, 6.4, 7.3, 7.4, 8.1, 8.2, 8.3,
8.4, 9.1 and 9.6.
7. REMEDY; WARRANTY AND DISCLAIMER
7.1 Remedy. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Agency must notify Flock’s technical support as described in Section 2.10 above. If Flock is unable to correct the Defect, Flock shall, or shall instruct one of its contractors to repair or replace the Flock Hardware or Embedded Software suffering from the Defect. Flock reserves the right in their sole discretion to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Flock Hardware provided that such inspection and test shall occur within a commercially reasonable time, but no longer than seven (7) business days after Agency notifies the Flock of a known Defect. In the event of a Defect, Flock will repair or replace the defective Flock Hardware at no additional cost to Agency. Absent a Defect, in the event that Flock Hardware is lost, stolen, or damaged, Agency may request that Flock replace the Flock Hardware at a fee according to the then-current Reinstall policy (https://www.flocksafety.com/reinstall-fee-schedule). Agency shall not be required to replace subsequently lost, damaged or stolen Flock Hardware, however, Agency understands and agrees that functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen Flock Hardware and that Flock will have no liability to Agency regarding such affected functionality nor shall the Usage Fee or Implementation Fees owed be impacted. Flock is under no obligation to replace or repair Flock Hardware or Agency Hardware.
7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 if Agency has misused the Flock Hardware, Agency Hardware, or Service in any manner.
7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE EMBEDDED SOFTWARE. FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER OF SECTION 7.4 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 9.6.
7.5 Insurance. Flock will maintain commercial general liability policies with policy limits reasonably commensurate with the magnitude of Flock’s business risk. Certificates of Insurance can be provided upon request.
7.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third-Party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, weather conditions or acts of hackers, internet service providers or any other third Party acts or omissions. Force Majeure includes the novel coronavirus Covid-19 pandemic, and the potential spread of variants, which is ongoing as of the date of the execution of this Agreement.
8. LIMITATION OF LIABILITY; NO FEE TERM; INDEMNITY
8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK AND ITS
SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS),
OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE
RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR
TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE
OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR
COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR REASONABLE
CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; (E) FOR CRIME PREVENTION; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH
ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/OR PAYABLE BY AGENCY TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR
OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY OF SECTION 8 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 9.6.
8.2 Additional No-Fee Term Requirements. IN NO EVENT SHALL FLOCK’S AGGREGATE LIABILITY, IF
ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY NO-FEE TERM AS DESCRIBED IN SECTION 6.4 EXCEED $100, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. Parties acknowledge and agree that the essential purpose of this Section 8.2 is to allocate the risks under the No-Fee Term described in Section 6.4 and limit potential liability given the aforementioned complimentary service, which would have been substantially higher if Flock were to assume any further liability other than as set forth herein. Flock has relied on these limitations in determining whether to provide the complementary No-Fee Term. The limitations set forth in this Section 8.2 shall not apply to claims or damages resulting from Flock’s other obligations under this Agreement.
8.3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own officers, agents, or employees.
9. INDEMNIFICATION
Agency hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses in connection with any claim or action that arises from an alleged violation of Section 3.1, a breach of this Agreement, Agency’s Installation Obligations, Agency’s sharing of any data in connection with the Flock system, Flock employees or agent or Non-Agency End Users, or otherwise from Agency’s use of the Services, Flock Hardware, Agency Hardware and any Embedded Software, including any claim that such actions violate any applicable law or third Party right. Although Flock has no obligation to monitor Agency’s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of Section 3.1 or this Agreement.
10. MISCELLANEOUS
10.1 Compliance With Laws. The Agency agrees to comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s). In the event Flock is legally compelled to comply with a judicial order, subpoena, or government mandate, to disclose Agency Data or Agency Generated Data, Flock will provide Agency with notice.
10.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
10.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.
10.4 Entire Agreement. This Agreement, together with the Order Form(s), the then-current Reinstall policy (https://www.flocksafety.com/reinstall-fee-schedule), Deployment Plan(s), and any attached addenda are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Agency’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail.
10.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Agency does not have any authority of any kind to bind Flock in any respect whatsoever. Flock shall at all times be and act as an independent contractor.
10.6 Governing Law; Venue. This Agreement shall be governed by the laws of the State in which the Agency is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Agency is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.
10.7 Publicity. Upon prior consent from Agency, Flock has the right to reference and use Agency’s name and trademarks and disclose the nature of the Services provided hereunder in each case in business and development and marketing efforts, including without limitation on Flock’s website.
10.8 Export. Agency may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in Federal Acquisition Regulation (“FAR”), section 2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
10.9 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.
10.10 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.
10.11 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
AGENCY NOTICES ADDRESS:
ADDRESS:
/FlockAgencyNoticeAddress1/
ATTN: /FlockAgencyNoticeAttention1/
EMAIL: /FlockAgencyNoticeEmail1/
STAFF REPORT
City of Lancaster
PH 1
11/08/2022
JC
Date:November 8, 2022
To: Mayor Parris and City Council Members
From:Jeff Hogan, Senior Director - Development Services Larissa De La Cruz, Senior Manager - Community Development Monique Garibay, Planner - Community Development
Subject:Zone Change No. 22-01 Located Between Avenue K and Avenue K-8 on the East Side of 55th Street West (APNs: 3204-010-054, -055, -062, -063, 3204-011-033, - 034, -059)
Recommendation:
1. Introduce Ordinance No. 1095, amending the City Zoning Plan for approximately 40.4 gross acres of land located between Avenue K and Avenue K-8 on the east side of 55th Street West (APN Numbers: 3204-010-054, -055, -062, -063, 3204-011-033, -034, -059), from Single- Family Residential, minimum lot size 10,000 square feet (R-10,000) to Single-Family Residential, minimum lot size 7,000 square feet (R-7,000), known as Zone Change No. 22-01.
Fiscal Impact:
None.
Background:
The City received a request from Royal Investor Group, an application for a Zone Change (ZC) and a Tentative Tract Map (TTM) for a proposed single-family residential subdivision located between Avenue K and Avenue K-8 on the east side of 55th Street West. Staff reviewed the proposed project and prepared a staff report (Attachment A), recommending approval to the Planning Commission for the TTM and ZC. The Planning Commission held a public hearing on September 19, 2022, and voted (by a 5-0-0-0-2 vote) to recommend approval to the City Council for ZC No. 22-01, and the approval of TTM No. 71210 for 169 single-family lots with open space amenities.
Staff reviewed the land use designations and zones, and determined that the proposed R-7,000 zone for the project site would be compatible and consistent with the surrounding area. The proposed project would not significantly change the type or intensity of use of the site. The subject 1 0
6 4
site would accommodate uses that are compatible with the neighboring land use and zoning. The project site is surrounded by mostly vacant land and a few single-family homes. The existing and proposed zones fall under the Urban Residential category. These zones are intended to provide for single-family dwellings in an urban environment with full urban services. Only those additional uses that are complementary to and exist in harmony with an urban residential neighborhood are allowed.
The project was also reviewed for compliance with the California Environmental Quality Act (CEQA), and the Planning Commission adopted a Mitigated Negative Declaration during their meeting on September 19, 2022.
The proposed project would bring new single-family housing to an undeveloped area. The development would be governed by a homeowners’ association (HOA), which would manage the common open space areas, and ensure quality standards are enforced. In addition, the project would be compatible with the single-family homes and other residential uses that surround the proposed subject site. Therefore, staff is recommending approval to change the zoning designation from R-10,000 to R-7,000.
JH:MG/hb
Attachments:
Ordinance No. 1095
Attachment A – PC Staff Report dated September 19, 2022 ORDINANCE NO. 1095
AN ORDINANCE OF THE CITY OF LANCASTER,
CALIFORNIA, AMENDING THE CITY ZONING PLAN FOR
40.4 GROSS ACRES OF LAND LOCATED BETWEEN
AVENUE K AND AVENUE K-8 ON THE EAST SIDE OF
55TH STREET WEST (ASSESSOR PARCEL NUMBERS: 3204-
010-054, -055, -062, -063, 3204-011-033, -034, -059), FROM SINGLE-FAMILY RESIDENTIAL, MINIMUM LOT SIZE 10,000
SQUARE FEET (R-10,000) TO SINGLE-FAMILY
RESIDENTIAL, MINIMUM LOT SIZE 7,000 SQUARE FEET
(R-7,000), KNOWN AS ZONE CHANGE NO. 22-01
WHEREAS, pursuant to Section 17.24.060 of the Lancaster Municipal Code, an application has been filed by Royal Investor Group (“Applicant”) to change the zoning designation on 40 acres of land that is located between Avenue K and Avenue K-8 on the east side of 55th Street West from R-10,000 to R-7,000; and
WHEREAS, a notice of intention to consider a zone change of the subject property was given, as required by Section 17.24.110 of the Lancaster Municipal Code, and Sections 65854 and 65905 of the Government Code; and
WHEREAS, on September 19, 2022, the City’s Planning Commission held a public hearing on Zone Change No. 22-01, notice of which was published and provided as required by law, and adopted Resolution No. 22-27 (the “Planning Commission Recommendation”) recommending the City Council Zone Change No. 22-01; and WHEREAS, staff has performed the necessary investigations, prepared a written report, and recommended that the zone change request be approved; and WHEREAS, the City Council desires to approve the Applicant’s request as set forth herein.
THE CITY COUNCIL OF THE CITY OF LANCASTER, CALIFORNIA, DOES HEREBY ORDAIN, AS FOLLOWS:
Section 1. The foregoing Recitals are true, correct and a substantive part of this Ordinance.
Section 2. The City Council hereby makes the following findings:
a. That modified conditions warrant a revision in the zoning plan as it pertains to the area or district under consideration; and b. That a need for the proposed zone classification exists within such area or district; and
Ordinance No. 1095