July 23, 2015
Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment
INSTRUCTIONS – CONSULTANT CONTRACT DBE COMMITMENT
CONSULTANT SECTION
1. Local Agency - Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc).
4. Project Location - Enter the project location as it appears on the project advertisement.
5. Consultant’s Name - Enter the consultant’s firm name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant.
8. Total Dollar Amount for ALL Subconsultants – Enter the total dollar amount for all subcontracted consultants.
SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.
9. Total number of ALL subconsultants – Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.
10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.
11. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.
12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.
Also, enter the prime consultant’s name and phone number, if the prime is a DBE.
13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.
14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column. %: Enter the total DBE participation claimed (“Total Participation Dollars Claimed” divided by item “Total Contract Award Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).
15. Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm must sign their name.
16. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.
17. Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment form.
18. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
19. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form.
LOCAL AGENCY SECTION
20. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
21. Federal-Aid Project Number - Enter the Federal-Aid Project Number.
22. Contract Execution Date - Enter the date the contract was executed.
23. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate.
24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
25. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the consultant’s DBE commitment form.
26. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant’s DBE commitment form.
July 23, 2015
Fiscal Year 2022/2023 California Department of Transportation Debarment and Suspension Certification
As required by U.S. DOT regulations on governmentwide Debarment and Suspension (Nonprocurement), 49 CFR 29.100:
1) The Applicant certifies, to the best of its knowledge and belief, that it and its contractors, subcontractors and subrecipients:
a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;
b) Have not, within the three (3) year period preceding this certification, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) transaction or contract under a public transaction, violation of Federal or state antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, state, or local) with commission of any of the offenses listed in subparagraph (1)(b) of this certification; and d) Have not, within the three (3) year period preceding this certification, had one or more public transactions (Federal, state, and local) terminated for cause or default. 2) The Applicant also certifies that, if Applicant later becomes aware of any information contradicting the statements of paragraph (1) above, it will promptly provide that information to the State.
3) If the Applicant is unable to certify to all statements in paragraphs (1) and (2) of this certification, through those means available to Applicant, including the General Services Administration’s Excluded Parties List System (EPLS), Applicant shall indicate so in its applications, or in the transmittal letter or message accompanying its annual certifications and assurances, and will provide a written explanation to the State.
January 2022
CALIFORNIA DEPARTMENT OF TRANSPORTATION
DEBARMENT AND SUSPENSION CERTIFICATION
FISCAL YEAR 2022/2023
SIGNATURE PAGE
In signing this document, I declare under penalties of perjury that the foregoing certifications and assurances, and any other statements made by me on behalf of the Applicant are true and correct.
Signature Date
Printed Name
As the undersigned Attorney for the above named Applicant, I hereby affirm to the Applicant that it has the authority under state and local law to make and comply with the certifications and assurances as indicated on the foregoing pages. I further affirm that, in my opinion, these certifications and assurances have been legally made and constitute legal and binding obligations of the Applicant.
I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these certifications and assurances or of the performance of the described project.
AFFIRMATION OF APPLICANT’S ATTORNEY
For (Name of Applicant)
DateSignature
Printed Name of Applicant’s Attorney
January 2022
INDIVIDUAL A&E TASK ORDER DBE TRACKING SHEET Exhibit 10-GPlease fill out form in order
CONSULTANT NAME CONTRACT NUMBER FEDERAL PROJECT NUMBER TASK ORDER NUMBER
ADDRESS
CONSULTANT CONTRACT ADMINISTRATOR NAME
PROJECT TITLE:
PHONE NUMBER E-MAIL
PROJECT LOCATION:
SCOPE OF WORK
TOTAL MASTER CONTRACT AMOUNT: ______________ END OF CONTRACT DATE: ______________ TASK ORDER AMOUNT: ______________ TASK ORDER BEGIN DATE: ___________ TASK ORDER END DATE: ____________
TOTAL DBE CONTRACT ESTIMATE OF THIS TASK ORDER
AMOUNT
(NON-DBE)
AMOUNT
(DBE)CONSULTANT\SUBCONSULTANT DESCRIPTION OF WORK % OF DBE
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
$ 0.00 $ 0.00 0.00%SUBTOTAL
TOTAL TASK ORDER AMOUNT
COMMENTS ON DBE UTILIZATION DEFICIENCIES (COMMITTED VERSUS MET) AND PLANS TO MEET COMMITTED PERCENTAGES:
(Ifpercent lessthanmastercontractgoal,briefly statewhyin 1-2sentences).
The consultant acknowledges the DBE listed in the DBE Task Order Utilization section above must be used, unless authorized by DLAE.
Approved By:
CONSULTANTCONTRACTMANAGERSSIGNATURE DATE LOCAL AGENCYADMINSIGNATURE DATE ADA NOTICE: For individuals with sensory disabilities, this document is available in alternate formats. For information, call (916) 445-1233, Local Assistance Procedures Manual TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
LPP 18-01 Page 1 of 1
January 2019
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
NOTICE TO OWNER - LOCAL ASSISTANCE
LAPM 14-D (NEW 05/2019)
Local Assistance Procedures Manual
(To fill out a Revised Notice to Owner,
click on the following button)
LAPM 14-D-REV Revised Notice to Owner - Local Assistance Number:
(Name of LOCAL AGENCY)
COUNTY ROUTE/STREET POST MILE PROJECT NUMBER
Federal Aid Number:
Owner's Plan Number:
Date: "On-System": YES NO
To: (Name of the Owner)
(Owner Address)
Because of the City of Lancaster transportation project to (project description)
in
(Name of the City and County) , which affects your facilities: (impacted facility) as shown on Map (Number) .
You are hereby ordered to: .
Your work schedule shall be from (beginning date) to (end date) Notify (Name of Project Engineer) at (telephone number) hours prior to initial start of work, and an additional hours notification for subsequent starts when the work schedule is interrupted.
Liability is % Owner (or Agency) pursuant to
Owner Rep:
Public Works Coordinator
(Rep's address if differ from the above)
cc: Resident Engineer
Permits
By
Local Agency Director
THIS NOTICE DOES NOT CONSTITUTE A PERMIT. OBTAIN AN ENCROACHMENT PERMIT BEFORE STARTING WORK.
Distribution: 1) Owner,
4) DLAE - File,
2) Utility Coordinator - File,
5) District Utility Coordinator - File
3) RE - File
For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.ADA Notice
Local Assistance Procedures Manual Exhibit 17-O
Disadvantaged Business Enterprises (DBE) Certification Status Change EXHIBIT 17-O DISADVANTAGED BUSINESS ENTERPRISES (DBE) CERTIFICATION STATUS CHANGE
1. Local Agency Contract Number
5. Contractor/Consultant
2. Federal-Aid Project Number
6. Business Address
3. Local Agency 4. Contract Completion Date
7. Final Contract Amount
12. Certification/
Decertification
Date
8. Contract
Item
Number
10. DBE
Certification
Number
11. Amount Paid
While Certified9. DBE Contact Information 13. Comments
(Letter Attached)
If there were no changes in the DBE certification of subcontractors/subconsultants, indicate on the form.
I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT
14. Contractor/Consultant Representative’s Signature 15. Contractor/Consultant Representative’s Name 16. Phone 17. Date
21. Date
I CERTIFY THAT THE CONTRACTING RECORDS AND ON-SITE PERFORMANCE OF THE DBE(S) HAS BEEN MONITORED
18. Local Agency Representative’s Signature 19. Local Agency Representative’s Name 20. Phone DISTRIBUTION: Original – Local Agency, Copy – Caltrans District Local Assistance Engineer. Include with Final Report of Expenditures ADA NOTICE: For individuals with sensory disabilities, this document is available in alternate formats. For information, call (916) 445-1233, Local Assistance Procedures Manual TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
July 23, 2015
Local Assistance Procedures Manual Exhibit 17-O
Disadvantaged Business Enterprises (DBE) Certification Status Change INSTRUCTIONS –DISADVANTAGED BUSINESS ENTERPRISES (DBE)
CERTIFICATION STATUS CHANGE
1. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
2. Federal-Aid Project Number - Enter the Federal-Aid Project Number.
3. Local Agency - Enter the name of the local or regional agency that is funding the contract.
4. Contract Completion Date - Enter the date the contract was completed.
5. Contractor/Consultant - Enter the contractor/consultant’s firm name.
6. Business Address - Enter the contractor/consultant’s business address.
7. Final Contract Amount - Enter the total final amount for the contract.
8. Contract Item Number - Enter contract item for work, services, or materials supplied provided. Not applicable for consultant contracts.
9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted contractors/consultants.
10. DBE Certification Number - Enter the DBE’s Certification Identification Number.
11. Amount Paid While Certified - Enter the actual dollar value of the work performed by those subcontractors/subconsultants during the time period they are certified as a DBE.
12. Certification/Decertification Date (Letter Attached) - Enter either the date of the Decertification Letter sent out by the Office of Business and Economic Opportunity (OBEO) or the date of the Certification Certificate mailed out by OBEO.
13. Comments - If needed, provide any additional information in this section regarding any of the above certification status changes.
14. Contractor/Consultant Representative’s Signature - The person completing the form on behalf of the contractor/consultant’s firm must sign their name.
15. Contractor/Consultant Representative’s Name - Enter the name of the person preparing and signing the form.
16. Phone - Enter the area code and telephone number of the person signing the form.
17. Date - Enter the date the form is signed by the contractor’s preparer.
18. Local Agency Representative’s Signature - A Local Agency Representative must sign their name to certify
that the contracting records and on-site performance of the DBE(s) has been monitored.
19. Local Agency Representative’s Name - Enter the name of the Local Agency Representative signing the form.
20. Phone - Enter the area code and telephone number of the person signing the form.
21. Date - Enter the date the form is signed by the Local Agency Representative.
July 23, 2015
Local Assistance Procedures Manual Exhibit 17-F
Final Report-Utilization of Disadvantaged Business Enterprises (DBE) and First-Tier Subcontractors EXHIBIT 17-F FINAL REPORT-UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE) AND FIRST-TIER SUBCONTRACTORS
1. Local Agency Contract Number
5. Contractor/Consultant
2. Federal-Aid Project Number
6. Business Address
3. Local Agency 4. Contract Completion Date
7. Final Contract Amount
8. Contract
Item
Number
11. DBE
Certification
Number
12. Contract Payments
Non-DBE DBE
13. Date
Work
Completed
14. Date of
Final
Payment
9. Description of Work, Service, or
Materials Supplied
10. Company Name and
Business Address
15. ORIGINAL DBE COMMITMENT AMOUNT $ 16. TOTAL
List all first-tier subcontractors/subconsultants and DBEs regardless of tier whether or not the firms were originally listed for goal credit. If actual DBE utilization (or item of work) was different than that approved at the time of award, provide comments on an additional page. List actual amount paid to each entity. If no subcontractors/subconsultants were used on the contract, indicate on the form.
I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT
17. Contractor/Consultant Representative’s Signature 18. Contractor/Consultant Representative’s Name 19. Phone 20. Date
24. Date
I CERTIFY THAT THE CONTRACTING RECORDS AND ON-SITE PERFORMANCE OF THE DBE(S) HAS BEEN MONITORED
21. Local Agency Representative’s Signature 22. Local Agency Representative’s Name 23. Phone DISTRIBUTION: Original – Local Agency, Copy – Caltrans District Local Assistance Engineer. Include with Final Report of Expenditures ADA NOTICE: For individuals with sensory disabilities, this document is available in alternate formats. For information, call (916) 445-1233, Local Assistance Procedures Manual TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
July 23, 2015
Local Assistance Procedures Manual Exhibit 17-F
Final Report-Utilization of Disadvantaged Business Enterprises (DBE) and First-Tier Subcontractors
INSTRUCTIONS – FINAL REPORT-UTILIZATION OF DISADVANTAGED BUSINESS
ENTERPRISES (DBE) AND FIRST-TIER SUBCONTRACTORS
1. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
2. Federal-Aid Project Number - Enter the Federal-Aid Project Number.
3. Local Agency - Enter the name of the local or regional agency that is funding the contract.
4. Contract Completion Date - Enter the date the contract was completed.
5. Contractor/Consultant - Enter the contractor/consultant’s firm name.
6. Business Address - Enter the contractor/consultant’s business address.
7. Final Contract Amount - Enter the total final amount for the contract.
8. Contract Item Number - Enter contract item for work, services, or materials supplied provided. Not applicable for consultant contracts.
9. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials provided. Indicate all work to be performed by DBEs including work performed by the prime contractor/consultant’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.
10. Company Name and Business Address - Enter the name, address, and phone number of all subcontracted contractors/consultants. Also, enter the prime contractor/consultant’s name and phone number, if the prime is a DBE.
11. DBE Certification Number - Enter the DBE’s Certification Identification Number. Leave blank if subcontractor is not a DBE.
12. Contract Payments - Enter the subcontracted dollar amount of the work performed or service provided.
Include the prime contractor/consultant if the prime is a DBE. The Non-DBE column is used to enter the dollar value of work performed by firms that are not certified DBE or for work after a DBE becomes decertified.
13. Date Work Completed - Enter the date the subcontractor/subconsultant’s item work was completed.
14. Date of Final Payment - Enter the date when the prime contractor/consultant made the final payment to the subcontractor/subconsultant for the portion of work listed as being completed.
15. Original DBE Commitment Amount - Enter the “Total Claimed DBE Participation Dollars” from Exhibits 15-G or 10-O2 for the contract.
16. Total - Enter the sum of the “Contract Payments” Non-DBE and DBE columns.
17. Contractor/Consultant Representative’s Signature - The person completing the form on behalf of the contractor/consultant’s firm must sign their name.
18. Contractor/Consultant Representative’s Name - Enter the name of the person preparing and signing the form.
19. Phone - Enter the area code and telephone number of the person signing the form.
20. Date - Enter the date the form is signed by the contractor’s preparer.
21. Local Agency Representative’s Signature - A Local Agency Representative must sign their name to certify that the contracting records and on-site performance of the DBE(s) has been monitored.
22. Local Agency Representative’s Name - Enter the name of the Local Agency Representative signing the form.
23. Phone - Enter the area code and telephone number of the person signing the form.
24. Date - Enter the date the form is signed by the Local Agency Representative.
July 23, 2015
PWCP 24‐001 – AVENUE J AT GRADE CROSSING
STAFF REPORT
City of Lancaster
CC 8
5/23/2023
JC
Date:May 23, 2023
To: Mayor Parris and City Council Members
From:George Harris, Director of Finance
Subject:Approval of the purchase of Audio, Visual and Digital Signage systems for Phase 3 of the City Hall Remodel
Recommendation:
Approve the purchase of Audio, Visual and Digital Signage systems for Phase 3 of the City Hall Remodel
Fiscal Impact:
$403,807.39 as per the attached COA Associates quotation #4949 to be paid from account 701- 11BS019924.
Background:
The City of Lancaster undertook the remodeling of City Hall in 2019. As a part of that effort, Information Technology has been tasked with modernizing the conference rooms, huddle rooms, break rooms and common spaces with the latest audio, visual and digital signage solutions. The goal is for the remodeled facility to have the best displays, sounds systems and software for highly effective collaboration both in person and virtually. Additionally, the new systems will enhance the ambiance and allow for effective communication of city marketing and messaging.
Following a bidding process conducted in 2019, COA Associates / Streamline Audio Visual was selected as the vendor to modernize the Council Chambers audio and visual systems at the December 10, 2019, City Council Meeting as the most responsive with the lowest quote for equipment purchase and install. Information Technology staff has opted to continue working with COA Associates, formerly Streamline Audio Visual, Inc., as the City’s audio and visual vendor. Continuing to work with this vendor allows for commonality in the City’s audio and visual systems including programing and software functionality as well as interoperability with existing audio, visual and digital signage solutions.
GH:JH
1 2
7 8
Attachment:
COA Associates quote #4949
Prepared By:
Brian Armstrong
(307) 381-1415
Item Qty Unit 8 ea
8 ea
8 ea
2 ea
2 ea
2 ea
2 ea
2 ea
2 ea
2 ea
2 ea
2 ea
2 ea
2 ea
2 ea
2 ea
65 Inch TV
Quote: 4949 / Date: 3/27/2023
COA Associates LLC
1450 2nd Street #120
Santa Monica, CA 90401
US
City of Lancaster
44933 Fern Ave
Lancaster, CA 93534
US
Project: Lancaster City Hall Phase 3
Scope of Work
Installation of Conference Room Systems and Digital Signage System.
Quote includes Prevailing wage & Union Labor.
Taxes & Tarriffs are included.
Offices
Scheduler
QSYS Touchpanel
Fiber HDMI
Wall Plate
Small Conference Room
Soundbar
75 Inch TV
Barco Clickshare CX50
Scheduler
Large Conference Rooms
Crestron Camera
Qsys Core Nano
QSYS UCI License
QSYS Add on License
Shure MX Microphone
Barco Clickshare CX50
85 Inch TV
Quote: 4949 / Date: 3/27/2023
Item Qty Unit 2 ea
1 ea
1 ea
1 ea
1 ea
1 ea
1 ea
1 ea
1 ea
1 ea
3 ea
4 ea
Summary
Subtotal $ 392,168.64
Shipping $ 9,172.78
Misc Materials $ 2,465.97
Fiber HDMI
55" TV
Brightsign Player
Special Office
75 Inch TV
Breakroom
Scheduler
Wall Plate
Council Conference Room
1.5mm 5.3'H x 9.45' W LED Wall
Foyer
2.5mm 5.3'H x 21.26' W LED Wall
2.5mm 5.3'H x 6.3' W LED Wall
2.5mm 5.3'H x 31.5' W LED Wall
4 Output Media Player
Additional Dongles
Exclusions
All Electrical and Pathways are Excluded.
All Patching and Painting is Excluded
Any engineering and/or structural additions for LED walls are Excluded $ 403,807.39
Accepted By Date
STAFF REPORT
City of Lancaster
CC 9
5/23/2023
JC
Date:May 23, 2023
To: Mayor Parris and City Council Members
From: Larissa De La Cruz, Director- Community Development Cynthia Campaña, Senior Planner - Community Development Subject:Zone Change No. 21-03
Recommendation:
Adopt Ordinance No. 1103 , amending the City Zoning Plan for approximately ten gross acres of land located at the northwest corner of 52nd Street West and Avenue L (APNs: 3204-006-036 and 3204-006-037 ) from Single-Family Residential, minimum lot size 15,000 square feet (R- 15,000) to Single-Family Residential, minimum lot size 10,000 square feet (R-10,000), known as Zone Change No. 21-03.
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 northwest corner of 52nd Street West and Avenue L. 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 March 20, 2023, and voted (by a 5-0-0-0-2 vote) to recommend approval to the City Council for ZC No. 21-03, and the approval of TTM No. 83553 for 28 single-family lots.
Staff reviewed the land use designations and zones, and determined that the proposed R-10,000 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 1 2
8 0
to provide for single-family dwellings in an urban environment with full urban services.
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 March 20, 2023.
The proposed project would bring new single-family housing to an undeveloped area. The development would be governed by a homeowners’ association (HOA) which will 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-15,000 to R-10,000.
At the Lancaster City Council meeting held on May 09, 2023, City Council approved the introduction of Ordinance No. 1103, amending the City Zoning Plan for approximately ten gross acres of land located at the northwest corner of 52nd Street West and Avenue L (APNs: 3204- 006-036 and 3204-006-037 ) from Single-Family Residential, minimum lot size 15,000 square feet (R-15,000) to Single-Family Residential, minimum lot size 10,000 square feet (R-10,000), known as Zone Change No. 21-03, by the following vote: 5-0-0-0; AYES: Dorris, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT: None.
Attachment:
Ordinance No. 1103
Attachment A - PC Staff Report dated March 20, 2023
Attachment B-Site Plan
ORDINANCE NO. 1103
AN ORDINANCE OF THE CITY OF LANCASTER,
CALIFORNIA, AMENDING THE CITY ZONING PLAN FOR 10
GROSS ACRES OF LAND LOCATED AT THE NORTHWEST
CORNER OF 52ND STREET WEST AND AVENUE L
(ASSESSOR’S PARCEL NUMBERS: 3204-006-036 AND 3204-
006-037) KNOWN AS ZONE CHANGE NO. 21-03.
WHEREAS, pursuant to Section 17.24.060 of the Lancaster Municipal Code, an application has been filed by Civil Design and Drafting, Inc. (“Applicant”) to change the zoning designation on 10 acres of land that is located at the northwest corner of 52nd Street West and Avenue L from R-15,000 to R-10,000; 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 March 20, 2023, the City’s Planning Commission held a public hearing on Zone Change No. 21-03, notice of which was published and provided as required by law, and adopted Resolution No. 23-07 (the “Planning Commission Recommendation”) recommending the City Council Zone Change No. 21-03; 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
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
Ordinance No. 1103
Section 3. The subject properties are reclassified R-15,000 to R-10,000.
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. 1103
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 9 th day of May, 2023, and placed upon its second reading and adoption at a regular meeting of the City Council on the 23rd day of May, 2023, by the following vote:
AYES: Council Members: Dorris, Malhi, Mann, Vice Mayor Crist, Mayor Parris NOES: None
ABSTAIN: N
ABSENT:
ATTEST: APPROVED:
ANDREA ALEXANDER
City Clerk
City of Lancaster
R. REX PARRIS
Mayor
City of Lancaster
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF LANCASTER
}
}ss
}
CERTIFICATION OF ORDINANCE
CITY COUNCIL
I, , City of
Lancaster, California, do hereby certify that this is a true and correct copy of the original Ordinance No. 1103, 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)
WEST AVENUE K-14
16 5 4 3 27 11176 SFPAD:2432.9
11176 SF
12748 SFPAD:2431.9 PAD: 2431.6
11176 SFPAD:2433.5 PAD:2433.2
11176 SFPAD: 2432.6
11176 SF
11076 SF PAD: 2432.3 PROJECTSITEVICINITY MAP1412043 SFPAD:2431.9 PAD: 2431.6 1110560 SF
1298 1310560 SF
1010560 SFPAD:2432.9
10560 SFPAD:2433.5 PAD:2433.2
10560 SFPAD: 2432.3
10467 SF PAD: 2432.6
19 161710560 SFPAD: 2435.4 PAD: 2435.0
20 18 1521 10560 SFPAD:2434.7
10560 SFPAD:2435.8
10560 SF
12043 SFPAD: 2434.3
10560 SFPAD:2436.2
10467 SFPAD:2436.5UTILITY PURVEYORS/PUBLIC SERVICESELECTRICITY:
WATER:
SOUTHERN CALIFORNIA EDISON COMPANIESLOS ANGELES COUNTY WATER WORKS DISTRICT # 40WASTE WATER: LOS ANGELES COUNTY SANITATION DISTRICT NO. 14 GAS:
LAND USE DATA2810750 SF
SOUTHERN CALIFORNIA GAS COMPANY 2610413 SF
272423 25
JURISDICTION: CITY OF LANCASTER, LOS ANGELES COUNTY22 10413 SFPAD:2436.2 10413 SF
10413 SF
10413 SF
10732 SFPAD:2436.5
EXISTING ZONING: R-15,000 (MIN. LOT SIZE 15,000 SQ. FT.) R-10,000 (MIN. LOT SIZE 10,000 SQ. FT.)
PAD:2435.8
PAD: 2435.4 PAD: 2435.0 PAD:2434.7
PAD: 2434.3
PROPOSED ZONING:EXISTING USE:
VACANTPROPOSED USE:
28 SINGLE-FAMILY RESIDENTIALDWELLING UNITS
PROPOSED DENSITY:
2.79 DU/AC (GROSS)
CITY OF LANCASTERSTREET "A" & "B" COUNTY OF LOS ANGELESTYPICAL SECTION - 60' RIGHT-OF-WAY 52ND STREET WEST
52ND STREET WESTTYPICAL SECTION - 60' RIGHT-OF-WAY
EXISTING STREET SECTION TYP. SECTION - NORTHERLY BOUNDARY
TYPICAL LMD SECTION - WEST AVENUE LAVENUE L
AVENUE LTYPICAL SECTION - 120' RIGHT-OF-WAY
EXISTING STREET SECTION Preliminary Earthworks Gross VolumesCut = 7,000 c.y. Fill = 30,000 c.y.Net = 23,000 c.y. (Import) APPROVED BY: 885 PATRIOT DRIVE, Unit CMOORPARK, CA 93021Phone 805-522-2622
CITY OF LANCASTER
THIS MAP WAS PREPARED BY ME OR UNDER MYDIRECTION AND IS TRUE AND CORRECT TO THEBEST OF MY KNOWLEDGE DRAWING SCALE:
1"=40' TENTATIVE TRACT NO. 83553
DRAWN: ISA
DESIGNED: ISA DATE ISSUED:
1 1OF SHEETS
JOB NUMBER:
CDD JOB No. __________ 09-30-2022
SHEET
IMAD ABOUJAWDAH
P.E. C51299
DATE email: [email protected]
PC Staff Report
Tentative Tract Map No. 83553
Zone Change 21-03
March 20, 2023
GENERAL INFORMATION
Table 1 summarizes the general information concerning this project.
Table 1: General Information
ITEM DESCRIPTION
APNS 3204-006-036 and 3204-006-037
±10 acres at the northwest corner of 52nd Street West and Avenue
LLOCATION
ZONING AND LAND
USE
R-15,000 (single-family residential, minimum lot size 15,000 square feet)
North
East
R-15,000
LA Unincorporated, A-
1-1: (Light Agriculture)
LA Unincorporated, R-
1: (Single Family
Residence)
Vacant Land
Single-family residences
SURROUNDING LAND
USES AND ZONING
South
West
Single-family residences
Vacant landR-10,000
CURRENT
DEVELOPMENT Vacant Land
An initial study (SCH # 2023020219) 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 February 9, 2023 and ended on March 13, 2023.
ENVIRONMENTAL
REVIEW 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.
PC Staff Report
Tentative Tract Map No. 83553
Zone Change 21-03
March 20, 2023
PROJECT DESCRIPTION:
The proposed project consists of a subdivision of approximately ten acres into 28 single-family residential lots. In addition, the project consists of a zone change from R-15,000 to R-10,000. The lots range from 10,413 square feet to 12,748 square feet. Streets within the subdivision would be public. Access to the subdivision would be provided from 52nd Street West.
ANALYSIS:
General Plan Consistency
The proposed project would be consistent with the following goals, objectives, policies, and specific actions:
Policy 17.1.2: Provide sufficient land to accommodate a variety of housing types meeting the economic, lifestyle, and social needs to current and future residents.
Policy 18.1.4:
Policy 18.2.2:
Objective 19.2:
Encourage the long-term maintenance of new residential
development.
Encourage appropriate development to locate so that municipal services can be efficiently provided.
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 subdivision would be for single-family residential lots with a variety of lot sizes accommodating different housing types. Development of the project would be consistent with the surrounding neighborhoods which is primarily vacant land and single- family residences.
Housing Element Consistency
Goal H-1: To promote a variety of housing types to meet the existing and future needs of Lancaster residents
Policy H-1.1 Provide for adequate sites that will enable the production of 9,023 housing units through October 2029 to meet the demands of present and future residents, including an adequate number and range of new dwelling types affordable to extremely low‐, very low‐, low‐, moderate‐, and above moderate‐ income households.
PC Staff Report
Tentative Tract Map No. 83553
Zone Change 21-03
March 20, 2023
The proposed project supports the goals and policies 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 10,413 square feet to 12,748 square feet. This provides an additional housing choice for individuals. In addition, the proposed project would help with the production of housing units to meet the 9,023-unit demand.
Compliance with the Lancaster Municipal Code
The proposed project complies with the development standards for residential uses in the R-10,000 zones 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. The elevations and floor plans for the proposed residential lots would be subject to a Director’s Review prior to issuance of construction permits for compliance with the design guidelines. This would ensure quality design with enhanced architecture which improves the community’s image and quality of life.
Zone Change
The proposed project is for the subdivision of 28 single-family residential lots in R-15,000 zones with a proposal to change to the R-10,000 zone and is subject to development regulations under LMC Section 17.08.060.B. The subject site is located adjacent to R-10,000 zone properties and would be consistent with the surrounding area. 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 TTM, Section 16.08.110 of the Lancaster Municipal Code states that the Planning Commission must make all of the following findings:
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 that is 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.
PC Staff Report
Tentative Tract Map No. 83553
Zone Change 21-03
March 20, 2023
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 with 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.
D.
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.
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.
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.
PC Staff Report
Tentative Tract Map No. 83553
Zone Change 21-03
March 20, 2023
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.
The proposed subdivision would have a beneficial effect on the housing needs of the region because an additional 28 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 alreadyoccurring.
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. West of the proposed subject site are properties that are zoned R-10,000. In addition, there are single- family homes in the surrounding area which would be consistent with the proposed zone change.
B. That a need for the proposed zone classification exists within such area or district; and
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-10,000 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
PC Staff Report
Tentative Tract Map No. 83553
Zone Change 21-03
March 20, 2023
The particular properties under consideration are a proper location for the R-10,000 zoning classification because they are compatible with 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 with 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 within a 500-foot radius of the project, posted in three places, posted on the subject property, and noticed in Antelope Valley Press on March 10 2023.
RECOMMENDATION
Adopt Resolution No. 23-07 approving Tentative Tract Map (TTM) No. 83553 to allow for the subdivision of ten gross acres into 28 single-family residential lots located on the northwest corner of 52nd Street West and Avenue L (Assessor’s Parcel Numbers: 3204-006-036 and 3204-006- 037), adopting a mitigated negative declaration and recommending approval to City Council for Zone Change (ZC) No. 21-03 for a change of zone from R-15,000 to R-10,000.
Attachment:
A. Resolution No. 23-07
DocuSign Envelope ID: 0F419146-2999-4462-B655-BCCB63FD6896 RESOLUTION NO. 23-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LANCASTER, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP (TTM) NO. 83553 TO ALLOW FOR
THE SUBDIVISION OF TEN GROSS ACRES INTO 28 SINGLE-
FAMILY RESIDENTIAL LOTS LOCATED ON THE
NORTHWEST CORNER OF 52ND STREET WEST AND
AVENUE L (ASSESSOR’S PARCEL NUMBERS: 3204-006-036
AND 3204-006-037), ADOPTING A MITIGATED NEGATIVE
DECLARATION AND RECOMMENDING APPROVAL TO
CITY COUNCIL FOR ZONE CHANGE (ZC) NO. 21-03 FOR A
CHANGE OF ZONE FROM R-15,000 TO R-10,000
WHEREAS, a Tentative Tract Map has been requested by Civil Design and Drafting, Inc. (“Applicant”) to allow for the subdivision of 28 single family residential lots on ten gross acres located on the northwest corner of 52nd Street West and Avenue L (Assessor’s Parcel Numbers:
3204-006-036 and 3204-006-037) in the R-15,000 (single-family residential, minimum lot size 15,000 square feet) zone; and
WHEREAS, a Zone Change has been requested by Civil Design and Drafting, 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 March 20, 2023; and
WHEREAS, the Planning Commission, after considering all evidence presented, desires to approve Applicant’s requested Tentative Tract Map.
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: 0F419146-2999-4462-B655-BCCB63FD6896 PC Resolution No. 23-07
Tentative Tract Map No. 83553
Zone Change 21-03
March 20, 2023
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
LANCASTER, DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS:
Section 1.
Resolution.
That the foregoing Recitals are true, correct and a substantive part of this 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: 0F419146-2999-4462-B655-BCCB63FD6896 PC Resolution No. 23-07
Tentative Tract Map No. 83553
Zone Change 21-03
March 20, 2023
b.
c.
d.
That a need for the proposed zone classification exists within such area or district; and
That the particular property under consideration is a proper location for said zone classification within such area or district; and
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 Act (“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. 83553 and recommends approval to City Council for Zone Change No. 21-03, subject to the conditions attached hereto and incorporated herein.
DocuSign Envelope ID: 0F419146-2999-4462-B655-BCCB63FD6896 PC Resolution No. 23-07
Tentative Tract Map No. 83553
Zone Change 21-03
March 20, 2023
PASSED, APPROVED and ADOPTED this 20th day of March 2023, by the following vote:
AYES: Vose, Harvey, Birden, Derryberry, and Tufts
NOES:
ABSTAIN:
RECUSED:
ABSENT: Moore and Underwood
JAMES D. VOSE, Chairman
Lancaster Planning Commission
ATTEST:
Jocelyn Swain signed on behalf of Larissa De La Cruz
LARISSA DE LA CRUZ, Director – Community Development
City of Lancaster
Attachments:
A. Conditions List
B. Mitigation Monitoring and Reporting Program
C. Initial Study
ATTACHMENT TO PC RESOLUTION NO. 23-07
TENTATIVE TRACT MAP NO. 83553
CONDITIONS LIST
MARCH 20, 2023
GENERAL/ADVISORY
1. 2.
Unless otherwise indicated herein, the development and/or use of the site shall be in substantial conformance with approved site plans on file in the Community Development Division.
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. 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 plot plan.
4. 5.
Comply with all requirements of the Municipal Code and of the specific zoning of the subject property.
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: Landscape plans shall be prepared in accordance with Ordinance No. 907.
6. 7.
All necessary permits shall be obtained from the Development Services Department prior to any construction, remodeling, or replacement of buildings or other structures.
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.
8. 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.
9. 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 indicated in the notice.
10. 11.
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.
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.
12. The subdivider/applicant shall defend, indemnify, and hold harmless the City and 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 vesting tentative tract map 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.
13. 14.
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.
If the project is developed in phases, all the development requirements shall be met for each phase including parking, landscaping, drainage, etc. The developer shall provide a phasing plan and phasing condition/mitigation measure matrix to the Community Development Division for approval prior to the issuance of construction-related permits.
15. 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.
Expansion or intensification of the use beyond the approval specified herein would require subsequent review and possible application for amendment. The Community Development Manager is authorized to approve modifications to the site plan provided such modifications do not substantially change the intent of the approved use, avoid issues raised at the public meeting, or raise new issues not previously addressed.
17. 18.
Prior to occupancy of any model homes, the applicant shall provide adequate off-street parking or complete adjoining street improvements.
The first check of the final map shall be submitted at least 180 days prior to the expiration date of the tentative map.
FEES, ASSESSMENTS, AND ANNEXATIONS
19. 20.
21. Prior to recordation of final map and/or building occupancy, the project shall be annexed to City of Lancaster Community Facilities District.
Prior to recordation of the final map and/or building occupancy, the property shall be annexed into the Lancaster Lighting Maintenance District.
Prior to recordation of the final map and/or building occupancy, the property shall be annexed into the Lancaster Drainage Maintenance District.
22. 23.
Prior to recordation of the final map and/or building occupancy, the property shall be annexed into the Lancaster Landscape Maintenance District.
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 Sewer Maintenance District.
COMMUNITY DEVELOPMENT
24. 25.
Elevations and architectural details of the future buildings are subject to review and approval by the Development Services Director 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 architectural treatments for all proposed buildings.
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 requirements of the City of Lancaster as specified by the Development Services Director.
CAPTIAL ENGINEERING
GENERAL/ADVISORY
26. The applicant shall contact the Los Angeles County Fire Department to determine improvements that may be required to protect the property from the fire hazard and shall provide and install at his 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 completion and occupancy of the subject buildings.
27. 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 Works, Manual for Preparation of Geotechnical Reports.
28. 29.
30. All construction and/or installation of improvements shall be undertaken to the specification of the Lancaster Municipal Code.
An encroachment permit shall be obtained from the Development Services Department prior to doing any work within the public right-of-way.
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.
31. 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.
STREETS
32. 33.
Provide letter(s) of slope easement(s) as directed by the Development Services Director.
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.
34. 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)
35. 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 15 th 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
36. 37.
Prior 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.
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.
38. 39.
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.
Prior to first occupancy, the applicant shall construct all drainage improvements required by the City of Lancaster’s Master Plan of Drainage Facilities (MPDF) when warranted by upstream development and/or if identified as “critical” by the Master Plan of Drainage or City Engineer to the satisfaction of the Development Services Director. This may include but not be limited to a 72-inch reinforced concrete pipe(s) in 52nd Street West. The hydrology/hydraulic report prepared for the project shall provide calculations demonstrating the proposed improvements will be of sufficient size and capacity to mitigate and convey interim and ultimate watershed flow from the project site and surrounding off-site tributary areas. The hydrology/hydraulic report shall also include analyses to determine if and when the MPDF will be warranted and identify any interim MPDF and/or local improvements required with the project. The applicant is hereby advised that this project is subject to Planned Local Drainage Facilities Fees at the time of building permit issuance as part of their fair share of future cost. If ultimate MPDFs are warranted at the time of development, the applicant may enter into a reimbursement agreement with the City and be credited fees per the City’s Drainage Reimbursement Policy.
40. 41.
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.
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 (i.e. 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.
The project shall comply with the Best Management Practices (BMPs) of the National Pollutant Discharge Elimination System (NPDES) and all NPDES Permit Requirements.
42. 43.
44. Prior to building occupancy, install BMPs to treat first flush.
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/industrial projects of 5 acres and larger. In lieu of an approved plan, a letter from the AVAQMD waiving this requirement shall be submitted.
45. 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
46. 47.
48. Prior to final map approval, sewer permit issuance, and/or sewer permit issuance, the applicant shall acquire and dedicate all required easements for sewer improvements as identified in the final sewer area study report on the Tract Map or by separate instrument.
All right-of-way dedications will be to the satisfaction of the City Engineer.
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.
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.
49. 50.
Per the direction of the Development Services Director, provide a sewer area study prior to submittal of the final map.
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.
51. 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
52. 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.
53. 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.
54. 55.
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.
In order to obtain a conditional will-serve letter, the Project applicant must secure 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 purchase new State Water Project Table A or other permanent water supply through the Antelope Valley-East Kern Water Agency.
56. 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
57. Prior to landscape encroachment permit, landscape plans shall be prepared in accordance with Ordinance No. 1070 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.
58. 59.
Prior to Tract Map approval, the applicant shall dedicate landscape easements fronting the project site, as directed by the Development Services Director.
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.
60. 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
61. 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.
62. 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
63. 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 Development Services Director.
64. 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 Development Services Director.
STREET RIGHT-OF-WAY REQUIREMENTS
65. Prior to Tract Map approval, the applicant shall dedicate additional street right-of-way for a total of 56 feet from centerline on Avenue L fronting the project site, as directed by the Development Services Director.
66. 67.
68. Prior to Tract Map approval, the applicant shall dedicate street right-of-way for a total of 60 feet on Street “A”, as directed by the Development Services Director.
Prior to Tract Map approval, the applicant shall dedicate street right-of-way for a total of 60 feet on Street “B”, as directed by the Development Services Director.
Prior to Tract Map approval, the applicant shall dedicate a corner cutoff at all intersections, as defined in Municipal Code Section 2.2.10.6.2.
STREET IMPROVEMENTS
69. Prior to building occupancy, the applicant shall construct the following street improvements within/along the frontage of the project site, as directed by the Development Services Director:
a.
Curb-
Delineated
Median
Curb & Base & Street
Gutter Paving Lights
Street Sidewalk Landscaped Class II Bike
Lanes
LMD
EasementStreet Name
Avenue L
Trees (5’min) Median
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X X X
52nd Street West
Street” A” & “B”
70. 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 Development Services Director.
71. 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 Development Services Director.
72. 73.
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 connected 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.
Prior to Final Tract Map approval, the applicant shall dedicate a total of 10 along 60th Street West as a Landscape Maintenance District easement.
DRIVEWAY REQUIREMENTS
74. 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
75. 76.
Prior to building occupancy, the applicant shall provide and install street name signs, as directed by the Development Services Director.
Prior to building occupancy, the applicant shall design and construct ADA-compliant curb ramps at the following locations, to the satisfaction of the Development Services Director:
a.
b.
c.
NWC of Avenue L & 52nd Street West
NWC & SWC of Street “A” & 52nd Street West
NWC & SWC of Street “B” & 52nd Street West
FEE REQUIREMENTS
77. Prior to building permit issuance, the applicant shall pay traffic impact fees as adopted by City Council Ordinance 850 and Resolution 06-163 to be used for the improvement of off- site streets within the unincorporated areas of Los Angeles County. This fee applies to any project within the boundaries of Avenue J-8 to Avenue L-8 and 40th Street West to 100th Street West. The amount of this fee is outlined in the City’s most current Fee Schedule.
LOS ANGELES COUNTY FIRE DEPARTMENT
78. 79.
The applicant shall comply with the conditions of approval per EPIC-LA No.
FLDU2021011128 dated November 8, 2022.
ENVIRONMENTAL
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. A sign-in sheet (to include the printed employee names, signature, and date) for all employees who attended the training session.
b. Distribution of a written flier or brochure that includes educational information regarding the health effects of exposure to criteria pollutant emissions and Valley Fever.
c. Training on methods that may help prevent Valley Fever infection. d. 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.
80. 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 personnel and public exposure to potential Coccidioides spores. Measures in the Plan shall include the following:
a. 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. b. Provide communication methods, such as two-way radios, for use in enclosed cabs. c. 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.
d. 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).
e. 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.
f. Train workers to recognize the symptoms of Valley Fever, and to promptly report suspected symptoms of work-related Valley Fever to a supervisor. g. Work with a medical professional to develop a protocol to medically evaluate employees who develop symptoms of Valley Fever.
81. 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. a. When possible, position workers upwind or crosswind when digging a trench or performing other soil-disturbing tasks.
b. Prohibit smoking at the worksite outside of designated smoking areas; designated smoking areas will be equipped with handwashing facilities. c. Post warnings on-site and consider limiting access to visitors, especially those without adequate training and respiratory protection.
d. Audit and enforce compliance with relevant Cal OSHA health and safety standards on the job site.
82. The applicant shall retain a qualified biologist who shall conduct burrowing owl protocol surveys on the project site in accordance with the procedures established by the California Department of Fish and Wildlife in the Staff Report on Burrowing Owl Mitigation prior to the issuance of any construction related permits. If burrowing owls are identified during the surveys, the applicant shall contact the California Department of Fish and Wildlife (CDFW) to develop appropriate mitigation/management procedures. The applicant shall submit a final Burrowing Owl Mitigation Plan to the City prior to the City issuing construction permits. The applicant shall implement all measures identified in the Burrowing Owl Mitigation Plan. At a minimum, the following shall occur:
a. 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 burrow shall be collapsed. b. In the event that a breeding pair or female owl with offspring are present at the burrow, a buffer zone of at least 50 feet shall be established around the burrow until the offspring have fledge and left the burrow. No work shall occur within the buffer zone. The specific buffer zone shall be established in coordination with CDFW.
83. 84.
A nesting bird survey shall be conducted by a qualified biologist within 30 days prior to the start of construction/ground disturbing activities. If active bird nests are identified during the survey, the applicant shall contact the California Department of Fish and Wildlife to determine the appropriate mitigation/management requirements. Impacts to nesting birds 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.
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 be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, the Yuhaaviatam of San Manuel Nation Cultural Resources Department (YSMN) shall be contacted, as detailed within mitigation measure 10 regarding any pre-contact and/or historic-era finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment.
85. 86.
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. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly.
If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project.
87. 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 YSMN elect to place a monitor on-site.
88. 89.
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.
The project applicant shall retain a professional Native American monitor procured by the Fernandeño Tataviam Band of Mission Indians (FTBMI) to observe all testing, clearing, grubbing, and grading operations up to 5-feet below the surface of native soil, unless there is evidence to suggest cultural resources extend below the specified depth. If cultural resources are encountered, the Native American monitor will have the authority to request ground disturbing activities cease within 60-feet of discovery to assess and document potential finds in real time.
90. 91.
The Lead Agency and/or applicant shall, in good faith, consult with the FTBMI on the disposition and treatment of any Tribal Cultural Resource encountered during all ground disturbing activities.
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.
92. 93.
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 the periods and days permitted by local ordinance.
The on-site construction supervisor shall have the responsibility and authority to receive and resolve 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.
94. 95.
96. Electrically powered equipment shall be used instead of pneumatic or internal combustion powered equipment, where feasible.
Material stockpiles and mobile equipment staging, parking and maintenance areas shall be located as far away as practicable from noise-sensitive receptors.
The use of noise producing signal, including horns, whistles, alarms, and bells shall be for safety warning purposes only.
97. 98.
No project-related public address or music system shall be audible at any adjacent receptor.
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 B) TTM No. 83553 and ZC No. 21-03
Mit. /
Cond.
No.
VERIFICATION OF COMPLIANCEMitigation Measure/
Conditions of Approval
Monitoring Milestone
(Frequency)
Method of
Verification
Party Responsible
for Monitoring Initials Date Remarks
AIR QUALITY
Prior to ground disturbance activities, the project Prior to the final operator shall provide evidence to the approval of grading plan, materials, sign-in Development Services Director that the project issuance of stockpile or sheets, and LA Submittal of training Development Services
Department, Community
Development Division,
1. operator and/or construction manager has construction permit, or developed a “Valley Fever Training Handout”, training, any ground disturbing and schedule of sessions for education to be activities. 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:
County Department of and LA County
Public Health
reviewed plan.
Department of Public
Health
a. A sign-in sheet (to include the printed
employee names, signature, and date)
for all employees who attended the
training session.
b. Distribution of a written flier or
brochure that includes educational
information regarding the health effects
of exposure to criteria pollutant
emissions and Valley Fever.
c. Training on methods that may help
prevent Valley Fever infection.
d. A demonstration to employees on how to
use personal protective equipment, such
as respiratory equipment (masks), to
MITIGATION MONITORING AND REPORTING PROGRAM (Attachment B) TTM No. 83553 and ZC No. 21-03
Mit. /
Cond.
No.
VERIFICATION OF COMPLIANCEMitigation Measure/
Conditions of Approval
Monitoring Milestone
(Frequency)
Method of
Verification
Party Responsible
for Monitoring Initials Date Remarks
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:
a. 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
MITIGATION MONITORING AND REPORTING PROGRAM (Attachment B) TTM No. 83553 and ZC No. 21-03
Mit. /
Cond.
No.
VERIFICATION OF COMPLIANCEMitigation Measure/
Conditions of Approval
Monitoring Milestone
(Frequency)
Method of
Verification
Party Responsible
for Monitoring Initials Date Remarks
conditioning prior to using the equipment.
b. Provide communication methods, such as
two-way radios, for use in enclosed cabs.
c. 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.
d. 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).
e. 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.
f. Train workers to recognize the
symptoms of Valley Fever, and to
promptly report suspected symptoms of
work-related Valley Fever to a supervisor.
g. Work with a medical professional to
develop a protocol to medically evaluate
employees who develop symptoms of
Valley Fever.
MITIGATION MONITORING AND REPORTING PROGRAM (Attachment B) TTM No. 83553 and ZC No. 21-03
Mit. /
Cond.
No.
VERIFICATION OF COMPLIANCEMitigation Measure/
Conditions of Approval
Monitoring Milestone
(Frequency)
Method of
Verification
Party Responsible
for Monitoring Initials Date Remarks
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 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.
a. When possible, position workers
upwind or crosswind when digging a
trench or performing other soil-disturbing
tasks.
b. Prohibit smoking at the worksite outside
of designated smoking areas;
designated smoking areas will be
equipped with handwashing facilities.
c. Post warnings on-site and consider limiting
access to visitors, especially those without
adequate training and respiratory
protection.
d. Audit and enforce compliance with relevant
MITIGATION MONITORING AND REPORTING PROGRAM (Attachment B) TTM No. 83553 and ZC No. 21-03
Mit. /
Cond.
No.
VERIFICATION OF COMPLIANCEMitigation Measure/
Conditions of Approval
Monitoring Milestone
(Frequency)
Method of
Verification
Party Responsible
for Monitoring Initials Date Remarks
Cal OSHA health and safety standards on
the job site.
BIOLOGICAL RESOURCES
2. The applicant shall retain a qualified biologist who Prior to the start of A copy of the burrowing City of Lancaster shall conduct burrowing owl protocol surveys on the construction/ground project site in accordance with the procedures disturbing activities. established by the California Department of Fish
and Wildlife in the Staff Report on Burrowing Owl
Mitigation prior to the issuance of any construction
related permits. If burrowing owls are identified
during the surveys, the applicant shall contact the
California Department of Fish and Wildlife (CDFW)
to develop appropriate mitigation/management
procedures. The applicant shall submit a final
Burrowing Owl Mitigation Plan to the City prior to
the City issuing construction permits. The applicant
shall implement all measures identified in the
Burrowing Owl Mitigation Plan.
owl protocol survey(s)
shall be provided to
CDFW.
Community Development
Division
At a minimum, the following shall occur:
a. 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
burrow shall be collapsed.
b. In the event that a breeding pair or female
owl with offspring are present at the
burrow, a buffer zone of at least 50 feet
shall be established around the burrow
until the offspring have fledge and left the
burrow. No work shall occur within the
buffer zone. The specific buffer zone shall
be established in coordination with
MITIGATION MONITORING AND REPORTING PROGRAM (Attachment B) TTM No. 83553 and ZC No. 21-03
Mit. /
Cond.
No.
VERIFICATION OF COMPLIANCEMitigation Measure/
Conditions of Approval
Monitoring Milestone
(Frequency)
Method of
Verification
Party Responsible
for Monitoring Initials Date Remarks
CDFW.
3. A nesting bird survey shall be conducted by a Prior to the start of qualified biologist within 30 days prior to the start of construction/ground construction/ground disturbing activities. If active disturbing activities. bird nests are identified during the survey, the
applicant shall contact the California Department of
Fish and Wildlife to determine the appropriate
mitigation/management requirements. Impacts to
nesting birds 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.
A copy of nesting bird
survey
City of Lancaster
Community Development
Division
CULTURAL RESOURCES
4. In the event that cultural resources are discovered During construction Notification to the City City of Lancaster 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 be hired to
assess the find. Work on the other portions of the
project outside of the buffered area may continue
during this assessment period. Additionally, the
Yuhaaviatam of San Manuel Nation Cultural
Resources Department (YSMN) shall be contacted
regarding any pre-contact and/or historic-era finds
and be provided information after the archaeologist
makes his/her initial assessment of the nature of the
find, so as to provide Tribal input with regards to
significance and treatment.
of Lancaster, affected Community Development
tribes Division, construction
foreman, building
inspectors
5. If significant pre-contact and/or historic-era cultural During construction resources, as defined by CEQA (as amended,
Notification to the City City of Lancaster
of Lancaster, affected Community Development
2015), are discovered and avoidance cannot be tribes Division, construction foreman, building
inspector
ensured, the archaeologist shall develop a
Monitoring and Treatment Plan, the drafts of which
MITIGATION MONITORING AND REPORTING PROGRAM (Attachment B) TTM No. 83553 and ZC No. 21-03
Mit. /
Cond.
No.
VERIFICATION OF COMPLIANCEMitigation Measure/
Conditions of Approval
Monitoring Milestone
(Frequency)
Method of
Verification
Party Responsible
for Monitoring Initials Date Remarks
shall be provided to YSMN for review and comment.
The archaeologist shall monitor the remainder of the
project and implement the Plan accordingly.
6. 7.
If human remains or funerary objects are During construction encountered during any activities associated with
the project, work in the immediate vicinity (within a
100-foot buffer of the find) shall cease and the
County Coroner shall be contacted pursuant to
State Health and Safety Code §7050.5 and that
code enforced for the duration of the project.
Notification to the City City of Lancaster
of Lancaster, County Community Development
Coroner, and any
affected tribe
Division, construction
foreman,
The Yuhaaviatam of San Manuel Nation Cultural During construction Resources Department (YSMN) shall be contacted,
Notification to the City City of Lancaster
of Lancaster, and any Community Development
of any pre-contact and/or historic-era cultural affected tribe Division construction foreman, and building
inspector
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 YSMN elect to place a monitor
on-site
8. Any and all archaeological/cultural documents During construction 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.
Notification to the City City of Lancaster
of Lancaster, and any Community Development
affected tribe Division construction
foreman, and building
inspector
MITIGATION MONITORING AND REPORTING PROGRAM (Attachment B) TTM No. 83553 and ZC No. 21-03
Mit. /
Cond.
No.
VERIFICATION OF COMPLIANCEMitigation Measure/
Conditions of Approval
Monitoring Milestone
(Frequency)
Method of
Verification
Party Responsible
for Monitoring Initials Date Remarks
9. The project applicant shall retain a professional During construction Native American monitor procured by the
Fernandeño Tataviam Band of Mission Indians
(FTBMI) to observe all testing, clearing, grubbing,
and grading operations up to 5-feet below the
surface of native soil, unless there is evidence to
suggest cultural resources extend below the
specified depth. If cultural resources are
encountered, the Native American monitor will have
the authority to request ground disturbing activities
cease within 60-feet of discovery to assess and
document potential finds in real time.
Notification to the City City of Lancaster
of Lancaster, and any Community Development
affected tribe Division construction
foreman, and building
inspector
10. The Lead Agency and/or applicant shall, in good During construction faith, consult with the FTBMI on the disposition and
treatment of any Tribal Cultural Resource
encountered during all ground disturbing activities.
Notification to the City City of Lancaster
of Lancaster, and any Community Development
affected tribe Division construction
foreman, and building
inspector
GEOLOGY AND SOILS
11. The applicant shall submit the required Construction Prior to vegetation A copy of the Excavation Fee to the Antelope Valley Air Quality removal, grubbing, AVAQMD-approved Development Services
Department, Community
Development Division,
Capital Engineering and
Building and Safety, and
the AVAQMD.
Management District (AVAQMD) prior to the grading, stockpile, or Dust Control Plan issuance of any grading and/or construction construction, the City Field Inspectionspermits. This includes compliance with all shall receive a copy of prerequisites outlined in District Rule 403, Fugitive the Dust Control Plan 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.
NOISE
12. Construction operations shall not occur between 8 During construction p.m. and 7 a.m. on weekdays or Saturday or at any
Field inspections Development Services
Department, Community
MITIGATION MONITORING AND REPORTING PROGRAM (Attachment B) TTM No. 83553 and ZC No. 21-03
Mit. /
Cond.
No.
VERIFICATION OF COMPLIANCEMitigation Measure/
Conditions of Approval
Monitoring Milestone
(Frequency)
Method of
Verification
Party Responsible
for Monitoring Initials Date Remarks
time on Sunday. The hours of any construction-
related activities shall be restricted to periods and
days permitted by local ordinance.
Development Division
and Building and Safety
13. The on-site construction supervisor shall have the During construction 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.
Field inspections Development Services
Department, Community
Development Division
and Building and Safety
14. 15.
16. Electrically powered equipment shall be used During construction instead of pneumatic or internal combustion
powered equipment, where feasible.
Field inspections
Field inspections
Field inspections
Development Services
Department, Community
Development Division
and Building and Safety
Material stockpiles and mobile equipment staging, During construction parking and maintenance areas shall be located as
far away as practicable from noise-sensitive
receptors.
Development Services
Department, Community
Development Division
and Building and Safety
The use of noise producing signals, including horns, During construction whistles, alarms, and bells shall be for safety
warning purposes only.
Development Services
Department, Community
Development Division
and Building and Safety
17. 18.
No project-related public address or music system During construction shall be audible at any adjacent receptor.
Field inspections
Field inspections
Development Services
Department, Community
Development Division
and Building and Safety
All noise producing construction equipment and During construction 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
Development Services
Department, Community
Development Division
and Building and Safety
MITIGATION MONITORING AND REPORTING PROGRAM (Attachment B) TTM No. 83553 and ZC No. 21-03
Mit. /
Cond.
No.
VERIFICATION OF COMPLIANCEMitigation Measure/
Conditions of Approval
Monitoring Milestone
(Frequency)
Method of
Verification
Party Responsible
for Monitoring Initials Date Remarks
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.
City of Lancaster
Initial Study
1. 2.
Project title and File Number:
Lead agency name and address:
Tentative Tract Map No. 83553
Zone Change No. 21-03
City of Lancaster
Development Services Department
Community Development Division
44933 Fern Avenue
Lancaster, California 93534
3. 4.
5. Contact person and phone number: Cynthia Campaña, Senior Planner City of Lancaster
Development Services Department
(661) 723-6100
Location: ±10 acres on the northwest corner of 52 nd
Street West and Avenue L (Assessor’s
Parcel Numbers: 3204-006-036 and 3204-
006-037)
Applicant name and address: Civil Design and Drafting, Inc Imad Aboujawdah
885 Patriot Drive, Unit C
Moorpark, CA 93021
6. 7.
General Plan designation:
Zoning:
Urban Residential (UR)
R-15,000 (single-family residential,
minimum lot size 15,000 square feet)
8. Description of project:
The proposed project consists of a subdivision of approximately ten acres into 28 single-family residential lots. In addition, the project consists of a zone change from R-15,000 to R-10,000.
The lots range from 10,413 square feet to 12,748 square feet. Streets within the subdivision would be public. Access to the subdivision would be provided from 52nd Street West.
9. Surrounding land uses and setting:
The project site is currently undeveloped and vacant. The properties surrounding the project site are predominately single-family homes and vacant land. Quartz Hill High School is .6 miles
Tentative Tract Map No. 83553
Zone Change 21-03
Initial Study
southwest of project site. Table 1 provides the zoning and the land uses of the properties adjacent to the site.
Table 1: Zoning/Land Use Information
Direction
North
Zoning
R-15,000
Land Use
Vacant Land
LA Unincorporated, R-1: Single
Family Residence
LA Unincorporated, A-1-1:
(Light Agriculture)
R-10,000
South Single-family residences
East Single-family residences
Vacant landWest
10. Other public agencies whose approval is required (e.g. permits, financing approval, or participation agreement.)
Approvals from other public agencies for the proposed project include, but are not limited to, the following:
• California Department of Fish and Wildlife
• Antelope Valley Air Quality Management District
• Southern California Edison
• Los Angeles County Sanitation District #14
• Los Angeles County Waterworks District #40
• Los Angeles County Fire Department
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 confidentiality, etc.? In accordance with Assembly Bill (AB) 52, consultation letters for the proposed project were sent to five individuals associated with five tribes which have requested to be included. These letters were mailed via certified return receipt mail and included copies of the site plan and cultural resources report. Table 2 identifies the tribes, the person to whom the letter was directed, and the date the letter was received.
Both the Yuhaaviatam of San Manuel Nation and the Fernandeño Tataviam Band of Mission Indians responded to the letters. While no specific tribal cultural resources were identified, both tribes requested mitigation measures to address proper procedures in the event that previously unknown cultural resources are discovered on the project site during construction and tribal monitoring of ground disturbing activities. These measures have been included in the cultural resources section.
Tentative Tract Map No. 83553
Zone Change 21-03
Initial Study
Table 2: Tribal Notification
Tribe Person/Title
Andrew Salas/Chairman
Date Received
4/2/22Gabrieleno Band of Mission Indians –
Kizh Nation
Yuhaaviatam of San Manuel Nation Ryan Nordness/Cultural Resource Analyst 4/2/22 Fernandeno Tataviam Band of Mission
Indians
Jairo Avila, Tribal Historic and Cultural
Preservation Officer
4/4/22
Rudy Ortega, Tribal President
Morongo Band of Mission Indians
Quechan Tribe of the Fort Yuma
Reservation
Robert Martin, Chairperson
Jill McCormick, Historic Preservation
Officer
4/4/22
4/7/22
Figure 1: Aerial Map
Figure 2: Tentative Tract Map
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages.
Aesthetics __ Agriculture and Forestry __ Air Quality
Resources
__
Biological Resources
Geology/Soils
__ Cultural Resources __ Energy__
__ __ Greenhouse Gas Emissions __ Hazards
Materials
& Hazardous
Hydrology/Water Quality
Noise
__ Land Use/Planning
__ Population/Housing
__ Transportation
__ Wildfire
__ Mineral Resources__
__
__
__
__ Public Services
Recreation __ Tribal Cultural Resources
Utilities/Service Systems __ Mandatory Findings of
Significance
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 find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
____ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
____ I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only effects that remain to be addressed.
____ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 2/8/23
___________________
Date
____
Cynt
________
nior Planner
Tentative Tract Map No. 83553
Zone Change 21-03
Initial Study
EVALUATION OF ENVIRONMENTAL IMPACTS:
1) 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. 2)
3)
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. 4)
5)
“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 identify the following:
a. Earlier Analysis Use. Identify 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.
6) 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.
Tentative Tract Map No. 83553
Zone Change 21-03
Initial Study
7)
8)
Supporting Information Sources: A source list should be attached, and other sources 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.
9) The explanation of each issue should identify:
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.
Tentative Tract Map No. 83553
Zone Change 21-03
Initial Study
Less Than
Significant
With
Potentially
Significant
Impact
Less Than
Significant
Impact
No
ImpactMitigation
I. AESTHETICS. Except as provided in Public Resources
Code Section 21099, 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
X
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?
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views of the
area?
a. The City of Lancaster General Plan identifies five scenic areas in the City and immediately surrounding area (LMEA Figure 12.0-1). Views of these scenic areas are not generally visible from the project site or the immediately surrounding roadways. However, views of the open desert and the mountains surrounding the Antelope Valley are available from the project site and nearby roadways. The proposed project would be for the subdivision of 28 single-family residential lots and would be similar to the existing single-family homes south and east of the project site. With implementation of the proposed project, the views would not change because the construction of the project would have similar heights as the existing homes and the views would continue to be available from the roadways and project site. Therefore, no impact would occur.
b. The project site is not located along any designated State Scenic Highways. There are no State designated scenic routes or highways within the City of Lancaster. There are no scenic resources, rock outcroppings or buildings on the project site. There are trees along Avenue L which would be removed as part of the proposed project. In addition, the proposed project would include the implementation of new landscaping along the perimeter of the project site. The construction of the project would not impact the views available to the traveling motorists as development has already occurred adjacent to the project site. Therefore, impacts would be less than significant.
Tentative Tract Map No. 83553
Zone Change 21-03
Initial Study
c. The proposed project consists of a subdivision for 28-single family residential lots and a zone change from R-15,000 to R-10,000, but the project would be consistent with the zoning code as it pertains to the proposed use and proposed zone. Additionally, the City of Lancaster adopted Design Guidelines on December 8, 2009 (and updated on 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 subject site from vacant land to a residential subdivision of 28 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 issuance of building permits for the project, the elevations of the models would be subject to review by the Development Services Director 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.
d. Currently, no light is generated on the project site. Light generated in the area is primarily from residential lighting, vehicle headlights and streets lights. The light generated from the project site would be in the form of motor vehicles, streets lights and residential lighting. The proposed street lights within the development would be shielded and focused downward onto the project site.
Additionally, the proposed development would not produce substantial amounts of glare as the development would be constructed primarily from non-reflective materials. Therefore, impacts would be less than significant.
Tentative Tract Map No. 83553
Zone Change 21-03
Initial Study
Less Than
Significant
With
Potentially
Significant
Impact
Less Than
Significant
Impact
No
ImpactMitigation
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
model to 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
Xb) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined in Public Resources
Code Section 4526), or timberland zoned Timberland
Production (as defined by Government Code Section
51104(g))?
X
d) Result in the loss of forest land or conversion of forest land to non-forest use? X
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 of forest land to non-forest use?
Tentative Tract Map No. 83553
Zone Change 21-03
Initial Study
a. 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 latest available map for Los Angeles County is from 2018. According to 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 than 20 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. b. The project site is zoned R-15,000, but the proposed project includes a zone change to R-10,000.
The R-10,000 zone does not allow for agricultural uses. The property to the east of the project site is zoned for agricultural uses; however, the property is developed with residential uses. The project site and surrounding properties are not under agricultural production. Additionally, the project site and the surrounding areas are not subject to a Williamson Act contract. Therefore, no impacts would occur.
c-d. 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.
Tentative Tract Map No. 83553
Zone Change 21-03
Initial Study
Less Than
Significant
With
Potentially
Significant
Impact
Less Than
Significant
Impact
No
ImpactMitigation
III. 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
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?
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-15,000. The proposed project also includes a zone change from R-15,000 to R-10,000. Single-family homes are a permitted use under this zone. 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.
An air quality study was prepared for the proposed project by MS Hatch Consulting and documented in a report entitled “Air Quality Study – Tentative Tract Map (TTM) 83553 Housing Development –Avenue L and 52 nd Street West, Lancaster, CA” and dated December 21, 2021.
This study estimates the emissions associated with construction and occupancy of the subdivision for both criteria pollutants and greenhouse gas emissions. These emissions are summarized in Tables 3 and 4; as seen in these emissions would be less than significant.
Table 3: Annual Construction and Operational Emissions
Emissions Source Total Emissions (tons per year)
Tentative Tract Map No. 83553
Zone Change 21-03
Initial Study
ROG
0.29 NOx
2.58 1.74
CO
2.96 2.35
SOx
0.01 PM10
0.28 0.14
PM2.5
0.16 CO2e
511
Construction Emissions
Year 1 Construction
Emissions (2024)
Year 2 Construction
Emissions (2025)
0.45 <0.01 0.08 391
Operational Emissions
Area Sources
Energy
Mobile
Waste
Water
Total Operational
Emissions
0.31 <0.01
0.13 N/A
N/A
0.45 0.02
0.03 0.18
N/A
N/A
0.23 0.22
0.01 1.26
N/A
N/A
1.49 <0.01
<0.01
<0.01
N/A
N/A
<0.01
<0.01
<0.01
0.28 0.00
0.00 <0.01
<0.01
0.08 0.00
0.00 23
78 240
16 9
3660.29 0.08
Significant Emissions
Threshold
25 25 100 25 15 12 100,000
Table 4: Daily Construction and Operational Emissions
Total Emissions (tons per year)
Emissions Source
Construction Emissions
Year 1 Construction
Emissions (2024)
ROG NOx CO SOx
0.06 0.03
PM10
9.04 1.06
PM2.5 CO2e
6,214
3,303
3.29 34.42 28.38
17.84 5.11
Year 2 Construction
Emissions (2025)
25.59 13.24 0.64
Operational Emissions
Area Sources
Energy
Mobile
Waste
Water
Total Operational
Emissions
1.79 0.02
0.89 N/A
N/A
2.70 0.49
0.18 0.90
N/A
N/A
1.57 2.51
0.08 7.56
N/A
N/A
10.14 <0.01
<0.01
0.02 N/A
N/A
0.05 0.01
1.62 N/A
N/A
1.68 0.05
0.01 0.44
N/A
N/A
0.50 601
231
1,591
N/A
N/A
2,4230.02
Significant Emissions
Threshold
137 137 548 137 82 65 548,000
c. The closest sensitive receptors are single-family residences east and south of the project site.
Quartz Hill High School is located .6 miles southwest of the project site. The proposed project would generate a small number of daily trips associated with the 28 single family residences.
These trips would generate emissions as shown above; however, the amount of traffic generated
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by the project is not sufficient 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 airborne 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.
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 stirred 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:
•
•
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 flyer or brochure that includes educational
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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 City of Lancaster. 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 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
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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.
d. 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 along 52 th Street West and Avenue L. 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 be generated by typical residential activities (e.g. cooking, etc.) However, these odors are considered to be normal odors associated with residential developments and are less than significant. Therefore, impacts associated with the odors would be less than significant.
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Less Than
Significant
With
Potentially
Significant
Impact
Less Than
Significant
Impact
No
ImpactMitigation
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
X
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?
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with
established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
X
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?
a. A biological resource survey was conducted for the project site by Mark Hagan and documented in a report titled “Biological Resource Assessment of APNs 3204-006-036 and 037, Lancaster, California” and dated September 17, 2021. This report documents the findings of a field survey, review of documented sighting of sensitive plant and wildlife species using California Natural Diversity Database and review of historical sighting and background information from previous surveys in the area. The field survey was conducted August 21, 2021 using a line transect survey.
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Eight line transects were walked in a north-south orientation spaced approximately 75 feet apart.
The proposed project area is a highly disturbed habitat. Scatter litter, soil, asphalt spoils piles, and vehicle tracks were present throughout the entire site.
Plants
A total of 13 plant species were observed during the survey as listed in Table 5. Fiddleneck and tumble mustard were the dominant annual species throughout the study area. No suitable habitat for alkali mariposa lily, Barstow woolly sunflower or desert cymopterus were observed within the study site. No Joshua trees were observed on the project site.
Table 5: Observed Plant Species
Common Name
Rabbit brush
Fiddleneck
Scientific Name
Chrysothamnus nauseosis
Amsinckia tessellata
Eremocarpus setigerus
Eriogonum sp.
Lessingia germanorum
Trichostema lanceolatum
Euphorbia albomarginata
Salsola iberica
Turkey mullein
Buckwheat sp.
Autumn vinegar-weed
Vinegar weed
Rattlesnake weed
Russian thistle
Red stemmed filaree
Tumble mustard
Buckwheat sp.
Schismus
Erodium cicutarium
Sisymbrium altisissiimum
Eriogonum
Schismus sp.
Annual burweed Franseria acanthicarpa
A total of nine wildlife species were observed on the project site and Table 6 provides all listing of all animal species or their sign observed on the project site.
Table 6: Observed Animal Species
Common Name
Rodents
California ground squirrel
Desert cottontail
Common raven
Pocket Gopher
Northern mockingbird
Spider sp.
Spider sp. (funnel web)
Harvester ants
Scientific Name
Order: Rodentia
Citellus beecheyi
Sylvilagus auduboni
Corvus corax
Thomomys bottae
Mimus polyglottos
Order: Araneida
Order: Aranedia
Order: Hymenoptera
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No desert tortoises, Mohave ground squirrels, burrowing owls, desert kit foxes or Swainson hawks, or their sign were observed within the study site. No special status wildlife species or their sign were identified during the survey. Vegetation within the study area provides potential nesting sites for migratory birds and existing ground squirrel burrows provide potential cover for burrowing owls. As such, mitigation measures have been identified for both a nesting bird survey and burrowing owl protocol surveys to ensure impacts remain less than significant. Therefore, the project would have less than significant impacts with implementation of the identified mitigation measures.
Mitigation Measures
2. The applicant shall retain a qualified biologist who shall conduct burrowing owl protocol surveys on the project site in accordance with the procedures established by the California Department of Fish and Wildlife in the Staff Report on Burrowing Owl Mitigation prior to the issuance of any construction related permits. If burrowing owls are identified during the surveys, the applicant shall contact the California Department of Fish and Wildlife (CDFW) to develop appropriate mitigation/management procedures. The applicant shall submit a final Burrowing Owl Mitigation Plan to the City prior to the City issuing construction permits. The applicant shall implement all measures identified in the Burrowing Owl Mitigation Plan.
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 burrow shall be collapsed.
• In the event that a breeding pair or female owl with offspring are present at the burrow, a buffer zone of at least 50 feet shall be established around the burrow until the offspring have fledge 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 by a qualified biologist within 30 days prior to the start of construction/ground disturbing activities. If active bird nests are identified during the survey, the applicant shall contact the California Department of Fish and Wildlife to determine the appropriate mitigation/management requirements. Impacts to nesting birds 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. b.
c.
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.
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d.
e.
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 $770/acre to help 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.
f. 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 agencies (counties and cities) within the Plan Area. As such, there is no HCP that is applicable to the project site and no impacts would occur.
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Less Than
Significant
With
Potentially
Significant
Impact
Less Than
Significant
Impact
No
ImpactMitigation
V. CULTURAL RESOURCES. Would the project:
1. Cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5? X
X
2. Cause a substantial adverse change in the significance of an archaeological resources pursuant to §15064.5? X
3. Disturb any human remains, including those interred
outside of dedicated cemeteries?
a-c. A cultural resource survey was conducted for the project site by Hudlow Cultural Resource Associates and documented in a report entitled “A Phase I Cultural Resources Survey for 52 nd Street West and Avenue L, City of Lancaster, California” and dated December 2021. The cultural report included both a records search and a survey of the project site.
A records search for the project site and vicinity was conducted at the South Central Coast Information Center on November 30, 2021. A total of 14 cultural resource surveys have been conducted with one-half mile of the project site, including four surveys, which previously addressed the current project area. One cultural resource (historic trash scatter) has been recorded within one half-mile of the current project, but no cultural resources were identified within the project site.
On September 15, 2021 a survey of the project site was conducted by walking north-south pedestrian transects. These transects were spaced approximately 33 feet apart. No cultural resources were identified. No human remains, including those interred outside of formal cemeteries, were identified on the project site. Therefore, no impacts would occur.
Although no archaeological resources were identified in the records search or during the survey, it is possible that previously unknown resources could be encountered during the course of construction-related activities. Additionally, responses received during the AB 52 process requested the inclusion of mitigation measures to ensure the proper handling and treatment of any cultural resources encountered on the project site and tribal monitoring. With incorporation of the mitigation measures, impacts to cultural resources would be less than significant.
Mitigation Measures
4. 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
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archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, the Yuhaaviatam of San Manuel Nation Cultural Resources Department (YSMN) shall be contactedregarding any pre-contact and/or historic-era finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment.
5. 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. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly.
6. If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project.
7. The YSMN Cultural Resources Department shall be contactedif any pre-contact and/or historic-era cultural resources are 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 YSMN elect to place a monitor on-site.
8. 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.
9. The project applicant shall retain a professional Native American monitor procured by the Fernandeño Tataviam Band of Mission Indians (FTBMI) to observe all testing, clearing, grubbing, and grading operations up to 5-feet below the surface of native soil, unless there is evidence to suggest cultural resources extend below the specified depth. If cultural resources are encountered, the Native American monitor will have the authority to request ground disturbing activities cease within 60-feet of discovery to assess and document potential finds in real time.
10. The Lead Agency and/or applicant shall, in good faith, consult with the FTBMI on the disposition and treatment of any Tribal Cultural Resource encountered during all ground disturbing activities.
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Less Than
Significant
With
Potentially
Significant
Impact
Less Than
Significant
Impact
No
ImpactMitigation
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
Xb) Conflict with or obstruct a state or local plan for renewable energy or energy efficient?
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 procurement by 2020 and to 50 percent of total procurement by 2030. Renewable energy is generally defined as energy that comes from
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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 inefficient, wasteful, or unnecessary consumption of building energy.
Therefore, no impacts would occur.
b. 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 previous standards went into effect on January 1, 2017 and January 1, 2020 and substantially reduced 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 efficiency; and environmental quality. An updated version of both the California Building Code and the CalGreen Code went into effect on January 1, 2023.
In 2014, the City of 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 renew able electric generating private- sector partners at affordable rates. Therefore, no impacts would occur.
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Less Than
Significant
With
Potentially
Significant
Impact
Less Than
Significant
Impact
No
ImpactMitigation
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
Xiv) Landslides?
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
X
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating
substantial direct or indirect risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?
X
Xf) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
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 Seismic Hazard Evaluation of the Lancaster East and West Quadrangles,
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the project site may be subject to intense seismic shaking (LMEA pg. 2-6). 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 September 23, 2021, the California Geologic Survey updated the Seismic Hazard Zones Map for Lancaster (SSHZ) (https://maps.conservation.ca.gov/cgs/EQZApp/app/). Based on these maps, the project site is not located in an area at risk for liquefaction. No impacts would occur b. 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 mitigation measures listed below is required to control dust/wind erosion. With implementation of the mitigation measures, impacts would be less than significant.
Mitigation Measures
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 completion of a successful onsite compliance inspection by an AVAQMD field inspector. Proof of compliance shall be submitted to the City.
c. 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 result in the cracking of the ground surface.
According to Figure 2-3 of the City of Lancaster’s Master Environmental Assessment, the closest sinkholes and fissures to the project site are located in the vicinity of 60 th Street West and Avenue I. The project site is not known to be within an area of subject to sinkholes, subsidence (LMEA Figure 2-3) or any other form of soil instability. The proposed project would be required to have a geotechnical study prepared and all recommendations followed as part of the building permit process. These recommendations would ensure that any impacts associated with forms of soil instability would be less than significant. For a discussion of potential impacts regarding liquefaction, please refer to Item VI.a.
d. The soil on the project site is characterized by a low shrink/swell potential (LMEA Figure 2-3), which is not an expansive soil as defined by Table 18-1-B of the Uniform Building Code. A soils report on the soils within the project site shall be submitted to the City by the project developer
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prior to grading of the property and the recommendations of the report shall be incorporated into the development of the property. Therefore, impacts would be less than significant. e.
f.
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.
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Less Than
Significant
With
Potentially
Significant
Impact
Less Than
Significant
Impact
No
ImpactMitigation
VIII. GREENHOUSE GAS EMISSIONS. Would the
project:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment?
X
X
b) Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of
greenhouse gases?
a-b. The proposed project consists of a 28-lot residential subdivision. 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 would be less than the thresholds established by AVAQMD 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, heating/cooling 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 (LMEA 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.
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Less Than
Significant
With
Potentially
Significant
Impact
Less Than
Significant
Impact
No
ImpactMitigation
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
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?
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
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 significant hazard to the public or the environment?
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
X
X
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
X
a-b. The proposed project consists of a 28-lot residential subdivision. 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
Tentative Tract Map No. 83553
Zone Change 21-03
Initial Study
area. The 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. c.
d.
The project site is not located within a quarter mile of an existing or proposed school. The closest school to the project site is Quartz Hill High School approximately .6 miles southwest of the project site. Additionally, the proposed project would not emit hazardous emissions or handle hazardous/acutely hazardous materials, substances, or waste. Therefore, no impacts would occur.
A Phase I Environmental Site Assessment was prepared for the project site by E. W. Milnes. The results of the study are documented in a report entitled “Phase I Environmental Site Assessment Report for Tripod Investment LLC & Ariel 226 LLC Vacant Property 52 nd Street W Between L and K-10 Lancaster” and dated August 2021.
A survey of the project site was conducted on August 12, 2021 to determine the presence of any recognized environmental concerns. No hazardous material/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 subject site. There is a closed oil well north of the project site along Avenue K-8, but there are no oil wells on the project site.
In addition to the survey of the project site, a regulatory database search was conducted for the project site and immediately surrounding properties within the specified search distances by EDR. There were 20 regulatory sites located within a mile of the subject site; however, there are none within a quarter mile. Due to type of site, distance, and status, these locations would not pose an environmental risk to the project site. The subject site was not identified on any regulatory database and no impacts would occur.
e.
f.
The proposed project is not located within an airport land use plan or within two miles of a public/private airport. The nearest airfield, General William J. Fox Airfield, is located approximately five miles north of the project site. Therefore, no safety hazards for people residing in the project area would be anticipated and no impacts would occur.
The traffic generated by the proposed project is not expected to block the roadways and 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.
g. The surrounding properties are vacant land and single-family residences. It is possible that these lands could be subject to grass and building fires. The project site is within the service boundaries of Los Angeles County Fire Station No. 84, located at 5030 West Avenue L-4, which would serve the project site in the event of a fire. Therefore, potential impacts from wildland fires would be less than significant.
Tentative Tract Map No. 83553
Zone Change 21-03
Initial Study
Less Than
Significant
With
Potentially
Significant
Impact
Less Than
Significant
Impact
No
ImpactMitigation
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
X
b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the
project may impede sustainable groundwater
management of the basin?
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the
course of a stream or river or through the addition of
impervious surfaces, in a manner which would:
i) Result in substantial erosion or siltation on- or off- site X
X
ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding
on- or off-site
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
Xiv) Impede or redirect flood flows
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
Tentative Tract Map No. 83553
Zone Change 21-03
Initial Study
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 28 single-family residences lots. 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 b.
c.
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 40. Therefore, impacts would be less than significant.
Development of the proposed project would increase the amount of surfacr runoff as a result of impervious surves associated with the grading and construction 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 incremental runoff from the developed site. Therefore, impacts from drainage and runoff would be less than significant.
The project site is designated as Flood Zone X per the Flood Insurance Rate Map (FIRM) (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. d.
e.
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 large bodies of water. Apollo Park contains a small lake which is located approximately six miles to the north and the California Aqueduct is located over two miles south of the project site. In the event of an earthquake, it is not anticipated that these bodies of waterwould create a seiche that would impact the project site. Additionally, the project site would not be subject to mudflows. Therefore, 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 significant
Tentative Tract Map No. 83553
Zone Change 21-03
Initial Study
Less Than
Significant
With
Potentially
Significant
Impact
Less Than
Significant
Impact
No
ImpactMitigation
XI. LAND USE AND PLANNING. Would the project:
a) Physically divide an established community? X
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?
a.
b.
The proposed project consists of the construction and occupancy of a 28-lot residential subdivision. The project site is located on the northwest corner of 52 nd Street East and Avenue L on vacant land. The proposed project would not block a public street, trail or other access route or result in a physical barrier that would divide the community. Therefore, no impacts would occur.
The proposed project is for the construction of a 28-lot residential subdivision and a zone change from R-15,000 to R-10,000, but the general plan land use would not change and would still be is consistent with the City’s General Plan. In addition, the proposed project 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.
Tentative Tract Map No. 83553
Zone Change 21-03
Initial Study
Less Than
Significant
With
Potentially
Significant
Impact
Less Than
Significant
Impact
No
ImpactMitigation
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 of the state?
X
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?
a-b. The project site does not contain any current mining or recover operations for mineral resources and no such activities have occurred on the project site in the past. According to the LMEA (Figure 2-4 and page 2-8), the project site is designated as Mineral Reserve Zone 3 (contains potential but presently unproven resources.) However, it is considered unlikely that the Lancaster area has large valuable mineral and aggregate deposits. Therefore, no impacts to mineral resources would occur.
Tentative Tract Map No. 83553
Zone Change 21-03
Initial Study
Less Than
Significant
With
Potentially
Significant
Impact
Less Than
Significant
Impact
No
ImpactMitigation
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 of other agencies?
X
b) Generation of excessive groundborne vibration or
groundborne noise levels? X
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?
a. The City’s General Plan (Table 3-1) establishes an outdoor maximum CNEL of 65 dBA for residential uses. Table 8-11 of the LMEA provides the existing roadway noise levels adjacent to the project site. The current noise levels along Avenue L between 60th Street West and 50th Street West is 62.5 dBA. This is 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 near 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.
Tentative Tract Map No. 83553
Zone Change 21-03
Initial Study
Mitigation Measures
12. 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 the periods and days permitted by local ordinance.
13. The on-site construction supervisor shall have the responsibility and authority to receive and resolve 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.
14. 15.
16. 17.
18. Electrically powered equipment shall be used instead of pneumatic or internal combustion powered equipment, where feasible.
Material stockpiles and mobile equipment staging, parking and maintenance areas shall be located as far away as practicable from noise-sensitive receptors.
The use of noise producing signal, including horns, whistles, alarms, and bells shall be for safety warning purposes only.
No project-related public address or music system shall be audible at any adjacent receptor.
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. b.
c.
It is not anticipated that the grading of the proposed project would require the use of machinery that generates ground-borne vibration as no major subsurface construction (e.g., parking garage) 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-borne 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.
Tentative Tract Map No. 83553
Zone Change 21-03
Initial Study
Less Than
Significant
With
Potentially
Significant
Impact
Less Than
Significant
Impact
No
ImpactMitigation
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 of roads or other infrastructure)?
X
b) Displace substantial numbers of existing people or
housing, necessitating the construction of replacement
housing elsewhere?
X
a.
b.
The proposed project would result in an incremental increase in population growth; however, this increase was anticipated in both the City’s General Plan and in SCAG’s most recent Regional Transportation Plan/Sustainable 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.
Tentative Tract Map No. 83553
Zone Change 21-03
Initial Study
Less Than
Significant
With
Potentially
Significant
Impact
Less Than
Significant
Impact
No
ImpactMitigation
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 performance
objectives for any of the public services:
Fire Protection?
Police Protection?
Schools?
X
X
X
X
X
Parks?
Other Public Facilities?
a. The proposed project would increase the need for fire and police services; however, the project site is within the current service area of both these agencies and the additional time and cost to service the site is minimal. The proposed project would not induce substantial population growth and therefore, would not substantially increase the demand on parks, schools or other public facilities. Additionally, this growth has been accounted for in the City’s General Plan and within SCAG’s population forecasts. Impacts would be less than significant.
Construction of the proposed project may result in an incremental increase in population and may increase the number of students in the Westside Union School District and Antelope Valley Union High School District. Proposition IA, 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.
Tentative Tract Map No. 83553
Zone Change 21-03
Initial Study
Less Than
Significant
With
Potentially
Significant
Impact
Less Than
Significant
Impact
No
ImpactMitigation
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
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?
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.
Tentative Tract Map No. 83553
Zone Change 21-03
Initial Study
Less Than
Significant
With
Potentially
Significant
Impact
Less Than
Significant
Impact
No
ImpactMitigation
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
Xb) Would the project conflict or be inconsistent with
CEQA Guidelines Section 15064.3, subdivision (b)?
c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
X
Xd) Result in inadequate emergency access?
a.
b.
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 15% below the City’s established threshold. As such, a VMT analysis is not required and no impacts would occur.
c.
d.
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 52 nd Street West. Therefore, no impacts would occur
Tentative Tract Map No. 83553
Zone Change 21-03
Initial Study
Less Than
Significant
With
Potentially
Significant
Impact
Less Than
Significant
Impact
No
ImpactMitigation
XVIII. 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
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 5024.1.
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.
a. No specific tribal cultural resources have been identified either through the sacred lands file search conducted by the Native American Heritage Commission or by any of the Native American tribes with cultural affiliations to the area. Mitigation measures have been requested by the tribes to identify procedures for the 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.
Tentative Tract Map No. 83553
Zone Change 21-03
Initial Study
Less Than
Significant
With
Potentially
Significant
Impact
Less Than
Significant
Impact
No
ImpactMitigation
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 gas, or Xtelecommunications facilities, the construction or relocation of which could cause significant
environmental effects?
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development
during normal, dry and multiple dry years?
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
Xe) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? 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 indicated that the applicant shall secure permanent water supply entitlements to meet the proposed project’s annual water demand. As such, a mitigation measure has been identified to ensure sufficient water supply. Therefore, the project would have less than significant impacts.
Tentative Tract Map No. 83553
Zone Change 21-03
Initial Study
19. The proposed project shall require construction of a water storage tank and off-site water main extension.
c. The proposed project would discharge to a local sewer line for conveyance to the Districts’ 55 th Street West Trunk sewer located in Avenue L at 52 nd Street West Avenue L upon annexation.
According to the letter dated October 13, 2021 from the County Sanitation Districts of Los Angeles (LACSD), this 15-inch diameter trunk sewer has a design capacity of 1.6 million gallons per day (mgd) and conveyed a peak flow of 1.4 mgd when last measured in 2016. The project’s wastewater would be treated at the Lancaster Water Reclamation Plant which has a design capacity of 18 mgd and currently processes an average water flow of 14.3 mgd. The expected wastewater flow from the proposed project is 7,280 gallons per day. Therefore, impacts would be less than significant.
d-e. Solid waste generated within the City limits is generally disposed of at the Lancaster Landfill located at 600 East Avenue F. This landfill is a Class III landfill 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 required a 25% diversion of solid waste from landfills by 1995 and a 50% diversion by 2005. ln 2011, AB 341 was passed which requires the State to achieve a 75% 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 21); 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.
Tentative Tract Map No. 83553
Zone Change 21-03
Initial Study
Less Than
Significant
With
Potentially
Significant
Impact
Less Than
Significant
Impact
No
ImpactMitigation
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
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?
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
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?
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 fire hazard severity zones. The project site is located within the service boundaries of Fire Station No. 84 which would provide service in the event of a fire. Additionally, the proposed project would be constructed in accordance with all existing and applicable building and fire codes.
Therefore, no impacts would occur as a result of wildfires.
Tentative Tract Map No. 83553
Zone Change 21-03
Initial Study
Less Than
Significant
With
Potentially
Significant
Impact
Less Than
Significant
Impact
No
ImpactMitigation
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
a-c. The proposed project consists of the subdivision of approximately ten acres into 28 individual lots and a zone change from R-15,000 to R-10,000. Other projects have been approved within approximately one mile of the project site (Table 7). 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 Forestry Resources, Energy Resources, Land Use and Planning, Mineral Resources, Transportation, Tribal 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/Soils, and Noise. Many of the impacts generated by projects are site specific and generally do not influence the impacts on another site. All projects undergo environmental review and have required mitigation measures to reduce impacts when warranted. These
Tentative Tract Map No. 83553
Zone Change 21-03
Initial Study
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), noise and utilities and service systems. 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 7
Related Projects List
Case No.
TTM 66680
TTM 83554
Location
55th St W and Avenue K
Southeast Corner of 60 th St and 18 SFR Lots
Ave K-10
Description
219 SFR Lots
Status
Submitted
Submitted
Tract No. 61040 and Northwest Corner of 55 th St W 58 SFR Lots Under Tract No 61041 and Ave K-14 Construction
Tract No. 61989-01 South West corner of 67th St W 56 SFR Lots Approved and Ave L
TTM 61600
TTM 83232
Northwest Corner of 57 th St W & 33 SFR Lots
Ave L
Approved
60th St W & Ave K-12 86 SFR Lots Approved
SubmittedTTM 53642/CUP 22- Northeast Corner 60 th St W & 218 SFR Lots 08 Ave K-8
Avanti North Specific Avenue K, Avenue K-8, 70 th 753 SFR Lots Approved Plan Street West, 60th Street West
TTM 73507
SP15-01
Avanti South Specific 62nd Street West, 75 th Street 1,375 SFH Approved Plan West, Avenue K-8, Avenue L
57th Street West and Avenue K
325 Multi-family
unitsTTM74312
SP 15-02
DA 18-01
TTM 61678
CUP 20-05
TTM 61920
123 SFR Lots Approved
ApprovedNortheast Corner of future 55th 108 SFR Lots
Street West and Avenue K
TTM 71210
TTM 72739
SEC of Ave K and 55th St W
NWC of 65th St W & Ave K
169 SFR Lots
73 SFR Lots
Approved
Submitted
Tentative Tract Map No. 83553
Zone Change 21-03
Initial Study
List of Referenced Documents and Available Locations*:
AIR Air Quality Study – Tentative Tract Map (TTM) 83553 Housing Development –Avenue L and 52nd Street West, Lancaster, CA December 21, 2021, MS Hatch Consulting
Biological Resource Assessment of APNs 3204-006-036 and 037, Lancaster, California,
DSD
DSD
DSD
BRR
CRA:
ESA
September 17, 2021, Mark Hagan
A Phase I Cultural Resources Survey for 52 nd Street West and Avenue L, City of Lancaster, California, December 2021, Hudlow Cultural Resource Associates
Phase I Environmental Site Assessment Report for Tripod Investment LLC & Ariel 226 LLC Vacant Property 52nd Street W Between L and K-10,
August 2021, E.W. Milnes
Flood Insurance Rate Map
Lancaster General Plan Environmental Impact Report
Los Angeles County Public Works email regarding water,
November 2, 2021
DSD
DSD
DSD
FIRM:
GPEIR:
LACPW
DSD
LACSD
LGP:
LMC:
LMEA:
SSHZ:
USDA SCS:
Los Angeles County Sanitation District Letter, October 13, 2021 DSD Lancaster General Plan
Lancaster Municipal Code
DSD
DSD
DSD
DSD
Lancaster Master Environmental Assessment
State Seismic Hazard Zone Maps
United States Department of Agriculture
Soil Conservation Service Maps
United States Geological Survey Maps
DSD
DSDUSGS:
*DSD: Development Services Department
Community Development Division
Lancaster City Hall
44933 Fern Avenue
Lancaster, California 93534
WEST AVENUE K-14
16 5 4 3 27 11176 SFPAD:2432.9
11176 SFPAD:2431.9
12748 SFPAD: 2431.6
11176 SFPAD:2433.2
11176 SFPAD: 2432.6
11176 SF
11076 SFPAD:2433.5
PAD: 2432.3 PROJECTSITEVICINITY MAP141110560 SF
1298 1310560 SFPAD:2431.9
1010560 SFPAD:2432.9
10560 SFPAD:2433.2
10560 SFPAD: 2432.3
12043 SFPAD: 2431.6
10467 SFPAD:2433.5
PAD: 2432.6
19 161710560 SFPAD: 2435.4 PAD: 2435.0
20 18 1521 10560 SFPAD:2434.7
10560 SFPAD:2435.8
10560 SF
12043 SFPAD: 2434.3
10560 SFPAD:2436.2
10467 SFPAD:2436.5UTILITY PURVEYORS/PUBLIC SERVICESELECTRICITY:
WATER:
SOUTHERN CALIFORNIA EDISON COMPANIESLOS ANGELES COUNTY WATER WORKS DISTRICT # 40WASTE WATER: LOS ANGELES COUNTY SANITATION DISTRICT NO. 14 GAS:
LAND USE DATA2810750 SF
SOUTHERN CALIFORNIA GAS COMPANY 2610413 SF
272423 25
JURISDICTION: CITY OF LANCASTER, LOS ANGELES COUNTY22 10413 SFPAD:2436.2 10413 SF
10413 SF
10413 SF
10732 SFPAD:2436.5
EXISTING ZONING: R-15,000 (MIN. LOT SIZE 15,000 SQ. FT.) R-10,000 (MIN. LOT SIZE 10,000 SQ. FT.)
PAD:2435.8
PAD: 2435.4 PAD: 2435.0 PAD:2434.7
PAD: 2434.3
PROPOSED ZONING:EXISTING USE:
VACANTPROPOSED USE:
28 SINGLE-FAMILY RESIDENTIALDWELLING UNITS
PROPOSED DENSITY:
2.79 DU/AC (GROSS)
CITY OF LANCASTERSTREET "A" & "B" COUNTY OF LOS ANGELESTYPICAL SECTION - 60' RIGHT-OF-WAY 52ND STREET WEST
52ND STREET WESTTYPICAL SECTION - 60' RIGHT-OF-WAY
EXISTING STREET SECTION TYP. SECTION - NORTHERLY BOUNDARY
TYPICAL LMD SECTION - WEST AVENUE LAVENUE L
AVENUE LTYPICAL SECTION - 120' RIGHT-OF-WAY
EXISTING STREET SECTION Preliminary Earthworks Gross VolumesCut = 7,000 c.y. Fill = 30,000 c.y.Net = 23,000 c.y. (Import) APPROVED BY: 885 PATRIOT DRIVE, Unit CMOORPARK, CA 93021Phone 805-522-2622
CITY OF LANCASTER
THIS MAP WAS PREPARED BY ME OR UNDER MYDIRECTION AND IS TRUE AND CORRECT TO THEBEST OF MY KNOWLEDGE DRAWING SCALE:
1"=40' TENTATIVE TRACT NO. 83553
DRAWN: ISA
DESIGNED: ISA DATE ISSUED:
1 1OF SHEETS
JOB NUMBER:
CDD JOB No. __________ 09-30-2022
SHEET
IMAD ABOUJAWDAH
P.E. C51299
DATE email: [email protected]
STAFF REPORT
City of Lancaster
CC 10
5/23/2023
JC
Date:May 23, 2023
To: Mayor Parris and City Council Members
From: Jason Caudle, City Manager
Subject:Hydrogen Supply Agreement - Proxima
Recommendation:
1. Authorize the City Manager, or his designee, to negotiate and finalize the Hydrogen Supply Agreement, in substantial form presented to Council, between the City of Lancaster and Proxima H2, LLC, a Delaware limited liability company. The agreement will cover the supply of hydrogen from a production facility to be located in the City of Lancaster, California (the "Lancaster Plant"), which is anticipated to begin production in the second quarter of 2024.
2. Authorize the City Manager, or his designee, to execute all documents and make any adjustments that may be required. This includes (i) non-substantive changes that are approved by the City Attorney and necessary to finalize the transaction and/or (ii) changes needed to ensure compliance with all applicable laws, rules, regulations and/or policies.
Fiscal Impact:
The agreed price is $10 per kilogram of hydrogen, with a maximum committed volume of 280,000 kilograms per year, thus, the total fiscal impact is not expected to exceed $2.8 million per year. Funds will be budgeted in a future fiscal years as the product becomes available.
Background:
Heliogen has developed technology for producing hydrogen and plans to build a hydrogen production facility in the City of Lancaster, California, with completion anticipated in the second quarter of 2024. The facility, known as the "Lancaster Plant," will produce hydrogen as its primary product.
With Council approval of the Master Agreement, Proxima H2, LLC will begin the due diligence period for their project. Proxima H2 will be responsible for all costs related to the development, construction, and operation of the Lancaster Plant, as well as any necessary permits and 1 2
8 9
compliance with applicable laws and regulations.
Lancaster has made significant strides in becoming a leading hydrogen city, setting a precedent for sustainable and clean energy solutions. In 2019, we achieved the remarkable milestone of becoming a net-zero city, generating more clean energy than we consume. Hydrogen has played a pivotal role in this accomplishment, offering numerous benefits such as improved air quality, reduced greenhouse gas emissions, and the creation of high-skilled jobs. Building upon our success, Lancaster is committed to further embracing hydrogen and its potential applications in power generation, transportation, heating, and industrial sectors. We are actively fostering partnerships and attracting innovative companies to advance the production and utilization of hydrogen, working towards a greener and more sustainable future for our community and beyond.
AM; cv
Attachment:
Draft Hydrogen Supply Agreement
Sole Source Memo
CityHLGN Draft 5/1618/23
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HYDROGEN SUPPLY AGREEMENT
This HYDROGEN SUPPLY AGREEMENT (the “Agreement”) is entered into as of May [●], 2023 (the “Execution Date”) between City of Lancaster (the “Buyer”) and Proxima H2, LLC, a Delaware limited liability company (the “Seller”). Each of Seller and Buyer are sometimes referred to individually as a “Party” and collectively as the “Parties”.
WITNESSETH:
WHEREAS, Seller intends to own and operate a hydrogen production facility to be located in the City of Lancaster, California (the “Lancaster Plant”), at which it produces, or shall produce, hydrogen and which it anticipates will be completed in the secondfourth quarter of 2024 (as described in further detail in Exhibit A, the “Product”); and WHEREAS, Buyer wishes to purchase Product from Seller, and Seller wishes to sell Product to Buyer, pursuant to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the promises and mutual covenants and other good and sufficient consideration contained in this Agreement, the receipt and sufficiency of which are hereby acknowledged and incorporated herein, the Parties, intending to be legally bound, agree as follows:
ARTICLE 1
DEFINITIONS
1.1Definitions. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in this Section 1.1.
“Access Window” has the meaning ascribed to it in Section 4.1(c). “Additional Product” has the meaning ascribed to it in Section 2.1(c). “Affiliate” means, when used with respect to any Person, any other Person that (a) directly or indirectly controls or is controlled by the first Person, or (b) is directly or indirectly controlled by a Person that also directly or indirectly controls the first Person. A Person controls another Person if that first Person has the power to direct or cause the direction of the management of the other Person, whether directly or indirectly, through one or more intermediaries or otherwise, and whether by ownership of shares or other equity interests, the holding of voting rights or contractual rights, by being the general partner of a limited partnership, or otherwise. “Agreement” has the meaning ascribed to it in the Preamble. “Annual Price Index” has the meaning ascribed to it in Exhibit F. “Anti-Bribery Laws” means any laws, regulations or orders relating to anti-bribery or anti- corruption (governmental or commercial) that prohibit the corrupt or inappropriate payment, offer, 2 4895-3817-9680v2/022283-0548
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promise, or authorization of the payment or transfer of anything of value (including gifts or entertainment), directly or indirectly, to any government official or any other person to obtain an improper business advantage; including the U.S. Foreign Corrupt Practices Act of 1977, and any related or similar Applicable Laws issued, administered or enforced by any Governmental Authority with jurisdiction over Buyer and its Affiliates, and Seller and its Affiliates, in each case, as amended from time to time
“Applicable Laws” means (a) all applicable federal, state and local laws, treaties, ordinances, codes, rules and regulations, judgments, decrees, injunctions, writs and orders, in effect from time to time, of any court, Governmental Authority, (b) any agreement, concession or arrangement with any Governmental Authority and (c) any Permits governing the manufacture, supply, and delivery of Product.
“Approved Trailer” means any high pressure compressed Product transport trailer that complies with the technical specifications set out in the Plant Operating Rules. “Approved Trailer Delivery Period” has the meaning ascribed to it in Section 4.1(a). “Arbitration Rules” has the meaning ascribed to it in Section Error! Reference source not found..
“Average Daily Volume” means the Maximum Committed Volume divided by 365. “Bankruptcy Code” has the meaning ascribed to it in Section 10.15. “Bill of Lading” has the meaning ascribed to it in Section 4.1(d). “Books and Records” means any books, accounts, records, purchase orders, documentation or communications of the Parties or their Affiliates in respect of this Agreement and the performance thereof.
“Business Day” means any day except Saturday, Sunday, or a weekday where banks in the State of California are closed.
“Buyer” has the meaning ascribed to it in the Preamble. “Buyer-caused Curtailment Event” has the meaning ascribed to it in Section 2.4(b). “Buyer Hydrogen Assessment” means the assessment to be performed by Buyer or its consultants in respect of certain projects currently under consideration by Buyer. “Buyer Indemnitees” has the meaning ascribed to it in Section 7.3(a). “Certificate of Compliance” has the meaning ascribed to it in Section 4.1(d). “Claim Period” has the meaning ascribed to it in Section 3.4(a). “Confidential Information” means all information and data provided by one Party or its Affiliates, to the other Party, including, but not limited to: (a) all information and data regarding a 3 4895-3817-9680v2/022283-0548
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Party’s or its Affiliates’ business, operations, marketing plans, employees, properties, business goals and strategies, financial data, customers, pricing data, contractual terms and conditions with third-party vendors, suppliers, and customers, technical data, device designs or schematics, procedures, methods of operation, material specifications, material source data, drawings, equipment specifications, source code, source or configuration data, operating parameters or methodologies, design variable and constraint information, development techniques or plans, patents, know-how, trade secrets, formulae, programs, hardware, software, technical processes, and other technical or proprietary information, whether or not in writing; (b) the business objectives being considered by the Parties, including, without limitation, the fact that the Parties are considering pursuing the objectives; (c) this Agreement and any discussions or correspondence between the Parties relating to this Agreement or the transactions contemplated hereunder; and (d) any analyses, compilations, projections, studies, or related materials prepared by the Parties, or their respective Affiliates, including, but not limited to, any plan, proposal, or budget. “Confirmation” or “Confirmed” means the act through which Seller or its Affiliates confirm to Buyer the volume, if any, of Products that Buyer may offtake at the corresponding Delivery Point based on the corresponding Purchase Order submitted by Buyer in accordance with the Nomination Procedure.
“CPI” means Consumer Price Index for All Urban Consumers (all items), U.S. City Average, as published by the U.S. Department of Labor, Bureau of Labor Statistics. If the United States Government materially changes the manner of computing the CPI or ceases to publish the CPI at any time during the TSA Term, the Parties will negotiate in good faith to agree upon a substitute index or methods of computing the index for purposes of these TCPS and the TSA. “CPI Percentage Change” means the percentage change increase in the CPI, calculated by comparing the CPI for the month with the CPI for the same month in the preceding 12-month period.
“Curtailment Event” has the meaning ascribed to it in Section 2.3. “Curtailment Notice” has the meaning ascribed to it in Section 2.3. “Delivery Point” means the last permanent flange of the interconnection point between the loading arm at the Approved Trailer rack located at the Lancaster Plant and the Approved Trailers, where Product is to be delivered to Buyer from Seller in accordance with this Agreement, and identified in Exhibit B attached hereto and/or the relevant Confirmation. “Disclosing Party” has the meaning ascribed to it in Section Error! Reference source not found..
“Execution Date” has the meaning ascribed to it in the Preamble. “FM Notice” has the meaning ascribed to it in Section 6.3(a). “Force Majeure” means any act, event or condition, whether enumerated herein or otherwise, that causes the affected Party or its Affiliates to be unable to, prevented from or hindered in, performing its obligations under this Agreement. Subject to the foregoing, the term “Force 4 4895-3817-9680v2/022283-0548
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Majeure” includes, but is not limited to, (a) acts of God, landslides, hurricanes, floods, washouts, lightning, earthquakes, storms, storm warnings, perils of the sea, freezes, or failure of power supply; (b) acts, laws, orders, rules, judgments, judicial actions, regulations, and acts of arrest or restraint issued or enacted by Governmental Authorities or any instrumentality thereof having or asserting authority or jurisdiction over the transactions contemplated under this Agreement, Products or the Lancaster Plant, or any part thereof, or over the materials, power supply, equipment, supplies or personnel, or any part thereof, necessary to the subject matter of this Agreement; (c) acts of civil disorder, including acts of sabotage, acts of the public enemy, acts of war (declared or undeclared), terrorism, blockades, insurrections, riots, mass protests or demonstrations or vandalism, and police and/or military action in connection with or in reaction to any threat or act listed above; (d) strikes, lockouts or other labor disputes; provided, however, the settlement of labor disputes shall be entirely within the discretion of the affected Party or its Affiliates and shall not be required hereunder to settle labor disputes by acceding to the demands of the opposing party when such course is inadvisable in the discretion of the affected Party or its Affiliates; (e) the inability or failure of Seller or its Affiliates to obtain or acquire after the exercise of reasonable diligence (i) Permits necessary to construct, own, operate or maintain the Lancaster Plant and/or perform their obligations under this Agreement, or (ii) feedstock, equipment, materials or supplies necessary to construct, operate or maintain the Lancaster Plant, produce Product and/or perform their obligations under this Agreement; or (f) any force majeure under any contract for the engineering, design, procurement and construction of, or the supply of goods or services utilized in the installation and operation of, the Lancaster Plant. Notwithstanding anything to the contrary, the term “Force Majeure” expressly excludes (1) any changes, events, effects or developments (A) affecting the ability of a Party to pay or meet its payment or economic obligations under this Agreement, (B) in commodity prices or the general economic conditions in the United States or any other country or region in the world, or (C) in financial or securities markets or the economy in general, including any changes in currency exchange rates, interest rates, monetary policy, or inflation; (2) any decrease in the market price of any Party’s (or such Party’s parent’s) publicly traded equity securities; (3) the downgrade in the rating of any debt or debt securities of any Party (or such Party’s parent); (4) economic difficulty, including any lack of funds or finances or other economic hardship of a Party; (5) insufficient availability of Products to Buyer or its Affiliates; (6) absence of a market for Products or (7) claims directly or indirectly attributable to epidemics, pandemics or disease outbreaks (including COVID-19 virus), public health emergencies (as declared by the World Health Organization or by competent Governmental Authorities), or threats thereof.
“Governmental Authority” means any department, commission, board, regulatory authority, court or other judicial body, bureau, legislative body, agency, political subdivision or instrumentality of any federal, state, local or municipal or foreign government. “In-Service Date” means the date on which Seller or its Affiliates (a) have secured all necessary Permits for the Lancaster Plant, (b) have completed all relevant commissioning tests to operate the Lancaster Plant and (c) are able to load Products on to the Approved Trailers at the corresponding Delivery Point.
“Initial Effective Period” has the meaning ascribed to it in Section 6.1. “Invoice” has the meaning ascribed to it in Section 3.2. 5 4895-3817-9680v2/022283-0548
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“Lancaster Plant” has the meaning ascribed to it in the Recitals. “Loss” means any claims, demands, damages, losses, liabilities, fines, costs, and expenses including cost of experts, reasonable attorneys’ fees and disbursements. “Maximum Committed Volume” means 280,000 kg of hydrogen per year. “Monthly Committed Volume” means the Maximum Committed Volume divided by 12. “Nomination Procedure” means the nomination procedure for the Lancaster Plant set out in the Plant Operating Rules.
“Non-Conforming Product” has the meaning ascribed to it in Section 4.3(d). “Notified Party” has the meaning ascribed to it in Section 6.3(a). “Notifying Party” has the meaning ascribed to it in Section 6.3(a). “Operating Term” means the period of time commencing on the In-Service Date for the Lancaster Plant and ending on the Termination Date.
“Outside In-Service Date” means the Outside In-Service Date set out in Exhibit B. “Party” or “Parties” has the meaning ascribed to it in the Preamble. “Permits” means all permits, licenses, approved plans, contracts, filings, authorizations, approvals, easements or rights of way required by or entered into with any Governmental Authority (or required by or entered into with such other entity having control of subject land in the case of easements or rights of way) in connection with the ownership and operation of the Lancaster Plant, and the manufacture, handling, supply, sale, disposal and delivery of Product. “Person” means an individual, partnership, corporation, company, limited liability company, business trust, joint stock company, trust, unincorporated association, joint venture, Governmental Authority or other entity.
“Plant Operating Rules” means the terms and conditions in substantially the form attached hereto as Exhibit __ and prepared by Seller or its Affiliates to regulate the operation of activities of the Lancaster Plant in accordance with Prudent Industry Practices and Applicable Laws. Prior to making any changes to the Plant Operating Rules that may materially impact Buyer, Seller shall provide reasonable justification for such change to Buyer. “Product” has the meaning ascribed to it in the Recitals. “Product Specifications” means the properties, quality, characteristics and specifications of Products as set out in Exhibit A.
“Project Certification” means a certification from Buyer in its sole and absolute discretion that, as result of the Buyer Hydrogen Assessment or for any other reason whatsoever, Buyer is electing that Section 2.1(a) of this Agreement shall be operative. 6 4895-3817-9680v2/022283-0548
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“Prudent Industry Practices” means, at a particular time, any of the practices, methods, standards and procedures (including those engaged in or approved by a material portion of the storage terminal industry) that, at that time, would be expected to be observed by a skilled and experienced Person manufacturing, handling and/or marketing Product. “Purchase Order” means a written order issued by Buyer to Seller to purchase Products pursuant to Section 3.1.
“Purchase Price” means, for any given delivery ten dollars ($10) per kilogram of Product, the updated Annual Index Price. .
“Qualified Insurer” means [●].[●].
“Receiving Party” has the meaning ascribed to it in Section Error! Reference source not found..
“Renewal Term” has the meaning ascribed to it in Section 6.1. “Seller” has the meaning ascribed to it in the Preamble. “Seller Account” means the bank account of Seller or its Affiliates provided to Buyer from time to time to make payments under this Agreement.
“Seller Indemnitees” has the meaning ascribed to it in Section 7.4(a). “Specified Curtailment” has the meaning ascribed to it in Section 2.3. “Specified Curtailment Period” has the meaning ascribed to it in Section 2.3. “Target In-Service Date” means the estimated In-Service Date for the Lancaster Plant as set out in Exhibit B.
“Taxes” means all sales taxesimposed by any Governmental Authority or taxing authority (federal, state or local) on the sale of Product to Buyer, if any. “Term” means the period between the Execution Date and the Termination Date. “Termination Date” has the meaning ascribed to it in Section 6.1.
1.2General Interpretations.
(a) Unless the context otherwise requires, the capitalized terms used in this Agreement shall have the definitions set forth in Section 1.1. (b) The singular shall include the plural, and the masculine shall include the feminine and neuter, as the context requires.
(c) The terms “includes” or “including” means “including, but not limited to.” Commented [A1]: NTD: to come
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(d) The headings set forth in this Agreement are for convenience only and shall not be considered as part of this Agreement in any respect nor shall they in any way affect the substance of any provisions contained in this Agreement. The words “herein”, “hereof”, “hereunder” and words of similar import shall be construed to refer to the particular Article, Section or paragraph of which it is a part unless the context requires otherwise. (e) Any term not defined in Section 1.1 or elsewhere in this Agreement (including an amendment, or exhibit) that is used in this Agreement, shall have its plain meaning in common English usage provided that words and abbreviations having well-known meaning in the United States electric transmissionhydrogen production industry. (f) Reference to an agreement, contract or document shall include any subsequent amendments to such agreement, contract or document unless otherwise stated herein.
Reference to a Party includes that Party’s successors and permitted assigns. (g) Reference to a Governmental Authority shall include an entity succeeding to its functions.
(h) All documents required to be provided under this Agreement shall be in English.
(i) All monetary amounts contained in this Agreement refer to the currency of the United States.
(j) All references herein to time shall mean “Pacific Time”. “Pacific Time” means either Pacific Standard Time or Pacific Daylight Savings Time, as in effect, from time to time.
(k) The Parties acknowledge that they and their counsel have reviewed and revised this Agreement and that no presumption of contract interpretation or construction shall apply to the advantage or disadvantage of the drafter of this Agreement.
ARTICLE 2
PRODUCT SUPPLY AND PLANT OPERATIONS
2.1Supply and Purchase of Products.
(a) If the Project Certification is granted, during the Operating Term Buyer shall have the obligation to purchase, take and receive one hundred percent (100%) of the Product produced at the Lancaster Plant on a firm take-or-pay basis up to the Maximum Committed Volume regardless of the quantity of Product actually taken by Buyer, subject to the terms and conditions under this Agreement. Seller shall produce and make available to Buyer the Product at the Delivery Point up to the Maximum Committed Volume.
(b) If the Project Certification is denied, or if no final determination has been made on the Project Certification on or before the In-Service Date, during the Operating Term Buyer shall have the obligation to exclusively purchase any Product it needs from Seller up to the Maximum Committed Volume, subject to the terms and conditions under this Agreement. Seller 8 4895-3817-9680v2/022283-0548
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shall use commercially reasonable efforts to produce and make available to Buyer the Product at the Delivery Point up to the Maximum Committed Volume. subject to Seller’s Product inventory, availability, scheduling, any operational or manufacturing constraints and the other terms and conditions in this Agreement.
(c) In the event that Buyer has requirements for Product in excess of the Maximum Committed Volume (“Additional Product”), then Seller and Buyer shall meet to discuss in good faith the possible supply of such Additional Product by Seller, subject to Seller’s Product inventory, availability, scheduling, any operational or manufacturing constraints and the other terms and conditions in this Agreement. Any discussions pursuant to this Section (c) shall be on a non-exclusive basis, and the Buyer shall be free to contract for any additional quantities of Product from any source.
2.2Plant Operations.
(a) Seller shall deliver to Buyer written notice of the anticipated date on which the Lancaster Plant is expected to commence production and delivery of Product, the anticipated volumes available for purchase during the startup and commissioning and post-commissioning periods and the anticipated In-Service Date.
(b) Seller shall ensure that the In-Service Date is no later than the Outside In- Service Date. Should the In-Service Date be a date that is after the Outside In-Service Date, Buyer shall be entitled to a credit against future Purchase Order(s) in the amount of $___ per day for each day after the Outside In-Service Date that passes before the In-Service Date. (c) During the Operating Term, as between Seller and Buyer, Seller, its Affiliates or its or their designees shall use commercially reasonably efforts to (i) operate the Lancaster Plant and (ii) obtain and maintain all Permits required for the ownership, construction and operation of the Lancaster Plant, including the manufacturing, handling and loading of Product, in each case, in accordance with Applicable Law and Prudent Industry Practices.
2.3Plant Curtailments. Seller reserves the absolute and unconditional right, at any time and for any reason (including maintenance), to temporarily or permanently shut down or otherwise curtail production, or to change the production method or rate, at the Lancaster Plant (each a “Curtailment Event”). Seller shall endeavor to furnish Buyer with prior notice of each planned Curtailment Event, but Seller shall not be liable for failure to give such advance notice. A Curtailment Event that curtails more than the Average Daily Volume for more than ten (10) consecutive days or thirty (30) days in the aggregate during any 90-day period (on in the case of a Curtailment Event due to Force Majeure, for more than sixty (60) consecutive days or three (3) months in the aggregate during the Operating Term) (a “Specified Curtailment Period”) shall constitute a “Specified Curtailment”.
Any Curtailment Notice shall be deemed to contain Confidential Information. Seller agrees to provide Buyer with written notice of a Specified Curtailment as soon as practicable (“Curtailment Notice”).
2.4Curtailment Adjustments and Releases.
(a) If Section 2.1(a) applies, and Seller, for any Curtailment Event other than due to the fault of Buyer or Buyer’s breach hereunder, is unable to make available to Buyer all or part of the Monthly Committed Volume by the end of the relevant month, then Seller shall credit 9 4895-3817-9680v2/022283-0548
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for Buyer’s account during the following quarter an amount equal to the Monthly Committed Volume minus the volume of Products actually delivered during the relevant month, and shall accordingly reduce the amount payable by Buyer under the Invoices. Seller shall reimburse Buyer any balances outstanding upon termination of this Agreement, subject to any applicable deductions or offsets.
(b) If Section 2.1(b) applies, and Seller, for any Curtailment Event other than due to the fault of Buyer or Buyer’s breach hereunder (a “Buyer-caused Curtailment Event”), is unable to make available to Buyer all or part of the Maximum Committed Volume, and Buyer is ready, willing and able to purchase such Product in accordance with the terms of this Agreement, then Buyer shall have the right, at its sole discretion, to obtain, and Seller shall promptly grant upon receipt of a written notice thereof from Buyer, a temporary release from the exclusivity obligation under Section 2.1(b) for such quantity of the Maximum Committed Volume which Seller is unable to deliver thereunder, during the period of time that Seller is so unable to deliver Product. During such period of time, Buyer shall have the right to purchase such volume of Product temporarily released from alternative facilities or sellers, at Buyer’s sole cost and expense.
Upon the resumption of Seller’s ability to provide the curtailed Product volumes hereunder, such temporary release shall end, and Buyer shall resume purchasing all its Products from Seller hereunder as soon as reasonably possible.
(c) If a Specified Curtailment occurs for any reason other than due to the fault of Buyer or Buyer’s breach hereunder, Buyer shall have the right at its sole and absolute discretion to terminate this Agreement by written notice to Seller, without penalty or liability of any kind, excepting only liability arising prior to the date of such written notice.
2.5Replacement Hydrogen for Curtailments. In the event of a Curtailment Event that (i) is not a Buyer-caused Curtailment Event, (ii) is not due to Force Majeure, and (iii) exceeds more than fifty percent (50%) of Average Daily Volume for a period of more than five (5) days, Seller will use commercially reasonable efforts to procure hydrogen from an alternate supplier to satisfy Buyer demand up to Average Daily Volume (the “Replacement Hydrogen”). Assuming the conditions in the immediately preceding sentence are met, for a period of up to forty-five (45) days, Seller will compensate Buyer for half the additional cost, if any, of the Curtailment Hydrogen up to a price of $15/kg.
ARTICLE 3
PRICES, TERMS OF PAYMENT, AND TAXES
3.1Purchase Orders.
(a) Buyer shall issue Purchase Orders to Seller in the form attached hereto as Exhibit C. Each Purchase Order shall be deemed to incorporate the terms of this Agreement.
3.2Payment Terms.
(a) Seller shall issue an invoice (each, an “Invoice”) to Buyer on or about the fifth (5th) Business Day of each calendar month during the Operating Term based on the following:
Commented [A2]: A termination right because of a curtailment would render this contract commercially infeasible.
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(i) If Section 2.1(a) applies, the Invoice shall be for an amount equal to the Maximum Committed Volume divided by 12 and then multiplied by the Purchase Price; or
(ii) If Section 2.1(b) applies, the Invoice shall be for an amount equal to the Product volumes delivered to the Approved Trailers provided by Buyer or its designee during the preceding calendar month multiplied by the Purchase Price. (b) Buyer shall make payment of all amounts set out in an Invoice within [sixty (60)] Business Dayscalendar days of its receipt of such Invoice. Payment shall be rendered to Seller via Electronic Funds Transfer (EFT) to the Seller Account set out in each Invoice. All payments shall include reference to the corresponding Invoice number(s) and shall be made without deduction or set off of any amounts. Buyer’s obligations to pay any outstanding Invoice shall survive the termination of this Agreement. Seller’s acceptance of payment after the Termination Date shall not be deemed a renewal or extension of this Agreement.
3.3Fees. Seller shall supply Product to Buyer from the Lancaster Plant at the Purchase Price. The Purchase Price shall be equal to the lesser of the Annual Index Price then in effect in accordance with Exhibit F or $10 per kilogram.
3.4Invoice Disputes.
(a) After paying an Invoice in full, Buyer shall have the right to dispute partially or totally such Invoice, for up to a period of ninety (90) days (“Claim Period”) after delivery by Seller of such Invoice, in the event that Buyer has reasonable belief that such Invoice issued by Seller is erroneous. In such case, Buyer shall provide written notice to Seller which shall include a detailed description of the disputed amount or item, and all supporting information/documentation thereunder. Product quantities stated on Seller’s Invoice shall govern unless proven to be incorrect. If Buyer does not dispute an Invoice within the Claim Period, Buyer’s right to dispute any charges or information thereunder shall be deemed as forfeited. Seller shall review Buyer’s notice and attempt to resolve Buyer’s claim within thirty (30) days of receipt of notice; otherwise, the Parties shall proceed as set forth in Section 10.3. (b) In the event that any amount due hereunder is not paid when due, then in addition to any other remedies, interest shall accrue on the delinquent amount, whether such amount is disputed or undisputed, at a rate of eighteen percent (18%) per annum or the annual maximum rate permitted by Applicable Law. Interest shall begin to accrue from the date following the payment due date, until such due and unpaid sums are paid in full with interest. Additionally, in the event that any payment hereunder becomes delinquent, Buyer agrees to pay any and all costs associated with the collection of such amounts by Seller, including, but not limited to, reasonable attorney’s fees.
3.5Taxes. Buyer shall reimburse Seller for any Taxes, assessments, license fees or other charges, or increases thereof, which Seller may be required to pay, if any pertaining to the sale, delivery or use of Product sold pursuant to this Agreement.
3.6Audit. Subject to Section 3.4(a), each Party or its designated representatives shall have the right, at its own expense, at all reasonable times and during normal business hours, to examine 11 4895-3817-9680v2/022283-0548
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through an independent third party, the relevant Books and Records of the other Party, related to deliveries, quality and quantity, independent expert reports, Bills of Lading, Certificates of Compliance and Approved Trailer receipts to the extent necessary to verify the accuracy of any Invoice, charge, computation, obligations or demand made under or pursuant to this Agreement, provided that the exercise of such right is in compliance with privilege, antitrust, and other applicable confidentiality restrictions. Each Party agrees to keep Books and Records in accordance with generally accepted accounting principles and practices in the industry.
ARTICLE 4
DELIVERY, QUALITY/QUANTITY CONTROL AND TITLE AND RISK OF LOSS
4.1Delivery.
(a) Subject to Seller’s Product inventory, availability, scheduling and any operational or manufacturing constraints, in response to each Purchase Order, Seller shall use commercially reasonable efforts to issue to Buyer a Confirmation and schedule the windows (the “Approved Trailer Delivery Period”) for Buyer or its designee to deliver the Approved Trailer(s) at the Lancaster Plant.
(b) If Confirmed in a Confirmation, subject to compliance with Article 5 and the terms set forth in such Confirmation, Buyer shall have the right to deliver the Approved Trailers designated pursuant to Section 4.1(a) to the Lancaster Plant as specified in the applicable Confirmation during the applicable Approved Trailer Delivery Period. (c) Once Seller deems an Approved Trailer as loaded, Seller shall provide to Buyer the date and time window for Buyer or its designee to access the Lancaster Plant and, subject to Article 5, pick up the Approved Trailer(s) and, if applicable and an Approved Trailer Delivery Period is then existing, drop off empty Approved Trailer(s) (the “Access Window”). (d) Seller shall deliver to Buyer or its designee, together with custody of the full Approved Trailer(s), a bill of lading detailing the volume (each, a “Bill of Lading”) and a certificate of compliance certifying that the Product meets the Product Specifications (each, a “Certificate of Compliance”) of Product loaded on to each Approved Trailer. During the Operating Term, Seller shall keep a digital log of the Bills of Lading and the Certificates of Compliance.
(e) In addition to the requirements set forth in Article 5, Buyer shall, and shall cause any third-party subcontractor to, review and abide by any applicable Plant Operating Rules during the delivery and pickup of Approved Trailers.
(f) Buyer agree and acknowledges that the Lancaster Plant has limited Product storage capacity and failure to receive the Products or pick up the Approved Trailer(s) could disrupt the production process and cause the shutdown of the Lancaster Plant. If Buyer fails to receive, or cause to be received, any Product as provided under the relevant Confirmation, then Seller shall have the right to dispose of such Confirmed Product in its sole discretion, and Buyer shall be deemed to have forfeited its right such Confirmed Product; provided, however, that Buyer shall still have the obligation to pay for such Confirmed Product. 12 4895-3817-9680v2/022283-0548
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4.2Title; Risk of Loss. Title and risk of loss to all Products shall pass from Seller to Buyer upon delivery of Product at the Delivery Point. Subject to the provisions of Article 7, as between the Parties, Seller shall be responsible for any Losses caused by Product until it has been delivered to Buyer or its designee at the corresponding Delivery Point, and Buyer shall be responsible for any Losses caused by Product after it has been delivered to Buyer or its designee at the corresponding Delivery Point.
4.3Limited Product Warranty.
(a) Seller makes the following, and only the following, limited representations and warranties to Buyer regarding Product: Product delivered to Buyer at the Delivery Point shall (1) meet the Product Specifications in all material respects, and (2) be in compliance with all Applicable Laws; provided, however, that nothing in this Agreement shall require Seller to take any action that would constitute a violation of any such Applicable Laws. (b) NOTWITHSTANDING ANY OTHER PROVISION OF THIS
AGREEMENT, ANY OTHER AGREEMENT OR OTHER COMMUNICATION BETWEEN
THE PARTIES, THE FOREGOING PRODUCT WARRANTIES ARE EXCLUSIVE AND IN
LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES AND GUARANTEES,
EXPRESS OR IMPLIED, WITH RESPECT TO THE DESCRIPTION OR SATISFACTORY
QUALITY OF PRODUCT, FITNESS OR SUITABILITY OF PRODUCT FOR ANY
PARTICULAR PURPOSE OR OTHERWISE, WHETHER WRITTEN OR ORAL, EXPRESSED
OR IMPLIED IN FACT OR IN LAW, AND WHETHER BASED ON STATUTE, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. THE WARRANTY OF MERCHANTABILITY
AND WARRANTY OF FITNESS FOR PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED AND, EXCEPT AS PROVIDED IN SECTION 1)a)i)(1), BUYER AGREES TO ACCEPT ALL PRODUCT DELIVERED HEREUNDER ON AN “AS IS” BASIS WITHOUT ANY WARRANTY OF ANY KIND.
(c) BUYER’S EXCLUSIVE REMEDY FOR A BREACH OF ANY OF THE
PRODUCT WARRANTIES BY SELLER SHALL BE LIMITED TO PROMPT
REPLACEMENT IN KIND BY SELLER OF ALL PRODUCT SHOWN TO BE OTHERWISE THAN AS WARRANTED, SUBJECT TO SECTION 4.3(d), AND SELLER IS NOT LIABLE OTHERWISE FOR ANY OTHER LOSSES OR DAMAGES.
(d) If Seller delivers Product to Buyer which does not conform to the Product Specifications in all material respects (the “Non-Conforming Product”), subject to the terms and conditions in this Agreement, Buyer shall be entitled to reject such Non-Conforming Product and return the same to Seller. Buyer may only exercise its right to return a Non-Confirming Product if it provides notice of its intent to do so to Seller within five (5) Business Days of Buyer’s receipt of such Non-Conforming Product. Such notice must contain specific reference to the relevant Certificate of Compliance as well as other sampling and testing upon which Buyer bases its claim that Product does not conform to the applicable Product Specifications. Seller is not obligated to accept the return of any Product unless such notice is timely provided by Buyer. If Buyer fails to timely provide said notice, Buyer shall be deemed to have accepted the Non-Conforming Product and Seller shall have no other obligation in connection with such Product. Should further sampling and testing definitively establish that such Product does conform to the applicable Product 13 4895-3817-9680v2/022283-0548
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Specifications, then all direct costs and damages incurred by Seller that are associated with Buyer’s allegations of Non-Conforming Product shall be payable by Buyer to Seller within five (5) Business Days of presentation of an invoice to Buyer, notwithstanding any provision of this Agreement or any other agreement to the contrary. Buyer shall make reasonable efforts to accept such Non-Conforming Product and the Parties shall attempt in good faith to negotiate a commercially reasonable adjustment to the Purchase Price to account for any Product definitively determined to constitute Non-Conforming Product; provided, however, THAT IF THE PARTIES
ARE UNABLE TO REACH AN AGREEMENT WHEREBY BUYER SHALL ACCEPT THE
NON-CONFORMING PRODUCT, BUYER MAY, REJECT SUCH NON-CONFORMING PRODUCT, RETURN THE SAME TO SELLER AND RECEIVE REPLACEMENT PRODUCT.
4.4Quantity.
(a) Product delivered to the Delivery Point shall be measured by Seller or its Affiliates in accordance with this Section 4.4 and in accordance with Prudent Industry Practices and Applicable Law.
(b) Seller shall, at its own cost and expense, be responsible for the installation, maintenance, testing and calibration of Product meters or other measurement instruments at the Delivery Point. Buyer shall, at its own cost and expense, be responsible for the installation, maintenance, testing and calibration of Product meters or other measurement instruments at the Approved Trailer(s), if any. The meters, check meters, instruments, and equipment installed by each Party shall be subject at all reasonable times to inspection or examination by the other Party, but the calibration and adjustment thereof shall be done only by the installing Party. (c) All meters shall be calibrated and or proven on a mutually agreed schedule, ensuring that the meter calibration or proving frequency is in compliance with Applicable Law and Prudent Industry Practices. Notification of scheduled calibrations at the Delivery Point and Approved Trailers shall be delivered to each Party and reasonable effort shall be made to accommodate each Party’s schedule; provided, however, that calibration shall proceed at the scheduled time regardless of attendees. Records from all measuring equipment located at the Delivery Point are the property of Seller who shall keep all such records on file for a period of not less than two (2) years. Upon request, Seller shall make available to Buyer copies volume records from the measuring equipment to the extent measuring volumes delivered to the Approved Trailers, together with calculations therefrom, for inspection and verification. (d) Notwithstanding anything in this Agreement to the contrary, Buyer must claim any shortage in quantity of Product delivered by Seller by a written notice to Seller delivered within forty-eight (48) hours of Buyer’s receipt of an Approved Trailer, with specific reference to the relevant Bill of Lading as well as other authorized sampling and testing upon which Buyer bases its claim or such claim shall be deemed waived. Seller endeavors to promptly investigate any such claim and provide a prompt response to Buyer as to whether Seller agrees or disagrees with such claim.
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ARTICLE 5
APPROVED TRAILER DROP-OFF PROCEDURES AND REQUIREMENTS
5.1Approved Trailers.
(a) Notwithstanding the provisions of this Agreement, or any Applicable Law governing the ownership and operation of Approved Trailers, the Approved Trailers shall comply with the specifications and requirements described in Exhibit E or in the Plant Operating Rules. (b) Seller shall have the right to (x) deny any Approved Trailer access to the Lancaster Plant; (y) remove any Approved Trailer once it has entered the Lancaster Plant or related facilities; and/or (z) stop the loading of Product into any Approved Trailer, each without incurring any liability, if Seller determines in its reasonable discretion that:
(i) Buyer, an Approved Trailer or an Approved Trailer driver is not in compliance with the requirements of this Agreement;
(ii) an Approved Trailer or its driver is in violation of any applicable Plant Operating Rules;
(iii) an Approved Trailer driver’s capacity to operate an Approved Trailer is limited or diminished due to the influence of alcohol or legal or illegal drugs, fatigue, or any other condition;
(iv) an Approved Trailer driver carries a firearm; or
(v) an Approved Trailer driver violates any safety or other rules required to access the Lancaster Plant or related facilities, as such rules are amended from time to time.
(c) Seller will notify Buyer within five (5) days following the occurrence of any event described in Section 5.1(b) in order for Buyer to resolve the situation. If any event described in Section 5.1(b) occurs following Seller’s initial notification to Buyer (regardless of whether the event is the same as the first occurrence), Seller will be excused from any obligations hereunder until such time as Buyer resolves the situation, and/or may terminate this Agreement, without need for a judicial declaration or resolution of any dispute and without any liability for such suspension or termination. Termination under this Section 5.1(c) shall terminate any take- or-pay obligations as may exist pursuant to Section 2.1 hereof. Termination under this Section
5.1(c) shall not relieve Buyer of any obligations to Seller which are outstanding as of the Termination Date.
(d) In the event an Approved Trailer or an Approved Trailer driver causes Loss or other damages to the Lancaster Plant or any related facilities, without limitation of Seller’s other rights and remedies, Seller will be excused from any obligations hereunder until such time as Buyer remedies the Losses and damages to Seller’s satisfaction, and/or Seller may terminate this Agreement, without need for a judicial declaration or resolution of any dispute and without any liability for such suspension or termination. Termination under this Section 5.1(d) shall not relieve 15 4895-3817-9680v2/022283-0548
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Buyer of any obligations to Seller which are outstanding as of the Termination Date, including payment of any Losses and damages suffered by the Lancaster Plant or related facilities.
5.2Product Losses. Any partial or total loss of Product, accidental or otherwise, due to atmospheric causes, temperature changes, spills and/or any other cause occurring downstream of the Delivery Point shall be borne by Buyer.
5.3Safety.
(a) Buyer will, and will cause each driver of any Approved Trailer to take all measures required to guarantee the protection and safety of all persons and property while operating any Approved Trailer. Buyer shall, and shall cause each driver of any Approved Trailer to, comply with all Applicable Laws, as well as all safety measures in effect at the Lancaster Plant and related facilities, in order to avoid accidents and injuries to any person or property. (b) Each year during the Operating Term, or whenever otherwise reasonably requested by Seller, Buyer shall submit to Seller:
(i) documentation of training of Buyer’s personnel and subcontractors, including the Approved Trailer drivers, in the operation of the Approved Trailers; (ii) evidence of compliance with and certification of the standards set out in Exhibit E;
(iii) documentation of emergency and safety drills, including the frequency of such drills;
(iv) certification of calibration and maintenance of each Approved Trailer’s valves; and
(c) Buyer shall comply with all required safety standards, as they may be amended from time to time, while within the Lancaster Plant or related facilities. (d) In the event Buyer breaches any of the obligations set forth in this Section 5.3, Seller will be excused from any obligations hereunder until such time as Buyer cures such breach, and/or Seller may terminate this Agreement, without need for a judicial declaration or resolution of dispute, and without any liability for such suspension or termination. Termination under this Section 5.3(d) shall not relieve Buyer of any obligations to Seller which are outstanding as of the Termination Date.
5.4Environmental Protection
(a) Buyer will be responsible for any contamination, damage or harm caused to the environment at any time resulting from the operation of the Approved Trailers, or the 16 4895-3817-9680v2/022283-0548
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transportation, storage and handling of Product, regardless of whether such contamination, damage or harm is caused before or after title to Product has transferred from Seller to Buyer. (b) In the event Buyer breaches any of the obligations set forth in this Section 5.4, Seller will be excused from any obligations hereunder until such time as Buyer cures such breach, and/or Seller may terminate this Agreement, without need for a judicial declaration or resolution of any dispute, and without any liability for such suspension or termination.
Termination under this Section 5.4(b) shall not relieve Buyer of any obligations to Seller which are outstanding as of the Termination Date.
ARTICLE 6
TERM AND TERMINATION
6.1Term. This Agreement shall be effective as of the Execution Date and, unless earlier terminated or extended in accordance with the provisions hereof, shall have an initial duration of seven (7) years from the In-Service Date (the “Initial Effective Period”). At the end of the Initial Effective Period and each subsequent Renewal Term (as hereinafter defined), the Term shall be automatically renewed and extended for an additional one (1) year period (each, a “Renewal Term”), unless either Party delivers a written termination notice to the other Party at least ninety (90) days prior to the end of the Initial Effective Period or the then current Renewal Term, as the case may be, to be effective at the end of the Initial Effective Period or the then-existing Renewal Term, as applicable. Any termination, either through expiration or earlier termination, shall not impact any remaining obligations under this Agreement if such requirements extend beyond such expiration or termination. The last day of the Term, as extended herein, shall be referred to as the “Termination Date”.
6.2Suspension and Termination.
(a) Seller shall have the right to suspend and deny the sale of Product to Buyer if Buyer fails to timely pay any Invoices, provided that such nonpayment is not fully cured within ten (10) Business Days after delivery of notice to Buyer. (b) Seller shall have the right to (i) terminate this Agreement with written notice to Buyer, effective immediately, if Buyer fails to pay any Invoice for more than thirty (30) days after such Invoice comes due (except to the extent any such amount is subject to a good faith dispute in accordance with the terms of this Agreement), individually or in the aggregate, and (ii) declare all or any portion of Buyer’s obligations under this Agreement to be forthwith due and payable, all without presentment, demand, protest or further notice of any kind, all of which are expressly waived by Buyer, provided that such nonpayment is not fully cured within ten (10) Business Days after delivery of notice to Buyer.
(c) In addition to the other express termination rights specified in this Agreement, either Party may terminate this Agreement with written notice to the other Party, effective immediately, if:
(i) the other Party breaches any of its material duties or obligations hereunder; provided that such breach is not cured within thirty (30) days following receipt of written notice by the other Party specifying the breach; 17 4895-3817-9680v2/022283-0548
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(ii) the other Party breaches any representation or warranty made or repeated or deemed to have been made or repeated by it in any material respect when made or repeated or deemed to have been made or repeated under this Agreement, or any warranty or representation proves to have been incorrect or misleading in any material respect when made or repeated or deemed to have been made or repeated under this Agreement; provided that such breach is not cured within thirty (30) days following receipt of written notice by the other Party specifying the breach; (iii) the other Party is dissolved or liquidated, files or has filed against it a petition under any bankruptcy or insolvency law, makes an assignment for the benefit of its creditors, has a receiver appointed for all or substantially all of its property, or has a petition under any bankruptcy or insolvency law filed against it which is not dismissed within thirty (30) days;
(iv) if a Party or any Affiliate of a Party dealing directly with this Agreement (A) is found to have violated any material Anti-Bribery Laws by any Governmental Authority with competent jurisdiction; provided that any such claim is not resolved, stayed, enjoined or discharged within thirty (30) days; or (v) a Force Majeure event as set forth in Section 6.3 has occurred, has continued for more than ninety (90) consecutive days or one hundred and eighty (180) cumulative days and is continuing at the time of termination, in which case this Agreement may be terminated in whole or in part by either Party.
(d) The termination rights set forth in this Section 6.2 shall be in addition to, and not in limitation or exclusion of, any other remedy a non-defaulting Party may have at law or in equity due to the other Party's breach of its obligations hereunder. No delay or failure on the part of the non-defaulting Party to exercise any right or remedy shall constitute an abandonment of such right or remedy, and the non-defaulting Party shall be entitled to exercise such right or remedy at any time after the relevant breach or default has occurred and is continuing. (e) The defaulting Party shall indemnify and hold harmless the non-defaulting Party for any reasonable Losses incurred by the non-defaulting Party as a result of any breach or default hereunder.
(f) Any terms and conditions of this Agreement that by their nature should survive termination, cancellation or expiration of this Agreement, shall survive termination, cancellation or expiration of this Agreement.
6.3Force Majeure.
(a) If a Force Majeure event renders either Party unable, in whole or in part, to carry out its obligations under this Agreement, except for the obligation to make payments when due and satisfy any indemnification obligations hereunder, such affected Party (the “Notifying Party”) must give the other Party (the “Notified Party”) notice by electronic mail or telephone as soon as practicable after obtaining actual knowledge of events or circumstances that could be reasonably expected give rise to a Force Majeure (an “FM Notice”). The FM Notice shall contain (i) a full description of the event or circumstances giving rise to the Force Majeure, (ii) the nature, 18 4895-3817-9680v2/022283-0548
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anticipated effect and expected duration of such Force Majeure based on information reasonably available to the Notifying Party at such time, (iii) reasonable alternative measures that the Notifying Party has taken and/or proposes to take in order to mitigate and/or avoid the effect of such Force Majeure on the Notifying Party’s ability to fulfil its obligations under this Agreement and (iv) any losses and damages to the Lancaster Plant or Approved Trailers caused by such event of Force Majeure, when applicable
(b) Notwithstanding anything to the contrary under this Agreement or Applicable Law, Seller shall not be obligated to deliver Product to be supplied hereunder from any place other than the Lancaster Plant. Seller shall not be obligated to rebuild or repair any damage or destruction to the Lancaster Plant in order to fulfill this Agreement. Seller shall not be required, in order to perform this Agreement, including to purchase Product from others or buy Product in the open market, or anything used in Seller’s production of Product, when delivery of such item has been allocated, stopped, defaulted, or refused by Seller’s suppliers, and Seller shall not be required to use any substitutes for the foregoing. The provisions of this Section 6.3 shall be effective even though the circumstances or contingencies invoked by Seller or Buyer shall have been operative on the Execution Date.
(c) Upon delivery of a FM Notice by the Notifying Party, (i) the obligations of the Notifying Party, except for the obligation to make payments when due and satisfy any indemnification obligations hereunder, shall be suspended and/or extended (as applicable), and the Notifying Party shall not be considered to be in default or breach in the performance of any of its obligations under this Agreement, to the extent and for the period that the Notifying Party is affected by such event of Force Majeure, and (ii) the obligations of the Notifying Party shall be extended on a day-by-day basis for the duration of the Force Majeure. The Notifying Party shall act in accordance with Prudent Industry Practice in working to cure, mitigate or remedy the effects of the Force Majeure event.
ARTICLE 7
LIABILITY AND INSURANCE
7.1Consequential Damages. EXCEPT FOR ANY LOSSES (I) CLAIMED BY THIRD PARTIES (II) ARISING FROM ANY CURTAILMENT EVENT; OR (III) RELATED TO THE
BREACH OF ANY CONFIDENTIALITY COVENANTS HEREUNDER, AND
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NEITHER
PARTY HERETO NOR ANY AFFILIATES THEREOF SHALL BE LIABLE FOR INDIRECT,
SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR,
LOSS OF PROFITS OR REVENUE, LOSS OF USE, COST OF CAPITAL, DOWN TIME COSTS,
LOSS OF OPPORTUNITY, LOSS OF GOODWILL, AND/OR CLAIMS OF CUSTOMERS OF THE OTHER PARTY FOR SUCH DAMAGES AND HEREBY WAIVE ANY RIGHT TO THE SAME;
AND BUYER AND SELLER HEREBY RELEASE EACH OTHER AND ALL AFFILIATES FROM LIABILITY TO THE OTHER FOR SUCH DAMAGE.
7.2Limitation of Liability. EXCEPTING ONLY SELLER’S INDEMNITY OBLIGATIONS SET FORTH HEREIN, SELLER’S LIABILITY TO BUYER UNDER THIS
AGREEMENT SHALL BE FOR DAMAGES WHICH SHALL IN NO EVENT EXCEED AN 19 4895-3817-9680v2/022283-0548
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AMOUNT EQUAL TO TWO HUNDRED FIFTY THOUSAND ($250,000) PER CLAIM OR EVENT OR FIVE MILLION ($5,000,000) IN THE AGGREGATE DURING THE TERM.
7.3Seller Indemnity.
(a) Seller shall defend, indemnify, and hold harmless Buyer, its Affiliates, directors, agents, employees, partners, and officers of any thereof (the “Buyer Indemnitees”) from and against all Losses, and any court, arbitrator or Governmental Authority imposed fines or penalties, arising out of or resulting from (i) Seller’s breach of this Agreement, (iii) any challenge to the approval of this Agreement; and/or (ii) Seller’s or any of its subcontractors, Affiliates, consultants’, agents’ or employees’ performance under this Agreement that are incurred by any Buyer Indemnitee, or asserted by any third party against any Buyer Indemnitee, for personal injury or death.
(b) A Buyer Indemnitee must provide Seller reasonable notice of any matter with respect to which Buyer Indemnitee believes Seller must indemnify it under this Agreement, and provide Seller with an opportunity, at Seller’s election, to assume and direct the defense of such matter with counsel reasonably satisfactory to Buyer Indemnitee. The failure by any Buyer Indemnitee to give such notice to Seller within a reasonable period of time after it becomes aware of the claim which gives rise to the indemnity obligation shall not relieve Seller of its obligations under this Section 7.3 except to the extent that it has been prejudiced by the lack of timely and adequate notice.
7.4Buyer Indemnity.
(a) Buyer shall defend, indemnify, and hold harmless Seller and its Affiliates, subcontractors, and their directors, agents, employees, partners, and officers (“Seller Indemnitees”) from and against all Losses, and any court, arbitrator or Governmental Authority imposed fines or penalties, arising out of or resulting from (i) Buyer’s breach of this Agreement and/or (ii) Buyer’s or any of its subcontractors, Affiliates, consultants’, agents’ or employees’ performance under this Agreement that are incurred by any Seller Indemnitee, or asserted by any third party against any Seller Indemnitee, for personal injury or death. (b) A Seller Indemnitee must provide Buyer reasonable notice of any matter with respect to which Seller Indemnitee believes Buyer must indemnify it under this Agreement, and provide Buyer with an opportunity, at Buyer’s election, to assume and direct the defense of such matter with counsel reasonably satisfactory to Seller Indemnitee. The failure by any Seller Indemnitee to give such notice to Buyer within a reasonable period of time after it becomes aware of the claim which gives rise to the indemnity obligation shall not relieve Buyer of its obligations under this Section 7.4 except to the extent that it has been prejudiced by the lack of timely and adequate notice.
7.5Insurance.
(a) The Parties shall obtain and maintain, and cause any relevant subcontractors to obtain and maintain, the insurance policies and requirements set forth in Exhibit D from a Qualified Insurer. To access the Lancaster Plant, Buyer or its subcontractors must provide to Seller 20 4895-3817-9680v2/022283-0548
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or its Affiliates evidence of the certificates of insurance issued by a Qualified Insurer in compliance with the requirements set forth in Exhibit D or in the Plant Operating Rules. (b) The Parties further covenant and agree that: (i) the failure of a Party to demand such certificate of insurance or failure of a Party to identify a deficiency therein shall not be construed as a waiver of the other Party’s obligation to maintain the insurance required under this Agreement, (ii) the insurance required to be maintained by a Party under this Agreement does not represent that the coverage and limits set forth hereunder shall necessarily be adequate to protect the other Party, nor be deemed as a limitation of the other Party’s liability under this Agreement, (iii) a Party may meet the required insurance coverages and limits with any combination of primary and umbrella/excess liability insurance and (iv) each Party is solely responsible for any deductible or self-insured retention with respect to the liability insurance coverages required to be maintained by it hereunder
ARTICLE 8
GENERAL REPRESENTATIONS, WARRANTIES AND COVENANTS
8.1Representations and Warranties. Each Party represents and warrants to the other Party that:
(a) It is duly formed, validly existing and in good standing under the laws of its state of jurisdiction or formation, with power and authority to carry on the business in which it is engaged and to perform its respective obligations under this Agreement; (b) The execution and delivery of this Agreement by it have been duly authorized and approved by all relevant actions under its governing documents; (c) It has all the requisite power and authority to enter into this Agreement and perform its obligations hereunder;
(d) The execution and delivery of this Agreement does not, and consummation of the transactions contemplated herein shall not, violate any of the provisions of organizational documents, any agreements pursuant to which it or its property is bound or, to its knowledge, any Applicable Laws;
(e) This Agreement is valid, binding and enforceable against it in accordance with its terms subject to bankruptcy, moratorium, insolvency and other Applicable Laws generally affecting creditors’ rights and general principles of equity (whether applied in a proceeding in a court of law or equity); and
(f) It has knowledge of, and has complied in all material respects with, the Anti- Bribery Laws.
8.2Changes in Circumstances. Each Party agrees that it shall promptly advise the other Party of any fact, event, or occurrence taking place subsequent to the Execution Date that would cause it to be unable to continue to make such representations and warranties provided above at any time subsequent to such dates.
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8.3Other Covenants.
(a) Each Party agrees to (i) maintain adequate internal controls and procedures to ensure compliance with Anti-Bribery Laws, including the ability to demonstrate compliance through adequate and accurate recording of transactions in its Books and Records and (ii) notify as soon as practicable the other Party after it receives or becomes aware of any claim arising from, or related to, a violation of any Anti-Bribery Laws.
(b) Subject to the terms and conditions set forth in this Agreement, each of the Parties agrees to use all reasonable efforts to take, or cause to be taken, all actions, and to do, or to cause to be done, all things necessary, proper or advisable under Applicable Laws to consummate and make effective the transactions contemplated by this Agreement. In case, at any time after the execution of this Agreement, any further action is necessary or desirable to carry out its purpose, the proper officers or directors of the Parties shall take or cause to be taken all such necessary actions.
8.4Permits. Seller shall be solely responsible for securing any and all Permits, approvals and/or environmental or other clearances necessary for the construction, operation and/or maintenance of the Lancaster Plant. Seller’s compliance with all Applicable Laws, including but not limited to the California Environmental Quality Act, shall be a condition precedent to Buyer’s obligations hereunder.
Buyer agrees to use commercially reasonable efforts to cooperate with Seller in obtaining the necessary Permits for the construction, ownership and operation of the Lancaster Plant.
ARTICLE 9
CONFIDENTIALITY
9.1Confidentiality. The Parties agree and acknowledge that the terms and conditions set forth in that certain Mutual Non-Disclosure Agreement dated [●] between the Parties shall extend and cover this Agreement and any information exchanged pursuant to this Agreement.
9.2Public Announcements. Subject to providing five (5) day (or twenty-four (24) hours in case of emergency) advance written notice, either Party may make any public announcement; provided that in no circumstance shall a Party release any information concerning Seller, Buyer, the Lancaster Plant, Product sold hereunder, this Agreement, the terms hereof or the business relationship Seller and Buyer, to any member of the public, press, business entity or any Governmental Authority (except as required by Applicable Laws) without the other Party’s prior written consent (not to be unreasonably withheld).
ARTICLE 10
MISCELLANEOUS
10.1Compliance with Laws. This Agreement and the performance of the obligations contemplated herein are and shall be subject to all valid Applicable Laws. The Parties shall act in accordance with each such Applicable Law. The Parties shall cooperate with respect to compliance with all Permits.
10.2Governing Law. This Agreement, and all amendments and modifications hereof, and all documents and instruments executed and delivered pursuant hereto or in connection herewith, shall Commented [A3]: NTD: To come
Commented [A4]: Need to see this document
Commented [A5]: To Heliogen: the City is a public agency. Its contracts must be approved by the city council, included and announced on a public council agenda and are public records subject to disclosure under the Public Records Act and Brown Act. This provision needs to be reworked.
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be governed by and construed and enforced in accordance with the internal laws of the State of California, without regard to its principles of conflict of laws. The Parties agree that this Agreement is not governed by the United Nations Convention on the International Sale of Goods.
10.3Dispute Resolution.
(a) The Parties shall use their respective commercially reasonable efforts to solve amicably by mutual agreement any dispute arising under this Agreement. (b) In the event of any dispute arising under this Agreement, either Party may send written notice of such dispute to the other Party, requesting negotiations among senior executives. If the other Party agrees to such procedure, then the senior executives shall meet at a mutually acceptable time and place to exchange relevant information in an attempt to resolve the dispute.
(c) Each Party hereby irrevocably agrees that, to the extent that such Party or its respective Affiliates or any of its or its respective Affiliates’ properties has or may hereafter acquire any right of immunity, whether characterized as sovereign immunity or otherwise, from any legal proceedings (including any arbitration under Section 10.3), to enforce or collect upon any liability or obligation of such Party related to or arising from the transactions contemplated by this Agreement, including, without limitation, immunity from suit, immunity from service of process, immunity from jurisdiction or judgment of any court or tribunal, immunity from execution of a judgment, and immunity of any of its property from attachment prior to any entry of judgment, or from attachment in aid of execution upon a judgment, such Party, for itself and on behalf of its Affiliates, hereby expressly waives, to the fullest extent permissible under applicable law, any such immunity, and agrees not to assert any such right or claim in any such proceeding. Notwithstanding the foregoing, the Parties expressly agree that the provisions of the Government Tort Claims Act, Government Code section 810 et seq., shall apply to any and all claims, actions and/or causes of action arising out of or related to this Agreement.
10.4Notice.
(a) Buyer shall submit all Purchase Orders as follows:
Name: [●]
Address: [●]
E-mail: [●]
Attention: [●]
(b) Except as otherwise specifically provided, and subject to Section 10.4(a) with respect to Purchase Orders, all notices, requests, demands or other communications authorized or required between the Parties by any of the provisions of this Agreement shall be in writing, in English and shall be deemed to have been properly given when addressed to the Party as set out below, and (i) delivered in person or by recognized international courier maintaining records of delivery; or (ii) transmitted by e-mail; provided that the recipient transmits a manual email acknowledgment of successful receipt, which the recipient shall have an affirmative duty to furnish promptly after successful receipt.
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(c) Oral communication does not constitute notice for any purposes of this Agreement, and telephone numbers for the Parties are listed below as a matter of convenience only. With respect to e-mail communication automatic delivery receipts issued without direct human authorization shall not be evidence of effective notices for purposes of this Agreement.
If to Seller:
Name: [●]
Address: [●]
E-mail: [●]
Attention: [●]
If to Buyer:
Name: [●]
Address: [●]
E-mail: [●]
Facsimile: [●]
Attention: [●]
(d) A notice given pursuant to this Agreement shall be deemed delivered only when received by the Party to whom such notice is directed; provided that any notice sent by email after 5:00 p.m. PST on a Business Day shall be deemed given on the next following Business Day. (e) Each Party may change its address at any time and/or designate that copies of all such notices be directed to another individual at another address, by giving notice of such change to all Parties
10.5Independent Contractor. Each Party shall be an independent contractor with respect to its performance hereunder. Each Party, its subcontractors, or the employees of any of them, shall not be deemed to be servants, employees, or agents of the other Party. Nothing in this Agreement, in any document referred to in it or in any arrangement contemplated by it shall be deemed to make either of the Parties a partner of the other Party. The signing, completion and implementation of this Agreement shall not be deemed to empower either Party to bind or impose on the other Party any obligations to any third persons or to pledge the credit of the other Party.
10.6Costs and Expenses. Each Party shall bear its own costs and expenses (including legal fees and expenses) incurred in connection with this Agreement and the transactions contemplated hereby (except as otherwise expressly provided in this Agreement).
10.7Entire Agreement. This Agreement, together with all exhibits, schedules and the like contained herein or attached hereto (including all Purchase Orders, Confirmations and other documents issued pursuant to this Agreement) are integrally related to this Agreement and are hereby made a part of this Agreement for all purposes and set forth the entire agreement between the Parties concerning its subject matter and supersede any other agreements or statements pertaining to the same subject matter.
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of the exhibits, schedules, Purchase Orders, Confirmations and other documents issued pursuant to this Agreement, the terms of the body of this Agreement shall prevail.
10.8Amendment. No modifications of the terms and provisions of this Agreement shall be or become effective except by the execution by each of the Parties of a supplementary written agreement.
10.9Waiver. No waiver of any term, provision or condition of this Agreement shall be effective unless it is in writing and signed by the waiving Party. No waiver by either Party of any one or more defaults by the other Party in performance of any provisions of this Agreement shall operate or be construed as a waiver of any future default or defaults, whether of a like or a different character.
10.10Severability. Any term or provision of this Agreement that is invalid or unenforceable in any jurisdiction shall be ineffective as to such jurisdiction, to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable the remaining terms and provisions of this Agreement or affecting the validity or enforceability of any terms and provisions of this Agreement in any other jurisdiction. If any provision of this Agreement is so broad as to be unenforceable, each provision shall be interpreted to be only as broad as is enforceable.
10.11Hazardous Nature of Products. Buyer represents and warrants that it (a) is knowledgeable and aware that any Product delivered hereunder constitutes hazardous materials and that Buyer is sophisticated and knowledgeable with respect to (i) the hazards and risks associated with such Product and (ii) the handling, receipt, transportation, storage and use of such Product and (b) shall cooperate with Seller to facilitate the dissemination of any health and safety warnings and notices from Seller concerning Product sold hereunder. Upon Seller’s reasonable request, Buyer shall promptly and accurately provide Seller a listing of the types of uses made of Product sold by Seller. Further, Buyer shall (a) make reasonable efforts to determine the uses of Product sold hereunder by Buyer’s customers and (b) promptly transmit to its customers any health and safety warnings and notices received from Seller.
10.12Binding Effect; Successors and Assignees. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and permitted assignees.
Neither Party not assign or otherwise convey any of its rights or interests under this Agreement without the prior written consent of the other Party (which consent shall not be unreasonably withheld or delayed). .
10.13Third Part Beneficiaries. Except as expressly set forth in Article 7, this Agreement is for the sole and exclusive benefit of the Parties hereto. Except as expressly provided herein to the contrary, nothing herein is intended to benefit any other Person not a Party hereto, and no such Person shall have any legal or equitable right, remedy or claim under this Agreement.
10.14Joint Preparation. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties, and no presumption or burden of proof shall arise favoring or disfavoring either Party by virtue of the authorship of any of the provisions of this Agreement.
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10.15Counterparts. This Agreement may be executed in multiple counterparts, each of which, when so executed and delivered manually or in portable document format (.pdf), shall be deemed an original, and all of which together shall constitute but one and the same instrument. [Signature Pages Follow]
Signature Page – Hydrogen Supply Agreement
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IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to execute this Agreement as of the day and year first above written.
BUYER:
City of Lancaster
By:_________________________________
Name: ______________________________
Title: _______________________________
SELLER:
Proxima H2, LLC
By:_________________________________
Name: ______________________________
Title:_______________________________
_
Exhibit A
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Exhibit A
Product Specifications
Hydrogen that complies with SAE J2719 specifications and is produced 100% from renewable energy sources
Exhibit B
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Exhibit B
I. Target In-Service Dates
[To be provided]
II. Outside In-Service Date
[To be provided]
III. Delivery Point
[To be provided]
Exhibit C
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Exhibit C
Form of Purchase Order
[To be provided]
Exhibit D
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Exhibit D
I. Seller Insurance Requirements
[To be provided.]
II. Buyer Insurance Requirements
[To be provided.]
Exhibit E
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Heliogen Confidential Information - Access or Dissemination to Individuals Engaged in Heliogen Official Business Only
Exhibit E
Approved Trailer Specifications
The maximum storage capacity of each Approved Trailer shall be limited to dimensions and weight which do not exceed the lesser of the dimensions and weight prescribed by [●] and the design conditions of the Lancaster Plant communicated by Seller to Buyer from time to time.
Each Approved Trailer shall be equipped with the following : [●].
Each Approved Trailer shall comply with the following standards: [●].
Each Approved Trailer should contain, for inspection by Seller or its agents at the entrance to, or in any, Plant Delivery Point, the following documents:
•a copy of the registration for each Approved Trailer;
•a copy of a valid and up-to-date license for the transportation of Product issued by [●]; •evidence of insurance policies covering such Approved Trailers; and •a copy of the driver’s license of the driver of such Approved Trailer.
Commented [A6]: NTD: details to come
Exhibit E
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Exhibit F
Annual Index Price
For any given calendar year, the “Annual Index Price” shall be determined by averaging the price of hydrogen (expressed in dollars per kilogram) on October 1 of the prior year at each of the following sites:
•True Zero Hydrogen from FirstElement Fuel, 15544 San Fernando Mission Boulevard, Mission Hills, CA 91345
•Air Products Woodland Hills, 5314 Topanga Canyon, Woodland Hills, CA 91364 •Iwatani Hydrogen, 3044 St Lawrence St, Riverside, CA 92504 Any change in the Annual Index Price for a new calendar year will be effective as of January 1 and will be reflected in Invoices for deliveries occurring during that new calendar year. •
To: Purchasing Division
From: Alexus Merino, Assistant to the City Manager
CC:George Harris, Finance and IT Director
Date: May 23, 2023
Subject: Sole Source Justification – Proxima H2, LLC
As part of the City’s objective, Proxima H2, upon Council approval, will provide the City with a supply of hydrogen from the planned Lancaster Plant.
BACKGROUND:
Proxima H2, LLC has a unique position in Lancaster, as it is set to be the first local producer of hydrogen in Lancaster. Over the past few years, Heliogen, Inc. has conducted extensive research and developed proprietary technology for the production of hydrogen. They have proven to be a reliable and committed partner in the city's efforts towards sustainable energy.
ANALYSIS OF NEGOTIATED HYDROGEN PRICE
During the negotiation phase of the Hydrogen Supply Agreement, we agreed on a price of $10 per kilogram of hydrogen. This price was reached after careful consideration, leveraging the expertise of our technical contractor, Green Grid, who is creating a hydrogen strategic plan for Lancaster.
Our negotiated rate is considered favorable when comparing the agreed price to the current market value of hydrogen in California. According to the 2019 Joint Agency Report, the average cost of hydrogen for a light-duty fuel cell electric vehicle (passenger car) in California stands at $16.51 per kilogram. Therefore, at $10 per kilogram, the City of Lancaster will acquire hydrogen significantly below the state average, implying substantial cost savings.
Given the above factors, the negotiated price represents a strong value proposition for the City of Lancaster, aligning with our strategic objective of deploying hydrogen energy cost-effectively.
Furthermore, with Proxima H2, LLC being the sole local hydrogen producer, we secure an advantageous price and foster local economic growth and sustainability in alignment with our long-term goals.
SOLE SOURCE JUSTIFICATION:
1.Local Producer: Proxima H2, LLC will be the first local producer of hydrogen in Lancaster. This provides a level of convenience, reliability, and speed of delivery that cannot be matched within the same timeline by any other hydrogen producer.
2.Unique Expertise and Experience: Proxima H2, LLC has a unique depth of experience and technical competence in hydrogen production. Their expertise makes them uniquely qualified to supply hydrogen to the City of Lancaster.
3.Long-term Partner: Proxima H2, LLC has been a long-time partner with the City of Lancaster. They have a deep understanding of our local environment, our goals for clean and sustainable energy, and the specific needs of our city.
Proxima H2, LLC is the first hydrogen producer that will leverage its proprietary and patented technologies to produce locally-produced hydrogen for Lancaster's growing energy demands.
Their technology has been specifically engineered and adapted for the unique environmental and infrastructural factors in Lancaster, thereby providing a tailored solution that cannot be soon replicated by other providers.
Additionally, Proxima H2, LLC has accrued extensive knowledge about our city and its energy requirements through its longstanding relationship with us and through years of dedicated research conducted in Lancaster. Their deep understanding of our city's context and energy needs, coupled with their highly specialized tools and methods, renders them uniquely equipped to efficiently and effectively meet our hydrogen demand.
Given their unique expertise and the highly specialized nature of their service, seeking another vendor for this project would negate any potential cost savings and likely result in additional costs due to the need for a new vendor to adapt their methods to our specific requirements.
Therefore, there is no cost benefit for the City to obtain additional quotes from other vendors for this project.I am requesting your approval to recognize Proxima H2, LLC as a sole source vendor for the supply of locally-produced hydrogen for Lancaster.
STAFF REPORT
City of Lancaster
NB 1
5/23/2023
JC
Date: May 23, 2023
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Sheila Niebla, Senior Engineer - City Engineering
Subject: Construction Award of Bid – PWCP 23-014 – 2023 Neighborhood Improvement Project
Recommendations:
1. Award PWCP 23-014, 2023 Neighborhood Improvement Project, to Granite Construction Company of Lancaster, California, Base Bid Items in the amount of $3,391,168.00, plus Additive Alternate 1 (AA1) Bid Items in the amount of $1,153,645.50, and Additive Alternate 2 (AA2) Bid Items in the amount of $895,690.00, plus a 20% contingency, to repair and resurface approximately 16.5 lane-miles of streets and to install speed cushions at various locations, as part of the City’s Pavement Management Program (PMP). Authorize the City Manager, or his designee, to sign all documents. This contract is awarded to the lowest responsible bidder per California Public Contract Code Section 22038 (b).
2. Find that the City has complied with the California Environmental Quality Act. A Notice of Exemption was filed and posted on March 19, 2021.
Fiscal Impact:
$6,528,604.20 (including 20% contingency) to be awarded; sufficient funds are available in Capital Improvements Budget Account Numbers 203-15ST083-924, 206-15ST083-924, 211- 15ST083-924, 232-15ST083-924, and 349-15ST083-924.
Background:
The proposed project, as part of the City’s Pavement Management Program (PMP), will include approximately 16.5 lane-miles of roadway repair and resurfacing on the neighborhood bounded by 10th Street West, Lancaster Boulevard, Sierra Highway, and Avenue J. The proposed project also includes the installation of speed cushions on 17 th Street East from Lancaster Boulevard to Norberry Street, 17th Street West from Avenue H-8 to Avenue I, Avenue J-4 from 25th Street West to Janet Drive, Avenue J-8 from 10 th Street West to Date Avenue, Avenue J-11 from Gadsden Avenue to Cedar Avenue, and Glenraven Road from Avenue J to Avenue J-8. 1 2
7 6
Per Section 2.2 of the Existing Community Workforce Agreement (“CWA”), this project is subject to the CWA by and between the City of Lancaster and Los Angeles/Orange Counties Building and Construction Trades Council, and the Signatory Craft Councils and Unions (“CWA”). The PWCP 23-014 contract documents were prepared, and the project was advertised accordingly. Per Section
2.6(b) of the CWA, Letters of Assent shall be submitted by the Contractor and each of its subcontractors, of whatever tier, forty-eight (48) hours prior to commencement of work, or within forty-eight (48) hours after the award of Project Work to that Contractor (or subcontractor), whichever occurs later.
On April 11, 2023, at 11:00 a.m., the City conducted an electronic bid opening for PWCP 23-014, 2023 Neighborhood Improvement Project, via Planet Bids. Four (4) bids were received. The bids were as follows:
Contractor City Bid Amounts
1. Granite Construction Company Lancaster, CA $ 5,440,503.50
2. C.A. Rasmussen, Inc. Valencia, CA $ 5,958,948.29
3. Sully-Miller Contracting Company Brea, CA $ 6,651,719.15
4. Nationwide Contracting Services, Inc Fountain Valley, CA $ 7,536,860.06 Engineer’s Estimate $ 5,384,941.54 SN:FL/km
Attachment:
Vicinity Map
PWCP 23-014
2023 NEIGHBORHOOD IMPROVEMENT PROJECT
VICINITY MAP