Lancaster City Council
December 13, 2022

Accountant H - $38.61
M - $6,691.47
H - $40.54
M - $7,026.05
H - $42.57
M - $7,377.35
H - $44.69
M - $7,746.21
H - $46.93
M - $8,133.53
H - $51.92
M - $8,999.21
Inspector H - $38.61
M - $6,691.47
H - $40.54
M - $7,026.05
H - $42.57
M - $7,377.35
H - $44.69
M - $7,746.21
H - $46.93
M - $8,133.53
H - $51.92
M - $8,999.21
Senior
Specialist
H - $38.61
M - $6,691.47
H - $40.54
M - $7,026.05
H - $42.57
M - $7,377.35
H - $44.69
M - $7,746.21
H - $46.93
M - $8,133.53
H - $51.92
M - $8,999.21
Supervisor I H - $38.61
M - $6,691.47
H - $40.54
M - $7,026.05
H - $42.57
M - $7,377.35
H - $44.69
M - $7,746.21
H - $46.93
M - $8,133.53
H - $51.92
M - $8,999.21
IT Analyst I H - $42.61
M - $7,386.07
H - $44.74
M - $7,755.37
H - $46.98
M - $8,143.14
H - $49.33
M - $8,550.30
H - $51.79
M - $8,977.81
H - $57.31
M - $9,933.44
Senior
Engineering
Technician
H - $44.77
M - $7,759.99
H - $47.01
M - $8,147.99
H - $49.36
M - $8,555.39
H - $51.83
M - $8,983.16
H - $54.42
M - $9,432.32
H - $60.21
M - $10,436.32
Senior
Inspector
H - $44.77
M - $7,759.99
H - $47.01
M - $8,147.99
H - $49.36
M - $8,555.39
H - $51.83
M - $8,983.16
H - $54.42
M - $9,432.32
H - $60.21
M - $10,436.32
Analyst H - $45.89
M - $7,953.99
H - $48.18
M - $8,351.69
H - $50.59
M - $8,769.28
H - $53.12
M - $9,207.74
H - $55.77
M - $9,668.13
H - $61.72
M - $10,697.22
Coordinator
III
H - $45.89
M - $7,953.99
H - $48.18
M - $8,351.69
H - $50.59
M - $8,769.28
H - $53.12
M - $9,207.74
H - $55.77
M - $9,668.13
H - $61.72
M - $10,697.22
IT Analyst II H - $47.04
M - $8,152.80
H - $49.39
M - $8,560.44
H - $51.86
M - $8,988.46
H - $54.45
M - $9,437.88
H - $57.18
M - $9,909.78
H - $63.26
M - $10,964.66
Section 4. The 3400 series employee group and the following Tier 2 classifications are removed from the Compensation Schedule:

Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Executive
Assistant
H - $38.86
M - $6,736.14
H - $40.80
M - $7,072.95
H - $42.84
M - $7,426.59
H - $44.99
M - $7,797.92
H - $47.24
M - $8,187.82
H - $51.82
M - $8,981.51
Section 5. The 4000 series employee group and the following Tier 2 classifications are established in the Compensation Schedule effective December 13, 2022 as follows Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Specialist I H - $30.23
M - $5239.22
H - $31.74
M - $5,501.18
H - $33.33
M - $5,776.24
H - $34.99
M - $6,064.05
H - $36.74
M - $6,368.30
H - $40.30
M - $6,985.62
Coordinator I H - $34.55
M - $5,987.67
H - $36.27
M - $6,287.05
H - $38.09
M - $6,601.40
H - $39.99
M - $6,931.47
H - $41.99
M - $7,278.05
H - $46.06
M - $7,983.57
Senior
Administrative
Assistant
H - $34.55
M - $5,987.67
H - $36.27
M - $6,287.05
H - $38.09
M - $6,601.40
H - $39.99
M - $6,931.47
H - $41.99
M - $7,278.05
H - $46.06
M - $7,983.57
Resolution No. 22-62

Specialist II H - $34.55
M - $5,987.67
H - $36.27
M - $6,287.05
H - $38.09
M - $6,601.40
H - $39.99
M - $6,931.47
H - $41.99
M - $7,278.05
H - $46.06
M - $7,983.57
Accountant H - $38.86
M - $6,736.14
H - $40.80
M - $7,072.95
H - $42.84
M - $7,426.59
H - $44.99
M - $7,797.92
H - $47.24
M - $8,187.82
H - $51.82
M - $8,981.51
Assistant City
Clerk
H - $38.86
M - $6,736.14
H - $40.80
M - $7,072.95
H - $42.84
M - $7,426.59
H - $44.99
M - $7,797.92
H - $47.24
M - $8,187.82
H - $51.82
M - $8,981.51
Coordinator II H - $38.86
M - $6,736.14
H - $40.80
M - $7,072.95
H - $42.84
M - $7,426.59
H - $44.99
M - $7,797.92
H - $47.24
M - $8,187.82
H - $51.82
M - $8,981.51
Engineering
Technician
H - $38.86
M - $6,736.14
H - $40.80
M - $7,072.95
H - $42.84
M - $7,426.59
H - $44.99
M - $7,797.92
H - $47.24
M - $8,187.82
H - $51.82
M - $8,981.51
Inspector H - $38.86
M - $6,736.14
H - $40.80
M - $7,072.95
H - $42.84
M - $7,426.59
H - $44.99
M - $7,797.92
H - $47.24
M - $8,187.82
H - $51.82
M - $8,981.51
Purchasing
Agent
H - $38.86
M - $6,736.14
H - $40.80
M - $7,072.95
H - $42.84
M - $7,426.59
H - $44.99
M - $7,797.92
H - $47.24
M - $8,187.82
H - $51.82
M - $8,981.51
Senior
Specialist
H - $38.86
M - $6,736.14
H - $40.80
M - $7,072.95
H - $42.84
M - $7,426.59
H - $44.99
M - $7,797.92
H - $47.24
M - $8,187.82
H - $51.82
M - $8,981.51
Supervisor I H - $38.86
M - $6,736.14
H - $40.80
M - $7,072.95
H - $42.84
M - $7,426.59
H - $44.99
M - $7,797.92
H - $47.24
M - $8,187.82
H - $51.82
M - $8,981.51
Analyst H - $43.18
M - $7,484.59
H - $45.33
M - $7,858.82
H - $47.60
M - $8,251.76
H - $49.98
M - $8,664.35
H - $52.48
M - $9,097.56
H - $57.57
M - $9,979.45
Coordinator
III
H - $43.18
M - $7,484.59
H - $45.33
M - $7,858.82
H - $47.60
M - $8,251.76
H - $49.98
M - $8,664.35
H - $52.48
M - $9,097.56
H - $57.57
M - $9,979.45
IT Analyst I H - $43.18
M - $7,484.59
H - $45.33
M - $7,858.82
H - $47.60
M - $8,251.76
H - $49.98
M - $8,664.35
H - $52.48
M - $9,097.56
H - $57.57
M - $9,979.45
Planner H - $43.18
M - $7,484.59
H - $45.33
M - $7,858.82
H - $47.60
M - $8,251.76
H - $49.98
M - $8,664.35
H - $52.48
M - $9,097.56
H - $57.57
M - $9,979.45
Senior
Engineering
Technician
H - $43.18
M - $7,484.59
H - $45.33
M - $7,858.82
H - $47.60
M - $8,251.76
H - $49.98
M - $8,664.35
H - $52.48
M - $9,097.56
H - $57.57
M - $9,979.45
Senior
Inspector
H - $43.18
M - $7,484.59
H - $45.33
M - $7,858.82
H - $47.60
M - $8,251.76
H - $49.98
M - $8,664.35
H - $52.48
M - $9,097.56
H - $57.57
M - $9,979.45
Supervisor II H - $43.18
M - $7,484.59
H - $45.33
M - $7,858.82
H - $47.60
M - $8,251.76
H - $49.98
M - $8,664.35
H - $52.48
M - $9,097.56
H - $57.57
M - $9,979.45
Assistant
Manager
H - $47.50
M - $8,233.05
H - $49.88
M - $8,644.70
H - $52.37
M - $9,076.94
H - $54.99
M - $9,530.78
H - $57.74
M - $10,007.32
H - $63.34
M - $10,977.40
IT Analyst II H - $47.50
M - $8,233.05
H - $49.88
M - $8,644.70
H - $52.37
M - $9,076.94
H - $54.99
M - $9,530.78
H - $57.74
M - $10,007.32
H - $63.34
M - $10,977.40
Resolution No. 22-62

Senior Analyst H - $47.50
M - $8,233.05
H - $49.88
M - $8,644.70
H - $52.37
M - $9,076.94
H - $54.99
M - $9,530.78
H - $57.74
M - $10,007.32
H - $63.34
M - $10,977.40
Senior
Coordinator
H - $47.50
M - $8,233.05
H - $49.88
M - $8,644.70
H - $52.37
M - $9,076.94
H - $54.99
M - $9,530.78
H - $57.74
M - $10,007.32
H - $63.34
M - $10,977.40
Senior IT
Analyst
H - $51.82
M - $8,981.51
H - $54.41
M - $9,430.59
H - $57.13
M - $9,902.12
H - $59.99
M - $10,397.22
H - $62.98
M - $10,917.08
H - $69.09
M - $11,975.36
Engineer H - $51.82
M - $8,981.51
H - $54.41
M - $9,430.59
H - $57.13
M - $9,902.12
H - $59.99
M - $10,397.22
H - $62.98
M - $10,917.08
H - $69.09
M - $11,975.36
Section 6. The 3000 series employee group and the following Tier 1 (employees hired in the following positions on or before June 30, 2019) classifications are established in the Compensation Schedule effective December 13, 2022 as follows:

Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Planner H - $41.60
M - $7,210.90
H - $43.68
M - $7,571.44
H - $45.87
M - $7,950.01
H - $48.16
M - $8,347.51
H - $50.57
M - $8,764.89
H - $58.24
M - $10,094.90
Analyst H - $43.18
M - $7,484.60
H - $45.33
M - $7,858.83
H - $47.60
M - $8,251.77
H - $49.98
M - $8,664.36
H - $52.48
M - $9,097.58
H - $58.24
M - $10,094.90
Analyst H - $45.89
M - $7,953.99
H - $48.18
M - $8,351.69
H - $50.59
M - $8,769.28
H - $53.12
M - $9,207.74
H - $55.77
M - $9,668.13
H - $61.72
M - $10,697.22
Senior Planner H - $50.68
M - $8,785.74
H - $53.22
M - $9,225.03
H - $55.88
M - $9,686.28
H - $58.67
M - $10,170.59
H - $61.61
M - $10,679.12
H - $70.96
M - $12,299.82
Engineer H - $51.82
M - $8,981.51
H - $54.41
M - $9,430.59
H - $57.13
M - $9,902.12
H - $59.99
M - $10,397.22
H - $62.98
M - $10,917.08
H - $69.09
M - $11,975.36
Manager H - $54.59
M - $9,461.85
H - $57.32
M - $9,934.95
H - $60.18
M - $10,431.69
H - $63.19
M - $10,953.28
H - $66.35
M - $11,500.94
H - $76.42
M - $13,246.77
Section 7. The 3000 series employee group and the following Tier 2 classifications are removed from the Compensation Schedule:

Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Senior
Manager
H - $69.09
M - $11,975.34
H - $72.54
M - $12,574.11
H - $76.17
M - $13,202.82
H - $79.98
M - $13,862.96
H - $83.98
M - $14,556.11
H - $92.12
M - $15,967.14
Section 8. The 3000 series employee group and the following Tier 2 classifications are established in the Compensation Schedule effective December 13, 2022 as follows:

Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Senior Planner H - $51.82
M - $8,981.51
H - $54.41
M - $9,430.59
H - $57.13
M - $9,902.12
H - $59.99
M - $10,397.22
H - $62.98
M - $10,917.08
H - $69.09
M - $11,975.36
Resolution No. 22-62

Manager H - $56.13
M - $9,729.97
H - $58.94
M - $10,216.47
H - $61.89
M - $10,727.29
H - $64.98
M - $11,263.66
H - $68.23
M - $11,826.84
H - $74.84
M - $12,973.29
Chief Building
Official
H - $60.45
M - $10,478.42
H - $63.47
M - $11,002.34
H - $66.64
M - $11,552.46
H - $69.98
M - $12,130.08
H - $73.48
M - $12,739.59
H - $80.61
M - $13,971.24
Senior
Engineer
H - $60.45
M - $10,478.42
H - $63.47
M - $11,002.34
H - $66.64
M - $11,552.46
H - $69.98
M - $12,130.08
H - $73.48
M - $12,739.59
H - $80.61
M - $13,971.24
City Clerk H - $69.09
M - $11,975.34
H - $72.54
M - $12,574.11
H - $76.17
M - $13,202.82
H - $79.98
M - $13,862.96
H - $83.98
M - $14,556.11
H - $92.12
M - $15,967.14
Assistant City
Attorney
H - $69.09
M - $11,975.34
H - $72.54
M - $12,574.11
H - $76.17
M - $13,202.82
H - $79.98
M - $13,862.96
H - $83.98
M - $14,556.11
H - $92.12
M - $15,967.14
Assistant
Director
H - $69.09
M - $11,975.34
H - $72.54
M - $12,574.11
H - $76.17
M - $13,202.82
H - $79.98
M - $13,862.96
H - $83.98
M - $14,556.11
H - $92.12
M - $15,967.14
Section 9. The 2000 series employee group and the following classifications are established in the Compensation Schedule effective December 13, 2022 as follows:

Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Director H - $86.36
M - $14,969.18
H - $90.68
M - $15,717.64
H - $95.21
M - $16,503.52
H - $99.98
M - $17,328.69
H - $104.97
M - $18,195.13
H - $115.14
M - $19,958.91
Senior
Director
H - $91.62
M - $15,881.94
H - $96.20
M - $16,676.04
H - $101.01
M - $17,509.84
H - $106.07
M - $18,385.33
H - $111.37
M - $19,304.60
H - $122.17
M - $21,175.93
Assistant City
Manager
H - $105.32
M - $18,255.10
H - $110.58
M - $19,167.86
H - $116.11
M - $20,126.25
H - $121.92
M - $21,132.56
H - $128.01
M - $22,189.19
H - $140.43
M - $24,340.13
Section 10. The 6000 series employee group and the following classifications are established in the Compensation Schedule effective December 13, 2022 as follows:

Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Fleet Technician H - $24.14
M - $4,184.96
H - $26.45
M - $4,585.61
H - $27.84
M - $4,826.96
H - $29.31
M - $5,081.01
H - $30.85
M - $5,348.44
H - $32.48
M - $5,629.93
Maintenance
Worker I
H - $24.14
M - $4,184.96
H - $26.45
M - $4,585.61
H - $27.84
M - $4,826.96
H - $29.31
M - $5,081.01
H - $30.85
M - $5,348.44
H - $32.48
M - $5,629.93
Utility
Maintenance
Worker I
H - $25.37
M - $4,397.23
H - $27.80
M - $4,817.19
H - $29.26
M - $5,070.73
H - $30.80
M - $5,337.61
H - $32.42
M - $5,618.54
H - $34.13
M - $5,914.25
Maintenance
Worker II
H - $26.65
M - $4,619.23
H - $29.20
M - $5,061.47
H - $30.73
M - $5,327.86
H - $32.35
M - $5,608.27
H - $34.05
M - $5,903.44
H - $35.85
M - $6,214.15
Custodian H - $27.32
M - $4,736.08
H - $29.93
M - $5,188.36
H - $31.51
M - $5,461.43
H - $33.17
M - $5,748.87
H - $34.91
M - $6,051.44
H - $36.75
M - $6,369.94
Resolution No. 22-62

Utility
Maintenance
Worker II
H - $28.01
M - $4,854.86
H - $30.68
M - $5,316.84
H - $32.29
M - $5,596.67
H - $33.99
M - $5,891.23
H - $35.78
M - $6,201.30
H - $37.66
M - $6,527.68
Light
Equipment
Mechanic
H - $28.01
M - $4,854.86
H - $30.68
M - $5,316.84
H - $32.29
M - $5,596.67
H - $33.99
M - $5,891.23
H - $35.78
M - $6,201.30
H - $37.66
M - $6,527.68
Heavy
Equipment
Operator
H - $28.01
M - $4,854.86
H - $30.68
M - $5,316.84
H - $32.29
M - $5,596.67
H - $33.99
M - $5,891.23
H - $35.78
M - $6,201.30
H - $37.66
M - $6,527.68
Facilities
Maintenance
Worker
H - $28.01
M - $4,854.86
H - $30.68
M - $5,316.84
H - $32.29
M - $5,596.67
H - $33.99
M - $5,891.23
H - $35.78
M - $6,201.30
H - $37.66
M - $6,527.68
Lead
Maintenance
Worker
H - $30.16
M - $5,226.83
H - $33.04
M - $5,726.07
H - $34.78
M - $6,027.45
H - $36.61
M - $6,344.68
H - $38.53
M - $6,678.61
H - $40.56
M - $7,030.12
Heavy
Equipment
Mechanic
H - $31.68
M - $5,491.67
H - $34.71
M - $6,016.34
H - $36.54
M - $6,332.99
H - $38.46
M - $6,666.30
H - $40.49
M - $7,017.16
H - $42.62
M - $7,386.49
Lead Utility
Maintenance
Worker
H - $31.68
M - $5,491.67
H - $34.71
M - $6,016.34
H - $36.54
M - $6,332.99
H - $38.46
M - $6,666.30
H - $40.49
M - $7,017.16
H - $42.62
M - $7,386.49
Lead Heavy
Equipment
Operator
H - $30.16
M - $5,226.83
H - $33.04
M - $5,726.07
H - $34.78
M - $6,027.45
H - $36.61
M - $6,344.68
H - $38.53
M - $6,678.61
H - $40.56
M - $7,030.12
Traffic Signal
Technician
H - $33.29
M - $5,770.15
H - $36.47
M - $6,320.89
H - $38.39
M - $6,653.57
H - $40.41
M - $7,003.75
H - $42.53
M - $7,372.37
H - $44.77
M - $7,760.39
Lead Mechanic H - $34.98
M - $6,062.26
H - $38.31
M - $6,641.29
H - $40.33
M - $6,990.83
H - $42.45
M - $7,358.77
H - $44.69
M - $7,746.08
H - $47.04
M - $8,153.76
Traffic Signal
Electrician
H - $44.77
M - $7,760.39
H - $49.04
M - $8,500.28
H - $51.62
M - $8,947.67
H - $54.34
M - $9,418.60
H - $57.20
M - $9,914.31
H - $60.21
M - $10,436.12
Section 11. The 7000 series employee group and the following classifications are removed from the Compensation Schedule:

Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Tier I - Code
Enforcement
Officer
H - $38.61
M - $6,691.26
H - $42.28
M - $7,329.69
H - $44.51
M - $7,715.46
H - $46.85
M - $8,121.53
H - $49.32
M - $8,548.98
H - $51.91
M - $8,998.93
Tier 2* - Code
Enforcement
Officer
H - $34.05
M - $5,902.56
H - $37.31
M - $6,466.82
H - $39.27
M - $6,807.18
H - $41.34
M - $7,165.45
H - $43.51
M - $7,542.58
H - $45.80
M - $7,939.55
*All City employees that were hired on or before January 31, 2019 that are promoted or transferred to a Code Enforcement Officer position will be placed in Tier 2 classification and pay grade.

Section 10. The 8000 series employee group and the following classifications are removed from the Compensation Schedule:

Resolution No. 22-62

Classification
Public Safety Liaison $24.00 - $47.00
Section 12. The 8000 series employee group classifications are established in the Temporary Hourly Compensation Schedule as follows:

Effective
11/08/2022
Classification
Step 1 Step 2 Step 3 Step 4
Recreation Program Leader $16.00 $16.80 $17.64 $18.52
Sr. Recreation Program Leader $19.45 $20.42 $21.44 $22.51 Youth Program Leader $16.00 $16.80 $17.64 $18.52
Sr. Youth Program Leader $19.45 $20.42 $21.44 $22.51
Art Program Leader $16.00 $16.80 $17.64 $18.52
Sr. Art Program Leader $19.45 $20.42 $21.44 $22.51
Lifeguard I $16.00 $16.80 $17.64 $18.52
Lifeguard II $17.64 $18.52 $19.45 $20.42
Sr. Lifeguard $19.45 $20.42 $21.44 $22.51
Sr. Aquatic Program Leader $23.64 $24.82 $26.06 $27.37
Special Events Assistant $16.00 $16.80 $17.64 $18.52
Technical Assistant $19.45 $20.42 $21.44 $22.52
Sr. Technical Assistant $23.64 $24.82 $26.06 $27.37
Stage Assistant $16.00 $16.80 $17.64 $18.52
Sr. Stage Assistant $19.45 $20.42 $21.44 $22.51
Media Assistant $19.45 $20.42 $21.44 $22.52
Sr. Media Assistant $23.64 $24.82 $26.06 $27.37
Maintenance Assistant $16.00 $16.80 $17.64 $18.52
Sr. Maintenance Assistant $19.45 $20.42 $21.44 $22.51
Facilities Assistant $16.00 $16.80 $17.64 $18.52
Sr. Facilities Assistant $19.45 $20.42 $21.44 $22.51
Ranger $16.00 $16.80 $17.64 $18.52
Sr. Ranger $19.45 $20.42 $21.44 $22.51
Security Officer $23.64 $24.82 $26.06 $27.37
Sr. Security Officer $28.74 $30.18 $31.69 $33.27
Office Assistant $19.45 $20.42 $21.44 $22.51
Senior Office Assistant $23.64 $24.82 $26.06 $27.37
Undergraduate Intern $23.64
Graduate Intern $27.37
Homeless Services Liaison $24.00 - $47.00
Project Assistant $28.00 - $48.00
Resolution No. 22-62

Section 13. Additional Full Time Equivalent (FTE) Positions to the 2022-2023 Fiscal Year.

Thirty (30) FTE positions added to the Public Safety Department; five (5) FTE positions added to the AQMD Division; one (1) FTE position added to the City Manager’s Office; and one (1) FTE added to the Parks, Arts, Recreation and Community Services Department to the current fiscal year.

Section 14. Continuation of Other Benefits. All other existing benefits for 8000 series, 6000 series, 5000 series, 4000 series, 3000 series and 2000 series employees not conflicting with the above changes shall remain in effect until changed by the City through appropriate City Council action.

Section 15. Any Resolutions in conflict with provisions stated herein shall be considered superseded by the provisions contained within this Resolution.

Resolution No. 22-62

PASSED, APPROVED, and ADOPTED this 13th day of December, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ ______________________________ ANDREA ALEXANDER R. REX PARRIS,
City Clerk Mayor
City of Lancaster City of Lancaster

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss

CITY OF LANCASTER )

CERTIFICATION OF RESOLUTION

CITY COUNCIL
I, __________________________, ___________________________ City of Lancaster, CA, do hereby certify that this is a true and correct copy of the original Resolution No. 22-62, 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)
_____________________________

STAFF REPORT
City of Lancaster
PH 1
12/13/2022
JC
Date: December 13, 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. 21-04 Located at the Northeast Corner of 55th Street West and Avenue K (APNs: 3203-016-035, -036, -037)
Recommendation:

Introduce Ordinance No. 1096, amending the City Zoning Plan for approximately 38.9 gross acres of land located at the northeast corner of 55th Street West and Avenue K (APNs: 3203-016-035, - 036, -037) from Single-Family Residential, minimum lot size 10,000 square feet (R-10,000), and Single-Family Residential, minimum lot size 15,000 square feet (R-15,000) to Single-Family Residential, minimum lot size 7,000 square feet (R-7,000), known as Zone Change No. 21-04.

Fiscal Impact:

None.

Background:

The City received an application for a Zone Change (ZC) and a Tentative Tract Map (TTM) for a proposed single-family residential subdivision located on the northeast corner of 55 th Street West and Avenue K. 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 October 17, 2022, and voted (by a 6-0-0-0-1 vote) to recommend approval to the City Council for ZC No. 21-04, and the approval of TTM No. 61920 for 162 single-family lots.

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 site would accommodate uses that are compatible with the neighboring land use and zoning. The project site is surrounded by mostly vacant land and single-family homes. The existing and proposed zones fall under the Urban Residential category. These zones are intended to provide for 1 0
9 2
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 October 17, 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 and R-15,000 to R-7,000.

MG/hb
Attachments:

Ordinance No. 1096
Attachment A – PC Staff Report dated October 17, 2022
ORDINANCE NO. 1096

AN ORDINANCE OF THE CITY OF LANCASTER,

CALIFORNIA, AMENDING THE CITY ZONING PLAN FOR
APPROXIMATELY 38.9 GROSS ACRES OF LAND LOCATED
AT THE NORTHEAST CORNER OF 55TH STREET WEST AND
AVENUE K (ASSESSOR PARCEL NUMBERS: 3203-016-035, -
036, -037) FROM SINGLE-FAMILY RESIDENTIAL, MINIMUM
LOT SIZE 10,000 SQUARE FEET (R-10,000) AND SINGLE-
FAMILY RESIDENTIAL, MINIMUM LOT SIZE 15,000
SQUARE FEET (R-15,0000) TO SINGLE-FAMILY
RESIDENTIAL, M INIMUM LOT SIZE 7,000 SQUARE FEET
(R-7,000), KNOWN AS ZONE CHANGE NO. 21-04
WHEREAS, pursuant to Section 17.24.060 of the Lancaster Municipal Code, an application has been filed by United Civil, Inc (“Applicant”) to change the zoning designation on

38.9 acres of land that is located at the northeast corner of 55th Street West and Avenue K from R-10,000 and R-15,000 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 October 17, 2022, the City’s Planning Commission held a public hearing on Zone Change No. 21-04, notice of which was published and provided as required by law, and adopted Resolution No. 22-30 (the “Planning Commission Recommendation”) recommending the City Council Zone Change No. 21-04; 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. 1096

3 0
0 9
c. That the particular property under consideration is a proper location for said zone classification within such area or district; and d. That placement of the proposed zone at such location will be in the interest of public health, safety and general welfare and in conformity with good zoning practice
Section 3. The subject properties are reclassified from R-10,000 and R-15,000 to R- 7,000.

Section 4. Any ordinance previously adopted by the City Council shall be and hereby is repealed if and to the extent inconsistent with this Ordinance; provided, however, that each such ordinance shall otherwise remain in full force and effect.

Section 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held for any reason to be invalid or unconstitutional by the decision of any court of competent jurisdiction, 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, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.

Section 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after adoption.

Ordinance No. 1096

3 0
0 9
I, Andrea Alexander, 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. 1096, 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)
___________________________________
\f, LAN STER
AGENDA ITEM: 2
TO

STAFF REPORT
TENTATIVE TRACT MAP NO. 61920
ZONE CHANGE NO.2I..O4
DATE:

FROM:

APPLICANT:

LOCATION
REQUEST:

RECOMMENDATION:

DArE: 10- 17 -22
PC ACTIOH:

APPROVED {6-0-0-0.r }
ABSEHT: Moore
October 17,2022
Lancaster Planning Commission
Monique Garibay, Plannerl46
Community Development Division, Development Services Department United Civil, Inc

38.9+ gross acres at the northeast corner of 55th Street West and Avenue K (APNs: 3203-016-035, -036, -037)
Tentative Tract Map to subdivide 38.9+ gross acres into 162 single- family residential lots in the R-10,000 and R-15,000 zones; Zone change from R-10,000 and R-15,000 to R-7,000
Adopt Resolution No. 22-30 approving Tentative Tract Map (TTM) No. 61920 to allow for the subdivision of 38.9 gross acres into 162 single-family lots located at the northeast comer of 55th Street West and Avenue K (Assessor Parcel Numbers: 3203-016-035, -036, -037), adopting a Mitigated Negative Declaration, and recommending approval to City Council for Zone Change (ZC) No. 2l-04 for a change of zone from R-10,000 and R-15,000 to R-7,000.

BACKGROUND
On July 18, 2005, the Planning Commission approved Tentative Tract Map for the subdivision of 108 single-family residential lots. On August 20,2007, the Planning Commission approved a one- year extension which carried the expiration of this map to July 18, 2007. Since 2008, the State of California granted four automatic extensions, which carried the expiration of the map to July 18, 2016. The Planning Commission granted the final extension in 2016 and the map ultimately expired. In October 202l,the applicant refiled TTM 61920 for the subdivision of 162 single-family residential lots and ZC No. 2l-04 for a change in zoning from R-10,000 and R-15,000 to R-7,000.

PC Staff Report
Tentative Tract Map No. 61920/ Zone Change No. 21-04
October 17, 2022

GENERAL INFORMATION

Table 1 summarizes the general information concerning this project.

Table 1: General Information

ITEM DESCRIPTION
APNS 3203-016-035, -036, -037
LOCATION 38.9± gross acres located at the northeast corner of 55th Street West and Avenue K

ZONING AND LAND
USE
R-10,000 (single -family residential, minimum lot size 10,000 square feet) and R-15,000 (single-family residential, minimum lot size 15,000 square feet)

SURROUNDING LAND

USES AND ZONING
North: Vacant, R-10,000
South: Vacant, R-10,000 (R-7,000 proposed), R-15,000
East: Vacant, R-10,000, R-15,000
West: Vacant, R-7,000

CURRENT
DEVELOPMENT Vacant Land

ENVIRONMENTAL
REVIEW

An initial study (SCH # 2022090101) was prepared for the proposed project and circulated for a 30-day public review period in accordance with the California Environmental Quality Act (CEQA). The public review period started on September 9 , 2022 and ended on October 11, 2022.

Effective January 1, 1991, applicants whose projects have the potential to result in the loss of fish, wildlife, or habitat through urbanization and/or land use conversion are required to pay filing fees as set forth under Section 711.4 of the Fish and Game Code.

Pursuant to Section 21089(b) of the Public Resources Code, the approval of a project is not valid, and no development
right is
vested, until such fees are paid.

PROJECT DESCRIPTION:

The proposed project consists of a subdivision of approximately 38.9± gross acres into 162 single- family residential lots. The lots range from 7,011 square feet to 9,936 square feet. Access to the PC Staff Report
Tentative Tract Map No. 61920/ Zone Change No. 21-04
October 17, 2022

subdivision would be provided from 52
nd and 55th Street West and all of the streets within the development would be private. A change in zoning from R-10,000 and R-15,000 to R-7,000 has also been requested as part of the applicat ion. Parcel numbers 3203-016- 035 and - 036 are split zoned and currently have the designations of both R-10,000 (northern half) and R-15,000 (southern half). Split zoned parcels are more difficult to develop since each zone has to follow specific development standards. The proposed zone change would homogenize the entire project site so that the residential development follows the same standards of the R-7,000 zone.

ANALYSIS:

General Plan Consistency
The proposed project would be consistent with the following goals, objectives, policies , and specific actions:

Specific Action 3.2.1(a): Through the landscape plan check process, require the provision of drought-tolerant landscaping and water -saving irrigation systems for new residential, commercial, and industrial developments in accordance with City landscape ordinances.

Policy 3.3.1: Minimize the amount of vehicular miles traveled.

Policy 3.5.1: Minimize erosion problems resulting from development activities.

Objective 3.6: Encourage efficient use of energy resources through the promotion of efficient land use patterns, the incorporation of energy conservation practices into new and existing development, and appropriate use of alternative energy.

Policy 3.6.2: Encourage innovative building, site design and orientation techniques which minimize energy use.

Policy 3.6.3: Encourage the incorporation of energy conservation measures in existing and new structures.

Policy 15.1.2: Cooperate with local water agencies to provide an adequate water supply system to meet the standards for domestic and emergency needs.

Policy 15.1.5: Ensure sufficient infrastructure is built and maintained to handle and treat wastewater discharge.

Policy 16.3.1: Promote development patterns which will minimize the costs of infrastructure development, public facilities development and municipal service cost delivery.

PC Staff Report
Tentative Tract Map No. 61920/ Zone Change No. 21-04
October 17, 2022

Policy 18.1.4: Encourage the long- term maintenance of new residential development.

Policy 18.2.2: Encourage appropriate development to locate so that municipal services can be efficiently provided.

Objective 19.2: Integrate new development with established land use patterns through quality infill to enhance overall community form and create a vibrant sense of place.

There are no goals, objectives, policies, or specific actions of the General Plan that would conflict with the proposed project. The proposed project would subdivide approximately 38.9 gross acres into 162 single-family residential lots. The subdivision would develop three parcels off of 55 th
Street West and Avenue K, most of which is vacant land.

Housing Element Consistency

Goal 6: To promote sufficient housing to meet the diverse housing needs of all economic segments of the present and future City of Lancaster.

The proposed project supports the goals and objectives of the City of Lancaster’s Housing Element.

Specifically, the Housing Element identifies objectives and policies to provide a variety of housing types to residents of the City and Antelope Valley as a whole. The proposed project would provide single family residences on lots ranging from 7,000 square feet to 13,101 square feet in area. This provides an additional housing choice for individuals.

Compliance with the Lancaster Municipal Code

The proposed project complies with the development standards for residential uses in the R-7,000 zone (proposed) as identified in Sections 17.08.060 and 17.08.070 of the Lancaster Municipal Code (LMC).

Compliance with the City of Lancaster Design Guidelines

The proposed project complies with the intent of Design Guidelines with respect to site design and layout for residential developments. Pedestrian connectivity is provided within the project site and along the project frontage. The elevations and floor plans for the proposed residential lots would be reviewed and approved prior to issuance of construction permits for compliance with the design guidelines. This would ensure quality design with 360- degree architecture which enhances the community’s image and quality of life.

Zone Change

The proposed project is for the subdivision of 162 single-family residential lots in the R-10,000 and R-15,000 zones with a proposal to change to the R-7,000 zone and is subject to development PC Staff Report
Tentative Tract Map No. 61920/ Zone Change No. 21-04
October 17, 2022

regulations under LMC Section 17.08.060.B (Table 3). Tables 2 and 3 identify the development standards for the current zones of the subject property.

Table 2: R-10,000 Development Standards

Site Specification Standard
Minimum Lot Size 10,000 square feet
Minimum Width 70 feet
Minimum Corner Lot Width 85 feet
Minimum Depth 100 feet

Table 2: R-15,000 Development Standards

Site Specification Standard
Minimum Lot Size 10,000 square feet
Minimum Width 70 feet
Minimum Corner Lot Width 85 feet
Minimum Depth 100 feet

The subject site is surrounded by single -family residential lots and vacant property. The General Plan designation would remain Urban Residential, but if approved, would need to conform with the R-7,000 standards shown below:

Table 4: R-7,000 Development Standards

Site Specification Standard
Minimum Lot Size 7,000 square feet
Minimum Width 60 feet
Minimum Corner Lot Width 75 feet
Minimum Depth 100 feet

With approval of the zone change, the proposed project would be compatible with the existing , adjacent land uses within the vicinity.

TENTATIVE MAP FINDINGS:

In order to grant a T TM, Section 16.08.110 of the Lancaster Municipal Code states that the Planning Commission must make all of the following findings:

PC Staff Report
Tentative Tract Map No. 61920/ Zone Change No. 21-04
October 17, 2022

A. The proposed subdivision is consistent with the general plan, any applicable specific plan, and is compatible with the general plan land uses, goals, objectives, policies, and specific actions specified in such plan

The proposed project is a residential subdivision consistent with the general plan land use designation of Urban Residential (UR) and with the policies, goals, objectives, and specific actions identified above. The proposed project is not located within the boundaries of a Specific Plan.

B. The design and improvement of the proposed subdivision is consistent with the general plan, any applicable specific plan, Title 17, and this title.

The proposed design and improvements of the proposed project are consistent with the General Plan land use designation of UR and the development standards identified in Sections 17.08.060 and 17.08.070 of the LMC. The proposed project is not located within the boundaries of a Specific Plan.

C. The site is physically suitable for the type and density of the development proposed.

The project site is physically suitable for the type and proposed density of development because adequate roadway capacity and infrastructure exist or can be provided to support the development.

D. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

The design of the subdivision and the proposed improvements would not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. All environmental impacts to biological resources associated with the proposed project would be less than significant with the incorporation of the identified mitigation measures and conditions of approval. Additionally, the developer would be required to pay the City’s biological impact fee , which is utilized to help conserve the biological resources found throughout the Antelope Valley.

E. The design of the subdivision or the type of improvements will not cause serious public health problems.

The design and improvement of the subdivision are not likely to cause serious public health problems as adequate sewer, and water systems will be provided to the proposed project. Additionally, all residences within the subdivision are required to have trash collection services in accordance with the City of Lancaster’s Waste Management franchise agreement.

PC Staff Report
Tentative Tract Map No. 61920/ Zone Change No. 21-04
October 17, 2022

F. The design or the types of improvements of the subdivision will not conflict with easements acquired by the public at large, for access through, or use of, property within the subdivision. The city may approve the map if alternate easements will be provided in accordance with Section 66474(g) of the Subdivision Map Act.

There are no known public easements or access across the subject property; therefore, the design of the subdivision will not conflict with public access. Any utility can be accommodated within the design of the proposed project.

G. The city's action will not have an adverse effect on the housing needs of the region and the city has balanced these needs against t he public service needs of its residents and available fiscal and environmental resources, in accordance with Section 66412.3 of the Subdivision Map Act.

The proposed subdivision would have a beneficial effect on the housing needs of the region because an additional 162 dwelling units could be provided. The proposed project would not adversely affect the economic health of the City as the infrastructure to support the proposed project, such as roadways and utility lines, currently exist in the vicinity of the project site and the maintenance of this infrastructure is already occurring.

H. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities.

The proposed project is not expected to have any significant impact on any future passive or natural heating or cooling opportunities. The proposed project has been designed to take advantage of heating and cooling opportunities to the extent feasible.

Additionally, the proposed project is required to comply with Title 24 , which includes requirements for solar energy.

ZONE CHANGE FINDINGS:

In order to grant a change of zone, Section 17.24.120 of the Lancaster Municipal Code states that the Planning Commission must make all of 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

Modified conditions warrant a revision in the zoning plan, as the proposed ZC is compatible with the existing land uses within the surrounding properties. Northwest of the proposed subject site are single-family homes and vacant lots which are zoned for single - family residential uses, consistent with the proposed zone change.

B. That a need for the proposed zone classification exists within such area or district; and

PC Staff Report
Tentative Tract Map No. 61920/ Zone Change No. 21-04
October 17, 2022

A need for the proposed zoning classification exists within the area to allow a greater variety of land uses on the subject site to serve the area. The proposed R-7,000 zone would allow for smaller lots and more residential units, which would be compatible with those lots and uses in the area.

C. That the particular property under consideration is a proper location for said zone classification within such area or district; and

The particular properties under consideration are a proper location for the R-7,000 zoning classification because it is compatible to the surrounding area. Single -family homes and land uses surround the subject sites. The zone change would be well-suited because it is on a major arterial across from single-family zoned properties.

D. That placement of the proposed zone at such location will be in the interest of public health, safety and general welfare and in conformity with good zoning practice.

Placement of the proposed zone at the location will be in the interest of public health, safety, and general welfare and in conformity with good zoning practice because it would be harmonious with the surrounding properties.

LEGAL NOTICE

A notice of Public Hearing was mailed to all property owners and occupants within a 500-foot radius of the project, posted in three places, posted on the subject property, and noticed in the Antelope Valley Press on October 7, 2022.

RECOMMENDATION

Adopt Resolution No. 22 -30 approving Tentative Tract Map (TTM) No. 61920 to allow for the subdivision of 38.9 gross acres into 162 single-family at the northeast corner of 55 th Street West
and Avenue K (Assessor Parcel Numbers: 3203-016-035, -036, - 037), adopting a Mitigated Negative Declaration, and recommending approval to City Council for Zone Change (ZC) No. 21- 04 to change the zoning from R-10,000 and R-15,000 to R-7,000.

Attachment:

A. Resolution No. 22-30
B. Aerial
RESOLUTION NO. 22-30

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF LANCASTER, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP (TTM) NO. 61920 TO ALLOW FOR
THE SUBDIVISION OF 38.9 GROSS ACRES INTO 16 2

SINGLE-FAMILY LOTS LOCATED AT THE NORTHEAST
CORNER OF 55 TH STREET WEST AND AVENUE K
(ASSESSOR PARCEL NUMBERS: 3203- 016-035, -036, -037),

ADOPTING A MITIGATED NEGATIVE DECLARATION, AND

RECOMMENDING APPROVAL TO CITY COUNCIL FOR
ZONE CHANGE (ZC) NO. 21 -04 FOR A CHANGE OF ZONE
FROM R-10,000 AND R-15,000 TO R-7,000.

WHEREAS, a Tentative Tract Map has been requested by United Civil, Inc (“Applicant”) to allow for the subdivision of 162 single-family residential lots on 38.9 gross acres located at the northeast corner of 55th Street West and Avenue K (APNs: 3203-016-035, -036, -037) in the R- 10,000 (single-family residential, minimum lot size 10,000 square feet) and R-15,000 (single- family residential, minimum lot size 15,000 square feet) zones; and

WHEREAS, a Zone Change has been requested by United Civil, Inc., for a change in zoning from R-10,000 and R-15,000 to R-7,000; and

WHEREAS, an application for the above-described Tentative Tract Map has been filed pursuant to Chapter 16.08, and of the Lancaster Municipal Code (“LMC”); and WHEREAS, an application for the above-described Zone Change has been filed pursuant to Chapter 17.24 of the Lancaster Municipal Code (“LMC”); and WHEREAS, staff has performed the necessary investigations to ensure the proposed division of land would be consistent with the purpose of the City’s Subdivision Ordinance, the State Subdivision Map Act, and regulations of the LMC, prepared a written report, and recommended approval of this Tentative Tract Map, subject to conditions; and WHEREAS, a notice of intention to consider granting of a Zone Change has been given as required by Chapter 17.24 of the LMC, and Section 65905 of the Government Code of the State of California; and
WHEREAS, public notice was published and given as required by law, and a public hearing was held on October 17, 2022; and
WHEREAS, the Planning Commission, after considering all evidence presented, desires to approve Applicant’s requested Tentative Tract Map; and

WHEREAS, the Planning Commission, after considering all evidence presented, desires to recommend approval to City Council for the Applicant’s requested Zone Change

DocuSign Envelope ID: A20A3415-9686-4ED8-AEB7-385212F1E5A2 PC Resolution No. 22-30
Tentative Tract Map No. 61920/ Zone Change No. 21-04
October 17, 2022

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
LANCASTER, DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS:

Section 1. That the foregoing Recitals are true, correct and a substantive part of this Resolution.

Section 2. That the Planning Commission hereby adopts the following finding pursuant to Section 16.08.110 of the LMC:
a. The proposed subdivision is consistent with the general plan, any applicable specific plan, and is compatible with the general plan land uses, goals, objectives, policies and specific actions specified in such plan.

b. The design and improvement of the proposed subdivision is consistent with the general plan, any applicable specific plan, Title 17, and this title.

c. The site is physically suitable for the type and density of the development proposed. d. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

e. The design of the subdivision or the type of improvements will not cause serious public health problems.

f. The design or the types of improvements of the subdivision will not conflict with easements acquired by the public at large, for access through, or use of, property within the subdivision. The City may approve the map if alternate easements will be provided in accordance with Section 66474(g) of the Subdivision Map Act.

g. The City's action will not have an adverse effect on the housing needs of the region and the City has balanced these needs against the public service needs of its residents and available fiscal and environmental resources, in accordance with Section 66412.3 of the Subdivision Map Act.

h. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities.

Section 3. That the Planning Commission hereby adopts the following Zone Change findings, pursuant to Section 17.24.120 of the LMC:
a. That modified conditions warrant a revision in the zoning plan as it pertains to the area or district under consideration; and

DocuSign Envelope ID: A20A3415-9686-4ED8-AEB7-385212F1E5A2 PC Resolution No. 22-30
Tentative Tract Map No. 61920/ Zone Change No. 21-04
October 17, 2022

b. That a need for the proposed zone classification exists within such area or district; and
c. That the particular property under consideration is a proper location for said zone classification within such area or district; and
d. That placement of the proposed zone at such location will be in the interest of public health, safety and general welfare and in conformity with good zoning practice.

Section 4. This Commission hereby finds the foregoing recitals are true, correct and a substantive part of this resolution.

Section 5. That the Planning Commission hereby certifies that it has reviewed and considered the information in the Mitigated Negative Declaration prepared for the proposed project in compliance with the California Environmental Quality (“CEQA”) (including its implementing regulations) prior to taking action. The Planning Commission hereby finds that the Initial Study determined that the proposed project could have a significant effect on the environment; however, there will not be a significant effect in this case with the implementation of the mitigation measures as detailed in the Mitigated Negative Declaration. The Planning Commission hereby finds, pursuant to Section 21082.1 of the Public Resources Code, that the Mitigated Negative Declaration prepared for the proposed project reflects the independent judgment of the City of Lancaster.

Section 6. That Community Development Division staff is hereby authorized and directed to prepare, execute, and file a Notice of Determination pursuant to CEQA (including its implementing guidelines).

Section 7. That the Planning Commission hereby adopts the Mitigation Monitoring and Reporting Program included in the Mitigated Negative Declaration.

Section 8. That the Planning Commission hereby approves Tentative Tract Map No. 61920 and recommends approval to City Council for Zone Change No. 21-04, subject to the conditions attached hereto and incorporated herein.

PASSED, APPROVED and ADOPTED this 17th day of October 2022, by the following vote:

AYES: Vose, Harvey, Birden, Derryberry, Tufts, and Underwood.

NOES:

ABSTAIN:

RECUSED:

DocuSign Envelope ID: A20A3415-9686-4ED8-AEB7-385212F1E5A2 PC Resolution No. 22-30
Tentative Tract Map No. 61920/ Zone Change No. 21-04
October 17, 2022

ABSENT: Moore.

JAMES D. VOSE, Chairman
Lancaster Planning Commission

ATTEST:

LARISSA DE LA CRUZ, Senior Manager – Community Development City of Lancaster

Attachments:

A. Conditions List
B. Mitigation Monitoring and Reporting Program

DocuSign Envelope ID: A20A3415-9686-4ED8-AEB7-385212F1E5A2

ATTACHMENT TO PC RESOLUTION NO. 22-30
TENTATIVE TRACT MAP NO. 61920
ZONE CHANGE NO. 21-04

CONDITIONS LIST
October 17, 2022

GENERAL CONDITIONS

1. Unless otherwise indicated herein, the development of the site shall be in substantial conformance with approved site plans on file in the Community Development Division.

2. The approval of this tentative map shall expire 24 months from the date of conditional approval. The subdivider may file for three one -year extensions of the conditionally approved map prior to the date of expiration. If such extension is requested, it must be filed no later than 60 days prior to expiration.

3. The subdivider/applicant shall defend, indemnify, and hold harmless the City , its elected officials, officers, employees and representatives from any claim, action, or proceeding against the City or its elected officials, officers, employees and representatives to attack, set aside, void, or annul, an approval of the City concerning this subdivision, which action is brought within the time period provided for in Section 66499.37 of the Subdivision Map Act, or an approval of the City concerning this site plan review and the use(s) and development permitted by its approval. The City shall promptly notify the subdivider of any claim, action, or proceeding and shall cooperate fully in the defense; this condition shall not be imposed if the City fails to promptly notify the subdivider or fails to cooperate fully in the defense.

4. If the map is to be recorded in phases, the subdivider shall submit a phasing plan and phasing condition/mitigation measure matrix to the Community Development Division for approval thirty (30) days prior to filing the final map of the first phase.

5. All requirements of the Municipal Code and the specific zoning of the subject property must be complied with unless otherwise set forth in the permit or shown on the approved site plan.

6. The applicant is advised that details shown on the tentative map are not necessarily approved. Any details which are inconsistent with requirements of ordinances, general conditions of approval, or City policies must be specifically approved by the City in writing.

7. The applicant shall contact the Los Angeles County Fire Department to determine the improvements that may be required to protect the property from fire hazards and shall provide and install at their expense such improvements as may be deemed necessary by the Los Angeles County Fire Department. Fire protection improvements shall be completed to the satisfaction of the Development Services Director prior to certification of c ompletion and occupancy of the subject buildings.

8. The following items/plans shall be submitted to the Development Services Department, which shall route them to the Community Development Division for concurrent review and approval prior to issuance of permits:
a. Lighting Plan
b. Building Plan
c. Grading Plan
d. Landscape Plan

9. All necessary permits shall be obtained from the Development Services Department prior to any construction, remodeling, or replacement of buildings or other structures.

10. Prior to building permit issuance, the applicant shall pay all applicable development fees including, but not limited to, the following: 1) Los Angeles County Sanitation District Sewer Connection Fee; 2) Interim School Facilities Financing Fee; 3) Traffic Signal Fee; 4) Planned Local Drainage Facilities fee; 5) Dwelling Unit Fee; 6) Traffic Impact Fees; 7) Urban Structure Program Fee (Park Development Fee, Administrative Office Fee, Corporate Yard Fee, and Operations Impact Fee, etc.); and 8) Landscape Fee.

11. If any provision of this permit is held or declared to be invalid, the permit shall be void, and the privileges granted hereunder shall lapse.

12. It is further declared and made a condition of this permit that if any condition hereof is violated, or if any law, statute, or ordinance is violated, the permit shall be suspended and the privileges granted hereunder shall lapse provided that the applicant has been given written notice to cease such violation and has failed to do so within the time period set forth in the notice.

13. Prior to building/grading permit issuance, whichever comes first, the applicant shall submit a geotechnical report as detailed in Chapter 18 of the latest edition of the California Building Code and as required by the Development Services Department. The geotechnical report shall be completed in accordance with the County of Los Angeles, Department of Public Work, Manual for Preparation of Geotechnical Reports.

14. All construction and/or installation of improvements shall be underta ken to the specification of the Lancaster Municipal Code.

15. Prior to occupancy of any buildings or structures, the permittee shall request, no less than forty-eight (48) hours in advance, that on- site inspection be made by the Community Development Division to verify that development of the property has occurred in conformity with conditions as enumerated in this permit.

16. The applicant shall be responsible for notifying the Community Development Division in writing of any change in ownership, designation of a new engineer, or change in the status of the developer, within thirty (30) days of said change.

17. An encroachment permit shall be obtained from the Development Services Department prior to doing any work within the public right-of-way.

18. Prior to final map recordation, the subdivider shall be required to install distribution lines and individual service lines for appropriate cable television systems to each parcel in the subdivision.

19. Prior to permit issuance, the applicant by agreement with the Development Services Director, may guarantee installation of improvements as determined by the Development Services Director through faithful performance bonds, letters of credit, or any other acceptable means acceptable to the Development Services Director, Finance Director, and/or City Attorney.

FEES, ASSESSMENTS, AND ANNEXATIONS

20. Prior to recordation of the final map and/or building occupancy, the property shall be annexed into the Lancaster Drainage Maintenance District.

21. Prior to recordation of the final map and/or building occupancy, the property shall be annexed into the Lancaster Lighting Maintenance District.

22. Prior to recordation of the final map and/or building occupancy, the property shall be annexed into the Lancaster Landscape Maintenance District.

23. The applicant is hereby advised that this project is subject to 1st year’s assessment fees for the following maintenance districts, as applicable, prior issuance of any related permits (grading, building, sewer, etc.): 1) Lancaster Drainage Maintenance District, 2) Lancaster Lighting Maintenance District, 3) Lancaster Landscape Maintenance District, and 4) Lancaster Sewer Maintenance District.

24. Prior to recordation of final map and/or building occupancy, the project shal l be annexed to City of Lancaster CFD No. 2021-1 (Public Services).

COMMUNITY DEVELOPMENT

25. The applicant is hereby advised that the use of any signs, strings of pennants, banners or streamers, clusters of flags and similar attention -getting devices are prohibited, except where there has been prior written approval from the Community Development Division.

26. Prior to issuance of grading permit s, the applicant shall receive approval from the Los Angeles County Fire Department.

27. All elevations and floor plans for residential subdivisions shall be subject to approval of the Community Development Division to ensure that they are compatible with the established architectural design guidelines. This includes, but is not limited to, architectural style, color, exterior materials, material and type of walls. The applicant shall provide 360- degree architectural treatments for all proposed buildings.

28. Prior to occupancy, construct a masonry wall along the perimeter of the subdivision where a rear, side, or street side yard abuts other property, or is adjacent to a street, in accordance with Section 17.28.030.C of the Municipal Code; color and design to be specifically approved by the Community Development Manager. If the project is developed in phases, a masonry wall must be provided around the perimeter of each recorded phase in accordance with this condition prior to occupancy of any units in that phase. The requirement for perimeter walls may be waived or modified by the Community Development Manager in order to prevent the creation of double walls where an adequate wall which would meet the intent of this condition is already in existence, or where there will be continuous work in progress on adjacent phases. All walls required by this condition shall meet the structural re quirements of the City of Lancaster as specified by the Development Services Director.

CAPITAL ENGINEERING
General Advisory

29. Provide at least 40 feet of frontage at the property line and approximately radial lot lines for all lots fronting on the cul-de-sacs or knuckles.

Streets

30. Provide letter(s) of slope easement(s) as directed by the Development Services Director.

31. Prior to building occupancy, the applicant shall repair or replace any broken, damaged, and/or non- ADA compliant pavement, curb, gutter, and sidewalk on streets within or abutting the project to street centerline to the satisfaction of the Development Services Director.

32. The applicant shall comply with City Municipal Code, Chapter 13.20, Article II, entitled Installation/Relocation for New/Expanded Development of Overhead Utilities as directed by the Development Services Director. (Ordinance No. 361)

33. The proposed project shall comply with the City of Lancaster Holiday Moratorium Policy.

No excavation or work shall occur within the public right -of-way on Primary Arterials, Secondary Arterials, and Collector Streets between November 15th to January 2nd, except work pertaining to public safety or with the written permission of the City Manager. Work commenced prior to the restriction period must be in such a condition that it will be resurfaced prior to November 15th.

Drainage/Grading

34. Prior to final map approval, grading permit issuance, and/or storm drain permit issuance, the applicant shall acquire and dedicate all required easements for drainage improvements

as identified in the final hydrology/hydraulic report on the Tract Map or by separate instrument. All right-of-way dedications will be to the satisfaction of the City Engineer.

35. Provide for contributory drainage from adjoining properties and return drainage to its natural conditions or secure off -site drainage acceptance letters from affected property owners.

36. Prior to issuance of a grading permit, the applicant shall submit a grading plan consistent with the approved site plan and conditions of approval. The grading plan shall be based on an approved drainage area study and hydrology/hydraulic report, detailed recent topographic survey, and a detailed engineering soils report specifically approved by the geologist and/or soils engineer that addresses all submitted recommendations.

37. Prior to final map approval or grading permit issuance, whichever comes first, the applicant shall obtain approval of the final hydrology/hydraulic study. The final drainage facilities shall be based on the approved hydrology/hydraulic study and will be designed based on the City of Lancaster Engineering Design Guidelines Policies and Procedures Sections 2.7 and 3, and/or to the satisfaction of the Development Services Director. Any on-site and/or off-site mitigation measures required by the approved hydrology/hydraulic study shall be constructed prior to first occupancy.

38. Prior to building occupancy, all drainage facilities and streets with secondary overflow are to be constructed and approved prior to occupancy of any structure within the project to the satisfaction of the Development Services Director.

39. Prior to first occupancy, the applicant shall design and construct an on-site drainage basin or underground retention or other approved drainage solution as warranted to mitigate the developed runoff volume per an approved hydrology study to the satisfaction of the Development Services Director.

40. Prior to final map approval or grading permit issuance, the streets shall be designed to avoid creating sump conditions to the satisfaction of the Development Services Director.

If a sump condition is unavoidable, design streets so that secondary overflow is through the streets and, as needed, design and install redundant drainage systems (ie additional storm drain line and catch basin systems). Secondary overland overflow shall not be allowed through lot easements. Secondary overland overflow shall be allowed through fee title dedicated drainage paths, paseos or other pedestrian walkways and passageways.

41. The project shall comply with the Best Management Practices (BMPs) of the National Pollutant Discharge Elimination System (NPDES) and all NPDES Permit Requirements.

42. Prior to building occupancy, install BMPs to treat first flush.

43. Prior to issuance of any construction related permits (grading, building, etc.), a Dust Control Plan shall be prepared and submitted to the Antelope Valley Air Quality

Management District (AVAQMD) in accordance with Rule 403 of the AVAQMD. An approved copy of the Dust Control Plan shall be submitted to the Development Services Department for residential projects of 10 acres and larger and for commercial/industri al projects of 5 acres and larger. In lieu of an approved plan, a letter from the AVAQMD waiving this requirement shall be submitted.

44. Prior to commencing hauling operations for this project, the applicant shall obtain a hauling permit for an import/export of > 100 CY of hauling material to/from the project within the public right-of-way including the export/receiving site and an exhibit of the proposed haul route. The applicant is responsible to obtain approval from all applicable agencies for the material hauling operation. The designated haul route shall be designed to the requirements of the City of Lancaster Design Guidelines, Standards, and Municipal Code and to the satisfaction of the Development Services Director.
a. The applicant shall comply with the following requirements for the material hauling operation:
i. The hours of operation shall be approved by the Development Services Director.
ii. Provide non-stop street sweeping service on all City streets along the haul route during all hours of work to the satisfaction of the Development Services Director.
iii. Provide traffic control and flagging personnel along the haul route to the satisfaction of the Development Services Director.
iv. When required by the Development Services Director, the applicant shall post a security to serve as surety of repair in the event facilities within the City right-of-way are adversely impacted by the hauling operations. b. Prior to building occupancy/release of security, the applicant shall repair any pavement damaged by the material hauling operation to the satisfaction of the Development Services Director. The security will not be reduced or released or building occupancy given until the completion of the repair work. The limits of the road repairs shall be consistent with the approved haul route and determined by the Development Services Director.

Sewer

45. Prior to issuance of a sewer plan/lateral connection approval, and/or sewer encroachment permit issuance, the applicant shall submit a public sewer plan consistent with the approved site plan and conditions of approval. The sewer plan shall be based on an approved Sewer Area Study.

46. Prior to sewer plan/lateral connection approval, and/or sewer encroachment permit issuance, the applicant shall submit a private sewer plan for private to public standard, minimum grades of sewer main to be per Section 2.4.9.4 of the Engineering Design

Guidelines, consistent with the approved site plan and conditions of approval. The sewer plan shall be based on an approved Sewer Area Study.

47. Prior to final map approval, sewer plan/lateral connection approval, and/or sewer encroachment permit issuance, whichever comes first, the applicant shall obtain approval of the final sewer area study. The final sewer facilities shall be based on the approved sewer area study and will be designed based on the City of Lancaster Engineering Design Guidelines Policies and Procedures Section 2.4, and/or to the satisfaction of the Development Services Director. Any on-site and/or off-site mitigation measures required by the approved sewer area study shall be constructed prior to first occupancy.

48. Per the direction of the Development Services Director, provide a sewer area study prior to submittal of the final map.

49. Prior to building occupancy, approval of this project is contingent upon the installation and dedication of local main line sewers and separate laterals to serve each structure at such time as the permanent structures are constructed on the site.

50. Prior to sewer plan approval, the streets shall be designed to avoid creating sump conditions to the satisfaction of the Development Services Director. Local main line sewers shall not be allowed through lot easements. Local main line sewers shall be allowed through fee title dedicated drainage paths, paseos or other pedestrian walkways and passageways.

Water

51. The project shall be served by adequately sized water system facilities, including fire hydrants, of sufficient size to accommodate the total domestic and fire flows required for the land division. Domestic flows required are to be determined by the Development Services Director. Fire flows required are to be determined by the Fire Chief.

52. There shall also be filed with this project a statement from the water purveyor indicating that water service shall be provided to each lot and that the proposed water mains and any other required facilities will be operated by the purveyor and that under normal operating conditions the system will meet requirements for the land division.

53. Per the direction of the Community Development Manager and the Development Services Director, the applicant shall be required to comply with all Ordinances in effect at the time of project construction to address the balance of water supply to water demand.

54. In order to obtain a conditional will -serve letter, the Project applicant must se cure permanent water supply entitlements sufficient to meet the Project’s annual water demands as determined by the Los Angeles County Waterworks District 40 (District). This entitlement may be secured through entering an agreement with the District to pur chase new State Water Project Table A or other permanent water supply through the Antelope Valley-East Kern Water Agency.

55. In addition to the condition above, the District may require that: (1) various charges/fees be paid by the owner/developer of the property; (2) on- site and off -site water system facilities be installed by a State licensed contractor retained by the owner/developer, and inspected and accepted by the District, using plans prepared by a licensed engineer that are reviewed by the District; or (3) a combination of (1) and (2). Once constructed to the satisfaction of the District, the water system facilities are to be dedicated gratis to the District for subsequent operation and maintenance.

Landscaping

56. Prior to landscape encroachment permit , landscape plans shall be prepared in accordance with Ordinance No. 107 0 and submitted to the Development Engineering Section of Development Services Department, along with required plan check fees, for review and approval prior to the installation of landscaping or irrigation systems. Such plans are to be incorporated into development of the site and shall show size, type, and location of all plants, trees, and irrigation facilities.

57. Prior to Tract Map approval, the applicant shall dedicate landscape easements fronting the project site, as directed by the City Engineer.

58. Prior to building occupancy, provide landscape easement and maintenance district along primary and secondary arterials, in accordance with City policy. The irrigation system, landscape plan, and plant materials are subject to approval by the Development Services Director. The construction materials, color, and design of the decorative (i.e. slump stone, split faced with brick pilasters, and decorative brick cap) masonry wall abutting the landscape maintenance district and entry street is subject to approval of the Community Development Manager. The irrigation and plant materials shall be installed and completed to the satisfaction of the Development Services Director prior to occupancy of any residence within the development.

59. Prior to building occupancy, developer shall install a “purple pipe” irrigation system in all landscape maintenance districts to provide for future connection to a recycled water system to the satisfaction of the Development Services Director.

Other

60. The applicant shall pay a fee to the City of Lancaster in the sum of $770.00 per gross acre, to be held in the biological mitigation fund as established by the City Council. Payment of said fee shall occur prior to Final Map for Parcel/Tract Maps and prior to or concurrent with the approval of a grading permit for all other projects. Additionally, should the applicant be required to pay mitigation fees under the California Department of Fish and Wildlife, these fees can be deducted from the amount collected by the City of Lancaster.

61. Prior to first issuance of building permit and final map approval, the applicant shall record a covenant for easement and/or a reciprocal access easement and maintenance agreement for all shared driveways and drive isles, private drainage devices, and common landscaping maintenance areas, within the project site and along the property frontage as directed by

the Development Services Director. This condition may be satisfied by incorporating the appropriate provisions into the CC&Rs.

62. Prior to final map approval, the applicant is required to grant public utility easements shown on the Tract Map and/or listed in conditions by separate document. The easements shall be reviewed and approved by the Development Services Director.

63. Prior to first issuance of building permit and final map approval, the applicant shall obtain approval from the Development Services Director and the City Attorney for Covenants, Conditions, and Restrictions (CC&Rs) for this development. The applicant shall reimburse the City for the City Attorney’s review fee. The CC&Rs shall grant the City the authority to review and approve/disapprove amendments (including dissolution) of the CC&Rs/association. The CC&Rs shall grant the City the right (though not the obligation) to enforce the CC&Rs (at a minimum those provisions related to City-required items).

64. Prior to first issuance of building permit, the applicant shall establish a Property/Home Owners’ Association (POA/HOA), or similar entity, to ensure the continued maintenance of all shared/common lots, including the park, private drainage devices, all shared driveways and drive isles, and common landscaping maintenance areas.

65. Prior to final map submittal, applicant shall perform a new detailed boundary survey in the surrounding quarter section showing current monumentation and measurements affecting the subject property.

TRAFFIC ENGINEERING
Required Traffic Improvement Plans

66. Prior to issuance of the street improvement encroachment permit, the applicant shall obtain approval of a signing and striping plan. The signing and striping plan shall be completed in accordance with all City of Lancaster standards, as directed by the City Engineer.

67. Prior to issuance of the street improvement encroachment permit, the applicant shall obtain approval of temporary traffic control plan and allowable working hours, as directed by the City Engineer.

Street Right-of-Way Requirements

68. Prior to Tract Map approval, the applicant shall dedicate additional street right-of-way for a total of 56 feet from centerline on Avenue K fronting the project site, as directed by the City Engineer.

69. Prior to Tract Map approval, the applicant shall dedicate additional street right-of-way for a total of 42 feet from centerline on 55 th Street West fronting the project site, as directed by the City Engineer.

70. Prior to Tract Map approval, the applicant shall dedicate street right -of-way for a total of 30 feet from centerline on 52nd Street West fronting the project site, as directed by the City Engineer.

71. Prior to Tract Map approval, the applicant shall dedicate street right -of-way for a total of 30 feet from centerline on Avenue J -12 fronting the project site, as directed by the City Engineer.

72. Prior to Tract Map approval, the applicant shall dedicate and/or acquire additional street right-of-way for a total of 12 feet north of the centerline on Avenue J-12 fronting the project site between 55th Street West and “D” Street, as directed by the City Engineer.

73. Prior to Tract Map approval, the applicant shall dedicate and/or acquire additional street right-of-way for a total of 12 feet east of the centerline on 52 nd Street West fronting the
project site between Avenue K and “G” Street, as directed by the City Engineer.

74. Prior to Tract Map approval, the applicant shall dedicate a corner cutoff at all intersections, as defined in the City of Lancaster Engineering Design Guidelines (Sections 2.2.10.6.1 and

2.2.10.6.2).

Street Improvements

75. Prior to building occupancy, the applicant shall construct the following street improvements within/along the frontage of the project site, as directed by t he City Engineer:

Street Name Curb &
Gutter
Base &
Paving
Street
Lights
Street
Trees
Sidewalk
(5’min)
Raised
Median
Curb-
Delineated
Median
Class II Bike
Lanes
LMD
Easement
Avenue K X X X X X X X X
55th Street West X X X X X X X
52nd Street West X X X X X
Avenue J-12 X X X X X
“A” thru “J”
Streets X X X X X

76. The following private streets shall be constructed to public street standards:
a. “A” thru “J” Streets

77. Prior to building occupancy, the applicant shall construct additional pavement as required to transition to the existing pavement in accordance with City Design Guidelines (Section

2.2.10.24), to the satisfaction of the City Engineer.

78. Prior to building occupancy, the applicant shall install conduit, pull rope, and pull boxes along regional, primary and secondary arterials to the nearest arterial intersection to be used for future Traffic Signal Communication Interconnect. The interconnect system shall be installed in accordance with the specifications approved by the Traffic Section, to the satisfaction of the City Engineer.

79. Prior to occupancy, the applicant shall design and construct City owned and maintained street lighting systems. Street lighting system shall be designed using an LS -3 rate schedule unless the new lights can be conne cted to an existing LS-2 rate schedule system and Southern California Edison will not require the installation of a pedestal. The Developer’s engineer shall prepare all plans necessary to build said street lighting system in accordance with Southern California Edison and City of Lancaster standards.

80. Prior to Tract Map approval, the applicant shall dedicate a total of 4’ along Avenue K as a Landscape Maintenance District easement.

81. Prior to Tract Map approval, the applicant shall dedicate a total of 4’ along 55 th Street West
as a Landscape Maintenance District easement.

82. Prior to building occupancy, the applicant shall construct pedestrian safety improvements throughout the project, to the satisfaction of the City Engineer.

Driveway Requirements

83. Prior to Tract Map approval, the applicant shall dedicate the right to restrict direct vehicular ingress and egress on all streets having a projected volume of 2,000 vehicle trips each day and within 100 feet of any secondary or primary arterial, on the Tract Map or by separate document.

Intersection Improvements

84. Prior to building occupancy, the applicant shall provide and install street name signs, as directed by the City Engineer.

Fee Requirements

85. Prior to site plan approval, the applicant shall pay all Local Transportation Assessment review fees as outlined in the City’s most current Fee Schedule.

UTILITY SERVICES

86. Sewer and Strom Drain manhole covers are to be 30” Pamrex or equivalent and labeled “City of Lancaster”, either “Sewer” or “Storm Drain”.

87. Catch Basin opening 6” or greater with a protection bar per APWA STD plan 310-3.

ENVIRONMENTAL

88. Prior to ground disturbance activities, the project operator shall provide evidence to the Development Services Director that the project operator and/or construction manager has developed a “Valley Fever Training Handout”, training, and schedule of sessions for education to be provided to all construction personnel. All evidence of the training session materials, handout(s) and schedule shall be submitted to the Development Services Director within 24 hours of the first training session. Multiple training sessions may be conducted if different work crews will come to the site for different stages of construction; however, all construction personnel shall be provided training prior to beginning work. The evidence submitted to the Development Services Director regarding the “Valley Fever Training Handout” and Session(s) shall include the following:
• A sign-in sheet (to include the printed employee names, signature, and date) for all employees who attended the training session.
• Distribution of a written flier or brochure that includes educational information regarding the health effects of exposure to criteria pollutant emissions and Valley Fever.
• Training on methods that may help prevent Valley Fever infection. • A demonstration to employees on how to use personal protective equipment, such as respiratory equipment (masks), to reduce exposure to pollutants and facilitate recognition of symptoms and earlier treatment of Valley Fever. Where respirators are required, the equipment shall be readily available and shall be provided to employees for use during work. Proof that the demonstration is included in the training shall be submitted to the county. This proof can be via printed training materials/agenda, DVD, digital media files, or photographs.

The p roject operator also shall consult with the Los Angeles County Public Health to develop a Valley Fever Dust Management Plan that addresses the potential presence of the Coccidioides spore and mitigates for the potential for Coccidioidomycosis (Valley Fever). Prior to issuance of permits, the project operator shall submit the Plan to the Los Angeles County Public Health for review and comment. The Plan shall include a program to evaluate the potential for exposure to Valley Fever from construction activities and to identify appropriate safety procedures that shall be implemented, as needed, to minimize personnel and public exposure to potential Coccidioides spores.

Measures in the Plan shall include the following:
• Provide HEP-filters for heavy equipment equipped with factory enclosed cabs capable of accepting the filters. Cause contractors utilizing applicable heavy equipment to furnish proof of worker training on proper use of applicable heavy equipment cabs, such as turning on air conditioning prior to using the equipment. • Provide communication methods, such as two-way radios, for use in enclosed cabs.
• Require National Institute for Occupational Safety and Health (NIOSH)-approved

half-face respirators equipped with minimum N-95 protection factor for use during worker collocation with surface disturbance activities, as required per the hazard assessment process.
• Cause employees to be medically evaluated, fit-tested, and properly trained on the use of the respirators, and implement a full respiratory protection program in accordance with the applicable Cal/OSHA Respiratory Protection Standard (8 CCR 5144).
• Provide separate, clean eating areas with hand-washing facilities. • Install equipment inspection stations at each construction equipment access/egress point. Examine construction vehicles and equipment for excess soil material and clean, as necessary, before equipment is moved off-site. • Train workers to recognize the symptoms of Valley Fever, and to promptly report suspected symptoms of work-related Valley Fever to a supervisor. • Work with a medical professional to develop a protocol to medically evaluate employees who develop symptoms of Valley Fever.
• Work with a medical professional, in consultation with the Los Angeles County Public Health, to develop an educational handout for on-site workers and surrounding residents within three miles of the project site, and include the following information on Valley Fever: what are the potential sources/ causes, what are the common symptoms, what are the options or remedies available should someone be experiencing these symptoms, and where testing for exposure is available. Prior to construction permit issuance, this handout shall have been created by the project operator and reviewed by the project operator and reviewed by the Development Services Director. No less than 30 days prior to any work commencing, this handout shall be mailed to all existing residences within a specified radius of the project boundaries as determined by the Development Services Director.

The radius shall not exceed three miles and is dependent upon the location of the project site.
• When possible, position workers upwind or crosswind when digging a trench or performing other soil-disturbing tasks.
• Prohibit smoking at the worksite outside of designated smoking areas; designated smoking areas will be equipped with handwashing facilities. • Post warnings on-site and consider limiting access to visitors, especially those without adequate training and respiratory protection.
• Audit and enforce compliance with relevant Cal OSHA health and safety standards on the job site.

89. No burrowing owls were identified on the project site; however, it is possible that they could occupy the site prior to the start of construction. Burrowing owl protocol surveys shall be conducted on the project site in accordance with the procedures established by the California Department of Fish and Wildlife prior to the start of construction/ground

disturbing activities. If burrowing owls are identified using the project site during the surveys, the applicant shall contact the California Department of Fish and Wildlife (CDFW) and appropriate mitigation/management procedures shall be followed. At a minimum, the following shall occur:
• If burrowing owls are identified during the non-nesting season, a qualified biologist shall install one-way gates to relocate the owl to a suitable nearby property. Upon confirmation that the burrow is empty, the burrowing shall be collapsed.

• In the event that a breeding pair or female owl with offspring are present at a burrow, a buffer zone of at least 50 feet shall be established around the burrow until the offspring have fledged and left the burrow. No work shall occur within the buffer zone. The specific buffer zone shall be established in coordination with CDFW.

90. A nesting survey shall be conducted within 30 days prior to the start of construction/ground disturbing activities. If nesting birds are encountered, all work shall cease until either the young birds have fledged or the appropriate permits are obtained from the California Department of Fish and Wildlife (CDFW). If a ctive bird nests are identified using the project site during the survey, the applicant shall contact the California Department of Fish and Wildlife to determine the appropriate mitigation/management requirements. Impact to nests will be avoided by delay of work or establishing a buffer of 500 feet around active raptor nests and 50 feet around other migratory bird species nests.

91. The applicant shall retain a professional Native American monitor procured by the Fernandeño Tataviam Band of Mission Indians to observe all clearing, grubbing, and grading operations within the proposed impact areas. If cultural resources are encountered, the Native American monitor will have the authority to request that ground- disturbing activities cease within 60 feet of discov ery to assess and document potential finds in real time. One monitor will be required on- site for all ground- disturbing activities in areas designated through additional consultation. However, if ground-disturbing activities occur in more than one of the designated monitoring areas at the same time, then the parties can mutually agree to an additional monitor, to ensure that simultaneously occurring ground- disturbing activities receive thorough levels of monitoring coverage.

92. In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60 -foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall assess the find. Work on the portions of the project outside of the buffered area may continue during this assessment period. Additionally, the Yuhaaviatam of San Manuel Nation (YSMN) Cultural Resources Department shall be contacted regarding any pre -contact and/or post -contact/historic era finds and be provided information after the archaeologist makes their initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment.

93. The applicant shall, in good faith, consult with the Fernandeño Tataviam Band of Mission Indians on the disposition and treatment of any Tribal Cultural Resource encountered during all ground disturbing activities.

94. If humans or funerary objects are encountered during any construction activities associated with the proposed project, work within 100-foot buffer shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code Section 7050.5.

95. If significant pre -contact and/or historic -era cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to YSMN for review and comment, as detailed within TCR -1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly.

96. The Yuhaaviatam of San Manuel Nation Cultural Resources Department (YSMN) shall be contacted of any pre- contact and/or historic - era cultural resources discovered during project implementation, and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a cultural resources Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with YSMN, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents YSMN for the remainder of the project, should SMBMI elect to place a monitor on-site.

97. Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to YSMN. The Lead Agency and/or applicant shall, in good faith, consult with YSMN throughout the life of the project.

98. The applicant shall submit the required Construction Excavation Fee to the Antelope Valley Air Quality Management District (AVAQMD) prior to the issuance of any grading and/or construction permits. This includes compliance with all prerequisites outlined in District Rule 403, Fugitive Dust, including submission and approval of a Dust Control Plan, installation of signage and the completion of a successful onsite compli ance inspection by an AVAQMD field inspector. Proof of compliance shall be submitted to the City.

99. A Phase II investigation shall be conducted on the project site to determine the presence or absence of elevated agricultural chemicals. If elevated levels of these chemicals are identified above regulatory levels for residential uses, the site shall be remediated in accordance with the recommendations of the report and all applicable regulations prior to the issuance of any construction related permits.

100. The trash and debris located on the southwestern side of the subject property should be removed for proper off -site disposal in accordance with applicable regulations. Proof of proper disposal shall be provided to the City of Lancaster. 101. Construction operations shall not occur between 8 p.m. and 7 a.m. on weekdays or Saturday or at any time on Sunday. The hours of any construction-related activities shall be restricted to periods and days permitted by local ordinance.
102. The on-site construction supervisor shall have the responsibility and authority to receive and resolve noise complaints. A clear appeal process to the owner shall be established prior to construction commencement that will allow for resolution of noise problems that cannot be immediately solved by the site supervisor. 103. Electrically powered equipment shall be used instead of pneumatic or internal combustion powered equipment, where feasible.
104. Material stockpiles and mobile equipment staging, parking and maintenance areas shall be located as far away as practicable from noise-sensitive receptors. 105. The use of noise producing signals, including horns, whistles, alarms, and bells shall be for safety warning purposes only.
106. No project-related public address or music system shall be audible at any adjacent receptor.
107. All noise producing construction equipment and vehicles using internal combustion engines shall be equipped with mufflers, air-inlet silencers where appropriate, and any other shrouds, shields, or other noise-reducing features in good operating condition that meet or exceed original factor specifications. Mobile or fixed "package" equipment (e.g., arc-welders, air compressors, etc.) shall be equipped with shrouds and noise control features that are readily available for the type of equipment.

MITIGATION MONITORING AND REPORTING PROGRAM (Attachment A) TTM No.61920/ZC No. 21-04

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Cond.

No.

Mitigation Measure/
Conditions of Approval
Monitoring Milestone
(Frequency)
Method of
Verification
Party Responsible
for Monitoring

VERIFICATION OF COMPLIANCE
Initials Date Remarks

AIR QUALITY

1. Prior to ground disturbance activities, the project operator shall provide evidence to the
Development Services Director that the project
operator and/or construction manager has
developed a “Valley Fever Training Handout”, training,
and schedule of sessions for education to be
provided to all construction personnel. All evidence
of the training session materials, handout(s) and
schedule shall be submitted to the Development
Services Director within 24 hours of the first training session. Multiple training sessions may be
conducted if different work crews will come to the site for different stages of construction; however, all
construction personnel shall be provided training
prior to beginning work. The evidence submitted to
the Development Services Director regarding the
“Valley Fever Training Handout” and Session(s) shall
include the following:
• A sign-in sheet (to include the printed
employee names, signature, and date)
for all employees who attended the
training session.
• Distribution of a written flier or
brochure that includes educational
information regarding the health effects
of exposure to criteria pollutant
emissions and Valley Fever.
• Training on methods that may help
Prior to the final
approval of grading plan,
issuance of stockpile or
construction permit, or
any ground disturbing
activities.

Submittal of training
materials, sign-in
sheets, and LA
County Department of
Public Health
reviewed plan.

Development Services
Department, Community
Development Division,
and LA County
Department of Public
Health

MITIGATION MONITORING AND REPORTING PROGRAM (Attachment A) TTM No.61920/ZC No. 21-04

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for Monitoring

VERIFICATION OF COMPLIANCE
Initials Date Remarks
prevent Valley Fever infection.
• A demonstration to employees on how to
use personal protective equipment, such
as respiratory equipment (masks), to
reduce exposure to pollutants and
facilitate recognition of symptoms and
earlier treatment of Valley Fever. Where
respirators are required, the equipment
shall be readily available and shall be
provided to employees for use during
work. Proof that the demonstration is
included in the training shall be
submitted to the county. This proof can
be via printed training materials/agenda,
DVD, digital media files, or photographs.

The project operator also shall consult with the Los
Angeles County Department of Public Health to
develop a Valley Fever Dust Management Plan
that addresses the potential presence of the
Coccidioides spore and mitigates for the potential for
Coccidioidomycosis (Valley Fever). Prior to
issuance of permits, the project operator shall
submit the Plan to the Los Angeles County
Department of Public Health for review and
comment. The Plan shall include a program to
evaluate the potential for exposure to Valley Fever
from construction activities and to identify appropriate safety procedures that shall be implemented, as
needed, to minimize personnel and public
exposure to potential Coccidioides spores.

Measures in the Plan shall include the following:

MITIGATION MONITORING AND REPORTING PROGRAM (Attachment A) TTM No.61920/ZC No. 21-04

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Conditions of Approval
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for Monitoring

VERIFICATION OF COMPLIANCE
Initials Date Remarks
• Provide HEP-filters for heavy equipment
equipped with factory enclosed cabs
capable of accepting the filters. Cause
contractors utilizing applicable heavy
equipment to furnish proof of worker
training on proper use of applicable
heavy equipment cabs, such as turning
on air conditioning prior to using the
equipment.
• Provide communication methods, such as
two-way radios, for use in enclosed cabs.
• Require National Institute for Occupational
Safety and Health (NIOSH)-approved half-
face respirators equipped with minimum N-
95 protection factor for use during worker
collocation with surface disturbance
activities, as required per the hazard
assessment process.
• Cause employees to be medically
evaluated, fit-tested, and properly trained
on the use of the respirators, and
implement a full respiratory protection
program in accordance with the
applicable Cal/OSHA Respiratory
Protection Standard (8 CCR 5144).
• Provide separate, clean eating areas with
hand-washing facilities.
• Install equipment inspection stations at
each construction equipment
access/egress point. Examine
MITIGATION MONITORING AND REPORTING PROGRAM (Attachment A) TTM No.61920/ZC No. 21-04

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for Monitoring

VERIFICATION OF COMPLIANCE
Initials Date Remarks
construction vehicles and equipment for
excess soil material and clean, as
necessary, before equipment is moved
off-site.
• Train workers to recognize the
symptoms of Valley Fever, and to
promptly report suspected symptoms of
work-related Valley Fever to a supervisor.
• Work with a medical professional to
develop a protocol to medically evaluate
employees who develop symptoms of
Valley Fever.
• Work with a medical professional, in
consultation with the Los Angeles County
Department of Public Health, to develop
an educational handout for on-site
workers and surrounding residents
within three miles of the project site, and
include the following information on
Valley Fever: what are the potential
sources/ causes, what are the common
symptoms, what are the options or
remedies available should someone be
experiencing these symptoms, and where
testing for exposure is available. Prior to
construction permit issuance, this
handout shall have been created by the
project operator and reviewed by the
project operator and reviewed by the
Development Services Director. No less
than 30 days prior to any work
MITIGATION MONITORING AND REPORTING PROGRAM (Attachment A) TTM No.61920/ZC No. 21-04

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VERIFICATION OF COMPLIANCE
Initials Date Remarks
commencing, this handout shall be mailed
to all existing residences within a specified
radius of the project boundaries as
determined by the Development Services
Director. The radius shall not exceed
three miles and is dependent upon the
location of the project site.
• When possible, position workers
upwind or crosswind when digging a
trench or performing other soil-disturbing
tasks.
• Prohibit smoking at the worksite outside
of designated smoking areas;
designated smoking areas will be
equipped with handwashing facilities.
• Post warnings on-site and consider limiting
access to visitors, especially those without
adequate training and respiratory
protection.
• Audit and enforce compliance with relevant
Cal OSHA health and safety standards on
the job site.

BIOLOGICAL RESOURCES

2. No burrowing owls were identified on the project site; however, it is possible that they could occupy the site prior to the start of construction. Burrowing owl
protocol surveys shall be conducted on the project
site in accordance with the procedures established
by the California Department of Fish and Wildlife
Prior to final approval of
a grading/construction
plan, issuance of
stockpile or construction
permit, or any ground
disturbing activities
Submittal of the report
from the biologist to
the City of Lancaster
Development Services
Department, Community
Development Division

MITIGATION MONITORING AND REPORTING PROGRAM (Attachment A) TTM No.61920/ZC No. 21-04

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Conditions of Approval
Monitoring Milestone
(Frequency)
Method of
Verification
Party Responsible
for Monitoring

VERIFICATION OF COMPLIANCE
Initials Date Remarks
prior to the start of construct ion/ground disturbing
activities. If burrowing owls are identified using the
project site during the surveys, the applicant shall
contact the California Department of Fish and Wildlife
(CDFW) and appropriate mitigation/management
procedures shall be follow ed. At a minimum, the
following shall occur:
• If burrowing owls are identified during the
non-nesting season, a qualified biologist
shall install one- way gates to relocate the
owl to a suitable nearby property. Upon
confirmation that the burrow is empty, the
burrowing shall be collapsed.
• In the event that a breeding pair or female
owl with offspring are present at a burrow, a
buffer zone of at least 50 feet shall be
established around the burrow until the
offspring have fledged and left the burrow.

No work s hall occur within the buffer zone.

The specific buffer zone shall be established
in coordination with CDFW.

3. A nesting bird survey shall be conducted within 30
days prior to the start of construction/ground
disturbing activities. If nest ing birds are encountered, all work shall cease until either the young birds have
fledged or the appropriate permits are obtained from
the California Department of Fish and Wildlife
(CDFW). If active bird nests are identified using the
project site during the survey, the applicant shall
contact the California Department of Fish and Wildlife
Prior to final approval of
a grading/construction
plan, issuance of
stockpile or construction
permit, or any ground
disturbing activities
Submittal of the report
from the biologist to
the City of Lancaster
Development Services
Department, Community
Development Division

MITIGATION MONITORING AND REPORTING PROGRAM (Attachment A) TTM No.61920/ZC No. 21-04

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Conditions of Approval
Monitoring Milestone
(Frequency)
Method of
Verification
Party Responsible
for Monitoring

VERIFICATION OF COMPLIANCE
Initials Date Remarks
to determine the appropriate mitigation/management
requirements. Impact to nests will be avoided by
delay of work or establishing a buffer of 500 feet
around active rap tor nests and 50 feet around other
migratory bird species nests.

CULTURAL RESOURCES

4. The applicant shall retain a professional Native
American monitor procured by the Fernandeño
Tataviam Band of Mission Indians to observe all
clearing, grubbing, and grading operations within
the proposed impact areas. If cultural resources are
encountered, the Native American monitor will have
the authority to request that ground- disturbing
activities cease within 60 feet of discovery to assess
and doc
ument potential finds in real time. One
monitor will be required on- site for all ground-
disturbing activities in areas designated through
additional consultation. However, if ground-
disturbing activities occur in more than one of the
designated monitoring areas at the same time, then
the parties can mutually agree to an additional
monitor, to ensure that simultaneously occurring
ground-disturbing activities receive thorough levels
of monitoring coverage.

During construction Notification to the City
of Lancaster, affected
tribes
City of Lancaster
Community Development
Division, construction
foreman, building
inspectors

5. In the event that cultural resources are discovered during project activities, all work in the immediate
vicinity of the find (within a 60 -foot buffer) shall
cease and a qualified archaeologist meeting
Secretary of Interior standards shall assess the find.

Work on the portions of the project outside of the
During construction Notification to the City
of Lancaster, affected
tribes
City of Lancaster
Community Development
Division, construction
foreman, building
inspectors

MITIGATION MONITORING AND REPORTING PROGRAM (Attachment A) TTM No.61920/ZC No. 21-04

Mit. /
Cond.

No.

Mitigation Measure/
Conditions of Approval
Monitoring Milestone
(Frequency)
Method of
Verification
Party Responsible
for Monitoring

VERIFICATION OF COMPLIANCE
Initials Date Remarks
buffered area may continue during this assessment
period. Additionally, the Yuhaaviat am of San
Manuel Nation (YSMN) Cultural Resources
Department shall be contacted regarding any pre-
contact and/or post-contact/historic era finds and be
provided information after the archaeologist makes
their initial assessment of the nature of the find, s o as to provide Tribal input with regards to
significance and treatment.

6. The applica nt shall, in good faith, consult with the Fernandeño Tataviam Band of Mission Indians on
the disposition and treatment of any Tribal Cultural
Resource encountered during all ground disturbing
activities.

During construction Notification to the City
of Lancaster, affected
tribes
City of Lancaster
Community Development
Division, construction
foreman, building
inspectors

7. If humans or funerary objects are encountered
during any construction activities associated with
the proposed project, work within 100- foot buffer
shall cease and the County Coroner shall be
contacted pursuant to State Health and Safety Code
Section 7050.5.

During construction Notification to the City
of Lancaster, County
Coroner, and any
affected tribe
City of Lancaster
Community Development
Division, construction
foreman, building
inspectors

8. If significant pre- contact and/or historic -era cultural resources, as defined by CEQA (as amended,
2015), are discovered and avoidance cannot be
ensured, the archaeologist shall develop a
Monitoring and Treatment Plan, the drafts of which
shall be provided to YSMN for review and comment,
as detailed within TCR -

1. The archaeologist shall
monitor the remainder of the project and implement
the Plan accordingly.

During construction Notification to the City
of Lancaster, affected
tribes
City of Lancaster
Community Development
Division, construction
foreman, building
inspectors

9. The Yuhaaviatam of San Manuel Nation Cultural During construction Notification to the City City of Lancaster MITIGATION MONITORING AND REPORTING PROGRAM (Attachment A) TTM No.61920/ZC No. 21-04

Mit. /
Cond.

No.

Mitigation Measure/
Conditions of Approval
Monitoring Milestone
(Frequency)
Method of
Verification
Party Responsible
for Monitoring

VERIFICATION OF COMPLIANCE
Initials Date Remarks
Resources Department (YSMN) shall be contacted
of any pre- contact and/or hist oric- era cultural
resources discovered during project
implementation, and be provided information
regarding the nature of the find, so as to provide
Tribal input with regards to significance and
treatment. Should the find be deemed significant, as
defined by CEQA (as amended, 2015), a cultural
resources Monitoring and Treatment Plan shall be
created by the archaeologist, in coordination with
YSMN, and all subsequent finds shall be subject to
this Plan. This Plan shall allow for a monitor to be
present that represents YSMN for the remainder of
the project, should SMBMI elect to place a monitor
on-site.
of Lancaster, affected
tribes
Community Development
Division, construction
foreman, building
inspectors

10. Any and all archaeological/cultural documents
created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall
be supplied to the applicant and Lead Agency for
dissemination to YSMN. The Lead Agenc y and/or
applicant shall, in good faith, consult with YSMN
throughout the life of the project.

During construction Notification to the City
of Lancaster, affected
tribes
City of Lancaster
Community Development
Division, construction
foreman,

GEOLOGY AND SOILS

11. The applicant shall submit the required Construction Excavation Fee to the Antelope Valley Air Quality
Management District (AVAQMD) prior to the
issuance of any grading and/or construction
permits. This includes compliance with all
prerequisites outlined in District Rule 403, Fugitive
Dust, including submission and approval of a Dust
Control Plan, installation of signage and the
Prior to the issuance of
any grading and/or
construction permits
A copy of the
AVAQMD-approved
Dust Control Plan
Field Inspections
Development Services
Department, Community
Development Division,
Capital Engineering and
Building and Safety, and
the AVAQMD.

MITIGATION MONITORING AND REPORTING PROGRAM (Attachment A) TTM No.61920/ZC No. 21-04

Mit. /
Cond.

No.

Mitigation Measure/
Conditions of Approval
Monitoring Milestone
(Frequency)
Method of
Verification
Party Responsible
for Monitoring

VERIFICATION OF COMPLIANCE
Initials Date Remarks
completion of a successful onsite compliance
inspection by an AVAQMD field inspector. Proof of
compliance shall be submitted to the City.

HAZARDS AND HAZARDOUS MATERIALS

12. A Phase II investigation shall be conducted on the project site to determine the presence or absence of
elevated agricultural chemicals. If elevated levels of
these chemicals are identified above r egulatory
levels for residential uses, the site shall be
remediated in accordance with the
recommendations of the report and all applicable
regulations prior to the issuance of any construction
related permits.

Prior to the issuance of
any construction rel ated
permits.

Submittal of the report
to the City of
Lancaster
Development Services
Department, Community
Development Division

13. The trash and debris located on the southwestern
side of the subject property should be removed for
proper off -site disposa l in accordance with
applicable regulations. Proof of proper disposal
shall be provided to the City of Lancaster.

Prior to the issuance of
any construction related
permits.

Submittal of proof to
the City of Lancaster
Development Services
Department, Community
Development Division

NOISE

14. Construction operations shall not occur between 8
p.m. and 7 a.m. on weekdays or Saturday or at any
time on Sunday. The hours of any construction-
related activities shall be restricted to periods and
days permitted by local ordinance.

During construction Field inspections Development Services Department, Community
Development Division
and Building and Safety

15. The on- site construction supervisor shall have the responsibility and authority to receive and resolve
noise complaints. A clear appeal process to the
owner shall be established prior to construction
commencement that will allow for resolution of noise
During construction Field inspections Development Services Department, Community
Development Division
and Building and Safety

MITIGATION MONITORING AND REPORTING PROGRAM (Attachment A) TTM No.61920/ZC No. 21-04

Mit. /
Cond.

No.

Mitigation Measure/
Conditions of Approval
Monitoring Milestone
(Frequency)
Method of
Verification
Party Responsible
for Monitoring

VERIFICATION OF COMPLIANCE
Initials Date Remarks
problems that cannot be immediately solved by the
site supervisor.

16. Electrically powered equipment shall be used
instead of pneumatic or internal combustion
powered equipment, where feasible.

During construction Field inspections Development Services Department, Community
Development Division
and Building and Safety

17. Material stockpiles and mobile equipment staging,
parking and maintenance areas shall be located as
far away as practicable from noise- sensitive
receptors.

During construction Field inspections Development Services Department, Community
Development Division
and Building and Safety

18. The use of noise producing signals, including horns, whistles, alarms, and bells shall be for safety
warning purposes only.

During construction Field inspections Development Services Department, Community
Development Division
and Building and Safety

19. No project-related public address or music system
shall be audible at any adjacent receptor.

During construction Field inspections Development Services Department, Community
Development Division
and Building and Safety

20. All noise producing construction equipment and
vehicles using internal combustion engines shall be
equipped with mufflers, air -inlet silencers where
appropriate, and any ot her shrouds, shields, or
other noise- reducing features in good operating
condition that meet or exceed original factor
specifications. Mobile or fixed "package" equipment
(e.g., arc -
welders, air compressors, etc.) shall be
equipped with shrouds and noise c ontrol features
that are readily available for the type of equipment.

During construction Field inspections Development Services Department, Community
Development Division
and Building and Safety

Attachment B

TTM 61920/
ZC 21-04
W Avenue K
55th Street West
2390
2385
2385
2385 238023802380
23802380
23752375
2380237523802380
2380
2375
2385
23852385
23902385
239523902385
2380
2385
23852390
23902395
2390
2390
2390
2390
2385
2380
23902390
2390
2380
2395
2385
2385
2385
239023902390
DATE:WO. 16265/6/2022MAP NO. 61920CITY OF LANCASTER
ENGINO.46026AIEXP.12-31-2022ERSSTATEOFCCIVREGLIFORNIALSASEFORPDERESIEWHUTNIGNEANOILT PREPARED BY:UNITED CIVIL INC30141 Agoura Road, Suite 215Agoura Hills, CA 91301PH: (818) 707-8648TENTATIVE TRACT TENTATIVE TRACT MAP NO. 61920IN THE CITY OF LANCASTER, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA SCALE: 1"= 80'080160240
[fr

LAN STER

COMMUNITY

DEVELOPMENT
City of Lancaster
Initial Study

1. Project title and File Number: Tentative Tract Map No. 61920/ ZoneChange No. 2l-04

2. Lead agency name and address: City of Lancaster
Development Services Department
Community Development Division
44933 Fem Avenue
Lancaster, California 93 53 4

3. Contact person and phone number: Monique Garibay, Planner City of Lancaster
Development Services Department
(66t) 723-6100

4. Location: 38.9+ acres at the northeast comer of 55th Street West and Avenue K (Assessor
Parcel Numbers: 3203-016-035, -036, -037)
(see Figure 1)

5. Applicant name and address: United Civil,Inc
30141 Agoura Road, Suite 215
Agoura Hills, CA 91301
General Plan designation:

Zoningz
Urban Residential (UR)
R- 1 0,000 (single family residential,
minimum lot size 10,000 square feet) & R-
15,000 (single family residential, minimum
lot size 15,000 square feet) (cunent)
R-7,000 (single family residential, minimum
lot size 7,000 square feet) (proposed)

8. Description of project:

The proposed project consists of a subdivision of approximately 38.9+ acres into 169 single- family residential lots, as well as, a proposal to change the zoning from R-10,000 and R-l5,000 to R-7,000. The lots range from 7,011 square feet to 9,936 square feet. Access to the subdivision would be provided from 52nd and 55th Street West and all of the streets within the development would be private.

6. 7.

TTM No. 6l920lZC No. 21-04
Initial Study
Page2
Figure 1., Project Location Map
2019 Update
TTM No. 6l920lZCNo. 21-04
Initial Study

Figure 2, Conceptual Site Plan
@:)F'iP"'
crn'oF L..trcAsTEt
lffiATftE IRltClUPNO 5190
TENTATIVE TRACT MAP NO. 61920
b* Tre Cfr OF h\CASIIR COL'IITV OF LOS A"\CELES, STAIE OF CALITORNIAE!:31 :E_<:ir-n:! I tI
I
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i r 'iii t,'.r-.lii 'll,:.i
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2019 Update
TTM No. 61920/ZC No. 2l-04
Initial Study

9. Surrounding land uses and setting:

The project site is currently undeveloped and vacant. The properties surrounding the project site are predominantly vacant land with some single-family homes. Single family residential subdivisions located further to the east and west. The property to the south is vacant and Sundown Elementary School is located 0.6 miles to lhe northwest. The State Prison is located approximately one mile to the north. Table I provides the zoning and the land uses of the properties adjacent to the site.

Table I
ZoningfLand Us e Info rmatio n
Other public agencies whose approval is required (e.g. permits, tinancing approval, or participation agreement. )
Approvals from other public agencies for the proposed project include, but are not limited to, the following:
o California Department of Fish and Wildlife (CDFW)
o Antelope Valley Air Quality Management District (AVAQMD) o Los Angeles County Fire Department
o Los Angeles Waterworks District 40
o Southern California Edison

11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code Section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confi dentiality, etc.? In accordance with Assembly Bill (AB) 52, consultation letters for the proposed project were sent to six individuals associated with five tribes identified in the cultural resource report and/or who had requested to be included in the process. These letters were mailed on December 7,2021 via certified retum receipt mail. Table 2 identifies the tribes, the person to whom the letter was directed, and the date the letter was received.

10. Direction
Zoning
Land UseCitv CounE
North R-10,000 N/A Vacant
East R-10,000,
R-15,000
N/A Vacant
South R-10,000 N/A Vacant
West R-7,000 N/A Vacant
2019 Update
TTM No. 6l920lZC No. 21-04
Initial Study

Table 2
Tribal Notification
A response was received from two tribes: Fernandeflo Tataviam Band of Mission Indians and Yuhaaviatam of San Manuel Nation (YSMN). The project area was identified as being located within ancestral territory, but the tribes did not identify specific tribal resources within the site.

The tribes requested specific mitigation measures, such as, tribal monitors be included for this project. These mitigation measures would ensure the proper handling and notification to the tribes and can be seen in the cultural resources section.

Tribe PersonlTitle Date Received
Gabrieleno Band of Mission Indians
-KizhNation
Andrew Salas, Chairman December 10,2021
Yuhaaviatam of San Manuel Nation Ryan Nordness, Cultural Resource Analyst
December 10,2021
Fernandeffo Tataviam Band of Mission
Indians
Jairo Avila, Tribal Historic and
Cultural Preservation Offi cer
December 9,2021
Femandeflo Tataviam Band of Mission
Indians
Rudy Ortega, Tribal President December 10,202I
Quechan Tribe of the Fort Yuma
Reservation
Jill McCormick, Historic
Preservation Officer
December 15,2021
Morongo Band of Mission Indians Robert Martin, Chairperson December 10,2021 2019 Update
TTM No. 6l920lZC No. 21-04
Initial Study

ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:

The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.

DETERMINATION: On the basis of this initial evaluation
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
_X_ I hnd that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE, DECLARATION, including revisions or measures that are imposed upon the proposed project, nothing further is required.

Aesthetics Agriculture and Forestry
Resources
Air Quality
Biological Resources Cultural Resources Energy
Geology/Soils Greenhouse Gas Emtsstons Hazards &
Materials
Hazardous
Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities/Service Systems Wildfire Mandatory Findings of Significance
2019 Update
Date
1)
TTM No. 6l920lZC No. 21-04
Initial Study

EVALUATION OF ENVIRONMENTAL IMPACTS:

A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis.

All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.

Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," as described in (5) below, may be cross-referenced).

Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identiff the following:
a. Earlier Analysis Use. Identi$ and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
c. Mitigation Measures. For effects that are "Less Than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.

Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages w3here the statement is substantiated.
2)
3)
4)
5)
6)
2019 Update
7)
8)
e)
TTM No. 6l920lZC No. 21-04
Initial Study

Supporting Information Sources: A source list should be attached, and other sourcss used or individuals contacted should be cited in the discussion.

This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected.

The explanation of each issue should identi$:
a. The significance criteria or threshold, if any, used to evaluated each question; and b. The mitigation measure identified, if any, to reduce the impact to less than significance 2019 Update
TTM No. 6192012C No. 21-04
Initial Study

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
I. AESTHETICS. Except as provided in Public Resources
Code Section21099, would the project:
a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic
buildings with a state scenic highway?
X
c) In non-urbanized areas, substantially degrade the
existing visual character or quality or public views of the site and its surroundings? (Public views are those
that are experienced from publicly accessible vantage
point). If the project is in an urbanized area, would the project conflict with applicable zoning and other
regulations governing scenic quality?
X
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views of the
area?
X
b.
c
a. The City of Lancaster General Plan identifies five scenic areas in the City and immediately surrounding the area (LMEA Figure 12.0-l). Views of these scenic areas are not generally visible from the project site or the surrounding roadways. However, views of open desert and the mountains surrounding the Antelope Valley are available from the project site and roadways.

With implementation of the proposed project, the views would not change and would continue to be available from the roadways and project site. Therefore, no impact would occur.

The project site is not located along any designated State Scenic Highways. Additionally, the project site does not contain any rock outcroppings, trees, or historic structures. Therefore, no impacts would occur.

The proposed project is consistent with the zoning code as it pertains to this use and proposed zone. Additionally, the City of Lancaster adopted Design Guidelines on December 8, 2009 (updated March 30, 2010). These guidelines provide the basis to achieve quality design for all development within the City. Development of the proposed project would change the visual character of the project site from vacant land to a residential subdivision of 169 lots. The new development would conform to design standards for subdivisions, the intent of the design guidelines, and would be compatible with nearby developments. Prior to the issuance of building 2019 Update
d.

TTM No. 6l920lZC No. 21-04
Initial Study

permits for the project, the elevations of the models would be subject to review by the Community Development Division to ensure that the elevations are consistent with the design guidelines and City's vision for the look of the community. Therefore, impacts would be less than significant.

Currently, no light is generated on the project site. Light generated in the area is minimal and primarily from residential lighting, vehicle headlights, and street lights. Light from the prison is visible to the north. The light generated from the project site would be in the form of motor vehicles, street lights, and residential lighting. The proposed street lights within the development would be directed downward onto the project site. Additionally, the proposed project would not introduce substantial amounts of glare as the development would be constructed primarily from non-reflective materials. Therefore, impacts would be less than significant. 2019 Update
TTM No. 6I920|ZC No. 21-04
Initial Study
Page I I
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
II. AGRICULTURE AND FORESTRY RESOURCES. In
determining whether impacts to agricultural resources
are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the
California Department of Conservation as an optional
modelto use in assessing impacts on agriculture and
farmland. In determining whether impacts to forest
resources, including timberland, are significant
environmental effects, lead agencies may refer to
information compiled by the California Department of
Forestry and Fire Protection regarding the state's
inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment
project; and forest carbon measurement methodology
provided in Forest Protocols adopted by the California
Air Resources Board. Would the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as shown
on the maps prepared pursuant to the Farmland Mapping
and Monitoring Program of the California Resources
Agency, to non-agricultural use?
X
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? X
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(9)), timberland (as defined in Public Resources
Code Section 4526), or timberland zoned Timberland
Production (as defined by Government Code Section
s11OaG)x
X
d) Result in the loss of forest land or conversion of forest land to non-forest use? X
e) Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or
conversion offorest land to non-forest use?
X
2019 tJpdate
TTM No. 6192012C No. 21-04
Initial Study

a.
c-d.
b
The California Department of Conservation, Division of Land Resource Protection, Farmland Mapping and Monitoring Program (FMMP), tracks and categorizes land with respect to agricultural resources. Land is designated as one of the following and each has a specific definition: Prime Farmland, Farmland of Statewide Importance, Unique Farmland, Farmland of Local Importance, Grazing Land, Urban and Built-Up Land, and Other Land.

The maps for each county are updated every two years. The Los Angeles County Farmland Map was last updated in2018. Based on the 2018 map, the project site is designated as Other Land.

Other Land is defined as "land not included in any other mapping category. Common examples include low density rural developments, brush, timber, wetland, and riparian areas not suitable for livestock grazing, confined livestock, poultry, or aquaculture facilities, strip mines, borrow pits, water bodies smaller than 40 acres. Vacant and non-agricultural land surrounded on all sides by urban development and greater than2} acres is mapped as other land." As the project is not designated as farmland of importance by the State nor is it currently utilized for agricultural purposes, no impacts to agricultural resources would occur.

The project site is currently zoned R-10,000 and R-l5,000 and is proposed to change to R-7,000.

These zones do not allow for agricultural uses. Additionally, neither the project site, nor properties in the vicinity of the project site are under a Williamson Act contract. Therefore, no impacts would occur.

According to the City of Lancaster's General Plan, there are no forests or timberlands located within the City of Lancaster. Therefore, the proposed project would not result in the rezoning of forest or timberland and would not cause the loss of forest land or the conversion of forest land to non-forest land. Therefore, no impacts would occur.
e. See responses to Items IIa-d
2019 Update
TTM No. 6l920lZC No. 21-04
Initial Study

a.
b.

Development proposed under the City's General Plan would not create air emissions that exceed the Air Quality Management Plan (GPEIR pgs. 5.5-21 to 5.5-22). The project site is designated as UR and zoned R-10,000 and R-15,000 with a proposal to change the zoning to R-7,000.

Residential subdivisions are a permitted use under these zones with the density varying only slightly. As such, any emissions associated with the proposed project have already been accounted for and the proposed project would not conflict with or obstruct the implementation of the Air Quality Management Plan and no impacts would occur.

The project site is within the boundary of the Antelope Valley Air Quality Management District (AVAQMD) and therefore, are subject to compliance with the thresholds established by the AVAQMD. These thresholds were provided in the AVAQMD's California Environmental Quality Act (CEQA) and Federal Conformity Guidelines document, dated August 2016. These thresholds have been summarized below in Table 3.

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
IIL AIR QUALITY. Where available, the significance
criteria established by the applicable air quality
management district or air pollution control district may be relied upon to make the following determinations.

Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan? X
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard?
X
c) Expose sensitive receptors to substantial pollutant
concentrations? X
d) Result in other emissions (such as those leading to
odors) adversely affecting a substantial number of
people?
X
2019 Update
TTM No. 6I920|ZC No. 21-04
Initial Study

c.

Table 3
AVAQMD Air Quality Thresholds
Construction of the proposed project would generate air emissions associated with grading, use of heavy equipment, construction worker vehicles, etc. However, the emissions are not anticipated to exceed the established thresholds identified above due to the size and the type of proposed project.

The proposed project would generate approximately 1,595 daily vehicle trips as determined by the City Traffic Engineer. These trips would generate air emissions; however, the amount of emissions from the estimated vehicle trips would not be suff,rcient to create or significantly contribute towards violations of air quality standards. Therefore, emissions associated with the occupancy of the proposed subdivision would be less than significant.

The closest sensitive receptors are single-family residences to the west and southeast of the project site, as well as, Sundown Elementary School located approximately 0.6 miles northwest of the project site. The trips associated with the proposed project would generate emissions; however, the amount of traffic generated by the project is not sufficient enough to significantly impact nearby intersections or roadways and create or contribute considerably to violations of air quality standards on either a localized or regional basis. Therefore, substantial pollutant concentrations would not occur and impacts would be less than significant.

However, since the construction of the proposed project would result in the disturbance of the soil, it is possible individuals could be exposed to Valley Fever. Valley Fever or coccidioidomycosis, is primarily a disease of the lungs caused by the spores of the Coccidioides immitis fungus. The spores are found in soils, become airbome when the soil is disturbed, and are subsequently inhaled into the lungs. After the fungal spores have settled in the lungs, they change into a multicelluar structure called a spherule. Fungal growth in the lungs occurs as the spherule grows and bursts, releasing endospores, which then develop into more spherules.

Valley Fever is not contagious, and therefore, cannot be passed on from person to person. Most of those who are infected would recover without treatment within six months and would have a life-long immunity to the fungal spores. In severe cases, especially in those patients with rapid and extensive primary illness, those who are at risk for dissemination of disease, and those who have disseminated disease, antifungal drug therapy is used.

Criteria Pollutant
Daily Threshold
(Pounds) Annual Threshold (Tons)
Oxides of Nitrogen (NO.) 137 25
Volatile Organic Compounds (VOC) t37 25
Oxides of Sulfur (SO*) r37 25
Particulate Matter (PMr o) 82 15
Particulate Matter (PMz s) 65 12
Hydrosen Sulfide (HzS) 54 10
Lead (Pb) a
J 0.6
2019 Update
TTM No. 6l920lZC No. 2l-04
Initial Study

Nearby sensitive receptors as well as workers at the project site could be exposed to Valley Fever from fugitive dust generated during construction. There is the potential that cocci spores would be stined up during excavation, grading, and earth-moving activities, exposing construction workers and nearby sensitive receptors to these spores and thereby to the potential of contracting Valley Fever. However, implementation of Mitigation Measures 11 (see Geology and Soils) which requires the project operator to implement dust control measures in compliance with AVAQMD Rule 403, and implementation of Mitigation Measure 1, below, which would provide personal protective respiratory equipment to construction workers and provide information to all construction personnel and visitors about Valley Fever, the risk of exposure to Valley Fever would be minimized to a less than significant level.

Mitigation Measures

1. Prior to ground disturbance activities, the project operator shall provide evidence to the Development Services Director that the project operator and/or construction manager has developed a "Valley Fever Training Handout", training, and schedule of sessions for education to be provided to all construction personnel. All evidence of the training session materials, handout(s) and schedule shall be submitted to the Development Services Director within 24 hours of the first training session. Multiple training sessions may be conducted if different work crews will come to the site for different stages of construction; however, all construction personnel shall be provided training prior to beginning work. The evidence submitted to the Development Services Director regarding the "Valley Fever Training Handout" and Session(s) shall include the following:
o A sign-in sheet (to include the printed employee names, signature, and date) for all employees who attended the training session.
o Distribution of a written flier or brochure that includes educational information regarding the health effects of exposure to criteria pollutant emissions and Valley Fever.
o Training on methods that may help prevent Valley Fever infection. o A demonstration to employees on how to use personal protective equipment, such as respiratory equipment (masks), to reduce exposure to pollutants and facilitate recognition of symptoms and earlier treatment of Valley Fever. Where respirators are required, the equipment shall be readily available and shall be provided to employees for use during work. Proof that the demonstration is included in the training shall be submitted to the county. This proof can be via printed training materials/agenda, DVD, digital media hles, or photographs.

The project operator also shall consult with the Los Angeles County Public Health to develop a Valley Fever Dust Management Plan that addresses the potential presence of the Coccidioides spore and mitigates for the potential for Coccidioidomycosis (Valley Fever).

Prior to issuance of permits, the project operator shall submit the Plan to the Los Angeles County Public Health for review and comment. The Plan shall include a program to evaluate the potential for exposure to Valley Fever from construction activities and to identify appropriate safety procedures that shall be implemented, as needed, to minimize 2019 Update
TTM No. 6192012C No. 21-04
Initial Study

personnel and public exposure to potential Coccidioides spores. Measures in the Plan shall include the following:
o Provide HEP-filters for heavy equipment equipped with factory enclosed cabs capable of accepting the filters. Cause contractors utilizing applicable heavy equipment to furnish proof of worker training on proper use of applicable heavy equipment cabs, such as turning on air conditioning prior to using the equipment. o Provide communication methods, such as two-way radios, for use in enclosed cabs. o Require National Institute for Occupational Safety and Health (NlOSH)-approved half- face respirators equipped with minimum N-95 protection factor for use during worker collocation with surface disturbance activities, as required per the hazard assessment process.
o Cause employees to be medically evaluated, fit-tested, and properly trained on the use of the respirators, and implement a full respiratory protection program in accordance with the applicable CaI/OSHA Respiratory Protection Standard (8 CCR 5144). o Provide separate, clean eating areas with hand-washing facilities. o Install equipment inspection stations at each construction equipment access/egress point.

Examine construction vehicles and equipment for excess soil material and clean, as necessary, before equipment is moved off-site.
o Train workers to recognize the symptoms of Valley Fever, and to promptly report suspected symptoms of work-related Valley Fever to a supervisor. o Work with a medical professional to develop a protocol to medically evaluate employees who develop symptoms of Valley Fever.
. Work with a medical professional, in consultation with the Los Angeles County Public Health, to develop an educational handout for on-site workers and surrounding residents within three miles of the project site, and include the following information on Valley Fever: what are the potential sources/ causes, what are the common symptoms, what are the options or remedies available should someone be experiencing these symptoms, and where testing for exposure is available. Prior to construction permit issuance, this handout shall have been created by the project operator and reviewed by the project operator and reviewed by the Development Services Director. No less than 30 days prior to any work commencing, this handout shall be mailed to all existing residences within a specified radius of the project boundaries as determined by the Development Services Director. The radius shall not exceed three miles and is dependent upon the location of the project site.
. When possible, position workers upwind or crosswind when digging a trench or performing other soil-disturbing tasks.
o Prohibit smoking at the worksite outside of designated smoking areas; designated smoking areas will be equipped with handwashing facilities. o Post warnings on-site and consider limiting access to visitors, especially those without 2019 Update
TTM No. 6192012C No. 2l-04
Initial Study

adequate training and respiratory protectron.

Audit and enforce compliance with relevant Cal OSHA health and safety standards on the job site.

Construction of the proposed project is not anticipated to produce significant objectionable odors. Construction equipment may generate some odors, but these odors would be similar to those produced by vehicles traveling on Avenue K and 50th Street West. Most objectionable odors are typically associated with industrial projects involving the use of chemicals, solvents, petroleum products and other strong-smelling elements used in manufacturing processes, as well as sewage treatment facilities and landfills. These types of uses are not part of the proposed project. Odors may also be generated by typical residential activities (e.g., cooking, etc.).

However, these odors are considered to be normal odors associated with residential development and less than signihcant. Therefore, impacts associated with odors would be less than significant. a
d.
2019 Update
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
IV. BIOLOGICAL RESOURCES Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish
and Wildlife Service?
X
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the
California Department of Fish and Game or U.S. Fish
and Wildlife Service?
X
c) Have a substantial adverse effect on State or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
X
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with
established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites?
X
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
X
F) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat conservation plan?
X
TTM No. 6l920lZC No. 21-04
Initial Study

a. A biological resources survey was conducted for the project site by Mark Hagan, Wildlife Biologist, and documented a report titled, "Biological Resource Assessment of APN 3203-016- 035, 036, and037, Lancaster, Califomia" and dated September 19,2021. This report documented the findings of a field survey. The field survey was conducted on August 21,2021and September 2,2021 using pedestrian transects. A total of 29 transects were walked between the two days.

The proposed project area was characteristic of a highly disturbed desert field. A drainage feature, oriented southeast-northwest, was observed within the study area. This feature appeared 2019 Update
TTM No. 61920/ZC No. 21-04
Initial Study

to be a relic from a manmade drainage south of Avenue K. An old, water retention basin was situated within the southwest corner of the project site. These features are no longer in use and do not contain nor do they convey any water.

PIants
A total of twenty-one plant species were observed during the survey as listed in Table 4. Invasive grasses and mustard were the dominant annual species throughout the study area. No alkali mariposa lilies, Barstow woolly sunflowers, desert cymopterus were observed within the project site. Due to the study area having been previously graded or disced in the past, no suitable habitat for these species is present on site.

Table 4
Observed Plant Species
Animals
A total of twenty-one wildlife species were observed on the project site and Table 5 provides a listing of all animal species observed on the project site.

Rabbit brush/ Chrysothamnus
nauseosis
Four-wing saltbrush/ Atriplex
canescens
Mormon teal Ephedra
nevadensis
Fiddleneck/ Amsinckia tes sellata Desert straw/ Stephanomer ia pauciflora
Blue mantlel Eriastrum dffisum
Turkey mullein/ Eremocarpus
setigerus
Flat-topped buckwheat/
Eriogonum deflexum
Autumn vinegar-weedl Lessingia
germanorum
Vinegar weed/ Trichostema
lanceolatum
Russian thistle/ Salsola iberica Red-stem filaree/ Erodium cicutarium
Annual burweed/ Franseria
acanthicarpa
Jimson weed/ Datura meteloides Prickly lettuce/ Lactuca seriola Tumble mustard/ Sisymbrium
altisissiimum
Nevada blue grass/ Poa secunda Cheat grass/ Bromus tectorum Red brome I Bromus rubens Schismusi Schismus sp Giant reedl Arundo donax 2019 Update
TTM No. 6l920lZC No. 21-04
Initial Study
Page20
Table 5
Observed Animal Species
No desert tortoises, burrowing owls, desert kit foxes, Swainson's hawk, or their sign were observed within the study site. No special status wildlife species or their sign were identified during the survey. No Swainson's hawks have been documented within five miles of the project site. It is unlikely Swainson's hawk would nest within the study site since it is not considered a suitable location for foraging and is frequented by many domestic pets. The project site is not located within the geographic range of Mohave ground squirrels. While no burrowing owls were observed on the project site, it is possible that burrowing owls and other nesting birds could occupy the project site prior to the start of construction. Open concrete water pipes and inigation structures could be potential cover sites for burrowing owls within the study area. As such, mitigations have been identified for both nesting bird surveys and burrowing owl protocol surveys to ensure impacts remain less than significant. Therefore, the project would have less than significant impacts.

Mitiqation Measures

2. No burrowing owls were identihed on the project site; however, it is possible that they could occupy the site prior to the start of construction. Burrowing owl protocol surveys shall be conducted on the project site in accordance with the procedures established by the California Department of Fish and Wildlife prior to the start of construction/ground disturbing activities.

If burrowing owls are identified using the project site during the surveys, the applicant shall contact the California Department of Fish and Wildlife (CDFW) and appropriate mitigation/management procedures shall be followed. At a minimum, the following shall occur:

If burrowing owls are identified during the non-nesting season, a qualified biologist shall install one-way gates to relocate the owl to a suitable nearby property. Upon confirmation that the burrow is empty, the burrowing shall be collapsed.

Rodents/ Order: Rodentia Kangaroo ratl Dipodomys sp Desert cottontail/ Sylv il agus auduboni
Black-tailed jackrabbi tl [.epus
californicus
Coyote/ Canis latrans l)omestic dogl Canis .familiaris
Domestic catl Felis sp. Horse/ Equus sp Northern harrier/ Circus cyaneus Bam owl/ Tyto alba California quaill C al I ip e p I a
californica
Rock dovel Columba livia
Mouming dove/ Zenaida
macroura
Common ravenl Corvus cor(Dc House finch/ Carpodacus
mexicanus
Harvester ants Order
Hymenoptera
Grasshopper Order: Orthoptera Dragonfly Order: Odonata
Spider Order: Araneida Darkling beetle/ Coelocnemis
californicus
Fly Order: Diptera
2019 Update
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In the event that a breeding pair or female owl with offspring are present at a burrow, a buffer zone ofat least 50 feet shall be established around the burrow until the offspring have fledged and left the burrow. No work shall occur within the buffer zone. The specific buffer zone shall be established in coordination with CDFW.

3. A nesting bird survey shall be conducted within 30 days prior to the start of construction/ground disturbing activities. If nesting birds are encountered, all work shall cease until either the young birds have fledged or the appropriate permits are obtained from the Califomia Department of Fish and Wildlife (CDFW). If active bird nests are identified using the project site during the survey, the applicant shall contact the Califomia Department of Fish and Wildlife to determine the appropriate mitigation/management requirements.

Impact to nests will be avoided by delay of work or establishing a buffer of 500 feet around active raptor nests and 50 feet around other migratory bird species nests.

The project site does not contain any riparian habitat or other sensitive natural communities identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service. Therefore, no impact would occur.

There are no State or federally protected wetlands on the project site as defined by Section 404 of the Clean Water Act. Therefore, no impacts would occur.

The project site is not part of an established migratory wildlife corridor. Therefore, no impacts would occur.

The proposed project would not conflict with any local policies or ordinances, such as a tree preservation policy, protecting biological resources. The proposed project would be subject to the requirements of Ordinance No. 848, Biological Impact Fee, which requires the payment of $770laqe to offset the cumulative loss of biological resources in the Antelope Valley as a result of development. This fee is required of all projects occurring on previously undeveloped land regardless of the biological resources present and is utilized to enhance biological resources through education programs and the acquisition of property for conservation. Therefore, no impacts would occur.

There are no Habitat Conservation Plans, Natural Community Conservation Plans, or other approved local, regional, or State habitat conservation plans which are applicable to the project site. The West Mojave Coordinated Habitat Conservation Plan only applies to federal land, specifically land owned by the Bureau of Land Management. In conjunction with the Coordinated Management Plan, a Habitat Conservation Plan (HCP) was proposed which would have applied to all private properties within the Plan Area. However, this HCP was never approved by the California Department of Fish and Wildlife nor was it adopted by the local jurisdictions (counties and cities) within the Plan. As such, there is no HCP that is applicable to the project site and no impacts would occur.
a
b.
c.
d.
e.
f.
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Page22
a-c A cultural resource survey was conducted for the project site by Hudlow Cultural Resource Associates and the results documented in a report entitled "A Phase I Cultural Resource Survey for 55th Street West and West Avenue K, Tentative Tract 61920, City of Lancaster, California" and dated October 202I. The report includes a records search and a pedestrian survey of the project site.

A records search was conducted at the South Central Coastal Information Center on September 20,202I. A total of 25 cultural resource surveys have been conducted within a one-half mile radius ofthe project area. Five surveys addressed the project area, but no cultural resources have been previously identified on the project site.

On September 9, 2021, a field survey was conducted by walking parallel pedestrian transects spaced approximately 15 meters apafi. One cultural resource was identified, UC-l, during the field survey. The resource was identihed as remains of an underground agricultural water system from the 1940s, which are common in Lancaster. The site is not eligible for nomination to the California Register of Historic Resources under the any of the criteria. The site is not associated with any event or people that have made a significant contribution to local or regional history. In addition, it does not possess artistic values or have information important to the prehistory or history of the local area. No human remains, including those interred outside of formal cemeteries, were discovered on the project site. Therefore, no impacts would be anticipated to occur.

Although one cultural resource was identified during the field study, it is possible that previously unknown resources could be encountered during the course of construction-related activities.

Additionally, tribes contacted during the AB 52 process requested that mitigation measures be included as part of the project to ensure the proper handling and treatment of any cultural resources encountered on the project site. These measures have been included and are identified below. With incorporation of these measures, impacts would be less than signihcant.

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
V. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the significance of a historical resource pursuant to $ 15064.5? X
b) Cause a substantial adverse change in the significance of an archaeological resources pursuant to $ I 5064.5 ? X
c) Disturb any human remains, including those interred
outside of dedicated cemeteries? X
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Mitigation Measures

4. The applicant shall retain a professional Native American monitor procured by the Fernandeffo Tataviam Band of Mission Indians to observe all clearing, grubbing, and grading operations within the proposed impact areas. If cultural resources are encountered, the Native American monitor will have the authority to request that ground- disturbing activities cease within 60 feet of discovery to assess and document potential finds in real time. One monitor will be required on-site for all ground-disturbing activities in areas designated through additional consultation. However, if ground-disturbing activities occur in more than one of the designated monitoring areas at the same time, then the parties can mutually agree to an additional monitor, to ensure that simultaneously occuning ground-disturbing activities receive thorough levels of monitoring coverage.

5. In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall assess the find. Work on the portions of the project outside of the buffered area may continue during this assessment period. Additionally, the Yuhaaviatam of San Manuel Nation (YSMN) Cultural Resources Department shall be contacted regarding any pre-contact andlor post-contact/historic era finds and be provided information after the archaeologist makes their initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment.

6. The applicant shall, in good faith, consult with the Fernandeffo Tataviam Band of Mission Indians on the disposition and treatment of any Tribal Cultural Resource encountered during all ground disturbing activities.

7. If humans or funerary objects are encountered during any construction activities associated with the proposed project, work within 100-foot buffer shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code Section 7050.5.

8. If significant pre-contact and/or historic-era cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to YSMN for review and comment, as detailed within TCR-I. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly.

9. The Yuhaaviatam of San Manuel Nation Cultural Resources Department (YSMN) shall be contacted of any pre-contact andlor historic- era cultural resources discovered during project implementation, and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended,2015), a cultural resources Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with YSMN, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents YSMN for the remainder of the project, should SMBMI elect to place a monitor on-site.
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Page24

10. Any and all archaeological/cultural documents created as apart of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to YSMN. The Lead Agency and/or applicant shall, in good faith, consult with YSMN throughout the life of the project.
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a. Project construction would consume energy in two general forms: 1) the fuel energy consumed by construction vehicles and equipment and 2) bound energy in construction materials, such as asphalt, steel, concrete, pipes, and manufactured or processed materials such as lumber and glass.

Fossil fuels used for construction vehicles and other energy-consuming equipment would be used during site clearing, grading, and construction. Fuel energy consumed during construction would be temporary and would not represent a significant demand on energy resources. In addition, some incidental energy conservation would occur during construction through compliance with State requirements that equipment not in use for more than five minutes be turned off. Project construction equipment would also be required to comply with the latest EPA and CARB engine emissions standards. These emissions standards require highly efficient combustion systems that maximize fuel efficiency and reduce unnecessary fuel consumption.

Substantial reductions in energy inputs for construction materials can be achieved by selecting building materials composed of recycled materials that require substantially less energy to produce than non-recycled materials. The project-related incremental increase in the use of energy bound in construction materials such as asphalt, steel, concrete, pipes and manufactured or processed materials (e.g., lumber and gas) would not substantially increase demand for energy compared to overall local and regional demand for construction materials.

The proposed project would consume energy for interior and exterior lighting, heating/ventilation and air conditioning (HVAC), refrigeration, electronics systems, appliances, and security systems, among other things. The proposed project would be required to comply with Title 24 Building Energy Efficiency Standards, which provide minimum efficiency standards related to various building features, including appliances, water and space heating and cooling equipment, building insulation and roofing, and lighting. Implementation of the Title 24 standards significantly reduces energy usage. Furthermore, the electricity provider is subject to California's Renewables Portfolio Standard (RPS). The RPS requires investor owned utilities, electric service providers, and community choice aggregators (CCA) to increase procurement from eligible renewable energy resources to 33 percent of total procurementby 2020 and to 50 percent of total Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less Than
Significant
Impact
No
Impact
VI. ENERGY. Would the project:
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or
operation?
X
b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficient? X
2019 Update
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Page26
procurement by 2030. Renewable energy is generally defined as energy that comes from resources, which are naturally replenished within a human timescale such as sunlight, wind, tides, waves, and geothermal heat.

The project would adhere to all Federal, State, and local requirements for energy efficiency, including the Title 24 standards, as well as the project's design features and as such the project would not result in the inefhcient, wasteful, or unnecessary consumption of building energy.

Therefore, no impacts would occur.

In 1978, the California Energy Commission (CEC) established Title 24, California's energy efficiency standards for residential and non-residential buildings, in response to a legislative mandate to create uniform building codes to reduce California's energy consumption, and provide energy efficiency standards for residential and non-residential buildings. The 2016 standards went into effect on January l, 2017 and substantially reduce electricity and natural gas consumption. Additional savings result from the application of the standards on building alterations such as cool roofs, lighting, and air distribution ducts.

The California Green Building Standards Code (California Code of Regulations, Title 24, Part 11), commonly referred to as the CALGreen Code, is a statewide mandatory construction code that was developed and adopted by the California Building Standards Commission and the California Department of Housing and Community Development. CALGreen standards require new residential and commercial buildings to comply with mandatory measures under five topical areas: planning and design; energy efficiency; water efficiency and conservation; material conservation and resource efhciency; and environmental quality. An updated version of both the California Building Code and the CALGreen Code went into effect on January I,2020.

In2014, Lancaster created Lancaster Choice Energy (LCE), allowing residents and businesses in Lancaster to choose the source of their electricity, including an opportunity to opt up to 100% renewable energy. SCE continues to deliver the electricity and provide billing, customer service and powerline maintenance and repair, while customers who choose to participate in this program would receive power from renewable electric generating private-sector partners at affordable rates.

The City of Lancaster adopted the Zero Net Energy (ZNE) Home Ordinance in February 2017.

The ZNE Ordinance mandates all builders to install a solar system equal to two watts per square foot for each home built. Developers have three options available to comply with the City's ZNE requirement: a solar component, mitigation fees in lieu of a solar component, or a combination of both. The houses constructed as a result of the proposed project would comply with all of these regulations and would not conflict or obstruct a state or local plan for renewable energy or energy efficiency. This ordinance was made obsolete when the CalGreen Code went into effect on January 1,2020. Therefore, no impacts would occur.
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Page27
a. The project site is not identified as being in or in proximity to a fault rupture zone (LMEA Figure 2-5). According to the SeismicHazard Evaluation of the Lancaster East and West Quadrangles, Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
lmpact
No
Impact
VII. GEOLOGY AND SOILS. Would the project:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death
involving:
i) Rupture of a known earthquake fault, as delineated
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the
area or based on other substantial evidence of a
known fault? Refer to Division of Mines and
Geology Special Publication 42.

X
ii) Strong seismic ground shaking? X
iii) Seismic-related
liquefaction?
ground failure, including X
iv) Landslides? X
b) Result in substantial soil erosion or the loss of topsoil? X c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project,
and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
X
d) Be located on expansive soil, as defined in Table l8-1-B of the Uniform Building Code (1994), creating
substantial direct or indirect risks to life or property? X
e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?
X
D Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X
2019 Update
TTM No. 6l920lZC No. 21-04
Initial Study

b
the project site may be subject to intense seismic shaking (LMEA pg. 2-16). However, the proposed project would be constructed in accordance with the seismic requirements of the Uniform Building Code (UBC) adopted by the City, which would render any potential impacts to a less than significant level. The site is generally level and is not subject to landslides (SSHZ).

Liquefaction is a phenomenon in which the strength and stiffness of a soil is reduced by earthquake shaking or other events. This phenomenon occurs in saturated soils that undergo intense seismic shaking typically associated with an earthquake. There are three specific conditions that need to be in place for liquefaction to occur: loose granular soils, shallow groundwater (usually less than 50 feet below ground surface) and intense seismic shaking. In April 2019, the California Geologic Survey updated the Seismic Hazard Zones Map for Lancaster (SSHZ) (https://maps.conservation.ca.gov/cgs/EQZApplappl). Based on these maps, the project site is not located in an area at risk for liquefaction. No impacts would occur.

The project site is rated as having a low risk for soil erosion (USDA SCS Maps) when cultivated or cleared of vegetation. As such, there remains a potential for water and wind erosion during construction. The proposed project would be required, under the provisions of the Lancaster Municipal Code (LMC) Chapter 8.16, to adequately wet or seal the soil to prevent wind erosion.

Additionally, the following mitigation measure shall be required to control dust/wind erosion.

Water erosion controls must be provided as part of the proposed project's grading plans to be reviewed and approved by the Capital Engineering Division. These provisions, which are a part of the proposed project, would reduce any impacts to less than significant levels.

Mitisation Measures
1 l. The applicant shall submit the required Construction Excavation Fee to the Antelope Valley Air Quality Management District (AVAQMD) prior to the issuance of any grading and/or construction permits. This includes compliance with all prerequisites outlined in District Rule 403, Fugitive Dust, including submission and approval of a Dust Control Plan, installation of signage and the completion of a successful onsite compliance inspection by an AVAQMD field inspector. Proof of compliance shall be submitted to the City.

Subsidence is the sinking of the soil caused by the extraction of water, petroleum, etc.

Subsidence can result in geologic hazards known as fissures. Fissures are typically associated with faults or groundwater withdrawal, which results in the cracking of the ground surface.

According to Figure 2-3 of the City of Lancaster's Master Environmental Assessment, the project site is not known to be within an area subject to fissuring, sinkholes, or subsidence or any other form of geologic unit or soil instability. The closest sinkholes and fissures are located along Avenue I and 50th Street West approximately 1.7 miles north of the project site. For a discussion of potential impacts regarding liquefaction, please refer to Section Item VII.a. Therefore, no impacts would occur.

The soil on the project site is characterized by a low shrink/swell potential (LMEA Figure 2-3).

A soils report for the proposed project shall be submitted to the City by the project developer prior to grading and the recommendations of the report shall be incorporated into the development of the proposed project. Therefore, impacts would be less than significant. c
d.
2019 Update
e.
f.

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The proposed project would be tied into the sanitary sewer system. No septic or alternative means of waste water disposal are part of the proposed project. Therefore, no impacts would occur.

The proposed project would not directly or indirectly destroy a unique paleontological resource, site, or geologic feature. Therefore, no impacts would occur. 2019 Update
TTM No. 6l920lZC No. 21-04
Initial Study

a-b. The proposed project consists ofa 169-lot residential subdivision and zone change to change the zoning from R-10,000 and R-l5,000 to R-7,000. As discussed in Item III.b., the proposed project would generate air emissions during construction and operational activities, some of which may be greenhouse gases. These emissions are anticipated to be less than the thresholds established by AVAQMD due to the size of the project and therefore would not prevent the State from reaching its greenhouse gas reduction targets. Once the development is operational, it would generate emissions, primarily from vehicles and other activities associated with the residential uses, including yard maintenance, heatingicooling maintenance, etc. however, the development would require to comply with the requirements of the City's Net Zero Energy Ordinance, Water Efficient Landscape Ordinance, and other requirements which increase the efficiency of buildings and reduce air emissions. Therefore, impacts would be less than significant.

The proposed project would also be in compliance with the greenhouse gas goals and polices identified in the City of Lancaster General Plan (LME A p.7 -2 to 7 -15) and in the City's adopted Climate Action Plan. Therefore, impacts with respect to conflicts with an agency's plans, policies, and regulations would be less than significant.

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
VIII. GREENHOUSE GAS EMISSIONS. Would the
project:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a signiticant impact on the
environment?
X
b) Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of
greenhouse gases?
X
2019 Update
TTM No. 61920/ZC No. 21-04
Initial Study

a-b The proposed project consists of a 169-lot residential subdivision with zone change to change the zoning from R-10,000 and R-15,000 to R-7,000. Typical construction materials would be utilized during development of the subdivision. Occupants of the subdivision would typically utilize household cleaners (e.g., cleanser, bleach, etc.), fertilizer, and potentially limited use of common pesticides. These uses would be similar to other residential development in the area. The Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
IX. HAZARDS AND HAZARDOUS MATERIALS. Would
the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
X
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
X
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?
X
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significanthazard to the public or the environment?
X
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
X
0 Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
X
g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
X
2019 Update
TTM No. 6192012C No. 21 -04
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Page32
c
d
proposed project is not located along a hazardous materials transportation corridor (LMEA p.

9.1-14 and Figure 9.1-4). Therefore, impacts would be less than significant.

The project site is not located within a quarter mile of an existing or proposed school. The closest school to the project site is Sundown Elementary School, located approximately 0.6 miles to the northwest. While a school is located within 0.6 miles of the project site, the proposed project would not generate hazardous emissions or handle hazardous/acutely hazardous materials.

Therefore, no impacts would occur.

A Phase I Environmental Site Assessment was prepared for the proposed project by Partner Engineering and Science, Inc. The results of the study are documented in a report entitled "Phase I Environmental Site Assessment Report, Tentative Tract Map No. 61920, Avenue K and 55th Street West, Lancaster, Califomia 93536" and dated August 24,202I.

As part of the environmental site assessment, a site visit was conducted on August 13, 2021. No hazardous materials/waste were observed at the subject site. No evidence of environmental concerns, including hazardous material disposal, sewage discharge, wells, septic systems, underground or above ground (UST/AST) storage tanks, or stressed vegetation, was observed on the project site.

The subject property was utilized for agricultural purposes from at least 1928 until 1977. It is unknown if pesticides and/or herbicides were applied to the crops grown on the property; however, there is a potential for soil contamination in excess of regulatory thresholds for residential uses to occur. During the site visit, soil piles and a soil mound were observed on the property. No evidence of stained soils or unusual odors were identified in association with the soil piles. The soil piles could have been a result of neighboring residential construction, but it is unknown. A mitigation measure has been identified requiring soil sampling and testing to assess the presence or absence of elevated concentrations of agricultural chemicals. In the event that elevated levels are identified, the soil would be removed and disposed of or remediated in accordance with applicable regulations. With implementation of the mitigation measure, impacts would be less than significant.

In addition to the site visit, a regulatory records review was conducted for the project site. The project site and the surrounding properties are not located in any hazardous materials databases.

Therefore, no impacts would occur.

Mitigation Measures

12. A Phase II investigation shall be conducted on the project site to determine the presence or absence of elevated agricultural chemicals. If elevated levels of these chemicals are identified above regulatory levels for residential uses, the site shall be remediated in accordance with the recommendations of the report and all applicable regulations prior to the issuance of any construction related permits.

13. The trash and debris located on the southwestern side of the subject property should be removed for proper off-site disposal in accordance with applicable regulations. Proof of proper disposal shall be provided to the City of Lancaster. 2019 Update
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(t
TTM No. 61920/ZC No. 21-04
Initial Study

e. The proposed project is not located within an airport land use plan. The nearest airfield, General William Fox Airfield, is located approximately 4 miles north of the project site. There are no circumstances related to this proximity that could be expected to result in a safety hazard for people residing in the project area, therefore no impacts would occur.

The traffic generated by the proposed project is not expected to block the roadways.

Improvements that have been conditioned as part of the project would ensure that traffic operates smoothly. Therefore, the proposed project would not impair or physically block any identified evacuation routes and would not interfere with any adopted emergency response plan. Impacts would not occur.

The surrounding properties are vacant land and single-family residences. It is possible that these lots could be subject to grass and building fires. The project site is also located approximately 1.4 miles from Los Angeles County Fire Station No. 84, located at 5030 Avenue L-14, which would serve the project site in the event of a fire. Therefore, potential impacts from wildland fires would be less than significant.
2019 Update
'l"l'M No. 6192012C No. 21-04
Initial Study

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
X. HYDROLOGY AND WATER QUALITY. Would the
project:
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
X
b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the
project may impede sustainable groundwater
management of the basin?
X
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the
course of a stream or river or through the addition of
impervious surfaces, in a manner which would:
i) Result in substantial erosion or siltation on- or off- site X
ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding
on- or off-site
X
iii) Create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide substantial
additional sources of polluted runoff
X
iv) Impede or redirect flood flows X
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? X
e) Conflict with or obstruct implementation of a water
quality control plan or sustainable groundwater
management plan?
X
a. The project site is not located in an area with an open body of water or in an aquifer recharge area. The proposed project would be required to comply with all applicable provisions of the National Pollutant Discharge Elimination System (NPDES) program. The NPDES program 2019 Update
TTM No. 6I920|ZC No. 21-04
Initial Study

b
c
establishes a comprehensive storm water quality program to manage urban storm water and minimize pollution of the environment to the maximum extent practicable. The reduction of pollutants in urban storm water discharge through the use of structural and nonstructural Best Management Practices (BMPs) is one of the primary objectives of the water quality regulations.

BMPs that are typically used to management runoff water quality include controlling roadway and parking lot contaminants by installing oil and grease separators at storm drain inlets, cleaning parking lots on a regular basis, incorporating peak-flow reduction and infiltration features (grass swales, infiltration trenches and grass filter strips) into landscaping and implementing educational programs. The proposed project would incorporate appropriate BMPs during construction, as determined by the City of Lancaster Development Services Department.

Therefore, impacts would be less than significant.

The proposed project consists of the subdivision of 169 single-family residences lots and a zone change to change the zoning from R-10,000 and R-15,000 to R-7,000. Single family residences are not a use that would normally generate wastewater that violates water quality standards or exceeds waste discharge requirements. Therefore, impacts would be less than significant.

The proposed project would not include any groundwater wells or pumping activities. All water supplied to the proposed project would be obtained from Los Angeles County Waterworks District No. 40. Therefore, impacts would be less than significant.

Development of the proposed project would increase the amount of surface runoff as a result of impervious surfaces associated with the grading of the site. The proposed project would be designed, on the basis of a hydrology study, to accept current flows entering the property and to handle the additional incremental runoff from the developed sites. Therefore, impacts from drainage and runoff would be less than significant.

The project site is designated as Flood Zone X-Shaded per the Flood Insurance Rate Map (06037C0415F). Flood Zone X-Shaded is located outside of the 100-year flood zone but within the 500-year flood zone. Therefore, impacts would be less than significant.

The project site is not located within a coastal zone. Therefore, tsunamis are not a potential hazard. The project site is relatively flat and does not contain any enclosed bodies of water and is not located in close proximity to any other large bodies of water. Therefore, the proposed project would not be subject to inundation by seiches or mudflows. No impacts would occur.

The proposed project would not conflict or obstruct the implementation of the applicable water quality control plan or sustainable groundwater management plan. For additional information see responses X.a through X.c. Impacts would be less than signihcant. d.
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a.
b.

The proposed project consists of the construction and occupancy of 169 single-family residences and a zone change to change the zoning from R-10,000 and R-15,000 to R-7,000. The project site is located at the northeast corner of 55th Street West and Avenue K on vacant land. The proposed project would not block a public street, trail, other access route, or result in a physical barrier that would divide the community. Therefore, no impacts would occur.

The proposed project is consistent with the City's General Plan and must be in conformance with the Lancaster Municipal Code. The proposed project will be in compliance with the City-adopted Uniform Building Code (UBC) and erosion control requirements (Section VII). Additionally, as noted Section IV, the project site is not subject to and would not conflict with a habitat conservation plan or natural communities conservation plan. Therefore, no impacts would occur.

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
XI. LAND USE AND PLANNING. Would the project:
a) Physically divide an established community? X
b) Cause a significant environmental impact due to a
conflict with any land use plan, policy, or regulation
adopted for the purpose of avoiding or mitigating an
environmental effect?
X
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a-b. The project site does not contain any mining or recovery operations for mineral resources and no such activities have occu:red on the project site in the past. According to the LMEA (Figure 2-4 and page 2-8), the project site is not designated as Mineral Reserve 3 (contains potential but presently unproven resources). Additionally, it is not considered likely that the Lancaster area has large, valuable mineral and aggregate deposits. Therefore, no impacts to mineral resources would occur.

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
XII. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the
residents ofthe state?
X
b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
X
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TTM No. 6192012C No. 2l-04
Initial Study

a. The City's General Plan (Table 3-1) establishes an outdoor maximum CNEL of 65 dBA for residential uses. Table 8-1 I of the LMEA provides the existing roadway noise levels adjacent to the project site. The current noise levels in the vicinity of the project site is as follows: Avenue K between 60th Street West and 50th Street West is 59.5 dBA; 50th Street West between Avenue J and Avenue K is 59.5dBA; and on 60th Street West between Avenue J and Avenue K is 59.6 dBA. However, the project as proposed would not exceed the 65-dBA threshold. These are consistent with the standards of the General Plan. While this noise level is consistent with the standards of the General Plan additional features of the proposed project (e.g., landscaping, block walls, etc.) would ensure that the project remains in compliance with the General Plan.

Therefore, potential noise impacts associated with traffic from the proposed development and operational activities would be less than significant.

Construction activities associated with earth-moving equipment and other construction machinery would temporarily increase noise levels for adjacent land uses. Noise sensitive receptors are located immediately adjacent to the project site and construction noise would like be audible at these locations. However, all construction activities would occur in accordance with the City's noise ordinance with respect to days of the week and time of day and mitigation measures have been identified to reduce the noise generated by construction activities to the extent feasible. With incorporation of these measures, construction noise would still be audible but would not exceed established standards and impacts would be less than significant.

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
XIII. NOISE. Would the project:
a) Generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards ofother agencies?
X
b) Generation of excessive groundborne vibration or
groundborne noise levels? X
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public
airport or public use airport, would the project expose people residing or working in the project area to
excessive noise levels?
X
2019 Update
TTM No. 6l920lZC No. 21-04
Initial Study

Mitieation Measures

14. Construction operations shall not occur between 8 p.m. andT a.m. on weekdays or Saturday or at any time on Sunday. The hours of any construction-related activities shall be restricted to periods and days permitted by local ordinance.

15. The on-site construction supervisor shall have the responsibility and authority to receive and resolve noise complaints. A clear appeal process to the owner shall be established prior to construction commencement that will allow for resolution of noise problems that cannot be immediately solved by the site supervisor.

16. Electrically powered equipment shall be used instead of pneumatic or internal combustion powered equipment, where feasible.
17 . Material stockpiles and mobile equipment staging, parking and maintenance areas shall be located as far away as practicable from noise-sensitive receptors.

18. The use of noise producing signals, including horns, whistles, alarms, and bells shall be for safety warning purposes only.

19. No project-related public address or music system shall be audible at any adjacent receptor

20. All noise producing construction equipment and vehicles using intemal combustion engines shall be equipped with mufflers, air-inlet silencers where appropriate, and any other shrouds, shields, or other noise-reducing features in good operating condition that meet or exceed original factor specifications. Mobile or fixed "package" equipment (e.g., arc-welders, air compressors, etc.) shall be equipped with shrouds and noise control features that are readily available for the type of equipment.

It is not anticipated that the grading of the proposed project would require the use of machinery that generates ground-bome vibration as no major subsurface construction (e.g., parking gnage) is planned. No ground mounted industrial-type equipment that generates ground vibration would be utilized once the project is constructed and operational. Therefore, no impacts associated with ground-bome vibration/noise are anticipated.

The project site is not in proximity to an airport or a frequent overflight area and would not experience noise from these sources. Therefore, no impacts would occur. b
c.
2019 Update
TTM No. 6l920lZC No. 21-04
Initial Study

a.
b
The proposed project would result in an incremental increase in population growth; however, this increass was anticipated in both the City's General Plan and in the Southem California Association of Government's (SCAG's) most recent Regional Transportation PlarVSustainable Communities Strategy (RTP/SCS). Additionally, while it is likely that individuals involved in the construction of the proposed project or residing at the proposed project would come from the Antelope Valley any increase in population would contribute, on an incremental basis, to the population of the City. As such, impacts would be less than significant.

The project site is currently vacant. No housing or people would be displaced necessitating the construction of replacement housing elsewhere. Therefore, no impacts would occur.

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
XIV. POPULATION AND HOUSING. Would the project:
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new
homes and businesses) or indirectly (for example,
through extension ofroads or other infrastructure)?
X
b) Displace substantial numbers of existing people or
housing, necessitating the construction of replacement
housing elsewhere? X
2019 Update
TTM No. 6l920lZC No. 21-04
Initial Study

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less Than
Significant
Impact
No
Impact
XV. PUBLIC SERVICES.
a) Would the project result in substantial adverse physical impacts associated with the provision of new or
physically altered governmental facilities, need for new or physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain acceptable
service ratios, response times or other perforrnance
objectives for any ofthe public services:

Fire Protection? X
Police Protection? X
Schools? X
Parks? X
Other Public Facilities? X
a- The proposed project may increase the need for fire and police services during construction and operation; however, the project site is within the current service area of both these agencies and the additional time and cost to service the sites is minimal. The proposed project would not induce population growth and therefore, would not increase the demand on parks or other public facilities. Therefore, impacts would be less than significant.

Construction of the proposed project may result in an incremental increase in population (see Item XIIf and may increase the number of students in the Westside Union School District and Antelope Valley Union High School District. Proposition 1A, which governs the way in which school funding is carried out, predetermines by statute that payment of developer fees is adequate mitigation for school impacts. Therefore, impacts would be less than significant. 20 I 9 Update
TTM No. 6l920lZC No. 21-04
Initial Study

a-b. The proposed project would generate additional population growth and would contribute on an incremental basis to the use of the existing park and recreational facilities. However, the applicant would be required to pay park fees which would offset the impacts of the existing parks. The development of the proposed project would not require the construction of new recreational facilities or the expansion of existing ones. Therefore, impacts would be less than significant.

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less Than
Significant
Impact
No
Impact
XVI. RECREATION. Would the project:
a) Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the facility would occur or be accelerated?
X
b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the
environment?
X
2019 tlpdate
TTM No. 6192012C No. 21-04
Initial Study

a.
b
c
d.

The proposed project would not conflict with or impede any of the General Plan policies or specific actions related to alternative modes of transportation (Lancaster General Plan pgs. 5-18 to 5-24.) Therefore, no impacts would occur.

In July 2020, the City of Lancaster adopted standards and thresholds for analyzing projects with respect to vehicle miles traveled (VMT). A series of screening criteria were adopted and if a project meets one of these criteria, a VMT analysis is not required. These criteria are: 1) project site - generates fewer than 110 trips per day; 2) locally serving retail - commercial developments of 50,000 square feet or smaller; 3) project located in a low VMT area - 15% below baseline; 4) transit proximity; 5) affordable housing; and 6) transportation facilities.

The project site is located within a low VMT area; specifically, this area has a VMT which is at least l5%o below the Antelope Valley Planning Area (AVPA) threshold. As such, a VMT analysis is not required and no impacts would occur.

Street improvements are required as part of the conditions of approval and would ensure that traffic flows smoothly in the vicinity of the project site. No hazardous conditions would be created by these improvements. Therefore, no impacts would occur.

The project site would have adequate emergency access from 55th Street West and 52nd Street West. Therefore, no impacts would occur.

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
XVII. TRANSPORTATION. Would the project:
a) Conflict with a program, plan, ordinance, or policy
addressing the circulation system, including transit,
roadway, bicycle and pedestrian facilities?
X
b) Would the project conflict or be inconsistent with
CEQA Guidelines Section 15064.3, subdivision (b)? X
c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
X
d) Result in inadequate emergency access? X
2019 Update
TTM No. 6l920lZC No. 2l-04
Initial Study

a. One historic-period cultural resource was identified during the field study, the remains of an agricultural water system from the 1940s. No tribal cultural resources were identified by the Sacred Lands file search nor by any of the tribes contacted during the AB 52 process. However, the project site is located within a culturally sensitive area and mitigation measures have been requested by the tribes to identifu procedures and proper handling of any cultural resources which may be discovered during the course of construction. These mitigation measures have been included in the cultural resources section of this initial study. As such, no impacts would occur.

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
XVM. TRIBAL CULTURAL RESOURCES. Would the
project:
a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site,
feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of
historical resources as defined in Public Resources
Code Section 5020.1(k), or
X
ii) A resource determined by the lead agency, in its
discretion and supported by substantial evidence, to
be significant pursuant to criteria set for in
subdivision (c) of Public Resources Section 5tJ24.1.

In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead
agency shall consider the significance of the
resource to a California Native American tribe.
x
2019 Update
TTM No. 61920/ZC No. 21-04
Initial Study

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
XIX. UTILITIES AND SERVICE SYSTEMS. Would the
project:
a) Require or result in the relocation or construction or new or expanded water, wastewater treatment or storm water
drainage, electric power, natural g&S, or
telecommunications facilities, the construction or
relocation of which could cause significant
environmental effects?
X
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development
during normal, dry and multiple dry years?
X
c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it
has adequate capacity to serve the project's projected
demand in addition to the provider's existing
commitments?
X
d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impact the attainment of
solid waste reduction goals?
X
e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? X a.
b.

The proposed project would be required to connect into the existing utilities such as electricity, natural gas, water, wastewater, telecommunications, etc. These services already exist in the general area. Connections would occur on the project site or within existing roadways or right-of- ways. Connections to these utilities are assumed as part of the proposed project and impacts to environmental resources have been discussed throughout the document. As such, impacts would be less than significant.

The Los Angeles County Waterworks District No. 40 has not indicated any problems in supplying water to the proposed project from existing facilities. No new construction of water treatment or new or expanded entitlements would be required. Therefore, water impacts would be less than significant.
2019 Update
TTM No. 6I920|ZC No. 21-04
Initial Study

c.
d-e
The proposed project is located within the jurisdictional boundaries of the Los Angeles County Sanitation District No. 14. The proposed project would discharge to a local sewer for conveyance to the Districts' Avenue J West Trunk Sewer, located in Avenue J at 60th Street West. According to the letter dated November 8, 2021 from the Los Angeles County Sanitation Districts (LACSD), this 36-inch diameter trunk sewer has a design capacity of 15.9 million gallons per day (mgd) and conveyed a peak flow of 0.3 mgd when last measured in 2018. The project's wastewater would be treated at the Lancaster Water Reclamation Plant upon connection which has a design capacity of 18 mgd and currently processes an average water flow of 14.6 mgd. The expected wastewater flow from the proposed project is 43,940 gallons per day. Therefore, impacts would be less than significant.

Solid waste generated within the City limits is generally disposed of at the Lancaster Landf,rll located at 600 East Avenue F. This landfill is a Class III landhll which accepts agricultural, nonfriable asbestos, construction/demolition waste, contaminated soil, green materials, industrial, inert, mixed municipal, sludge, and waste tires. It does not accept hazardous materials. Assembly Bill (AB) 939 was adopted in 1989 and requireda25o/o diversion of solid waste from landfills by 1995 and a 50Yo diversion by 2005. ln 2011, AB 341 was passed which requires the State to achieve a 75Yo reduction in solid waste by 2030. The City of Lancaster also requires all developments to have trash collection services in accordance with City contracts with waste haulers over the life of the proposed project. These collection services would also collect recyclable materials and organics. The trash haulers are required to be in compliance with applicable regulations on solid waste transport and disposal, including waste stream reduction mandated under AB 341.

The proposed project would generate solid waste during construction and operation, which would contribute to an overall impact on landfill service (GPEIR pgs. 5.9-20 to 2l); although the project's contribution is considered minimal. However, the existing landfill has capacity to handle the waste generated by the project. Additionally, the proposed project would be in compliance with all State and local regulations regulating solid waste disposal. Therefore, impact would less than significant.
2019 Update
TTM No. 61920/ZC No. 21-04
Initial Study

a. See Item IX.f.
b-d. The project site is not located in or near state responsibility areas or lands classified as very high fnehazard severity zones. The project site is located within the service boundaries of an existing fire station which can adequately serve the project site. Other fire stations are also located in close proximity to the project site which can provide service if needed. Therefore, no impacts would occur.

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less Than
Significant
Impact
No
Impact
XX. WILDFIRE. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impact an adopted emergency response
plan or emergency evacuation plan? X
b) Due to slope, prevailing winds, and other factors,
exacerbate wildlife risks, and thereby expose project
occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
X
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency
water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
X
d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
X
2019 Update
TTM No. 6I920lZCNo. 21-04
Initial Study

a-c. The proposed project consists of the subdivision of approximately 38.9 acres into 169 individual lots for single-family residences in the R-I0,000 and R-l5,000 zones with a proposal to change the zoning to R-7,000. Other projects have been submitted within approximately one mile of the project site. These projects are also required to be in accordance with the City's zoning code and General Plan.

Cumulative impacts are the change in the environment, which results from the incremental impact of the project when added to other closely related past, present and reasonably foreseeable projects.

The proposed project would not create any impacts with respect to: Agriculture and Forest Resources, Energy Resources, Land Use and Planning, Mineral Resources, Transportation, Tribal Cultural Resources, and Wildfire. The project would create impacts to other resource areas and mitigation measures have identified for Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards andHazardous Materials, and Noise. Many of the impacts generated by projects are site specific and generally do not influence the impacts on another site. All Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
XXI. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to substantially degrade the quality of the environment, substantially
reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal
community, substantially reduce the number or restrict
the range of a rare or endangered plant or animal or
eliminate important examples of the major periods of
California history or prehistory?
X
b) Does the project have impacts that are individually
limited, but cumulatively considerable? ("Cumulative
considerable" means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects, the effects of other current projects, and the effects of probable future
projects)?
X
c) Does the project have environmental effects which will cause substantial adverse effects on human beings,
either directly or indirectly?
X
2019 Update
TTM No. 6l920lZC No. 21-04
Initial Study

projects undergo environmental review and have required mitigation measures to reduce impacts when warranted. These mitigation measures reduce environmental impacts to less than significant levels whenever possible. All impacts associated with the proposed project are less than significant with the exception of air quality, biological resources, cultural resources, geology and soils (soil erosion), hazards and hazardous materials, and noise. Impacts associated with these issues are less than significant with the incorporation of the identified mitigation measures.

Therefore, the project's contribution to cumulative impacts would not be cumulatively considerable.

Table 6
Related Projects List
Case No. Location APNs Acres Description Status
TTM No. 71210
/ZC No. 22-01
Between Avenue
K and Avenue
K-8 on the east
side of 55th
Street West
3204-010-054,
-055, -062, -
063;3204-
01 l-033, -034,
-059

40.4 Subdivision of 169
single-family lots and a
Zone change from R-
10,000 to R-7,000
Submitted
TTMNo.61600 57th Street West
and Avenue L
3204-006-084,
-090, -091

6.87 Subdivision of 33 single-
family residential lots
Submitted
TTM No. 53642
/CUP No. 22-08
East of 60th
Street West,
north of Avenue
K-8 and south of
West Avenue K-
4 3204-009-026,
3204-009-079,
3204-009-081

32.9 Subdivision
single-family
lots
of 218
residential
Submitted
TTM No. 832321
VAR No. 21-02
NWC of 60th
Street West and
Avenue K-12
3204-008-048 20 Subdivision of 86 single-
family residential lots
Approved
Avanti North/
TTM No. 73507
SP No. 15-01
South of West
Avenue K, North
of Avenue K-8,
east of 70th
Street West, and
west of 60th
Street West
3204-002-126 238.25 Specific Plan including
753 single-family
residences, two public
parks, and open space
Approved
Avanti South/
TTM No. 74312
SP No. 15-02
62nd St W, 75th
St W, Ave K-8,
Ave L
3204-008-045,
-047;3204-
001-184, -195.
307.7 Specific Plan including
1,375 single-family
homes and 325 multi-
family units
Approved
2019 Update
TTM No. 61920/ZC No. 2l-04
Initial Study

List of Referenced Documents and Available Locations*:

CRS
Biological Resource Assessment of APNs 3203-016-035,
036, and 037,Lancaster, California, September 19, 2021, Mark Hagan
A Phase I Cultural Resource Survey for 55th Street West and Avenue K, Tentative Tract 61920, City of Lancaster,
Califomia, January 2022, Hudlow Cultural Resource
Associates
Phase I Environmental Site Assessment Report, Tentative Tract Map No. 61920, Avenue K and 55th Street West,
Lancaster, CA93536, August 24,2021, Partner Engineering and Science, Inc
Flood Insurance Rate Map
Lancaster General Plan Environmental Impact Report
Los Angeles County Sanitation Districts, November 8,2021 Lancaster General Plan
Lancaster Municipal Code
Lancaster Master Environmental Assessment
State SeismicHazard Zone Maps
Traffic CEQA Form, December 3,2021
United States Geological Survey Maps
United States Department of Agriculture
Soil Conservation Service Maps
ESA
BRR:
/
FIRM:

GPEIR:

LACSD:

LGP:

LMC:

LMEA:

SSHZ:

TRA
USGS:

USDA SCS:

DSD
DSD
DSD
DSD
DSD
DSD
DSD
DSD
DSD
DSD
DSD
DSD
DSD
* DSD: Development Services Department
Community Development Division
Lancaster City Hall
44933 Fern Avenue
Lancaster, California 93 53 4
2019 Update

STAFF REPORT
City of Lancaster
PH 2
12/13/2022
JC
Date: December 13, 2022
To: Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director - Development Services Chenin Dow, Senior Manager - Real Estate & Economic Development Christopher Aune, Housing Manager - Real Estate and Economic Development Subject: First Time Homebuyer Program
Recommendations:

1. Adopt Resolution No. 22-61, implementing the First Time Homebuyer Program.

2. Authorize the City Manager or his designee to execute all related documents.

3. Authorize the City Manager or his designee to negotiate and execute individual loan agreements of up to $150,000.00 each with qualified homebuyers under the parameters of the First Time Homebuyer Program, up to a maximum cumulative amount of $1,657,393.00, with the concurrence of the City Attorney.

4. Appropriate $981,261.00 from fund balance 391-2900-000 to expenditure account number 391-4792-355 for the First Time Home Buyer Program expenses.

Fiscal Impact:
$1,657,393.00; with these actions, sufficient funds will be available in expenditure account 391- 4792-355; sourced from the City’s allocation of U.S. Department of Housing and Urban Development (HUD) HOME Investment Partnership Program (HOME) funding. These funds are designed for exclusive use in affordable housing activities.

Background:

Amidst drastic increases in both housing prices and interest rates in recent years, low and moderate-income families in Lancaster have found it increasingly difficult to purchase a home.

The proposed First Time Homebuyer (FTHB) Program was formulated to help these families overcome the obstacles standing in the way of homeownership. 1 0
9 8
The First Time Homebuyer (FTHB) Program will assist low-income families and individuals who wish to purchase a home, but are unable to secure a sufficient down payment to qualify for an affordable loan. The intent of this program is to offset some of the impact of high housing costs on low-income households, while encouraging investment in the community and helping to eliminate overcrowding in individual housing units. A Program loan provides down payment assistance in the form of a silent second mortgage to eligible first-time homebuyers within the Lancaster City limits.

The FTHB loan is a down-payment assistance second mortgage which becomes forgivable over time. The maximum amount of program assistance will be based on the lesser of: (1) the amount required to maintain a 33% front-end ratio (financing gap); (2) 40% of the sales price of the property, inclusive of eligible closing costs or (3) $150,000.00.

The current maximum purchase price permitted under the Program is $570,000.00 for both new and existing homes (values effective June 1, 2022). These maximum purchase price values are in conformance with the requirements of 24 CFR 92.254(a)(2)(iii), but are adjusted annually or through a request to HUD.

This FTHB loan is a non-interest-bearing loan, with repayment deferred until the sale, transfer, lease, or encumbrance of all or any interest in the Property without the City’s prior written consent, upon a declaration of default of the Affordable Housing Restriction, or the triggering of an acceleration clause of the promissory note. FTHB Program loans will incorporate forgiveness terms on all promissory notes. Loan amounts will be forgiven at a rate of ten percent (10%) per completed year, starting with year six (6), further defined as the 61st month through the 72nd month, and continuing for the remaining ten (10) years, further defined as the 73rd month through the 180th month, coinciding with the term of affordability. This forgiveness schedule results in a 100 percent grant at the end of year 15, further defined as at the end of the 180th month.

An eligible homebuyer (i) must be a first-time homebuyer (not having owned a principal residence within three years from the date of program application), (ii) may not own other residential property, and (iii) must have a household income not exceeding 80% of area median income (currently $95,300.00 for a family of four). The applicant also must (i) attend a City-approved Homebuyer Education Training class and (ii) secure pre-approval of a 30-year fixed rate first mortgage loan from a lender and have satisfactory credit and job/income stability. Applicants also must contribute at least 3% of the home purchase price.

In order to be eligible for funding, applicants’ household income must fall below 80% of the County median income, which is published each year. The limits for 2022 are listed below:

Low-Income (80% of Area Median) *
Household Size Income Limit
1 $66,750
2 $76,250
3 $85,800
4 $95,300
5 $102,950
6 $110,550
7 $118,200
8 $125,800
1 0
9 8
Based on 2022 Median Income for Los Angeles County. (Effective June 15, 2022) The FTHB Program seeks to provide financial assistance to qualified buyers who would not otherwise be able to afford a home in the City. For example, an individual may obtain a “pre- qualification” letter from a primary lender in the amount of $250,000.00. The individual, however, can only find homes that are priced at $375,000.00. In this scenario, the City’s FTHB Program would be utilized to provide the down payment and closing costs of up to $150,000 in order to allow the individual the ability to purchase the home.

The FTHB Program is 100% grant funded by HUD HOME funds and includes the cost to administer the grant.

CA/sm

Attachments:

Resolution No. 22-62
Exhibit A: Program Policies and Procedures
2 9
9 3
RESOLUTION NO. 22-62

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LANCASTER, CALIFORNIA, IMPLEMENTING THE FIRST

TIME HOMEBUYER PROGRAM
WHEREAS, the City of Lancaster wishes to promote the benefits of home ownership to its residents by utilizing funds from the U.S. Department of Housing and Urban Development (“HUD”) HOME Investment Partnerships Program (“HOME”); and

WHEREAS, the City Council now wishes to create the First Time Homebuyer Program (Program) and provide financial assistance from the HOME fund account (391-4792-355) in the amount of $1,657,393.00 to a new Homebuyer account to fund individual loan amounts up to a maximum amount of $150,000.00; and
WHEREAS, the City of Lancaster's 2022-2023 HUD Annual Action Plan included funds for a First Time Home Buyer Program.

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

Section 1. First Time Homebuyer Program will provide funds for eligible first-time homebuyers in the City of Lancaster (City) as described in the attached program guide (Exhibit “A”).

Section 2. To implement and operate the program, the City Manager or his designee, is hereby authorized to execute all necessary agreements, and documents related to the program. 2 9
9 3
Resolution No. 22-62

PASSED, APPROVED, and ADOPTED this _______of ________________, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:

ANDREA ALEXANDER, ER
City Clerk
City of Lancaster
R. REX PARRIS
Mayor
City of Lancaster

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

CITY OF LANCASTER
)
) ss
)

CERTIFICATION OF RESOLUTION

CITY COUNCIL
I, , City of Lancaster,
California, do hereby certify that this is a true and correct copy of the original Resolution No. 22-62, 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)

City of Lancaster TOC-i Policies and Procedures
©MDG Associates, Inc. 2022 Adopted – May 2022

CITY OF LANCASTER

FIRST TIME HOMEBUYER PROGRAM

Table Of Contents

SECTION I: INTRODUCTION TO THE FIRST TIME HOMEBUYER PROGRAM ..................... 1 A. Purpose of the FTHB Program Policies and Procedures ................................ ................. 1 B. Program Summary ................................ ................................ ................................ .......... 1 C. Marketing Plan ................................ ................................ ................................ ................ 2

SECTION II: PROGRAM REQUIREMENTS ................................ ................................ ............. 3 A. Overview ................................ ................................ ................................ ......................... 3 B. Definitions ................................ ................................ ................................ ....................... 3 C. FTHB Loan ................................ ................................ ................................ ...................... 5 D. Loan Requirements ................................ ................................ ................................ ......... 6 E. Terms of the Program Loan ................................ ................................ ............................. 7 F. Affordability ................................ ................................ ................................ ..................... 8 G. Application Procedures ................................ ................................ ................................ .... 8 H. Applicant Processing ................................ ................................ ................................ ....... 9 I. Applicant Eligibility Requirements ................................ ................................ .................... 9 J. Determining the Amount of Home Down Payment Assistance ................................ ........13 K. First Time Homebuyer Education ................................ ................................ ...................14 L. Purchase Price Requirements and Maximum Purchase Price Limits .............................. 14 M. Eligible Dwelling ................................ ................................ ................................ .............14 N. Relocation Requirements ................................ ................................ ............................... 15 O. Flood Insurance Requirements ................................ ................................ .......................15 P. Housing Quality Standards Requirements ................................ ................................ ......15 Q. Lead Based Paint (LBP) ................................ ................................ ................................ .16 R. Owner–Occupancy and Insurance Recertifications ................................ ........................17

SECTION III: PROGRAM ADMINISTRATION AND PROCEDURES ................................ ......19 A. Administration................................ ................................ ................................ .................19 B. Application ................................ ................................ ................................ ......................19 C. Loan Procedures ................................ ................................ ................................ ............20

SECTION IV: FTHB POLICY DISCUSSIONS ................................ ................................ ..........29 A. Primary Lender Loan Charges and Fees ................................ ................................ ........29 B. FTHB Loan Revocation ................................ ................................ ................................ ..29

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C. Transfer of FTHB for Mortgage Assumptions................................ ................................ ..29 D. Transfer of A FTHB Loan Applications to Another Lender ................................ ..............29 E. Assignment of FTHB Loan Commitment for Funding ........ Error! Bookmark not defined.

F. Changing Properties During FTHB Application Process ................................ .................30 G. Resubmission of FTHB Certificate Applications Returned or Rejected ...........................30 H. Changes Prior to Closing ................................ ................................ ................................ 30 I. Records Retention ................................ ................................ ................................ ..........31 J. Non-Discrimination ................................ ................................ ................................ .........31 K. Title VI of the Civil Rights Act of 1964 ................................ ................................ .............31 L. Policies and Procedures Changes and Modifications ................................ .....................31

FIRST TIME HOMEBUYER FORMS
FTHB-1 Initial Reservation Request
FTHB-2 Application Affidavit
FTHB-3 Buyer Closing Affidavit
FTHB-4 Lender’s Closing Certificate

FIRST TIME HOMEBUYER EXHIBITS
Exhibit 1 File Control Sheets
Exhibit 2 Program Application
Exhibit 2A Program Application Letter
Exhibit 3 Part 5 Income Determination Worksheet
Exhibit 4 IRS Form 4506-T
Exhibit 5 Applicant Status Checklist
Exhibit 6 Loan Review Committee Transaction Summary
Exhibit 7 Loan Review Committee Loan Approval Schedule
Exhibit 8 Protect Your Family from Lead in Your Home-Pamphlet (English and Spanish)
Exhibit 9 Confirmation of Receipt of LBP Pamphlet
Exhibit 10 Arm's Length Purchase Offer
Exhibit 11 Lead Based Paint Contract Contingency Language Exhibit 12 Lead Based Paint Hazard Disclosure Form
Exhibit 13 Environmental Review Exempt-CENST
Exhibit 14 Lead Based Paint Consultant Service Request
Exhibit 15 Lead Hazard Evaluation Report (HHS Form 8552) Exhibit 15B Notice of Lead Hazard Evaluation
Exhibit 16 Abatement of Lead Hazards Notification (HHS Form 8551)

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Exhibit 16B Notice of Lead Hazard Reduction
Exhibit 17 Lead Based Paint - Seller Certification
Exhibit 18 LBP Document Checklist
Exhibit 19 Property Inspection Form and LBP Visual Assessment Form Exhibit 20 Mortgage Credit Analysis Worksheet - HUD 92900-WS Exhibit 21 HOME Participation Agreement
Exhibit 22 Good Faith Estimate Form
Exhibit 23 HOME Promissory Note
Exhibit 24 HOME Deed of Trust
Exhibit 25 Truth in Lending Statement
Exhibit 26 Request for Notice of Default
Exhibit 27 Affordable Housing Restriction
Exhibit 28 Acknowledgement of Subordination Policy
Exhibit 29 Subordination Request Procedure
Exhibit 30 Request for Refinance and Subordination
Exhibit 31 Homebuyer Program Announcement
Exhibit 32 Fair Lending Notice

ADDENDUMS
Addendum 1 Lancaster 2022 HOME Income-Subsidy-Purchase Price Limits Addendum 2 Lancaster - Part 5 Income Determination Criteria Addendum 3 HUD Settlement Cost Booklet (Spanish)
Addendum 4 Housing Quality Standards
Addendum 5 Technical Guide for Determining Income - HOME Addendum 6 HOME FTHB Flowchart
Addendum 7 Sample Settlement Statement

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CITY OF LANCASTER

FIRST TIME HOMEBUYER PROGRAM

HOME FUNDED

POLICIES AND PROCEDURES

SECTION I: INTRODUCTION TO THE FIRST TIME HOMEBUYER PROGRAM

A. PURPOSE OF THE FTHB PROGRAM POLICIES AND PROCEDURES

The purpose of this First Time Homebuyer Program (the “FTHB” or the “Program”) Policies and Procedures manual is to describe the program and set forth the roles of the City of Lancaster (the "City"), Participating Lenders, the Program Administrator (the "Administrator"), and Program Applicants. This manual contains a description of the FTHB Program requirements, processing procedures, and program policies. The borrower, purchase price, and mortgage un derwriting requirements as set forth in federal regulations and City policies are also described. FTHB processing forms are included as exhibits to this document, and additional program information is contained in the Addendums. The City may revise these guidelines from time to time, and notice will be given by the City only for significant program changes.

Participating Lenders are expected to be well informed about all local, state and federal requirements as set forth in this Manual. All staff involved in the Program must be knowledgeable regarding these requirements before a Program application is accepted. A Lender shall disqualify those applicants where the submitted information indicates that the applicant or the proposed residential acquisition does not qualify for the program.

B. PROGRAM SUMMARY

The First Time Homebuyer Program has been designed to assist low -income families and individuals who wish to purchase a home, but are unable to secure a sufficient down payment to qualify for an affordable loan. The intent of this program is to offset some of the impact of high housing costs on low -income households, while encouraging investment in the community and helping to eliminate overcrowding in the City of Lancaster. A Program loan provi des down payment assistance in the form of a silent second mortgage to eligible first time purchasers in the City of Lancaster.

The City of Lancaster receives an allocation of funds from the U.S. Department of Housing and Urban Development (“HUD”) HOME Investment Partnerships Program (“HOME”), provided under the authority of the HOME Investment Partnership Act, Title II of the Cranston-Gonzales National Affordable Housing Act, as amended, 42 U.S.C. 12701 et seq. The City is making financial assistance available through its HOME funded First Time Homebuyer Program to assist eligible persons and families of low-income to obtain housing at affordable housing cost . Additionally, the Program assists the City's efforts to achieve implementation of its housing objectives, and to increase, preserve and improve decent housing and suitable living conditions for persons of low- income.

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C. MARKETING PLAN

The public will be informed about the Program by the mailing of press releases and notices, newspaper announcements and by distributing informational brochures. The Program will also be advertised on the City web-site and by other means as they become available. Program staff will provide eligibility requirements to interested applicants. Program staff will also publish a brochure explaining the Program and its guidelines, and will provide a program summary with eligibility requirements as part of the application packet.

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SECTION II: PROGRAM REQUIREMENTS

A. OVERVIEW

The Applicant, Purchase Price, and Loan Underwriting requirements discussed in this section are incorporated into the Program documents contained as Exhibits to this manual. All Applicants and Program participants must complete and sign the appropriate Program documents and attest to their validity. The Lender will be required to submit certifications on which it will state that to the best of its knowledge material misstatements do not appear in the Program application and other Program documents. If th e Lender becomes aware of Applicant misstatements, whether negligently or willfully made, it must notify the City immediately. The City will take all appropriate actions to enforce Program requirements.

The Lender should also be aware of, and advise Applicants that penalties are provided by Federal and California law if a person makes a false statement or misrepresentation to obtain participation in this Program. In an attempt to ensure that all requirements are clear, Affidavits are required of each Applicant (See forms: FTHB-1, FTHB-2, FTHB-3, and FTHB-4).

B. DEFINITIONS

As used in this Program Manual and all Program documents, unless the context requires otherwise, the following words and terms shall have the meanings set forth below:

ACQUISITION COST: Acquisition Cost is used interchangeably with Purchase Price.

AFFIDAVIT: Means a statement filed in connection with the Program made under oath and subject to penalties of perjury.

AFFORDABLE HOUSING RESTRICTION : The recordable agreement which contains the covenants, conditions, and restrictions imposed as a result of the provision of HOME loan assistance to a Participant, which must be observed and adhered to during the Participant’s ownership of the HOME assisted Property.

APPLICANT: Any person or persons who apply for a FTHB loan under the Program.

CITY: The City of Lancaster, California.

COUNTY: The County of Los Angeles, California

DATE OF PARTICIPATION APPROVAL: The date the Initial Reservation Request is signed by the City.

ELIGIBLE APPLICANT: Any person meeting the criteria for an eligible borrower as set forth in this Manual who is in the process of securing financing for the purchase of a Principal Residence.

ELIGIBLE DWELLING : Real property located in Lancaster which includes: (1) a new (not previously occupied) single family detached home, condominium, townhome, or manufactured housing on a permanent foundation with permanent utility hook-ups or; (2) an existing (which has been previously occupied) single family detached home, condominium, to wnhome, or manufactured housing on a permanent foundation with permanent utility hook -ups; designed as

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a residential unit for one household, and which meets the criteria set forth in this Manual. An Eligible Dwelling must be acquired by the Participant for owner-occupancy and upon acquisition be used as the principal residence of the Applicant.

Homes, which are rental units at the time they are listed for sale, are not eligible under the Program unless the current renter is the purchaser. Program Participants are allowed to purchase non-owner occupied units, as long the units have been vacant for at least 90 days prior to the offer to purchase.

EXISTING HOME: Means a single-family, condominium or townhouse dwelling unit that has been previously occupied prior to City loan commitment.

INCOME: The gross income of a mortgagor (or mortgagors) is the mortgagor's annualized gross income over the next 12 months. Annualized gross income is gross monthly income multiplied by 12. Income shall be considered i n accordance with the requirements of 24 CFR Part 5 as delineated in Addendum 2 and in conformance with the Technical Guide for Determining Income and Allowances for the HOME Program (Addendum 5). The income to be taken into account in determining gross income is income of the mortgagor (or mortgagors) and any other person who is expected to both (1) live in the residence being financed and (2) to be secondarily liable on the mortgage. If the co -borrower, co-signer or co-habitor meets both requirements in the sentence above, include his/her income in your gross income calculations. Income includes the income of all household members inclusive of dependent children over 18 years of age.

LENDER: Any direct funding financial institution w hich is licensed to do business in the State, and has met all of the requirements established by the City to participate as a Lender in the FTHB Program.

NEW HOME: Means a single -family, condominium or townhouse dwelling unit that has never been previously occupied prior to City loan commitment.

NEW MORTGAGE LOAN : A new mortgage originated in conjunction with a Program loan; a mortgage that has not been transferred or assumed.

OWNERSHIP INTEREST: Any of the following interests in residential real property:

a. Fee simple interest;
b. Joint tenancy;
c. Tenancy in common;
d. Life estate;
e. Interest held in trust for the Applicant that would constitute a present ownership interest if held by the Applicant. Ownership does not include a remainder interest, a lease w ith or without an option to purchase, an expectancy to inherit an interest in a Principal Residence, or any interest acquired on the execution of the purchase contract.

PARTICIPANT: An approved Applicant that is funded with a FTHB program loan.

PRIMARY LOAN: A purchase money loan used to acquire a residential property for which the FTHB loan is provided. The loan is provided to an Eligible Applicant to finance the purchase of an Eligible Dwelling, which meets the City requirements set forth in this Manual.

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PRINCIPAL RESIDENCE: This is the home where the Participant will principally live. A temporary absence due to special circumstances, such as illness, education, business, military service, or vacation will not change the principal residence status, provided that any temporary absence in excess of 14 days must be approved in writing by the City . The Applicant must occupy the Principal Residence as their permanent residence.

PROGRAM STAFF: The City of Lancaster staff or any designee appointed by the City.

PURCHASE PRICE : The cost of acquiring the residence, excluding usual and reasonable settlement or financing costs, and excluding the value of services performed by mortgagor in completing the acquisition of the residence.

RELATED PERSON: A "related person," as that term is defined under the Internal Revenue Code and applicable regulations: siblings, spouses, ancestors and lineal descendants or entities that are more than 50% owned by the Applicant or any other Related Persons.

SINGLE-FAMILY RESIDENCE: A housing unit intended for and used for occupancy by one household.

C. FTHB LOAN

The FTHB loan is a down-payment assistance second mortgage. The maximum amount of program assistance will be based on the lesser of : (1) the amount required to maintain a 33% front end ratio (financing gap), (2) 40% of the sales price of the property , inclusive of eligible closing costs or (3) $150,000.

See Exhibits 6 and 20 for calculation and approval of Gap financing.

The maximum purchase price for the property being acquired may not exceed the current HOME Maximum Purchase Price limits established in accordance with the requirements of 24 CFR

92.254(a)(2). The current maximum purchase price permitted under the Program is $570,000 for Existing Homes and $570,000 for New Homes (values effective June 1, 2022). These maximum purchase price values are in conformance with the requirements of 24 CFR 92.254(a)(2)(iii) but are adjusted annually or through a request to HUD.

The amount of potential HOME loan assistance which can be provided, when considered with the maximum purchase price values is in conforman ce with regulatory requirements, and does not exceed the currently established Section 221(d)(3) HOME subsidy limits per unit (see Addendum 1).

This FTHB loan is a non-interest-bearing loan, with repayment deferred until the sale, transfer, lease, or encumbrance of all or any interest in the Property without the City’s prior written consent, upon a declaration of default of the Affordable Housing Restriction , or the triggering of an acceleration clause of the promissory note . FTHB Program loans will i ncorporate forgiveness terms on all promissory notes. Loan amounts will be forgiven at a rate of ten percent (10%) per completed year, starting with year six (6), further defined as the 61 st month through the 72 nd month, and continuing for the remaining ten (10) years, further defined as the 73rd month through

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the 180th month, coinciding with the term of affordability, resulting in a 100 percent grant at the end of year 15, further defined as at the end of the 180th month.

The FTHB Loan is not assumable except under the following limited circumstances:

a. The transfer of the Property to the surviving joint tenant by devise, descent or operation of the law, on the death of a joint tenant.

b. A transfer of the Property where the spouse becomes an owner of the property;

c. A transfer of the Property resulting from a decree of dissolution of marriage, legal separation or from an incidental property settlement agreement by which the spouse becomes an owner of the Property.

d. A transfer to an inter vivos trust in which the Borrower is and remains the beneficiary and occupant of the property.

D. LOAN REQUIREMENTS

1. Primary Loan Requirements: A FTHB Loan may only be issued in conjunction with a New Mortgage Loan. The Lender must obtain from the Applicant, using the Program affidavits, a statement to the effect that the mortgage being acquired, in connection with the FTHB Loan, will not be used to acquire or replace an existing mortgage or land sales contract.

2. Transferability: The FTHB loan is not transferable.

3. Secondary Market: The lender must determine whether a subsidized financing program meets Fannie Mae requirements . To sell primary mortgage loans to Fannie Mae where such assistance is provided, the lender must execute and submit a specific warranty for the particular subsidized financing program. The lender will also be responsible for determining if the FTHB loan meets Freddie Mac, FHA and VA requirements.

4. Any direct lender can be a First Time Homebuyer Program Lender, as long as they meet and follow all FTHB program requirements. When developed, a lender list of previous participating lenders shall be made available to buyers, when requested.

5. Primary Loan Terms: The primary loan must be a fixed rate, 30 year fully amortized loan, with terms, loan conditions, and costs consistent and competitive with current market conditions.

6. Participants in the First Time Homebuyer Program must contribute a minimum of 3% of the Acquisition Cost toward the purchase transaction, and additional funds as available for closing costs. The City assistance for eligible Participants shall be the lower of:

a. The level of Program Loan funding that will result in a monthly housing expense which does not exceed the established maximum front end ratio of 33% (financing gap) in addition to reasonable closing costs.
b. Up to 40% of the purchase price as a down-payment in addition to reasonable closing costs on an as-needed basis to qualify for the first loan and to make the monthly payment affordable for the 30 year term of the primary loan; or,

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c. No more than $150,000.

The City Loan in conjunction with the Primary Loan and the Applicant down-payment amounts must provide sufficient resources to address all property acquisition costs. In the event that the total resources available is insufficient to close escrow, the City Loan will not be approved.

In limited circumstances, on a case by case basis, City Loan funding consideration will be provided to first lender approvals which fall outside of this affordability standard , based on exceptional mitigating circumstances.

7. The Primary Lender must provide to the Applicant the maximum loan amount available at a market competitive fully amortized fixed rate , based on its underwriting and review of their capacity. The Applicant must accept the maximum loan amount offered by the Primary Lender.

E. TERMS OF THE PROGRAM LOAN

1. The City second mortgage is a non-interest (0%) bearing loan, with all payments deferred until sale, transfer, lease, or encumbrance of all or any interest in the Property without the City’s prior written consent, upon a declaration of default of the Affordable Housing Restriction, or the triggering of an acceleration clause, whichever occurs first.

2. FTHB Program loans will incorporate forgiveness terms on all promissory notes. Loan amounts will be forgiven at a rate of ten percent (10%) per completed year, starting with year six (6), further defined as the 61 st month through the 72 nd month, and cont inuing for the remaining ten (10) years, further defined as the 73rd month through the 180th month, coinciding with the term of affordability, resulting in a 100 percent grant at the end of year 15 , further defined as at the end of the 180th month.

3. An acceleration clause shall be in effect when the property is no longer the borrower's principal residence, upon transfer, upon failure to report changes, including but not limited to additions, fire and vandalism, borrower failure to maintain current payments on the primary loan or other obligations secured by the property, borrower failure to maintain current payments on property taxes, borrower failure to maintain and submit verification of hazard insurance, or upon discovery of willful misrepresentations in connection with the program.

4. A Promissory Note shall evidence the City Loan and a Deed of Trust on the property shall secure the City Loan.

5. The borrower shall maintain current payments on all obligations secured by the property, including, but not limited to, the first deed of trust, property taxes, and hazard insurance.

6. Borrowers may request a temporary waiver of the principal residence requirement in situations involving extreme hardship. The granting of such waiver is exceptionally limited and shall be at the sole discretion of the City. Rental of the property shall be prohibited without the express written consent of the City.

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F. AFFORDABILITY

Properties assisted with HOME First Time Homebuyer funds are required to remain affordable for a minimum designated length of time. In compliance with the provisions of 24 CFR 92.254(a)(4), the affordability for all HOME assisted Program loans by the City is designated as 15 years for existing construction and 20 years for new construction.

If there is a property sale, transfer, or program default of the conditions of the promissory note or the Affordable Housing Restriction , the City will provide for the recapture of HOME funds in accordance with the following:

1. Upon the occurrence of a sale, transfer, or program default of the conditions of the promissory note or the Affordable Housing Restriction, the entire amount of the HOME investment provided by the City loan will be due to the City.

2. Notwithstanding the preceding, In the event that the Net Proceed s resulting from a sale are not sufficient to provide for the full return of the Borrower’s investment inclusive of the original down payment and capital improvements performed on the acquired property (subject to City verification and approval), then the Borrower shall be entitled to recover their original down payment amount and City approved capital improvement amounts before the City recapture of the HOME investment amount (the City Loan). For the purposes of this calculation, net proceeds shall mean the sales price minus the repayment of the Primary Loan undertaken to acquire the Property (other than HOME funds) and any closing costs. Capital improvements means those improvements legally made by Homeowner to the Property after the closing of Homeowner’s purchase of the Property, with a minimum cost of Two Thousand Five Hundred Dollars ($2,500) per item, and a useful remaining economic life of not less than five (5) years, as approved by the City and documented by invoices and receipts which the Homeown er certifies to be true and correct.

G. APPLICATION PROCEDURES

The Program A pplication must be accompanied by the following documents in order to be considered a complete and acceptable application package:

1. Completed City of Lancaster First Time Homebuyer Application

2. Photo IDs for all adult household members (those 18 years of age and older)

3. Signed copies of last three (3) years federal tax returns

4. Copies of three (3) consecutive months current pay stubs

5. Last three (3) consecutive months of bank statements and asset statements

6. Documentation in the form of a bank statement or other acceptable asset statement s, of seasoned cash funds (90 days) available for borrower’s down payment and closing costs

7. Signed 4506-T

8. Signed Fair Lending-ECOA Notice

9. Applicant signed Income Verification Form and signed Employment Verification Form

An application will not be considered complete if any of the above items are not received at the time of application submission. There will be no exceptions to this rule.

Upon receipt of a complete application package, Program Staff will:

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1. Review submitted application materials to determine Program participation eligibility.

2. Package applications for Loan Review Committee approval.

3. Prepare Exhibits 6 and 7 for Loan Review Committee consideration

4. Conduct the Loan Review Committee meeting.

5. Notify applicant of the Loan Review Committee determination.

H. APPLICANT PROCESSING

All Program Applications will be processed by program staff in the priority order established by the date of receipt of a completed application (first come, first served).

I. APPLICANT ELIGIBILITY REQUIREMENTS

Applicant means any person or persons meeting the criteria for an eligible borrower set forth in these Guidelines who is in the process of securing financing for the purchase of a Principal Residence.

The Applicant must meet credit and underwriting criteria established by the Participating Lender providing the primary mortgage loan, taking into account the value of the FTHB loan. The applicant household shall have sufficient income and credit worthines s to qualify for primary financing as defined by their selected lender. The household shall also have sufficient assets to provide a minimum down payment of three percent (3%) of the acquisition cost of the property and if necessary, the payment of all applicable closing costs not addressable by the City Program Loan. Provided that the Participating Lender provides for a lower down payment requirement, at the sole discretion of the City, this requirement may be modified or waived in order to allow households meeting all other eligibility criteria to participate in the program.

Household assets shall not exceed the combined total of applicant’s portion of the down payment, estimated closing costs, up to twelve months total monthly housing costs, and an eme rgency allowance of 12 months of household expenses in additional liquid or convertible assets. Co- owners, other than owner occupants, will not be permitted. This rule is included to prohibit investors from utilizing qualified persons to purchase property for their own investment purposes.

Conflict of Interest

No person who is an employee, agent, consultant, officer, or elected official or appointed officia l of the City who exercise or have exercised any functions or responsibilities with respect to this HOME assisted Program or who are in a position to participate in a decision -making process or gain inside information with regard to these activities may ob tain a financial interest or financial benefit from a HOME-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to the HOME-assisted activity, or the proceeds from such activity, either for themselves or t hose with whom they have business or immediate family ties, during their tenure or for one (1) year thereafter. Immediate family ties include (whether by blood, marriage or adoption) the spouse, parent (including a stepparent), child (including a stepchild ), brother, sister (including a stepbrother or stepsister), grandparent, grandchild, and in -laws of a covered person.

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First Time Homebuyer

Based on applicable federal and state regulations, in order to qualify for a FTHB loan, a borrower must also meet the following requirements:

1. THREE YEAR NON-OWNERSHIP REQUIRMENTS

The Applicant applying for a Program loan cannot have had an ownership interest in a Principal Residence at any time during the three -year period ending on the date the Program Loan is executed. This requirement qualifies the borrower as a "first-time homebuyer" under federal law.

The Lender must obtain from the borrower an affidavit to the effect that the borrower had no ownership interest in a Principal Residence at any time during the three -year period prior to the date on which the mortgage relating to FTHB loan is executed. This must be verified by the Lender's examination of the borrower's federal tax returns for the preceding three (3) years, to determine whether the borrower has claimed a deduction for mortgage interest or taxes on a Principal Residence.

To demonstrate compliance with this three -year requirement, Applicant(s) must complete and sign the FTHB Program affidavits and provide copies of their last three (3) years of signed state and federal tax returns (or acceptable alternative exhibits acceptable to the City).

a. The Applicant(s) must submit with the application to the City, signed 1040A, 1040EZ, or 1040 federal income tax returns for the three (3) preceding years with all schedules and attachments which reflect no deductions for mortgage interest or real estate taxes for a Principal Residence.

b. If the Applicant(s) has filed the returns for the last three (3) years, completes and signs the required affidavits, but is unable to produce the signed returns, the City will accept IRS transcripts provided directly to the City.

c. In the event the Applicant(s) was not obligated to file federal income tax returns for any of the preceding three (3) years, it will be necessary for the Lender to obtain from the Applicant(s) a completed a nd signed Income Tax Affidavit which is required in place of (a) or (b) above, along with the other Program Affidavits. This document is to be forwarded to the City with the Application Affidavit and the Lender Initial Certification. The Income Tax Affidavit must be accompanied by documented proof of the reason for not filing tax returns. For example, if the Applicant was in school, he/she/they would have to submit a copy of transcripts to support the status of the Applicant for that period of time. Affidavit must also be accompanied by documented proof that the Applicant was a renter during the specified period (i.e. notarized letter from the landlord or manager, canceled checks, or rent receipts). The City shall also obtain an IRS verification of non -filing for any household members who did not file returns.

d. When a FTHB application is submitted during the period between January 1 and April 15 and the Applicant has not yet filed his/her /their Federal income tax return for the preceding year with the IRS, the City may, with respect to such year, rely on an affidavit of the Applicant that the Applicant is not entitled to claim deductions for taxes or interest on indebtedness with respect to property constituting his/her /their Principal

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Residence for the p receding calendar year. The affidavit must be forwarded to the City with the Application Package.

e. If the tax returns indicate the Applicant took a deduction for mortgage interest or real estate taxes on property claimed not to be the Principal Residence, documentation will be required to show proof of rental (i.e., rent receipts, canceled checks).

The Lender is cautioned that in the above noted situations involving issuance of a conditional FTHB loan Commitment, the Lender may be closing the loan without the benefit of the City review of the certified tax returns prior to closing. In the event the certified tax returns do show a deduction for interest or taxes on a Principal Residence, or in the event the certified tax returns are not obtained; the City will not issue the FTHB loan, The Lender, at its option, may forward federal tax return exhibits to the City for review prior to loan closing.

f. Notwithstanding the above, at the discretion of the City, this requirement may be modified or waived in order to allow households meeting all other eligibility criteria to participate in the program. Special circumstances shall be documented and consideration given to households that have sold or transferred an ownership interest because of death or illness of spouse or dissolution of marriage, job-related relocation, or other significant reasons.

2. ADDITIONAL FIRST TIME HOME BUYER CRITERIA

“First-time homebuyer” means an individual or individuals , or an individual and his or her or their spouse have not owned a home during the three -year period prior to the purchase of a home with HOME assistance, except that the following individual or individuals may not be excluded from consideration as a first-time homebuyer under this definition:

a. A “Displaced Homemaker” who, while a homemaker, owned a home with his or her or their spouse or resided in a home owned by the spouse. A displaced homemaker is an adult who has not, within the preceding two years, worked on a full-time basis as a member of the labor force for a consecutive twelve -month period and who has been unemployed or underemployed, experienced difficulty in obtaining or upgrading employment and worked primarily without remuneration to care for his or her or their home and family.

b. A Single Parent who, while married, owned a home with his or her or their spouse resided in a home owned by the spouse. A single parent is an individual who is unmarried or legally separated from a spouse and has one or more minor children for whom the individual has custody or joint custody or is pregnant.

c. An individual or individuals who own s or owned, as a principal residence during the three-year period before the purchase of a home with HOME assistance, a dwelling unit whose structure is:

i. Not permanently affixed to a permanent foundation in accordance with the local and state regulations; or

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ii. Not in compliance with state and local building codes and cannot be brought into compliance with such codes for less than the cost of constructing a permane nt structure.

3. PRINCIPAL RESIDENCY REQUIREMENT

The Applicant must use the housing being purchased with the FTHB assistance as a Principal Residence. The Lender must obtain from the borrower, using the Program affidavits; a statement of the borrower's intent to use the residence as his/her /their Principal Residence within a reasonable time (60 days) after the FTHB loan is issued. The affidavit further provides that the FTHB loan holder will notify the Lender and the City if the residence ceases to be the Applicant’s Principal Residence.

4. INCOME ELIGIBILITY

Qualified applicants must have an annual gross household income which does not exceed the limits for low-income households (80% of area median income), adjusted for household size, as delineated within the current Los Angeles County Income Limit Table (see Addendum 1). Income determinations must be based on a review of supporting source documentation in conformance with the requirements of this Policies and Procedures manual, 24 CFR Part 92, and the Technical Guide for Determining Income and Allowances for the HOME Program (see Addendum 5). If an income determination or the supporting documentation used to make the determination is greater than six (6) months old at the time of committing funds to the potential homebuyer, then a re -examination of the income shall be performed prior to loan funding.

Annualized gross income shall be computed in conformance with the requirements set forth under 24 CFR Part 5.609 (see Addend a 2 and 5 ). Income is based on a project ion of anticipated income for the next twelve (12) months. The income to be taken into account in determining gross income is income of the mortgagor (or mortgagors ) and any other person who is expected to both (1) live in the residence being financed, and (2) to be secondarily liable on the mortgage. If the co -borrower, co -signer, or co -habitor meets both of the requirements above, his/her/their income must be included in gross income calculations. The minimum verifiable household tenure requirements (how long the household has been established and documented as a household) shall be no less than 12 months from the date of the application. Income includes the income of all household members.

Income cannot exceed the listed income limit maximums prior to funding the City Loan. If a higher income amount is utilized for consideration of the first mortgage prior to closing, the City must be notified accordingly, and a reconciliation of the income variances performed.

SELF-EMPLOYED OR SEASONAL EMPLOYEES

In specific instances, such as self -employed or seasonal persons , the Applicant's monthly gross income information can be derived and projected based on t he available loan documents executed during the six-month period preceding the date of the closing of the mortgage provided that any income not included in the loan documents must be included for the Program. Thus, for example, if the mortgagor does not i nclude alimony on the loan documents with the Lender, the Lender in determining gross monthly income, must determine the amount of alimony and add that amount shown on the loan documents. Under these

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circumstances, the formula that the Lender uses in determining the gross monthly income of self-employed persons and/or seasonal workers is acceptable as long as the Lender includes any other income sources that are required to be added.

INCOME TO BE INCLUDED

a. Income of all mortgagors shall be included in gross income calculation for the Program.

b. Income of anyone else who will both live in the residence and be secondarily liable on the mortgage shall be included.

c. Income of all household members in conformance with the provisions of the Technical Guide for Determining Income and Allowances for the HOME Program (see Addendum 5).

d. Income does not have to be included if there is a co-signer who signs only the note or a separate personal guarantee; is not on the grant deed, and will not live in the residence.

e. Strict penalties may be imposed on any Applicant making a material misstatement, misrepresentation or committing a fraudulent act on documents submitted to obtain a FTHB loan. Any person making a negligent or fraudulent material misstatement or misrepresentation in any affidavit or certification made in connection with the application for or the issuance of a FTHB loan shall be subject to all applicable fines and penalties.

J. DETERMINING THE AMOUNT OF HOME DOWN PAYMENT ASSISTANCE

Program funds are committed on a first come, first served basis, and funding is subject to availability.

The maximum amount of HOME assistance per unit is established by HUD and enumerated within the Section 221(d)(3) subsidy limits for Los Angeles County as delineated within Addendum 1 – Subsidy Limit Table. This subsidy limit shall be evaluated by Program Staff and the level of assistance by Program design will not exceed the indicated value for the respective property acquired. A minimum of $1,000 in HOME funds must be invested in any assisted unit.

The City Loan is comprised of the down payment assistance and closing cost assistance. The maximum amount of program assistance will be the lesser of the amount required to maintain a 33% front end ratio (financing gap), or 40 percent (40%) of the sales price of the property , and the addition of reasonable closing costs which are not addressed by the Applicant. The maximum allowable back-end ratio under the program is 42%, subject to review on a case-by case basis in instances where the applicant has exceptional credit history.

The estimated affordable monthly payment calculation (Gap calculation) is computed on Exhibit 6 by program staff and presented to the Loan Review Committee (LRC). An additional final computation is performed on HUD 92900 -WS (Exhibit 20) by Program staff upon receipt of the Primary Lender loan file. As a compensating factor for higher than allowed ratios, the LRC may consider: steady employment history, good credit history, applicant debt load, availability of

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supplemental down payment funds from the buyer, and rent payment history. The estimated City loan amount is used as the basis for preliminary Program eligibility and is subject to adjustment based on the final Primary Lender underwriting and Primary Loan amount.

Primary lender pre-approval is required by the Loan Review Committee if the underwriting ratios are above the recommended limit or credit is questionable. The Loan Review Committee (LRC) shall consist of the Housing Manager, Finance Director, and the Development Services Director, or their designees. Complete application packages will be reviewed by the LRC members for approval based upon the Program underwriter’s recommendations. In order to proceed, all LRC Members must approve all Program loans and requests to subordinate Program loan liens.

Should an applicant choose to appeal the decision of the LRC, the appeal must be issued in writing to the City Manager, whose decision is final. The appeal must contain all supporting documentation to substantiate the appeal.

K. FIRST TIME HOMEBUYER EDUCATION

Participants are required to complete eight (8) hours of HUD approved “in-classroom” First Time Home Buyer education class prior to City loan funding, to ensure that the buyers are educated regarding the responsibilities and obligations of homeownership. To be eligible for Program funding the Participant must submit verification of completion of this requirement in the form of a completion certificate prior to final City Loan commitment.

L. PURCHASE PRICE REQUIREMENTS and MAXIMUM PURCHASE PRICE LIMITS

The Participant selected property must be in compliance with HOME Purchase Price limits in order to qualify. The current established HOME Purchase Price Limit is $ 570,000 for Existing Homes and $ 570,000 for New Homes (refer to Addendum 1) . This established pricing is in conformance with the requirement that assisted properties shall not exceed the HOME Maximum Purchase Price Limits established in conformance with 24 CFR 92.254(a)(2)(iii).

M. ELIGIBLE DWELLING

Property eligible for acquisition under the FTHB program includes real property located within the corporate city limits of the City of Lancaster, inclusive of: (1) a new single family home, condominium, townhome, or manufactured housing on a perman ent foundation with permanent utility hook-ups (not previously occupied), or ( 2) an existing single family home, condominium, townhome, or manufactured housing on a permanent foundation with permanent utility hook-ups (which has been previously occupied). All eligible properties must be designed as a residential unit for one (1) household.

Homes, which are rental units at the time they are listed for sale, are not eligible unless the current renter is the purchaser. FTHB participants are allowed to purchase non-owner occupied units, as long the units have been vacant for at least 90 days prior to the offer to purchase. If a vacant unit is to be purchased, the owner must certify in writing that the unit has been vacant for 90 days preceding the date of the purchase agreement/offer. If the unit has been vacant for less than 90 days, or is currently tenant occupied, relocation requirements apply. If a tenant is moving out of a rental property because they are purchasing their own home, using HOME assistance the home does not have to remain vacant for 90 days prior to purchase by another FTHB to trigger relocation.

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Real Property Acquisition regulations requires that an “Acqu isition Notice” containing the items listed below be provided to the seller prior to, or at the same time the purchase offer is presented by the buyer’s agent (see Exhibit 10):

1. Buyer does not have the power of eminent domain and, therefore, will not acquire the property if negotiations fail to result in an amicable agreement.

2. Buyer or buyer’s agent’s estimate of the fair market value. (An appraisal is not required; however, the grantee’s files must include an explanation, with reasonable evidence, of the basis for the estimate-like comparable.)

3. The buyer shall provide this information to the seller before making the purchase offer.

4. If the buyer’s agent does not provide the seller with an acquisition notice prior to the purchase offer, a provision in the contract should empower the seller to withdraw from the agreement after this information is provided.

Program staff shall ensure compliance with these requirements by a timely transmittal, receipt and revie w o f the “Disclosure to Seller with Voluntary Arm’s Length Purchase Offer Notice” (Exhibit 10).

Upon Participant selection of a suitable property, Program Staff shall ensure that the required environmental review is performed prior to the commitment of HOME funds (Exhibit 13).

N. RELOCATION REQUIREMENTS

The City of Lancaster is committed to compliance with the requirements of:

1. The Uniform Relocation Act (URA) found at 42 U.S.C. 4201-4655 and 49 CFR part 24; and,

2. Section 104 (d) of the Housing and Community Development Act 1974.

O. FLOOD INSURANCE REQUIREMENTS

The majority of the City of Lancaster is classified as Zone “C” (“X”). Flood insurance is not required for eligible HOME funded transactions when acquiring a property within a designated “C” (“X”) zone. Acquired properties which are designated Zone “A” will require that flood insurance be obtained during the life of the City loan.

P. HOUSING QUALITY STANDARDS REQUIREMENTS

The property selected by the Applicant will be inspected by City of Lancaster Program staff, or their designees, prior to final City loan approval. This on-site visual inspection will be performed to ensure that the home is in compliance with city building, zoning, code requirements, health and safety, and Housing Quality Standards (HQS) at the time of the purchase.

Prior to on-site inspection, the subject building file will be checked for the property description and compliance with permit requirements. The property transfer disclosure statement will be used as

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a guide when performing the on -site inspection , and the HQS requirements contained in Addendum 4 will be followed.

Program Staff shall ensure that all repairs needed to meet the HQS requirements are met prior to the approval of any HOME funding for the proposed acquisition.

Q. LEAD BASED PAINT (LBP)

Lead-Based Paint Hazards: All housing units built prior to 1978 for which HOME funding is anticipated are subject to the requirement s of this Section . Such homes must undergo a visual assessment by an individual or firm qualified to perform lead based paint visual assessments .

Deteriorated paint must be stabilized using work safe methods. Clearance must be obtained after paint stabi lization by a Department of Health Services ( DHS) certified LBP Risk Assessor/Inspector. HOME general administrative and activity delivery funds may be used to pay for lead -based paint visual assessments, and if lead mitigation and clearance costs are incurred, these programs may incorporate the costs into the calculation of Program assistance.

Program Staff shall ensure that the following requirements are met:

1. Notification:

a) Prior to homebuyer's obligation to purchase a pre -1978 home, the Buyer will be given the most recent copy of and asked to read the EPA pamphlet "Protect Your family From Lead in Your Home" (EPA 747- K-12-001). A signed receipt of the pamphlet will be kept in the file (see Exhibit 8);

b) A notice to residents is required following a risk a ssessment/inspection using form DHS 8552, which is provided by the DHS-certified Risk Assessor/Inspector (See Exhibit 1 5);

c) A notice to residents is required follo wing lead -based paint mitigation work using the Visual Assessment and Lead-based Paint Notice of Presumption and Hazard Reduction form, LBP-1 (Exhibit 16B).

2. Disclosure : Prior to the homebuyer entering into an obligation to purchase a pre - 1978 housing unit, the HUD disclosure (Exhibit 1 2), "Seller's Lead -based Paint Disclosure" notice must be signed by the seller and provided to the homebuyer for signature by the realtor and the homebuyer , and a copy of the Lead Based Paint Contingency Language Notification (Exhibit 1 1) must be transmitted and a signed copy retained in the project file.

3. Inspections : For all pre -1978 constructed properties, t he City’s designated i nspector shall conduct a "Visual Assessment" of all the dwelling unit's painted surfaces in order to identify deteriorated paint. All deteriorated paint will be stabilized in accordance with 24 CFR 35.1330 (a) and (b); and a Clearance shall be made in accordance with 24 CFR

35.1340.

4. Mitigation : If stabilization is required, the contractor and the workers performing the mitigation work must be appropriately trained and certified . Prior to the contractor starting mitigation work, the Program Staff shall obtain copies of the contractor's and

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workers' appropriate certification of LBP training for retention in the project file , as applicable to the job in order to ensure that only q ualified contractors and workers are allowed to perform work on the lead based paint.

5. File Documentation: A lead compliance checklist will be completed and placed in the project file (see Exhibit 18).

R. OWNER–OCCUPANCY AND INSURANCE RECERTIFICATIONS

On an annual basis Owner -Occupancy must be verified , and on an on -going basis insurance coverage must be maintained.

1. An annual owner-occupancy certification shall be performed by FTHB program staff for all funded loans.

2. City shall be named as a beneficiary on hazard insurance policies and shall be notified of modifications or cancel lations of insurance coverage. Program Staff shall ensure that annual certificates of insurance are received , provide sufficient coverage, and name the City as an added insured.

S. REFINANCING, PAYMENT OF PRIMARY LOAN, SUBORDINATION

Refinancing of the First Time Homebuyer Loan shall be allowed when the proposed loan refinance amount does not exceed the then outstanding balance (plus refinancing and closing costs) of the existing Primary Loan. An appraisal must be conducted to establish the market value of the property to ensure that the total outstanding loan obligations do not exceed 95% of the property value.

In the event the homeowner refinances the Primary Loan, and the refinancing returns money to the homeowner, the homeowner must use the loan proceeds to pay down the City loan, thereby reducing the principal loan balance owed on the City loan.

Requests for subordination shall be considered on a case-by-case basis. After subordination, the sum of all outstanding loans may not exceed the lower of either the HOME Maximum Purchase Price for existing homes in effect at the time of the refinance, or 95% of the property’s appraised market value. Subordination Request s shall be performed in conformance with the procedures detailed in Exhibit 29, First Mortgage Refinancing and Subordination Policy Acknowledgement Exhibit 28 and Request for Refinancing and Subordination form Exhibit 30.

A FTHB loan may be repaid at any time without penalty.

If there is a property sale, transfer, or program default of the conditions of the promissory note or the Affordable Housing Restriction, the City will ensure recovery of the HOME investment amount provided under the City Loan. Notwithstanding the preceding, In the event that the Net Proceeds resulting from a sale are not sufficient to provide for the full return of the Borrower’s investment inclusive of the original down payment and capital improvements performed on the acquired property (subject to City verification and approval), then the Borrower shall be entitled to recover their original down payment amount and City approved capital improvement amounts before the City recapture of the HOME investment amount (the City Loan). For the purposes of this calculation, net proceeds shall mean the sales price minus the repayment of the Primary Loan

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undertaken to acquire the Property (other than HOM E funds) and any closing costs. Capital improvements means those improvements legally made by Homeowner to the Property after the closing of Homeowner’s purchase of the Property, with a minimum cost of Two Thousand Five Hundred Dollars ($2,500) per item, and a useful remaining economic life of not less than five (5) years, as approved by the City and documented by invoices and receipts which the Homeowner certifies to be true and correct.

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SECTION III PROGRAM ADMINISTRATION AND PROCEDURES

A. ADMINISTRATION

The City of Lancaster's First Time Homebuyer Program is designed to be used in conjunction with standard lender mortgage loan application procedures. The processing procedures for the Program are outlined within this section and compliment processing procedures that are utilized at most mortgage lending institutions. The City of Lancaster is by definition the Administrator of the FTHB Program.

B. APPLICATION

The Program Application must be accompanied by the following documents in order to be considered a complete and acceptable application package:

1. Completed City of Lancaster’s First Time Homebuyer Application

2. Photo IDs for all adult (18 years of age and older) household members

3. Signed copies of last three (3) years federal tax returns

4. Copies of three (3) consecutive months current pay stubs

5. Last three (3) consecutive months of bank statements and asset statements

6. Documentation in the form of a bank statement or other acceptable asset statements, of seasoned cash funds (90 days) available for borrower’s down payment and closing costs

7. Signed 4506-T

8. Signed Fair Lending-ECOA Notice

9. Applicant signed Income Verification Form and Employment Verification Form Applications will not be processed if any of the above items are not provided at the time of the submission. There will be no exceptions to this rule.

1. Program Staff will review submitted application materials;

2. Program Staff will package applications for Loan Review Committee approval, and prepare Exhibits 6 and 7 for Loan Review Committee consideration; and

3. Notify applicant of the outcome of loan approval.

The Loan Review Committee (LRC) shall consist of the Housing Manager, Finance Director, and Development Services Director , or their designees . Complete application packages will be reviewed by the LRC members for approval based upon the Prog ram underwrite r’s recommendations. In order to proceed, all LRC Members must approve all Program loans and requests to subordinate Program loan liens.

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C. LOAN PROCEDURES

The following discussions set forth the sequence of events and the procedural tasks for the FTHB Program. The discussion is organized into three (3) major phases: the Application Phase, Reservation Phase, and Loan Closing Phase. The respective phases are divided into major steps directly associated with applicant, administrator and/or lender activity.

1. APPLICATION PHASE

1.1 INITIATION AND SUBMISSION

The Applicant applies to the City of Lancaster First Time Homebuyer Program. Program staff will respond to all
applicant inquiries to ensure the best chance of preliminary approval. Applicant is provided with the FTHB application packet with instructions to fill out completely and return to the City.

Applicant
- Completes the Program
Application, collects supporting
documentation, and submits to
City

1.2 CITY REFERRAL CORRESPONDENCE

Program Staff reviews the FTHB application, performs a
preliminary eligibility review. If the Applicant is deemed eligible based on income and as a first time homebuyer, a LRC Transaction Summary Form is prepared, a LRC
Meeting scheduled, and a LRC determination obtained. If the Applicant receives a preliminary approval by the LRC, a pre-approval letter and an Initial Reservation Request Form (FTHB-1) is issued to the Applicant along with instructions for the next steps in the approval process and advised of 90 day completion period.

Program Staff
- Reviews application submission
and issues written review
correspondence to Applicant
Lender
- Processes only applicants who
provide a City Reservation
Request Form

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1.3 PRE-QUALIFICATION

The applicant takes the Reservation Request Form to a
lender. The FTHB subsidy is estimated at this time by the lender in order to establish the home purchase price the applicant can afford. The FTHB Loan amount is 40% of the purchase price of the property, or the amount required to maintain a 33% front end ratio (financing gap), or $150,000, whichever is lower, in addition to closing costs which cannot be paid by the Applicant, subject to other program
limitations.

Upon receipt of the lender acknowledgement that they are processing a loan request from the Applicant, and a pre- qualification loan commitment, the City prepares realtor documentation to be delivered by the applicant to their selected realtor.

Lender:
- Verifies that applicant has the
City pre-approval letter
- Provides information on their
mortgage program
- Determines if applicant is eligible
under City income & purchase
price limitations
- Explains FTHB Loan so that
applicant understands home size
and home costs based on
income availability
- Completes the City form FTHB-1,
and transmits to the City
Applicant:
- Obtains Pre-qualification from
lender

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2. RESERVATION PHASE

2.1 MORTGAGE LOAN REQUEST

The applicant formally applies for a Primary Loan.

Applicant:
- Applies for a Primary Loan
- Completes approved
Homebuyer Education Course
Lender:
- Processes Primary Loan
request and provides a
conditional approval to
Applicant
Program Staff:
- Upon receipt of FTHB-1,
reviews contents and transmits
Arm’s Length Disclosure Notice,
LBP Contract Contingency
Language, and LPB disclosure
forms to Applicant for
transmission to Sales Broker
(see Exhibit 10 and Exhibit 11
and 12).
- Transmit LBP Pamphlet and
Receipt Confirmation form to
applicant for signature and
return (Exhibit 8 and 9).

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2.2 HOME PURCHASE AGREEMENT

Applicant selects a realtor and provides realtor with City Program processing documentation. The applicant finds a home, enters into a contingent purchase contract, based on the lender loan approval and FTHB amounts. This must be completed within 90 days from the date of the referral letter.

Applicant
- Enters into purchase contract
with contingency language
based on City approval of loan
funding and loan amount, and
inspection of property and LBP
review.
- Advises City of property
address and forwards a copy of
the contingent purchase
agreement and required LBP
Contingency language, Seller
Disclosure Form, and Arm’s
Length Purchase Offer.

Program Staff:
- Reviews purchase contract to
ensure conformance with
maximum purchase price
requirements
- Completes environmental
review of property (Exhibit 13)

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2.3 LENDER FTHB LOAN SUBMISSION

Applicant completes and signs the City Form FTHB-2, which contains all certification & affidavits, required by the Program.

They are:
▪ Certification that residence will be used as Principal Residence and that the City certificate holder must notify the City and the Lender when the home ceases being the
Principal Residence of the FTHB certificate holder.
▪ Certification that borrower has not had an ownership interest in a Principal Residence during preceding 3-year period. ▪ Certification that the Purchase Price does not exceed Purchase Price limits.
▪ Certification that the Mortgage Loan does not relate to the acquisition or replacement of an existing mortgage.
▪ Certification that loan applied for does not constitute a Prohibited Mortgage.
▪ Certification that borrower's income does not exceed
permitted income limits.
▪ Certification that no interest with respect to the mortgage loan is being paid to a Related Person.
▪ Certification that FTHB Loan cannot be transferred without the prior written approval of the City in accordance with Program requirements.
▪ Certification that FTHB applicant has completed an approved 8-hour in-class Homebuyer Training course.
▪ Acknowledgment that any material miss-statement or fraud is made under penalty of perjury.

Lender
- Submits Loan approval
documentation to Program
Staff.

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2.5 LENDER UNDERWRITING

Within the reservation period of 90 days, the lender must perform the following standard underwriting and verification procedures:
▪ Lender performs standard mortgage loan underwriting
procedures, but takes into consideration the effect of the FTHB Loan when determining the net amount of the
monthly payment. Lender determines acceptability of loan in accordance with applicable FNMA, FHLMC, FHA, VA,
and/or private mortgage insurance standards and/or
underwriting guidelines.
▪ Lender performs standard verification for loan underwriting.

In conjunction with Lender's regular verification process and under the agreement with the City, the Lender
performs a reasonable investigation to verify that all FTHB Program requirements have been satisfied. Lender may
verify these facts in any reasonable, efficient manner, according to standard industry practices for processing mortgage loan applications.
▪ Lender verifies that the borrower, the home and the
mortgage transaction comply with FTHB restrictions on
Income, Purchase Price, and other Program terms and
requirements.
▪ Lender completes all other standard underwriting and
verification procedures. During this Phase, the Lender must notify the Administrator in writing of cancellations of Reservations.
▪ Lender submits a complete copy of the lender loan
package, inclusive of lender loan application, appraisal, good faith estimate, loan approval letter detailing amount and terms of the loan to be provided, sample promissory note, and purchase contract.

Lender:
- Underwrites mortgage loan and
verifies eligibility
- Lender provides a complete
copy of the loan file to the City

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2.6 PROPERTY INSPECTION AND TESTING

Upon designation of the selected residential property for purchase, Program staff will obtain building records for the property, schedule an on-site inspection of the property for conformance with HQS requirements, and for any required Lead Based Paint Review and Testing.

In the event that the property does not meet HQS requirements, Program Staff will issue correspondence addressing corrective measures that must be undertaken to provide compliance, and which provides timeframes for completion of the indicated corrective measures. Upon completion of the corrections, Program Staff shall re-inspect the property for compliance.

In the event that the Lead Based Paint review and testing determines that additional actions are required to address the presence of Lead Based Paint, Program Staff shall review the results and make a determination regarding the cost and availability of resources to address any required corrections. If Lead Based Paint corrections are performed, Program Staff shall ensure that corrections are performed in accordance with all applicable HUD, EPA, and CalOSHA protocols and
requirements.

Program Staff:
- Schedule and perform HQS
Inspection
- Issue Correction Notice as
necessary, and perform follow-
up reviews
- Complete LPB Visual
Assessment Form (Exhibit 19)
- Schedule LPB Review and
Inspection, as required
- Coordinate LPB corrections, as
required

2.7 SUBMISSION PACKAGE REVIEW

On receipt of the Submission package from the Lender, Program Staff completes the following:
▪ Confirms that the FTHB Reservation is still active and has not expired. If expired, a 30 day written extension may be issued.
▪ Review of FTHB Submission Package for completeness and determines whether all necessary certifications and affidavits are included and properly executed.
▪ Determines consistency of the Primary Lender file with the documentation received from the Applicant by the City.

If the Administrator determines the FTHB Submission Package is completed properly and that the applicants and the transaction are in compliance with program provisions, Program Staff issues correspondence to the Lender with copy to applicant advising of the City Loan amount and stating that the application is approved and the City is prepared to issue a FTHB Loan upon confirmation of the mortgage closing, so long as there are no material changes from the time of the initial review. The Administrator retains a complete copy of the Submission Package.

Program Staff:
- Review FTHB Submission
Package
- Issues Final Approval Letter to
Lender
- Send copy of Final Approval
Letter to applicant

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3. LOAN CLOSING PHASE

With submission of the Final Approval Letter and Loan Package to the Lender, Program Staff requests the approval of the mortgage loan.

3.2 LOAN APPROVAL

The Lender approves the mortgage loan with the applicant pursuant to normal procedures.

Lender notifies the City of approval of loan application and forwards all loan and FTHB materials to selected Escrow Officer with instructions to open escrow.

Lender:
- Approves loan
- Forward documents to escrow
Program Staff:
- Transmits and obtains
signatures on a Participation
Agreement (Exhibit 21) from
Participant and City official.
- Enters transaction into IDIS and
commits HOME funds

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3.3 ESCROW

Program Staff prepares City loan documents and Escrow
Instructions, and obtains required City signatures. Completed documents are submitted to escrow.

Program Staff arranges for the transfer of FTHB Loan funds by wire transfer, or check to Escrow. The FTHB documents will be transmitted to the Escrow for recording at the same time as the first mortgage deed of trust.

The documents also include:

▪ Closing Affidavit (FTHB-3) signed by applicant at closing. ▪ Lender's Closing Certificate (FTHB-4) certifying that there has been no material change that would disqualify applicant from program.

Lender:
- Funds Primary Loan
Program Staff:
- Prepare loan documents,
obtain required signatures &
fund FTHB Loan
- Prepare Escrow Instructions for
signature and transmission to
escrow
- Ensure compliance with post-
escrow requirements:
recordation of the city’s deed of
trust, obtaining of a lender’s
title policy and review for
placement of the City lien,
obtaining a tax service account
for the term and amount of the
City Loan, review of the closing
statement to ensure
conformance with previously
indicated transaction terms.
- Transmits original signed
promissory to records
depository for loan booking and
storage
- Ensures receipt of the recorded
deed of trust and transmittal to
the records depository for
storage.

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SECTION IV FTHB POLICY DISCUSSIONS

A. PRIMARY LENDER LOAN CHARGES AND FEES

The Primary Lender may charge a potential borrower applying for a FTHB Loan only those reasonable and customary fees as would be charged to a potential borrower applying for mortgages not provided in connection with a FTHB Loan. The imposition of excessive processing charges, fees, or interest rates which are not consistent with market conditions will be cause for denial of the City loan approval.

B. FTHB LOAN REVOCATION

The following conditions shall be cause for revocation of the City approval for a FTHB loan:

1. Unless waived in writing by the City, whenever the FTHB borrower is not in compliance with the qualification requirements for a FTHB Loan.

2. Upon discovery by the City, Program Staff, or a Participating Lender of any material misstatement, whether negligent or fraudulent.

3. Upon City receipt of lender notification of any circumstance which would disqualify a FTHB Loan recipient from eligibility under the Program.

C. TRANSFER OF FTHB FOR MORTGAGE ASSUMPTIONS

The FTHB loan is not transferable or assumable. When assumption of a mortgage associated with a FTHB Loan occurs, the FTHB Loan may not be assumed by the new buyer. If the buyer and the home are qualified, the new buyer may apply for a new FTHB Loan.

D. TRANSFER OF A FTHB LOAN APPLICATIONS TO ANOTHER LENDER

If an Applicant has a pending FTHB Loan application and d ecides to change from one Participating Lender to another, the City will honor the original expiration date of the reservation as long as the buyer and the Property’s status has not changed and the new Lender verifies the commitment documents.

If the change occurs following the Confirmation of Reservation, the new Lender should notify the City in writing that the change has occurred. The City will adjust its records and the FTHB Loan Number to reflect the new Lender.

E. ASSIGNMENT OF FTHB LOAN COMMITMENT FOR FUNDING

If a Primary Lender packages a loan with a FTHB Loan and assigns the loan to another Lender for funding, prior to the close of escrow the original Lender should forward to Program Staff the FTHB Loan Assignment Letter indicating the loan has been assigned to the new funding Primary Lender, and identifying the new lender and lender contact information. Program Staff will adjust its records to reflect the new Primary Lender. The FTHB Loan will be issued in the funding

City of Lancaster 30 Policies and Procedures
©MDG Associates, Inc. 2022 Adopted – May 2022

Primary Lender's name. The funding Primary Lender will also be responsible for the reporting on that particular loan.

F. CHANGING PROPERTIES DURING FTHB APPLICATION PROCESS

If an Applicant has a pending application and changes the property they are purchasing, the Realtor must perform the requ ired pre-agreement notifications and contingency inclusions into the new purchase agreement, and in conjunction with the Lender submit a new signed Purchase Agreement and indicate by transmittal whether the mortgage amount has changed. If the Applicant has already been issued a commitment, the following documents should be revised and re-submitted to reflect the new property address and any change in mortgage amounts.

Application Affidavit (FTHB-2)

The Commitment is re-issued with the original expiration date.

The revised property must also undergo environmental review and inspection for conformance with the City‘s HQS and Lead Based Paint requirements.

G. RESUBMISSION OF FTHB CERTIFICATE APPLICATIONS RETURNED OR REJECTED

If a Program Application has been returned or denied by Program Staff based on the Applicant submitted Program forms and documentation, any resubmission must include all information which Program Staff has determined necessary for reconsideration. A Program Application that is being su bmitted a second time will be reviewed in depth, and a final disposition made by Program Staff.

H. CHANGES PRIOR TO CLOSING

The eligibility of Applicant for a FTHB Loan is based upon the Applicant's projected income. The Program will issue a commitment base d on facts as they are verified as of the date the commitment is issued. The income verified for commitment is valid as long as the loan closes within four (4) months after the financial information was originally submitted and there are no additional sources of income that were not previously reported.

Any changes in income whether already reported or not (e.g.: unscheduled raises, new employer, etc.) affects the validity of a FTHB commitment and must be taken into consideration. If the Applicant experiences a change in marital status after issuance of the commitment and prior to closing, the spouse must satisfy the prior homeownership requirements contained in the Application Affidavit and the Closing Affidavit, and the Lender must notify the FTHB Program.

Any income added to the household income previously declared because of the new spouse should be considered and may affect the validity of the commitment.

Furthermore, any added or reduced source of income received after the issuance of the commitment, but prior to closing, should be disclosed and included in the income eligibility redetermination and potentially to the City funding amount determination.

City of Lancaster 31 Policies and Procedures
©MDG Associates, Inc. 2022 Adopted – May 2022

I. RECORDS RETENTION

Records for all transactions, funded and un -funded shall be retained for five (5) years after the project completion date, except for documents imposing resale restrictions which must be retained for five years after the affordability period terminates , or until the acquired property is transferred and the City loan is fully paid, whichever is longer.

J. NON-DISCRIMINATION

The Program will be implemented in a manner consistent with the City’s commitment to non - discrimination. No person shall be excluded from participation in, denied the benefit of, or be subject to discrimination under a ny program or activity funded in whole or in part with State or Federal funds on the basis of his or her religion or religious affiliation, age, race, color, creed, gender, sexual orientation, marital status, familial status (children), physical or mental disability, national origin, or ancestry, or other arbitrary cause.

K. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

The City adheres to Title VI of the Civil Rights Act of 1964 which provides that no person shall, on the ground of race, color, or national orig in, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

L. POLICIES AND PROCEDURES CHANGES AND MODIFICATIONS

Minor changes to these Policies and Procedures involving administrative procedures or accommodations to adapt to regulatory changes may be performed with the approval of the Housing Manager. All other changes require the approval of the Director and/or Ci ty Manager.

HOME regulatory requirements may not be amended.

STAFF REPORT
City of Lancaster
PH
{{item.num
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12/13/2022
JC
Date: December 13, 2022
To: Mayor Parris and City Council Members From: George N. Harris II, Director of Finance Subject:Substantial Amendment to the City’s Community Development Block Grant (CDBG) 2021-2022 and 2022-2023 Action Plans, Substantial Amendment to the City’s Consolidated Plan and Strategy Citizen Participation Plan and Public Hearing to Receive Public Input on the 2023-2024 Program Year Recommendations:
a. Conduct a public hearing and upon accepting public testimony concerning housing and community development needs, priority non-housing community development needs, proposed strategies and actions for affirmatively furthering fair housing, the development of proposed activities, and review of program performance, proposals and questions; b. Approve the Substantial Amendment to the Community Development Block Grant (CDBG) 2021-2022 and 2022-2023 Action Plans (Action Plans) to allow for the reprogramming of $681,258 funds to one (1) new activity; c. Approve the Substantial Amendment to the City’s Consolidated Plan and Strategy Citizen Participation Plan (CPP) which has been modified to be more consistent with U.S.

Department of Housing and Urban Development (HUD)’s recent guidance; and d. Authorize the City Manager, or designee, to execute and transmit all necessary contracts and associated documents, including the Substantial Amendment to the Action Plans and CPP, and any additional amendments, to ensure the City’s timely expenditure of HUD funds.

Fiscal Impact:

There will be no impact to the City’s General Fund. All proposed dollars impacted by the Substantial Amendment to the Action Plans have previously been awarded to the City and budgeted to activities in previously adopted Action Plans and Substantial Amendments. The following CDBG accounts will need to be adjusted in the City’s budget:

The reprogramming of CDBG funds will ensure that the City’s program funds are utilized to improve the quality of life for the City’s residents. The City Council’s approval of the recommended action adopts the Substantial Amendment to the Action Plans thereby allocating those resources into the CDBG budgets.

Background:

HUD requires all entitlement communities receiving CDBG funds, such as the City, to prepare and submit a Consolidated Plan every five (5) years to establish a unified, strategic vision for economic development, housing and community development actions. The Consolidated Plan encompasses the analysis of local community needs and coordinates appropriate responses to those needs and priorities.

The Consolidated Plan is carried out through Annual Action Plans which provide a concise summary of the actions, activities, and the resources that will be used each year to address the priority needs and specific goals identified in the Consolidated Plan. The City must submit an Annual Action Plan to HUD each year of the five-year Consolidated Plan period. The City Council adopted and submitted the Action Plans to HUD by the required deadline dates of each year.

After a thorough review of existing activities, proposed goals, and consultation with HUD representatives, the City identified the need to Substantially Amend its Action Plans by allocating funds to activities that will provide decent, safe and affordable housing, a suitable living environment, and expand on economic opportunities principally for persons of low- and moderate- income throughout the City.

Per the City’s CPP, a Substantial Amendment to a Consolidated Plan and Action Plan is required when a “substantial” change is proposed as it relates to funding priorities, proposed activities, goals, and objectives. The Substantial Amendment to the Action Plans is necessary because the City wishes to cancel the 2021-2022 Mobile Home Rehabilitation Program and transfer its funds along with additional uncommitted funds totaling a combined amount of $681,258 to the newly proposed Housing Rehabilitation Program. In addition, the Substantial Amendment to the CPP is necessary, in order to incorporate modifications to the City’s existing policies concerning public hearings, public hearing processes, notification and access, to be more consistent with recent HUD guidance.

Pursuant to 24 CFR 91.505(a), a Substantial Amend requires specific citizen participation actions, including a Public Hearing and 30-day public review period, before the changes may be approved by the City Council and submitted to HUD. The Public Hearing Notice concerning the proposed Substantial Amendment to the Action Plans and CPP was published in the Antelope Valley press on November 8, 2022. The Substantial Amendments were made available on the City’s website, Finance & Technology Information Department and City Clerk’s Office for a 30-day public review period starting on November 11, 2022, and ending on December 13, 2022.

As such, staff recommends amending the Action Plans and CPP as noted in the enclosed Substantial Amendments. The proposed projects are consistent with the Consolidated Plan goals and will provide immediate assistance to the community.

Analysis:

The following narrative provides descriptions and other information for the proposed Action Plan activities and edits to the CPP.

Activities
2022-2023 Housing Rehabilitation Program
The program will provide financial assistance to rehabilitate low-income single family owner- occupied homes, including mobile homes. Such improvements will address health and safety concerns, code violations, and lead based paint requirements. The program is anticipated to benefit 20 households.

Table 1: Proposed Activity Budget Modifications and Reprogrammed Activity Budgets Program Year/ Activity Title Existing
Budget
New
Budget Difference
Uncommitted Funds - - ($500,000)
21-22 Mobile Home Rehabilitation Program $181,258 $0 ($181,258) 22-23 Housing Rehabilitation Program $0 $681,258 $681,258 Edits to CPP
A) Define public hearings to include but not be limited to: public hearings before City Council, public hearings before a designated City appointed Committee/Commission, public meeting before City stakeholders and residents, community meeting before City stakeholders and residents, and any other form of meeting as designated by City staff to allow for public outreach and input.

B) Expand on the topics of interest for inclusion in the City’s Consolidated Plan and Annual Action Plan process that will provide residents with an opportunity to express their views concerning housing and community development needs, priority non-housing community development needs, proposed strategies and actions for affirmatively furthering fair housing, the development of proposed activities, a review of program performance and respond to proposals or questions.

C) Reduce the number of days for noticing public hearings from 30 calendar days to 14 calendar days.

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Substantial Amendment to the CDBG 2021-2022 and 2022-2023 Annual Action Plans

2. Substantial Amendment to the Consolidated Plan and Strategy Citizen Participation Plan

CITY OF LANCASTER

SUBSTANTIAL AMENDMENT

TO THE COMMUNITY DEVELOPMENT

BLOCK GRANT (CDBG)
2021-2022 AND
2022-2023 ACTION PLANS

DRAFT FOR PUBLIC COMMENT PERIOD
November 11, 2022 – December 13, 2022

Draft Substantial Amendment – for Public Review
Annual Action Plan LANCASTER
OMB Control No: 2506-0117
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Draft Substantial Amendment – for Public Review
Annual Action Plan LANCASTER
OMB Control No: 2506-0117
Table of Contents
EXECUTIVE SUMMARY.......................................................................................................................1 PROCESS........................................................................................................................................2 EXPECTED RESOURCES – 91.220(C)(1,2).............................................................................................4 ANNUAL GOALS AND OBJECTIVES – 91.220(C)(3) .................................................................................5 PROJECTS – 91.220(D) ....................................................................................................................6 Draft Substantial Amendment – for Public Review
Annual Action Plan LANCASTER Pg. 1
OMB Control No: 2506-0117

EXECUTIVE SUMMARY
Background
The U.S. Department of Housing and Urban Development (HUD) requires all entitlement communities receiving Community Development Block Grant (CDBG) funds, such as the City of Lancaster (City), to prepare and submit a Consolidated Plan every five (5) years to establish a unified, strategic vision for economic development, housing and community development actions. The Consolidated Plan encompasses the analysis of local community needs and coordinates appropriate responses to those needs and priorities.

The Consolidated Plan is carried out through Annual Action Plans which provide a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified in the Consolidated Plan.

Per the City’s Citizen Participation Plan (CPP), a Substantial Amendment to a Consolidated Plan and Action Plan is required when a “substantial” change is proposed as it relates to funding priorities, proposed activities, goals, and objectives. This substantial amendment to the Action Plans is necessary because the City has identified one (1) activity that it wishes to cancel and transfer its funds along with additional uncommitted funds totaling a combined amount of $681,258 to one (1) new activity.

CDBG
PY 2021/2022 Activity
•Mobile Home Rehabilitation Program – repurpose $181,258 from existing budget and cancel activity
Uncommitted Prior Year CDBG Funds: $500,000
•PY 2020 - $404,961.62
•PY 2021 - $95,038.38
Draft Substantial Amendment – for Public Review
Annual Action Plan LANCASTER Pg. 1
OMB Control No: 2506-0117
Sources
The City will program the following resources in this substantial amendment to the PY 2022-2023 Annual Action Plan and corresponding PY 2020-2024 Consolidated Plan (which may be found at www.cityoflancasterca.org/our-city/departments-services/housing-neighborhood-revitalization/cdbg- community-development-block-grant to increase the PY 2022-2023 budget:

PY 2020 Formula CDBG: $404,961.62
PY 2021 Formula CDBG: $276,296.38
TOTAL: $681,258.00
City Council is responsible for determining how CDBG funds will be used to provide decent housing, a suitable living environment, and expanded economic opportunities principally for persons of low- and moderate-income persons. In consultation with the City Council, City departments, and partners serving the needs of low- and moderate-income individuals and families in the community, this submission to the City Council requests approval to invest the above funding for the project listed below.

Proposed Project
CDBG
2022/2023 Housing Rehabilitation Program:

Original Allocation: $0
Proposed Increase: $681,258
Total Proposed Budget: $681,258
Draft Substantial Amendment – for Public Review
Annual Action Plan LANCASTER Pg. 1
OMB Control No: 2506-0117

PROCESS
The City is conducting a 30-day review period for this substantial amendment from November 11 – December 13, 2022. The City will conduct a public hearing for the substantial amendment as part of the December 13, 2022, City Council meeting.

To encourage review and comment on the proposed activities, the City published notices in English and Spanish in the Antelope Valley Press on Tuesday, November 8, 2022, advertising the substantial amendment in compliance with the City’s CPP. An electronic copy of the substantial amendment was available on the City’s website and hard copies were placed at the Lancaster City Hall – Finance & Information Technology Department and City Clerk’s Office, 44933 Fern Avenue, Lancaster, CA 93534.

Sort
Order
Activity Target Population Summary Summary of Comments
Received

1. Public
Hearing
•Minorities
•Non-English Speaking
•Persons with
disabilities
•Broad community
•Residents of
public/assisted
housing
•Stakeholders
The City conducted its
public hearing to review
the Substantial
Amendment on December
13, 2022.
(to be completed after
public hearing)

2. Comment
Period
•Minorities
•Non-English Speaking
•Persons with
disabilities
•Broad community
•Residents of
public/assisted
housing
•Stakeholders
The City conducted its
comment period from
November 11 – December
13, 2022.
(to be completed at close of
public comment period)
Table 1 – Resident Engagement
Draft Substantial Amendment – for Public Review
Annual Action Plan LANCASTER Pg. 2
OMB Control No: 2506-0117
EXPECTED RESOURCES – 91.220(C)(1,2)
Introduction
The City is repurposing $681,258 from Pre-PY 2022 formula CDBG resources.

Anticipated Resources
Program Source
of Funds
Eligible Use of Funds Funds Narrative Description
Formula
CDBG
Public-
Federal
•Public Services
•Economic Development
•Public Improvements
•Affordable Housing
•Planning and
Administration
$681,258 Activities to provide decent
housing, a suitable living
environment, and expanded
economic opportunities
principally for persons of low- and
moderate- income within the City.

Table 2 - Expected Resources
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied In the initial planning and programming of these resources, the Finance Department has worked closely with other City departments as well as monitored other funding sources available at the local, state, and federal level to ensure that the City is not providing duplicative assistance and addressing unmet needs and gaps for low- and moderate-income residents.

Draft Substantial Amendment – for Public Review
Annual Action Plan LANCASTER Pg. 3
OMB Control No: 2506-0117
Annual Goals and Objectives – 91.220(c)(3)
The City will be amending its Affordable Housing Preservation goal to reallocate Pre-PY 2022 CDBG resources. These resources will be re- programmed in the PY 2022 Action Plan and corresponding PY 2020 – PY 2024 Consolidated Plan.

Newly Proposed Objectives
Goal Name Affordable Housing Preservation6
Goal Description Preserve the quality of existing owner-occupied dwellings housing units through rehabilitation including lead-based paint education, inspection, testing and abatement.

Draft Substantial Amendment – for Public Review
Annual Action Plan LANCASTER Pg. 4
OMB Control No: 2506-0117
Goals Summary Information
Sort
Order
Goal Name Start Year End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome
Indicator
1 Affordable
Housing
Preservation
2022 2023 Affordable
Housing
Citywide Affordable
Housing
CDBG:
$681,258
Homeowner
Housing
Rehabilitated:
20 Household
Housing Units
Table 3 – Annual Goals
Draft Substantial Amendment – for Public Review
Annual Action Plan LANCASTER Pg. 5
OMB Control No: 2506-0117
PROJECTS – 91.220(D)
Introduction
With the repurposing of Pre-PY 2022 CDBG resources, the City will increase funding to the following project in the PY 2022 Annual Action Plan:
# Project Name

1. 2022-2023 Housing Rehabilitation Program
Table 4 – Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
This program was determined in consultation with City staff, departments, and stakeholders serving low- and moderate-income residents of Lancaster to provide decent housing, a suitable living environment, and expanded economic opportunities principally for persons of low- and moderate- income within the City.

Project Summary Information
Project Name 2022-2023 Housing Rehabilitation Program
Target Area Citywide
Goals Supported Affordable Housing Preservation
Needs Addressed Affordable Housing
Funding CDBG: $681,258
Description This program will provide financial assistance to rehabilitate low-income single-family owner-occupied homes, including mobile homes. Such improvements will address health and safety concerns, code violations, and lead-based requirements.

Target Date 06/30/2023
Estimate the number and
type of families that will
benefit from the proposed
activities
Approximately 20 Household Housing Units
Location Description Citywide
1 Planned Activities 2022-2023 Housing Rehabilitation Program (20 Household Housing Units) - $681,258
Table 5 – Project Details
1 CITY OF LANCASTER

SUBSTANTIAL AMENDMENT
TO THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

CONSOLIDATED PLAN AND STRATEGY

CITIZEN PARTICIPATION PLAN

DRAFT FOR PUBLIC COMMENT PERIOD
November 11, 2022 – December 13, 2022
CDBG/HOME Citizen Participation Plan
April December 20202022
2 CITY OF LANCASTER
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

CONSOLIDATED PLAN AND STRATEGY

CITIZEN PARTICIPATION PLAN

I INTRODUCTION
The City of Lancaster (City) must adopt and adhere to a Citizen Participation Plan (CPP) to receive federal funds for the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs. The Citizen Participation PlanCPP covers the five-year Consolidated Plan, each subsequent Annual Action Plan (AAP), each year's Consolidated Annual Performance Evaluation Report (CAPER), and any Consolidated Plan and AAP Amendments.

The citizen Participation PlanCPP includes 14 sections.

1. Introduction

2. Purpose

3. Standards of citizen participation

4. Encouragement of citizen participation

5. Citizen participation opportunities

6. Public meetings and pPublic hearings

7. Public comments

8. Public information and access to records

9. Citizen participation Participation plan Plan coordinator

10. Technical Assistance

11. Complaints

12. Amendments to the consolidated Consolidated planPlan and Annual Action Plan

13. Criteria for substantial Substantial amendmentAmendment

14. Substantial Amendment Process

II PURPOSE OF THE CITIZEN PARTICIPATION PLAN
This Citizen Participation PlanCPP sets forth the policies and procedures for citizen participation in the CityLancaster's consolidated planning process. The Administrative and Community Services (ACS)Finance Department, as the lead agency for the Consolidated Plan, is responsible for the citizen participation process.

CDBG/HOME Citizen Participation Plan
April December 20202022
3 The Citizen Participation PlanCPP encourages citizens to participate in the consolidated planning process from the beginning. It outlines the procedures for community approval of the Consolidated Plan, for addressing concerns, objections and complaints, and for making amendments to the Consolidated Plan and AAP after approval.

III STANDARDS OF CITIZEN PARTICIPATION
The City of Lancaster shall provide a process of citizen participation at the community- wide level with regard to the overall preparation of the Consolidated Plan and its annual funding programs. The City of Lancaster recognizes and appreciates the value of citizen input for community development planning.
•All aspects of citizen participation shall be conducted in an open manner with freedom of access for all interested persons.
•The City shall make reasonable efforts to ensure the involvement of low-, very low-, and extremely low-income persons, members of minority groups, residents of areas where a significant amount of activity is proposed or ongoing, the elderly, the disabled, the business community, and civic groups who are concerned about the program.
•The City shall make reasonable efforts to ensure continuity of involvement of citizens or citizen organizations throughout all stages of the Consolidated Plan process.
•Citizens shall be provided adequate and timely information to enable them to be meaningfully involved in important decisions at all stages of the program. •Citizens shall be encouraged to submit their views and comments regarding the Consolidated Plan and its funding programs.

IV ENCOURAGEMENT OF CITIZEN PARTICIPATION
The City shall encourage and provide for citizen participation in all phases of the Consolidated Plan process including any amendments to the Consolidated Plan and the annual performance report process. Although the City will encourage participation from all facets of the community, including minorities and non-English speaking persons, as well as persons with physical impairments, emphasis will be placed on the involvement of low-, very-low, and extremely low-income residents where housing and community development funds may be spent.

V CITIZEN PARTICIPATION OPPORTUNITIES
CDBG/HOME Citizen Participation Plan
April December 20202022
4 The City of Lancaster and the ACS Finance Department urges citizens to voice their concerns and share their ideas concerning its federal programming. It welcomes comments and suggestions regarding the Citizen Participation PlanCPP, the Consolidated Plan (including the Annual Action PlanAAP), and the Consolidated Annual Performance and Evaluation Report (CAPER).

To encourage citizen participation, the ACS Finance Department will undertake the following activities each year.
•Hold at least two (2) public meetings hearings at different times during the development of the Consolidated Plan and Strategy. These public hearings shall occur at two (2) different points during the program year, as determined by City staff. Together, the public hearings shall provide residents with an opportunity to express their views concerning housing and community development needs, priority non-housing community development needs, proposed strategies and actions for affirmatively furthering fair housing, the development of proposed activities, a review of program performance and respond to proposals or questions. to garner citizen comments on needs, strategies, actions, and projects. •Offer at least 30-day comment periods on the draft versions of the City’s of Lancaster's Consolidated Plan and Strategy, each Annual Action PlanAAP, and any substantial amendments to the Consolidated Plan or Action PlanAAPs. •Offer at least a 15-day comment period on the Consolidated Annual Evaluation and Performance ReportCAPER prior to submitting the final report to HUD.
•Post both draft and final versions of the City’s of Lancaster's Consolidated Plan and Strategy, Annual Action PlanAAP, CAPER and any substantial amendments to the Consolidated Plan or Action PlanAAPs on the City's internet sitewebsite (https://www.cityoflancasterca.gov/).

VI PUBLIC MEETINGS AND PUBLIC HEARINGS
This CPP defines public hearings to include but not be limited to: public hearings before City Council, public hearings before a designated City Appointed Committee/Commission, public meeting before City stakeholders and residents, community meeting before City stakeholders and residents, and any other form of meeting as designated by City staff to allow for public outreach and input. Public meetings and public hearings regarding the consolidated plan process are held to address housing and community development needs and development of proposed activities; to obtain citizen input; and to respond to citizen recommendations and questions in these and other areas related to the plan process. At The City will conduct at least two (2) CDBG/HOME Citizen Participation Plan
April December 20202022
5 public meetings hearings will be held per program year at different times during the development of the Consolidated Plan and Strategy document. Together, the public hearings shall provide residents with an opportunity to express their views concerning housing an community development needs, priority non-housing community development needs, proposed strategies and actions for affirmatively furthering fair housing, the development of proposed activities, a review of program performance and respond to proposals or questions. At least one (1) public hearing will be held during each program year which begins on July 1 of each year to receive citizen input and to respond to citizen recommendations and questions related to the consolidated Consolidated plan Plan process before the proposed prior to approval of the Consolidated Plan and Strategy Annual Action PlanAAP documents are published for a 30 day public review and comment period.

Notice of all public hearings shall be published at least 30 14 calendar days prior to the time of the hearing and shall include times, dates, locations and the topics to be discussed at the hearing.

Public hearings will be held at Lancaster City Hall which is centrally located in the community and accessible to the physically disabled. Public hearings will be held at times convenient to the general public and to the potential and/or actual beneficiaries of the federally-fundedfederally funded programs.

In the event that a significant number of non-English speaking residents can be reasonably expected to attend and participate in a public hearing or public meeting or the City has been notified in advance that non-English speaking residents will be attending a public meeting or public hearing, the City will exercise best efforts to provide translation services for those residents. The City has staff members fluent in Spanish who are able to provide translation services. If services are required for other languages, the City will exercise best efforts to secure a translator from private sources.

To provide full access to programs under the Consolidated Plan for persons with disabilities, the City staff will select only sites for public meetings and public hearings that are accessible for persons with physical disabilities and conduct outreach to community organizations that represent persons with disabilities as part of the Consolidated Plan process.

VII PUBLIC COMMENTS
Citizens are encouraged to submit views, proposals, and comments concerning the preparation of the final Consolidated Plan, Annual Action PlanAAPs, amendments to the Consolidated Plan, and performance and evaluation reports in writing or orally at formal public hearings. The City will provide written responses to any submitted written proposals and/or comments relating to any portion of the Consolidated Plan process within 15 working days of receipt of the proposals and/or comments when practicable. If CDBG/HOME Citizen Participation Plan
April December 20202022
6 a response cannot be completed within 15 working days, due to a lack of final determination concerning the issue, the City will provide a progress report and estimate of when final determination can be expected.

Proposals and comments received during the consolidated Consolidated plan Plan process will be reviewed by the appropriate staff members and, where considered pertinent, will be submitted with recommendations to the City Council for determination during the public hearing on the final Consolidated Plan document. A summary of these comments and views and a summary of any comments or views not accepted, and the reasons therefor, shall be attached to the final Consolidated Plan (including the Annual Action PlanAAP), substantial amendment to the Consolidated Plan, Citizen Participation PlanCPP, or Consolidated Annual Performance and Evaluation Report (CAPER).

VIII PUBLIC INFORMATION AND ACCESS TO RECORDS
Citizens, public agencies, and other interested parties may review information and records relating to the Consolidated Plan. The City will provide full and timely public access to HUD programs under the Consolidated Plan including the following documents that the CDBG/HOME Administrator maintains on file consistent with applicable state and local laws regarding personal privacy and obligations of confidentiality:
•Federal Laws: Summary of the Housing and Community Development Act of 1977; Title I of the Housing and Community Development Act of 1974, as amended; the National Affordable Hosing Act, as amended. HOME Investment Partnerships Act at Title II of the Cranston-Gonzalez National Affordable Housing Act, as amended. •Federal Regulations: CDBG/HOME Program regulations and related issuances and provisions (i.e.i.e., Uniform Relocation Assistance) including Title 24 Code of Federal Regulations, Part 570 Community Development Block Grants, and Title 24 Code of Federal Regulations, Part 42 Consolidated Submission for Community Planning and Development Programs, Title 24 Code of Federal Regulations, Part 92 HOME Investment Partnerships Program, and Title 2 Code of Federal Regulations, Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
•Consolidated Plans, Annual Action PlanAAPs, Citizen Participation PlanCPP, and Consolidated Annual Performance and Evaluation ReportsCAPERs. •U.S. Department of Housing and Urban Development (HUD) information: grant agreements, audit records, evaluation reports, approval letters, and other related correspondence.

CDBG/HOME Citizen Participation Plan
April December 20202022
7 •Public Hearingmeeting records: public meetingshearings, informal meetings with civic and neighborhood groups, and related notifications pertaining to programs under the Consolidated Plan process.

Documents relevant to the CDBG/HOME program shall be made available at the Finance & Information Technology Department and City Clerk’s Office located at City Hall during normal working hours for citizen review upon either a written or oral request.

Documents are available for public review from 8 a.m. to 6 p.m. Monday through Thursday and 8 a.m. to 5 p.m. on Friday at Lancaster City Hall, 44933 Fern Avenue, Lancaster, CA 93534.

To locate records and arrange space for viewing, the CDBG/HOME Coordinator requests written notice at least three (3) days prior to review. Review of records that are more than two (2) years old will require a seven- (7) day notice. Requests for multiple copies of the same documents may be subject to a per-page copying charge that will not exceed the copying charge to the City and may require additional time to process.

IX CITIZEN PARTICIPATION PLAN COORDINATOR
The Community Development Block Grant (CDBG) /HOME Administrator also coordinates citizen participation and consultation. The administrator's responsibilities include the following activities relative to citizen participation:

1. Organizing public hearings and meetings as well as scheduling meetings with neighborhood and civic groups when appropriate.

2. Recording and responding to all written comments and complaints regarding activities funded through the Consolidated Plan.

3. Ensuring distribution of citizen comments and complaints to the appropriate City staff.

4. Ensuring compliance with the Citizen Participation PlanCPP and all applicable federal regulations regarding citizen participation.

X TECHNICAL ASSISTANCE
Upon request, the City will provide technical assistance to organizations that wish to develop proposals for funding assistance under any programs covered by the Consolidated Plan. The City of Lancaster especially encourages groups representative of extremely low- to moderate-income persons to request technical assistance. The City will determine the level and type of technical assistance on a case-by-case basis.

CDBG/HOME Citizen Participation Plan
April December 20202022
8 Additionally, the City welcomes and encourages continuous dialogue with citizens and community groups to encourage participation, especially to those citizens affected by Community Development Block GrantCDBG and HOME activities. City staff will be available to speak to any interested community group to explain the consolidated Consolidated plan Plan process and any funding programs covered by the Consolidated Plan. Technical assistance may be obtained by contacting the City's Consolidated Plan staff at (661) 723-62436158.

XI COMPLAINTS
The City will provide a written response to every formal written citizen complaint or substantive objection related to the Citizen Participation PlanCPP, the Consolidated Plan (including the Annual Action PlanAAP), Substantial Amendments to the Consolidated Plan, and the CAPER within 15 working days. A formal written complaint or substantive objection regarding the previous mentioned documents or activities should be forwarded to the City Finance & Information Technology Department or of Lancaster City Clerk’s DepartmentOffice, located at 44933 Fern Avenue, Lancaster, CA 93534.

Such substantive objections must address the following issues (specified in HUD regulations):
•The City's description of needs and objectives in its Consolidated Plan is plainly inconsistent with available facts and data.
•The City's proposed activities are plainly inappropriate to meeting the needs and objections identified by the City.
•The City's application does not comply with HUD requirements regulating programs under the Consolidated Plan or other applicable laws.
•The City's application proposes activities that are otherwise ineligible as specified in applicable HUD regulations.

A summary of citizen comments and complaints and summary of any comments not accepted (and the reasons why the complaint was not accepted) will be attached to the final Consolidated Plan, AAP Annual Action Plan, CAPER, or Substantial Amendment.

XII AMENDMENTS TO THE CONSOLIDATED PLAN
The Consolidated Plan regulations (§91.505) require the City of Lancaster to amend its approved Consolidated Plan whenever it makes one of the following decisions:

CDBG/HOME Citizen Participation Plan
April December 20202022
9 1. To change allocation priorities or change the method of distributing CDBG/HOME funds.

2. To carry out an activity, using CDBG/HOME funds (including program income), not previously described in the Annual Action PlanAAP.

3. To change the purpose, scope, location, or beneficiaries of an activity previously approved in the Annual Action PlanAAP.

When the City decides to make a substantive change which requires the Consolidated Plan or Annual Action PlanAAP to be amended, it shall publish a notice of the change and provide a reasonable opportunity for citizens to comment on the proposed amendment. The City will make the amendment public and will notify HUD that the City made an amendment. The City will ensure that all amendments are contained in the Consolidated Annual Performance and Evaluation ReportCAPER submitted to HUD.

The City reserves the right to make non-substantive changes to the Consolidated Plan without opening a public comment period.

XIII CRITERIA FOR SUBSTANTIAL AMENDMENT
The Consolidated Plan regulations consider certain amendments to be substantial amendments that require a public comment period and additional citizen participation.

The City of Lancaster defines a substantial amendment as:
•Changes in the use of CDBG/HOME funds from one (1) eligible activity to another (§91.105(c)(1)). Budget increases or decreases, independent of any other changes, do not constitute a substantial amendment.

The City of Lancaster also defines a substantial amendment as:
•Any reduction of funds for an approved activity where the original objective can no longer be met.
•Any new activity not previously included in the Consolidated Plan or Annual Action PlanAPP.
•A monetary change which exceeds 25% of the total amount funded for a particular project.

If the City should need to make a substantial amendment to its approved Consolidated Annual Plan, the City will follow the same citizen participation process described for the Annual Action PlanAAP, including a 30-day public comment period, a public hearing, CDBG/HOME Citizen Participation Plan
April December 20202022
10 and a notice placed in a local newspaper informing the public of the proposed substantial amendment.

In finalizing the substantial amendment, the City will consider any written or verbal citizen comments received at the public hearing. It will attach a summary of these comments (including a summary of any comments not accepted and the reasons it did not accept them) to the substantial amendment. Please see Section XI, "Complaints," of this Citizen Participation PlanCPP for information about where to send comments.

XIV SUBSTANTIAL AMENDMENT PROCESS FOR COVID-19 RESPONSE In compliance with HUD memos, dated March 31, 20202020, and April 9, 2020, the following amendments(s) are added as part of this Citizen Participation PlanCPP.

These amendments were set up as a response to the recent novel coronavirus (COVID- 19) pandemic:
•Addition of disaster response and declaration of emergency public notice requirements (reduction of 15 days to 5 days minimum) and public comment (reduction of 30 days to 5 days);
•Amendments to the Consolidated Plan and Annual Action PlanAAP that meet the Substantial Amendment general provisions as well as expeditious allocation of uncommitted funds to emergency activities, with a reduced notice and comment period to accommodate swift allocation of funds;
•Include provisions relative to Consolidated Plan citizen participation, Community Development Block Grant (CDBG) and Grant waivers made available under the Coronavirus Aid, Relief, and Economic Security (CARES) Act; •Include virtual hearings as an allowed method for citizen participation; •Make minor edits that do not change current citizen participation policies. In the event virtual hearings are used, real-time responses and accommodations for persons with disabilities and/or with limited English proficiency will be made available to the greatest extent possible.

STAFF REPORT
City of Lancaster
NB 1
12/13/2022
JC
Date:December 13, 2022
To: Mayor Parris and City Council Members
From:Allison Burns, City Attorney
Subject:Ordinance Pertaining to Lancaster Municipal Code Provisions regarding Administrative Citations
Recommendation:

Introduce Ordinance No. 1097 amending Titles 1, 5, 8, 9, and 12 of the Lancaster Municipal Code relating to administrative citations for misdemeanor and civil offenses, the implementation of a process for fee reduction and appeal for administrative citations, and giving the city manager discretion to create policies and procedures to further implement each Title.

Fiscal Impact:

None.

Background:

In 2020, the City of Lancaster expanded its Administrative Citation Program to allow for the issuance of civil penalties for certain misdemeanor offenses .

As the City looks forward to establishing its Hybrid Policing Program, it is appropriate to expand appeal and review processes for cited persons and establish processes for waiving or reducing citation penalties for those cited persons who can demonstrate indigency is in the public interest, while providing persons who commit such offenses an opportunity to avoid criminal proceedings. It is also appropriate to provide the City Manager and his designee with authority to promulgate rules, policies and procedures necessary to implement amended Titles 1, 5, 8, 9, and 12 of the Lancaster Municipal Code.

A blackline showing the changes to each Title is attached.

Attachment:

Ordinance No. 1097
1 1
2 7
Blackline
ORDINANCE NO. 1097

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LANCASTER AMENDING TITLES 1, 5, 8, 9, and 12 of THE

LANCASTER MUNICIPAL CODE RELATING TO

ADMINISTRATIVE CITATIONS FOR MISDEMEANOR AND

CIVIL OFFENSES, THE IMPLEMENTATION OF A PROCESS

FOR FEE REDUCTION AND APPEAL FOR ADMINISTRATIVE

CITATIONS, AND GIVING THE CITY MANAGER DISCRETION

TO CREATE POLICIES AND PROCEDURES TO FURTHER

IMPLEMENT THIS ORDINANCE
WHEREAS, the City Council of the City of Lancaster has determined that it is necessary to amend Titles 1, 5, 8, 9, and 12 relating to the administration of civil penalties for misdemeanor offenses and the penalties assessed;
WHEREAS, the City Council further finds and declares that establishing processes for waiving or reducing citation penalties for those cited persons who can demonstrate indigency is in the public interest, while providing persons who commit such offenses an opportunity to avoid criminal proceedings;
WHEREAS, the City Council further finds and declares that expanding an appeals process for cited persons is in the public interest;
WHEREAS, the City Council further finds and declares it is necessary to give the City Manager and his or her designees the discretion to further promulgate the rules, policies and procedures necessary to implement the above amendments;

WHEREAS, the City Council desires to exercise its authority to amend and streamline the various chapters of the Lancaster Municipal Code related to the assessment of administrative citations.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER DOES ORDAIN AS FOLLOWS:

Section 1. The City Council of the City of Lancaster hereby finds and determines that the above recitals are true and correct.

Section 2. Title 1 (“General Provisions”) of the Lancaster Municipal Code is hereby amended as set forth in Exhibit “A” attached hereto and incorporated herein by reference.

Section 3. Title 5 (“Business Licenses and Regulations”) of the Lancaster Municipal Code is hereby amended as set forth in Exhibit “B” attached hereto and incorporated herein by reference.

Section 4. Title 8 (“Health and Safety”) of the Lancaster Municipal Code is hereby amended as set forth in Exhibit “C” attached hereto and incorporated herein by reference.

Section 5. Title 9 (“Public Peace, Morals and Welfare”) of the Lancaster Municipal Code is hereby amended as set forth in Exhibit “D” attached hereto and incorporated herein by reference.

Section 6. Title 12 (“Streets, Sidewalks and Public Places”) of the Lancaster Municipal Code is hereby amended as set forth in Exhibit “E” attached hereto and incorporated herein by reference.

Section 7. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage.

I, Andrea Alexander , 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 _________________, 2022, and placed upon its second reading and adopted at a regular meeting of the City Council on the _____ day of _________________, 2022 by the vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster 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. 1097, 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 ________________, ________.

EXHIBIT “A”
Title 1 of the Lancaster Municipal Code is hereby amended as follows:

Chapter 1.12:

Section 1.12.020 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

Section 1.12.020 – Penalty for violation.

A. Misdemeanors. Any person convicted of a misdemeanor under the provisions of this code, is punishable by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment in the Los Angeles County Jail for a period not exceeding six months, or by both such fine and imprisonment.

B. Infractions. B. Infractions. Any person convicted of an infraction under the provisions of this code, is punishable by (1) a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) a fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one year; (3) a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one year.

C. Continuing Violations. Each day or any portion thereof that a person violates any provision of this code, including without limitation, the maintenance of a building, structure or use in violation of this code, shall constitute a separate offense.

D. Any person convicted of a misdemeanor or infraction under the provisions of the code sections set forth in the following fee schedule, is punishable by a fine not exceeding the penalty amounts or community service hours set forth in the following fee schedule. All other violations not set forth in the fee schedule below shall be punishable by a fine or community service hours in an amount to be adopted by ordinance of the City Council.

FEE SCHEDULE
Lancaster Municipal
Code Section
Violation Monetary
Penalty
Community
Service Hours

9.48.050(B)(1); Ch. 8.20 Littering $100
$200
$500
4 8
12 Lancaster Municipal
Code Section
Violation Monetary
Penalty
Community
Service Hours

9.48.050(B)(2); Ch. 8.24 Noise Violations $100
$200
$500
4 8
12 9.48.050(B)(3); Ch. 8.62 Shopping Cart Violations $100 $200
$500
4 8
12 9.48.050(B)(4); Chs. 9.12,

9.16, and 9.18
Loitering Violations $100
$200
$500
4 8
12 9.48.050(B)(5); Ch. 9.20 Public Alcohol Consumption $100 $200
$500
4 8
12 9.48.050(B)(6); Ch. 9.34 Camping and Lodging Violations $25 $75
$150
2 4
8 9.48.050(B)(7); Ch. 9.36 Aggressive Solicitation Violations $100 $200
$500
4 8
12 9.48.050(B)(8); Ch. 12.04 Violations of Park Rules $50 $100
$200
4 8
12 9.48.050(A) Any misdemeanor offense as set forth in
the California Penal Code, Business &
Professions Code, Health & Safety
Code, Vehicle Code, or other state code,
provided such offense does not involve a
battery, assault, or other offense related
to physical attack or injury on a person
$100
$200
$500
4 8
12 8.30.060(A) Grass taller than 8” $50
$100
$200
4 8
12 8.30.060(B) Landscape materials or areas infested
with insects, disease or vermin
$100
$200
$500
4 8
12 8.30.060(C) Dead or dry plant material $100
$200
$500
4 8
12 8.30.060(D) Overgrown plant that prohibits
pedestrian or vehicular travel or
visibility on public street or sidewalk
$100
$200
$500
4 8
12 Lancaster Municipal
Code Section
Violation Monetary
Penalty
Community
Service Hours

8.30.060(E) Trees or shrubs with dead limbs and
Branches
$100
$200
$500
4 8
12 8.30.060(F) Numerous or large areas of bare dirt
within lawns.
$50
$100
$200
4 8
12 8.30.060(G) Planter or lawn areas containing a
significant number of weeds
$50
$100
$200
4 8
12 8.30.060(H) Broken or improperly adjusted irrigation systems resulting in
significant or continuous spray, spillage
or flow or water onto adjacent
property, public streets or continuous
pooling or ponding of water either on
or off site
$100
$200
$500
4 8
12 8.30.060(I) Accumulation of large amounts of plant
material debris such as leaves, pulled
weeds, grass clippings, or branches that
are not being used for mulching or
composting purposes
$100
$200
$500
4 8
12 8.30.060(J) Inoperative backflow prevention device
on irrigation system
$100
$200
$500
4 8
12 5.04.290; Ch. 5.04; Article I
Business Licenses
Failure to obtain business license or
other violation of Ch. 5.04; Article I
Business Licenses
$100
$200
$500
4 8
12 5.04.210-240; Ch. 5.04;
Article II Peddlers and
Vendors
Failure to comply with Ch. 5.04; Article
II Peddlers and Vendors
$100
$200
$500
3 6
9 5.04.270-280; Ch. 5.04;
Article IV Registration of
Secondhand Purchases
Failure to comply with Ch. 5.04; Article
IV Registration of Secondhand
Purchases
$100
$200
$500
4 8
12 5.04.520; Ch. 5.04; Article
V Sidewalk Vendors
Failure to comply with Ch. 5.04; Article
V Sidewalk Vendors; subject to 5.04.530
$100
$200
$500
4 8
12 Chapter 1.16
Section 1.16.040 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

A. “City” means the city of Lancaster.

B. "Code" means the Lancaster Municipal Code, the Lancaster Zoning Code, or any law, rule, regulation, or code which is adopted by reference.

C. “Community Service” means work performed for the benefit the community, including the participation in City-approved voluntary education and social service programs that cited persons may elect to perform as an alternative to paying the Penalty.

D. "Enforcement officer" means any person authorized to enforce violations of this code.

E. "Hearing officer" means any person appointed by the city manager to preside over the administrative hearings provided for in Section 1.16.090 of this code.

F. "Party" means any natural person, firm, association, business, trust, organization, corporation, partnership, company or any other entity which is recognized by law as the subject of rights or duties.

G. "Penalty" shall include "civil penalty" and shall mean the amount assessed for violation of this code pursuant to the administrative citation.

H. "Person" means any natural person, firm, association, business, trust, organization, corporation, partnership, company or any other entity which is recognized by law as the subject of rights or duties.

I. "Respondent" means any person or entity who is the registered owner, property owner, legal owner, driver, operator, tenant, lessee or is otherwise liable for penalties in accordance with the applicable section of this code, and who contests or disputes liability for civil penalties.

J. "Responsible person" shall mean an owner of any property, a person who is responsible for control of the property or the condition of the property or a person who is responsible for repair or maintenance of the property.

Section 1.16.080 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

1.16.080 – Contents of administrative citation
The administrative citation shall include all the following:

A. A brief description of the violation;
B. Date and location of the violation(s) and the approximate time the violation(s) was observed and/or committed:

C. Code section(s) violated:

D. Description of corrective action required:

E. A statement explaining that each day constitutes a new violation:

F. The amount of civil penalty imposed for the violation(s) as set forth in Section 1.12.020 of the Lancaster Municipal Code;
G. A statement advising that the fine shall be paid to the city within sixty (60) days from the date on the administrative citation, procedure for payment, and the consequences of failure to pay;
H. A statement describing the responsible party’s rights of appeal; I. Notice of the process for waiving or reducing payment requirements related to the citation; and
J. A link to the City’s website including the online location of the ability to pay form.

Section 1.16.085 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

1.16.085 –Review of administrative citation or ability to pay A. Request for initial review of administrative citation.

1. A person who has been issued an administrative citation pursuant to this chapter may request an initial review of the citation by the City. The request shall be made in writing and shall state the reason(s) that the citation should be dismissed. The requestor shall include a copy of all pertinent evidence. The request must include a mailing address and, if available, an email address to which correspondence related to the request may be sent.

The written request for an initial review must be received by the city clerk's office within fourteen (14) calendar days from the date of the citation's issuance. No fee shall be required for filing the request for an initial review. Failure of the city clerk to receive a timely request for an initial review constitutes a waiver of the right to contest the administrative citation; in this event, the citation is final and binding, and payment shall be due within sixty (60) calendar days from the date of the citation's issuance.

2. Upon timely receipt of a written request for an initial review of the administrative citation, the City Manager or a person designated by the City Manager to act as a reviewing officer shall conduct an initial review of the administrative citation, the written incident report or statement of facts, and the request for review and all evidence submitted with the request.

The reviewing officer shall assess whether the evidence shows that the violation occurred and if any extenuating circumstances exist that warrant dismissal, and shall make a decision to preliminarily uphold or dismiss the citation. The reviewing officer shall notify the cited person of the decision in writing by mail and/or email within ninety (90) calendar days from the date of receipt of the request for initial review; provided, however, that the City Manager or person designated by the City Manager may extend the ninety (90) day deadline upon a finding of good cause.

B. Initial review of ability to pay.

1. Indigency Waiver. The City will provide an ability to pay form on its website and make a physical copy of the form available at City Hall and the Public Safety Department office.

The City shall waive the citation penalty, any late payment or collection fee, and the payment requirement to appeal for individuals who demonstrate they are indigent. The City will accept that a cited person is indigent if the person fits into one of the following three categories:
i. The person is “very low-income,” as defined in Health and Safety Code section 50105;
ii. The person has qualified with another public agency to receive means-tested public benefits, including the following:

1. Supplemental Security Income or State Supplemental Payment

2. Cash Assistance Program for Immigrants (“CAPI”)

3. CalWorks

4. Medi-Cal

5. General Relief

6. Temporary Assistance for Needy Families (“TANF”)

7. In-Home Supportive Services (“IHSS”)
iii. The person is “homeless,” as defined by 24 C.F.R. section 578.3.

2. To establish eligibility for an indigency waiver, a cited person shall present one of the following forms of proof, dated within sixty (60) days before or after the date of the citation, establishing that they are indigent.
i.Evidence that a person is “very-low income” as defined in Health and Safety Code section 50105: (1) copy of pay stub; (2) copy of tax return; (3) W-2 form; or (4) statement of gross monthly income, signed under penalty of perjury;
ii.Evidence of receipt of means-tested public benefits: (1) benefit verification or “award” letter; (2) notice of action; (3) copy of benefits check stub; (4) Housing Authority of the City of Los Angeles (HACLA) voucher; (5) Medi-Cal card; (6) income and eligibility verification form issued by a public agency administering benefits; (7) monthly reporting form issued by a public agency administering benefits; or (8) benefits card; iii.Evidence that a person is “homeless”: (1) verification of homelessness from Los Angeles Homeless Services Authority; (2) documentation from a service provider demonstrating homelessness; (3) documentation from a shelter demonstrating homelessness; or (4) administrative citation in which the citing officer describes the cited person as “unhoused,” “homeless,” “transient,” or some other term denoting homelessness.

3. The reviewing officer shall make a determination of whether or not the cited person has the ability to pay the full deposit to appeal an administrative citation based on the information provided in the statement of financial worth, and shall notify the cited person in writing by mail and/or email within ninety (90) calendar days from the date of receipt of the request for initial review; provided, however, that the City Manager or person designated by the City Manager may extend the ninety (90) day deadline upon a finding of good cause.

4. A previously-granted waiver of the payment requirement to appeal based on inability to pay will automatically qualify a cited individual for an indigency waiver of the citation penalty for the same administrative citation. The City will not require a cited individual to furnish documentation establishing inability to pay the same citation more than once.

5. A person for whom the determination has been made that the person does not have the ability to pay the full amount of the citation shall, no later than fourteen (14) calendar days from the date of the determination, coordinate with the department to enroll in and perform community service according to the manner set forth in Sections 1.16.040 and 1.16.095 of this Chapter.

Section 1.16.095 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

1.16.095 – Community service in lieu of payment of penalty.

A. As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform Community Service. The amount of hours of community service necessary to be performed for each violation is set forth in section 1.12.020 of Chapter 1.12 of this Code. A cited person who has been granted an indigency waiver pursuant to section

1.16.085 of Chapter 1.16 of this Code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

B. In the event a person who has enrolled in community service fails or refuses to perform the community service in a timely and appropriate manner, as provided in any applicable rules, regulations, policies and procedures, the City may cancel the community service agreement and collect any unpaid balance of the administrative citation in accordance with Section

1.16.100 of this Chapter.

C. To ensure that community service alternatives to citation penalties are equally accessible to persons with disabilities, the City will provide reasonable accommodations. The City will adopt and maintain a process for receiving and addressing disability accommodation requests and grievances related to administrative citations.

Section 1.16.100 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

1.16.100 – Penalties assessed.

A. Every person who violates any of the provisions of this chapter is guilty of an infraction and upon conviction is punishable as provided in Chapter 1.12 of the Lancaster Municipal Code or as otherwise provided in California Penal Code Section 374.4.

Violations of any of the provisions of this chapter may, in the alternative, be punished by the issuance of an administrative citation, the penalty amount of which shall be assessed at a rate as set forth in the Fee Schedule in Section 1.12.020 of Chapter 1.12 of this Code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this Code. A cited person who has been granted an indigency waiver pursuant to section 1.16.085 of Chapter 1.16 of this Code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

B. If the violator or property owner fails to correct the violation, subsequent administrative citations may be issued for the same violation(s).

C. Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the city.

D. All penalties assessed shall be payable to the City.

E. The failure of any person to pay a penalty assessed by administrative citation within the time specified on the citation pursuant to Section 1.16.080(g) shall result in the assessment of an additional late fee. The amount of the late fee shall not exceed Thirty Dollars ($30.00) per administrative citation.

F. The failure of any person to pay a penalty assessed by administrative citation within the time specified on the citation constitutes a debt to the city. To enforce that debt, the city may file a civil action, impose a special assessment as set forth below, or pursue any other legal remedy to collect such money.

G. The city may impose a special assessment against the property that is the subject of a citation if the citation has been issued to the property owner. The city shall record a notice of lien in the office of the county recorder when the special assessment procedure is used. When so made and confirmed, the cost shall constitute a lien on that property for the amount of the assessment.

After confirmation and recordation, a copy shall be turned over to the Los Angeles county tax collector. At that point, it will be the duty of the tax collector to add the amounts of the respective assessments to the next regular property tax bills levied against the lots and parcels of land for municipal purposes. Those amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected, and shall be subject to the same penalties and procedures under foreclosure and sale as provided for with ordinary municipal taxes. Or, after recording, the lien may be foreclosed by judicial or other sale in the manner and means provided by law
Section 1.16.140 is hereby added to the Lancaster Municipal Code as follows:

1.16.140 – Rules, regulations.

The city manager, or city manager’s designee is authorized to promulgate such rules, regulations, policies and procedures as may be necessary or convenient to implement this chapter.

EXHIBIT “B”
Title 5 of the Lancaster Municipal Code is hereby amended as follows:

Chapter 5.04
Section 5.04.520 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

5.04.520 – Penalties.

A. Violations of any of the provisions of this chapter shall not be prosecuted as infractions or misdemeanors but shall be punished by the issuance of an administrative citation, the penalty amount of which shall be assessed at a rate as set forth in the Fee Schedule in Section 1.12.020 of Chapter 1.12 of this Code.

B. The city manager, or the city manager’s designee may rescind a sidewalk vendor’s business license for the term of that license upon the fourth violation or subsequent violations.

Section 5.04.530 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

5.04.530 – Ability-to-pay determinations.

When assessing an administrative fine under this chapter, the city will take into consideration a sidewalk vendor’s ability to pay the fine, in the manner set forth in Section 1.16.085 of Chapter 1.16 of this Code.

Section 5.04.560 of the Lancaster Municipal Code is hereby added to the Lancaster Municipal Code as follows:

5.04.560 – Community service in lieu of payment of penalty.

As an alternative to paying the amount of the administrative citation, a sidewalk vendor may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this Code.

EXHIBIT “C”
Title 8 of the Lancaster Municipal Code is hereby amended as follows:

Chapter 8.20
Section 8.20.150 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

8.20.150 – Violation – Penalty
Every person who violates any of the provisions of this chapter is guilty of an infraction and upon conviction is punishable as provided in Chapter 1.12 of the Lancaster Municipal Code or as otherwise provided in California Penal Code Section 374.4.

Violations of any of the provisions of this chapter may, in the alternative, be punished by the issuance of an administrative citation, the penalty amount of which shall be assessed at a rate as set forth in the Fee Schedule in Section 1.12.020 of Chapter 1.12 of this Code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this Code. A cited person who has been granted an indigency waiver pursuant to section 1.16.085 of Chapter 1.16 of this Code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

Chapter 8.24
Section 8.24.060 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

8.24.060 – Violation – Penalty
Every person who violates any of the provisions of this chapter is guilty of an infraction and upon conviction is punishable as provided in Chapter 1.12 of the Lancaster Municipal Code or as otherwise provided in California Penal Code Section 415.

Violations of any of the provisions of this chapter may, in the alternative, be punished by the issuance of an administrative citation, the penalty amount of which shall be assessed at a rate as set forth in the Fee Schedule in Section 1.12.020 of Chapter 1.12 of this Code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this Code. A cited person who has been granted an indigency waiver pursuant to section 1.16.085 of Chapter 1.16 of this Code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

Chapter 8.30
Section 8.30.080 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

8.30.080 – Violations and remedies.

Violations of any of the provisions of this chapter shall not be prosecuted as infractions or misdemeanors but shall be punished by the issuance of an administrative citation, the penalty amount of which shall be assessed at a rate as set forth in the Fee Schedule in Section 1.12.020 of Chapter 1.12 of this Code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this Code. A cited person who has been granted an indigency waiver pursuant to section 1.16.085 of Chapter 1.16 of this Code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

Chapter 8.62
Section 8.62.130 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

8.62.130 – Penalty.

Every person who violates any of the provisions of this chapter is guilty of an infraction and upon conviction is punishable as provided in Chapter 1.12 of the Lancaster Municipal Code or as otherwise provided in Business and Professions Code sections 22435 et seq.

Violations of any of the provisions of this chapter may, in the alternative, be punished by the issuance of an administrative citation, the penalty amount of which shall be assessed at a rate as set forth in the Fee Schedule in Section 1.12.020 of Chapter 1.12 of this Code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this Code. A cited person who has been granted an indigency waiver pursuant to section 1.16.085 of Chapter 1.16 of this Code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

EXHIBIT “D”
Title 9 of the Lancaster Municipal Code is hereby amended as follows:

Chapter 9.12
Section 9.12.040 of the Lancaster Municipal Code is hereby added to the Lancaster Municipal Code as follows:

9.12.040 – Violations and remedies.

Every person who violates any of the provisions of this chapter is guilty of an infraction and upon conviction is punishable as provided in Chapter 1.12 of the Lancaster Municipal Code or as otherwise provided in the California Penal Code, including, but not limited to, Sections 647 et seq., and 653 et seq.

Violations of any of the provisions of this chapter may, in the alternative, be punished by the issuance of an administrative citation, the penalty amount of which shall be assessed at a rate as set forth in the Fee Schedule in Section 1.12.020 of Chapter 1.12 of this Code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this Code. A cited person who has been granted an indigency waiver pursuant to section 1.16.085 of Chapter 1.16 of this Code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

Chapter 9.16
Section 9.16.050 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

9.16.050 – Violation – Penalty.

Every person who violates any of the provisions of this chapter is guilty of an infraction and upon conviction is punishable as provided in Chapter 1.12 of the Lancaster Municipal Code or as otherwise provided in the California Penal Code, including, but not limited to, Sections 647 et seq., and 653 et seq.

Violations of any of the provisions of this chapter may, in the alternative, be punished by the issuance of an administrative citation, the penalty amount of which shall be assessed at a rate as set forth in the Fee Schedule in Section 1.12.020 of Chapter 1.12 of this Code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this Code. A cited person who has been granted an indigency waiver pursuant to section 1.16.085 of Chapter 1.16 of this Code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

Chapter 9.18
Section 9.18.040 of the Lancaster Municipal Code is hereby and restated in its entirety to read as follows:

9.18.040 –Penalty.

Every person who violates any of the provisions of this chapter is guilty of an infraction and upon conviction is punishable as provided in Chapter 1.12 of the Lancaster Municipal Code or as otherwise provided in the California Penal Code, including, but not limited to, Sections 647 et seq., and 653 et seq..

Violations of any of the provisions of this chapter may, in the alternative, be punished by the issuance of an administrative citation, the penalty amount of which shall be assessed at a rate as set forth in the Fee Schedule in Section 1.12.020 of Chapter 1.12 of this Code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this Code. A cited person who has been granted an indigency waiver pursuant to section 1.16.085 of Chapter 1.16 of this Code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

Chapter 9.20
Section 9.20.040 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

9.20.040 – Violation – Penalty.

Every person who violates any of the provisions of this chapter is guilty of an infraction and upon conviction is punishable as provided in Chapter 1.12 of the Lancaster Municipal Code or as otherwise provided in the California Penal Code, including, but not limited to, Sections 647 et seq., and 653 et seq. and/or Business and Professions Code Section 25620.

Violations of any of the provisions of this chapter may, in the alternative, be punished by the issuance of an administrative citation, the penalty amount of which shall be assessed at a rate as set forth in the Fee Schedule in Section 1.12.020 of Chapter 1.12 of this Code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this Code. A cited person who has been granted an indigency waiver pursuant to section 1.16.085 of Chapter 1.16 of this Code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

Chapter 9.34
Section 9.34.020 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

9.34.020 – Enforcement and penalties.

A. This chapter may be enforced by peace officer and by city of Lancaster employees in accordance with Chapter 1.08 of this Code.

B. Violations of this chapter may be punished as set forth in Chapter 1.12 of this Code, the penalty amount of which shall be assessed at a rate as set forth in the Fee Schedule in Section 1.12.020 of Chapter 1.12 of this Code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this Code. A cited person who has been granted an indigency waiver pursuant to section 1.16.085 of Chapter 1.16 of this Code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

Chapter 9.36
Section 9.36.040 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

9.36.040 – Penalty.

A violation of this section is punishable as a misdemeanor or chargeable at the district attorney’s or city prosecutor’s discretion.

Violations of any of the provisions of this chapter may, in the alternative, be punished by the issuance of an administrative citation, the penalty amount of which shall be assessed at a rate as set forth in the Fee Schedule in Section 1.12.020 of Chapter 1.12 of this Code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this Code. A cited person who has been granted an indigency waiver pursuant to section 1.16.085 of Chapter 1.16 of this Code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

Chapter 9.48
Section 9.48.060 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

9.48.060 – Administrative citations.

A. As an alternative to pursuing misdemeanor criminal proceedings, any officer, as defined in this chapter, may issue an administrative citation to a person when the officer has determined, through personal observation or after undertaking standard law enforcement investigatory actions, that the person has committed an offense as set forth in section 9.48.050. A separate citation will be issued for the commission of each separate or subsequent enumerated offense.

B. Within 72 hours after issuance of a citation, the citing officer shall submit a copy of the citation and a written incident report or statement of facts to the director. Alternatively, in lieu of issuing the citation, the officer may elect to submit the written incident report or statement of facts to the director, who may then issue the citation.

C. An administrative citation may be personally given to the offender, or the offender may be served by first class mail to an address which is either: (i) indicated on any form of identification presented to the officer, of (ii) discovered by the officer during the course of his or her standard law enforcement investigatory actions. The date a citation is placed in a U.S. Postal Service mail receptable shall be the date of service. A declaration of service shall be made by the person mailing the administrative citation showing the date and manner of service by mail and reciting the name and address of the citation addressee. Failure of any responsible person to receive an administrative citation by mail shall not invalidate any citation issued pursuant to this chapter.

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

1. A brief description of the violation;

2. Date and location of the violation(s) and the approximate time the violation(s) was observed and/or committed:

3. Code section(s) violated:

4. Description of corrective action required:

5. A statement explaining that each day constitutes a new violation:

6. The amount of civil penalty imposed for the violation(s) as set forth in Section 1.12.020 of the Lancaster Municipal Code;

7. A statement advising that the fine shall be paid to the city within sixty (60) days from the date on the administrative citation, procedure for payment, and the consequences of failure to pay;

8. A statement describing the responsible party’s rights of appeal;

9. Notice of the process for waiving or reducing payment requirements related to the citation; and

10. A link to the City’s website including the online location of the ability to pay form.

E. The penalty amounts of administrative citations issued pursuant to this chapter shall be assessed at a rate as set forth in the Fee Schedule in Section 1.12.020 of Chapter 1.12 of this Code.

Section 9.48.070 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

9.48.070 – Initial review of administrative citation or ability to pay A. Request for initial review of administrative citation.

1. A person who has been issued an administrative citation pursuant to this chapter may request an initial review of the citation by the City. The request shall be made in writing and shall state the reason(s) that the citation should be dismissed. The requestor shall include a copy of all pertinent evidence. The request must include a mailing address and, if available, an email address to which correspondence related to the request may be sent.

The written request for an initial review must be received by the city clerk's office within fourteen (14) calendar days from the date of the citation's issuance. No fee shall be required for filing the request for an initial review. Failure of the city clerk to receive a timely request for an initial review constitutes a waiver of the right to contest the administrative citation; in this event, the citation is final and binding, and payment shall be due within sixty (60) calendar days from the date of the citation's issuance.

2. Upon timely receipt of a written request for an initial review of the administrative citation, the City Manager or a person designated by the City Manager to act as a reviewing officer shall conduct an initial review of the administrative citation, the written incident report or statement of facts, and the request for review and all evidence submitted with the request.

The reviewing officer shall assess whether the evidence shows that the violation occurred and if any extenuating circumstances exist that warrant dismissal, and shall make a decision to preliminarily uphold or dismiss the citation. The reviewing officer shall notify the cited person of the decision in writing by mail and/or email within ninety (90) calendar days from the date of receipt of the request for initial review; provided, however, that the City Manager or person designated by the City Manager may extend the ninety (90) day deadline upon a finding of good cause.

B. Initial review of ability to pay.

1. Indigency Waiver. The City will provide an ability to pay form on its website and make a physical copy of the form available at City Hall and the Public Safety Department office.

The City shall waive the citation penalty, any late payment or collection fee, and the payment requirement to appeal for individuals who demonstrate they are indigent. The City will accept that a cited person is indigent if the person fits into one of the following three categories:
i. The person is “very low-income,” as defined in Health and Safety Code section 50105;
ii. The person has qualified with another public agency to receive means-tested public benefits, including the following:

1. Supplemental Security Income or State Supplemental Payment

2. Cash Assistance Program for Immigrants (“CAPI”)

3. CalWorks

4. Medi-Cal

5. General Relief

6. Temporary Assistance for Needy Families (“TANF”)

7. In-Home Supportive Services (“IHSS”)
iii. The person is “homeless,” as defined by 24 C.F.R. section 578.3.

2. To establish eligibility for an indigency waiver, a cited person shall present one of the following forms of proof, dated within sixty (60) days before or after the date of the citation, establishing that they are indigent.
iv.Evidence that a person is “very-low income” as defined in Health and Safety Code section 50105: (1) copy of pay stub; (2) copy of tax return; (3) W-2 form; or (4) statement of gross monthly income, signed under penalty of perjury;
v.Evidence of receipt of means-tested public benefits: (1) benefit verification or “award” letter; (2) notice of action; (3) copy of benefits check stub; (4) Housing Authority of the City of Los Angeles (HACLA) voucher; (5) Medi- Cal card; (6) income and eligibility verification form issued by a public agency administering benefits; (7) monthly reporting form issued by a public agency administering benefits; or (8) benefits card;
vi.Evidence that a person is “homeless”: (1) verification of homelessness from Los Angeles Homeless Services Authority; (2) documentation from a service provider demonstrating homelessness; (3) documentation from a shelter demonstrating homelessness; or (4) administrative citation in which the citing officer describes the cited person as “unhoused,” “homeless,” “transient,” or some other term denoting homelessness.

3. The reviewing officer shall make a determination of whether or not the cited person has the ability to pay the full deposit to appeal an administrative citation based on the information provided in the statement of financial worth, and shall notify the cited person in writing by mail and/or email within ninety (90) calendar days from the date of receipt of the request for initial review; provided, however, that the City Manager or person designated by the City Manager may extend the ninety (90) day deadline upon a finding of good cause.

4. A previously-granted waiver of the payment requirement to appeal based on inability to pay will automatically qualify a cited individual for an indigency waiver of the citation penalty for the same administrative citation. The City will not require a cited individual to furnish documentation establishing inability to pay the same citation more than once.

A person for whom the determination has been made that the person does not have the ability to pay the full amount of the citation shall, no later than fourteen (14) calendar days from the date of the determination, coordinate with the department to enroll in and perform community service according to the manner set forth in Section 1.16.095 of Chapter 1.16.095 of the Code.

Section 9.48.080 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

9.48.080 – Administrative Hearing
A. A person whose initial review of an administrative citation has resulted in the citation being upheld pursuant to this chapter may contest the citation by filing a written appeal on a city-approved form to the city clerk within fourteen (14) calendar days from the date of the issuance of the written statement of the results of the initial review. The basis for the appeal must be specified in detail on the appeal form. The appeal form must include a mailing address and, if available an email address to which correspondence related to the request may be sent. Failure of the city clerk to receive a timely appeal constitutes a waiver of the right to contest a citation; in this event, the citation is final and binding.

B. A deposit in the amount of the citation must be paid at the time the appeal is filed. A cited person for whom a determination has been made that the person is unable to pay the full amount of the citation shall not be required to pay the deposit at the time the appeal is filed.

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

D. An appellant may request, in writing, that the city manager or his/her designee reschedule the hearing if the request is made at least twenty-four (24) hours prior to the hearing. The city manager or his/her designee shall grant one (1) continuance of the hearing date.

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

F. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish, by a preponderance of evidence, that the appellant committed the offense that was the basis for the citation. The officer issuing the administrative citation and/or submitting the written incident report or statement of facts shall not be required to appear at the hearing.

The hearing officer shall accept testimony by declaration under penalty of perjury relating to the commission of the offense, as set forth in the issuing officer's incident report or statement of facts, and shall consider any other relevant evidence concerning the commission of the offense that the director or his/her designee may present at the hearing. The hearing officer shall also take the testimony of the appellant, and/or his or her witnesses, will consider any other credible relevant rebuttal evidence the appellant may wish to present. The appellant may represent himself or herself or be represented by anyone of his or her choice, including counsel, at his or her sole expense. The appellant may bring an interpreter to the hearing at his or her sole expense.

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

H. The decision of the hearing officer is final and conclusive, subject only to review by the superior court in accordance with the time limits set forth in Code of Civil Procedure Section 1094.6.

Section 9.48.090 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

9.48.090 – Community service in lieu of payment of penalty.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this Code. A cited person who has been granted an indigency waiver pursuant to section 1.16.085 of Chapter 1.16 of this Code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

EXHIBIT “E”
Title 12 of the Lancaster Municipal Code is hereby amended as follows:

Chapter 12.04
Section 12.04.480 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows: :

12.04.480 – Violation – Penalty.

Every person who violates any of the provisions of this chapter is guilty of an infraction and upon conviction is punishable as provided in Chapter 1.12 of the Lancaster Municipal Code or as otherwise provided in the applicable sections of the California Penal Code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this Code. A cited person who has been granted an indigency waiver pursuant to section 1.16.085 of Chapter 1.16 of this Code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.
4877-6242-9763v1/022283-0548
EXHIBIT “A. ”
Title 1 of the Lancaster Municipal Code is hereby amended as follows:

Chapter 1.12:

Section 1.12.020 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

Section 1.12.020 – Penalty for violation.

A. Misdemeanors. Any person convicted of a misdemeanor under the provisions of this code, is punishable by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment in the Los Angeles County Jail for a period not exceeding six months, or by both such fine and imprisonment.

B. Infractions. Any person convicted of an infraction under the provisions of this code, is punishable by (1) a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) a fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one year; (3) a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one year.

C. Continuing Violations. Each day or any portion thereof that a person violates any provision of this code, including without limitation, the maintenance of a building, structure or use in violation of this code, shall constitute a separate offense.

D. Any person convicted of a misdemeanor or infraction under the provisions of the code sections set forth in the following fee schedule, is punishable by a fine not exceeding the penalty amounts or community service hours set forth in the following fee schedule. All other violations not set forth in the fee schedule below shall be punishable by a fine or community service hours in an amount to be adopted by ordinance of the City Council.

FEE SCHEDULE
Lancaster Municipal
Code Section
Violation Monetary
Penalty
Community
Service Hours

9.48.050(B)(1); Ch. 8.20 Littering $100
$200
$500
4 8
12 9.48.050(B)(2); Ch. 8.24 Noise Violations $100
$200
4 8
4877-6242-9763v1/022283-0548
Lancaster Municipal
Code Section
Violation Monetary
Penalty
Community
Service Hours
$500 12

9.48.050(B)(3); Ch. 8.62 Shopping Cart Violations $100
$200
$500
4 8
12 9.48.050(B)(4); Chs. 9.12,

9.16, and 9.18
Loitering Violations $100
$200
$500
4 8
12 9.48.050(B)(5); Ch. 9.20 Public Alcohol Consumption $100 $200
$500
4 8
12 9.48.050(B)(6); Ch. 9.34 Camping and Lodging Violations $25 $75
$150
2 4
8 9.48.050(B)(7); Ch. 9.36 Aggressive Solicitation Violations $100 $200
$500
4 8
12 9.48.050(B)(8); Ch. 12.04 Violations of Park Rules $50 $100
$200
4 8
12 9.48.050(A) Any misdemeanor offense as set forth in
the California Penal Code, Business &
Professions Code, Health & Safety
Code, Vehicle Code, or other state code,
provided such offense does not involve a
battery, assault, or other offense related
to physical attack or injury on a person
$100
$200
$500
4 8
12 8.30.060(A) Grass taller than 8” $50
$100
$200
4 8
12 8.30.060(B) Landscape materials or areas infested
with insects, disease or vermin
$100
$200
$500
4 8
12 8.30.060(C) Dead or dry plant material $100
$200
$500
4 8
12 8.30.060(D) Overgrown plant that prohibits
pedestrian or vehicular travel or
visibility on public street or sidewalk
$100
$200
$500
4 8
12 8.30.060(E) Trees or shrubs with dead limbs and
Branches
$100
$200
4 8
4877-6242-9763v1/022283-0548
Lancaster Municipal
Code Section
Violation Monetary
Penalty
Community
Service Hours
$500 12

8.30.060(F) Numerous or large areas of bare dirt
within lawns.
$50
$100
$200
4 8
12 8.30.060(G) Planter or lawn areas containing a
significant number of weeds
$50
$100
$200
4 8
12 8.30.060(H) Broken or improperly adjusted irrigation systems resulting in
significant or continuous spray, spillage
or flow or water onto adjacent
property, public streets or continuous
pooling or ponding of water either on
or off site
$100
$200
$500
4 8
12 8.30.060(I) Accumulation of large amounts of plant
material debris such as leaves, pulled
weeds, grass clippings, or branches that
are not being used for mulching or
composting purposes
$100
$200
$500
4 8
12 8.30.060(J) Inoperative backflow prevention device
on irrigation system
$100
$200
$500
4 8
12 5.04.290; Ch. 5.04; Article I
Business Licenses
Failure to obtain business license or
other violation of Ch. 5.04; Article I
Business Licenses
$100
$200
$500
4 8
12 5.04.210-240; Ch. 5.04;
Article II Peddlers and
Vendors
Failure to comply with Ch. 5.04; Article
II Peddlers and Vendors
$100
$200
$500
3 6
9 5.04.270-280; Ch. 5.04;
Article IV Registration of
Secondhand Purchases
Failure to comply with Ch. 5.04; Article
IV Registration of Secondhand
Purchases
$100
$200
$500
4 8
12 5.04.520; Ch. 5.04; Article
V Sidewalk Vendors
Failure to comply with Ch. 5.04; Article
V Sidewalk Vendors; subject to 5.04.530
$100
$200
$500
4 8
12 4877-6242-9763v1/022283-0548
Chapter 1.16
Section 1.16.040 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

1.16.040 Definitions.

A.A. " “City"” means the city of Lancaster.

B.B. "Code" means the Lancaster Municipal Code, the Lancaster Zoning Code, or any law, rule, regulation, or code which is adopted by reference.

C. “Community Service” means work performed for the benefit the community, including the participation in City-approved voluntary education and social service programs that cited persons may elect to perform as an alternative to paying the Penalty.

D.C. "Enforcement officer" means any person authorized to enforce violations of this code.

E.D. "Hearing officer" means any person appointed by the city manager to preside over the administrative hearings provided for in Section 1.16.090 of this code.

F.E. "Party" means any natural person, firm, association, business, trust, organization, corporation, partnership, company or any other entity which is recognized by law as the subject of rights or duties.

G.F. "Penalty" shall include "civil penalty" and shall mean the amount assessed for violation of this code pursuant to the administrative citation.

H.G. "Person" means any natural person, firm, association, business, trust, organization, corporation, partnership, company or any other entity which is recognized by law as the subject of rights or duties.

I.H. "Respondent" means any person or entity who is the registered owner, property owner, legal owner, driver, operator, tenant, lessee or is otherwise liable for penalties in accordance with the applicable section of this code, and who contests or disputes liability for civil penalties.

J. I. "Responsible person" shall mean an owner of any property, a person who is responsible for control of the property or the condition of the property or a person who is responsible for repair or maintenance of the property.
4877-6242-9763v1/022283-0548
Section 1.16.080 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

1.16.080 – Contents of administrative citation.

The administrative citation shall include all the following:

A.A. A brief description of the violation;
B.B. Date and location of the violation(s) and the approximate time the violation(s) was observed; and/or committed:

C.C. Code section(s) violated; :

D.D. Description of corrective action required; :

E.E. A statement explaining that each day constitutes a new violation; :

F.F. The amount of civil penalty imposed for the violation(s) as set forth in Section 1.12.020 of the Lancaster Municipal Code;
G.G. A statement advising that the fine shall be paid to the city within thirtysixty (3060) days from the date on the administrative citation, procedure for payment, and the consequences of failure to pay; and
H.H. A statement describing the responsible party'’s rights of appeal; I. Notice of the process for waiving or reducing payment requirements related to the citation; and
J. A link to the City’s website including the online location of the ability to pay form .

Section 1.16.085 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

1.16.085 Initial review–Review of administrative citation or ability to pay.

A.A. Request for initial review of administrative citation.

1.1. A person who has been issued an administrative citation pursuant to this chapter may request an initial review of the citation by the City. The request shall be made in writing and shall state the reason(s) that the citation should be dismissed. The requestor shall include a copy of all pertinent evidence. The request must include a mailing address and, if available, an email address to which correspondence related to the request may be sent.

The written request for an initial review must be received by the city clerk's office within fourteen (14) calendar days from the date of the citation's issuance. No fee shall be required for filing the request for an initial review. Failure of the city clerk to receive a timely request 4877-6242-9763v1/022283-0548
for an initial review constitutes a waiver of the right to contest the administrative citation; in this event, the citation is final and binding, and payment shall be due within thirty sixty (3060) calendar days from the date of the citation's issuance.

2.2. Upon timely receipt of a written request for an initial review of the administrative citation, the public safety director, development services director, City Manager or a person designated by either director the City Manager to act as a reviewing officer shall conduct an initial review of the administrative citation, the written incident report or statement of facts, and the request for review and all evidence submitted with the request.

The reviewing officer shall assess whether the evidence shows that the violation occurred and if any extenuating circumstances exist that warrant dismissal, and shall make a decision to preliminarily uphold or dismiss the citation. The reviewing officer shall notify the cited person of the decision in writing by mail and/or email within ninety (90) calendar days from the date of receipt of the request for initial review; provided, however, that the public safety director or development services director City Manager or person designated by the City Manager may extend the ninety (90) day deadline upon a finding of good cause.

B. B. Initial review of ability to pay.

1. A cited person, regardless of whether he/she wishes to challenge the citation who believes he/she is unable to pay, may request an initial review of the person's ability to pay. In addition to the written request for review based on ability to pay, a statement of financial worth shall be submitted. The request must include a mailing address and, if available, an email address to which correspondence related to the request may be sent.

The written request for an initial review must be received by the city clerk's office within fourteen (14) calendar days from the date of the citation's issuance. No fee shall be required for filing the request for an initial review. Failure of the city clerk to receive a timely request for an initial review constitutes a waiver of the right to challenge the ability to pay. In this event, the citation is final and binding, and payment shall be due within thirty (30) calendar days from the date of the citation's issuance; provided, however, that if the cited person timely filed a request for review of the administrative citation, the payment of the citation will be due in accordance with the outcome of that initial review and any subsequent proceedings. 4877-6242-9763v1/022283-0548

1. Indigency Waiver. The City will provide an ability to pay form on its website and make a physical copy of the form available at City Hall and the Public Safety Department office.

The City shall waive the citation penalty, any late payment or collection fee, and the payment requirement to appeal for individuals who demonstrate they are indigent. The City will accept that a cited person is indigent if the person fits into one of the following three categories:
i. The person is “very low-income,” as defined in Health and Safety Code section 50105;
ii. The person has qualified with another public agency to receive means-tested public benefits, including the following:

1. Supplemental Security Income or State Supplemental Payment

2. Cash Assistance Program for Immigrants (“CAPI”)

3. CalWorks

4. Medi-Cal

5. General Relief

6. Temporary Assistance for Needy Families (“TANF”)

7. In-Home Supportive Services (“IHSS”)
iii. The person is “homeless,” as defined by 24 C.F.R. section 578.3.

2. The statement of financial worth form shall include information relating to the cited person's employer, real and tangible personal property, monthly income including federal and/or state benefits, and all monthly financial obligations. The cited person shall certify the content of the statement as to its truth and correctness under penalty of perjury.

The cited person shall also sign a release form of that person's most recent federal income tax return.

2. To establish eligibility for an indigency waiver, a cited person shall present one of the following forms of proof, dated within sixty (60) days before or after the date of the citation, establishing that they are indigent.
i.Evidence that a person is “very-low income” as defined in Health and Safety Code section 50105: (1) copy of pay stub; (2) copy of tax return; (3) W-2 form; or (4) statement of gross monthly income, signed under penalty of perjury;
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ii.Evidence of receipt of means-tested public benefits: (1) benefit verification or “award” letter; (2) notice of action; (3) copy of benefits check stub; (4) Housing Authority of the City of Los Angeles (HACLA) voucher; (5) Medi-Cal card; (6) income and eligibility verification form issued by a public agency administering benefits; (7) monthly reporting form issued by a public agency administering benefits; or (8) benefits card; iii.Evidence that a person is “homeless”: (1) verification of homelessness from Los Angeles Homeless Services Authority; (2) documentation from a service provider demonstrating homelessness; (3) documentation from a shelter demonstrating homelessness; or (4) administrative citation in which the citing officer describes the cited person as “unhoused,” “homeless,” “transient,” or some other term denoting homelessness.

3.The reviewing officer shall make a determination of whether or not the cited person has the ability to pay the full deposit to appeal an administrative citation based on the information provided in the statement of financial worth, and shall notify the cited person in writing by mail and/or email within ninety (90) calendar days from the date of receipt of the request for initial review; provided, however, that the public safety director or development services director City Manager or person designated by the City Manager may extend the ninety (90) day deadline upon a finding of good cause.

4. A person who requested an initial review solely on the basis of ability to pay, for whom the determination has been made that the person has the financial ability to pay the full amount of the citation in one (1) payment, shall submit payment of the full amount of the citation within thirty (30) calendar days from the date of the notice of determination of ability to pay.

4. A previously-granted waiver of the payment requirement to appeal based on inability to pay will automatically qualify a cited individual for an indigency waiver of the citation penalty for the same administrative citation. The City will not require a cited individual to furnish documentation establishing inability to pay the same citation more than once.

5. A person for whom the determination has been made that the person does not have the ability to pay the full amount of the citation in one (1) payment, shall, no later than fourteen (14) calendar days from the date of the determination, coordinate with the department to establish a payment plan whereby the cited person shall make timely 4877-6242-9763v1/022283-0548
monthly payments until the citation has been paid in full enroll in and perform community service according to the manner set forth in Sections 1.16.040 and 1.16.095 of this Chapter.

Section 1.16.095 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

1.16.095 – Community service in lieu of payment of penalty.

A. A. As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform Community Service. The amount of hours of community service. The amount of the citation shall necessary to be reducedperformed for each hour of community service at a rate in accordance with the state's minimum wage in effect at the time the community service is performed. violation is set forth in section 1.12.020 of Chapter 1.12 of this Code. A cited person who has been granted an indigency waiver pursuant to section 1.16.085 of Chapter 1.16 of this Code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

B. In the event a person who has enrolled in community service fails or refuses to perform the community service in a timely and appropriate manner, as provided in any applicable rules, regulations, policies and procedures, the city City may cancel the community service agreement and collect any unpaid balance of the administrative citation in accordance with sectionSection 1.16.100 of this chapterChapter.

C. To ensure that community service alternatives to citation penalties are equally accessible to persons with disabilities, the City will provide reasonable accommodations. The City will adopt and maintain a process for receiving and addressing disability accommodation requests and grievances related to administrative citations.

Section 1.16.100 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

1.16.100 – Penalties assessed.

A. The
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A. Every person who violates any of the provisions of this chapter is guilty of an infraction and upon conviction is punishable as provided in Chapter 1.12 of the Lancaster Municipal Code or as otherwise provided in California Penal Code Section 374.4.

Violations of any of the provisions of this chapter may, in the alternative, be punished by the issuance of an administrative citation, the penalty amount of which shall be assessed at a rate as adopted by resolution of the city councilset forth in the Fee Schedule in Section 1.12.020 of Chapter

1.12 of this Code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this Code. A cited person who has been granted an indigency waiver pursuant to section 1.16.085 of Chapter 1.16 of this Code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

B.B. If the violator or property owner fails to correct the violation, subsequent administrative citations may be issued for the same violation(s).

C.C. Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the city.

D.D. All penalties assessed shall be payable to the cityCity.

E.E. The failure of any person to pay a penalty assessed by administrative citation within the time specified on the citation pursuant to Section 1.16.080(g) shall result in the assessment of an additional late fee. The amount of the late fee shall be one hundrednot exceed Thirty Dollars (100$30.00) percent of the total amount of theper administrative penalty owedcitation.

F.F. The failure of any person to pay a penalty assessed by administrative citation withwithin the time specified on the citation constitutes a debt to the city. To enforce that debt, the city may file a civil action, impose a special assessment as set forth below, or pursue any other legal remedy to collect such money.

G. G. The city may impose a special assessment against the property that is the subject of a citation if the citation has been issued to the property owner. The city shall record a notice of lien in the office of the county recorder when the special assessment procedure is used. When so made and confirmed, the cost shall constitute a lien on that property for the amount of the assessment.

After confirmation and recordation, a copy shall be turned over to the Los Angeles county tax collector. At that point, it will be the duty of the tax collector to add the amounts of the respective assessments to the next regular property tax bills levied against the lots and parcels 4877-6242-9763v1/022283-0548
of land for municipal purposes. Those amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected, and shall be subject to the same penalties and procedures under foreclosure and sale as provided for with ordinary municipal taxes. Or, after recording, the lien may be foreclosed by judicial or other sale in the manner and means provided by law.

Section 1.16.140 is hereby added to the Lancaster Municipal Code as follows:

1.16.140 – Rules, regulations.

The city manager, or city manager’s designee is authorized to promulgate such rules, regulations, policies and procedures as may be necessary or convenient to implement this chapter. 4877-6242-9763v1/022283-0548
EXHIBIT “B”
Title 5 of the Lancaster Municipal Code is hereby amended as follows:

Chapter 5.04
Section 5.04.520 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

5.04.520 – Penalties.

A. Violations of any of the provisions of this chapter shall not be prosecuted as infractions or misdemeanors andbut shall only be punished by the following issuance of an administrative citation and revocation structure: , the penalty amount of which shall be assessed at a rate as set forth in the Fee Schedule in Section 1.12.020 of Chapter 1.12 of this Code.

1. Except as otherwise provided in this chapter, any violation of this chapter shall be assessed administrative fines in the following amounts:
a) An administrative fine not exceeding one hundred dollars ($100.00) for a first violation.
b) An administrative fine not exceeding two hundred dollars ($200.00) for a second violation within one (1) year of the first violation.
c) An administrative fine not exceeding five hundred dollars ($500.00) for each additional violation within one (1) year of the first violation.

2. If a sidewalk vendor violates any portion of this chapter and cannot present the citing officer with a proof of a valid city business license, the sidewalk vendor shall be assessed administrative fines in the following amounts in lieu of the administrative fines set forth in paragraph (1):
a) An administrative fine not exceeding two hundred fifty dollars ($250.00) for a first violation.
b) An administrative fine not exceeding five hundred dollars ($500.00) for a second violation within one (1) year of the first violation.
c) An administrative fine not exceeding one thousand dollars ($1,000.00) for each additional violation within one (1) year of the first violation. 4877-6242-9763v1/022283-0548

3. Upon proof of a valid city business license issued by the local authority, the administrative fines set forth in paragraph (2) shall be reduced to the administrative fines set forth in paragraph (1), respectively.

4. B. The city manager, or the city manager’s designee may rescind a sidewalk vendor’s business license for the term of that license upon the fourth violation or subsequent violations.

Section 5.04.530 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

5.04.530 – Ability-to-pay determinations.

A. When assessing an administrative fine under this chapter, the city will take into consideration a sidewalk vendor’s ability to pay the fine , in the manner set forth in Section 1.16.085 of Chapter 1.16 of this Code.

1. Any fine issued under this section will be accompanied by a notice of and instruction regarding a person's right to request an ability-to-pay determination.

2. An operator or vendor may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a collection program.

B. If an operator or vendor is receiving public benefits under Government Code section 68632 (a), or has a monthly income which is 125 percent or less than the current poverty guidelines updated periodically in the federal register by the United States Department of Health and Human Services, the operator or vendor's administrative fine is limited to twenty (20) percent of the amount assessed. The city may also take the following actions:

1. Allow the operator or vendor to complete community

2. Waive the administrative fine; or

3. Offer an alternative disposition.
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Section 5.04.560 of the Lancaster Municipal Code is hereby added to the Lancaster Municipal Code as follows:

5.04.560 – Community service in lieu of payment of penalty. As an alternative to paying the amount of the administrative citation, a sidewalk vendor may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this Code. 4877-6242-9763v1/022283-0548
EXHIBIT “C”
Title 8 of the Lancaster Municipal Code is hereby amended as follows:

Chapter 8.20
Section 8.20.150 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

8.20.150 – Violation— – Penalty.

Every person who violates any of the provisions of this chapter is guilty of an infraction and upon conviction is punishable as provided in Chapter 1.12 of the Lancaster Municipal Code or as otherwise provided in California Penal Code Section 374.4.

Violations of any of the provisions of this chapter may, in the alternative, be punished by the issuance of an administrative citation, the penalty amount of which shall be assessed at a rate as set forth in the Fee Schedule in Section 1.12.020 of Chapter 1.12 of this Code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this Code. A cited person who has been granted an indigency waiver pursuant to section 1.16.085 of Chapter 1.16 of this Code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

Chapter 8.24
Section 8.24.060 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

8.24.060 – Violation— – Penalty.

AnyEvery person violating who violates any of the provisions of this chapter shall be deemed is guilty of a misdemeanor, an infraction and upon conviction thereof, shall be fined in the amount not exceeding one thousand dollars ($1,000.00) or be imprisoned in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.is punishable as provided in Chapter 1.12 of the Lancaster Municipal Code or as otherwise provided in California Penal Code Section 415.
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Violations of any of the provisions of this chapter may, in the alternative, be punished by the issuance of an administrative citation, the penalty amount of which shall be assessed at a rate as set forth in the Fee Schedule in Section 1.12.020 of Chapter 1.12 of this Code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this Code. A cited person who has been granted an indigency waiver pursuant to section 1.16.085 of Chapter 1.16 of this Code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

Chapter 8.30
Section 8.30.080 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

8.30.080 – Violations and remedies.

Violations of this chapter may be remedied by the city through the provisions of Chapter

1.16 or Chapter 8.28 as determined appropriate by the director. any of the provisions of this chapter shall not be prosecuted as infractions or misdemeanors but shall be punished by the issuance of an administrative citation, the penalty amount of which shall be assessed at a rate as set forth in the Fee Schedule in Section 1.12.020 of Chapter 1.12 of this Code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this Code. A cited person who has been granted an indigency waiver pursuant to section 1.16.085 of Chapter 1.16 of this Code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

Chapter 8.62
Section 8.62.130 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

8.62.130 – Penalty.

Notwithstanding any other provision of the municipal code to the contrary, any person who violates any provision of this chapter, and any cart owner who violates or fails to comply with or continuously maintain any provision of the shopping cart owner's city-approved cart containment 4877-6242-9763v1/022283-0548
and retrieval plan, is guilty of a misdemeanor unless the offense is charged as an infraction by a prosecuting attorney. Every person who violates any of the provisions of this chapter is guilty of an infraction and upon conviction is punishable as provided in Chapter 1.12 of the Lancaster Municipal Code or as otherwise provided in Business and Professions Code sections 22435 et seq.

Violations of any of the provisions of this chapter may, in the alternative, be punished by the issuance of an administrative citation, the penalty amount of which shall be assessed at a rate as set forth in the Fee Schedule in Section 1.12.020 of Chapter 1.12 of this Code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this Code. A cited person who has been granted an indigency waiver pursuant to section 1.16.085 of Chapter 1.16 of this Code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.
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EXHIBIT “D”
Title 9 of the Lancaster Municipal Code is hereby amended as follows:

Chapter 9.12
Section 9.12.040 of the Lancaster Municipal Code is hereby added to the Lancaster Municipal Code as follows:

9.12.040 – Violations and remedies.

Every person who violates any of the provisions of this chapter is guilty of an infraction and upon conviction is punishable as provided in Chapter 1.12 of the Lancaster Municipal Code or as otherwise provided in the California Penal Code, including, but not limited to, Sections 647 et seq., and 653 et seq.

Violations of any of the provisions of this chapter may, in the alternative, be punished by the issuance of an administrative citation, the penalty amount of which shall be assessed at a rate as set forth in the Fee Schedule in Section 1.12.020 of Chapter 1.12 of this Code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this Code. A cited person who has been granted an indigency waiver pursuant to section 1.16.085 of Chapter 1.16 of this Code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

Chapter 9.16
Section 9.16.050 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

9.16.050 – Violation— – Penalty.

A violation of any provision of this chapter is punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding six months or by both such fine and imprisonment.

Every person who violates any of the provisions of this chapter is guilty of an infraction and upon conviction is punishable as provided in Chapter 1.12 of the Lancaster Municipal Code or as otherwise provided in the California Penal Code, including, but not limited to, Sections 647 et seq., and 653 et seq.
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Violations of any of the provisions of this chapter may, in the alternative, be punished by the issuance of an administrative citation, the penalty amount of which shall be assessed at a rate as set forth in the Fee Schedule in Section 1.12.020 of Chapter 1.12 of this Code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this Code. A cited person who has been granted an indigency waiver pursuant to section 1.16.085 of Chapter 1.16 of this Code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

Chapter 9.18
Section 9.18.040 of the Lancaster Municipal Code is hereby and restated in its entirety to read as follows:

9.18.040 –Penalty.

Violation of this chapter shall be punishable by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not to exceed six months, or both.

Every person who violates any of the provisions of this chapter is guilty of an infraction and upon conviction is punishable as provided in Chapter 1.12 of the Lancaster Municipal Code or as otherwise provided in the California Penal Code, including, but not limited to, Sections 647 et seq., and 653 et seq..

Violations of any of the provisions of this chapter may, in the alternative, be punished by the issuance of an administrative citation, the penalty amount of which shall be assessed at a rate as set forth in the Fee Schedule in Section 1.12.020 of Chapter 1.12 of this Code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this Code. A cited person who has been granted an indigency waiver pursuant to section 1.16.085 of Chapter 1.16 of this Code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

Chapter 9.20
Section 9.20.040 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:
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9.20.040 – Violation— – Penalty.

Every person who violates any of the provisions of this chapter is guilty of a misdemeanor an infraction and upon conviction is punishable by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonmentas provided in Chapter 1.12 of the Lancaster Municipal Code or as otherwise provided in the California Penal Code, including, but not limited to, Sections 647 et seq., and 653 et seq. and/or Business and Professions Code Section 25620.

Violations of any of the provisions of this chapter may, in the alternative, be punished by the issuance of an administrative citation, the penalty amount of which shall be assessed at a rate as set forth in the Fee Schedule in Section 1.12.020 of Chapter 1.12 of this Code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this Code. A cited person who has been granted an indigency waiver pursuant to section 1.16.085 of Chapter 1.16 of this Code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

Chapter 9.34
Section 9.34.020 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

9.34.020 – Enforcement and penalties.

A. This chapter may be enforced by peace officer and by city of Lancaster employees in accordance with Chapter 1.08 of this Code.

B. Violations of this chapter may be punished as set forth in Chapter 1.12 of this Code, the penalty amount of which shall be assessed at a rate as set forth in the Fee Schedule in Section 1.12.020 of Chapter 1.12 of this Code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this Code. A cited person who has been granted an indigency waiver pursuant to section 1.16.085 of 4877-6242-9763v1/022283-0548
Chapter 1.16 of this Code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

Chapter 9.36
Section 9.36.040 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

9.36.040 – Penalty.

A violation of this section is punishable as a misdemeanor or chargeable at the district attorney’s or city prosecutor’s discretion.

Violations of any of the provisions of this chapter may, in the alternative, be punished by the issuance of an administrative citation, the penalty amount of which shall be assessed at a rate as set forth in the Fee Schedule in Section 1.12.020 of Chapter 1.12 of this Code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this Code. A cited person who has been granted an indigency waiver pursuant to section 1.16.085 of Chapter 1.16 of this Code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

Chapter 9.48
Section 9.48.060 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

9.48.060 – Administrative citations.

A. As an alternative to pursuing misdemeanor criminal proceedings, any officer, as defined in this chapter, may issue an administrative citation to a person when the officer has determined, through personal observation or after undertaking standard law enforcement investigatory actions, that the person has committed an offense as set forth in section 9.48.050. A separate citation will be issued for the commission of each separate or subsequent enumerated offense.

B. Within ten (10) days72 hours after issuance of a citation, the citing officer shall submit a copy of the citation and a written incident report or statement of facts to the director. Alternatively, in lieu of issuing the citation, the officer may elect to submit the written incident report or statement of facts to the director, who may then issue the citation.
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C. An administrative citation may be personally given to the offender, or the offender may be served by first class mail to an address which is either: (i) indicated on any form of identification presented to the officer, orof (ii) discovered by the officer during the course of his or her standard law enforcement investigatory actions. The date a citation is placed in a U.S. Postal Service mail receptacle receptable shall be the date of service. A declaration of service shall be made by the person mailing the administrative citation showing the date and manner of service by mail and reciting the name and address of the citation addressee. Failure of any responsible person to receive an administrative citation by mail shall not invalidate any citation issued pursuant to this chapter.

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

1.1. A brief description of the offense committedviolation;

2.2. The date, Date and location of the violation(s) and the approximate time the offenseviolation(s) was observed and/or committed; :

3.3. The state or municipal code Code section(s) violated:

4.Description of the offense committed; corrective action required:

4. A statement describing the cited person's due process rights related to contesting the citation;

5. A statement explaining that each day constitutes a new violation:

6. The amount of civil penalty imposed for the violation(s) as set forth in Section 1.12.020 of the Lancaster Municipal Code;

7. A statement advising that the fine shall be paid to the city within thirtysixty (3060) days from the date of on the administrative citation, procedure for payment, and the consequences of failure to pay;

8. A statement describing the responsible party’s rights of appeal;

9. Notice of the process for waiving or reducing payment requirements related to the citation; and

10. A link to the City’s website including the online location of the ability to pay form.

E. The penalty amounts of administrative citations issued pursuant to this chapter shall be as follows, which city council may periodically adjust by resolution: assessed at a rate as set forth in the Fee Schedule in Section 1.12.020 of Chapter 1.12 of this Code.

1. For the first administrative citation, the penalty shall be an amount set by resolution of the city council, not to exceed five hundred dollars ($500.00); 4877-6242-9763v1/022283-0548

2. For the second and any subsequent administrative citation, the penalty shall be an amount set by resolution of the city council, not to exceed one thousand dollars ($1,000.00).

Section 9.48.070 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

9.48.070 – Initial review of administrative citation or ability to pay.

A.A. Request for initial review of administrative citation.

1.1. A person who has been issued an administrative citation pursuant to this chapter may request an initial review of the citation by the cityCity. The request shall be made in writing and shall state the reason(s) that the citation should be dismissed. The requestor shall include a copy of all pertinent evidence. The request must include a mailing address and, if available, an email address to which correspondence related to the request may be sent.

The written request for an initial review must be received by the city clerk's office within fourteen (14) calendar days from the date of the citation's issuance. No fee shall be required for filing the request for an initial review. Failure of the city clerk to receive a timely request for an initial review constitutes a waiver of the right to contest the administrative citation; in this event, the citation is final and binding, and payment shall be due within thirty sixty (3060) calendar days from the date of the citation's issuance.

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

B. B. Initial review of ability to pay.
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1. A cited person, regardless of whether he/she wishes to challenge the citation, who believes he/she is unable to pay, may request an initial review of the person's ability to pay. In addition to the written request for review based on ability to pay, a statement of financial worth shall be submitted. The request must include a mailing address and, if available, an email address to which correspondence related to the request may be sent.

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

1. Indigency Waiver. The City will provide an ability to pay form on its website and make a physical copy of the form available at City Hall and the Public Safety Department office.

The City shall waive the citation penalty, any late payment or collection fee, and the payment requirement to appeal for individuals who demonstrate they are indigent. The City will accept that a cited person is indigent if the person fits into one of the following three categories:
i. The person is “very low-income,” as defined in Health and Safety Code section 50105;
ii. The person has qualified with another public agency to receive means-tested public benefits, including the following:

1. Supplemental Security Income or State Supplemental Payment

2. Cash Assistance Program for Immigrants (“CAPI”)

3. CalWorks

4. Medi-Cal

5. General Relief

6. Temporary Assistance for Needy Families (“TANF”)

7. In-Home Supportive Services (“IHSS”)
iii. The person is “homeless,” as defined by 24 C.F.R. section 578.3. 4877-6242-9763v1/022283-0548

2. To establish eligibility for an indigency waiver, a cited person shall present one of the following forms of proof, dated within sixty (60) days before or after the date of the citation, establishing that they are indigent.
iv.Evidence that a person is “very-low income” as defined in Health and Safety Code section 50105: (1) copy of pay stub; (2) copy of tax return; (3) W-2 form; or (4) statement of gross monthly income, signed under penalty of perjury;
v.Evidence of receipt of means-tested public benefits: (1) benefit verification or “award” letter; (2) notice of action; (3) copy of benefits check stub; (4) Housing Authority of the City of Los Angeles (HACLA) voucher; (5) Medi- Cal card; (6) income and eligibility verification form issued by a public agency administering benefits; (7) monthly reporting form issued by a public agency administering benefits; or (8) benefits card;
vi.Evidence that a person is “homeless”: (1) verification of homelessness from Los Angeles Homeless Services Authority; (2) documentation from a service provider demonstrating homelessness; (3) documentation from a shelter demonstrating homelessness; or (4) administrative citation in which the citing officer describes the cited person as “unhoused,” “homeless,” “transient,” or some other term denoting homelessness.

3.The reviewing officer shall make a determination of whether or not the cited person has the ability to pay the full deposit to appeal an administrative citation based on the information provided in the statement of financial worth, and shall notify the cited person in writing by mail and/or email within ninety (90) calendar days from the date of receipt of the request for initial review; provided, however, that the director City Manager or person designated by the City Manager may extend the ninety (90) day deadline upon a finding of good cause.

4. A person who requested an initial review solely on the basis of ability to pay, for whom the determination has been made that the person has the financial ability to pay the full amount of the citation in one (1) payment, shall submit payment of the full amount of the citation within thirty (30) calendar days from the date of the notice of determination of ability to pay.

5. 4877-6242-9763v1/022283-0548

4. A previously-granted waiver of the payment requirement to appeal based on inability to pay will automatically qualify a cited individual for an indigency waiver of the citation penalty for the same administrative citation. The City will not require a cited individual to furnish documentation establishing inability to pay the same citation more than once.

A person for whom the determination has been made that the person does not have the ability to pay the full amount of the citation in one (1) payment, shall, no later than fourteen (14) calendar days from the date of the determination, coordinate with the department to establish a payment plan whereby the cited person shall make timely monthly payments until the citation has been paid in full enroll in and perform community service according to the manner set forth in Section 1.16.095 of Chapter

1.16.095 of the Code.

Section 9.48.080 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

9.48.080 – Administrative hearing.Hearing
A. A person whose initial review of an administrative citation has resulted in the citation being upheld pursuant to this chapter may contest the citation by filing a written appeal on a city-approved form to the city clerk within fourteen (14) calendar days from the date of the issuance of the written statement of the results of the initial review. The basis for the appeal must be specified in detail on the appeal form. The appeal form must include a mailing address and, if available, an email address to which correspondence related to the request may be sent. Failure of the city clerk to receive a timely appeal constitutes a waiver of the right to contest a citation; in this event, the citation is final and binding.

B. A deposit in the amount of the citation must be paid at the time the appeal is filed. A cited person for whom a determination has been made that the person is unable to pay the full amount of the citation in one (1) payment as set forth in section 9.48.070 B.(5) of this chapter shall tender the first payment of the payment plan established pursuant to that subsection shall not be required to pay the deposit at the time the appeal is filed.

C. As soon as practicable after a timely appeal is filed, the city manager or his/her designee shall fix a date, time and place for a hearing. The hearing shall be conducted by a hearing officer. Written notice of the time and place for the hearing shall be served by first class mail and/or email at least ten (10) calendar days prior to the date of the hearing.
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D. An appellant may request, in writing, that the director city manager or his/her designee reschedule the hearing if the request is made at least twenty-four (24) hours prior to the hearing. The directorcity manager or his/her designee shall grant one (1) continuance of the hearing date.

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

F. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish, by a preponderance of evidence, that the appellant committed the offense that was the basis for the citation. The officer issuing the administrative citation and/or submitting the written incident report or statement of facts shall not be required to appear at the hearing.

The hearing officer shall accept testimony by declaration under penalty of perjury relating to the commission of the offense, as set forth in the issuing officer's incident report or statement of facts, and shall consider any other relevant evidence concerning the commission of the offense that the director or his/her designee may present at the hearing. The hearing officer shall also take the testimony of the appellant, and/or his or her witnesses, will consider any other credible relevant rebuttal evidence the appellant may wish to present. The appellant may represent himself or herself or be represented by anyone of his or her choice, including counsel, at his or her sole expense. The appellant may bring an interpreter to the hearing at his or her sole expense.

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

H. The decision of the hearing officer is final and conclusive, subject only to review by the superior court in accordance with the time limits set forth in Code of Civil Procedure Section 1094.6.

Section 9.48.090 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows:

9.48.090 – Community service in lieu of payment of penalty A.
4877-6242-9763v1/022283-0548
As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service. The , as set forth in Section 1.16.095 of Chapter 1.16 of this Code. A cited person who has been granted an indigency waiver pursuant to section 1.16.085 of Chapter 1.16 of this Code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation shall be reduced for each hour of community service at a rate in accordance with the state's minimum wage in effect at the time the community service is performed..

B. In the event a person who has enrolled in community service fails or refuses to perform the community service in a timely and appropriate manner, as provided in any applicable rules, regulations, policies and procedures, the city may cancel the community service agreement and collect any unpaid balance of the administrative citation in accordance with section

9.48.100 of this chapter.
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EXHIBIT “E”
Title 12 of the Lancaster Municipal Code is hereby amended as follows:

Chapter 12.04
Section 12.04.480 of the Lancaster Municipal Code is hereby amended and restated in its entirety to read as follows: :

12.04.480 Violation—Penalty.

It is a misdemeanor for any person within an area owned or controlled by the city to knowingly and wilfully violate any provision of this chapter, the conditions of any permit issued pursuant hereto, or any rule or regulation relating to parks or buildings.

12.04.480 – Violation – Penalty.

Every person who violates any of the provisions of this chapter is guilty of an infraction and upon conviction is punishable as provided in Chapter 1.12 of the Lancaster Municipal Code or as otherwise provided in the applicable sections of the California Penal Code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this Code. A cited person who has been granted an indigency waiver pursuant to section 1.16.085 of Chapter 1.16 of this Code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

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Document 1 ID file://C:\Users\gmaestri\Desktop\Lancaster Municipal Code Sections\Original Ordinance Sections.docx
Description Original Ordinance Sections
Document 2 ID file://C:\Users\gmaestri\Desktop\Lancaster Municipal Code Sections\Revised Ordinance Sections.docx
Description Revised Ordinance Sections
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