Exhibit 2 - Schedule
IDS acknowledges understanding and awareness of the proposed schedule and that no price adjustments will be permiƩ ed for acceleraƟ on. In support of the project’s milestones listed in the RFP , IDS has provided the following schedule. &LW\2I/DQFVWHU(O'RUDGR3DUN
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EXHIBIT “3”
FEE SCHEDULE
The Consultant shall maintain separate costs and shall identify the specific costs. The costs under this task order shall include:
A. Task Order 1 – Payment and Fees
Service Group Category 12 (Reference RFQ 769-22)
Architectural and Engineering Design – On-Site Facilities El Dorado Park Improvements
(Reference: PWCP 24-008)
Exhibit 3, Page 1 of 2
TASK
NO. DESCRIPTION PRICE
1. PROJECT MANAGEMENT $64,619.00
1.1 Meetings
1.2 Project Management
1.3 Quality Assurance & Quality Control
1.4 Permits
1.5 Deliverables
2. PRE-DESIGN $79,699.00
2.1 Research
2.2 Utilities
2.3 Incidental Research
2.4 Surveying and Mapping
2.5 Potholing
2.6 Geotechnical
2.7 Deliverables
3. CONCEPTUAL AND SCHEMATIC DESIGN $193,422.00
3.1 Conceptual Plans (30%)
3.2 Phase 1 Schematic Design (30%)
3.3 Cost Estimate
3.4 Deliverables
TOTAL COST*
NOT TO EXCEED $337,740.00
TOTAL COST AMOUNT WRITTEN IN WORDS
Three hundred and thirty-seven, seven hundred and forty thousand dollars a. Hours** and Personnel
* In support of Exhibit 3, Consultant shall provide two fee grids (in table format), with an itemized breakdown by:
EXHIBIT 3: PAYMENT AND FEES*
1 Service Group Category 12 (Reference RFQ 769-22)
Architectural and Engineering Design – On-Site Facilities El Dorado Park Improvements
(Reference: PWCP 24-008)
Exhibit 3, Page 2 of 2
TASK
NO. DESCRIPTION PRICE
EXHIBIT 3: PAYMENT AND FEES*
b. Rate and Personnel
** Hours are for progress tracking purposes only. This is a lump sum not to exceed contract to provide services as described in Exhibit 1, complete. Additional hours and associated costs will only be considered for change in scope and must be authorized in writing prior to expenditure. 2 City of Lancaster | Service Group Category 12
El Dorado Park Improvements
Level of Effort ‐ Work Breakdown Fee
Starlight ASE Site Scan
Project Sr Struc Elec Elec Civil Designer M/P M/P CAD Cost Land Land Land Land Project Rendering Cost Survey Geotech Utilities Prin Manager Architect Sr Engr Engr Des Engr Arch/Eng Engr Des Drafting Est Prin-I Prin-II Architect CAD Principal Manager Designer Drafter Artsist Est LS LS LS $216 $166 $166 $166 $166 $116 $153 $139 $166 $116 $104 $153 $210 $180 $165 $130 $150 $125 $125 $85 $75 $75 1 1 1 $ 1 Project Management (Including 1.5 - Deliverables) $64,619
1.1 Meetings 1 2 1 2 8 1 6 1 1 0 1 3 1 6 1 1 00 05 1 82 40000000 0 0 $24,683
1.2 Project Management 8 884 3 0 4 0 3 00 00 4 1 60000000 0 0 $10,016
1.3 Quality Assurance/ Quality Control 0 444 1 0 8 0 1 00 01 4 8 0000000 0 0 $5,798
1.4 Permits 444 1 4 1 $2,880
1.5 Deliverables 0 444 1 0 8 4 8 1 0 6 8 01 4 1 28000000 0 0 $21,242 2 Pre-Design $79,699
2.1 Research 2 2 0 2 0 2 0 4 0 2 4 0 2 00 00 0 8 0000000 0 0 $18,574
2.2 Utilities 0 000 4 0 4 0 2 00 00 0 0 0000000 0 6,545$ $8,153
2.3 Incidential research 0 000 0 0 2 0 0 00 00 0 0 0000000 0 0 $306
2.4 Topographic Survey 0 000 0 3 6 0 0 00 00 0 0 0000000 28,000$ 0 0 $33,508
2.5 Potholing 0 000 0 0 2 0 0 00 00 0 0 0000000 0 5,330$ $5,636
2.6 Geotechnical Investigation and Report 0 000 0 0 2 0 0 00 00 0 0 0000000 10,000$ 0 $10,306
2.7 Deliverables 0 444 0 8 0 0 00 00 0 0 0000000 - $ 0 0 $3,216 3 Conceptual and Schematic Design $193,422
3.1 Conceptual Plans 12 40 80 20 8 4 12 40 8 4 120 0 5 10 32 60 2 3 10 3 3 0 0 0 $67,627
3.2 Schematic Design - 30% 16 72 80 24 16 20 16 116 12 12 140 24 7 12 36 72 2 7 10 3 3 0 0 0 $99,671
3.3 Cost Estimate 4 000 4 0 4 8 2 00 0 2 4 8000002 0 0 $5,794
3.4 Deliverables 4 8 4 0 1 6 4 4 4 8 2 00 1 6 0 2 4 8000002 0 0 $19,330
3.4.1 Direct Project Expense Allowance 0 000 0 0 0 0 0 00 00 0 0 0000000 0 0 $1,000 Total Hours 58 176 252 116 57 28 125 280 45 16 328 40 19 56 144 156 4 10 20 6 6 4 0 0 Total Cost $12,528 $29,216 $41,832 $19,256 $9,462 $3,248 $19,125 $38,920 $7,470 $1,856 $34,112 $6,120 $3,990 $10,080 $23,760 $20,280 $600 $1,250 $2,500 $510 $ 450 $300 $28,000 $10,000 $11,875 $337,740TOTAL PROFESSIONAL FEE PROPOSAL
Total
NuvisIDS
Task & Description
Spohn Ranch
IDS GROUP, INC.
Rate Sheet
Title - Association Hourly Rate
Principal $216
Associate Principal $202
Senior Project Manager | Associate $191
Project Manager $166
Senior Architect | Engineer $166
Senior Cost Estimator $153
Project Architect | Engineer $166
Designer Architect | Engineer $139
Engineering Designer - BIM $116
Two Man Survey Crew $290
Architectural Job Captain | Designer $116
CAD Drafting Engineer | Architect $104
Office Administration $64
Expenses such as, but not limited to plan check fees, permits inspections, testing services, title company fees, special delivery charges, plotting/presentation boards, maps, aerial photographs, and reprographics / illustrations that may be required for community or other stakeholder presentations, shall be billed to the owner at Consultant’s direct cost plus 5%.
Nuvis
Landscape Architecture
Rate Sheet
Title - Association Hourly Rate
Principal I $210
Principal II $180
Land Architect $165
Land CAD $130
Spohn Ranch
Skatepark Design
Rate Sheet
Title - Association Hourly Rate
Principal $150
Project Manager $125
Designer $125
Drafter $85
Rendering Artist $75
Cost Estimator $75
STAFF REPORT
City of Lancaster
CC 7
1/10/2023
JC
Date:January 10, 2023
To: Mayor Parris and City Council Members
From:Andrea Alexander, City Clerk
Subject:Approve Amendment of Professional Services Agreement between the City of Lancaster and Ronald Chatters, III, Consultant
Recommendation:
1.Approve an amendment of Professional Services Agreement between the City of Lancaster and Ronald Chatters, III to increase contract amount by $72,997.22 to complete implementation of the Administrative Citation Program.
2.Find that the California Environmental Quality Act does not apply to this item.
Fiscal Impact:
$72,997.22 bringing the total contract amount to $192,997.22.
Background:
In August, staff began working to develop the implementation of the Administrative Citation program. Ronald Chatters, III was selected as a consultant to assist with creating policies and procedures for the Administrative Citation program.
The City of Lancaster entered into an agreement specifically for the implementation of the Administrative Citation program on August 15, 2022. The agreement was signed by Mr. Chatters on August 24, 2022 and signed by the City Manager on September 11, 2022. However, commencement of the work related to the agreement began on August 22, 2022.
Currently, the budgeted amount will not allow the consultant to assist with completion of implementation. It is necessary to increase the requested amount so that we may cover invoices for the months of January and February. Thus, allowing staff to complete implementation through the agreed upon contract term. Staff is requesting Council to approve an increase in the contract amount by $72, 997.22 to cover remaining invoices.
Attachment(s):
Amendment to Agreement
1 1
3 6
Original Executed Agreement for Professional Services
Memo-Sole Source, Ronald Chatters, III
3 0
9 1
AMENDMENT NO. 1 TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT BY
AND BETWEEN THE CITY OF LANCASTER AND RONALLD CHATTERS, III This Amendment (“Amendment No. 1”) is hereby entered into effective January 10, 2022 by and between the City of Lancaster, a Municipal Corporation, in the State of California, and Ronald Chatters, III (CONTRACTOR) with respect to Exhibit “A” of the Agreement for Professional Services between the parties dated August 15, 2022 (“Agreement”).
The Parties agree as follows:
1. Section 5A of the agreement is hereby replaced as follows:
The total compensation to be paid by the City of Lancaster to Consultant for all work and services described in the Scope of Services and Rates Schedule is not to exceed $192,997.22 or 1,913 hours for the original base contract. Any work performed above 1,913 hours shall be billed at the hourly rate of $100.84 as necessary to complete the Services as described in the Scope of Services and Rates. Consultant shall inform client if and when the hours worked reach 1,813 hours so that Client can prioritize the remaining services requested. Payments shall be due within thirty (30) days following submittal of an invoice detailing the services performed as set forth in Exhibit A.
2. All other terms and provisions of the Agreement are hereby reaffirmed.
IN WITNESS WHEREOF, the parties have executed the Amendment of the date set forth below:
CITY OF LANCASTER CONSULTANT/CONTRACTOR
_______________________________ __________________________ Jason Caudle, City Manager Ronald Chatters, III
ATTEST:
_______________________________
Andrea Alexander, City Clerk
3 0
9 1
__________________________________
City Attorney
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES is made and entered into this 15th day of August, 2022, by and between the CITY OF LANCASTER, a municipal corporation and charter city, (“City”), and Ronald Chatters III, a sole proprietorship, (“Consultant”) (collectively, sometimes referred to hereinafter as the “Parties”).
RECITALS
WHEREAS, the City desires to engage Consultant to perform certain technica l and professional services, as provided herein, identified as:
City Manager’s Office & City Clerk’s Office (THE “SERVICES”)
WHEREAS, the principal members of Consultant are qualified and duly registered/licensed under the laws of the State of California, and Consultant desires to accept such engagement;
NOW, THEREFORE, the parties agree as follows:
1. Parties to the Agreement.
The parties to this Agreement are:
A. CITY: City of Lancaster
B. CONSULTANT: Ronald Chatters III
2. Notices. All written notices required by or related to this Agreement shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this Agreement shall refuse to accept such mail; parties to this Agreement shall pro mptly inform the other party of any changes of address. All notices required by this Agreement are effective on the day of receipt, unless otherwise indicated herein.
CITY City of Lancaster
Attn: Jason Caudle, City Manager
44933 North Fern Avenue
Lancaster, California 93534
CONSULTANT Ronald Chatters III
37007 Barons Court
Palmdale, California 93552
3. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided , however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without prior written consent of the other party, and any such assignments without said consent shall be void.
DocuSign Envelope ID: 4E82D3D2-5DFD-4671-B355-938C4285AB3C
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4. Description of Work. The City hereby engages Consultant, and Consultant accepts such engagement, to perform the technical and professional services set forth in the “Scope of Services and Rates Schedule,” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant shall perform and complete, in a manner satisfactory to the City, all work and services set forth in Exhibit “A.” The City Manager or his designee shall have the right to review and inspect the work during the course of its performance at such times as may be specified by the City Manager, or his designee.
5. Obligations of the City.
A. The City shall pay Consultant an amount not to exceed $12,100.80 for all work equivalent to 30 hours a week. Any work above 30 hours will be billed at the hourly rate of $ 100.84 as necessary to complete the Services per month, as described in the Scope of Services and Rates Schedule.
Payments shall be due within thirty (30) days following submittal of an invoice detailing the services performed, at the hourly rates set forth in Exhibit A.
B. No payment made hereunder by the City to Consultant, other than the final payment, shall be construed as an acceptance by the City o f any work or materials, nor as evidence of satisfactory performance by Consultant of its obligations under this Agreement.
6. Obligations of the Consultant.
A. Consultant shall perform as required by this Agreement and in accordance with the Scope of Services and Rates Schedule set forth in Exhibit A.
B. Consultant shall be responsible for payment of all employees’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security.
C. Consultant shall not subcontract any of the work required to perform the Services without the express prior written approval of the City.
7. Hold Harmless and Indemnification . Consultant agrees to indemnify and hold harmless the City, its elected officials, officers and employees, from and against any and all third-party claims, losses, obligations, or liabilities whatsoever, including reasonable attorney’s fees, incurred to the extent arising out of or related to Consultant’s negligent or willful wrongful acts, errors or omissions, or those of its employees or agents. Consultant agrees to defend the City, its officers and employees, using counsel of the City’s choosing, from and against any and all claims covered by the indemnity in the preceding sentence.
8. Amendments. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon mutual written approval by the City and Consultant.
9. Non-Discrimination and Equal Employment Opportunity.
A. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, physical or mental disability or age.
Consultant will take affirmative action to ensure that subcontractors and applicants DocuSign Envelope ID: 4E82D3D2-5DFD-4671-B355-938C4285AB3C
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are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, physical or mental disability or age. Affirmative action relating to employment shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship.
B. The provisions of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of Consultant for personnel to perform any services under this Agreement. The City shall have access to all documents, data and records of Consultant and its subcontractors for purposes of determining compliance with the equal employment opportunity and non- discrimination provisions of this Section.
10. Term; Effective Date. This Agreement shall become effective and shall be in full force and effect upon the execution of the Agreement by the City and the Consultant. This Agreement shall continue in full force and effect for six (6) months, unless the Agreement is sooner terminated in accordance with this Agreement; provided, however, that the City and the Consultant may mutually agree in writing to extend the Term of this Agreement.
11. Termination.
A. For Convenience. The City may terminate this Agreement at any time without cause by giving thirty (30) days written notice to the other party of such termination and specifying the effective date thereof. In the event of termination of this Agreement, Consultant will be paid for work completed through the date of termination within thirty (30) days following submittal of a final invoice.
B. For Cause. If Consultant fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its t erms, Consultant shall correct such failure within ten (10) days (or such longer period that the City may authorize in writing) after receipt of notice from the City specifying such failure. Should the failure not be corrected within this time period, the City may immediately terminate the Agreement by written notice to Consultant.
C. In the event of termination, whether for convenience or cause, reports, plans, studies and other documents (collectively, “documents”) related to the Services shall become the City’s property. Consultant shall provide all documents to the City that have not yet been within ten (10) calendar days after termination of the Agreement.
12. Independent Contractor. Consultant is an independent contractor and shall have no power or authority to incur any debt, obligation or liability on behalf of the City. It is expressly understood between the Parties to this Agreement that no employee/employer relationship is intended.
13. Insurance.
A. The Consultant, at its expense and reimbursed by the City, shall maintain in effect at all times during the term of this Agreement the following coverage and limits of insurance, which shall be maintained with insurers listed “A-, VIII” or better in the Best’s Key Rating Guide:
DocuSign Envelope ID: 4E82D3D2-5DFD-4671-B355-938C4285AB3C
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Commercial General Liability
Each Occurrence $1,000,000
Per Project General Aggregate $2,000,000
Including Products/Completed Operations; Contractual Liability/Independent Contractors; Property Damage
(Coverage shall be at least as broad as ISO form CG2010 11/85 or CG2010 07/04 and CG2037 07/04 combined, or an equivalent providing ongoing and completed operations)
Commercial Automobile Liability
Combined Single Limit per Accident for
Bodily Injury and Property Damage $1,000,000
(Coverage shall be at least as broad as ISO form CA00 01) Workers Compensation
As Required by the State of California
Statutory Limits
Employers’ Liability
Each Accident
$1,000,000
Bodily Injury by Disease $1,000,000
Each Employee $1,000,000
(A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation & Employers’ Liability policies)
Professional Liability/Malpractice
Each Occurrence $1,000,000
General Aggregate $1,000,000
Provide one of the following for cyber-related services Technology Professional Liability
(Errors and Omissions)
Each Occurrence $2,000,000
General Aggregate $2,000,000
(Coverage shall be sufficiently broad to respond to the duties and obligations as are undertaken by Consultant pursuant to this Agreement and shall include, without limitation, claims involving invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as any applicable regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.)
Or
Cyber Liability Insurance
Each Occurrence
$2,000,000
General Aggregate $2,000,000
B. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insured’s liability.
DocuSign Envelope ID: 4E82D3D2-5DFD-4671-B355-938C4285AB3C
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C. Professional liability and/or cyber insurance written on a “claims made” basis must be renewed for a period of three (3) years after this contract expires or is terminated. Such insurance must have the same coverage and limits as the policy that was in effect during the term of this contract and will cover Consultant for all claims made by the City insured entities arising out of any acts or omissions of Consultant or its officers, employees, or agents during the time this Agreement was in effect.
D. Any deductibles or self-insurance retentions must be declared and approved by the City. At the City’s option, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City insured entities or the insurer shall procure a bond gu aranteeing payment of losses and related investigations, claim administration and defense expenses.
E. All insurance shall be primary and non -contributory as respects the City insured entities. Any insurance or self-insurance maintained by the City insured entities shall be in excess of the Consultant’s insurance and shall not contribute with it.
F. Consultant shall furnish the City with Certificates of Insurance and with original endorsements effecting coverage required by this Agreement. Certificates of Insu rance shall meet the following requirements:
(1) Show that the insurance policy has been endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after 30 days’ prior written notice (10 days’ written notice for non-payment) to the City of Lancaster.
(2) List in the “Descriptions of Operations/Locations/Vehicles” section:
“Legal Consultant City Manager’s Office & City Clerk’s Office” The City of Lancaster, its elected officials, officers, employees and volunteers are included as additional covered parties, but only insofar as the operations under this contract are concerned.”
(3) List in the “Certificate Holder” section:
The City of Lancaster, 44933 Fern Avenue, Lancaster, California 93534.
14. Commencement and Completion of Work. The Services to be provided by Consultant pursuant to this Agreement shall commence within 2 days after execution of this Agreement, and shall be completed no later than 180 days following commencement; provided however, that the Parties may agree to extend the time for completion upon mutual written agreement.
15. Ownership of Documents . All plans, specifications, reports, studies, maps and other documents prepared or obtained by Consultant in the course of performing the work and are required by this Agreement to be delivered to the City shall be the property of the City. Basic sketches, charts, computations and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to City without restriction or limitation on their use.
16. Data Provided to Consultant. City shall provide to Consultant, without charge, all data, including reports, records, maps and other information, now in the City’s possession which may facilitate the timely performance of the work described in Exhibit A.
DocuSign Envelope ID: 4E82D3D2-5DFD-4671-B355-938C4285AB3C
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17. Consultant’s Warranties and Representations.
Consultant warrants and represents to City as follows:
A. Consultant has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement.
B. Consultant has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, in its sole discretion, to terminate this Agreement without further liability, or, in the alternative, to deduct from any sums payable hereunder the full amount or value of any such fee, commission, percentage or gift.
C. Consultant has no knowledge that any officer or employee of the City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of the Consultant, and that if any such interest comes to the knowledge of Consultant at any time, a complete written disclosure of such interest will be made to City, even if such i nterest would not be deemed a prohibited “conflict of interest” under applicable laws.
D. Upon the execution of this Agreement, Consultant has no interest, direct or indirect, in any transaction or business entity which would conflict with or in any manner h inder the performance of services and work required by this Agreement, nor shall any such interest be acquired during the term of this Agreement.
18. Resolution of Disputes.
A. Disputes regarding the interpretation or application of any provisions of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties.
B. If the parties cannot resolve the dispute through good faith negotiations, either party may give Notice of Dispute to the other party. The Notice of Dispute shall state the nature of the dispute and the corrective action necessary to remedy the dispute.
After Notice of Dispute, the parties shall first attempt to resolve any disputes by mediation. The parties shall agree on a single mediator . Mediation shall be conducted in Lancaster, California. Each party shall pay its own attorneys’ fees and the costs of mediation shall be split equally between the parties.
If the dispute has not been resolved by mediation within 45 days after Notice of Dispute, or the parties are unable to agree to a mediator, within 15 days after Notice of Dispute, then, the dispute may, upon agreement of the parties be resolved by binding arbitration.
DocuSign Envelope ID: 4E82D3D2-5DFD-4671-B355-938C4285AB3C
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C. If any action at law or in equity is brought to enforce or interpret any provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, cost and necessary disbursements, in addition to such other relief as may be sought and awarded.
19. Exhibits.
The following exhibits to which reference is made in this Agreement are deemed incorporated herein in their entirety:
Exhibit “A” Scope of Services and Rates Schedule
20. Governing Law.
This Agreement shall be governed by the laws of the State of California.
21. Effective Date.
This Agreement shall become effective as of the date set forth below on which the last of the parties, whether City or Consultant, executes said Agreement.
[Signatures begin on next page.]
DocuSign Envelope ID: 4E82D3D2-5DFD-4671-B355-938C4285AB3C
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.
CITY OF LANCASTER
LANCASTER, CALIFORNIA
By: _____________________________
Jason Caudle, City Manager
Dated: __________________________
Ronald Chatters, III
By: _____________________________
Dated: __________________________
ATTEST:
________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
City Attorney
CONTRACT SUBMISSION APPROVAL:
___________________________________
Department Head
DocuSign Envelope ID: 4E82D3D2-5DFD-4671-B355-938C4285AB3C August 24, 2022 | 9:02:26 AM PDT
September 11, 2022 | 11:02:10 AM PDT
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EXHIBIT A
SCOPE OF SERVICES
AND RATES SCHEDULE
1. Provide on-going advice, guidance and representation to the City working through the City Manager and City Clerk regarding the Administrative Citation Program.
2. Provide counsel to the City Manager and City Clerk’s Department in an effort to reduce the potential for litigation regarding the Administrative Citation Program.
3. Provide management consulting services to the City Manager’s Office and City Clerk Department.
4. Assist in reviewing and analyzing potential legal issues in administering the Administrative Citation Program.
5. Collaborate with City Clerk to explore best practices regarding the development and implementation of the Administrative Citation Program by:
Conducting research including literature reviews and primary research, and identifying and engaging internal and external experts to address knowledge gaps, synthesizing findings, and making recommendations.
Supporting the development and execution of planning tools and frameworks, such as theory of change diagrams, logic models, impact maps, problem statements, and potential solutions, including technical assistance, policy development, and advocacy. Facilitating project team discussion and problem-solving. Asking strategic questions to validate underlying assumptions in project design and providing impartial guidance to strengthen the team's approach. Participating in a rigorous vetting process to determine the technical and political viability of project design solutions and provide strategic recommendations on the potential role for the organization.
6. Assist with the development and implementation of the Administrative Citation Program by:
Developing policies and procedures governing the operations of the program; Developing strategies to assess the functionality of the program; Developing audit mechanisms and procedures to ensure the integrity of th e program, including but not limited to potential disparate impacts on residents and neighborhoods ; and,
Developing and identifying training courses, including those that include diversity and bias components, for all City staff responsible for issuing citations via the program.
Total Fee Proposed: $12,100.80 monthly or $100.84 per hour plus mileage reimbursement for on-site services
DocuSign Envelope ID: 4E82D3D2-5DFD-4671-B355-938C4285AB3C
To: Purchasing Division
From: Andrea Alexander, City Clerk
CC: George Harris, Finance and IT Director
Ron Hayes, Assistant Finance Manager
Date: January 3, 2023
Subject: Sole Source Justification – Ronald Chatters, III Consultant
_________________________________________________________
INTERNAL MEMO
_________________________________________________________
As part of the City’s objective, Ronald Chatters, III, Consultant, upon Council approval, will continue to advise the City on the creation of policies and procedures for the Administrative Citation program pursuant to a contract awarded in August 2022 for the duration of six (6) months.
Ronald Chatters, III, Consultant has already established a working relationship with the City for the past eleven (11) months creating essential resources and insight for both the Public Safety Department and now the City Clerk’s department regarding the Administrative Citation program.
Ronald Chatters is the only consultant with previous experience with specific City of Lancaster administrative citation development. Ronald has been developing and researching effective ways to enhance the Administrative Citation program so that it is effective and compliant with current City and State laws. With Ronald Chatters’ extensive knowledge of current procedures and processes for the Administrative Citation program, bringing on another consultant would contradict any cost savings. Therefore, the City has no cost benefit to obtaining additional quotes from other consultants for this project.
STAFF REPORT
City of Lancaster
CC 8
1/10/2023
JC
Date: January 10, 2023
To: Mayor Parris and City Council Members
From: Andrea Alexander, City Clerk
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:
1. Adopt 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.
2. Find that the City has complied with the California Environmental Quality. 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. The Notice of Determination was filed on November 1, 2022.
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 55th 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.
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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 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.
At the Lancaster City Council meeting held on December 13, 2022, the City Council approved the introduction of 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, by the following vote 5-0-0-0; Ayes: Dorris, Malhi, Mann, Vice Mayor Crist, Mayor Parris; Noes: None; Abstain: None; Absent: None.
Attachment:
Ordinance 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
Mit. /
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
Mit. /
Cond.
No.
Mitigation Measure/
Conditions of Approval
Monitoring Milestone
(Frequency)
Method of
Verification
Party Responsible
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
Mit. /
Cond.
No.
Mitigation Measure/
Conditions of Approval
Monitoring Milestone
(Frequency)
Method of
Verification
Party Responsible
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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No.
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Conditions of Approval
Monitoring Milestone
(Frequency)
Method of
Verification
Party Responsible
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
Mit. /
Cond.
No.
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Conditions of Approval
Monitoring Milestone
(Frequency)
Method of
Verification
Party Responsible
for Monitoring
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
Mit. /
Cond.
No.
Mitigation Measure/
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
Mit. /
Cond.
No.
Mitigation Measure/
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
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lffiATftE IRltClUPNO 5190
TENTATIVE TRACT MAP NO. 61920
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Page2l
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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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
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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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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
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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.
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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
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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
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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
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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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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.
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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
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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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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
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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
CC 9
1/10/2023
JC
Date: January 10, 2023
To: Mayor Parris and City Council Members
From: Andrea Alexander, City Clerk
Subject: Ordinance Pertaining to Lancaster Municipal Code Provisions regarding Administrative Citations
Recommendation:
1. Adopt 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.
2. Find that the California Environmental Quality Act does not apply to this item.
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.
At the Lancaster City Council meeting held on December 13, 2022, the City Council approved the introduction of Ordinance No. 1097, amending Titles 1, 5, 8, 9, and 12 of the Lancaster 1 1
4 9
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, by the following vote 5-0-0-0; Ayes: Dorris, Malhi, Mann, Vice Mayor Crist, Mayor Parris; Noes:
None; Abstain: None; Absent: None.
Attachment:
Ordinance No. 1097
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
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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.
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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
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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
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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.
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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;
4877-6242-9763v1/022283-0548
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.
4877-6242-9763v1/022283-0548
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.
4877-6242-9763v1/022283-0548
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.
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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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STAFF REPORT
City of Lancaster
PH 1
1/10/2023
JC
Date: January 10, 2023
To: Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director - Development Services Chenin Dow, Assistant Director - Real Estate & Economic Development Christopher Aune, Housing Manager – Real Estate & Economic Development Subject: Middle Income Housing Program
Recommendations:
1. Adopt Resolution No. , approving, authorizing, and directing execution of a joint exercise of powers agreement relating to the CMFA Special Finance Agency (the “Agency”) supporting the Agency’s issuance of bonds for the production, preservation, and protection of essential middle-income rental housing (“Middle-Income Housing Program”).
2. Authorize the City Manager, or his designee, to enter into a Public Benefit Agreement, substantially in the form attached, with the Agency, which may result in the City receiving surplus revenue from the future sale of the Project;
3. Authorize the City Manager, or his designee to execute related documents and take any additional actions that may be required to implement the Middle-Income Housing Program.
4. Find that the California Environmental Quality Act does not apply to this item.
Fiscal Impact:
If a property is purchased by the Agency, the property may be exempt from paying property taxes, resulting in an initial loss of revenue to the City. The property tax loss would be a relatively insignificant reduction in revenue to the City, and enables the financial feasibility of acquiring properties to create housing opportunities for middle-income residents that might not otherwise exist. Under the terms of the Public Benefit Agreement, if a property generates surplus cash flow through the proceeds of the sale of a property, the City will receive a portion of the surplus revenue, which could well exceed any temporary loss of property tax revenue. Through its conduit issuance activities, the California Municipal Finance Authority (“CMFA”) shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City, it is expected that a portion 1 1
3 4
of the issuance fee will be granted by the Agency to the general fund of the City. Such grant may be used for any lawful purpose of the City.
Background:
The City encourages and supports a full range of housing options affordable to different income levels. With rapidly increasing housing costs in the State , many California communities have market-rate rental housing for higher-income residents and subsidized rental housing for lower- income residents, but exclude middle-income households who cannot afford the former and do not qualify for the latter. Those households are often referred to as the “missing middle.” The Agency is an affiliate joint powers authority of the CMFA, created to enable the CMFA to help alleviate California’s housing crisis. Through the Middle-Income Housing Program, the Agency issues government bonds to acquire market-rate housing. These properties are then converted to income and rent-restricted units for middle-income households, which are generally households earning 61% to 120% of AMI. Additionally, annual rent increases would be capped at no more than 4%, which is less than the rent limits under AB1482, the recently adopted State tenant protection legislation. No existing tenants would be displaced in connection with the acquisition of these properties.
When a property is acquired by the Agency, the City would execute a Public Benefit Agreement. Under the Public Benefit Agreement, the City, at its sole discretion, may force a sale of the property between Year 15 and until no bonds are outstanding, and the City, along with certain other taxing agencies (including the County and School District), would receive a portion of the net sale proceeds.
The Agency is working with Ascenda Capital to acquire the Vello Valley project, and convert the property into middle-income housing. Vello Valley is located at 43808 Vintage Street in the City of Lancaster, and is comprised of 172 units. These units will be available to all income-qualified individuals and families. Marketing of vacant units will focus on law enforcement officers, fire fighters, health care workers, teachers, aerospace employees, and Union workers in an effort to satisfy the housing needs of these vital local industries.
California Municipal Finance Authority:
The CMFA was created on January 1, 2004, pursuant to a joint exercise of powers agreement to promote economic, cultural, and community development, through the financing of economic development and charitable activities throughout California. To date, over 300 municipalities, including the City of Lancaster, have become members of CMFA. The CMFA is the only financing authority that has granted over $25M dollars directly to local governments and 501c3 nonprofit organizations during the past sixteen years.
Execution of the Joint Exercise of Powers Agreement:
In order for the Agency to have the authority to serve as the issuer of the bonds for the project, it is necessary for the City of Lancaster to become a member of the CMFA Special Finance Agency.
The Joint Exercise of Powers Agreement provides that the Agency is a public entity, separate and apart from each member executing such agreement. The debts, liabilities, and obligations of the Agency do not constitute debts, liabilities, or obligations of the members executing such agreement.
The bonds to be issued by the Agency for the project will be the sole responsibility of the borrower, 1 1
3 4
and the City will have no financial, legal, or moral obligation, liability, or responsibility for a project, or the repayment of the bonds for the financing of the project. All financing documents with respect to the issuance of bonds will contain clear disclaimers that the bonds are not obligations of the City or the State of California, but are to be paid for solely from funds provided by the borrower.
There are no costs associated with membership in the Agency, and the City will in no way become exposed to any financial liability by reason of its membership in the Agencies. In addition, participation by the City in the Agencies will not impact the City’s appropriations limits, and will not constitute any type of indebtedness by the City.
CA/sm
Attachments:
Resolution No.
Exhibit A: Public Benefit Agreement
Exhibit B: Regulatory Agreement
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LANCASTER, CALIFORNIA, APPROVING, AUTHORIZING,
AND DIRECTING EXECUTION OF A JOINT EXERCISE OF
POWERS AGREEMENT RELATING TO THE CMFA SPECIAL
FINANCE AGENCY, SUPPORTING THE AGENCY’S
ISSUANCE OF BONDS FOR THE PRODUCATION,
PRESERVATION, AND PROTECTION OF ESSENTIAL
MIDDLE-INCOME RENTAL HOUSING
WHEREAS, pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the “Act”), certain public agencies including the California Municipal Finance Authority (collectively, the “Members”) have entered into a Joint Exercise of Powers Agreement Relating to the CMFA Special Finance Agency, dated as of October 1, 2021 (the “Agreement”), in order to form the CMFA Special Finance Agency (the “Agency”) for the purpose of promoting economic, cultural and community development, and in order to exercise any powers common to the Members or granted by the Act, including by the issuance of bonds, notes or other evidences of indebtedness; and
WHEREAS, the City of Lancaster (the “City”) has determined that it is in the public interest and for the public benefit that the City become an Additional Member of the Agency pursuant to Section 12 of the Agreement in order to facilitate the promotion of economic, cultural and community development activities in the City, including the financing of projects therefor by the Agency; and
WHEREAS, the Agreement has been filed with the City, and the members of the City Council of the City (the “City Council”), with the assistance of its staff, have reviewed said document; and
WHEREAS, the Agency is authorized to issue and sell revenue bonds for the purpose, among others, of financing or refinancing the construction, acquisition and rehabilitation of capital projects; and
WHEREAS, among projects that may be financed by the Agency, the Agency proposes to issue from time to time its governmental purpose revenue bonds (the “Bonds”) to finance the acquisition, construction, development and certain related costs of a middle-income multifamily rental housing development within the City located at 43808 Vintage Street, known as “Vello Valley” (the “Project”); and
WHEREAS, the Agency proposes to grant to the City in connection with the financing of the Project the right to cause the Agency to sell the Project to the City or its designee, starting upon the date fifteen (15) years from the issuance of the Bonds pursuant to a Public Benefit Agreement (the “Public Benefit Agreement”), by and between the Agency and the City, substantially in the form that has been filed with the City Council, subject to such immaterial modifications as have been approved by the Mayor, the City Manager or the respective designee thereof and approved Resolution No.