Agenda packet — Lancaster City Council, December 12, 2023 (part 5 of 5)

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

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

2. That the City Council hereby adopts the following General Plan Amendment findings, pursuant to Section 17.24.140 of the LMC, in support of approval of this application:
a. Information presented at the public hearing shows that such amendment is necessary to implement the general plan and/or that the public convenience, the general welfare or good zoning practice justifies such action.

3. That the City Council hereby directs Community Development Department staff to file the Notice of Determination pursuant to CEQA (including its implementing guidelines).

4. That the City Council hereby approves GPA No. 23-001 to redesignate the subject property from MR1 and O to MR1.

5. This resolution shall take effect immediately upon its passage.

Resolution No.

Page 3 ends

PASSED, APPROVED and ADOPTED this ______ day of ___________________, _____, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

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

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss

CITY OF LANCASTER )

CERTIFICATION OF RESOLUTION

CITY COUNCIL
I, _____________________________, _________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Resolution No._____________, 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)
____________________________________
ORDINANCE NO. 1111

AN ORDINANCE OF THE CITY OF LANCASTER,
CALIFORNIA, AMENDING THE CITY ZONING PLAN FOR 45

GROSS ACRES OF LAND LOCATED ON THE WEST SIDE OF

SIERRA HIGHWAY BETWEEN AVENUE H AND AVENUE H-
8 (ASSESSOR’S PARCEL NUMBERS: 3135-001-903 THRU
3135-001-918) KNOWN AS ZONE CHANGE NO. 23-001
WHEREAS, pursuant to Section 17.24.060 of the Lancaster Municipal Code, an application has been filed by Kevin Harbison on behalf of Maisons Sierra Phase I, LP (“Applicant”) to change the zoning designation on 45 acres of land located on the west side of Sierra Highway between Avenue H to Avenue H-8 from a mix of MDR (Moderate Density Residential) and PK (Park) to MDR; and
WHEREAS, a notice of intention to consider a zone change for 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 November 13, 2023, the City’s Planning Commission held a public hearing on Zone Change No. 23-001, notice of which was published and provided as required by law, and adopted Resolution No. 23-36 (the “Planning Commission Recommendation”) recommending to the City Council approval of Zone Change No. 23-001; 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 Ordinance No. 1111

Page 2 ends

3 9
5 3
d. That placement of the proposed zone at such location will be in the interest of public health, safety and general welfare and in conformity with good zoning practice
Section 3. The subject property is reclassified from MDR and PK to MDR.

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. 1111

Page 3 ends

3 9
5 3
I, Andrea Alexander, City Clerk of the City of Lancaster, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading on the ________ day of ____________, ______, and placed upon its second reading and adoption at a regular meeting of the City Council on the _______ day of __________, ______, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
__________________________________________________________ ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES }ss
CITY OF LANCASTER }

CERTIFICATION OF ORDINANCE

CITY COUNCIL
I, ________________________________, ___________________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Ordinance No. 1111, 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)
___________________________________

PC Staff Report
GPA 23-001/ZC 23-001
TTM 23-003 (84221)
November 13, 2023

Page 2 ends

______________________________________________________________________________

BACKGROUND
On January 17, 2007, the Planning Commission approved the Northeast Gateway Corridors Plan for approximately 500 acres generally bounded by Avenue H, Avenue I, 10 th Street West and Challenger Way. This plan considered development within three planning areas including the Whit Carter Park Area, Fairgrounds Reuse Area, and Residential/Commercial Area. As part of the plan approval, a Final Environmental Impact Report (State Clearinghouse [SCH] No. 2006061101) was certified.

Subsequent to the approval of the plan, the City’s General Plan 2030 was adopted by the City Council on July 14, 2009 which designated the property in question as a mix of Open Space (O) and MR1 (Multi-Residential).

The City of Lancaster Housing Authority owns several parcels of land between Whit Carter Park and Avenue H and south of Avenue H-8 between Sierra Highway and Cedar Avenue, including the subject property. On May 9, 2023, the City of Lancaster City Council declared this property as exempt surplus land and approved a Disposition and Development Agreement (DDA) with Ravello Holdings, Inc. for the subject property. This DDA governs the Developer’s right to develop the subject property with affordable housing and obligations with respect to acquisition of the land, closing, schedule of performance, and default.

No project specific land use approvals for the subject property have been previously granted by the Planning Commission or City Council.

GENERAL INFORMATION
Table 1 summarizes the general information concerning this project.

Table 1: General Information
ITEM
APNS

DESCRIPTION
3135-001-903 thru 3135-001-918
±45 gross acres on the west side of Sierra Highway between Avenue H and Avenue H-8LOCATION
The subject property is zoned a mix of Moderate Density Residential (MDR) and Park (PK) and is currently vacant.ZONING AND LAND USE

PC Staff Report
GPA 23-001/ZC 23-001
TTM 23-003 (84221)
November 13, 2023

Page 3 ends

North: Single family residences, Avenue H, and industrial development; R-7,000 (single family residential,
minimum lot size 7,000 square feet) and Heavy
Industrial (HI)
South: Whit Carter Park/vacant; PK
East: Sierra Highway, vacant land, Union Pacific Railroad; (HI)

SURROUNDING LAND USES

AND ZONING
West: Single family residences, Mariposa Elementary School and Mariposa Park; R-7,000 and School (S)

CURRENT DEVELOPMENT

ENVIRONMENTAL REVIEW
The project site is currently vacant.

An initial study/mitigated negative declaration (SCH
#2023100288) 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 October 10, 2023 and ended on November 9, 2023.

Effective January 1, 1991, applicants whose projects have the potential to result in the loss of fish, wildlife or habitat through urbanization and/or land use conversion are required to pay filing fees as set forth under Section 711.4 of the Fish and Game Code. Pursuant to Section 21089(b) of the Public
Resources Code, the approval of a project is not valid, and no development right is vested, until such fees are paid.

PROJECT DESCRIPTION:

The applicant (Maison’s Sierra Phase I, LP) proposes to construct and operate a 2-phase, 100% affordable, private, gated housing development. All units within the development would be rental units.

Phase I
Phase I consists of a 196-unit housing development on individual lots. Each lot within Phase I would contain a primary residence and an accessory dwelling unit with off street parking. Each primary residence would have a garage with two parking spaces while the ADUs would have an uncovered, off-street parking space. Additional on-street parking would be provided throughout the development with a small parking area for the community building. A 40-space parking facility would be provided at the western edge of the property to provide additional parking for the

PC Staff Report
GPA 23-001/ZC 23-001
TTM 23-003 (84221)
November 13, 2023

Page 4 ends

adjacent Mariposa Park. Recreational amenities would be provided for the residents including private open space, paseos, three open space/park areas and a community center/recreational area with a pool. Pedestrian access gates from the development to the adjacent Whit Carter Park would also be provided. Primary access to the development would be from two driveways along Sierra Highway with an additional access point from Avenue H-4.

The residences within the development would be a mix of one, two, and three bedrooms ranging in size from 687 square feet to 1,296 square feet. In accordance with ADA requirements, a percentage of the units would be accessible and would also provide accessible parking.

Phase II
Phase II would be developed after Phase I and includes up to 303 affordable units for seniors with similar amenities as Phase I. These units are anticipated to be small, bungalow type cottages and the development would contain similar amenities to those provided in Phase I.

Affordability
The affordability of the proposed development would range from 30% to 80% of the area median income (AMI). This is based on the area median income for Los Angeles County which in 2023 was $98,200. Table 2 shows the income limits for the proposed project based on the number of people in the household. In addition, the developer has requested concessions and waivers from development standards in accordance with State law including a reduction in the front yard setback and a reduction of the width of the corner lots from 80 feet to 65 feet. These requests have been reflected in the design of the project.

Table 2
2023 Affordability Income Limits
Persons in Household Income Limits for Project
$26,500 – $70,650
$30,300 - $80,750
1 2
3 4
$34,100 - $90,850
$37,850 - $100,900
Site Plan Review No. 23-009 (Phase I) is a staff level approval; however, the overall project (Phase I and II) requires the approval of a general plan amendment, zone change, and tentative tract map. These are discussed below. A second site plan review will be submitted for Phase II after construction of Phase I commences.

PC Staff Report
GPA 23-001/ZC 23-001
TTM 23-003 (84221)
November 13, 2023

Page 5 ends

General Plan Amendment
The current general plan designations for the subject property are a mix of MR1 (multi- residential, 6.6 to 15 dwelling units per acre) and O (Open Space). The proposed project includes a general plan amendment (GPA No. 23-001) to change the designations of the subject property so that the entire 45 acres is designated as MR1. The MR1 designation is required in order to develop an affordable housing project across the site as the Open Space designation does not permit housing.

Zone Change
The current zoning for the subject property is a mix of MDR (Moderate Density Residential, 6.6 to 15 units/acre) and PK (Park). The proposed project includes a zone change request (ZC No. 23- 001) to change the zoning of the subject property so that the entire 45 acres is designated as MDR. This zoning would be consistent with the requested General Plan designation. The goal of the MDR zone is to provide for medium density multi-family dwellings in an urban environment with full urban services.

Tentative Tract Map
The proposed tentative tract map would subdivide the subject property into a total of 109 lots in accordance with the standards of the MDR zone. There would be a total of 98 residential lots; 10 common use lots for streets, open space, paseos, and the community center/recreational area; and one remainder lot for the future Phase II development. The remainder lot would be approximately 20 acres. All lots within the MDR zone are required to be a minimum of 6,000 square feet and the proposed development meets this standard. The 98 residential lots would each be a minimum of 6,100 square feet with a maximum lot size of 8,264 square feet.

All lots meet the minimum depth and width with the exception of some of the corners which have a width of less than 80 feet. As this is an affordable housing development, the applicant has requested a concession from this development standard in accordance with State law. All corner lots would have a minimum width of 65 feet with Lot 15 having a width of 76 feet.

The entire development would be fenced and gated with two access driveways from Sierra Highway and a secondary access point from Avenue H-4. All streets, open space, and recreational areas within the development would be private.

ANALYSIS:

General Plan Consistency
In order to grant a General Plan Amendment, Section 17.24.140 of the Lancaster Municipal Code states that the Planning Commission must show that such amendment is necessary to implement

PC Staff Report
GPA 23-001/ZC 23-001
TTM 23-003 (84221)
November 13, 2023

Page 6 ends

the General Plan and/or that public convenience, the general welfare, or good zoning practice justifies such action.

The proposed project is consistent with the following policies contained within the City of Lancaster 2030 General Plan:

Policy 3.2.1:

Policy 3.2.2:

Policy 3.2.5:

Promote the use of water conservation measures in the landscape plans of new developments.

Consider the potential impact of new development projects on the existing water supply.

Promote the use of water conservation measures in the design of new developments.

Policy 3.3.1:

Policy 3.3.2:

Minimize the amount of vehicular miles traveled.

Facilitate the development and use of public transportation and travel modes such as bicycle riding and walking.

Policy 3.3.3:

Policy 3.4.4:

Minimize air pollutant emissions generated by new and existing development.

Ensure that development proposals, including City sponsored projects, are analyzed for short- and long-term impacts to biological resources and that appropriate mitigation measures are implemented.

Policy 3.5.1:

Policy 3.6.1:

Minimize erosion problems resulting from development activities.

Reduce energy consumption by establishing land use patterns which would decrease automobile travel and increase the use of energy efficient modes of transportation.

Policy 3.6.2:

Policy 3.6.3:

Policy 4.3.1:

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

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

Ensure that noise sensitive land uses and noise generators are located and designed in such a manner that City noise objectives will be achieved.

PC Staff Report
GPA 23-001/ZC 23-001
TTM 23-003 (84221)
November 13, 2023

Page 7 ends

Policy 4.7.2: Ensure that the design of new development minimizes the potential for fire.

Policy 10.1.1: Provide opportunities for a wide variety of recreational activities and park experiences, including active recreation and passive open space enjoyment within a coordinated system of local, regional, and special use park lands areas.

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

Policy 15.1.5:

Policy 16.3.1
Ensure sufficient infrastructure is built and maintained to handle and treat wastewater discharge.

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

Policy 16.6.1:

Goal 17:

Require new development to construct and/or pay for new on-site capital improvements necessitated by their project, consistent with performance criteria identified in Objective 15.1.

To establish a variety of land uses, which serve to develop Lancaster into a balanced and complete community in which people live, work, shop and play.

Policy 18.1.4:

Policy 18.2.2:

Encourage the long-term maintenance of new residential
development.

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

There are no goals, objectives, policies, or specific actions of the General Plan that would conflict with the proposed amendment. The proposed amendment would allow for development of the project site in accordance with goals of the City and provide needed housing for a variety of income levels. The proposed amendment would not adversely affect the economic health of the City, as the development of the project would not require a major investment to provide access or public infrastructure to the site. Access already exists from Sierra Highway and Avenue H-4 and public utilities including water, sewer, and electricity exist in the vicinity of the project site.

The proposed development is consistent with the other residential, school/park, and industrial uses in the general vicinity of the site and the amendment would be compatible with the existing

PC Staff Report
GPA 23-001/ZC 23-001
TTM 23-003 (84221)
November 13, 2023

Page 8 ends

partial designation of the site as MR1.

No environmental impacts were identified in the initial study that cannot be reduced with the implementation of the identified mitigation measures.

Housing Element Consistency
The proposed project supports the goals and objectives of the City of Lancaster’s 2022 Housing Element (revised 2023). Specifically, the Housing Element identifies objectives and policies to provide a variety of housing types and affordability levels to the residents of Lancaster. The proposed project would provide up to 499 residential units over two phases as described above.

This development would support the following policies from the City’s Housing Element and would help the City meet its current Regional Housing Needs Assessment (RHNA) overall numbers and numbers for low-income housing.

Policy H-1.2:

Policy H-1.3:

Policy H-2.2:

Encourage a mix of housing types are provided, including single- and multi-family housing within a variety of price ranges to provide a range of housing options for Lancaster residents.

Promote infill housing development within areas presently approved for urban density residential development, as well as areas which have been committed to urban development.

Facilitate housing for extremely low-, very low-, low-, and moderate-income households to be distributed at locations through the urban portions of the City.

Policy H-2.3:

Policy H-2.4:

Policy H-3.7:

Facilitate the construction of affordable housing developments for very low-, low-, and moderate-income households.

Promote the development and rehabilitation of housing specifically designed for the elderly, providing a variety of living environments.

Encourage energy conservation and sustainable living building measures in new and existing homes and the addition of energy conservation devices/practices in existing developments.

Compliance with the Lancaster Municipal Code (LMC)
The proposed project complies with the development standards for residential uses in the MDR zone as identified in Sections 17.08.060 and 17.08.070 of the LMC. The applicant has requested concessions from some of the development standards in accordance with State law. Specifically, the applicant has requested concessions for a reduced front yard setback (from 8 feet to 6 feet)

PC Staff Report
GPA 23-001/ZC 23-001
TTM 23-003 (84221)
November 13, 2023

Page 9 ends

, reduced side yard setbacks, and a reduction in the corner lot widths. These concessions have been reflected in the design of the project.

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

ZONE CHANGE FINDINGS
In order to grant a Zone Change (ZC), 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.

Modified conditions warrant a revision in the zoning plan in order to allow for the permitting of the proposed project. A portion of the project site is already zoned for multi- family residential development and the zone change would allow for a consistent zoning across the project site. Existing single family residential uses are located immediately to the west along with Mariposa School and Park. Whit Carter Park exists to the south and the remaining property to the north and east is zoned for industrial uses. The MDR zoning across the entire project site would not be a substantial change from the MDR/PK zoning that exists on the site now and would be compatible with the surrounding zoning. b. That a need for the proposed zone classification exists within such area or district.

A need for the proposed MDR zoning across the entire site exists in order to allow for a greater variety of housing choices for all income levels. The proposed zoning would allow for slightly smaller lots than the R-7,000 zoning located to the west and would facilitate the development of an affordable rental community of traditional style homes. This development is needed in order to help provide housing to all residents of the City. c. That the particular property under consideration is a proper location for said zone classification within such area or district.

PC Staff Report
GPA 23-001/ZC 23-001
TTM 23-003 (84221)
November 13, 2023

Page 10 ends

Additionally, access to the project site would be obtained directly from a major arterial and would not require the construction of additional roadways to access the site. 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 this location will be in the interest of public health, safety and general welfare and is in conformity with good zoning practice. The proposed zone change would provide consistent zoning across the entirety of the project site and would be compatible with the surrounding zoning and existing developments.

TENTATIVE TRACT MAP FINDINGS
In order to grant a tentative tract map, 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 consistent with the general plan land use designation of MR1 (Multi-Residential) and with the policies, goals, objectives, and specific actions of the General Plan. The proposed project is not located within the boundaries of a Specific Plan.
b. The design and improvement of the proposed subdivision is consistent with the general plan, any applicable specific plan, Title 17, and this title.

The design and improvements of the proposed subdivision are consistent with the General Plan and use designation of MR1 and the development standards identified in Sections 17.08.060 and 17.080.070 of the LMC when considered with the requested concessions for corner lot width, and side and front yard setbacks. The project site is not located within the boundaries of a specific plan.
c. The site is physically suitable for the type and density of the development proposed.

The project site is physically suitable for the type and density of the proposed development. Adequate roadway capacity and infrastructure exists in the vicinity of the project or can be provided to support the development.
d. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

PC Staff Report
GPA 23-001/ZC 23-001
TTM 23-003 (84221)
November 13, 2023

Page 11 ends

The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. An initial study was prepared for the proposed development to assess potential impacts to twenty-one (21) resource areas including biological resources. No sensitive status plant or animal species were identified during the surveys and mitigation measures have been provided to ensure that any potential impacts remain less than significant. Mitigation measures have also been provided for other resource areas such as air quality, cultural resources, geology and soils, and noise. e. The design of the subdivision or the type of improvements will not cause serious public health problems.

The design of the subdivision and the associated improvements are not likely to cause serious public health problems as adequate sewer and water systems will be provided to the proposed development. 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 is a 10’ trunk sewer easement that runs in a north/south direction through the eastern portion of the project site. This easement will remain and no structures will be built on top of the easements. The site been designed so that the easement is located within the paseos and open space areas. There is no public access easement across the site; therefore, the design of the subdivision will not conflict with public access. Any other utility can be accommodated within the design of the proposed project. g. The City’s action will not have an adverse effect on the housing needs of the region and the city has balanced these needs against the public service needs of its residents and available fiscal and environmental resources, in accordance with Section 66412.3 of the Subdivision Map Act.

PC Staff Report
GPA 23-001/ZC 23-001
TTM 23-003 (84221)
November 13, 2023

Page 12 ends

occurring. Additionally, all roadways, sewer, and water lines within the subdivision would be private and maintained by the Homeowners/Property Owner’s Association. 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.

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 November 3, 2023.

RECOMMENDATION
Adopt Resolution No. 23-36 recommending approval to the City Council for General Plan Amendment (GPA) No. 23-001 to change the general plan designation to MR1 and Zone Change (ZC) No. 23-001 to change the zoning to MDR, approving Tentative Tract Map (TTM) No. 23-003 (TTM 84221) for the subdivision of approximately 45 gross acres into 109 located on the west side of Sierra Highway between Avenue H and Avenue H-8 (APNs: 3135-001-903 thru 3135-001- 918), adopting the Initial Study/Mitigated Negative Declaration (SCH# 2023100288), approving the Mitigation Monitoring and Reporting Program and authorizing staff to execute the Notice of Determination.

Attachments:

A. Resolution No. 23-36
B. Draft Ordinance
C. Tentative Tract Map No. 23-003 (TTM 84221)
D. Initial Study

DocuSign Envelope ID: 0E9A9FD1-B9FF-446C-AA5C-66637E66B793 RESOLUTION NO. 23-36

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF LANCASTER, CALIFORNIA, RECOMMENDING

APPROVAL TO THE CITY COUNCIL FOR GENERAL PLAN
AMENDMENT (GPA) NO. 23-001 TO CHANGE THE
GENERAL PLAN DESIGNATION TO MR1 AND ZONE CHANGE
(ZC) NO. 23-001 TO CHANGE THE ZONING TO MDR,
APPROVING TENTATIVE TRACT MAP NO. 23-003 (TTM
84221) FOR THE SUBDIVISION OF APPROXIMATELY 45
GROSS ACRES INTO 109 LOTS LOCATED ON THE WEST SIDE

OF SIERRA HIGHWAY BETWEEN AVENUE H AND AVENUE
H-8 (APNS: 3135-001-903 THRU 3153-001-918),

ADOPTING THE INITIAL STUDY/MITIGATED NEGATIVE
DECLARATION (SCH# 2023100288), APPROVING THE

MITIGATION MONITORING AND REPORTING PROGRAM

AND AUTHORIZING STAFF TO EXECUTE THE NOTICE OF

DETERMINATION
WHEREAS, the subject property is approximately 45 acres located on the west side of Sierra Highway between Avenue H and Avenue H-8 (Assessor Parcel Numbers [APNs] 3135- 001-903 thru 3135-001-918); and
WHEREAS, pursuant to Section 3.c. of City Council Resolution No. 93-07, Kevin Harbison on behalf of Maison’s Sierra Phase 1/Kevin Harbison (“Applicant”), has initiated an application for a General Plan Amendment (GPA No. 23-001) to redesignate the entire subject area from a mix of MR1 (multi-residential, 6.6 to 15 dwellings units per acre) and O (Open Space) to MR1; and
WHEREAS, pursuant to Section 17.24.040 of the Lancaster Municipal Code (“LMC”), the Applicant has initiated an application for a zone change (ZC No. 23-001), and requested that the Planning Commission consider a change to the zoning for the project site from a mix of MDR (Moderate Density Residential) and PK (Park) to MDR; and WHEREAS, a Tentative Tract Map (TTM 23-003 [TTM 84221]) has been requested by the Applicant to allow for the subdivision of approximately 45 gross acres into 109 lots (98 residential lots, 10 lettered common lots, and 1 remainder lot) on the west side of Sierra Highway between Avenue H and Avenue H-8 (APNs: 3135-001-903 thru 3135-001-018) in the MDR zone; and
WHEREAS, the above-described Tentative Tract Map application has been filed pursuant to Chapter 16.08 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 the regulations of the LMC, prepared a written report, and recommended approval of this Tentative Tract Map, subject to conditions; and

DocuSign Envelope ID: 0E9A9FD1-B9FF-446C-AA5C-66637E66B793 PC Resolution No. 23-36
GPA No. 23-001/ZC No. 23-001
TTM No. 23-003 (TTM 84221)
November 13, 2023

Page 2 ends

WHEREAS, a notice of intention to consider granting of a General Plan Amendment and 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, pursuant to the California Environmental Quality Act (Public Resources Code, §210000 et seq.) and the State CEQA Guidelines (California Code of Regulations, Title 14, §15000 et seq.) (“CEQA”), an Initial Study (SCH #2023100288) was prepared for the proposed project and circulated for public review ending on November 9, 2023; and WHEREAS, on the basis of the Initial Study, which indicated that all potential environmental impacts from the proposed project would be less than significant with the incorporation of the identified mitigation measures, staff determined that a Mitigated Negative Declaration should be prepared; and
WHEREAS, the public review period closed on November 9, 2023 and all comments received from the public and responsible, trustee, and interested agencies were considered; and
WHEREAS, public notice was provided, as required by law, and a public hearing was held by the City of Lancaster Planning Commission (“Planning Commission”) on November 13, 2023; and
WHEREAS, the Planning Commission desires to recommend that the City Council approve and adopt GPA No. 23-001 and ZC 23-001; and
WHEREAS, the Planning Commission, after considering all evidence presented, desires to approve the Applicant’s requested Tentative Tract Map

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

Section 1. This Commission hereby finds the foregoing recitals are true, correct and a substantive part of this resolution.

Section 2. That the Planning Commission hereby certifies that it has reviewed and considered the information in the Initial Study/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 Initial Study/Mitigated Negative Declaration prepared for the proposed project reflects the independent judgement of the City of Lancaster.

DocuSign Envelope ID: 0E9A9FD1-B9FF-446C-AA5C-66637E66B793 PC Resolution No. 23-36
GPA No. 23-001/ZC No. 23-001
TTM No. 23-003 (TTM 84221)
November 13, 2023

Page 3 ends

Section 3. That the Planning Commission hereby adopts the Mitigation Monitoring and Reporting Program included in the Mitigated Negative Declaration.

Section 4. That the Community Development Department, Planning and Permitting staff is hereby authorized and directed to prepare, execute, and file a Notice of Determination pursuant to CEQA (including its implementing guidelines).

Section 5. That the Planning Commission hereby adopts the following General Plan Amendment findings, pursuant to Section 17.24.140 of the LMC, in support of approval of this application:
a. Information presented at public hearing shows that such amendment is necessary to implement the general plan and/or the public convenience, the general welfare or good zoning practice justifies such action.

Section 6. That the Planning Commission hereby adopts the following Zone Change findings, pursuant to Section 17.24.120 of the LMC, in support of approval of this application. a. That modified conditions warrant a revision in the zoning plan as it pertains to the area or district under consideration.

Modified conditions warrant a revision in the zoning plan in order to allow for the permitting of the proposed project. A portion of the project site is already zoned for multi-family residential development and the zone change would allow for a consistent zoning across the project site. Existing single family residential uses are located immediately to the west along with Mariposa School and Park. Whit Carter Park exists to the south and the remaining property to the north and east is zoned for industrial uses. The MDR zoning across the entire project site would not be a substantial change from the MDR/PK zoning that exists on the site now and would be compatible with the surrounding zoning.
b. That a need for the proposed zone classification exists within such area or district.

DocuSign Envelope ID: 0E9A9FD1-B9FF-446C-AA5C-66637E66B793 PC Resolution No. 23-36
GPA No. 23-001/ZC No. 23-001
TTM No. 23-003 (TTM 84221)
November 13, 2023

Page 4 ends

A need for the proposed MDR zoning across the entire site exists in order to allow for a greater variety of housing choices for all income levels. The proposed zoning would allow for slightly smaller lots than the R-7,000 zoning located to the west and would facilitate the development of an affordable rental community of traditional style homes. This development is needed in order to help provide housing to all residents of the City.
c. That the particular property under consideration is a proper location for said zone classification within such area or district.

The particular property under consideration is a suitable location for the MDR zone as a portion of the subject property is already zoned as such. The property to the west is zoned R-7,000 and the lots are of similar size to the lots being proposed with this development. Additionally, access to the project site would be obtained directly from a major arterial and would not require the construction of additional roadways to access the site.
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 this location will be in the interest of public health, safety and general welfare and is in conformity with good zoning practice.

The proposed zone change would provide consistent zoning across the entirety of the project site and would be compatible with the surrounding zoning and existing developments.

Section 7. That the Planning Commission hereby adopts the following findings 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.

DocuSign Envelope ID: 0E9A9FD1-B9FF-446C-AA5C-66637E66B793 PC Resolution No. 23-36
GPA No. 23-001/ZC No. 23-001
TTM No. 23-003 (TTM 84221)
November 13, 2023

Page 5 ends

requested concessions for corner lot width, and side and front yard setbacks. The project site is not located within the boundaries of a specific plan. c. The site is physically suitable for the type and density of the development proposed.

The project site is physically suitable for the type and density of the proposed development. Adequate roadway capacity and infrastructure exists in the vicinity of the project or can be provided to support the development. d. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. An initial study was prepared for the proposed development to assess potential impacts to twenty-one (21) resource areas including biological resources. No sensitive status plant or animal species were identified during the surveys and mitigation measures have been provided to ensure that any potential impacts remain less than significant. Mitigation measures have also been provided for other resource areas such as air quality, cultural resources, geology and soils, and noise.
e. The design of the subdivision or the type of improvements will not cause serious public health problems.

The design of the subdivision and the associated improvements are not likely to cause serious public health problems as adequate sewer and water systems will be provided to the proposed development. 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.

DocuSign Envelope ID: 0E9A9FD1-B9FF-446C-AA5C-66637E66B793 PC Resolution No. 23-36
GPA No. 23-001/ZC No. 23-001
TTM No. 23-003 (TTM 84221)
November 13, 2023

Page 6 ends

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 project would have a beneficial effect on the housing needs of the region because an additional 196 dwelling units would be provided in Phase I of the proposed project and up to 499 units would be at full build out. These units would all be affordable and provide housing to residents with an AMI of 30% to 80%. 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 existing in the vicinity of the project site and the maintenance of this infrastructure is already occurring. Additionally, all roadways, sewer, and water lines within the subdivision would be private and maintained by the Homeowners/Property Owner’s Association.
h. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities.

Section 8. That the Planning Commission hereby recommends that the City Council approve GPA No. 23-001 to redesignate the subject property from a mix of MR1 and O to MR1.

Section 9. That the Planning Commission hereby recommends that the City Council approve ZC No. 23-003 to rezone the subject property from a mix of MDR and PK to MDR.

Section 10. This Commission hereby approves Tentative Tract Map No. 23-003 (TTM No. 84221) subject to the conditions attached hereto and incorporated herein and subject further to the City Council approving GPA No. 23-001 and ZC No. 23-001.

Section 11. The Planning Commission staff is authorized and hereby directed to transmit this Resolution to the City Council as required by Section 65855 of the Government Code.

Section 12. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at Lancaster City Hall, 44933 Fern Avenue, Lancaster, CA 93534. This information is provided in compliance with Public Resources Code Section 21081.6.

DocuSign Envelope ID: 0E9A9FD1-B9FF-446C-AA5C-66637E66B793 PC Resolution No. 23-36
GPA No. 23-001/ZC No. 23-001
TTM No. 23-003 (TTM 84221)
November 13, 2023

Page 7 ends

Section 13. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application.

PASSED, APPROVED and ADOPTED this 13 th day of November 2023, by the following vote:

AYES: Vose, Harvey, Birden, Derryberry, Moore, and Underwood NOES:

ABSTAIN:

RECUSED:

ABSENT: Tufts
JAMES D. VOSE, Chairman
Lancaster Planning Commission
ATTEST:
_____________________________________
Patti Garibay, Assistant Director – Community Development Planning & Permitting City of Lancaster
Attachments:

A. Conditions List
B. Mitigation Monitoring and Reporting Program
Within 10 working days of the date of this decision by the Commission, an applicant or an interested City resident may submit to the City Clerk a notice of appeal pursuant to LMC Sections 17.36.030 and 2.44.010 et seq.

Any action to challenge the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Code of Civil Procedure Section 1094.6.

ATTACHMENT TO PC RESOLUTION NO. 23-36
GENERAL PLAN AMENDMENT NO. 23-001
ZONE CHANGE NO. 23-001
TENTATIVE TRACT MAP NO. 23-003 (TTM 84221)
SITE PLAN REVIEW NO. 23-009

CONDITIONS LIST
November 13, 2023

GENERAL

1. 2.

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

The approval of this tentative map shall expire 24 months from the date of conditional approval. The applicant 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. This Site Plan Review must be used within two (2) years from the date of approval; otherwise the Site Plan Review will expire. The applicant may, not less than sixty (60) days prior to the expiration date, request a one (1)-year extension in writing to the Community Development Director.

Note: Issuance of building permits, installation of off-site improvements, and grading of the site do not constitute “use” of the Site Plan Review. Under the Zoning Ordinance, construction or other development authorized by the Site Plan Review must have commenced. Generally, the City requires that the slab of a major building in the project be poured and inspected in order to considered the permit used, although the circumstances of each case may vary depending on the land use involved.

4. 5.

This Tentative Tract Map/Site Plan Review will not be effective under ten (10) working days after the date upon which it is granted approval and until the applicant has executed and returned to the Community Development Department an authorized acceptance of the conditions of approval applicable to said permit.

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

imposed if the City fails to promptly notify the subdivider or fails to cooperate fully in the defense.

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

7. 8.

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

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

9. The following items/plans shall be submitted to the Public Works and Community Development Departments for concurrent review and approval prior to issuance of permits:
a. Lighting Plan
b. Building Plan
c. Grading Plan
d. Landscape Plan
e. Trash Enclosure Plan

10. 11.

All necessary permits shall be obtained from the Public Works and Community Development Departments 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.

12. 13.

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.

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.

14. 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 Public Works 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.

15. 16.

17. If the map is to be recorded in phases, the applicant shall submit a phasing plan and phasing condition/mitigation measure matrix to the Community Development Department 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.

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 Department to verify that development of the property has occurred in conformity with conditions as enumerated in this permit.

18. If the project is developed in phases, all the development requirements shall be met for each phase including parking, landscaping, trash enclosures, drainage, etc. The developer shall provide a phasing plan and phasing condition/mitigation measure matrix to the Community Development Department for approval prior to the issuance of construction- related permits.

19. 20.

The applicant shall be responsible for notifying the Community Development Department 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 Director 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.

21. 22.

23. Prior to occupancy of any model homes, the applicant shall provide adequate off-street parking and 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.

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

24. 25.

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.

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

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

FEES, ASSESSMENTS, AND ANNEXATIONS

27. 28.

29. 30.

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

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 1 st year’s assessment fees for the following maintenance districts, as applicable, prior to issuance of related permits (grading, building, sewer, etc.): 1) Lancaster Drainage Maintenance District, 2) Lancaster Lighting Maintenance District, 3) Lancaster Sewer Maintenance District, and 4) Lancaster Landscape Maintenance District.

STREETS

31. 32.

33. 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 Public Works Director.

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 Public Works Director. (Ordinance No. 361)
The proposed project shall comply with the City of Lancaster Holiday Moratorium Policy.

No excavation or work shall occur within the public right-of-way on Primary Arterials, Secondary Arterials, and Collector Streets between November 15th and 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.

TRAFFIC IMPROVEMENT PLANS

34. 35.

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 Public Works Director.

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 Public Works Director.

STREET IMPROVEMENTS

36. Prior to building occupancy, the applicant shall construct the following street improvements within/along the frontage of the project site, as directed by the Public Works Director:

Curb &
Gutter
Base &
Paving
Street
Lights
Street Sidewalk Raised Painted Class I/IV Class II LMD
Street Name Trees (5’min) Median Median Bike Lane Bike Lanes Easement Avenue H-4 X
X
X
Penny Royal X

37. 38.

Prior to issuance of Final Map approval, improve Sierra Highway to include:
• 7-foot raised median
• 29 feet of pavement from the raised median to the curb and • 14-foot meandering sidewalk/adjacent sidewalk/separated sidewalk Prior to building occupancy, the applicant shall construct base and paving, if existing conditions are determined to be substandard or do not meet City of Lancaster current pavement condition standards, or if this condition is applied to a new facility. The base and paving shall be constructed along the property frontage up to centerline and include additional improvements beyond centerline as follows:
• 7-foot raised median and 21 feet of pavement on Sierra Highway

39. Prior to building occupancy, the applicant shall construct additional pavement as required to transition to the existing pavement in accordance with City of Lancaster Engineering Design Guidelines (Section 2.2.10.24), to the satisfaction of the Public Works Director.

40. 41.

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 Public Works Director.

Prior to occupancy, the applicant shall design and construct City owned and maintained street lighting systems. The street lighting system shall be designed using a 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.

DRIVEWAY REQUIREMENTS

42. 43.

Prior to issuance of the street improvement encroachment permit, the applicant shall show on the street plan drive approaches using a modified commercial driveway design (SPPWC 110-1, Type C or equivalent) with a minimum radius of 15 feet and that will provide a street/drive approach transition with a maximum algebraic grade difference of 10%. Construction details shall be shown on the street plan providing a transition no greater than this maximum.

Prior to building occupancy, the applicant shall design and construct ADA “walk arounds” at the following driveway locations, to the satisfaction of the Public Works Director. • Driveways along Sierra Highway

44. 45.

Prior to building occupancy, a reciprocal access agreement shall be recorded for the site.

FEE REQUIREMENTS
Prior to site plan approval, the applicant shall pay all required Local Transportation Assessment review fees as outlined under II-Development Services, Section 2:

Engineering Fees, Traffic Study Review in the City’s most current Fee Schedule.

DRAINAGE/GRADING

46. Prior to final map approval, grading permit issuance, and/or storm drain permit issuance, the applicant shall acquire and dedicate all required easements for drainage improvements as identified in the final hydrology/hydraulic report on the Tract Map or by separate instrument. All right-of-way dedications will be to the satisfaction of the City Engineer.

47. 48.

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.

49. 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 Public Works Director. Any on-site and/or off-site mitigation measures required by the approved hydrology/hydraulic study shall be constructed prior to first occupancy.

50. 51.

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 Public Works Director.

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

52. Prior to final map approval or grading permit issuance, the streets shall be designed to avoid creating sump conditions to the satisfaction of the Public Works Director. If a sump condition is unavoidable, design streets so that the 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.

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

54. 55.

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 Community Development and Public Works Departments 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.

56. 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 Public Works 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 Public Works 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 Public Works Director.
iii. Provide traffic control and flagging personnel along the haul route to the satisfaction of the Public Works Director.
iv. When required by the Public Works 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 Public Works 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 Public Works Director.

SEWER

57. 58.

Prior to final map approval, sewer plan/lateral connection approval, 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.

59. 60.

Prior to sewer plan/lateral connection approval and/or sewer encroachment permit issuance, the applicant shall submit a private sewer plan for private sewer to public standard, minimum grades of sewer main to be per Section 2.4.9.4 of the Engineering Design Guidelines, consistent with the approved site plan and conditions of approval. The sewer plan shall be based on an approved Sewer Area Study.

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 Public Works Director. Any on-site and/or off-site mitigation measures required by the approved sewer area study shall be constructed prior to first occupancy.

61. 62.

Per the direction of the Public Works 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 of local main line sewers and separate laterals to serve each structure at such time as the permanent structures are constructed on the site.

63. Prior to sewer plan approval, the streets shall be designed to avoid creating sump conditions to the satisfaction of the Public Works 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

64. 65.

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 Public Works Director. Fire flows required are to be determined by the Fire Chief.

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.

66. 67.

Per the direction of the Community Development Director and the Public Works 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.

68. 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.

COMMUNITY DEVELOPMENT

69. 70.

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

Elevations and architectural details of the future buildings are subject to review and approval by the City of Lancaster Community Development Department to ensure that they are compatible with the established architectural design guidelines. This includes, but is not limited to, architectural style, color, exterior materials, material and type of walls. The applicant shall provide 360-degree architectural treatments for all proposed buildings.

71. 72.

All elevations and floor plans for residential subdivisions shall be subject to approval by the City of Lancaster Community Development Department.

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 Director. 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 Director 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 Public Works and Community Development Directors.

73. Three (3) copies of a signage plan shall be submitted for approval by the Community Development Department at the time of building permit issuance. Such plan shall be comprehensive and shall include location, height, square-footage, method of attachment, construction materials and colors of each sign proposed. The signs shall be in compliance with the Lancaster Municipal Code and Design Guidelines.

74. 75.

On-site management and security shall be provided for both phases of the development.

Specific security provisions may include cameras, alarms, or active security guard surveillance, to the satisfaction of the Community Development Director.

An affordable housing agreement shall be executed prior to issuance of any building permits for the project. The affordable housing agreement shall be binding on all future owners and successors of interest in the housing development. Upon execution of the agreement, it shall be recorded with the County Clerk.

LANDSCAPING

76. Prior to landscape encroachment permit, landscape plans shall be prepared in accordance with Ordinance No. 1070 and submitted to the Development Engineering Section of the Public Works 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.

77. 78.

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

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 Community Development and Public Works Directors. 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 Director. The irrigation and plant materials shall be installed and completed to the satisfaction of the Community Development and Public Works Directors prior to occupancy of any residence within the development.

79. Prior to building occupancy, the 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 Public Works Director.

80. 81.

Landscape materials, once approved, shall be maintained in perpetuity.

OTHER
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.

82. Prior to first issuance of building permit and final map approval, the applicant shall record a covenant for easement and/or a reciprocal access easement and maintenance agreement for all shared driveways and drive aisles, private drainage devices, and common landscaping maintenance areas, within the project site and along the project frontage as directed by the Public Works Director. This condition may be satisfied by incorporating the appropriate provisions into the CC&Rs.

83. 84.

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

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

85. 86.

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

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.

87. The City of Lancaster now offers the Power Choice program to help meet Title 24 solar requirements by providing free installation of a rooftop solar and Tesla Powerwall Battery system. All systems will be installed and serviced by Tesla, Inc. The entire system cost will be paid for by the City’s financing partner, Participate.Energy. The homes must be built within Lancaster city limits and homeowners must be a Lancaster Energy customer to participate. Customers will be enrolled in the ‘Power Choice’ rate option and pay for their energy usage and battery storage in their regular monthly SCE bill. For more information on Power Choice, contact Patti Garibay ([email protected]).

ENVIRONMENTAL/MITIGATION MEASURES

88. Prior to ground disturbance activities, the project operator shall provide evidence to the Community Development 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 Community Development 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 Community Development Director regarding the “Valley Fever Training Handout” and Session(s) shall include the following:
• A sign-in sheet (to include the printed employee names, signature, and date) for all employees who attended the training session.
• Distribution of a written flier or brochure that includes educational information regarding the health effects of exposure to criteria pollutant emissions and Valley Fever.
• Training on methods that may help prevent Valley Fever infection. • A demonstration to employees on how to use personal protective equipment, such as respiratory equipment (masks), to reduce exposure to pollutants and facilitate recognition of symptoms and earlier treatment of Valley Fever. Where respirators are required, the equipment shall be readily available and shall be provided to employees for use during work. Proof that the demonstration is included in the training shall be submitted to the county. This proof can be via printed training materials/agenda, DVD, digital media files, or photographs.

Angeles County Public Health for review and comment. The Plan shall include a program to evaluate the potential for exposure to Valley Fever from construction activities and to identify appropriate safety procedures that shall be implemented, as needed, to minimize personnel and public exposure to potential Coccidioides spores. Measures in the Plan shall include the following:
• Provide HEP-filters for heavy equipment equipped with factory enclosed cabs capable of accepting the filters. Cause contractors utilizing applicable heavy equipment to furnish proof of worker training on proper use of applicable heavy equipment cabs, such as turning on air conditioning prior to using the equipment. • Provide communication methods, such as two-way radios, for use in enclosed cabs.
• Require National Institute for Occupational Safety and Health (NIOSH)-approved half-face respirators equipped with minimum N-95 protection factor for use during worker collocation with surface disturbance activities, as required per the hazard assessment process.
• Cause employees to be medically evaluated, fit-tested, and properly trained on the use of the respirators, and implement a full respiratory protection program in accordance with the applicable Cal/OSHA Respiratory Protection Standard (8 CCR 5144).
• Provide separate, clean eating areas with hand-washing facilities. • Install equipment inspection stations at each construction equipment access/egress point. Examine construction vehicles and equipment for excess soil material and clean, as necessary, before equipment is moved off-site. • Train workers to recognize the symptoms of Valley Fever, and to promptly report suspected symptoms of work-related Valley Fever to a supervisor. • Work with a medical professional to develop a protocol to medically evaluate employees who develop symptoms of Valley Fever.
• Work with a medical professional, in consultation with the Los Angeles County Public Health, to develop an educational handout for on-site workers and surrounding residents within three miles of the project site, and include the following information on Valley Fever: what are the potential sources/ causes, what are the common symptoms, what are the options or remedies available should someone be experiencing these symptoms, and where testing for exposure is available. Prior to construction permit issuance, this handout shall have been created by the project operator and reviewed by the project operator and reviewed by the Community Development 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

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

89. A nesting bird survey shall be conducted by a qualified biologist within 14 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 nests. A qualified biologist shall periodically monitor any active bird nests to determine if project-related activities occurring outside the “no-disturbance” buffer disturbs the birds and if the buffer shall be increased. Once the young have fledged and left the nest, or the nest otherwise becomes inactive under natural conditions, project activities within the “no-disturbance” buffer may occur following an additional survey by the qualified biologist to search for any new bird nests in the restricted area.

90. A pre-construction burrowing owl clearance survey shall be conducted no more than 30 days prior to any vegetation removal or ground disturbing activities to avoid impacts to burrowing owls and/or occupied burrows. The pre-construction clearance survey shall be conducted by a qualified biologist and in accordance with the methods outlined in the Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 2012).

Documentation of surveys and findings shall be submitted to the City of Lancaster for review and file. If no burrowing owls or occupied burrows are detected, project activities may begin, and no additional avoidance and minimization measures shall be required.

91. 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 an archaeologist meeting the Secretary of Interior’s professional qualification standards in archaeology 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 Fernandeno Tataviam Band of Mission Indians (FTBMI) and 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.

92. 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.

93. 94.

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.

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.

95. 96.

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 Lead Agency and/or applicant shall, in good faith, consult with FTBMI on the disposition and treatment of any Tribal Cultural Resource encountered during all ground disturbing activities. Avoid and preservation in place are the preferred treatment of Tribal Cultural Resources associated with this site.

97. 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.

98. 99.

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.
100. Electrically powered equipment shall be used instead of pneumatic or internal combustion power equipment, where feasible.
101. Material stockpiles and mobile equipment staging, parking and maintenance areas shall be located as far away as practicable from noise sensitive receptors. 102. The use of noise producing signals, including horns, whistles, alarms, and bells shall be for safety warning purposes only.
103. No project-related public address or music system shall be audible at any adjacent receptor.
104. All noise producing construction equipment and vehicles using internal combustion engines shall be equipped with mufflers, air-inlet silencers where appropriate, and other shrouds, shields, or other noise-reducing features in good operating condition that meets or exceeds original factory specifications. Mobile or fixed “package” equipment (e.g., arc- welders, air compressors, etc.) shall be equipped with shrouds and noise controls features that are readily available for the type of equipment.
105. The construction of the residences in both Phase I and Phase II shall follow the recommendations of the noise study (with the exception of the 7-foot walls) to ensure that interior noise levels meet acceptable standards. Alternatively, the developer can propose substitute recommendations and provide proof that they will achieve the same results.

MITIGATION MONITORING PLAN (Exhibit B)
General Plan Amendment No. 23-001 / Zone Change No. 23-001 Tentative Tract Map No. 23-003 (84221) (Site Plan Review No. 17-003) VERIFICATION OF COMPLIANCEMit.

No.

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

AIR QUALITY
1 Prior to ground disturbance activities, the project Prior to any ground operator shall provide evidence to the Community disturbing activities.

Development 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 Community Development 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 Community Development Director
regarding the “Valley Fever Training Handout” and
Session(s) shall include the following:

A copy of all training
session materials,
handout(s), and
schedule shall be
provided to the
Community
Development
Department, Planning
and Permitting Division
Community
Development
Department, Planning
and Permitting Division
• A sign-in sheet (to include the printed employee
names, signature, and date) for all employees who
attended the training session.
• Distribution of a written flier or brochure that
includes educational information regarding the
health effects of exposure to criteria pollutant
emissions and Valley Fever.
• Training on methods that may help prevent Valley
Fever infection.
• A demonstration to employees on how to use
personal protective equipment, such as respiratory
equipment (masks), to reduce exposure to

Page 1 ends

MITIGATION MONITORING PLAN (Exhibit B)
General Plan Amendment No. 23-001 / Zone Change No. 23-001 Tentative Tract Map No. 23-003 (84221) (Site Plan Review No. 17-003) VERIFICATION OF COMPLIANCEMit.

No.

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

Page 2 ends

MITIGATION MONITORING PLAN (Exhibit B)
General Plan Amendment No. 23-001 / Zone Change No. 23-001 Tentative Tract Map No. 23-003 (84221) (Site Plan Review No. 17-003) VERIFICATION OF COMPLIANCEMit.

No.

Mitigation Measure/
Conditions of Approval
Monitoring Milestone
(Frequency)
Method of
Verification
Party Responsible
for Monitoring Initials Date Remarks
radios, for use in enclosed cabs.
• Require National Institute for Occupational Safety
and Health (NIOSH)-approved half-face respirators
equipped with minimum N-95 protection factor for
use during worker collocation with surface
disturbance activities, as required per the hazard
assessment process.
• Cause employees to be medically evaluated, fit-
tested, and properly trained on the use of the
respirators, and implement a full respiratory
protection program in accordance with the
applicable Cal/OSHA Respiratory Protection
Standard (8 CCR 5144).
• Provide separate, clean eating areas with hand-
washing facilities.
• Install equipment inspection stations at each
construction equipment access/egress point.

Examine construction vehicles and equipment for
excess soil material and clean, as necessary,
before equipment is moved off-site.
• Train workers to recognize the symptoms of Valley
Fever, and to promptly report suspected symptoms
of work-related Valley Fever to a supervisor.
• Work with a medical professional to develop a
protocol to medically evaluate employees who
develop symptoms of Valley Fever.
• Work with a medical professional, in consultation
with the Los Angeles County Public Health, to
develop an educational handout for on-site workers

Page 3 ends

MITIGATION MONITORING PLAN (Exhibit B)
General Plan Amendment No. 23-001 / Zone Change No. 23-001 Tentative Tract Map No. 23-003 (84221) (Site Plan Review No. 17-003) VERIFICATION OF COMPLIANCEMit.

No.

Mitigation Measure/
Conditions of Approval
Monitoring Milestone
(Frequency)
Method of
Verification
Party Responsible
for Monitoring Initials Date Remarks
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 Community Development 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 Community Development
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.

Page 4 ends

MITIGATION MONITORING PLAN (Exhibit B)
General Plan Amendment No. 23-001 / Zone Change No. 23-001 Tentative Tract Map No. 23-003 (84221) (Site Plan Review No. 17-003) VERIFICATION OF COMPLIANCEMit.

No.

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

BIOLOGICAL RESOURCES
2 A nesting bird survey shall be conducted by a qualified Prior to the start of biologist within 14 days prior to the start of construction/ground A copy of the nesting
bird preconstruction
Community
Development
construction/ground disturbing activities. If active bird disturbing activities and survey results shall be Department, Planning nests are identified during the survey, the applicant the issuance of any provided to the City of and Permitting Division shall contact the California Department of Fish and construction related Lancaster.

Wildlife to determine the appropriate permits.
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
nests. A qualified biologist shall periodically monitor any active bird nests to determine if project-related
activities occurring outside the “no-disturbance” buffer disturbs the birds and if the buffer shall be increased.

Once the young have fledged and left the nest, or the
nest otherwise becomes inactive under natural
conditions, project activities within the “no-disturbance” buffer may occur following an additional survey by the
qualified biologist to search for any new bird nests in the restricted area.
3 A pre-construction burrowing owl clearance survey Prior to the start of shall be conducted no more than 30 days prior to any construction/ground A copy of the
burrowing owl
Community
Development
vegetation removal or ground disturbing activities to disturbing activities and preconstruction survey Department, Planning avoid impacts to burrowing owls and/or occupied the issuance of any burrows. The pre-construction clearance survey shall construction related be conducted by a qualified biologist and in permits.
accordance with the methods outlined in the Staff
results shall be
provided to the City of
Lancaster.
and Permitting Division
Report on Burrowing Owl Mitigation (California
Department of Fish and Game 2012). Documentation
of surveys and findings shall be submitted to the City
of Lancaster for review and file. If no burrowing owls or

Page 5 ends

MITIGATION MONITORING PLAN (Exhibit B)
General Plan Amendment No. 23-001 / Zone Change No. 23-001 Tentative Tract Map No. 23-003 (84221) (Site Plan Review No. 17-003) VERIFICATION OF COMPLIANCEMit.

No.

Mitigation Measure/
Conditions of Approval
Monitoring Milestone
(Frequency)
Method of
Verification
Party Responsible
for Monitoring Initials Date Remarks
occupied burrows are detected, project activities may
begin, and no additional avoidance and minimization
measures shall be required.

CULTURAL RESOURCES
In the event that cultural resources are discovered4 During construction/ ground disturbing
activities.

Applicant shall contact Community
the City of Lancaster Development
and applicable tribes to Department, Planning
notify them if resources and Permitting Division
are encountered.
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 Fernandeno Tataviam Band of
Mission Indians (FTBMI) and 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.

Page 6 ends

MITIGATION MONITORING PLAN (Exhibit B)
General Plan Amendment No. 23-001 / Zone Change No. 23-001 Tentative Tract Map No. 23-003 (84221) (Site Plan Review No. 17-003) VERIFICATION OF COMPLIANCEMit.

No.

Mitigation Measure/
Conditions of Approval
Monitoring Milestone
(Frequency)
Method of
Verification
Party Responsible
for Monitoring Initials Date Remarks
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
5 During construction/
ground disturbing
activities.

Submittal of a Community
Development
Department, Planning
and Permitting Division
Monitoring and
Treatment Plan;
archaeological
monitoring for
remainder of
construction activities.
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.
6 During construction/
ground disturbing
activities.

The City of Lancaster
and County Coroner
shall be immediately
notified in the event
that human remains,
potential human
remains, or funerary
objects are discovered
during any activities
associated with the
project.

Community
Development
Department, Planning
and Permitting Division
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.
7 During construction/
ground disturbing
activities.

Applicant shall contact Community
the City of Lancaster Development
and applicable tribes to Department, Planning
notify them if resources and Permitting Division
are encountered.

Page 7 ends

MITIGATION MONITORING PLAN (Exhibit B)
General Plan Amendment No. 23-001 / Zone Change No. 23-001 Tentative Tract Map No. 23-003 (84221) (Site Plan Review No. 17-003) VERIFICATION OF COMPLIANCEMit.

No.

Mitigation Measure/
Conditions of Approval
Monitoring Milestone
(Frequency)
Method of
Verification
Party Responsible
for Monitoring Initials Date Remarks
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.
8 During construction and Submittal of any Community
Developmentat project occupancy. records created for
resources encountered Department, Planning
on the project site
during construction to
the YSMN.
and Permitting Division
The Lead Agency and/or applicant shall, in good faith,
consult with FTBMI on the disposition and treatment of
any Tribal Cultural Resource encountered during all
ground disturbing activities. Avoidance and
preservation in place are the preferred treatment of
Tribal Cultural Resources associated with this site.
9 During construction/
ground disturbing
activities.

Applicant shall contact ommunity
the City of Lancaster Development
and applicable tribes to Department, Planning
notify them if resources and Permitting Division
are encountered.

GEOLOGY AND SOILS
10 The applicant shall submit the required Construction Prior to issuance of Excavation Fee to the Antelope Valley Air Quality grading and/or Management District (AVAQMD) prior to the issuance construction permits. of any grading and/or construction permits. This
includes compliance with all prerequisites outlined in
District Rule 403, Fugitive Dust, including submission
The applicant shall
submit a Dust Control
Plan to the Antelope
Valley Air Quality
Management District.

The approved plan
shall be submitted to
the City of Lancaster.

Antelope Valley Air
Quality Management
District, Public Works
Department, and
Community
Development
Department, Planning
and Permitting Division
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
11 Construction operations shall not occur between 8 During construction. 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.

Field Inspection. Community
Development
Department, Planning
and Permitting Division

Page 8 ends

MITIGATION MONITORING PLAN (Exhibit B)
General Plan Amendment No. 23-001 / Zone Change No. 23-001 Tentative Tract Map No. 23-003 (84221) (Site Plan Review No. 17-003) VERIFICATION OF COMPLIANCEMit.

No.

Mitigation Measure/
Conditions of Approval
Monitoring Milestone
(Frequency)
Method of
Verification
Party Responsible
for Monitoring Initials Date Remarks
12 The on-site construction supervisor shall have the Prior to construction/ responsibility and authority to receive and resolve during construction complaints. A clear appeal process to the owner shall
be established prior to construction commencement
that will allow for resolution of noise problems that
Contact information for Community
the on-site construction Development
supervisor and a clear Department, Planning
appeal process that will and Permitting Division
allow for reduction of
cannot be immediately solved by the site supervisor. noise problems shall be provided to the City
of Lancaster.
13 14
15 16
17 Electrically powered equipment shall be used instead During construction. of pneumatic or internal combustion power equipment,
where feasible.

Field Inspection.

Field inspection.

Community
Development
Department, Planning
and Permitting Division
Material stockpiles and mobile equipment staging, During construction. parking and maintenance areas shall be located as far
away as practicable from noise sensitive receptors.

Community
Development
Department, Planning
and Permitting Division
The use of noise producing signals, including horns, During construction. whistles, alarms, and bells shall be for safety warning purposes only.

Community
Development
Department, Planning
and Permitting Division
No project-related public address or music system During construction. shall be audible at any adjacent receptor.

Community
Development
Department, Planning
and Permitting Division
All noise producing construction equipment and During construction. vehicles using internal combustion engines shall be
equipped with mufflers, air-inlet silencers where
appropriate, and other shrouds, shields, or other
noise-reducing features in good operating condition
that meets or exceeds original factory specifications.

Community
Development
Department, Planning
and Permitting Division

Page 9 ends

MITIGATION MONITORING PLAN (Exhibit B)
General Plan Amendment No. 23-001 / Zone Change No. 23-001 Tentative Tract Map No. 23-003 (84221) (Site Plan Review No. 17-003) VERIFICATION OF COMPLIANCEMit.

No.

Mitigation Measure/
Conditions of Approval
Monitoring Milestone
(Frequency)
Method of
Verification
Party Responsible
for Monitoring Initials Date Remarks
Mobile or fixed “package” equipment (e.g., arc-
welders, air compressors, etc.) shall be equipped with
shrouds and noise controls features that are readily
available for the type of equipment.
18 The construction of the residences in both Phase I and Prior to the issuance of Phase II shall follow the recommendations of the noise building permits for the study (with the exception of the 7-foot walls) to ensure residences in either that interior noise levels meet acceptable standards. Phase I or Phase II Alternatively, the developer can proposed substitute (future) of the project. recommendations and provide proof that they will
Specific measures
shall be included in the Development
Community
building plans along
with documentation
that the resulting
interior noise levels will Inspectors
meet acceptable
Department, Planning
and Permitting Division
– Plan Checkers and
achieve the same results.
standards.

Page 10 ends

ORDINANCE NO.

AN ORDINANCE OF THE CITY OF LANCASTER,
CALIFORNIA, AMENDING THE CITY ZONING PLAN FOR 45

GROSS ACRES OF LAND LOCATED ON THE WEST SIDE OF

THE CITY COUNCIL OF THE CITY OF LANCASTER, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1.

Ordinance.

The foregoing Recitals are true, correct and a substantive part of this Section 2. The City Council hereby makes the following findings:
a.
b.
c.

That modified conditions warrant a revision in the zoning plan as it pertains to the area or district under consideration; and 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

Ordinance No.

Page 2 ends

d. That placement of the proposed zone at such location will be in the interest of public health, safety and general welfare and in conformity with good zoning practice
Section 3.

Section 4.

The subject property is reclassified from MDR and PK to MDR.

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.

Ordinance No.

Page 3 ends

I, Andrea Alexander, City Clerk of the City of Lancaster, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading on the ________ day of ____________, ______, and placed upon its second reading and adoption at a regular meeting of the City Council on the _______ day of __________, ______, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________

ANDREA ALEXANDER
City Clerk
______________________________
R. REX PARRIS
Mayor
City of Lancaster City of Lancaster

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

CITY OF LANCASTER
}
}ss
}

CERTIFICATION OF ORDINANCE

WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of ________________, ________.
(seal)
___________________________________

L=20.42, R=13.0
L=27.49, R=17.5
N00° 08' 29.48"W50.725L=20.42, R=13.0
243.604 N89° 53' 10.02"E' ' 570.354
' ' ' ' '
'' '
' '
'
' ' ' ' ' ' ' '
'
' ' ' ' ' '' ' ' ' ' ' ' '
' '
'
'
'
'
'
'
' ' ' ' ' ' ' ' ' ' ' ' ''
'
' ' ' ' ' ' ' ' ' ' ' ' ''
'
' ' ' ' ' ' ' ' ' ' ' ' ''
'
'
' ' ' ' ' '' ' ' ' ' ' ' '
'
'
'
' ' ' ' ' ' '' ' ' ' ' ' ' ' '
''' ' ' ' ' ' ' '' ' ' ' ' ' ' '
N07° 34' 48.88"W258.200
'' ' ' ' ' ' '' ' ' ' ' ' ' '
119 W. HYDE PARK BLVD.INGLEWOOD, CA 90302Phone: 424-351-6800

Parcel Table
Parcel # Area
Parcel Table
Parcel # Area
Parcel Table
Parcel # Area
Parcel Table
Parcel # Area1
2 6500.00
6100.00
6100.00
6100.00
6100.00
6100.00
6100.00
6600.00
8053.94
7561.35
7564.28
7567.22
7570.15
8069.79
8264.02
6580.62
6534.01
6487.40
6440.79
6394.18
6347.57
6300.96
6662.85
6618.19
6149.44
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 49
50 6147.81
6146.18
6144.54
6142.91
7147.89
6136.00
6134.28
6132.65
6131.01
6129.38
6127.74
6125.04
7026.72
6500.00
6100.00
6100.00
6100.00
6100.00
6100.00
6100.00
6100.00
6100.00
6100.00
6100.00
6100.00
51 52
53 54
55 56
57 58
59 60
61 62
63 64
65 66
67 68
69 70
71 72
73 74
75 6100.00
6100.00
6500.00
6500.00
6100.00
6100.00
6100.00
6100.00
6100.00
6100.00
6100.00
6100.00
6100.00
6100.00
6100.00
6100.00
6100.00
6500.00
6500.00
6100.00
6100.00
6100.00
6100.00
6100.00
6100.00
76 77
78 79
80 81
82 83
84 85
86 87
88 89
90 91
92 93
94 95
96 97
98 6100.00
6100.00
6100.00
6100.00
6100.00
6100.00
6100.00
6500.00
6500.00
6100.00
6100.00
6100.00
6100.00
6100.00
6100.00
6100.00
6100.00
6100.00
6100.00
6100.00
6100.00
6100.00
6500.00
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 119 W. HYDE PARK BLVD.INGLEWOOD, CA 90302Phone: 424-351-6800

L=20.42, R=13.0
L=27.49, R=17.5
N00° 08' 29.48"W50.725L=20.42, R=13.0
243.604 N89° 53' 10.02"E' ' 570.354
' ' ' ' '
'' '
' '
'
' ' ' ' ' ' '
'
' ' ' ' ' '' ' ' ' ' ' ' ' '
' '
'
'
'
'
'
'
' ' ' ' ' ' ' ' ' ' ' ' ''
'
' ' ' ' ' ' ' ' ' ' ' ''
'
' ' '' ' ' ' ' ' ' ' ' ' '
'
'
' ' ' ' ' '' ' ' ' ' ' ' ' '
'
'
'
' ' ' ' ' ' '' ' ' ' ' ' ' ' '
''' ' ' ' ' ' '' ' ' ' ' ' ' '
N07° 34' 48.88"W258.200
'' ' ' ' ' ' ' '' ' ' ' ' ' '
119 W. HYDE PARK BLVD.INGLEWOOD, CA 90302Phone: 424-351-6800

2330 23302330 2330
2320 23202320 2320SECTION A-ASCALE - H: 1"=20'; V: 1"=4' SECTION B-BSCALE - H: 1"=20'; V: 1"=4'
2330 2330
2330 2330
2320
2315
2320
2315
2320 2320
SECTION D-DSCALE - H: 1"=20'; V: 1"=4'
SECTION C-CSCALE - H: 1"=20'; V: 1"=4'
2330
2320
2310
23302330
2320
2310
2330
2320
2310
2320
2310
SECTION G-GSCALE - H: 1"=20'; V: 1"=4'
SECTION E-ESCALE - H: 1"=20'; V: 1"=4'
2330
2320
2310
2330
2320
119 W. HYDE PARK BLVD.INGLEWOOD, CA 90302Phone: 424-351-6800 2310
SECTION F-FSCALE - H: 1"=20'; V: 1"=4'

L=20.42, R=13.0
L=27.49, R=17.5
N00° 08' 29.48"W50.725L=20.42, R=13.0 181.983 168.158
' ' 570.354
' ' ' '
'
'
' '
'
' ' ' ' ' ' ' '
'
' ' ' ' ' '' ' ' ' ' ' ' '
' '
'
' ' ' ' '' ' ' ' ' ' ' ' '
''
' ' ' ' '' ' ' ' ' ' ' '
'
'
'
'
' ' ' ' ' '' ' ' ' ' ' ' '
'
'
' ' ' ' '' ' ' ' ' ' ' ' '
'
'
'
' ' ' ' ' ' '' ' ' ' ' ' ' '
''' ' ' ' ' ' ' '' ' ' ' ' ' ' '
N07° 34' 48.88"W258.200
'' ' ' ' ' ' '' ' ' ' ' ' ' '
119 W. HYDE PARK BLVD.INGLEWOOD, CA 90302Phone: 424-351-6800

119 W. HYDE PARK BLVD.INGLEWOOD, CA 90302Phone: 424-351-6800

City of LancasterInitial Study1.

2. Project title and File Number:

Lead agency name and address:

Site Plan Review No. 23-009Tentative Tract Map No. 23-003 (84221)General Plan Amendment No. 23-001Zone Change No. 23-001City of LancasterCommunity Development DepartmentPlanning and Permitting Division44933 Fern Avenue Lancaster, California 935343.

4. Contact person and phone number: Jocelyn Swain, Senior PlannerCity of LancasterCommunity Development Department(661) 723-6100Location: ±45 acres on the west side of SierraHighway between Avenue H and AvenueH-8(APNs:)(see Figure 1)5.

6. 7.

Applicant name and address:

General Plan designation:

Zoning:

Maison’s Sierra Phase 1, LPKevin Harbinson2007 Cedar AvenueManhattan Beach, CA 90266Existing: Multi-Residential (MR1) and OpenSpace (O)Proposed: Multi-Residential (MR1)Existing: Moderate Density Residential(MDR) and Park (PK)Proposed: Moderate Density Residential(MDR) Rev. 23/18/10

HNR-4Initial StudyPage 28. Description of project:The applicant (Maison’s Sierra Phase I, LP) proposes to construct and operate a 2-phase, 100%affordable, private, gated housing development. All units within the development would be rentalunits. Phase I consists of a 196-unit development. Each lot within the project would contain aprimary residence and an accessory dwelling unit with off street parking. Additionally, openspace/recreational facilities including a pool would be provided throughout the community, anadditional parking facility would be provided for the adjacent Mariposa Park, and a drainagebasin would be provided at the northwest corner of the development. Access to the developmentwould be from two driveways along Sierra Highway. Phase II would be developed after Phase Iand includes up to 303 affordable units for seniors with similar amenities as Phase I.

As part of the proposed project, a tentative tract map, general plan amendment and zone changehave also been requested. The tentative tract map would subdivide the subject property into thenecessary number of lots to accommodate the units in Phase I and Phase II along with the openand common space lots. A total of 99 residential lots and 7 common spaces lots would be cratedfor Phase 1 and one large remainder lot would be created for Phase 2. The general plandesignation and zoning on the subject property is currently a of residential and park zoning; thegeneral plan amendment would change the designation across the entire site to MR1 (Multi-Residential 1) and the zoning to MDR (Moderate Density Residential).

9. Surrounding land uses and setting:The project site is located on the west side of Sierra Highway between Avenue H and Avenue H-8 and is vacant. The property to the south is developed with Whit Carter Park with portions ofthe park area undeveloped for future amenities and/or drainage basin. The property to the west isdeveloped with single family residences, Mariposa Park and Mariposa Elementary School. Theproperty to the north is developed predominantly with single-family residences with a portion atthe southwest corner of Avenue H and Sierra Highway vacant. Sierra Highway forms theimmediate eastern boundary of the project site followed by a thin strip of vacant land beyondwhich is the Union Pacific Railroad line. Vacant land and various industrial uses exist east of therailroad line. North of Avenue H is the BYD bus manufacturing facility, City of LancasterMaintenance Yard, and Catepillar equipment rental facility. At the southwest corner of Avenueand Sierra Highway is a city-maintained drainage basin. Further north, there are a scattering ofother uses including solar facilities; however, most of the land is vacant. The general area southand west of the project site is fairly developed with a mix of residential, commercial,recreational, and school uses including the City’s Downtown and the Lancaster Metrolink stationon Sierra Highway just south of Avenue I. The general area to the east has more vacant property;it is predominantly developed with many of the same uses. 2019 Update

HNR-4Initial StudyPage 3
Figure 1, Project Location Map
2019 Update

HNR-4Initial StudyPage 4
Figure 2, Conceptual Site Plan2019 Update

HNR-4Initial StudyPage 5 Table 1Zoning/Land Use InformationZoningDirectionNorthEast CityR-7,000HI
CountyN/AN/A
Land UseVacant, single- family residencesSierra Highway, vacant land, railroadWhit Carter Park South PK N/AWest R-7,000,S
N/A Single-family residences, Mariposa ElementarySchool and ParkHI - Heavy Industrial; S - School

10. Other public agencies whose approval is required (e.g., permits, financing approval, orparticipation agreement.)Approvals from other public agencies for the proposed project include, but are not limited to, thefollowing:• California Department of Fish and Wildlife (CDFW)• Antelope Valley Air Quality Management District (AVAQMD)• Los Angeles County Waterworks District #40• Los Angeles County Sanitation District #14• Los Angeles County Fire Department • Southern California Edison11. Have California Native American tribes traditionally and culturally affiliated with the projectarea requested consultation pursuant to Public Resources Code Section 21080.3.1? If so, is therea plan for consultation that includes, for example, the determination of significance of impacts totribal cultural resources, procedures regarding confidentiality, etc.? In accordance with Assembly Bill (AB) 52, consultation letters for the proposed project were sentto three individuals associated with three tribes which have requested to be included in theprocess. These letters were mailed via certified return receipt mail and included copies of the siteplan and available cultural resources reports. Table 2 identifies the tribes, the person to whom theletter was directed, and the date the letter was received.

Table 2Tribal NotificationTribe Person/Title Date ReceivedFernandeno Tataviam Band of MissionIndians Sarah Brunzell, Manager September 16, 2023Gabrieleno Band of Mission Indians – KizhNationYuhaaviatam of San Manuel Nation Andrew Salas, Chairman September 16, 2023
September 16, 2023
Ryan Nordness, Cultural ResourceAnalyst
2019 Update

HNR-4Initial StudyPage 6Responses were received from the Fernandeno Tataviam Band of Mission Indians (FTBMI) andthe Yuhaaviatam of San Manuel Nation (YSMN). No specific tribal cultural resources have beenidentified. The YSMN has requested specific measures be included and these are identified in thecultural resources section. The AB 52 process with the FTBMI is ongoing. At the conclusion ofthe AB 52 process, all agreed upon measures will be included in the conditions of approval. 2019 Update

HNR-4Initial StudyPage 7ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:The environmental factors checked below would be potentially affected by this project, involving at leastone impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages.Aesthetics __ Agriculture and Forestry __ Air QualityResources __
Biological Resources
Geology/Soils
__ Cultural Resources __ Energy__
__ __ Greenhouse Gas Emissions __ HazardsMaterials
& HazardousHydrology/Water Quality
Noise
__ Land Use/Planning
__ Population/Housing
__ Transportation
__ Wildfire
__ Mineral Resources__
__
__
__
__ Public ServicesRecreation __ Tribal Cultural ResourcesUtilities/Service Systems __ Mandatory Findings ofSignificance DETERMINATION: On the basis of this initial evaluation:____ I find that the proposed project COULD NOT have a significant effect on the environment, and aNEGATIVE DECLARATION will be prepared.__X__ I find that although the proposed project could have a significant effect on the environment, therewill not be a significant effect in this case because revisions in the project have been made by oragreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will beprepared.____ I find that the proposed project MAY have a significant effect on the environment, and anENVIRONMENTAL IMPACT REPORT is required.____ I find that the proposed project MAY have a “potentially significant impact” or “potentiallysignificant unless mitigated” impact on the environment, but at least one effect 1) has beenadequately analyzed in an earlier document pursuant to applicable legal standards, and 2) hasbeen addressed by mitigation measures based on the earlier analysis as described on attachedsheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only effectsthat 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 orNEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided ormitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions ormitigation measures that are imposed upon the proposed project, nothing further is required.

October 10, 2023_ _____ ___________________DateJocelyn Swain, Senior Planner2019 Update

HNR-4Initial StudyPage 8EVALUATION OF ENVIRONMENTAL IMPACTS:1) A brief explanation is required for all answers except “No Impact” answers that are adequatelysupported by the information sources a lead agency cites in the parentheses following eachquestion. A “No Impact” answer is adequately supported if the referenced information sourcesshow that the impact simply does not apply to projects like the one involved (e.g., the projectfalls outside a fault rupture zone). A “No Impact” answer should be explained where it is basedon project-specific factors as well as general standards (e.g., the project will not expose sensitivereceptors 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 asoperational impacts.Once the lead agency has determined that a particular physical impact may occur, then thechecklist answers must indicate whether the impact is potentially significant, less than significantwith mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there issubstantial evidence that an effect may be significant. If there are one or more “PotentiallySignificant Impact” entries when the determination is made, an EIR is required. 4)
5)
“Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where theincorporation 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, andbriefly explain how they reduce the effect to a less than significant level (mitigation measuresfrom “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 CEQAprocess, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section15063(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 werewithin the scope of and adequately analyzed in an earlier document pursuant to applicablelegal standards, and state whether such effects were addressed by mitigation measuresbased on the earlier analysis.c. Mitigation Measures. For effects that are “Less Than Significant with MitigationMeasures Incorporated,” describe the mitigation measures which were incorporated orrefined from the earlier document and the extent to which they address site-specificconditions for the project.6) Lead agencies are encouraged to incorporate into the checklist references to information sourcesfor potential impacts (e.g., general plans, zoning ordinances). Reference to a previously preparedor outside document should, where appropriate, include a reference to the page or pages w3herethe statement is substantiated. 2019 Update

HNR-4Initial StudyPage 97)
8)
Supporting Information Sources: A source list should be attached, and other sources used orindividuals contacted should be cited in the discussion.This is only a suggested form, and lead agencies are free to use different formats; however, leadagencies should normally address the questions from this checklist that are relevant to a project’senvironmental 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. 2019 Update

HNR-4Initial StudyPage 10
Less ThanSignificantWith
PotentiallySignificantImpact
Less ThanSignificantImpact
NoImpactMitigationI. AESTHETICS. Except as provided in Public ResourcesCode Section 21099, would the project:a) Have a substantial adverse effect on a scenic vista? X Xb) Substantially damage scenic resources, including, butnot limited to, trees, rock outcroppings, and historicbuildings with a state scenic highway?c) In non-urbanized areas, substantially degrade theexisting visual character or quality or public views ofthe site and its surroundings? (Public views are thosethat are experienced from publicly accessible vantagepoint). If the project is in an urbanized area, would theproject conflict with applicable zoning and otherregulations governing scenic quality? X
Xd) Create a new source of substantial light or glare whichwould adversely affect day or nighttime views of thearea? a. The City of Lancaster General Plan identifies five scenic areas in the City and immediatelysurrounding area (LMEA Figure 12.0-1). Views of these scenic areas are not generally visiblefrom the project site or the immediately surrounding roadways. However, views of the opendesert and mountains surrounding the Antelope Valley are available from the project site andnearby roadways (Avenue H, Sierra Highway). The proposed project is a two-phased, 100%affordable residential development. Phase I consists of the development of 196 residential units(both primary residences and accessory dwelling units) while Phase II consists of up to 303residential units for seniors. Both phases will include paseos, open space areas and recreationalamenities including community buildings and pools. This development will look similar inappearance to the residential uses adjacent to the project site. With implementation of theproposed project, the available views would not change and would continue to be available fromthe surrounding roadways and project site. Therefore, no impacts would occur. b. The project site is not located along any designated State Scenic Highways. There are no Statedesignated scenic routes or highways within the City of Lancaster and Sierra Highway andAvenue H are also not considered locally scenic highways/roadways. The project site is currentlyvacant and does not contain any historic buildings or rock outcroppings. The project site doescontain some trees including elm and cottonwood. These trees would be removed during 2019 Update

HNR-4Initial StudyPage 11construction; however, they would be replaced with other trees associated with the proposedproject. Since the project is not located along a scenic highway, no impacts would occur.c. d.

The proposed project is consist with the zoning code as it pertains to this use and zone (see Landand Planning Section) with the approval of the general plan amendment and zone change. Thedevelopment of both phases of the proposed project would also be in conformance the City’sDesign Guidelines which were adopted on December 8, 2009 (updated on March 30, 2010).These guidelines provide the basis to achieve quality design for all development within the City.Additionally, the proposed project would also comply with the City’s recently adopted ObjectiveDesign Standards. Therefore, impacts would be less than significant.

No lighting is generated currently on the project site. The ambient lighting in the vicinity of theproject site is moderate to high due to street lights, vehicle headlights, residential/securitylighting from the neighboring residential, schools, and parks, and nearby commercial/industrialuses. Light and glare would be generated from the proposed project in the form of additionalstreet lighting, residential light and motor vehicles. All street lighting within the proposeddevelopment would be shielded and focused downward onto the project site. Additionally, theproposed development would not produce substantial amounts of glare as the development wouldbe constructed primarily from non-reflective materials. Therefore, impacts would be less thansignificant. 2019 Update

HNR-4Initial StudyPage 12
Less ThanSignificantWith
PotentiallySignificantImpact
Less ThanSignificantImpact
NoImpactMitigationII. AGRICULTURE AND FORESTRY RESOURCES. Indetermining whether impacts to agricultural resourcesare significant environmental effects, lead agencies mayrefer to the California Agricultural Land Evaluation andSite Assessment Model (1997) prepared by the California Department of Conservation as an optionalmodel to use in assessing impacts on agriculture andfarmland. In determining whether impacts to forestresources, including timberland, are significantenvironmental effects, lead agencies may refer toinformation compiled by the California Department ofForestry and Fire Protection regarding the state’sinventory of forest land, including the Forest and RangeAssessment Project and the Forest Legacy Assessmentproject; and forest carbon measurement methodologyprovided in Forest Protocols adopted by the CaliforniaAir Resources Board. Would the project:
a) Convert Prime Farmland, Unique Farmland, orFarmland of Statewide Importance (Farmland), as shownon the maps prepared pursuant to the Farmland Mappingand Monitoring Program of the California ResourcesAgency, to non-agricultural use? X
Xb) Conflict with existing zoning for agricultural use, or aWilliamson Act contract?c) Conflict with existing zoning for, or cause rezoning of,forest land (as defined in Public Resources Code Section12220(g)), timberland (as defined in Public ResourcesCode Section 4526), or timberland zoned TimberlandProduction (as defined by Government Code Section51104(g))? X
d) Result in the loss of forest land or conversion of forestland to non-forest use? X
X
e) Involve other changes in the existing environmentwhich, due to their location or nature, could result inconversion of Farmland, to non-agricultural use orconversion of forest land to non-forest use? 2019 Update

HNR-4Initial StudyPage 13a. The California Department of Conservation, Division of Land Resource Protection, FarmlandMapping and Monitoring Program (FMMP) tracks and categorizes land with respect toagricultural resources. Land is designated as one of the following and each has a specificdefinition: Prime Farmland, Farmland of Statewide Importance, Unique Farmland, Farmland ofLocal Importance, Grazing, Urban and Built-Up Land, Other Land and Water.

The maps for each county are updated every two years. The Los Angeles County Farmland Mapwas last updated in 2018. Based on these maps, the project site is designated as Urban and Built-Up. Urban and Built-Up Land is defined as “Land occupied by structures with a building densityof at least 1 unit to 1.5 acres, or approximately 6 structures to a 10-acre parcel. This land is usedfor residential, industrial, commercial, construction, institutional, public administration, railroadand other transportation yards, cemeteries, airports, golf courses, sanitary landfills, sewagetreatment, water control structures, and other developed purposes.” As the project site is notdesignated as farmland of importance by the State nor is it currently utilized for agriculturalpurposes, no impact to agricultural resources would occur. b. The project site is currently zoned a mix of Moderate Density Residential (MDR) and Park (PK)and the entire site would be rezoned to MDR. Neither the MDR or PK zones allow foragricultural uses. Additionally, the project site is located in the central portion of the City whichis developed with a mix of residential, commercial, industrial, park, and school uses interspersedwith vacant undeveloped land. The surrounding property is R-7,000 (single family residential,minimum lot size 7,000 square feet), MDR, PK and LI/HI (Light Industrial/Heavy Industrial)none of which allow for agricultural uses or are under agricultural production. Additionally, theproject site and surrounding properties 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 locatedwithin the City of Lancaster. Therefore, the proposed project would not result in the rezoning offorest or timberland and would not cause the loss of forest land or the conversion of forest land tonon-forest land. Therefore, no impacts would occur.e. See responses to Items IIa-d. 2019 Update

HNR-4Initial StudyPage 14
Less ThanSignificantWith
PotentiallySignificantImpact
Less ThanSignificantImpact
NoImpactMitigationIII. AIR QUALITY. Where available, the significancecriteria established by the applicable air qualitymanagement district or air pollution control district maybe relied upon to make the following determinations.Would the project:
a) Conflict with or obstruct implementation of theapplicable air quality plan? X
b) Result in a cumulatively considerable net increase ofany criteria pollutant for which the project region is non-attainment under an applicable federal or state ambientair quality standard? X
X
c) Expose sensitive receptors to substantial pollutantconcentrations? X
d) Result in other emissions (such as those leading toodors) adversely affecting a substantial number ofpeople? a. Development proposed under the City’s General Plan would not create air emissions that exceedthe Air Quality Management Plan (GPEIR pgs. 5.5-21 to 5.5-22). The proposed project involvesa general plan amendment and zone change to change the portion of the site that is currentlydesignated Park to MDR. This would allow for the development of residential uses on allportions of the project site. While this is a different use than originally contemplated under thecurrent General Plan, the air emissions generated by the proposed project would be similar tothose that would have occur had the site been developed with a park use (see Section III.b andSection XI). Therefore, the proposed project would not conflict with or obstruct implementationof the Air Quality Management Plan and no impacts would occur. b. An air quality study was prepared for the proposed project by Rincon Consultants, Inc. anddocumented in a report entitled “Air Quality, TAC, and GHG Emissions Analysis for theMaison’s Sierra Project, Lancaster, Los Angeles County, California” and dated August 23, 2023.Construction and operational emissions for the entire proposed project were calculated using theCalifornia Emissions Estimator Model (CalEEMod). The proposed project would include allelectric appliances and would not consume natural gas. Solar photovoltaic (PV) panels would beinstalled on the roofs of the residential units and the project would include the required electricvehicle (EV) charging stalls. Construction of the project would commence in March of 2024 and 2019 Update

HNR-4Initial StudyPage 15would be completed in approximately 24 months. Construction staging and laydown areas wouldoccur within the project site and the dirt would be balanced on site.Table 3 provides the air districts air quality thresholds and Tables 4 and 5 provides theconstruction and operational emissions, respectively.Table 3AVAQMD Air Quality ThresholdsDaily ThresholdCriteria PollutantOxides of Nitrogen (NOx)Volatile Organic Compounds (VOC)Oxides of Sulfur (SOx) (Pounds) Annual Threshold (Tons)137137137
252525Particulate Matter (PM10)Particulate Matter (PM2.5)Carbon Monoxide (CO) 8265548548,000
1512100100,000Greenhouse Gases (CO2e)
Table 4Maximum Construction Emissions (tons per year)Pollutant Estimated Emissions Threshold (tpy) Exceed?NoROGNOX PM2.
5 COSO2
PM1
0 23 2525 No<14<11
1210025
NoNoNoNo15
Table 5Maximum Operational Emissions (tons per year)Pollutant Estimated Emissions Threshold (tpy) Exceed?NoROGNOX PM2.
5 COSO2
PM1
0 93 2525 No2 1210025
NoNoNoNo
30<14 15
2019 Update

HNR-4Initial StudyPage 16As shown in Table 4 and Table 5, the construction and operational emissions would be under thethresholds established by the Antelope Valley Air Quality Management District. As such,impacts would be less than significant.c. Sensitive receptors are defined as facilities or land uses that include members of the populationthat are particularly sensitive to the effects of air pollutants, such as children, the elderly, andpeople with illnesses. The California Air Resources Board has identified the following groups ofindividuals as most the likely to be affected by air pollution: the elderly over 65, children under14, athletes, and persons with cardiovascular and chronic respiratory diseases such as asthma,emphysema, and bronchitis. Residences, schools, daycare centers, playgrounds, medicalfacilities, among others, are considered sensitive receptor land uses by the AVAMQD.

According to the AVAQMD CEQA and Federal Conformity Guidelines, the following types ofprojects with sensitive receptors within the specified distance are required to prepare a HealthRisk Assessment:• Any industrial projects within 1,000 feet of a sensitive receptor land use; • Any distribution center (40 or more trucks per day) within 1,000 feet; • A major transportation project (50,000 or more vehicles per day) within 1,000 feet; • A dry cleaner using perchloroethylene within 500 feet; and • A gasoline dispensing facility within 300 feet.As the proposed project is not any of these types of projects, a health risk assessment is notrequired.Additionally, diesel particulate matter (DPM) exhaust emissions were identified in 1998 by theCalifornia Air Resources Board (CARB) as a toxic air contaminant. The CARB recommends thatoperational health risk assessments be conducted for developments resulting in sensitivereceptors being placed within 500 feet of an existing high-volume roadway which is defined as100,000 daily trips for urban roadways and 50,000 trips per day for rural roadways. Futureroadway trips on Avenue H are estimated to be 16,000 trips per day and 18,000 trips per day forSierra Highway. The future roadway volumes would be less than standards identified above andthe new residences would have filtration systems in compliance with Title 24. Therefore, noimpacts would occur.

However, since the construction of the proposed project would result in the disturbance of thesoil, it is possible individuals could be exposed to Valley Fever. Valley Fever orcoccidioidomycosis, is primarily a disease of the lungs caused by the spores of the Coccidioidesimmitis fungus. The spores are found in soils, become airborne when the soil is disturbed, andare subsequently inhaled into the lungs. After the fungal spores have settled in the lungs, theychange into a multicelluar structure called a spherule. Fungal growth in the lungs occurs as thespherule 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. Mostof those who are infected would recover without treatment within six months and would have a2019 Update

HNR-4Initial StudyPage 17life-long immunity to the fungal spores. In severe cases, especially in those patients with rapidand extensive primary illness, those who are at risk for dissemination of disease, and those whohave disseminated disease, antifungal drug therapy is used.Nearby sensitive receptors as well as workers at the project site could be exposed to Valley Feverfrom fugitive dust generated during construction. There is the potential that cocci spores wouldbe stirred up during excavation, grading, and earth-moving activities, exposing constructionworkers and nearby sensitive receptors to these spores and thereby to the potential of contractingValley Fever. However, implementation of Mitigation Measures 9 (see Geology and Soils)which requires the project operator to implement dust control measures in compliance withAVAQMD Rule 403, and implementation of Mitigation Measure 1, below, which would providepersonal protective respiratory equipment to construction workers and provide information toall construction personnel and visitors about Valley Fever, the risk of exposure to Valley Feverwould be minimized to a less than significant level.

Mitigation Measures1. Prior to ground disturbance activities, the project operator shall provide evidence to theDevelopment Services Director that the project operator and/or construction manager hasdeveloped a “Valley Fever Training Handout”, training, and schedule of sessions foreducation to be provided to all construction personnel. All evidence of the training sessionmaterials, handout(s) and schedule shall be submitted to the Development Services Directorwithin 24 hours of the first training session. Multiple training sessions may be conducted ifdifferent work crews will come to the site for different stages of construction; however, allconstruction personnel shall be provided training prior to beginning work. The evidencesubmitted to the Development Services Director regarding the “Valley Fever TrainingHandout” and Session(s) shall include the following:
• A sign-in sheet (to include the printed employee names, signature, and date) for allemployees who attended the training session.• Distribution of a written flier or brochure that includes educational informationregarding the health effects of exposure to criteria pollutant emissions and ValleyFever.• Training on methods that may help prevent Valley Fever infection.• A demonstration to employees on how to use personal protective equipment, such asrespiratory equipment (masks), to reduce exposure to pollutants and facilitaterecognition of symptoms and earlier treatment of Valley Fever. Where respirators arerequired, the equipment shall be readily available and shall be provided toemployees for use during work. Proof that the demonstration is included in the trainingshall be submitted to the county. This proof can be via printed trainingmaterials/agenda, DVD, digital media files, or photographs.

HNR-4Initial StudyPage 18County Public Health for review and comment. The Plan shall include a program toevaluate the potential for exposure to Valley Fever from construction activities and toidentify appropriate safety procedures that shall be implemented, as needed, to minimizepersonnel and public exposure to potential Coccidioides spores. Measures in the Plan shallinclude the following:• Provide HEP-filters for heavy equipment equipped with factory enclosed cabs capable ofaccepting the filters. Cause contractors utilizing applicable heavy equipment to furnishproof of worker training on proper use of applicable heavy equipment cabs, such asturning 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 workercollocation with surface disturbance activities, as required per the hazard assessmentprocess. • Cause employees to be medically evaluated, fit-tested, and properly trained on the use ofthe respirators, and implement a full respiratory protection program in accordance withthe 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, asnecessary, before equipment is moved off-site.• Train workers to recognize the symptoms of Valley Fever, and to promptly reportsuspected symptoms of work-related Valley Fever to a supervisor.• Work with a medical professional to develop a protocol to medically evaluate employeeswho develop symptoms of Valley Fever.• Work with a medical professional, in consultation with the Los Angeles County PublicHealth, to develop an educational handout for on-site workers and surroundingresidents within three miles of the project site, and include the following information onValley Fever: what are the potential sources/ causes, what are the commonsymptoms, what are the options or remedies available should someone be experiencingthese symptoms, and where testing for exposure is available. Prior to construction permitissuance, this handout shall have been created by the project operator and reviewed bythe project operator and reviewed by the Development Services Director. No less than30 days prior to any work commencing, this handout shall be mailed to all existingresidences within a specified radius of the project boundaries as determined by theDevelopment Services Director. The radius shall not exceed three miles and is dependentupon the location of the project site. • When possible, position workers upwind or crosswind when digging a trench orperforming other soil-disturbing tasks.• Prohibit smoking at the worksite outside of designated smoking areas; designated .3 2019 Update

HNR-4Initial StudyPage 19• smoking areas will be equipped with handwashing facilities.• Post warnings on-site and consider limiting access to visitors, especially those withoutadequate training and respiratory protection.• Audit and enforce compliance with relevant Cal OSHA health and safety standards onthe job site.d. Construction of the proposed project is not anticipated to produce significant objectionableodors. Construction equipment may generate some odors, but these odors would be similar tothose produced by vehicles traveling on Sierra Highway, Avenue H, and Avenue I. Mostobjectionable odors are typically associated with industrial projects involving the use ofchemicals, solvents, petroleum products and other strong-smelling elements used inmanufacturing processes, as well as sewage treatment facilities and landfills. These types of usesare not part of the proposed project. Odors may also be generated by typical residential activities(e.g., cooking, etc.). However, these odors are considered to be normal odors associated withresidential development and would be less than significant. There, impacts associated with odorswould be less than significant. 2019 Update

HNR-4Initial StudyPage 20
Less ThanSignificantWith
PotentiallySignificantImpact
Less ThanSignificantImpact
NoImpactMitigationIV. BIOLOGICAL RESOURCES. Would the project:a) Have a substantial adverse effect, either directly orthrough habitat modifications, on any species identifiedas a candidate, sensitive, or special status species inlocal or regional plans, policies, or regulations, or by theCalifornia Department of Fish and Game or U.S. Fishand Wildlife Service? X
b) Have a substantial adverse effect on any riparian habitator other sensitive natural community identified in localor regional plans, policies, regulations, or by theCalifornia Department of Fish and Game or U.S. Fishand Wildlife Service? X
c) Have a substantial adverse effect on State or federallyprotected wetlands (including, but not limited to, marsh,vernal pool, coastal, etc.) through direct removal, filling,hydrological interruption, or other means? X
X
d) Interfere substantially with the movement of any nativeresident or migratory fish or wildlife species or withestablished native resident or migratory wildlifecorridors, or impede the use of native wildlife nurserysites? e) Conflict with any local policies or ordinances protectingbiological resources, such as a tree preservation policy orordinance? X
X
f) Conflict with the provisions of an adopted HabitatConservation Plan, Natural Community ConservationPlan, or other approved local, regional, or state habitatconservation plan? a. A biological resources assessment of the project site was conducted by Mark Hagan anddocumented in a report entitled “2023 Biological Resources Assessment of 55 Acre Parcel,Lancaster, California” and dated May 1, 2023. This report included the project site andapproximately 10 vacant acres that are part of Whit Carter Park.A survey of the project site was conducted on April 27, 28, and 29, 2023 by walking a total of 45pedestrian transects. These transects were walked in both east/west and north/south directions.2019 Update

HNR-4Initial StudyPage 21The north-south transects ranged between 290 and 1,750 feet in length while the east-westtransects ranged in length from 195 to 1,290 feet depending upon the portion of the site beingsurveyed. The project site is characteristic of a heavily disturbed lot with a few patches of four-wing saltbush and rabbit brush. Some willows and cottonwood trees were observed during thesurvey. A total of 52 plant species and 29 wildlife species were observed on site and listed inTables 6 and 7, respectively.

Table 6Observed Plant SpeciesCottonwood tree (Populusfremontii) American Elm (Ulmusamericana)
Salt cedar (Tamarixramosissima)Locust (Robinia sp.)Rabbit brush (Chrysothamnusnauseosis) Willow (Salix sp.)Four-wing saltbush (Atriplexcanescens) Shadscale (Atriplex confertifolia)Common tarweed (Hemizoniapungens)Arrow scale (Atriplexphyllostegia) Desert straw (Stephanomeriapauciflora)
Spreading alkaliweed (Cressatruxillensis)Fremont pincushion (Chaenactis Cheeseweed (small mallow) Desert dandelion (Malacothrixglabrata)fremontii)Comet blazing star (Mentzeliaalbicaulis) (Malva parviflora)Snakeshead (Malacothrixcoulteri)
Woody bottlewasher(Camissonia boothii)Gilia (Gilia minutiflora)Small flowered forget-me-not(Cryptantha sp) Silver puff (Uropappus lindleyi) Tidy tips (Layia platyglossa)Comb-bur (Pectocaryarecurvata) Fiddleneck (Amsinckiatessellate)Goldfields (Lastheniacalifornica) Black-eyed susan (Rudbeckiahirta)
Common tarweed (Hemizoniapungens)Russian knapweed (Rhaponticum Pineapple weed (Matricaria Tansy mustard (Sisymbriumaltisissiimum)repens) discoidea)Hairy podded pepperweed(Lepidium lasiocarpumlasiocarpum) Perennial pepperweed (Lepidium Heart podded whitetoplatifolium) (Lepidium draba)Cattail (Typha sp)Bermuda grass (Cynodondactylon) Juncus (Juncus sp)Squirrel tail grass (Hordeumjubatum)
Russian thistle (Salsola iberica)Five-hook bassia (Bassiahyssopifolia)Saltgrass (Distichlis spicata)Red stemmed filaree (Erodiumcicutarium) Parry saltbush (Atriplex parri)Foxtail barley (Hordeumleporinum) Schismus (Schismus sp)Annual burweed (Franseriaacanthicarpa)Red brome (Bromus rubens)Clover (Family: Fabaceae) Cheatgrass (Bromus tectorum)Bunch grass, ornamental(Family: Poaceae) Ripgut grass (Bromus diandrus)Tree, ornamental
2019 Update

HNR-4Initial StudyPage 22 Table 7Observed Animal SpeciesRodents (Order: Rodentia)California ground squirrel(Citellus beecheyi) Kangaroo rat (Dipodomys sp.)Desert cottontail (Sylvilagusaububoni) Domestic dog (Canis familiaris)Pocket gopher (Thomomysbottae)Domestic cat (Felis catus)Mourning dove (Zenaidamacroura)Northern mockingbird (mimuspolyglottos) Common raven (Corvus corax)Ash-throated flycatcher(Myiarchus cinerascens)European starling (Sturnusvulgaris) Rock dove (Columba livia)House finch (Carpodacusmexicanus)House sparrow (Passerdomesticus) Say’s phoebe (Sayornis saya) Side botched lizard (Utastansburiana) Dragonfly (Order: Odonata)Painted lady butterfly (Vanessacardui) Butterfly (white) (Order:Lepidoptera)
Butterfly (blue/orange) (Order:Lepidoptera)Stone fly (Order: Diptera)Bee, large, black (Order:Hymenoptera) House fly (Order: Diptera)European honey bees (Order:Hymenoptera) Spider (Order: Araneida)Darkling beetle (Coelocnemiscalifornicus)Grasshopper (Order: Orthoptera) Harvester ants No special status plant species were observed on the project site including Joshua trees, alkalimariposa lilies, Rosamond eriastrum, Lancaster milk-vetch, or Barstow woolly sunflower.Additionally, no suitable habitat for these species exists on the project site. Therefore, no impactsto special status plant species would occur.No special status animal species were observed on the project site. No desert tortoise, burrowingowls, or desert kit foxes or their sign were observed on the project site. No Mohave groundsquirrels were detected visually or audibly during the field survey and no silvery legless lizardswere observed and suitable habitat for these species does not exist on site. No nesting birds wereobserved on the project site and Swainson’s hawk was not observed in the study area.Additionally, no Swainson’s hawk have been sighted within 5 miles of the study area within thepast five years.

While no sensitive species were observed on the project site, it is possible that burrowing owlscould move into the site project site prior to the start of construction due to the presence ofground squirrel burrows. Additionally, the trees on the project site provide suitable nestinghabitat for a variety of bird species. In order to ensure that any potential impacts remain less thansignificant with respect to burrowing owls and nesting birds, mitigation measures have beenidentified below. With implementation of the identified mitigation measures impacts would beless than significant.

Mitigation Measures2. A nesting bird survey shall be conducted by a qualified biologist within 14 days prior to thestart of construction/ground disturbing activities. If active bird nests are identified during thesurvey, the applicant shall contact the California Department of Fish and Wildlife to 2019 Update

HNR-4Initial StudyPage 23determine the appropriate mitigation/management requirements. Impacts to nesting birds willbe avoided by delay of work or establishing a buffer of 500 feet around active raptor nestsand 50 feet around other migratory bird species nests. A qualified biologist shall periodicallymonitor any active bird nests to determine if project-related activities occurring outside the“no-disturbance” buffer disturbs the birds and if the buffer shall be increased. Once the younghave fledged and left the nest, or the nest otherwise becomes inactive under naturalconditions, project activities within the “no-disturbance” buffer may occur following anadditional survey by the qualified biologist to search for any new bird nests in the restrictedarea.

3. A pre-construction burrowing owl clearance survey shall be conducted no more than 30 daysprior to any vegetation removal or ground disturbing activities to avoid impacts to burrowingowls and/or occupied burrows. The pre-construction clearance survey shall be conducted by aqualified biologist and in accordance with the methods outlined in the Staff Report onBurrowing Owl Mitigation (CDFG 2012). Documentation of surveys and findings shall besubmitted to the City of Lancaster for review and file. If no burrowing owls or occupiedburrows are detected, project activities may begin, and no additional avoidance and minimizemeasures shall be required.

If an occupied burrow is found outside, but within 500 feet, of the development footprint,the qualified biologist shall establish a “no-disturbance” buffer around the burrowlocation(s). The size of the “no-disturbance” buffer shall be determined in consultation withCDFW and be based on the species status (i.e., breeding, non-breeding) and proposed levelof disturbance. If an occupied burrow is found within the development footprint and cannotbe avoided, a burrowing owl exclusion and mitigation plan shall be prepared and submittedto CDFW for approval prior to initiating project activities. b. An area is a wetland if, under normal circumstances, the area has continuous or recurrentsaturation of the upper substrate caused by groundwater, or shallow surface water, or both; theduration of such saturation is sufficient to cause anaerobic conditions in the upper substrate; andthe area’s vegetation is dominated by hydrophytes or the area lacks vegetation. All artificialwetlands that are less than an acre in size and subject to operations and maintenance are notconsidered Waters of the State. Being characterized as a wetland does not necessarily mean thewetland is jurisdictional. Waters of the State means any surface water or groundwater, includingsaline waters, within the boundaries of the state as defined by the Porter-Cologne Act.

During the field survey, basins, a constructed channel, depressions, and artificial wetlands wereobserved. Water was only observed within the artificial wetlands. These artificial wetlands wereless than one acre and therefore are not considered regulated wetlands or waters of the state. Thebasins on the site do not receive water from naturally occurring sources; however, are designedas development runoff control structures. The shallow swales and small depressions on the siteare connected to the Whit Carter park development. None of these features are consideredjurisdictional and no permits or mitigation would be required. c. There are no State or federally protected wetlands on the project site as defined by Section 404 ofthe Clean Water Act. Therefore, no impacts would occur. 2019 Update

HNR-4Initial StudyPage 24d. Wildlife corridors and linkages are key features for wildlife movement between habitat patches.Wildlife corridors are generally defined as those areas that provide opportunities for individualsor local populations to conduct seasonal migrations, permanent dispersals, or daily commutes,while linkages generally refer to broader areas that provide movement opportunities for multiplekeystone/focal species or allow for propagation of ecological processes, often between areas ofconserved land.

The project site is either surrounded by existing development or major roadways. While there aresome vacant land within the general vicinity, the project site is not connected to or provideconnections to large areas of undeveloped property. Therefore, no impacts would occur.e. The proposed project would not conflict with any local policies or ordinances, such as a treepreservation policy, protecting biological resources. The proposed project would be subject to therequirements 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 aresult of development This fee is required of all project occurring on previously undevelopedland regardless of the biological resources present and is utilized to enhance biological resourcesthrough education programs and the acquisition of property for conservation. Therefore, noimpacts would occur. f. There are no Habitat Conservation Plans, Natural Community Conservation Plans, or otherapproved local, regional, or State habitat conservation plans which are applicable to the projectsite. The West Mojave Coordinated Habitat Conservation Plan only applies to federal land,specifically land owned by the Bureau of Land Management. In conjunction with theCoordinated Management Plan, a Habitat Conservation Plan (HCP) was proposed which wouldhave applied to all private properties within the Plan Area. However, this HCP was neverapproved by the California Department of Fish and Wildlife nor was it adopted by the localagencies (cities and counties) within the Plan Area. As such, there is no HCP that is applicable tothe project site and no impact would occur. 2019 Update

HNR-4Initial StudyPage 25
Less ThanSignificantWith
PotentiallySignificantImpact
Less ThanSignificantImpact
NoImpactMitigationV. CULTURAL RESOURCES. Would the project:a) Cause a substantial adverse change in the significance ofa historical resource pursuant to §15064.5? X
X
b) Cause a substantial adverse change in the significance ofan archaeological resources pursuant to §15064.5? X
c) Disturb any human remains, including those interredoutside of dedicated cemeteries? a-c. Two cultural resources reports were prepared for the subject property by BFSA EnvironmentalServices. The first report was entitled “A Section 106 (NHPA) Historical Resources Study for theMaison’s Sierra Phase I Project, City of Lancaster, California” and dated May 2, 2023. Thisreport only covers the 25-acres associated with Phase I of the proposed development. A secondstudy was prepared entitled “A Section 106 (NHPA) Historical Resources Study for Maison’sSierra Project, City of Lancaster, California, Tract No. 27009” and dated September 14, 2023.

A records search was conducted for the project site and a one mile radius at the South CentralCoastal Information Center. A total of 55 cultural resource surveys have been conducted withinone mile of the project site including five which covered the project site. One of the studies, thehistoric building survey conducted for the Northeast Gateway Corridors Plan in 2004, identifiedone cultural resource. This was a single-story industrial building which was demolished in 2011.As a result of the 55 cultural resource surveys conducted, a total of 142 archaeological sites wereidentified including one prehistoric (lithic scatter) and 141 historic including the one describedabove. No other resources were previously identified on the project site. Additionally, a SacredLands File Search was requested from the Native American Heritage Commission and wascompleted with negative results.

On April 20, 2023, a survey of the project site was conducted by walking parallel pedestriantransects spaced approximately 5 meters apart. No cultural resources were identified on theproject site. No human remains, including those interred outside of formal cemeteries, wereidentified on the project site. Therefore, no impacts would occur.

While no specific tribal or cultural resources were identified on the project site during the AB 52,the Fernandeno Tataviam Band of Mission Indians and the Yuhaaviatam of San Manuel Nation(YSMN) both responded to the offer for consultation. The YSMN requested specific measures beincluded to ensure the appropriate treatment of any previously unknown cultural resources. Thesemeasures have been identified below. The AB 52 process with the FTBMI is ongoing and any 2019 Update

HNR-4Initial StudyPage 26agreed upon measures will be included in the conditions of approval. With incorporation of thesemeasures, impacts would be less than significant.Mitigation Measures4. In the event that cultural resources are discovered during project activities, all work in theimmediate vicinity of the find (within a 60-foot buffer) shall cease and an archaeologistmeeting the Secretary of Interior’s professional qualification standards in archaeology shallbe hired to assess the find. Work on the other portions of the project outside of the bufferedarea may continue during this assessment period. Additionally, the Yuhaaviatam of SanManuel Nation Cultural Resources Department (YSMN) shall be contacted regarding anypre-contact and/or historic-era finds and be provided information after the archaeologistmakes his/her initial assessment of the nature of the find, so as to provide Tribal input withregards to significance and treatment.

5. If significant pre-contact and/or historic-era cultural resources, as defined by CEQA (asamended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shalldevelop a Monitoring and Treatment Plan, the drafts of which shall be provided to YSMN forreview and comment. The archaeologist shall monitor the remainder of the project andimplement the Plan accordingly.

6. If human remains or funerary objects are encountered during any activities associated withthe project, work in the immediate vicinity (within a 100-foot buffer of the find) shall ceaseand the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5and that code enforced for the duration of the project.7. The Yuhaaviatam of San Manuel Nation Cultural Resources Department (YSMN) shall becontacted of any pre-contact and/or historic-era cultural resources discovered during projectimplementation, and be provided information regarding the nature of the find, so as toprovide Tribal input with regards to significance and treatment. Should the find be deemedsignificant, as defined by CEQA (as amended, 2015), a cultural resources Monitoring andTreatment Plan shall be created by the archaeologist, in coordination with YSMN, and allsubsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to bepresent that represents YSMN for the remainder of the project, should YSMN elect to place amonitor 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 LeadAgency for dissemination to YSMN. The Lead Agency and/or applicant shall, in good faith,consult with YSMN throughout the life of the project. 2019 Update

HNR-4Initial StudyPage 27
Less ThanSignificantWith
PotentiallySignificantImpact
Less ThanSignificantImpact
NoImpactMitigationVI. ENERGY. Would the project:a) Result in potentially significant environmental impactdue to wasteful, inefficient, or unnecessary consumptionof energy resources, during project construction oroperation? X
Xb) Conflict with or obstruct a state or local plan forrenewable energy or energy efficient? a. Project construction would consume energy in two general forms: 1) the fuel energy consumedby construction vehicles and equipment and 2) bound energy in construction materials, such asasphalt, 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 usedduring site clearing, grading, and construction. Fuel energy consumed during construction wouldbe temporary and would not represent a significant demand on energy resources. In addition,some incidental energy conservation would occur during construction through compliance withState requirements that equipment not in use for more than five minutes be turned off. Projectconstruction equipment would also be required to comply with the latest EPA and CARB engineemissions standards. These emissions standards require highly efficient combustion systems thatmaximize fuel efficiency and reduce unnecessary fuel consumption.

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

The proposed project would consume energy for interior and exterior lighting, heating/ventilationand air conditioning (HVAC), refrigeration, electronics systems, appliances, and securitysystems, among other things. The proposed project would be required to comply with Title 24Building Energy Efficiency Standards, which provide minimum efficiency standards related tovarious building features, including appliances, water and space heating and cooling equipment,building insulation and roofing, and lighting. Implementation of the Title 24 standardssignificantly reduces energy uses. Furthermore, the electricity provider is subject to California’sRenewables Portfolio Standard (RPS). The RPS requires investor-owned utilities, electric serviceproviders, and community choice aggregators (CCA) to increase procurement from eligiblerenewable energy resources to 33 percent of total procurement by 2020 and to 50 perfect of totalprocurement by 2030. Renewable energy is generally defined as energy that comes from 2019 Update

HNR-4Initial StudyPage 28resources, 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 projectwould 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 energyefficiency standards for residential and non-residential buildings, in response to a legislativemandate to create uniform building codes to reduce California’s energy consumption, andprovide energy efficiency standards for residential and non-residential buildings. The previousstandards went into effect on January 1, 2017 and January 1, 2020 and substantially reducedelectricity and natural gas consumption. Additional savings result from the application of thestandards on building alterations such as cool roofs, lighting, and air distribution ducts.

The California Green Building Standards Code (California Code of Regulations, Title 24, Part11), commonly referred to as the CALGreen Code, is a statewide mandatory construction codethat was developed and adopted by the California Building Standards Commission and theCalifornia Department of Housing and Community Development. CALGreen standards requirenew residential and commercial buildings to comply with mandatory measures under five topicalareas: planning and design; energy efficiency; water efficiency and conservation; materialconservation and resource efficiency; and environmental quality. An updated version of both theCalifornia Building Code and the CALGreen Code went into effect on January 1, 2023.

The City of Lancaster adopted the Zero Net Energy (ZNE) Home Ordinance in February 2017.The ZNE Ordinance mandates all builders to install a solar system equal to two watts per squarefoot for each home built. Developers have three options available to comply with the City’s ZNErequirement: a solar component, mitigation fees in lieu of a solar component, or a combination ofboth. The houses constructed as a result of the proposed project would comply with all of theseregulations and would not conflict or obstruct a state or local plan for renewable energy or energyefficiency. This ordinance was made obsolete when the CalGreen Code went into effect onJanuary 1, 2020. Therefore, no impacts would occur. 2019 Update

HNR-4Initial StudyPage 29
Less ThanSignificantWith
PotentiallySignificantImpact
Less ThanSignificantImpact
NoImpactMitigationVII. GEOLOGY AND SOILS. Would the project:a) Directly or indirectly cause potential substantial adverseeffects, including the risk of loss, injury, or deathinvolving:i) Rupture of a known earthquake fault, as delineatedon the most recent Alquist-Priolo Earthquake FaultZoning Map issued by the State Geologist for thearea or based on other substantial evidence of aknown fault? Refer to Division of Mines andGeology Special Publication 42.

X
ii) Strong seismic ground shaking? X
iii) Seismic-relatedliquefaction?
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, orthat would become unstable as a result of the project,and potentially result in on- or off-site landslide, lateralspreading, subsidence, liquefaction or collapse? X
d) Be located on expansive soil, as defined in Table 18-1-Bof the Uniform Building Code (1994), creatingsubstantial direct or indirect risks to life or property? X
e) Have soils incapable of adequately supporting the use ofseptic tanks or alternative waste water disposal systemswhere sewers are not available for the disposal of wastewater? X
Xf) Directly or indirectly destroy a unique paleontologicalresource 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 Figure2-5). According to the Seismic Hazard Evaluation of the Lancaster East and West Quadrangles,the project site may be subject to intense seismic shaking (LMEA pg. 2-16). However, the 2019 Update

HNR-4Initial StudyPage 30proposed project would be constructed in accordance with the seismic requirements of theUniform Building Code (UBC) adopted by the City, which would render any potential impacts toless 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 byearthquake shaking or other events. This phenomenon occurs in saturated soils that undergointense seismic shaking typically associated with an earthquake. There are three specificconditions that need to be in place for liquefaction to occur: loose granular soils, shallowgroundwater (usually less than 50 feet below ground surface) and intense seismic shaking. InApril 2019, the California Geologic Survey updated the Seismic Hazard Zones Map forLancaster (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 cultivatedor cleared of vegetation. However, there remains a potential for water and wind erosion duringconstruction. The proposed project would be required, under the provisions of the LancasterMunicipal Code (LMC) Chapter 8.16, to adequately wet or seal the soils to prevent wind erosion.Additionally, the mitigation measure listed below shall be required to control dust/wind erosion.

Water erosion controls must be provided as part of the proposed project’s grading plans to bereviewed and approved by the City’s Engineering Division. These provisions, which are part ofthe proposed project, would reduce any impacts to less than significant levels.Mitigation Measures

9. The applicant shall submit the required Construction Excavation Fee to the Antelope ValleyAir Quality Management District (AVAQMD) prior to the issuance of any grading and/orconstruction permits. This includes compliance with all prerequisites outlined in District Rule403, Fugitive Dust, including submission and approval of a Dust Control Plan, installation ofsignage and the completion of a successful onsite compliance inspection by an AVAQMDfield 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 associatedwith faults or groundwater withdrawal, which results in the cracking of the ground surface.According to Figure 2-3 of the City of Lancaster’s Master Environmental Assessment, the projectsite is not known to be within an area subject to fissuring, sinkholes, or subsidence or any otherform of geologic unit or soil instability. The closest sinkholes and fissures are located along 20 th Street West between Avenue G and Avenue H, approximately 1 mile west of the project site. Fora discussion of potential impacts regarding liquefaction, please refer to Section VII.a. Therefore,no impacts would occur. d. The soil on the project site is characterized by a low shrink/swell potential and areas with no data(LMEA Figure 2-3). A soils report for the proposed project shall be submitted to the City by theproject developer prior to grading and the recommendations of the report shall be incorporatedinto the development of the proposed project. Therefore, impacts would be less than significant.2019 Update

HNR-4Initial StudyPage 31e. The proposed project would be tied into the sanitary sewer system. No septic or alternativemeans of wastewater disposal are part of the proposed project. Therefore, no impacts wouldoccur.f. The proposed project would not directly or indirectly destroy a unique paleontological resource,site, or geologic feature. Therefore, no impacts would occur. 2019 Update

HNR-4Initial StudyPage 32
Less ThanSignificantWith
PotentiallySignificantImpact
Less ThanSignificantImpact
NoImpactMitigationVIII. GREENHOUSE GAS EMISSIONS. Would theproject:a) Generate greenhouse gas emissions, either directly orindirectly, that may have a significant impact on theenvironment? X
Xb) Conflict with an applicable plan, policy, or regulationadopted for the purpose of reducing the emissions ofgreenhouse gases? a. A discussed in the air quality report prepared for the project and discussed under Item III, theproposed project would generate operational greenhouse gas emissions. These greenhouse gasemissions would be generated by area sources, energy and water usage, vehicle trips, wastewaterand solid waste generation, and refrigerants. The emissions were calculated using CalEEMod andwere total approximately 6,548 metric tons of CO 2e per year. The emissions are depicted inTable 8.

Table 8Annual Operational Greenhouse Gas EmissionsEmission Source Annual Emissions (MT CO2e)MobileArea 3,880119EnergyWater
2,228177Solid WasteRefrigerantsTotal
14216,548MT CO2e – metric tons of carbon dioxide
As shown in Table 8, GHG emissions would be less than the thresholds established by the airdistrict. Therefore, impacts would be less than significant.b. The 2022 Scoping Plan Update identifies strategies that are to be implemented at the State andproject level that will reduce GHG emissions consistent with State policies with a target of 85percent below 1990 levels by 2045. This is the equivalent of carbon neutrality by 2045. The airquality report discusses the project’s consistency with this plan and determined that the project 2019 Update

HNR-4Initial StudyPage 33would not conflict with the outlined strategies and actions. Additionally, the City of Lancaster’sClimate Action Plan was adopted in March 2017. Additionally, the City of Lancaster’s ClimateAction Plan was adopted in March 2017. This plan identifies projects that would enhance theCity’s ability to further reduce GHG emissions. A total of 61 projects across eight sectors wereidentified which include 1) traffic; 2) energy; 3) municipal operations; 4) water; 5) waste; 6) builtenvironment; 7) community; and 8) land use. Forecasts for both community and governmentoperations were prepared for 2020, 2030, 2040, and 2050. Under all scenarios assessed, the Citymeets the 2020 target and makes substantial progress towards achieving post-2020 reductions.

The proposed project would also be in compliance with the greenhouse emission goals andpolicies identified in the City of Lancaster’s General Plan (pgs. 2-19 to 2-24) and with the City’sClimate Action Plan. Therefore, impacts would be less than significant. 2019 Update

HNR-4Initial StudyPage 34
Less ThanSignificantWith
PotentiallySignificantImpact
Less ThanSignificantImpact
NoImpactMitigationIX. HAZARDS AND HAZARDOUS MATERIALS. Wouldthe project:a) Create a significant hazard to the public or theenvironment through the routine transport, use, ordisposal of hazardous materials? X
X
b) Create a significant hazard to the public or theenvironment through reasonably foreseeable upset andaccident conditions involving the release of hazardousmaterials into the environment?c) Emit hazardous emissions or handle hazardous oracutely hazardous materials, substances, or waste withinone-quarter mile of an existing or proposed school? X
X
d) Be located on a site which is included on a list ofhazardous materials sites compiled pursuant toGovernment Code Section 65962.5 and, as a result,would it create a significant hazard to the public or theenvironment? e) For a project located within an airport land use plan or,where such a plan has not been adopted, within twomiles of a public airport or public use airport, would theproject result in a safety hazard or excessive noise forpeople residing or working in the project area? X
Xf) Impair implementation of or physically interfere with anadopted emergency response plan or emergencyevacuation plan?g) Expose people or structures, either directly or indirectly,to a significant risk of loss, injury or death involvingwildland fires? X
a-b. The proposed project consists of the development of a two-phased, 100% affordable housingproject on approximately 45 acres. Phase I would consist of the development of 196 units withboth primary residences and accessory dwelling units. Phase II would consist of up to 303 unitsfor seniors. Both phases would include community buildings, recreational areas including pools,open spaces areas and paseos. Typical construction materials would be utilized duringdevelopment of the subdivision. Occupants of the subdivision would typically utilize household 2019 Update

HNR-4Initial StudyPage 35cleaners (e.g., cleaner, bleach, etc.), while the owner of the development would utilize fertilizer,common pesticides, pool maintenance chemicals, etc., These uses would be similar to otherresidential developments in the area. Sierra Highway, the 14 Freeway, and Avenue D are alldesignated for the transport of hazardous materials. However, transport of hazardous materialsare highly regulated and as such, it is not likely to impact the proposed development. As such,impacts would be less than significant. c.
d.

The project site is located within a quarter mile of an existing proposed. Mariposa ElementarySchool is located immediately west of the project site. However, the proposed project would notgenerate hazardous emissions or handle hazardous/acutely hazardous materials. Therefore, noimpacts would occur.A Phase I Environmental Site Assessment was prepared for the project site by PartnerEngineering and Science, Inc. The results of the study were documented in a report entitled“Phase I Environmental Site Assessment Report, Maison’s at Sierra, Vacant Land Generallyalong the West Side of Sierra Highway, between Avenue H and Avenue H-13, Lancaster,California 93534” and dated March 15, 2023.

A survey of the project site was conducted on March 13, 2023. No potential environmentalconcerns were observed during the onsite survey. Abandoned used tires, windblown trash,abandoned residential junk and raw asphalt were observed. No wastewater treatment facilities,wells or cisterns, septic systems, hazardous materials/waste, above or underground storage tanks,stains or stressed vegetation were observed during the survey.

Additionally, a regulatory database search of applicable databases within certain distances wasconducted by ERIS. The subject property, adjoining properties, and the properties withinspecified search distances did not appear on any regulatory databases. Some of the properties arelisted on the Haznet list indicating that hazardous materials are utilized. These listings do notpose an environmental concern to the project site. Therefore, no impacts would occur. e.
f.

The proposed project is not located within an airport land use plan. The nearest airfields, are theUS Air Force Plant 42, located approximately 4.5 miles southeast and General William J FoxAirfield located approximately 4.5 miles northwest of the project site. There are nocircumstances related to this proximity that could be expected to result in a safety hazard for thepeople residing in the project site. Therefore, no impacts would occur.

The traffic generated by the proposed project is not expected to block the roadways in the vicinityof the project. Improvements have been conditioned as part of the project that would ensure thattraffic operates smoothly. Therefore, the proposed project would not impact or physically blockany identified evacuation routes and would not interfere with any adopted emergency responseplan. Impacts would not occur. g. The subject property is vacant along with some of the properties to the south and north. Theproject site is located within the service area of Fire Station No. 33, located at 44947 DateAvenue, which would serve the site in the event of a fire. Therefore, potential impacts fromwildland fires would be less than significant.2019 Update

HNR-4Initial StudyPage 36
Less ThanSignificantWith
PotentiallySignificantImpact
Less ThanSignificantImpact
NoImpactMitigationX. HYDROLOGY AND WATER QUALITY. Would theproject:a) Violate any water quality standards or waste dischargerequirements or otherwise substantially degrade surfaceor ground water quality? X
X
b) Substantially decrease groundwater supplies or interferesubstantially with groundwater recharge such that theproject may impede sustainable groundwatermanagement of the basin?c) Substantially alter the existing drainage pattern of thesite or area, including through the alteration of thecourse of a stream or river or through the addition ofimpervious surfaces, in a manner which would:
i) Result in substantial erosion or siltation on- or off-site X
Xii) Substantially increase the rate or amount of surfacerunoff in a manner which would result in floodingon- or off-siteiii) Create or contribute runoff water which wouldexceed the capacity of existing or plannedstormwater drainage systems or provide substantialadditional sources of polluted runoff X
Xiv) Impede or redirect flood flowsd) In flood hazard, tsunami, or seiche zones, risk release ofpollutants due to project inundation? X
e) Conflict with or obstruct implementation of a waterquality control plan or sustainable groundwatermanagement plan? X
a. The project site is not located in an area with an open body of water or in an aquifer rechargearea. The proposed project would be required to comply with all applicable provisions of theNational Pollutant Discharge Elimination System (NPDES) program. The NPDES programestablishes a comprehensive storm water quality program to manage urban storm water and 2019 Update

HNR-4Initial StudyPage 37minimize pollution of the environment to the maximum extent practicable. The reduction ofpollutants in urban storm water discharge through the use of structural and nonstructural BestManagement Practices (BMPs) is one of the primary objectives of the water quality regulations.BMPs that are typically used to managed runoff water quality include controlling roadway andparking lot contaminants by installing oil and grease separators at storm drain inlets, cleaningparking lots on a regular basis, incorporating peak-flow reduction and infiltration features (grassswales, infiltration trenches and grass filter strips) into landscaping and implementing educationprograms. The proposed project would incorporate appropriate BMPs during construction, asdetermined by the City of Lancaster Public Works Department. Therefore, impacts would be lessthan significant.

The proposed project consists of the construction and occupancy of a maximum of 499affordable housing units over two phases. In addition to the residences, the proposed projectincludes the construction and operation of the community building, recreational facilities, pool,and open space areas. These uses, including single family and multi-family residential uses, arenot uses that would normally generate wastewater that violates water quality standards or exceedswaste discharge requirements. Therefore, impacts would be less than significant. b.
c.

The proposed project would not include any groundwater wells or pumping activities. All watersupplied to both phases of the proposed project would be obtained from Los Angeles CountyWaterworks District No. 40. Therefore, impacts would be less than significant.Development of the proposed project would increase the amount of surface runoff as a result ofimpervious surfaces associated with the grading of the site. The proposed project would bedesignated, on the basis of a hydrology, study, to accept current flows entering the property andto handle the additional incremental runoff from the developed site. Therefore, impacts fromdrainage and runoff would be less than significant.

The project site is designated as a mix of Flood Zone X and Flood Zone X-Shaded per FloodInsurance Rate Map (06037C0410F). Flood Zone X is located outside of both the 100-year and500-year flood zones while Flood Zone X-Shaded is located outside of the 100-year flood butwithin the 500-year flood zone. Therefore, impacts would be less than significant. d. The project site is not located within a coastal zone. Therefore, tsunamis are not a potentialhazard. The project site is relatively flat, does not contain any enclosed bodies of water and is notin close proximity to any large bodies of water. A City drainage basin exists at the southwestcorner of Avenue H and Trevor Avenue, across Sierra Highway from the project site. While thisdrainage basin does contain water, it is not likely to overflow and impact the project site due tovolume of water in the basin and distance between the basin and project site. Therefore, theproposed project would not be subject to inundation by seiches or mudflows. No impacts wouldoccur. e. The proposed project would not conflict with or obstruct the implementation of the applicablewater quality control plan or sustainable groundwater management plan. For additionalinformation see responses X.a through X.c. Impacts would be less than significant. 2019 Update

HNR-4Initial StudyPage 38
Less ThanSignificantWith
PotentiallySignificantImpact
Less ThanSignificantImpact
NoImpactMitigationXI. LAND USE AND PLANNING. Would the project:
a) Physically divide an established community?
X
X
b) Cause a significant environmental impact due to aconflict with any land use plan, policy, or regulationadopted for the purpose of avoiding or mitigating anenvironmental effect? a.
b.

The proposed project consists of the development of a two-phase, 100% affordable housingdevelopment on approximately 45 acres on the west side of Sierra Highway between Avenue Hand Avenue H-8. The proposed project would not block a public street, trail, other access route,or result in a physical barrier that would divide the community. Therefore, no impacts wouldoccur.The proposed project is consistent with the City’s General Plan and must be in conformance withthe Lancaster Municipal Code. Table 9 provides a consistency analysis of the proposed projectwith respect to the relevant goals, objectives, and policies of the General Plan. The proposedproject will be in compliance with the City-adopted Uniform Building Code (UBC) and erosioncontrol requirements (Section VII). Additionally, as noted Section IV, the project site is notsubject to and would not conflict with a habitat conservation plan or natural communitiesconservation plan.

In addition to consistency with the General Plan, the project was analyzed for consistency withthe City’s certified Housing Element. This consistency analysis is provided in Table 10.The Southern California Association of Governments (SCAG) adopts a Regional TransportationPlan/Sustainable Communities Strategy (RTP/SCS) every five years. On May 7, 2020, SCAGadopted the 2020-2045 RTP/SCS, known as Connect SoCal for federal transportation purposesonly. On September 3, 2020, SCAG adopted Connect SoCal for all other purposes. TheRTP/SCS identifies 10 regional goals; these goals are identified in Table 11 along with theproject’s consistency with these goals. 2019 Update

HNR-4Initial StudyPage 39 Table 9General Plan Consistency AnalysisGoals, Objectives and Policies Consistency AnalysisPolicy 3.2.1: Promote the use of water Both phases of the proposed developmentconservation measures in the landscape plans would provide attractively landscaped inof new developments. accordance with City and State waterregulations. These regulations would ensureappropriate water conservation throughout thedevelopment.

Policy 3.2.2: Consider the potential impact of Both phases of the proposed developmentnew development projects on the existing water would obtain water from Waterworks Districtsupply. 40 in compliance with existing procedures. Assuch, they would not impact existing watersupply availability.Policy 3.2.5: Promote the use of water The proposed development would be inconservation measures in the design of new compliance with the conservation measuresdevelopments. required in Title 24.Policy 3.3.1: Minimize the amount of The proposed development is a 100%vehicular miles traveled. affordable housing development and as such itexempt from the requirements of VMT.However, the development is in closeproximity to several bus stop and the LancasterMetrolink Station. This would ensure that thedevelopment would reduce VMT to the extentfeasible.

Policy 3.3.2: Facilitate the development and The proposed development would have paseosuse of public transportation and travel modes through it to encourage walking along with asuch as bicycle riding and walking. meandering sidewalk along Sierra Highway.Additionally, the site is located close to theMetrolink Station and several bus stops.Therefore, the project would encouragealternative forms of transportation.

Policy 3.3.3: Minimize air pollutant emissions The proposed project is located in an areagenerated by new and existing development. surrounded by existing development and withaccess to alternative modes of transportation.Policy 3.4.4: Ensure that development A biological resources assessment wasproposals, including City sponsored projects, conducted for the entire 45-acres. No sensitiveare analyzed for short- and long-term impacts plant or animal species were identified on theto biological resources and that appropriate project site. Mitigation measures were mitigation measures are implemented. identified for nesting birds and burrowing owlsto ensure impacts remain less than significant.Policy 3.5.1: Minimize erosion problems The proposed project would comply with theresulting from development activities. air district’s dust control regulations and bestmanagement practices associated with theNational Pollutant Discharge Elimination2019 Update

HNR-4Initial StudyPage 40
System Program.Policy 3.6.1: Reduce energy consumption by The project site is located in the central portionestablishing land use patterns which would of the City, in a very developed area. The sitedecrease automobile travel and increase the use has easy access to public transportation, and of energy efficient modes of transportation. other necessary services.Policy 3.6.2: Encourage innovative building, The project development would be constructedsite design, and orientation techniques which in accordance with all applicable regulationsminimize energy use. including the latest requirements of Title 24.Policy 3.6.3: Encourage the incorporation of The project development would be constructedenergy conservation measures in existing and in accordance with all applicable regulationsnew structures. including the latest requirements of Title 24.Policy 4.3.1: Ensure that noise-sensitive land The noise levels on the project site and in theuses and noise generators are located and immediately surrounding area would meet thedesigned in such a manner that City noise noise levels established in the General Plan.objectives will be achieved.

Policy 4.7.2: Ensure that the design of new The proposed project would meet thedevelopment minimizes the potential for fire. requirements of the Los Angeles County FireDepartment. Additionally, the project site islocated within the service boundaries of FireStation 33 which can provide service in theevent of a fire.

Policy 10.1.1: Provide opportunities for a wide The proposed project would provide a varietyvariety of recreational activities and park of recreational amenities within both phasesexperiences, including active recreation and including open space, paseos, communitypassive open space enjoyment within a facilities, and pools. Additionally, the projectcoordinated system of local, regional, and would provide direct access to Whit Carter special use park lands areas. park through pedestrian gates from the projectsite and would provide additional parking forthe adjacent Mariposa Park.Table 10Housing Element Consistency AnalysisGoals, Objectives and PoliciesPolicy H-1.2: Encourage a mix of housing The proposed development would construct atypes are, including single- and multi-family 2-phase, 100% affordable housing Consistency Analysis
housing within a variety of price ranges to development for the residents of Lancaster.provide a range of housing options for This development would be rental providingLancaster residents. residents with an additional choice.Policy H-1.3: Promote infill housing The project site is located in the central portiondevelopment within areas presently approved of the City and is completely surrounded byfor urban density residential development, as existing development or major roadways.well as areas which have been committed to urban development.Policy H-2.2: Facilitate housing for extremely The development would be 100% affordable 2019 Update

HNR-4Initial StudyPage 41
low-, very low-, low-, and moderate-income and located within the central portion of thehouseholds to be distributed at locations City with easy access to public transportation,throughout the urban portions of the city. both bus and Metrolink.Policy H-2.3: Facilitate the construction of The proposed project is 100% affordable andaffordable housing developments for very low-, located on property currently owned by thelow-, and moderate-income households.Policy H-2.4: Promote the development andrehabilitation of housing specifically designedfor the elderly, providing a variety of livingenvironments.

City of Lancaster.The proposed project is two-phased, with thesecond phase of up to 303 units dedicated tosenior housing.Policy H-3.7: Encourage energy conservationand sustainable living building measures innew and existing homes and the addition ofenergy conservation devices/practices inexisting developments.

The proposed project would be constructed incompliance with the requirements of latestbuilding code, including Title 24. Thedevelopment would utilize electricity only (nonatural gas), and include solar panels.

Additionally, the development is designed tofacilitate walking with the development and tosurrounding land uses and has easy access tomultiple forms of public transportation.Table 11Connect SoCal Consistency AnalysisGoals ConsistencyGoal 1: Encourage regional economic Not applicable to the proposed project.prosperity and global competitiveness.Goal 2: Improve mobility, accessibility, Not applicable to the proposed project.reliability and travel safety for people andgoods.Goal 3: Enhance the preservation, security, and Not applicable to the proposed project.resilience of the regional transportation system.Goal 4: Increase person and goods movement Not applicable to the proposed project.and travel choices within the transportationsystem.Goal 5: Reduce greenhouse gas emissions and The proposed project would provide affordableimprove air quality. housing options in close proximity publictransportation which would help to reducegreenhouse gas emissions.Goal 6: Support health and equitable The proposed project would provide affordablecommunities. housing options in close proximity publictransportation.Goal 7: Adapt to a changing climate and Not applicable to the proposed project.support an integrated regional developmentpattern and transportation network.Goal 8: Leverage new transportation Not applicable to the proposed project. 2019 Update

HNR-4Initial StudyPage 42
technologies and data-driven solutions thatresult in more efficient travel.Goal 9: Encourage development of diverse The proposed project would provide affordablehousing types in areas that are supported by housing options in close proximity publicmultiple transportation options. transportation.Goal 10: Promote conservation of natural and The proposed project is located in the centralagricultural lands and restoration of habitats. portion of the City on previously disturbedlands. The project site is not under agriculturalproduction and does not contain suitablehabitat for conservation. 2019 Update

HNR-4Initial StudyPage 43
Less ThanSignificantWith
PotentiallySignificantImpact
Less ThanSignificantImpact
NoImpactMitigationXII. MINERAL RESOURCES. Would the project:a) Result in the loss of availability of a known mineralresource that would be of value to the region and theresidents of the state? X
Xb) Result in the loss of availability of a locally-importantmineral resource recovery site delineated on a localgeneral plan, specific plan or other land use plan? a-b. The project site does not contain any mining or recovery operations for mineral resources no suchactivities have occurred on the project site in the past. According to the LMEA (Figure 2-4 andpage 2-8), the project site is designated as Mineral Reserve 3 (contains potential but presentlyunproven resources). Additionally, it is not considered likely that the Lancaster area has large,valuable mineral and aggregate deposits. Therefore, no impacts to mineral resources wouldoccur. 2019 Update

HNR-4Initial StudyPage 44
Less ThanSignificantWith
PotentiallySignificantImpact
Less ThanSignificantImpact
NoImpactMitigationXIII. NOISE. Would the project:a) Generation of a substantial temporary or permanentincrease in ambient noise levels in the vicinity of theproject in excess of standards established in the localgeneral plan or noise ordinance, or applicable standardsof other agencies? X
b) Generation of excessive groundborne vibration orgroundborne noise levels? X
X
c) For a project located within the vicinity of a privateairstrip or an airport land use plan or, where such a planhas not been adopted, within two miles of a publicairport or public use airport, would the project exposepeople residing or working in the project area toexcessive noise levels?a. Construction activities associated with earth moving equipment and other constructionmachinery would temporarily increase noise levels for surrounding land uses. Noise sensitivereceptors are located in close proximity to the project site including residential subdivisions,Whit Carter Park, and Mariposa Elementary School and Park. Noise generated duringconstruction is likely to be audible at these locations. However, all construction activities wouldoccur in accordance with the City’s noise ordinance with respect to days of the week and time ofday. Additionally, construction best management practices have been identified to reduce thenoise generated by construction activities to the extent feasible. With incorporation of thesemeasures, construction noise may still be audible but would not exceed established standards andimpacts would be less than significant.

The City’s General Plan (Table 3-1) establishes an outdoor maximum CNEL of 65 dBA forresidential uses. A noise study was prepared by Rincon Consultants, Inc. to document the noiselevels associated with the occupancy of the proposed project. The results of this study aredocumented in a report entitled “Acoustical Analysis for the Maison’s Sierra Project inLancaster, California” and dated August 23, 2023.

As part of the study, the existing noise levels were measured with three short-term measures onThursday, April 27, 2023 and Thursday, August 10, 2023. These readings were taken at variouslocations throughout the project site and the results are shown in Table 12. 2019 Update

HNR-4Initial StudyPage 45 Table 12Short-Term Noise Level MeasuresMeasurement Measurement Location Sampletimes Distance toNoise Source
Leq(dBA)
Lmin(dBA) (dBA)
LmaxIDST-1 Southern propertyboundary, adjacent SierraHwy 3:45 – 4:00 50 ft to Sierrap.m. Hwy
70 45 91
ST-2
ST-3
Center of project site 3:21 – 3:36 555 ft to edgep.m. of Sierra Hwy5:55 – 6:10 50 ft to Sierrap.m. Hwy 50 67
42 48
62 79Sierra Hwy and Ave H
Based on these noise readings it is possible that the interior noise levels of the proposedresidences could exceed the interior standard of 45 dBA without proper insulation. As such,measures were recommended to reduce interior noise levels within the development. Theidentified measures deal primarily with building construction and as such are included as ageneral mitigation measure. With implementation of the identified measures, impacts would beless than significant.

Mitigation Measures10. Construction operations shall not occur between 8 p.m. and 7 a.m. on weekdays or Saturdayor any time on Sunday. The hours of construction-related activities shall be restricted toperiods and days permitted by local ordinance.11. The on-site construction supervisor shall have the responsibility and authority to receive andresolve noise complaints. A clear appeal process to the owner shall be established prior toconstruction commencement that will allow for resolution of noise problems that cannot beimmediately solved by the site supervisor.12. Electrically powered equipment shall be used instead of pneumatic or internal combustionpowered equipment, where feasible.13. Material stockpiles and mobile equipment staging, parking and maintenance areas shall belocated as far away as practicable from noise-sensitive receptors.14. The use of noise producing signals, including horns, whistles, alarms, and bells shall be forsafety warning purposes only.15. No project-related public address or music system shall be audible at any adjacent receptor.16. All noise producing construction equipment and vehicles using internal combustion enginesshall 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 exceedoriginal factory specification. Mobile or fixed “package” equipment (e.g., arc-welders, air2019 Update

HNR-4Initial StudyPage 46compressors, etc.) shall be equipped with shrouds and noise control features that are readilyavailable for the type of equipment.17. The construction of the residences in both Phase I and Phase II shall follow therecommendations of the noise study (with the exception of the 7-foot walls) to ensure thatinterior noise levels meet acceptable standards. Alternatively, the developer can proposesubstitute recommendations and provide proof that they will achieve the same results. b.
c.

It is not anticipate that the grading of the proposed project would require the use of machinerythat 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 wouldbe utilized once the residences are constructed and occupied. Therefore, no impacts associatedwith ground-borne vibration/noise are anticipated.

The project site is not in proximity to an airport or a frequent overflight area and would notexperience noise from these sources. Therefore, no impacts would occur. 2019 Update

HNR-4Initial StudyPage 47
Less ThanSignificantWith
PotentiallySignificantImpact
Less ThanSignificantImpact
NoImpactMitigationXIV. POPULATION AND HOUSING. Would the project:a) Induce substantial unplanned population growth in anarea, either directly (for example, by proposing newhomes and businesses) or indirectly (for example,through extension of roads or other infrastructure)? X
b) Displace substantial numbers of existing people orhousing, necessitating the construction of replacementhousing elsewhere? X
a. The proposed project would result in an incremental increase in population growth through thedevelopment of a maximum 499 residential units. However, this increase was generallyanticipated in both the City’s General Plan and in the Southern California Association ofGovernment’s (SCAG’s) most recent Regional Transportation Plan/Sustainable CommunitiesStrategy (RTP/SCS). Additionally, while it is likely that individuals involved in the constructionof the proposed project or residing at the proposed project would come from the Antelope Valley,it is possible that people could move to the Antelope Valley for work or to live. However, whileany increase in population would contribute, on an incremental basis, to the population of theCity, it will fall within both the City’s and SCAG’s projections. As such, impacts would be lessthan significant. b. The project site is currently vacant. No housing or people would be displaced necessitating theconstruction of replacement housing elsewhere. Therefore, no impacts would occur. 2019 Update

HNR-4Initial StudyPage 48
Less ThanSignificantWith
PotentiallySignificantImpact
Less ThanSignificantImpact
NoImpactMitigationXV. PUBLIC SERVICES.a) Would the project result in substantial adverse physicalimpacts associated with the provision of new orphysically altered governmental facilities, need for newor physically altered governmental facilities, theconstruction of which could cause significantenvironmental impacts, in order to maintain acceptableservice ratios, response times or other performanceobjectives 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 during construction andoccupancy of the development; however, the project site is within the current service area of boththese agencies and the additional time and cost to service the sites is minimal. The proposedproject would not induce substantial population growth and therefore, would not increase thedemand on parks or other public facilities. Therefore, impacts would be less than significant.

Construction of the proposed project may result in an incremental increase in population (seeItem XIII) and may increase the number of students in the Lancaster School District andAntelope Valley Union High School District. Proposition 1A, which governs the way in whichschool funding is carried out, predetermines by statute that payment of developer fees is adequatemitigation for school impacts. Therefore, impacts would be less than significant. 2019 Update

HNR-4Initial StudyPage 49
Less ThanSignificantWith
PotentiallySignificantImpact
Less ThanSignificantImpact
NoImpactMitigationXVI. RECREATION. Would the project:a) Would the project increase the use of existingneighborhood and regional parks or other recreationalfacilities such that substantial physical deterioration ofthe facility would occur or be accelerated? X
X
b) Does the project include recreational facilities or requirethe construction or expansion of recreational facilitieswhich might have an adverse physical effect on theenvironment? a-b. The proposed project would generate additional population growth and would contribute on anincremental basis to the use of the existing park and recreational facilities. The proposed projectinvolves the development of a two-phase residential development. Both phases of thedevelopment involve construction of recreational amenities including swimming pools,community rooms, open space and a paseo system. Phase I will also have pedestrian gatesconnecting the development to the adjacent Whit Carter park. Additionally, the applicant wouldbe required to pay park fees which would offset the impacts of the development on the existingparks. The development of the proposed project would not require construction of additionaloffsite recreational facilities or the expansion of existing ones. Therefore, impacts would be lessthan significant. 2019 Update

HNR-4Initial StudyPage 50
Less ThanSignificantWith
PotentiallySignificantImpact
Less ThanSignificantImpact
NoImpactMitigationXVII. TRANSPORTATION. Would the project:a) Conflict with a program, plan, ordinance, or policyaddressing the circulation system, including transit,roadway, bicycle and pedestrian facilities? X
Xb) Would the project conflict or be inconsistent withCEQA Guidelines Section 15064.3, subdivision (b)?c) Substantially increase hazards due to a geometric designfeature (e.g., sharp curves or dangerous intersections) orincompatible 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 orspecific actions related to alternative modes of transportation (Lancaster General Plan pgs. 5-18to 5-24). Additionally, the project site is in close proximity to bus stops and the LancasterMetrolink station and would be including paseos within both phases of the development and ameandering sidewalk along the project site’s frontage of Sierra Highway. Therefore, no impactswould occur.

In July 2020, the City of Lancaster adopted standards and thresholds for analyzing projects withrespect to vehicle miles traveled (VMT). A series of screening criteria were adopted and if aproject meets one or more 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 – commercialdevelopments 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 a two-phase, 100% affordable housing development with the first phaseconsisting of 196 units and the second phase consisting of up to 303 senior units. As such, bothphases of the project screen out of a detailed VMT analysis and no impacts would occur.c. d.

Street improvements required as conditions of approval would ensure that traffic flows smoothlyin the vicinity of the project site. No hazardous conditions would be created by theseimprovements. Therefore, no impacts would occur.The project site would have adequate emergency access from Sierra Highway and Avenue H-4.Therefore, no impacts would occur. 2019 Update

HNR-4Initial StudyPage 51
Less ThanSignificantWith
PotentiallySignificantImpact
Less ThanSignificantImpact
NoImpactMitigationXVIII. TRIBAL CULTURAL RESOURCES. Would theproject:a) Would the project cause a substantial adverse change inthe significance of a tribal cultural resource, defined inPublic Resources Code Section 21074 as either a site,feature, place, cultural landscape that is geographicallydefined in terms of the size and scope of the landscape,sacred place, or object with cultural value to a CaliforniaNative American tribe, and that is:
i) Listed or eligible for listing in the California Registerof Historical Resources, or in a local register ofhistorical resources as defined in Public ResourcesCode Section 5020.1(k), or X
X
ii) A resource determined by the lead agency, in itsdiscretion and supported by substantial evidence, tobe significant pursuant to criteria set for insubdivision (c) of Public Resources Section 5024.1.In applying the criteria set forth in subdivision (c) ofPublic Resource Code Section 5024.1, the leadagency shall consider the significance of theresource to a California Native American tribe. a. No cultural resources are present on the project site. Additionally, no specific tribal resourceswere identified during the AB 52 process; however, both the YSMN and FTBMI responded tothe offer to consult. The YSMN requested specific measures be included which are in the culturalresources section. The process with the FTBMI is ongoing and any requested measures will beincluded in the conditions of approval. As such, no impacts to Tribal Cultural Resources wouldoccur. 2019 Update

HNR-4Initial StudyPage 52
Less ThanSignificantWith
PotentiallySignificantImpact
Less ThanSignificantImpact
NoImpactMitigationXIX. UTILITIES AND SERVICE SYSTEMS. Would theproject:a) Require or result in the relocation or construction or newor expanded water, wastewater treatment or storm waterdrainage, electric power, natural gas, or Xtelecommunications facilities, the construction orrelocation of which could cause significantenvironmental effects?b) Have sufficient water supplies available to serve theproject and reasonably foreseeable future developmentduring normal, dry and multiple dry years? X
X
c) Result in a determination by the wastewater treatmentprovider which serves or may serve the project that ithas adequate capacity to serve the project’s projecteddemand in addition to the provider’s existingcommitments? d) Generate solid waste in excess of State or localstandards, or in excess of the capacity of localinfrastructure, or otherwise impact the attainment ofsolid waste reduction goals? X
Xe) Comply with federal, state, and local management andreduction 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 theimmediate vicinity and general area. Connections would occur on the project site or withinexisting roadways or right-of-way. Connections to these utilities are assumed as part of theproposed project and impacts to environmental resources have been discussed throughout thedocument. As such, impacts would be less than significant.

The Los Angeles County Waterworks District No. 40 has not indicated any problems insupplying water to either phase of the proposed project from existing facilities and the applicantis responsible for acquiring water in accordance with established procedures. No newconstruction of water treatment or new or expanded entitlements would be required. Therefore,water impacts would be less than significant. 2019 Update

HNR-4Initial StudyPage 53c. The proposed project would discharge to local sanitary sewers for connection to the Los AngelesCounty Sanitation Districts of Los Angeles sewers. The project’s wastewater would be treated atthe Lancaster Water Reclamation Plant upon connection which has a design capacity of 18 mgdand currently processes an average recycled water flow of 13.9 mgd. Therefore, impacts wouldbe less than significant.d-e. Solid waste generated within the City limits is generally disposed of at the Lancaster Landfilllocated 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. AssemblyBill (AB) 939 was adopted in 1989 and required a 25% division of solid waste from landfills by1995 and a 50% division by 2025. In 2011, AB 341 was passed which required the State toachieve a 75% reduction in solid waste by 2030. The City of Lancaster also requires alldevelopments to have trash collection services in accordance with City contracts with wastehaulers over the life of the proposed project. These collection services would also collectrecyclable materials and organics. The trash haulers are required to be in compliance withapplicable regulations on solid waste transport and disposal, including waste stream reductionmandated under AB 341.

Both phases of the proposed project would generate solid waste during construction andoccupancy, which would contribute to an overall impact on landfill service (GPEIR pgs. 5.9-20to 21); although the project’s contribution is considered minimal. However, the existing landfillhas capacity to handle the waste generated by the project. Additionally, the proposed projectwould be in compliance with all State and local regulations regulating solid waste disposal.Therefore, impacts would be less than significant. 2019 Update

HNR-4Initial StudyPage 54
Less ThanSignificantWith
PotentiallySignificantImpact
Less ThanSignificantImpact
NoImpactMitigationXX. WILDFIRE. If located in or near state responsibilityareas or lands classified as very high fire hazard severityzones, would the project:a) Substantially impact an adopted emergency responseplan or emergency evacuation plan? X
X
b) Due to slope, prevailing winds, and other factors,exacerbate wildlife risks, and thereby expose projectoccupants to, pollutant concentrations from a wildfire orthe uncontrolled spread of a wildfire? c) Require the installation or maintenance of associatedinfrastructure (such as roads, fuel breaks, emergencywater sources, power lines or other utilities) that mayexacerbate fire risk or that may result in temporary orongoing impacts to the environment? X
X
d) Expose people or structures to significant risks,including downslope or downstream flooding orlandslides, as a result of runoff, post-fire slopeinstability, 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 highfire hazard severity zones. The project site is located within the service boundaries of Fire StationNo. 33, located at 44947 Date Avenue, which can adequately serve the project site. Other firestations are also located in close proximity to the project site which can provide service ifneeded. Therefore, no impacts would occur. 2019 Update

HNR-4Initial StudyPage 55
Less ThanSignificantWith
PotentiallySignificantImpact
Less ThanSignificantImpact
NoImpactMitigationXXI. MANDATORY FINDINGS OF SIGNIFICANCE.a) Does the project have the potential to substantiallydegrade the quality of the environment, substantiallyreduce the habitat of a fish or wildlife species, cause afish or wildlife population to drop below self-sustaininglevels, threaten to eliminate a plant or animalcommunity, substantially reduce the number or restrictthe range of a rare or endangered plant or animal oreliminate important examples of the major periods ofCalifornia history or prehistory? b) Does the project have impacts that are individuallylimited, but cumulatively considerable? (“Cumulativeconsiderable” means that the incremental effects of aproject are considerable when viewed in connectionwith the effects of past projects, the effects of othercurrent projects, and the effects of probable futureprojects)? c) Does the project have environmental effects which willcause substantial adverse effects on human beings,either directly or indirectly? a-c. The proposed project consists of the construction and occupancy of a two-phased, 100%affordable residential development. The first phase would include 196 residential units and thesecond phase would include up to 303 residential units. The development would also includeassociated amenities, and a parking lot for the adjacent park. A tentative tract map, general planamendment and zone change would also be included as part of the project as previouslydescribed. Other projects have been approved or are under review within approximately one mileof the project site including those identified in Table 13. These projects are also required to be inaccordance with the City’s zoning code and General Plan. Cumulative impacts are the change inthe environment, which results from the incremental impact of the project when added to otherclosely related past, present, and reasonably foreseeable projects.

The proposed project would not create any impacts with respect to: Agriculture and ForestryResources, Energy Resources, Land Use and Planning, Mineral Resources, Transportation, TribalCultural Resources, and Wildfire. The project would create impacts to other resource areas andmitigation measures have been identified for Air Quality, Biological Resources, CulturalResources, Geology and Soils, and Noise. Impacts associates with these issues are less thansignificant with the incorporation of the identified mitigation measures. Many of the impacts 2019 Update

HNR-4Initial StudyPage 56generated 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 reduceimpacts when warranted. These mitigation measures reduce environmental impacts to less thansignificant levels whenever possible. Therefore, the project’s contribution to cumulative impactswould be less than significant.Table 13Related Projects ListCaseNo. Location APNs Acres Description StatusCUP SWC Avenue I and 3134-001-902, 5.67 114-unithousingcomplexCommercial zone affordable Approvedapartment21-03/ Sierra Highway 905, 908, 910;3134-002-903,904, 906, 908;3134-003-905,907, 910, 911,916, 919; 3134-004-912, 913,915, 916, 917,918 TTM74965
in the
SPR 18 th Street West and 3118-006-05722-15 Avenue HSPR 15 th Street West and 3154-002-03423-006 Avenue H

9.62 5.04
RV/Storage Facility
Storage Facility
UnderReviewUnderReviewc.
2019 Update

HNR-4Initial StudyPage 57List of Referenced Documents and Available Locations*:AIR: Air Quality, TAC, and GHG Emissions Analysis for theMaison’s Sierra Project, Lancaster, Los Angeles, County,California, Rincon Consultants, Inc., August 23, 20232023 Biological Resource Assessment of 55 Acre ParcelLancaster, California, Mark Hagan, May 1, 2023 CDD
CDD
BRR:CRS1: A Section 106 (NHPA) Historical Resources Study for theMaison’s Sierra Project, City of Lancaster, California, TractNo. 27099, BFSA Environmental Services, September 14, 2023 CDDA Section 106 (NHPA) Historic Resources Study for theMaison’s Sierra Phase I Project, City of Lancaster, California, CRS2:

ESA:

BFSA Environmental Services, May 2, 2023Phase I Environmental Site Assessment Report, Maison’s atSierra, Partner Engineering and Science, Inc., March 15, 2023Flood Insurance Rate MapLancaster General Plan Environmental Impact ReportLancaster General Plan

CDDCDDCDDCDDCDDCDDCDD
FIRM:GPEIR:LGP:LMC:LMEA:NOI:

Lancaster Municipal CodeLancaster Master Environmental AssessmentAcoustical Analysis for the Maison’s Sierra Project in Lancaster,California, Rincon Consultants, Inc.

CDDCDDCDD
SSHZ:USGS:USDA SCS:

State Seismic Hazard Zone MapsUnited States Geological Survey MapsUnited States Department of AgricultureSoil Conservation Service Maps CDD* CDD: Community Development DepartmentPlanning and Permitting DivisionLancaster City Hall44933 Fern AvenueLancaster, California 93534 2019 Update

STAFF REPORT
City of Lancaster
NB 1
12/12/2023
JC
Date:December 12, 2023
To: Mayor Parris and City Council Members
From:Rodrick Armalin, Chief of Police
Sonya Patterson, Director – Parks, Arts, Recreation & Community Services

Subject:Adding Chapter 12.28 to the Lancaster Municipal Code relating to Protection of Critical Infrastructure / Wildfire Risk Areas, and amending Chapter 12.04 - Parks and Public Spaces
Recommendation:

1. Introduce Ordinance No. _____, adding Chapter 12.28 to the Lancaster Municipal Code relating to the Protection of Critical Infrastructure and Wildfire Risk Areas; and

2. Introduce Ordinance No. _____, amending Chapter 12.04 – Parks and Public Places Rules and Regulations.

Fiscal Impact:

None
Background:

In evaluating of current issues that impact the ability to protect City infrastructure and maintain the safety and security of parks and public spaces, staff identified needed additions to the Lancaster Municipal Code.

Ordinance No. _____ (Chapter 12.28): a principal threat to the public health, safety, and welfare is the potential destruction of, damage to, or interference with, infrastructure that is critical to the provision of public services such as law enforcement, fire prevention, transportation, and utilities including communication, water, and waste disposal. Destruction, damage, or interference with critical infrastructure is often caused by persons whose activities are not permitted or authorized in, around, or near these locations. The disruption of critical infrastructure can negatively impact the delivery of essential services, including the provision of energy, transportation, water, food, communications, and emergency response services, as well pose a danger to health and wellbeing of the person(s) engaging in these unauthorized activities. 1 4
1 5
The purpose of this chapter is to mitigate the threat of potential causes of destruction and damage to critical infrastructure by authorizing the removal of persons and their personal property in, on, or near critical infrastructure.

Ordinance No. ____ (Chapter 12.04): The parks and facilities have seen a robust increase of community use and rentals, as well as an amplified request for special events and festivals held in public facilities. In addition, the city has seen a rise in unauthorized use, vandalism and crime in our parks and public spaces. In evaluating current issues, staff has identified amendments to Lancaster Municipal Code 12.04 that will strengthen safety and security at City parks and public spaces.

In order to maintain the safety and security of parks and public spaces certain activities are not permitted or authorized in, on, or near parks and public places. The destruction or damage to city park and public spaces, as well as the interference of the delivery of services, are often caused by persons conducting activities that are not permitted or authorized in or near parks and public spaces. Many times, these activities threaten the health, safety, and welfare of the public using or conducting business at these locations. Furthermore, the updates provide city staff and law enforcement the tools to hold those violating rules accountable, and if necessary, remove them from the facility.

RA:SP
Attachments:

A: Ordinance No. _____ (Chapter 12.28) – Final Draft Ordinance B. Chapter 12.04 - with redlines
C: Ordinance No. _____ (Chapter 12.04) - Final Draft Ordinance 1 4865-0060-0972v2/022283-0548
3 9
6 6
ORDINANCE NO. 1112

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LANCASTER ADDING CHAPTER 12.28 TO THE LANCASTER

MUNICIPAL CODE RELATING TO THE PROTECTION OF

CRITICAL INFRASTRUCTURE AND WILDFIRE RISK AREAS
WHEREAS, the City Council has determined that a principal threat to the public health, safety, and welfare is the potential destruction of, damage to, or interference with, infrastructure that is critical to the provision of public services such as law enforcement, fire prevention, transportation, and utilities including communication, water, and waste disposal; and WHEREAS, the City Council has determined that destruction of, damage to, or interference with, critical infrastructure is caused by fire, contamination, restricting access, or other causes; and
WHEREAS, the City Council has determined that destruction of, damage to, or interference with, critical infrastructure is often caused by persons whose activities are not permitted or authorized in, on, or near critical infrastructure; and WHEREAS, the City Council desires to mitigate the threat of fire and other potential causes of destruction and damage to and interference with, critical infrastructure, in order to protect the health, safety, and welfare of the public, by authorizing the removal of persons and their personal property in, on, or near critical infrastructure.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The above recitals are true, correct, and constitute a substantive part of this Ordinance.

Section 2. Chapter 12.28 is hereby added to the Lancaster Municipal Code to read as set forth in Exhibit A attached hereto and incorporated herein.

Section 3. Chapter 1.12, section 1.12.020, is hereby amended to read as set forth in Exhibit B attached hereto and incorporated herein.

Section 4. If for any reason any portion of this Ordinance is found to be invalid by a court of competent jurisdiction, the balance of this Ordinance shall not be affected.

Section 5. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage. 2 4865-0060-0972v2/022283-0548
3 9
6 6
I, Andrea Alexander, City Clerk of the City of Lancaster, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading on the _____ day of __________________, 2023, and placed upon its second reading and adoption at a regular meeting of the City Council on the _____ day of __________________, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:

ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
EXHIBIT A-1
4865-0060-0972v2/022283-0548
CHAPTER 12.28

PROTECTION OF CRITICAL INFRASTRUCTURE

AND WILDFIRE RISK AREAS

12.28.010 Findings and purpose.

12.28.020 Definitions.

12.28.030 Prohibited activities.

12.28.040 Summary abatement.

12.28.050 Interference with summary abatement.

12.28.060 Violation—Penalty.

12.28.010 Findings and purpose.

The City Council finds as follows: (1) a principal threat to the public health, safety, and welfare is the potential destruction of, damage to, or interference with, infrastructure that is critical to the provision of public services such as law enforcement, fire prevention, transportation, and utilities including communication, water, and waste disposal; (2) destruction of, damage to, or interference with, critical infrastructure is caused by fire, contamination, restricting access, or other causes; and (3) destruction of, damage to, or interference with, critical infrastructure is often caused by persons whose activities are not permitted or authorized in, on, or near critical infrastructure.

The purpose of this chapter is to mitigate the threat of fire, flood, and other potential causes of destruction and damage to and interference with critical infrastructure, in order to protect the health, safety, and welfare of the public, by authorizing the removal of persons and their personal property in, on, or near critical infrastructure.

12.28.020 Definitions.

When used in this chapter, the following words and phrases have the following meanings:
“Camp” has the same meaning as “camping” as defined in section 9.34.010B of this code.
“City Manager” means the city manager of the city or his or her designee. “Critical infrastructure” means each of the following:

1. Bridges;

2. Storm drain and other flood control structures or improvements; or

3. Real property or a facility, whether privately or publicly owned, as approved by resolution of the city council, that the city manager designates as being so vital and integral to the operation or functioning of the city that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare.

EXHIBIT A-2
4865-0060-0972v2/022283-0548
Critical infrastructure may include, but is not limited to, government buildings, such as fire stations, police stations, jails, or courthouses; hospitals; structures, such as antennas, bridges, roads, train tracks, drainage systems, or levees; or systems, such as computer networks, public utilities, electrical wires, natural gas pipes, telecommunication centers, park facilities designated as evacuation locations by the City Manager, or water sources.
“Debris” has the same meaning as “refuse” as defined in section 13.16.020 of this code.
“Encampment” means one or more temporary, makeshift, or hand-built structures not intended for long-term continuous occupancy, including tents, that are used to shelter one or more persons or their belongings and that are not authorized by the property owner. Encampment includes any camp paraphernalia and personal property associated with or located in or around the structures or tents. “Facility” means a building, structure, equipment, system, or asset. “Fire prevention official” means the fire chief, a deputy fire chief, the fire marshal, or a fire prevention officer.
“Garbage” has the same meaning as in section 13.16.020 of this code. “Hazardous waste” has the same meaning as in section 40141 of the California Public Resources Code.
“Infectious waste” has the same meaning as in section 17225.36 of title 14 of the California Code of Regulations.
“Shelter” means any City-funded County-funded, State-funded, or privately- funded shelter where individuals or families experiencing homelessness can access beds and other services or an area designated by the City Manager for use by individuals or families experiencing homelessness. A list of current shelters is provided on the City’s website.
“Solid waste” has the same meaning as garbage.
“Wildfire risk area” has the same meaning as in section 202 of title 24 of the California Code of Regulations.

12.28.030 Prohibited activities.

A. It is unlawful and a public nuisance for any person to camp at the following locations:

1. Critical infrastructure;

2. Within 25 feet of critical infrastructure;

3. Within 25 feet of a vehicular or pedestrian entrance or exit of critical infrastructure;
EXHIBIT A-3
4865-0060-0972v2/022283-0548

4. On those portions of a right-of-way that are required by local, state, or federal law to be free of obstruction to first responders, including but not limited to members of law-enforcement, fire-prevention, or emergency- medical-services agencies; or

5. Wildfire risk area.

B. It is unlawful and a public nuisance for any person to store personal property in the following locations without the written consent of the owner, except as otherwise provided by resolution of the city council:

1. Critical infrastructure;

2. Within 25 feet of critical infrastructure;

3. Within 25 feet of a vehicular or pedestrian entrance or exit of critical infrastructure;

5. Wildfire risk area.

C. At all times, regardless of the availability of shelter space or beds, it is unlawful for any person to camp or to maintain an encampment where such activity poses:

1. an immediate threat or an unreasonable risk of harm to any natural person,

2. an immediate threat or an unreasonable risk of harm to public health or safety, or

3. disruption to vital government services.

D. Regardless of the availability of shelter space or beds, it is unlawful for any person to camp or to maintain an encampment in the following locations:

1. During regular school hours or within 60 minutes before or after the schoolday or 60 minutes before or after a school-sponsored activity at the schoolsite: within a Safe School Zone as defined in Penal Code section 626;

2. at all times: within two blocks of any shelter provided that signs are posted prohibiting camping that are clearly visible to pedestrians;

3. at all times: in any open space, waterway, or banks of a waterway;

4. at all times: within any transit hub, on any train or bus platform, or along any train tracks provided that signs are posted prohibiting camping that are clearly visible to pedestrians; and

5. at all times: in any park where the City Manager determines there is a substantial public health and safety risk and provided that signs are posted EXHIBIT A-4
4865-0060-0972v2/022283-0548
prohibiting camping that are clearly visible to pedestrians. For purposes of this section, the definition of park does not include open space.

E. This section does not prohibit overnight camping on private residential property with the owner’s consent.

E. Nothing in this chapter prohibits activities of a private property owner or other lawful occupant of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes. Additionally, nothing in this chapter prohibits activities of a private property owner or other lawful occupant if such activities are expressly authorized by any other provision of this code, or any other applicable law, ordinance, or regulation.

12.28.040 Summary abatement.

A. A violation of section 12.28.030 may be abated by the city upon 24 hours prior written notice.

B. Notwithstanding subsection A., above, a violation of section 12.28.030 that poses an imminent threat to public health or safety may be abated immediately or upon up to 3 hours notice if such notice can be provided without increasing the threat to public health or safety.

C. Written notice shall be provided as follows:

1. A written Notice of Clean-Up will be posted on each tent or structure and in any other distinct areas of the encampment providing notice of the date of clean-up and giving the applicable minimum number of hours for persons to remove their personal property.

2. The written notice shall include:

Notice that all belongings must be removed from the site within 24 hours.

Notice that no belongings should be left behind and all belongings left behind will be removed by the City.

Notice that the City will post an Impound Notice if belongings are stored during the clean-up process.

Advisory that if individuals wish to minimize the risk of losing valued belongings, they should try to keep those belongings their your person at all times, in a storage facility, or in visible, sanitary, and safely accessible bags or bins.

Advisory that individuals who believe their belongings were stored, can claim them by following the directions on the Impound Notice after the clean-up is complete.

EXHIBIT A-5
4865-0060-0972v2/022283-0548
Advisory that information about how to claim belongings is also available on the City’s website. Individuals may retrieve any stored belongings without being asked about their criminal background or outstanding warrants.

Individuals may access shelter or services, including access to storage for their personal belongings, through the City of Lancaster’s website.

2. After 24 hours, the City Manager shall conduct abatement of the site on the date posted on the Notice of Clean-Up. If abatement is delayed or rescheduled, the City Manager may conduct abatement within 48 hours of the posted Notice of Clean-Up without reposting a new Notice of Clean- Up. If abatement is delayed longer, the City Manager shall repost a Notice of Clean-Up with a new date.

3. The City Manager shall follow these additional procedures when persons are present at an encampment during abatement:
a. When shelter is available, the City Manager shall provide any person at an encampment with shelter and service information and direct them to remove their belongings from the site. The City Manager shall evaluate reasonable requests for additional time or assistance to remove items and may accommodate those requests to the extent practicable.
b. Any person who returns to an encampment during abatement shall be allowed to remove their personal property from the site. Personal property left behind will be deemed abandoned.
c. Any person arrested for a criminal offense or an outstanding warrant shall not be required to abandon personal property they identify as their own. Unless the person requests the personal property be discarded or entrusted to another, all personal property of apparent value will be taken to the location designated by the City Manager and identified on the Impound Notice for impoundment in accordance with existing policy and procedure. Where the owner of the items cannot be readily identified or discovered, the City Manager shall follow the abatement process in this Division.

4. The City Manager shall document the abatement process as follows:
a. photograph or video record the site before any abatement begins, b. open backpacks, purses, suitcases, and other small storage containers to determine whether they contain items eligible for storage,
c. set out items contained in bags or suitcases and photograph the items,
EXHIBIT A-6
4865-0060-0972v2/022283-0548
d. photograph or video record all items to be stored,
e. photograph or video record the cleanup process, and f. photograph or video record the site after abatement has concluded.

5. Unclaimed items found in abatement shall be eligible for storage if:
a. circumstances indicate that the item belongs to a person, b. the item has apparent utility in its current condition and circumstances, and
c. the item can be safely retrieved from the site.

Examples of items potentially eligible for storage include identification and associated paperwork, medication stored in medication bottles with identifying information, art, art supplies, musical instruments, and items that reasonably appear to have sentimental value in their current condition.

An item need not be in a new or perfect condition to have apparent utility.

6. An eligible item found during an abatement shall be put into storage, unless it meets one the following disqualifying conditions:
a. hazardous, including items contaminated with human waste, animal waste, or bugs, explosives, weapons, liquids, drug paraphernalia, or mold;
b. likely to become hazardous in storage, including perishables, wet materials that might become moldy, and items covered in mud; c. practically un-storable, due to large size, weight, or other similar characteristic;
d. contraband or stolen; or
e. is on the City Manager’s current list, published on the City’s website, of common types of items that, in the experience of City staff, individuals regularly abandon during abatement, and there is no contrary indication as to the specific item.

7. The City Manager shall record each eligible item to be stored, including the location it was found and the date of storage. Any stored items shall be kept in storage at least 90 calendar days and then may be disposed of, recycled, or reused.

8. After abatement has concluded and when eligible items are collected and will be placed in storage, the City Manager shall post notices at the location of the abatement that includes information how a person can claim stored items. Information about retrieval of stored items shall also be available on the City’s website. A person may retrieve stored items based on a description with sufficient specificity to demonstrate ownership. A person EXHIBIT A-7
4865-0060-0972v2/022283-0548
may retrieve stored items without inquiry into the person’s criminal background or outstanding warrants.

B. Abatement pursuant to subsection A may include, but is not limited to, removal of personal property, garbage, hazardous waste, infectious waste, junk, or debris; and securing the perimeter of the property with fencing, gates, or barricades to prevent further occurrences of the nuisance activity.

C. Regardless of the city’s authority to conduct abatement pursuant to this section, every owner, occupant, or lessee of real property, and every holder of any interest in real property, is required to maintain their property in compliance with local, state, and federal law; and is liable for violations thereof.

D. The cost of abatement, including all administrative costs of any action taken hereunder, may be assessed against the subject premises as a lien, made a personal obligation of the owner, or both, in accordance with procedures in chapter 8.28 of this code.

12.28.050 Interference with summary abatement.

No person shall willfully prevent, delay, resist, obstruct, or otherwise interfere with a city official, employee, contractor, or volunteer in their execution of an abatement pursuant to this chapter.

12.28.060 Violation—Penalty.

A. Violations of this chapter are hereby declared to be a public nuisance.

B. Any person who violates a provision of this chapter is subject to an administrative citation pursuant to Chapter 1.16 in an amount as set forth in Chapter 1.12, section

1.12.020, for each day the violation continues.

C. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.

EXHIBIT A-8
4865-0060-0972v2/022283-0548

EXHIBIT B
CHAPTER 1.12, SECTION 1.12.020

GENERAL PENALTY

1.12.020 - Penalty for violation.

A. Misdemeanors. Any person convicted of a misdemeanor under the provisions of this code, is punishable by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment in the Los Angeles County Jail for a period not exceeding six months, or by both such fine and imprisonment.

B. Infractions. Any person convicted of an infraction under the provisions of this code, is punishable by (1) a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) a fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one year; (3) a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one year.

C. Continuing Violations. Each day or any portion thereof that a person violates any provision of this code, including without limitation, the maintenance of a building, structure or use in violation of this code, shall constitute a separate offense.

D. Any person convicted of a misdemeanor or infraction under the provisions of the code sections set forth in the following fee schedule, is punishable by a fine not exceeding the penalty amounts or community service hours set forth in the following fee schedule. All other violations not set forth in the fee schedule below shall be punishable by a fine or community service hours in an amount to be adopted by ordinance of the city council.

FEE SCHEDULE
Lancaster Municipal
Code Section Violation Monetary
Penalty
Community
Service Hours

12.28.030; Ch. 12.28 Endangering Critical Infrastructure $25
$75
$150
2 4
8 9.48.050(B)(1); Ch. 8.20 Littering
$100
$200
$500
4 8
12 9.48.050(B)(2); Ch. 8.24 Noise Violations
$100
$200
$500
4 8
12 EXHIBIT A-9
4865-0060-0972v2/022283-0548
Lancaster Municipal
Code Section Violation Monetary
Penalty
Community
Service Hours

9.48.050(B)(3); Ch. 8.62 Shopping Cart Violations
$100
$200
$500
4 8
12 9.48.050(B)(4);
Chs. 9.12, 9.16, and 9.18 Loitering Violations
$100
$200
$500
4 8
12 9.48.050(B)(5); Ch. 9.20 Public Alcohol Consumption
$100
$200
$500
4 8
12 9.48.050(B)(6); Ch. 9.34 Camping and Lodging Violations $25
$75
$150
2 4
8 9.48.050(B)(7); Ch. 9.36 Aggressive Solicitation Violations $100
$200
$500
4 8
12 9.48.050(B)(8); Ch. 12.04 Violations of Park Rules
$50
$100
$200
4 8
12 9.48.050(A)
Any misdemeanor offense as set
forth in the California Penal Code,
Business & Professions Code,
Health & Safety Code, Vehicle
Code, or other state code, provided
such offense does not involve a
battery, assault, or other offense
related to physical attack or injury
on a person
$100
$200
$500
4 8
12 8.30.060(A) Grass taller than 8"
$50
$100
$200
4 8
12 8.30.060(B)
Landscape materials or areas
infested
with insects, disease or vermin
$100
$200
$500
4 8
12 EXHIBIT A-10
4865-0060-0972v2/022283-0548
Lancaster Municipal
Code Section Violation Monetary
Penalty
Community
Service Hours

8.30.060(C) Dead or dry plant material
$100
$200
$500
4 8
12 8.30.060(D)
Overgrown plant that prohibits
pedestrian or vehicular travel or
visibility on public street or
sidewalk
$100
$200
$500
4 8
12 8.30.060(E) Trees or shrubs with dead limbs and
Branches
$100
$200
$500
4 8
12 8.30.060(F) Numerous or large areas of bare dirt
within lawns.
$50
$100
$200
4 8
12 8.30.060(G) Planter or lawn areas containing a
significant number of weeds
$50
$100
$200
4 8
12 8.30.060(H)
Broken or improperly adjusted
irrigation systems resulting in
significant or continuous spray,
spillage or flow or water onto
adjacent
property, public streets or
continuous pooling or ponding of
water either on
or off site
$100
$200
$500
4 8
12 8.30.060(I)
Accumulation of large amounts of
plant material debris such as leaves,
pulled weeds, grass clippings, or
branches that are not being used for
mulching or composting purposes
$100
$200
$500
4 8
12 8.30.060(J) Inoperative backflow prevention
device on irrigation system
$100
$200
$500
4 8
12 EXHIBIT A-11
4865-0060-0972v2/022283-0548
Lancaster Municipal
Code Section Violation Monetary
Penalty
Community
Service Hours

5.04.290; Ch. 5.04; Article
I Business Licenses
Failure to obtain business license or
other violation of Ch. 5.04; Article I
Business Licenses
$100
$200
$500
4 8
12 5.04.210-240; Ch. 5.04;
Article II Peddlers and
Vendors
Failure to comply with Ch. 5.04;
Article II Peddlers and Vendors
$100
$200
$500
3 6
9 5.04.270-280; Ch. 5.04;
Article IV Registration of
Secondhand Purchases
Failure to comply with Ch. 5.04;
Article IV Registration of
Secondhand Purchases
$100
$200
$500
4 8
12 5.04.520; Ch. 5.04; Article
V Sidewalk Vendors
Failure to comply with Ch. 5.04;
Article V Sidewalk Vendors; subject
to 5.04.530
$100
$200
$500
4 8
12 1
4894-0267-6366v3/022283-0541
3 9
6 7
ORDINANCE NO. 1113

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LANCASTER AMENDING AND RESTATING CHAPTER 12.04 TO THE LANCASTER MUNICIPAL CODE RELATING

TO PARKS AND PUBLIC PLACES
WHEREAS, the City Council has determined that certain provisions of Chapter 12.04 require amendment; and
WHEREAS, the City Council has determined that in order to maintain the safety and security of parks and public spaces, that certain activities are not permitted or authorized in, on, or near parks and public places; and
WHEREAS, the City Council has determined that destruction of, or damage to, or interference with, parks and publics spaces is often caused by persons conducting activities that are not permitted or authorized in, on, or near parks and public spaces; and WHEREAS, the City Council desires to protect the health, safety, and welfare of the public in parks and public spaces, by authorizing the removal or exclusion of persons who fail to comply with applicable laws, ordinances, rules and regulations.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The above recitals are true, correct, and constitute a substantive part of this Ordinance.

Section 2. Chapter 12.04 is hereby repealed in its entirety and restated to read as set forth in Exhibit A attached hereto and incorporated herein.

Section 3. If for any reason any portion of this Ordinance is found to be invalid by a court of competent jurisdiction, the balance of this Ordinance shall not be affected.

Section 4. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage.

I, Andrea Alexander, City Clerk of the City of Lancaster, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading on the _____ day of __________________, 2023, and placed upon its second reading and adoption at a regular meeting of the City Council on the _____ day of __________________, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
2 4894-0267-6366v3/022283-0541
3 9
6 7
ATTEST: APPROVED:
_____________________________ ____________________________ ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
3 4894-0267-6366v3/022283-0541
3 9
6 7
Exhibit A
Chapter 12.04 - PARKS AND PUBLIC PLACES RULES AND REGULATIONS

12.04.010 - Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
“Alcoholic beverage” means alcohol, spirits, liquor, wine, beer and every liquid or solid containing one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or combined with other substances. “Amplified sound” means sound projected and transmitted by electronic equipment, including amplifiers.
“Amplified speech” means speech projected and transmitted by electronic means. “Buildings” means those structures or any portion thereof under the management of the city and made available for the use of permittees, including parking areas. “City” means the city of Lancaster.
“City manager” means the city manager of the city of Lancaster, or a designated representative to act in his/her place.
“Code” means the Lancaster Municipal Code.
“Commercial Use or Enterprise” means any use of a park, public or facility amenity for or in connection with any money-making venture, whether or not such venture is profitable, including the selling, offering for sale, or peddling of any goods, wares, merchandise, services, liquids, or edibles for human or animal consumption, and/or sales activities that utilize park property or facilities to complete the terms of sale or provide a service as a result of the sale or that affect park operations, facility use, or visitor safety, such as fitness clubs, exercise groups, sports camps and individual sports lessons; provided, however, that fundraising activities conducted by a nonprofit organization, recognized as such by the state of California, shall not be deemed to be a commercial use.
“Designated representative” means a person appointed by the city manager or the city council to act as a representative.
“Director” means the director of the city of Lancaster parks, arts, recreation and community services department or a designated representative to act in his/her place. “Dog park” means an enclosed area officially identified by signage and designated by the City where dogs are permitted to be off-leash.
4 4894-0267-6366v3/022283-0541
3 9
6 7
“Festival” means a special event whose primary purpose is to present multifaceted arts, cultural, or recreation-based experiences. In addition, the event set-up and take-down typically occurs on days other than the event day(s). Festivals typically include elements such as activity demonstrations, dance, festival merchandise sales, food and beverage sales and service, hands- on activities, music, theatrical performances, and/or visual art exhibitions. “Fundraising walks and runs” means special events whose primary purpose is to raise awareness and/or funds for specific social or health issues.
“Motor vehicles” means any multi-wheeled, treaded or sled-type vehicle that is propelled by a motor engine, including any vehicle commonly known as a “motorized recreations vehicle.” “Narcotics and controlled substances” manes those narcotics and drugs listed or defined in the California Health and Safety Code as may be amended from time to time. “Obstruct pedestrian or vehicular traffic” means to walk, stand, place an object, sit, or lie in such a manner as to block passage by another person or vehicle, or to require another person or driver to take evasive action to avoid physical contact.
“Parks” means and includes every park, water park, plaza, skate park, playground, trail, preserve, swimming pool, court, field, greenbelt/greenway, facility amenity or other recreational facility, together with any accompanying parking lot or staging area, to which the public has a right of access and use for park or recreation purposes and which is owned, managed or controlled by the City and under the jurisdiction of the City Manager. “Park and facility amenities” means and include, without limitation, playground and exercise equipment, benches, picnic tables, public art, structures, fountains, walls, fences, gates, trees, monuments, signs, playing surfaces, railings and backstops in a park. “Permit” means a document that authorizes use of parks, equipment or building as provided for and defined within city ordinances.
“Persons” means individuals, groups, organizations, associations, partnerships, firms and corporations.
“Preserve” means improved or unimproved natural land that is owned, used, or maintained by the City, where development activity is limited in an effort to maintain natural areas and protect sensitive habitat, and not designed or intended for games and other recreational activity that typically occurs at a park.
“Trails” means any path, trail, firebreak road, or fire protection road located within a park, public place, or open space area and designated by the City Manager for public use. “Public places” means any property, improved or unimproved, including but not limited to public buildings, museums, theaters and other facilities owned or leased by the City, and includes public 5 4894-0267-6366v3/022283-0541
3 9
6 7
parking lots, garages, publicly-owned drainage culverts and basins, and publicly-maintained landscaped areas. Public places also includes any public right of way or area of public property open to the public such as public streets, highways, sidewalks, bridges, alleyways, driveways, trails, paseos, pathways, walkways, staircases or passageways that are open to vehicular, bicycle or pedestrian traffic.
“Section” means a section of this part unless some other statute or policy is specifically identified.
“Shall” means mandatory; “may” means permissive.
“Special event”/large community event” means a large event that has any noise exceeding the City’s noise ordinance; uses any street, sidewalk, or other right of way; needs police and/or fire regulations, monitoring and/or control; occurs for more than one day; generates crowds of spectators sufficient in size to obstruct, delay or interfere with the normal flow of pedestrian or vehicle traffic or use of City parks or public places; has a greater impact on a park or public place and neighboring community than casual or intended park use; and/or has parking needs that will exceed the capacity of the venue; requires external infrastructure to support the event, such as bleachers, portable toilets, soundstages, tents.

12.04.020 - Authority and enforcement.

The elected city council authorizes the city manager to implement and administer the policies, ordinances and regulations contained therein. Whenever a power is granted to or a duty imposed on the city manager, the powers may be exercised or the duty performed by a designated representative of the city manager, unless this policy expressly provides otherwise. The city manager shall enforce the provisions of this part.

12.04.030 - Enforcing officer.

City and/or Los Angeles County employees who are certified peace officers, as well as City employees and/or contractors who have been delegated enforcement authority by the City Manager pursuant to Chapter 1.08 of this Code, shall have the authority to warn, evict, arrest and cite persons who violate any provisions of the city ordinance. City and county peace officers shall carry proper identification.

12.04.040 - Entry to activities.

The city manager, or a duly authorized representative, may enter any park area or recreation facility at any time to inspect the premises for safety, compliance of use, hazards, or other reasons deemed necessary by the city.

12.04.050 - Hours of operation.

A person shall not enter, be or remain in any park or in any building in any park between the hours of 10:00 p.m. and 6:00 a.m., or when posted closed or within specific hours, except as authorized by a written permit issued by the City Manager. The City Manager may change the hours of use as stated above for any event or individual park. All persons shall comply with such changed hours. A person shall not park or cause to be parked any motor vehicle in any park or associated parking facility during said closed hours, or when posted closed or posted as “no parking.” 6 4894-0267-6366v3/022283-0541
3 9
6 7

12.04.060 - Emergency or Temporary Closure of Parks, Public Places, and Recreational Areas.

In an emergency or when the City Manager determines that the public interest, public health, public welfare, maintenance purposes, or public safety demands such action, any park, public place, grounds, or recreation area or facility, or any part or portion thereof, may be closed to the public, and all persons may be excluded therefrom until such emergency or need for closure has ceased.

12.04.070 - Use of city equipment by noncity groups.

City equipment is provided for the express purpose of carrying out the city functions. Requests received from noncity local groups or organizations for the use of city equipment shall be made in writing to the city. Such requests may be granted by the city manager provided that such use does not interfere with city operations. Appropriate fees may be charged.

12.04.080 - Obstruction of Access
A. No person may sit, lie down upon, or otherwise obstruct a public sidewalk, street, maintained landscape area, curb, staircase, biking or walking path, or in doorways and entrances to buildings, or upon a blanket, sleeping bag, cardboard box, chair, stool, or any other object placed upon a public sidewalk, street, maintained landscaped area, curb, staircase, biking or walking path, or in doorways and entrances to buildings, as provided by the Americans with Disabilities Act of 1990, Pub. L, No. 101-336, 104 Stat. 328 (1990), as amended from time to time.*
B. No person may sit or lie down upon a public bench or other seating facility that is intended for use by multiple individuals at the same time, in a way that prevents access to the public bench by multiple users at the same time.

C. No person may intentionally sit or lie down and obstruct pedestrian or vehicular traffic in a park or public place.

D. No person will be cited under this section unless the person engages in conduct prohibited by this section, after having been notified by the City Manager or enforcing officer that the conduct violates this section.

E. The prohibitions in this section will not apply in the following cases and to the following persons:

1. If such sitting or lying is necessitated by the physical disability of such person.

2. Such person is viewing a legally conducted parade.

3. Persons who involuntarily or unavoidably sit or lie down in a park or public place due to circumstances beyond the person's control, including, but not limited to, a medical emergency.
7 4894-0267-6366v3/022283-0541
3 9
6 7

4. Persons who, as a result of a disability, utilize a wheelchair, walker, or similar device to move about the public sidewalk or other public walkways and paths.

5. Persons operating or patronizing a commercial establishment conducted on the public sidewalk, pursuant to an applicable valid City permit or approval; or persons participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted in a park or public place.

6. Any conduct in parks or public places that are privately owned where such conduct is in conformity with permission granted by the owner or person in possession and control of such premises.

7. Any conduct that is in conformity with the terms of any permit or other approval granted, pursuant to this code or City policy.

8. Any conduct that constitutes lawful activity protected under the laws of the State of California or by the United States Constitution, including, but not limited to, peaceful protesting, picketing, demonstrating, signature gathering, voter registration, or leafleting.

12.04.090 - Exceptions.

The provisions of this chapter do not apply to the operation of city-owned or operated vehicles or personnel who engage in official city business.

12.04.100 - Liability.

All persons to whom a use permit is granted must agree in writing to hold the city harmless and indemnify city from any and all liability for injury to persons or property occurring as the result of the activity sponsored by permittee, and said persons shall be liable to the city for any and all damages to parks, equipment and buildings owned or controlled by city which result from the activity or permittee or is caused by any participant in said activity. A person exercising any of the privileges authorized by this policy does so at his own risk without liability on the part of the city for any injury to persons or property resulting therefrom.

When an association or organization which carries public liability insurance requests the use of city facilities, or when the city is involved with scheduling and/or coordinating their activities, a certificate of co-insurance naming the city as an additional insured, with the additional insured endorsement, must be filed with the city fourteen days prior to the first day of use of facilities involved. The city may require proof of liability insurance with limit of bodily injury and property damage of not less than one million dollars ($1,000,000.00) and a certificate of co- insurance for any group when it is determined that the planned activity is judged to be other than a low risk activity.

12.04.110 - Damage to buildings, facilities and equipment.

Individuals or groups causing damage to any building, grounds, fixtures, furniture or appurtenance shall be required to reimburse the city for all costs involved to restore the building, 8 4894-0267-6366v3/022283-0541
3 9
6 7
grounds, fixtures, furniture or appurtenance to its original condition. Such individuals or groups shall be subject to refusal of use in the future.

12.04.120 - Vandalism.

Persons causing vandalism, or parents of persons under the age of eighteen (18), will be held financially responsible for the full amount of damages, or the maximum allowed under the California Civil Code, Sections 1714.1 and 1714.3 or subsequent sections. All provisions of the California Penal Code, Section 594, referring to malicious mischief, are applicable.

12.04.130 - Security.

To ensure proper use and control of facilities and equipment, a security guard may be required when an event is the major use of a facility. Additional security measures may be required to protect the general public and city property.

12.04.140 - Disturbing the peace
It is unlawful for a person to do any of the following within a park:

A. Fight or challenge another person to fight;
B. Use offensive words which are likely to incite imminent lawless action; or C. Maliciously and willfully disturb another person by loud and unreasonable noise, provided however, where the noise is a result of communications made in a loud manner, the communication shall be unlawful only where it is likely to incite imminent lawless action, or where the communication is not intended as such but is merely a guise to disturb persons.

12.04.150 - Application for use.

A. The city manager shall reserve the right to grant or deny all applications for the use of parks or buildings within the city. Unless waived by the city manager, all applications for use of city parks or buildings shall be signed by an adult twenty-one (21) years of age or over who shall be responsible for compliance with the terms of the permit.

B. Requests for use shall be made a minimum of fourteen (14) days and a maximum of six months prior to the date of requested use. Exception: Alcoholic beverage permits must be made in person a minimum of ninety (90) days prior to the event. Permits for a special event/large community event, festival, or fundraising walk/run must be made a minimum of one hundred twenty (120) days prior to the event.

C. Denial of an application shall be based on the following criteria:

1. When a building or a park with the required capacity for the proposed activity is not available;

2. Refusal by an applicant to agree in writing to conditions of the permit;

3. Failure of an applicant to file an application in sufficient time for administrative review;
9 4894-0267-6366v3/022283-0541
3 9
6 7

4. The failure to provide the required number of personnel to properly police and protect the activity and other users of the facility or area due to the size or nature of proposed activity;

5. The filing of more than one application for the same facility at the same time.

Under these circumstances, the city manager will give consideration to the application first received and the schedule of priority classification;

6. When usage of facility may damage, destroy or detract from the city property and/or cause harm, injury, discomfort or displeasure to the other persons in or near the park;

7. Record of applicant or event not complying with regulations of this chapter.

12.04.160 - Priority of use.

A. Use of facilities is based on priority ranking. Groups ranked at a low priority may be subject to rescheduling with thirty (30) days' written notice; in that event, the city will attempt to relocate the group to another city facility.

B. Group priority rating shall be as follows:

1. City of Lancaster and city parks, arts, recreation and community services department sponsored activities;

2. Other governmental agency meetings open to the public;

3. Youth, family or adult community recreation activities open to the general public, sponsored or conducted by recognized community organizations;

4. Groups conducting recreation activities open to only their own members (closed meetings);

5. Non-recreation use, service organizational meetings, or restricted activities not open to the general public;

6. Religious, sectarian or political groups;

7. Commercial use for financial gain;

8. Out-of-city groups (fifty-one (51) percent of participants do not reside or work within the city limits).

12.04.170 - Revocation of permit.

Permit may be revoked if any terms or conditions of the permit are violated by the permittee or any agent or employee of the permittee. Said permit may be revoked by the city manager with or without notice to the persons to whom the permit was issued. 10 4894-0267-6366v3/022283-0541
3 9
6 7

12.04.180 - Right of appeal.

An applicant may appeal the decision of a city representative regarding park and building permits. The applicant must file such appeal through the following appeal process: first, appeal through the director; second, appeal through the city manager; third and final appeal is made to an independent hearing officer in accordance with the procedures set forth in Chapter 8.28 of this Code.

12.04.190 - Permit.

The application for a permit shall include, but not be limited to, the following information:

A. Name of the applicant, the sponsoring organization(s), and name of the person in charge of the proposed activity;
B. Address and telephone number of applicant(s);
C. Park or building being applied for and the area involved; D. Starting time of the proposed activity;
E. Finishing time of the proposed activity;
F. Number of persons expected;
G. Additional city personnel or items requested, such as tables, chairs, and associated equipment;
H. Nature of the proposed activity or activities, including equipment and vehicles to be brought into the park, duration and nature of the use of any amplified sound whether sound, or speech;
I. Fees charged and moneys collected for the proposed activity; J. Individual(s) who will receive moneys collected and purpose for money; K. Notice of requirement of certificate of co-insurance for public liability, in the form of attachment to application, if required.

L. Application fee.

12.04.200 - Extended usage.

Facility usage may be granted for a maximum of six months. Requests for facility usage exceeding six months are subject to administrative approval and will be reviewed each six months for compliance to the city priority schedule. Scheduled groups may be subject to cancellation upon thirty (30) days' notice. When cancellation is necessary, the city will attempt to relocate the activity.

12.04.210 - Fees and deposits.
11 4894-0267-6366v3/022283-0541
3 9
6 7
Fees and deposits may be levied to offset city expenses incurred in providing services. Basic rates for use of facilities are established by resolution adopted by the city council and are subject to change by the city council.

12.04.220 - Use of parks.

The city's reservable areas may be made available for the use of persons and groups subject to the issuance of a permit and the payment of fees therefor. Use of any park for pre-advertised assemblies may not be made without the issuance of a permit. All applications for use of any park must be signed by an adult twenty-one (21) years of age or over who shall agree to be responsible for said exclusive use.

12.04.230 - Use of recreation centers, picnic facilities and athletic fields.

Recreation centers, reservable picnic facilities, and athletic fields within the city's parks, are available for the use of persons and groups subject to the issuance of permit and payment of fees thereof. All applications for use must be signed by an adult twenty-one (21) years of age or over who shall agree to be responsible for said use. No use permit shall be granted if there is a conflict with a prior reservation.

A. Any request which will place a major impact on a given facility will be subject to the city review process. “Major impact” is defined as any activity that impedes the normal use of more than one area of any city facility. All requests are subject to city priority ranking classification (Section 12.04.150). The city reserves the right to cancel a permit or application for a permit upon one week's notice.

B. Applications are immediately revocable if false statements are made in reserving a facility, or if the individual or group willfully violates any rule or regulation established by the city. Applicants shall be responsible for the condition in which they leave city premises.

If city property has been damaged or abused beyond normal wear, applicants shall be responsible for reasonable costs to replace, repair or clean such property.

C. Persons or groups may use any designated reservable or nonreservable facility of any part on a first come, first served basis; however, such groups must vacate any reserved facility at the time a permitted group arrives. Individual picnic tables are available on a first come, first served basis in all non-reservable areas.

D. No use permit shall be granted for any reservable field before eight a.m. nor beyond one hour before sunset unless the park has appropriate lighting.

E. City personnel will open and close buildings and may be on duty to supervise the use of the facility.

12.04.240 - Rental periods.

Minimum building rental periods are based on two-hour increments. The time indicated on the application will reflect the actual facility use time which includes setup, decoration and clean up. Additional time beyond the two-hour block will be charged on an hourly rate.

12.04.250 - Setup.
12 4894-0267-6366v3/022283-0541
3 9
6 7
Setup, breakdown and basic cleanup will be the responsibility of the group utilizing the facility.

When city personnel are to be utilized for setup, finalized setup sheets must be submitted ten (10) days prior to the event. Changes after the final setup sheet is submitted shall be the responsibility of the user.

12.04.260 - Decorations.

Decorations of any building or on any structure are prohibited unless approval is obtained by the user from the city representative.

12.04.270 - Interference.

No person shall use, attempt to use or interfere with the use of any facility which is reserved for another person or group holding a permit issued from the city.

12.04.280 - Compliance.

No person shall enter, occupy or remain in any park or building of the city unless compliance with the appropriate regulations set forth in this chapter are adhered to.

12.04.290 - Regulations.

The City Manager may promulgate rules and regulations deemed necessary to facilitate implementation of this Chapter.

12.04.300 - Violation—Penalty.

A. It is a misdemeanor for any person within an area owned or controlled by the city to knowingly and willfully violate any provision of this chapter, the conditions of any permit issued pursuant hereto, or any rule or regulation relating to parks or buildings.

B. Persons who violate any provision of this chapter, conditions of a permit issued pursuant hereto, or any rule or regulation promulgated to implement this chapter may also be issued an administrative citation in accordance with the procedures set forth in Chapter 1.16 of this Code.

C. Any use, activity or condition in violation of the provisions of this chapter constitutes a public nuisance subject to abatement.

12.04.310 - Alcoholic beverages; narcotics and controlled substances.

A. A person shall not enter, be or remain in any park or public place while in possession of transporting, selling, giving away or consuming any alcoholic beverage except at a concession facility which has a contract with the City, or in connection with a special event duly authorized by the City Manager for which the sponsoring organization is properly licensed by the California Department of Alcoholic Beverage Control.

B. A person shall not enter, be or remain in any park or public place while in possession of, transporting, selling, giving away or consuming any narcotic or controlled substance. 13 4894-0267-6366v3/022283-0541
3 9
6 7
C. A person shall not enter, be or remain in any park or public place while he or she is under the influence of any alcoholic beverage, narcotic or controlled substance.

12.04.320 - Amplified sound.

Except as authorized by the City Manager for specific events and times, or except as necessary for the preservation of public peace or safety, it is unlawful to use any public address system, loudspeaker or other sound-amplifying device in any park or public place, or to otherwise exceed noise levels established by the City, as may be amended from time to time.

12.04.330 - Animals.

A. When prohibited. No person shall bring into any park or public place any cattle, horse, mule, goat, sheep, swine, dog, cat, or other animal of any kind except as hereafter specifically provided or as otherwise permitted by the City Manager.

B. Facilities in which animals are prohibited. Animals are not permitted in any indoor park, public place, facility amenity, swimming pool, preserve, and/or skate park. This subsection does not apply to service animals for blind or disabled persons.

C. Dogs. Except as provided in Subsection B, a person may bring and maintain in a park or public place a dog, if such dog is kept on a leash or chain with a length not to exceed six feet and is under full control of its owner or custodian, or upon written authorization of the City Manager when required to authorized park or public place programs. With the exception of dog parks or dog exercise and/or training areas designated and posted as such, no dog shall be allowed to graze or run at large within the boundaries of a park. The presence of a dog in a dog park or dog exercise and/or training area shall constitute implied consent of the owner or custodian of the dog as to the obligation to comply with any rules or regulations promulgated regarding dog parks and dog exercise and/or training areas. The presence of a dog in a dog park or dog exercise/training area shall constitute a waiver of liability on behalf of the owner or custodian of the dog, to the City, as well as an agreement and undertaking to protect, indemnify, defend and hold harmless the City for any injury or damage caused by the dog.

D. Removal of dog waste. Any person having the care, custody, possession or control of a dog in a park or public place must remove all fecal matter deposited by his/her dog before the person leaves the immediate area where the fecal matter has been deposited. Such person shall have in his/her possession the equipment necessary to remove the dog’s fecal matter.

12.04.340 - Off-leash Dog Area Rules and Regulations
The following rules and regulations apply to the use of all off-leash dog areas at City of Lancaster parks:

A. Dogs must be accompanied by persons responsible for the dog(s) who are eighteen (18) years of age or older.
14 4894-0267-6366v3/022283-0541
3 9
6 7
B. Children under the age of six (6) years old are not permitted in the dog off-leash areas.

Persons six (6) to seventeen (17) years of age must be accompanied and supervised by an adult (18 years of age or older) and shall not run, shout, scream, or otherwise excite or antagonize dogs while in the off-leash areas.

C. Dogs under the age of four (4) months are not permitted in the dog off-leash areas.

D. Dogs must be current on vaccinations and licensing. Dogs must have a current, county issued dog license on display.

E. Dogs that are sick or injured are not permitted in dog off-leash areas.

F. Dogs must be spayed or neutered to use the off-leash areas.

G. No more than three (3) dogs per responsible person are allowed in the off-leash areas.

H. Dogs exhibiting aggressive or other behavior that jeopardizes human or animal safety are not permitted and are to be immediately removed.

I. If a dog injures a person or another dog, the person responsible for the dog shall immediately provide his/her name and phone number and the dog owner’s name and phone number (if different), to the injured person and City staff.

J. Large dogs (over thirty-five [35] pounds) are permitted only in designated large dog areas, small dogs (under thirty-five [35] pounds) are permitted only in designated small dog areas.

K. A person responsible for a dog(s) shall remove dog feces and shall dispose of it in waste containers for that purpose. It is the responsibility of each person responsible for a dog(s) to supervise, and clean up after his/her dog(s) to ensure a clean and orderly off-leash area.

L. A person responsible for a dog(s) must remain with his/her dogs(s) in dog off-leash areas at all times. Each dog must be under visual and voice control by the person responsible at all times. Dogs that do not respond to voice commands are not permitted.

M. A person responsible for a dog(s) must stop his/her dog(s) from digging. Any holes created by his/her dog(s) must be filled.

N. When not secured within the enclosure of a dog off-leash area, every dog shall at all times be restrained by a leash no more than six (6) feet in length, held in the hand of a person capable of controlling the dog.

O. No person shall harass, tease, or incite any dog in any way in any dog off-leash areas, including but not limited to, verbal or physical gestures or throwing of objects.

P. No food (for people or dogs) is allowed in dog off-leash areas.

Q. No glass containers are allowed in dog off-leash areas.

R. No toys (except toss toys, such as balls and frisbees) are allowed in dog off-leash areas.

S. Spiked collars on dogs are not permitted in any dog off-leash areas.

T. Bicycles, rollerblades, roller skates, skateboards, strollers, and similar items are not permitted in any dog off-leash areas. Wheelchairs and other aides for the disabled are permitted.

U. Dog trainers are not permitted to use any dog off-leash areas to conduct business.

V. Anyone who abandons an animal anywhere, including in a dog off-leash area, is subject to a $500 fine and/or up to six (6) months in jail per the California Penal Code Section 597s.

W. Use of dog off-leash areas by any person responsible for a dog(s) shall constitute implied consent of that person to all regulations and shall constitute a waiver of liability to the City, and an agreement to protect, defend, indemnify, and hold harmless the City, its 15 4894-0267-6366v3/022283-0541
3 9
6 7
officials, and employees for any injury or damage caused by a dog(s) within such dog off- leash areas.

X. The Director may approve additional administrative regulations relating to the use of any dog off-leash areas not inconsistent with this chapter and shall cause those regulations to be posted prominently within the dog off-leash areas.

Y. Any City employee may request anyone who violates these rules or any posted rules to leave the off-leash area and the park.

12.04.350 - Climbing.

No person shall climb any tree, or walk, stand or sit upon monuments, signs, buildings, roofs, railings, fences, gates, backstops, or tables in a park or public place, or upon any park property not designated or customarily used for such purposes in a manner inconsistent with the intended use or design.

12.04.360 - Dumping.

Dumping rocks, soil, grass clippings, branches, leaves, equipment, vehicles, furniture, furnishings or accessories, or any other item or material is prohibited without first obtaining a city permit.

12.04.370 - Filming.

Filming for commercial purposes is prohibited without a permit issued by the City, and shall be conducted in accordance with any conditions imposed by the permit and/or any rules and regulations promulgated to implement the City’s filming policy

12.04.380 - Fire.

No person shall light or maintain any fire unless:

A. In compliance with all applicable rules and regulations of the Los Angeles County Air Pollution District; and
B. He/she first obtains a written permit from the City Manager; and C. Such fire is lighted and maintained only in a barbecue or place provided by the City for that purpose.

12.04.390 - Firearms and weapons.

A. Parks. Possession, discharging or use of firearms, airguns, slingshots, bows and arrows, knives, explosives or incendiary devices is prohibited on park property including any portion of the riding and hiking trails.

B. Public buildings. Except as otherwise provided by federal or state law, no person shall carry a firearm in any public building. This prohibition applies to persons licensed to carry a concealed firearm. The following persons are exempt from this Subsection:

1. Active duty sworn peace officers ;

2. Retired sworn peace officers who carry the requisite identification as set forth in federal law and are in compliance with any and all recertification required by their permitting agency;

3. A security guard or a guard of a contract carrier operating an armored vehicle, when such person is engaged in the exercise of their official duties.

12.04.400 - Fireworks and dangerous objects.
16 4894-0267-6366v3/022283-0541
3 9
6 7
The possession or firing of firecrackers, rockets, torpedoes or fireworks on park property is prohibited.

12.04.410 - Golf.

No person shall play the game of golf, including putting by the use of a golf club or clubs or similar instrument to strike a golf ball, in any park, unless as part of an approved or permitted city recreation program.

12.04.420 - Harmful objects.

No person shall place, throw, leave, keep or maintain any object in such a manner or such a place in a park that a person or animal may be injured or any structure, facility amenity, or vehicle may be damaged, except as may be designated by the City Manager for such use.

12.04.430 - Hazardous games.

No person shall operate a motorized or self-propelled model vehicle or participate in activities of a hazardous nature in a park, including without limitation, propelling or launching a rocket, missile, or projectile of any type, or participating in archery, or playing hardball in any area except as designated and posted for such use.

12.04.440 - Hot air balloons, hang gliders, sky divers.

No person shall operate or land a hot air balloon, hang glider or shall sky dive in a city park without first obtaining a city permit.

12.04.450 - Hunting.

Hunting, shooting, wounding or capturing animals on park property is prohibited.

12.04.460 - Model airplanes, boats, cars, model rockets, drones.

No person shall operate in any park any model airplane, boat, car, craft, drone or other similar device that is powered by internal combustible engine, remote control, or other similar or electrical power source except in an area and at such times designated for such use. The foregoing prohibition shall not apply to any drone operated by the City.

12.04.470 - Motor vehicles and parking.

A. No person shall bring to or operate in any park or open space area any motor vehicle, except at such times and such places as permitted by the City Manager in written regulations or permits issued, and any such operation of a motor vehicle shall be in accordance with the conditions of such regulation or permit.

B. Parking. No person shall park any motor vehicle in any park or public place except in areas designed by the City Manager for parking, with the exception of emergency and/or service vehicles authorized by the City.

C. No overnight parking. No person shall park nay motor vehicles overnight in park or public place except in areas designated by the City Manager for overnight parking, with the exception of emergency and/or service vehicles authorized by the City. 17 4894-0267-6366v3/022283-0541
3 9
6 7
D. Speed. The speed limit for all vehicles on vehicular ways within a park or public place shall be fifteen miles per hour unless otherwise posted. No person shall operate a motor vehicle in excess of the speed limit.

E. Posted roads. No person shall operate a motor vehicle over a road which is posted against public use or across which are closed gates. No motor vehicle shall be operated over riding or hiking trails unless permission is posted or a written permit has been issued by the City Manager.

F. Vehicle Code. Enforcing officers, as defined herein, enforce all applicable provisions of the California Vehicle Code in all parks and public places at all times.

12.04.480 - Nudity, disrobing, bathing..

A. No person shall appear, bathe, sunbathe, change clothes, disrobe or be in any park or public place in such a manner that the genitals, buttocks, or pubic hair region, or any portion of the breast at or below the upper edge of the areola of any female person, is exposed to public view. This subsection shall not apply to children under the age of five, provided such children are sufficiently clothed to conform to accepted community standards.

B. No person shall bathe, wash or cleanse any portion of the body other than hands and face in park restrooms, drinking fountains or splash pads.

12.04.490 - Overnight camping.

Overnight camping without a permit is prohibited.

A. Youth Groups. A permit may be issued to any youth group of a responsible nature allowing the members to camp overnight at a designated location in a park. The members of such group shall be supervised by an adequate number of responsible adults, twenty-one (21) years of age or older. The members of the group and/or adult supervisors in charge of a youth group shall comply with time, location and conditions specified in the permit. Said use shall not interfere with the use of the park or in any way be detrimental to the park.

B. Trailers, Campers, Motor Homes, cars and trucks. Overnight parking of trailers, campers, motor homes, cars or trucks is prohibited on park property without a city permit.

12.04.500 - Park and public place property, vegetation, wildlife.

No person shall engage in any of the following in any park or public place:

A. Dig, remove, destroy, injure, mutilate or cut any tree, plant, vegetation, shrub, grass, fruit or flower, or any portion thereof;
B. Remove, destroy, disturb, or deface any wood, turf, grass, soil, rock, sand, or gravel; C. Cut, break, injure, deface or disturb any facility amenity or any portion thereof, or mark or place thereon any mark, writing, printing, or etching, or placing of any sign, card, display or other similar device;
D. Hunt, harm, molest, kill or harass any animals or wildlife, including nests, burrows, dens, perches, and all features of native habitat and the inhabitants thereof. 18 4894-0267-6366v3/022283-0541
3 9
6 7

12.04.510 - Polluting water.

A. Dishwashing prohibited. No person shall place, wash or cleanse any edible matter, dish or utensil, in any park or public place waters, including but not limited to restroom basins, drinking fountains, pools, fountains, splash pads.

C. Polluting water prohibited. No person shall place trash, rubbish, garbage, liquids, chemicals or other materials in any park or public waters.

12.04.520 - Prime Desert Woodland Preserve and other preserve areas.

A. No dogs, horses, mule, goat, sheep, swine, cat or other animal of any kind shall be allowed at a preserve.

B. No open fires shall be allowed at a preserve.

C. With the exception of wheelchairs, strollers, and other mobility assistance devices, no wheeled vehicles of any type are permitted in a preserve.

D. No camping without prior written consent of the City Manager shall be allowed at a preserve.

12.04.530 - Roller skating, skateboards.

A. No person shall use or operate any roller skates or skateboard in any park or public place, with the exception of the designated skating area in Jane Reynolds Park or any other park or area that may be designated and posted for roller skating or skateboarding in the future.

B. Where skating is permissible, no person shall use or operate any roller skates or skateboard without proper protective equipment.

12.04.540 - Rubbish; disposal.

A. No person shall throw, place or dispose of any garbage, refuse, waste paper, bottles or cans in any place in a park or public place other than into a garbage can or other receptacle maintained therein for that purpose. No person shall bring into a park or public place any garbage, refuse, waste paper, bottles or cans for the purpose of disposing in any such receptacle.

B. Where receptacles are not provided, all refuse or trash shall be carried away from the park or public place by the person responsible for its presence, and shall be lawfully disposed of elsewhere.

C. No person shall scavenge through or remove any item, including recyclables, from any garbage can or other solid waste receptacle.

D. Glass containers are prohibited in all parks.
19 4894-0267-6366v3/022283-0541
3 9
6 7

12.04.550 - Smoking.

Smoking, vaping, or otherwise ingesting tobacco, nicotine delivery products, or cannabis is prohibited in all parks and public buildings. The use of tobacco, nicotine delivery products, or cannabis in areas adjacent to parks or public buildings shall be in accordance with the provisions of Chapter 8.32 of this Code.

12.04.560 - Soliciting for or Selling Merchandise and Services.

A. Except as provided in Chapter 5.04, Article V of this Code as relates to sidewalk vendors, no park or public place or facility may be used for any commercial use or enterprise in any form unless the City is directly involved as a co-sponsor of an event or project, or the City manager has authorized such commercial enterprise with a written permit. This prohibition includes sales activities that encroach on the sales rights of a vendor authorized to sell such products or services pursuant to a concession contract with the City.

B. Sidewalk vendors shall conduct vending business in accordance with operating and location requirements set forth in Chapter 5.04 of this Code.

12.04.570 - Special amusement equipment.

The temporary construction and/or use of amusement play equipment, such as bounce-houses or any inflatable devices, climbing walls, carousels, dunk tanks, ball crawls, pony rides, slip-and- slides, laser tag, etc., are prohibited, unless a permit has been issued by the City, the operator of such equipment has provided written indemnification and a certificate of insurance and endorsements from the equipment rental company naming the City as additional insured. Location of such equipment is subject to the approval of the City.

12.04.580 - Stage areas.

No person shall enter upon, cross, use, or occupy an elevated stage area at a park without a City permit.

12.04.590 - Throwing objects.

Throwing missiles, mud, sand, or any object that may cause bodily harm to others is prohibited on park property. Objects safely and reasonably used in the course of recreational activities are exempt from this section.

12.04.600 - Trespassing.

Trespassing into areas designated “No Trespassing” is prohibited. This includes, but is not limited to, rooms in city buildings or structures, swimming pools during specific posted hours, fenced control areas such as storage areas, shop areas, holding areas, construction sites, and all other areas posted for protection of property, health, safety or welfare or where damage to body and limb, equipment, fixtures or accessories or property may occur.

12.04.610 - Vandalism.

Persons causing vandalism, or parents of persons under the age of eighteen (18), will be held financially responsible for the full amount of damages, or the maximum allowed under the 20 4894-0267-6366v3/022283-0541
3 9
6 7
California Civil Code, Sections 1714.1 and 1714.3 or subsequent sections. All provisions of the California Penal Code, Section 594, referring to malicious mischief, are applicable.

12.04.620 - Exclusion.

Permission to be within the limits of any park, as defined by this Chapter, or to use any facilities, is conditioned on the person present in said park complying with all applicable provisions of this Chapter or any other applicable laws, ordinances, rules, and regulations. A violation of any provision of this Chapter or of any order, rule, or regulation authorized by this Chapter, or of any other applicable law, ordinance, rule, or regulation will result in the person so violating being a trespasser ab initio, and the enforcing officer may cause any such person to be removed or exclude the person from a park in accordance with this Section in addition to any other remedy or penalty.

Nothing in this Section will be construed to authorize the removal or exclusion of any person lawfully engaged in expressive activity protected by the First Amendment to the United States Constitution, or other activity protected by the United States or California constitution.

However, a person lawfully exercising these protected rights but who commits an act that is not protected can be subject to removal or exclusion.

A. For the purposes of this Section, removal is an order given by the enforcing officer, directing a person to immediately leave a park and not return for the remainder of the day.

B. For the purposes of this Section, exclusion is an order given by the enforcing officer, directing a person to immediately leave a park and not return for the period of days specified in this Section.

C. Before issuing an exclusion order, the person will be given a verbal or written warning describing the conduct giving rise to the exclusion and a reasonable opportunity to stop the conduct. An exclusion order will not be issued if the person promptly complies with the direction and stops the conduct. A warning is not required before issuing an exclusion order where the behavior, conduct, or activity constitutes one or more of the following:

1. A felony, misdemeanor, or motor vehicle offense;

2. Obscene, violent, or riotous conduct;

3. Lighting or maintaining a fire in any park other than in a stove, fire circle, or area designated for such purpose;

4. Results in property damage estimated to be $1,000 or more;

5. Dangerous or threatening behavior. Behavior is dangerous or threatening if a reasonable person exposed to or experiencing such behavior could believe that the person would be in imminent danger of physical harm. Actual bodily harm is not required; and

6. Conduct for which a documented prior exclusion order has been issued and not overturned on appeal.

D. Written notice of the exclusion order will be provided to any person excluded. The notice will briefly describe the conduct and list the provision of law that is the basis for the exclusion; the date, length, and place of exclusion; a description of the process for filing an appeal; and a warning of the consequences for failure to comply. The exclusion notice shall be signed by the issuing enforcing officer. The Director, Chief of Police or Sheriff may use reasonable discretion to determine multiple park facilities for the exclusion.

E. The exclusion order will be effective for 30 days, except as stated in paragraph F, during which time the violator may not return to the listed park or park facilities. A second exclusion 21 4894-0267-6366v3/022283-0541
3 9
6 7
within a 12-month period will be effective for 90 days. Additional exclusion orders issued within a 12-month period of the second exclusion order will be effective for 180 days. No exclusion order overturned on appeal will be counted.

F. The duration of the first exclusion shall be 60 days, if one or more of the following occur:

1. A felony;

2. Property damage estimated to be $1,000 or more; or

3. Dangerous or threatening behavior as defined in this Section. A second exclusion for a person described in this Subsection F within a 12-month period will be effective for 120 days. Additional exclusion orders issued within 12-month period of the second exclusion order for a person described in this Subsection F will be effective for 270 days.

No exclusion order overturned on appeal will be counted.

G. Appeal.

1. "Hearing Officer" means the person designated by the City Manager who will conduct a fair and impartial hearing under this Chapter.

2. A person issued a notice of exclusion may appeal the notice within five days by filing a written appeal with the City Clerk. The written appeal shall include the exclusion notice number, a reason the person should not have been excluded, and a phone number, address or email at which the City may serve the cited individual a response to his or her request.

Filing an appeal does not preclude the issuance of an exclusion order for a new violation of this Section.

3. Upon receipt of a timely and complete notice of appeal, a Hearing Officer will be appointed, and once appointed the City Manager will forward the notice of appeal and all relevant documents to the Hearing Officer. Upon filing of an appeal, the exclusion order will be stayed. The Hearing Officer will set an administrative hearing as provided by the Hearing Officer's procedures. The hearing shall be de novo. The exclusion order will be upheld if the Hearing Officer determines by a preponderance of evidence that the person committed the act for which the person was excluded, and the exclusion is otherwise in accordance with the law. Evidence may include, without limitation, witness testimony, documents, or other similar evidence. In lieu of personally appearing at an administrative hearing, the cited individual may request that the Hearing Officer decide the matter based on the notice, the written appeal, and any other documentary evidence submitted prior to the hearing date.

4. The Hearing Officer shall issue a written decision responding to the appeal within 10 business days or as otherwise allowed by the Hearing Officer procedures. The decision of the Hearing Officer shall be final.

H. The Department, the Sheriff, or other designee shall maintain an accurate database of those persons excluded from parks or park facilities by their respective employees.

I. Notwithstanding Section 17.04.300.A, a violation of a removal or exclusion order is unlawful and may be charged as a misdemeanor, as provided by Section 1.24.010. Nothing in this Section limits the authority of the City to obtain an injunction prohibiting or restricting park access by any person.

STAFF REPORT
City of Lancaster
NB 2
12/12/2023
JC
Date: December 12, 2023
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Sheila Niebla, Senior Engineer - PW City Engineering
Subject: Award of Design-Build Services – Public Works Construction Project No. 24-013, Public Safety Building Renovation
Recommendations:

1. Award a Design-Build professional services agreement to Bowe Contractors, Inc., of Tehachapi, CA, in the amount of $3,916,319.00 plus a 10% contingency, for Public Works Construction Project No. 24-013 Public Safety Building Renovation to design and construct renovation improvements. Authorize the City Manager, or his designee, to sign all documents. The design-build entity selection process was made in accordance with Chapter 4 of the Public Contract Code, as applicable, and negotiated in accordance with California Public Contract Code Section 22038(c).

2. Find that the City has complied with the California Environmental Quality Act. A Notice of Exemption was filed on September 15, 2023.

3. Approve an appropriation of $3,000,000.00 from Fund Balance into project string CP14BS001.CONST from GL Code 10149900.8000.

Fiscal Impact:
$4,307,950.90 (including 10% contingency); with approval of the appropriation, sufficient funds are available in the Capital Improvement Budget project string.

Background:

The Public Safety Building Renovation project will renovate the existing building located at 44811 Sierra Highway, Lancaster, California 93534, to accommodate the needs and operations of the Lancaster Public Safety Department. The Public Safety Building includes a ground floor (22,400 sf) and mezzanine (6,040 sf) for a total area of 29,440 square-feet.

The Public Works Department, City Engineering Division, solicited qualifications and proposals 1 4
7 6
through a Request for Qualifications & Proposals (RFQ&P) from design-build entities and managed the procurement process. RFQ&P #800-24 for Design-Build Services for the PWCP 24-013 Public Safety Building Renovation was advertised on September 10, 2023.

The RFQ&P included a description of design-build services requested, Statement of Qualifications (SOQ) Qualification Questionnaire and submittal requirements, Technical Proposal and submittal requirements, local preference criteria, design-build entity selection process, and other additional information. Ten companies attended the pre-qualification conference on September 20, 2023, held at the Public Safety Building. PlanetBids recorded 50 prospective bidders.

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 24-013 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.

SOQs and Proposal were due to City Clerk on October 3, 2023. No responsive bids were received. In accordance with California Public Contract Code Section 22038(c), this contract may be awarded to a design-build team by negotiation.

Having demonstrated their ability to deliver the recent multi-phase City Hall renovation, to the City’s satisfaction, and successfully work with the City and with the City’s Engineering Consultant, Bowe Contractors, Inc., of Tehachapi, CA, and Duke Engineering Associates of Lancaster, CA, will form the design-build entity under Bowe Contractors, Inc. The design-build entity has submitted a complete SOQ and negotiated in good faith to deliver the proposed Public Safety Building renovation scope within budget; and, most importantly, within the timeline needed to vacate the former Jethawks Stadium, where Public Safety currently resides, to allow for the renovation and conversion of the stadium for occupancy by the United Soccer League (USL).

MD:ab/jr
Attachments:

Professional Services Agreement for Design-Build Services Vicinity Map

AGREEMENT FOR DESIGN-BUILD SERVICES
THIS AGREEMENT FOR DESIGN-BUILD SERVICES (this “AGREEMENT”) is made and entered into this _____ day of _____________, 20___, by and between the CITY OF LANCASTER, a municipal corporation and charter city (the “OWNER”), and BOWE CONTRACTORS, INC., (the “CONTRACTOR”).

RECITALS
WHEREAS, OWNER desires to engage CONTRACTOR to perform certain technical and professional services, as provided herein, identified as:

DESIGN-BUILD SERVICES FOR THE
PWCP 24-013 PUBLIC SAFETY BUILDING RENOVATION
WHEREAS, the principal members of CONTRACTOR are qualified and duly registered/licensed under the laws of the State of California, and CONTRACTOR desires to accept such engagement;
NOW, THEREFORE, the parties agree as follows:

1. Parties to the AGREEMENT.

The parties to this AGREEMENT are:

A. OWNER: City of Lancaster
Bowe Contractors, Inc.B. CONTRACTOR:

2. Notices. All written notices required by or related to this AGREEMENT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this AGREEMENT shall refuse to accept such mail; parties to this AGREEMENT shall promptly inform the other party of any changes of address. All notices required by this AGREEMENT are effective on the day of receipt, unless otherwise indicated herein.

OWNER Public Works Director
City of Lancaster
44933 North Fern Avenue
Lancaster, California 93534
CONTRACTOR Karen Bowe
Bowe Contractors, Inc.
609 Bailey Ct,
Tehachapi, California 93561

3. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without prior written consent of the other party, and any such assignments without said consent shall be void. - 1 -

4. Incorporation by Reference. The Request for Qualifications and Proposal (RFQ&P) – #800-24, PWCP 24-013 Public Safety Building Renovation and CONTRACTOR’S Proposal are hereby incorporated in and made a part of this AGREEMENT. The AGREEMENT consists of this Agreement, the Notice to Interested Design-Build Entities, the Request for Qualifications and Proposal, and all Exhibits attached thereto and incorporated by reference therein, all Addenda, the Statement of Qualifications (SOQ, Qualifications Questionnaire) and all Exhibits and supporting documentation attached thereto and incorporated by reference therein, accepted Technical Proposal and all Exhibits and supporting documentation and attached thereto and incorporated by reference therein, the Performance Bond, and the Payment (Labor and Materials) Bond, all of which are referred to as the AGREEMENT DOCUMENTS. All of the provisions of the AGREEMENT DOCUMENTS are hereby incorporated in and made a part of this AGREEMENT as if fully set forth therein. CONTRACTOR agrees to comply with all of the requirements set forth of the AGREEMENT DOCUMENTS.

5. Precedence of AGREEMENT Documents. If there is a conflict between AGREEMENT documents, the document highest in precedence shall control. The precedence shall be:
70First: This AGREEMENT consisting of ___ pages
Request for Qualifications and Proposal (RFQ&P) – #800-24 Contractor’s Proposal
Second:

Third:

Fourth: Contractor’s Statement of Qualifications

6. Description of Work. OWNER hereby engages CONTRACTOR, and CONCTRACTOR accepts such engagement, to perform the technical and professional services set forth in the “Scope of Services” attached hereto as Exhibit “A”. CONTRACTOR shall perform and complete, in a manner satisfactory to OWNER, all work and services set forth in Exhibit “A”. The Public Works Director or their designee shall have the right to review and inspect the work during the course of its performance at such times as may be specified by the Public Works Director, or their designee.

Substitution of securities for any monies withheld by the City of Lancaster to ensure performance under this AGREEMENT will be permitted in accordance with Section 22300 of the State of California Public Contract Code.

7. Obligations of the OWNER.

A. The total compensation to be paid by OWNER to CONTRACTOR for all work and services described in Exhibit “A” is not to exceed $2,000,000.00. CONTRACTOR’S fees and charges for the work and services performed shall in no event exceed those set forth in Exhibit “B” attached hereto and made a part hereof.

B. No payment made hereunder by OWNER to CONTRACTOR, other than the final payment, shall be construed as an acceptance by OWNER of any work or materials, nor as evidence of satisfactory performance by CONTRACTOR of its obligations under this AGREEMENT.

C. No payment made hereunder by OWNER to CONTRACTOR, other than the final payment, shall be construed as an acceptance by OWNER of any work or materials, nor as evidence of satisfactory performance by CONTRACTOR of its obligations under this AGREEMENT.

8. Obligations of the CONTRACTOR.

A. CONTRACTOR shall perform as required by this AGREEMENT. - 2 -

CONTRACTOR also warrants on behalf of itself and all subcontractors engaged for the performance of this AGREEMENT.

B. CONTRACTOR shall be responsible for payment of all employees' and subcontractor's wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.

C. CONTRACTOR agrees and shall (1) award construction subcontracts, if any; and (2) ensure that CONTRACTOR and any subcontractors will use a skilled and trained workforce to perform all Services under this AGREEMENT, in accordance with the provisions in the California Public Contract Code concerning local agency design-build projects (Public Contract Code 22160-22169).

9. Senate Bill 854.

SB 854 bill signed into law on June 20, 2014, established a new public works contractor registration program to replace prior Compliance Monitoring Unit (CMU) and Labor Compliance Program (LCP) requirements for bond-funded and other specified public works projects. The Department of Industrial Relations (DIR) requires all contractors and subcontractors who bid or perform work on a public works project (as defined under the Labor Code) be subject to a registration and annual renewal fee. Contractors must apply online and meet minimum qualifications to be registered as eligible to bid and work on public works projects. The requirement to list only registered contractors and subcontractors on bids becomes effective on March 1, 2015. The requirement to only use registered contractors and subcontractors on public works projects applies to all projects awarded on or after April 1, 2015. This project shall comply with the requirement of SB 854.

Coverage is not limited only to work performed at the construction site by the traditional construction trades, but extends broadly to workers employed “in the execution of” the public works contract.

Survey and Geotechnical Services will only need to register if the scope of services provided would require the payment of prevailing wage and be considered to be covered under the California Labor Code. Even though survey and geotechnical services typically are viewed as CONTRACTORs and generally do not necessarily fit the term “contractor,” compliance with section SB 854 will be required by the Department of Industrial Relations ("DIR"). Essentially, if the services provided by a survey or geotechnical services firm would be considered to be covered under the applicable California Labor Code sections, then they should register. It should be noted that only the firm needs to register and not individual licensed design professional(s).

Attention is directed to the revisions to Labor Code Section 4. 1725.5 and Section 5. 1771.1:

A. SECTION 4 1725.5
“A contractor (CONTRACTOR) must be registered pursuant to this section in order to be qualified to bid on, be listed in a bid proposal pursuant to Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work that is subject to requirements of this chapter. (a) To qualify for registration under this section, a contractor must do all of the following:
(1) Beginning July 1, 2014, register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial non-refundable application fee of $300 to qualify for registration under this section and an annual renewal fee on or before July 1 st each year thereafter. The annual renewal fee shall be in a uniform amount set by the - 3 -

Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3.
(2) Provide such evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Worker’s Compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker who the contractor will employ to perform work that is subject to prevailing wage requirements other than a contractor who, is separately registered under this section. Coverage may be evidenced by a current and valid Certificate of Workers’ Compensation Insurance or Certification of Self-Insurance required under Section 7125 of the Business and Professions Code.
(B) Where applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code. (C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages, or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means.
(D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months, or since the effective date of the requirements set forth in subdivision (f), whichever is shorter. For a contractor found to be in violation of the requirements of this paragraph only, the period of disqualification shall be waived if: (i) the contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months; and (ii) the contractor pays an additional non-refundable penalty registration fee of $2,000. (b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established pursuant to Section 1771.3 and shall be used only for the purposes specified in subdivision (b) of Section 1771.3
(c) The term “contractor,” as used in this section, shall include any subcontractor or “CONTRACTOR”, as defined in Section 1722.1.
(d) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. A contractor who inadvertently fails to pay the renewal fee may - 4 -

retroactively renew its registration by paying an additional non-refundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the date of the renewal fee. (e) The requirements of this section shall not apply with respect to any contract, which as a result of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or decision by a court that classifies, after the time at which the body awarding the contract accepts the contractor’s bid or awards the contractor a contract, the work covered by the bid or contract as a “public work,” as defined in this chapter, to which Section 1771 applies, provided that:
(1) The body awarding the contract failed to identify as a public work, in the bid specification or in the contract documents that portion of the work that the determination or decision classifies as a “public work.”
(2) Within twenty (20) days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section. (3) The requirements of this section shall apply prospectively only to any bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2) of this subdivision. (f) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work, as defined in this chapter, entered into on or after April 1, 2015.”
B. SECTION 5 1771.1
(a) No contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal pursuant to Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered to perform public work pursuant to Section 1725.5 It shall not be a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Sections 10164 or 20103.5 of the public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of this requirement shall be included in all bid invitations and public works contracts, and no bid shall be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor’s current eligibility to perform public work pursuant to Section 1725.5.
(c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following requirements are met: (1) the subcontractor is registered prior to the bid opening; (2) within 24 hours after the bid opening the subcontractor is registered and has paid the penalty registration fee specified in paragraph (E) - 5 -

of subdivision (2) of Section 1725.5; or (3) the subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code. (d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) of this Section shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The DIR shall maintain on its website a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation. However, no contract for public work shall be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.

A. This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This project shall comply with the requirements of SB 854.

10. Payment of Prevailing Wage.

A. The State of California, Department of Industrial Relations, has ascertained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension, and similar purposes applicable to the field work to be done. These rates shall be the minimum wage rates for this project. These rates are on file with the City of Lancaster and copies will be made available to any interested party upon request.

Attention is directed to the provisions of Section 1777.5 (Chapter 1411, Statutes of 1968) and Section 1777.6 of the Labor Code concerning the employment of apprentices by the CONTRACTOR or any subcontractor under him.

Section 1777.5, as amended, requires the CONTRACTOR or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval.

The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except:
(A) When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15% in the 90 days prior to the request for certificate; or (B) When the number of apprentices in training in the area exceeds a ratio of one to five; or (C) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally; or (D) When the CONTRACTOR provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. - 6 -

The CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions.

The CONTRACTOR and any subcontractor under them shall comply with the requirements of Section 1777.5 and Section 1777.6 in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

B. The provisions of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of CONTRACTOR for personnel to perform any services under this AGREEMENT. OWNER shall have access to all documents, data and records of CONTRACTOR and its subcontractors for purposes of determining compliance with the Prevailing Wage provisions of this Section.

11. Audit. OWNER shall have the option of inspecting and/or auditing all records and other written materials used by CONTRACTOR in preparing its statements to OWNER as a condition precedent to any payment to CONTRACTOR.

12. Hold Harmless and Indemnification. CONTRACTOR agrees to indemnify and hold harmless the OWNER, its officers and employees, from and against any and all claims, losses, obligations, or liabilities whatsoever, including reasonable Attorney’s fees, incurred in or in any manner arising out of or related to CONTRACTOR’S negligent or willful wrongful acts, errors or omissions, or those of its employees or agents. CONTRACTOR agrees to defend OWNER, its officers and employees, from and against any and all claims arising from any alleged negligent or wrongful acts, errors or omissions on the part of the CONTRACTOR or on the part of its employees.

13. Amendments. Any amendment, modification, or variation from the terms of this AGREEMENT shall be in writing and shall be effective only upon mutual written approval by the Public Works Director and CONTRACTOR.

14. Non-Discrimination and Equal Employment Opportunity.

A. In the performance of this AGREEMENT, CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, physical or mental disability or age. CONTRACTOR will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, physical or mental disability or age. Affirmative action relating to employment shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship.

15. Termination for Convenience. The governing board of the OWNER may terminate this AGREEMENT at any time without cause by giving fifteen (15) days written notice to CONTRACTOR of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials shall, at the option of OWNER, become the OWNER's property. If this AGREEMENT is terminated by OWNER as provided herein, CONTRACTOR will be paid a total amount equal to its costs as of the termination date, plus ten percent (10%) of that amount for profit. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this AGREEMENT.

16. Termination for Cause.

A. The governing board of the OWNER may, by written notice to CONTRACTOR, terminate the whole or any part of this AGREEMENT in any of the following circumstances:
(1) If CONTRACTOR fails to perform the services required by this AGREEMENT within the time specified herein or any authorized extension thereof; or (2) If CONTRACTOR fails to perform the services called for by this AGREEMENT or so fails to make progress as to endanger performance of this AGREEMENT in accordance with its terms, and in either of these circumstances does not correct such failure within a period of ten (10) days (or such longer period that OWNER may authorize in writing) after receipt of notice from OWNER specifying such failure.

B. In the event OWNER terminates this AGREEMENT in whole or in part as provided above in paragraph A of this Section, OWNER may procure, upon such terms and in such manner as it may deem appropriate, services similar to those terminated.

C. If this AGREEMENT is terminated as provided above in paragraph A, OWNER may require CONTRACTOR to provide all finished or unfinished documents, data, studies, drawings, maps, photographs, reports, etc., prepared by CONTRACTOR. Upon such termination, CONTRACTOR shall be paid an amount equal to the contract amount, less the cost of hiring another CONTRACTOR to complete CONTRACTOR's services. In the event no new CONTRACTOR is employed, CONTRACTOR shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to completed work and work in progress, complete and incomplete drawings, and other documents whether delivered to OWNER or in possession of CONTRACTOR, and authorized reimbursement expenses.

D. If, after notice of termination of the AGREEMENT under the provisions of this Section, it is determined, for any reason, that CONTRACTOR was not in default, or that the default was excusable, then the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Section 15.

17. Independent Contractor. CONTRACTOR is an independent contractor and shall have no power or authority to incur any debt, obligation or liability on behalf of the OWNER. It is expressly understood between the parties to this AGREEMENT that no employee/employer relationship is intended; CONTRACTOR is an independent contractor.
- 8 -

18. Insurance
A. The CONTRACTOR, at its expense, shall maintain in effect at all times during the term of this AGREEMENT the following coverage and limits of insurance, which shall be maintained with insurers listed "A-, VIII" or better in the Best's Key Rating Guide:

Commercial General Liability
Each Occurrence $5,000,000
Per Project General Aggregate $10,000,000
Including Products/Completed Operations; Contractual Liability/Independent Contractors; Property Damage
(Coverage shall be at least as broad as ISO form CG2010 11/85 or CG2010 07/04 and CG2037 07/04 combined, or an equivalent providing ongoing and completed operations)
Commercial Automobile Liability
Combined Single Limit per Accident for
Bodily Injury and Property Damage $10,000,000
(Coverage shall be at least as broad as ISO form CA00 01) Workers Compensation
As Required by the State of California Statutory Limits Employer’s Liability
Each Accident
Bodily Injury by Disease
Each Employee
$1,000,000
$1,000,000
$1,000,000
(A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation & Employers’ Liability policies) Professional Liability
Each Occurrence
General Aggregate
$10,000,000
$10,000,000
B. The CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insured’s liability.

C. Professional liability insurance written on a “claims made” basis must be renewed for a period of three (3) years after this contract expires or is terminated. Such insurance must have the same coverage and limits as the policy that was in effect during the term of this contract and will cover CONTRACTOR for all claims made by the City insured entities arising out of any acts or omissions of CONTRACTOR or its officers, employees, or agents during the time this Agreement was in effect.

D. Any deductibles or self-insurance retentions must be declared and approved by the City. At the City’s option, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City insured entities or the insurer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

E. All insurance shall be primary and non-contributory as respects the City insured - 9 -

entities. Any insurance or self-insurance maintained by the City insured entities shall be in excess of the CONTRACTOR’s insurance and shall not contribute with it.

F. CONTRACTOR shall furnish the City with Certificates of Insurance and with original endorsements effecting coverage required by this Agreement. Certificates of Insurance shall meet the following requirements:
(1) Show that the insurance policy has been endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after 30 days prior written notice (10 days written notice for non-payment) to the City of Lancaster.
(2) List in the “Descriptions of Operations/Locations/Vehicles” section:

PWCP 24-013 Public Safety Building Renovation
The City of Lancaster, its elected officials, officers, employees, and volunteers are included as additional covered parties, but only insofar as the operations under this contract are concerned.”
(3) List in the “Certificate Holder” section:

The City of Lancaster
44933 Fern Avenue
Lancaster, California 93534
G. CONTRACTOR shall include all subcontractors as an insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Subcontractors are subject to the same insurance requirements as the CONTRACTOR.

19. Commencement and Completion of Work. The execution of this AGREEMENT by the parties does not constitute an authorization to proceed. The services of CONTRACTOR shall commence when the OWNER, acting by and through its Public Works Director or their designee, has issued the Notice to Proceed.

CONTRACTOR shall have no claim for compensation for any services or work which has not been authorized by the OWNER's Notice to Proceed.

20. Extension of Time for Completion of Work.

A. If, at any time, the work is delayed due to suspension order by OWNER, or due to any other cause which, in the reasonable opinion of the OWNER, is unforeseeable and beyond the control and not attributable to the fault or negligence of CONTRACTOR, then CONTRACTOR shall be entitled to an extension of time equal to said delay, subject to the OWNER's right to terminate this AGREEMENT pursuant to Section 15.

B. CONTRACTOR shall submit to OWNER a written request for an extension of time within ten (10) days after commencement of such delay, and failure to do so shall constitute a waiver thereof. OWNER shall, in its sole discretion, determine whether and to what extent any extensions of time shall be permitted.
- 10 -

C. No extension of time requested or granted hereunder shall entitle CONTRACTOR to additional compensation unless, as a consequence of such extension, additional work must be performed. In such event, OWNER shall in good faith consider any request for additional compensation submitted by CONTRACTOR.

21. Ownership of Documents. All plans, specifications, reports, studies, tracings, maps and other documents prepared or obtained by CONTRACTOR in the course of performing the work required by this AGREEMENT shall be the property of the OWNER. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by CONTRACTOR under this AGREEMENT shall, upon request, be made available to OWNER without restriction or limitation on their use.

22. Data Provided to CONTRACTOR. OWNER shall provide to CONTRACTOR, without charge, all data, including reports, records, maps and other information, now in the OWNER's possession which may facilitate the timely performance of the work described in Exhibit “A”.

23. CONTRACTOR's Warranties and Representations.

CONTRACTOR warrants and represents to OWNER as follows:

A. CONTRACTOR has not employed or retained any person or entity, other than a bona fide employee working exclusively for CONTRACTOR, to solicit or obtain this AGREEMENT.

B. CONTRACTOR has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for CONTRACTOR, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the execution of this AGREEMENT. Upon any breach or violation of this warranty, OWNER shall have the right, in its sole discretion, to terminate this AGREEMENT without further liability, or, in the alternative, to deduct from any sums payable hereunder the full amount or value of any such fee, commission, percentage or gift.

C. CONTRACTOR has no knowledge that any officer or employee of the OWNER has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of the CONTRACTOR, and that if any such interest comes to the knowledge of CONTRACTOR at any time, a complete written disclosure of such interest will be made to OWNER, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws.

D. Upon the execution of this AGREEMENT, CONTRACTOR has no interest, direct or indirect, in any transaction or business entity which would conflict with or in any manner hinder the performance of services and work required by this AGREEMENT, nor shall any such interest be acquired during the term of this AGREEMENT.

24. Resolution of Disputes.

A. Disputes regarding the interpretation or application of any provisions of this AGREEMENT shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties.

B. If the parties cannot resolve the dispute through good faith negotiations, either party may give Notice of Dispute to the other party. The Notice of Dispute shall state the nature of the dispute and the corrective action necessary to remedy the dispute. - 11 -

After Notice of Dispute, the parties shall first attempt to resolve any disputes by mediation. The parties shall agree on a single mediator. Mediation shall be conducted in Lancaster, California. Each party shall pay its own attorneys’ fees and the costs of mediation shall be split equally between the parties.

If the dispute has not been resolved by mediation within 45 days after Notice of Dispute, or the parties are unable to agree to a mediator, within 15 days after Notice of Dispute, then, the dispute may, upon agreement of the parties be resolved by binding arbitration.

C. If any action at law or in equity is brought to enforce or interpret any provisions of this AGREEMENT, the prevailing party in such shall be entitled to reasonable attorney’s fees, cost, and necessary disbursements, in addition to such other relief as may be sought and awarded.

25. Exhibits.

The following exhibits to which reference is made in this AGREEMENT are deemed incorporated herein in their entirety:

Exhibit "A" Scope of Services
Exhibit “B” Term, Payment and Time for Commencement and Completion Clause Exhibit “C” Construction General Provisions

26. Governing Law.

This AGREEMENT shall be governed by the laws of the State of California.

27. Effective Date.

This AGREEMENT shall become effective as of the date set forth below on which the last of the parties, whether OWNER or CONTRACTOR, executes said AGREEMENT. - 12 -

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed and attested by their respective officers thereunto duly authorized. “OWNER”

CITY OF LANCASTER

LANCASTER, CALIFORNIA
Approved By Department Head:

By:

Marissa Diaz, Public Works Director
Dated:

By:

Jason Caudle, City Manager
Dated:
"CONTRACTOR"
BOWE CONTRACTORS, INC.

By:

Karen Bowe, CFO
Dated:

ATTEST:

Andrea Alexander
City Clerk
APPROVED AS TO FORM:

Allison E. Burns, Esq.

City Attorney
- 13 -

EXHIBIT "A"

SCOPE OF SERVICES
The Consultant shall maintain separate costs for each project and shall identify the costs specific to each project.

The work to be performed under this contract shall include:

SEE ATTACHED
PW-123 (1/14)

EXHIBIT “A”

GENERAL PROPOSED SCOPE OF SERVICES

PROJECT DESCRIPTION AND LOCATION
The selected qualified Design-Build Entity (Project Team) shall provide design build services related to the design and construction of renovations to the Public Safety Building. It is the intent of the City to hire a single highly qualified Design-Build Entity that can provide the following services to the City:
• Task 1 Project Management
• Task 2 Preliminary and Final Professional Architectural and Engineering Design Services (including Interior Design Services)
• Task 3 Environmental Compliance and Permitting
• Task 4 Services During Construction
• Task 5 Project Construction and installation of Furniture, Fixtures and Equipment (FF&E).

This project is utilizing a Best Value Design/Build procurement method where by the City will establish a stipulated sum for the Design/Build contract; the City expects to accomplish all work associated with the project within an established budget of $3,946,319.

The City of Lancaster is located in northern Los Angeles County, in the Antelope Valley, along State Route 14. The Public Safety Building is located on City-owned property at the northeast corner of Beech Avenue and Milling Street at 44811 Sierra Highway, Lancaster, California, 93534.

The City has identified the need to renovate the existing building to accommodate the needs and operations of the Lancaster Public Safety Department. The current concept for the project envisions interior renovations to reconfigure the lobby, reception areas, and board room; rehabilitate existing offices, demo cubicles, breakroom and ancillary spaces; repair the roof and damage due to leaks; remove all existing ethernet and other abandoned cabling and replace with CAT 6a; provide for 2 data drops per workspace and conference rooms as noted in bid schedule; re-key exterior doors and install interior and exterior badge entry; update fire alarm and security system; shelving installation (storage) and shelving installation (server room); cosmetic improvements (removal and disposal of broken and abandoned FF&E, deep cleaning, other minor repairs, interior painting, flooring, etc.) to refresh, finish, and unify spaces; mold removal; and the installation of new FF&E mold remove, patch, and repair finishes as needed.
1 Preliminary conceptual site plans have been developed to illustrate desired improvements and priority lists have been developed for three (3) design options (see RFQ&P 800-24 Exhibit and Attachments); however, the Project Team shall not be constrained by the conceptual during the design phase, and shall produce exhibits and plans that best utilizes the existing facility; completes the minimum repairs required to occupy and operate in a clean, safe, and healthy environment for the next 10 years; and satisfies the operational needs of the Public Safety Department in the most economical way. Ideally, the general design character and colors of the project shall be modernized to mimic City Hall; however, structural elements, some floor and wall tiles, built-in wooden furniture, etc. will remain in place and shall be blended to compliment overall look and final aesthetic.

As negotiated, scope of work shall consist of design and construction of base bid items listed in the Exhibit “B” Attachment, Bid Schedule. In general, this work shall include base bid ground floor work and base bid second floor “Option A.” The negotiated base bid does not include FF&E nor replacement cubicles; IDF racks nor CAT 6a wiring; re-keying nor badge entry; bath accessories in Room 107 (New Shower) nor lockers; nor any work in Room 104 (Storage), Room 116 (Stair), nor Room 117 (Elevator).

The City reserves the right to authorize any or all work listed under column titled “Option” for the quoted price listed, as additional funds become available; work shall not commence on any optional work not included in the base bid without written authorization from the City.

SCOPE OF SERVICES
The successful firm shall provide turn key services and will be expected to handle and lead all aspects of Project and Construction Management including but not limited to design, preparation of exhibits and plans, plan check, utility coordination, permitting, construction, construction engineering, labor compliance, project sequencing, coordination of work, etc. and shall proactively coordinate with stakeholders (Public Safety, PARCS and IT), City permitting (Community Development Building & Safety), all outside Agency plan check and permitting required to resume occupancy, utility providers, City Public Works Construction Contract Manager, etc. The selected Project Team will be expected to prepare documents, reports and plans, specifications and estimates to City standards and shall comply with local, state and federal regulations.

The successful Project Team shall consist of a Design Branch and a Construction Branch, and shall build on previous work to complete all tasks described herein. Final modifications to the agreed project scope will be negotiated with the successful Project Team as needed.
2 Task 1: Project Management
The Project Team's Project Manager shall be responsible for providing all general project and contract management, as well as quality control services throughout the duration of the project.

Task 1: Scope of Services
Project management responsibilities shall include, but not be limited to:
• Overall management of design and construction phases of the project. • Primary point of contact for the Design-Build Entity
• Proactive leadership to ensure turnkey services from kickoff to closeout and project delivery in line with project intent.
• Coordinate and conduct all meetings and prepare all agendas and minutes. o Kickoff meetings shall be held at the start of each Task. o Design coordination and review meetings shall be conducted on a bi- weekly basis (minimum).
o Design presentation events shall be conducted at the 30% and 90% design stages.
o Construction coordination and review meetings shall be conducted on a weekly basis.
• Coordinate and consult as needed with all appropriate local and state regulatory agencies.
• Prepare Critical-Path Method (CPM) schedules and schedule updates. o Design schedules shall be updated on a bi-weekly basis. o Construction schedules shall be updated to match daily progress. o Construction schedules shall include sequencing details, procurement of materials and FF&E, installation of FF&E, anticipated utility shutoff periods and any full day closures need to accommodate the work. o During construction, two week look-ahead schedules shall be maintained.
• Prepare overall project Schedule of Values (SOV).
• Prepare and submit monthly progress reports with monthly progress payment requests. The monthly progress report shall include:
o An overview of work accomplished during the previous month (by Contract task and SOV tasks).
o A description of current key activities and an updated schedule for each task and subtask.
o A list of problem areas, if any, and proposed corrective actions. o A list of tasks for the following month (during design) or two-week period (during construction).
3 o A graph showing total contract budget, monthly invoiced amounts, cumulative amount invoiced and projection of contract billings to the end of project.
• Prepare and adhere to the approved Quality Assurance/Quality Control Program.
• Maintenance of project files.

Task 1: Deliverables
• Meeting minutes, including a list of action items required from all parties. • Monthly progress reports with monthly progress payment requests. • Schedules
• SOVs
• QA/QC Document
The Project Team's Project Manager shall play an active role in the management and coordination of all phases of the project, including but not limited to managing work between the Design Branch and the Construction Branch; coordinating regular meetings with City staff to discuss project status, problems, budgeting, and other areas that have an effect on the work; providing turn key services; and ensuring project is complete and ready for move-in prior to July 1, 2024.

Task 2: Preliminary and Final Professional Architectural and Engineering Design Services (including Interior Design Services)
The Project Team's Design Branch shall be responsible for providing all preliminary and final professional architectural and engineering design services. The Design Branch shall prepare design documents, drawings and written data as required to analyze the existing site and determine the best, most economical use of the available space. As noted above, the project shall not be constrained by previous conceptual design efforts, and shall prepare one or more preliminary site layouts for review by the City that best utilize the existing site in the most economical way.

Task 2 shall include basic interior design services required to achieve the general design character and colors to economically modernize and mimic City Hall; while blending overall look and final aesthetic to accommodate structural elements, some floor and wall tiles, all built-in wooden furniture, etc. that will remain in place.

All design work shall comply with any and all appropriate and applicable federal, state and local design codes and guidelines, including ADA, fire protection, and building codes.
4 Task 2 shall include all coordination to obtain review comments, approvals and/or permits from stakeholders (Public Safety, PARCS and IT), City permitting (Community Development Building & Safety), utility providers/services, City Engineer, City Public Works Construction Contract Manager, all outside Agency plan check and permitting required to resume occupancy, etc.

Task 2 shall also include Building Permit application; permit plan check and any required studies, calculations and/or other backup documents needed for plan check; and all permit fees. Project Team submittals to Community Development Building & Safety shall be separate formal Building Permit plan check submittals outside and apart from milestone (30-60-90-100%) stakeholder and Public Works reviews.

The intent of this project is to produce exhibits and plans that best utilizes the existing facility; completes the minimum repairs required to occupy and operate in a clean, safe, and healthy environment for the next 10 years; and satisfies the operational needs of the Public Safety Department in the most economical way. As such, pre- design/programming, Schematic Design (SD), and Design Development (DD), and are not explicitly included in the design scope of services and shall only be included as needed to produce Construction Documents (CD), obtain building permits, clear through agencies required for occupancy, value engineer, select FF&E, etc. required to meet the intent of the project.

Task 2: Scope of Services
Preliminary and final professional design services shall include, but not be limited to:
• Review and evaluate available as-built plans, all previously completed conceptual design and analysis work, and separate PWCP 23-027 plans. • Complete preliminary site evaluation, assessment and layout. • Evaluate costs of our “Gold, Silver, and Bronze” priority lists to help us finalize what we can afford to complete that will give us the most bang for our buck and achieve our project intent.
• Complete alternative analysis for preliminary site layout (30%). This work shall be completed for one alternative and shall consist of the following:
o Basic Architectural plans, including overall site plan and preliminary elevations.
o Preliminary cost estimate, broken down by major construction category.
o Presentation of alternative to the City for review and selection purposes.
• Complete draft (60%) design, including:
5 o 60% architectural and engineering plan set, including but not limited to site plans, floor plans, roofing plans, civil, mechanical and electrical plans, parking and circulation plans, landscaping plans, lighting plans, signage plans, furniture/fixtures/equipment (FFE) list and layouts, interior and exterior elevations and renderings, detailed sequencing plan, and options for colors, materials, textures, and finishes. o 60% cost estimate, broken down by trade
o 60% constructability review
• Complete final (90%) design, including:
o 90% architectural and engineering plan set, including but not limited to site plans, floor plans, roofing plans, civil, mechanical and electrical plans, parking and circulation plans, landscaping plans, lighting plans, signage plans, furniture/fixtures/equipment (FFE) list and layouts, interior and exterior elevations and renderings, and detailed sequencing plan.
o 90% technical specifications
o 90% cost estimate, broken down by trade
o 90% constructability review
o Presentation of the 90% site and facility design to the City for review purposes.
• Complete final construction (100%) design, including:
o 100% complete architectural and engineering plan set. o 100% FFE List and Layouts
o 100% technical specifications
o 100% cost estimate, broken down by trade.

Task 2: Deliverables
Formal deliverables (plans, specifications and estimates) shall occur at the 60%, 90%, and 100% completion points for City and agency review, as well as for the various design studies and reports to be completed. Submittal formats shall follow the guidelines stated herein. The Project Team shall respond to, and incorporate, if appropriate, any and all comments received from the City, regulatory agencies and/or utilities. Formal deliverables shall include:
• Plans: Construction plan deliverables for review shall be submitted at the 60%, 90%, and 100% design stages. Six (6) paper sets, reduced by 50%, shall be submitted at each review stage to allow the City to provide a thorough review of the project documents. 100% final construction plans shall be delivered in the following formats:
6 o 22" x 34" mylars, complete with final signatures and professional stamps, ready for reproduction.
o Portable Document Format (.PDF) file(s) of final plans complete with final signatures. Delivery shall be either via USB flash drive or online file transfer.
• Technical Specifications: Specifications shall be prepared utilizing Construction Specifications Institute (CSI) Masterformat (Latest Edition). Deliverables for review shall be submitted at the 90% and 100% design stages, with specifications on 8-1/2” x 11” reproducible paper. Six (6) sets shall be submitted at the review stages to allow the City to provide a thorough review of the project documents. 100% final specifications shall be delivered in the following formats:
o 8-1/2” x 11” hardcopy, complete with final signatures, ready for reproduction.
o Portable Document Format (.PDF) file(s) of final specifications complete with final signatures. Delivery shall be either via USB flash drive or online file transfer.
o Microsoft Word format (.DOCX) files of final specifications (signatures not required). Delivery shall be either via USB flash drive or online file transfer.
• Construction Cost Estimates: Estimates for review shall be submitted at the 60%, 90%, and 100% design stages, with estimates on 8-1/2” x 11” reproducible paper. Six (6) sets shall be submitted at the review stages to allow the City to provide a thorough review of the project documents. The 100% final estimate shall be delivered in the following formats:
o 8-1/2” x 11” hardcopy.
o Portable Document Format (.PDF) file of final estimate. Delivery shall be either via USB flash drive or online file transfer.
o Microsoft Excel 2010 format (.XLXS) file of final estimate. Delivery shall be either via USB flash drive or online file transfer.
• Issued Building Permit Issuance, other Agency approvals, utility work orders needed prior to construction, etc.

Task 3: Environmental Compliance and Permitting
The project is Categorically Exempt from the California Environment Quality Act (CEQA) pursuant to State CEQA Guidelines Class 1, Section 15301Exisitng Facilities.

At this time no environmental compliance and permitting scope of work or deliverables are required. This task is reserved in the event that the status of the project is revised.

Task 4: Services During Construction
7 The Project Team's Design Branch shall provide services during the construction phase of the project to ensure that the Contractor understands all technical aspects of the design and any design changes.

Task 4: Scope of Services
Services during construction shall include, but not be limited to:
• Attend one (1) preconstruction conference/pre-construction site examination and answer design-related questions that are raised.
• Attend weekly construction progress meetings and conduct periodic site visits as required to keep informed as to the construction status and progress of the project and issues being encountered. The Design Branch shall investigate and provide responses to technical questions raised at the meetings. • Respond to requests for information (RFls) on technical issues associate with materials, products, design concepts, and design documents raised by the Construction Branch or Construction Manager. The Design Branch shall log all RFls and responses such that timely response can be assured. • Provide technical review of shop drawings, diagrams, illustrations, catalog data, schedules, samples, test results, and other data that the Construction Branch is required to submit for general conformance with the design concepts and compliance with the Contract Documents. The Design Branch shall also review and compile vendor O&M manuals for equipment items to make sure they are organized and complete, and contain detailed ordering information, bill-of- material, schematic drawing, installation, operation, and maintenance information.
• QA/QC of progress, final, and retention pay requests and provide labor compliance services.
• Assist with contract change order (CO) and work change directive (WCD) preparation. The Design Branch shall review proposed changes to make sure they are compatible and coordinated with other project elements, and to make sure they are complete and in compliance with the Contract Documents. The Design Branch shall also make recommendations regarding the technical acceptability of change requests.
• Witness operational testing of mechanical equipment and systems prior to startup, and provide startup assistance to confirm proper operation. The Design Branch shall advise City staff about basic operational concepts, actual operation of the systems under normal and abnormal conditions, and identify and document issues that need to be addressed to ensure mechanical performance throughout the design life.
8 • Assist the City and the City's Construction Manager and Building Official with the final inspection of the facility and applicable portions of the site to confirm the work is complete and that materials and products have been installed in accordance with the technical requirements of the Contract Documents. The Design Branch shall also assist in the development of the final punchlist of incomplete items for each facility.
• Prepare, seal and sign final as-built record drawings reflecting available record information provided by the City Construction Manager (City redlines), Construction Branch (Contractor redlines), and equipment suppliers.

Task 4: Deliverables
Deliverables, with the exception of as-built record drawings, shall be distributed electronically and via hardcopy.
• All written records related to conferences and meetings. • RFI, shop drawing, and CO/WCD logs, as well as any technical information backing up decisions.
• Partial and final punch lists.
• Final Signed and sealed as-built record drawing deliverables shall be delivered in the following formats:
o 22" x 34" mylars, complete with final signatures and professional stamps, ready for reproduction.
o Portable Document Format (.PDF) file(s) of final plans complete with final signatures. Delivery shall be either via USB flash drive or online file transfer.

Task 5: Project Construction
The Project Team's Construction Branch shall be responsible for constructing the project in accordance with the 100% contract documents (100% project plans, 100% technical specifications, general contract conditions, and other associated documents), and any and all appropriate federal, state and local design codes and guidelines, including ADA, fire protection, and building codes.

The Construction Branch shall be responsible for the entirety of the Construction General Provisions (GPs), with the exception of the sections of Article 2 - Bid Requirements and Conditions and Article 3- Award and Execution of Contract*; Bonds and Insurance that related to bid preparation, bid submittal, and bid bonding. All other provisions in the GPs shall be binding to the construction portion of the project, including the submittal of payment, performance, and maintenance bonds and 9 insurance. The proposed services for Task 5 shall acknowledge responsibility for the GPs as noted.

The Public Safety Building premises shall be used by the Project Team for the purpose of completing the project. During the term of the project, the premises shall be available to the Project Team twenty-four (24) hours a day, seven (7) days a week for the purposes of performing the work and completing the project.

The Project Team shall complete the project per the approved plans and specifications and make no other alterations or improvements to the premises without prior written authorization from the City.

The Public Safety Building is not currently occupied; however, Project Team shall take all reasonably necessary measures to minimize any damage, disruption or inconvenience to the building and/or neighboring buildings and thereby all persons affected. Project Team shall coordinate work with the City Public Works Construction Manager.

For those areas under construction, the Project Team shall at its own expense manage, maintain, and preserve the premises, and all improvements thereon in good order, condition and repair, reasonable wear and tear being excepted, except as hereinafter set forth.

Project Team shall warrant that their work shall be free of defects in construction or otherwise, for a period of one (1) year after acceptance.

The Project Team shall obtain from its suppliers all warranties usually available with the type and quantity being supplied.

Task 5: Scope of Services
Project construction services shall include, but not be limited to:
• Provide assistance to the City and the Design Branch during all design work. • Provide constructability review of 60% and 90% design documents, and actively participate in the design process.
• Self-perform and coordinate, supervise, and oversee general engineering-, general building-, and specialty construction-licensed contractors as required to complete all construction work described in the 100% contract documents. • Attend weekly construction progress meetings, and be prepared to discuss and review technical questions raised at the meetings by the Design Branch. • Relocate all existing office content/furniture to be salvaged out of interior renovation areas to temporary and/or permanent workspaces. 10 • Purchase and install FFE.
• Prepare and submit requests for information (RFls) on technical issues associate with materials, products, design concepts, and design documents. • Prepare submittals related to technical review of shop drawings, diagrams, illustrations, catalog data, schedules, samples, test results, and other data in general conformance with the design concepts and compliance with the Contract Documents.
• Prepare operations and maintenance (O&M) manuals for all critical equipment, and ensure that the manuals contain detailed ordering information, bill-of- material, schematic drawing, installation, operation, and maintenance information.
• Prepare contract change order (CO) and work change directive (WCD) requests.* The Construction Branch shall ensure that requests are compatible and coordinated with other project elements, and ensure they are complete and in compliance with the Contract Documents.
• Perform operational testing of mechanical equipment and systems prior to startup, and provide startup assistance to confirm proper operation. The Construction Branch shall advise City staff about basic operational concepts, actual operation of the systems under normal and abnormal conditions, and identify and document issues that need to be addressed to ensure mechanical performance throughout the design life.
• Mold removal and remove, patch, and repair finishes as needed. • Perform deep cleaning of entire facility and all FF&E (existing and new), including but not limited to all salvaged furniture, built-ins, cubicles and cubicle furniture, floors and walls to be protected in place, ducting, restrooms, elevator, stairwell, etc.
• Assist the City and the City's Construction Manager with the final inspection** of the facility to confirm the work is complete and that materials and products have been installed in accordance with the technical requirements of the Contract Documents.
• Prepare and maintain construction record drawings reflecting actual construction work completed by the Construction Branch and equipment suppliers.
*Note: Because of the Construction Branch's involvement with the Design Branch during project design, Change Orders and Work Change Directives are expected to be of a semantic nature. Under no circumstances shall the total contract change order tally exceed 10% 20% of the final construction budget.
11 ** City inspections include 1) those required for Public Works Contract Compliance and Agency Council acceptance and 2) those required to final the Building Permit and reoccupy the building.

Task 5: Deliverables
Deliverables, with the exception of Contractor redline record drawings, shall be distributed electronically and via hardcopy.
• All written records related to conferences and meetings. • RFI, shop drawing, cut sheet, materials certificate, samples, and CO/WCD submittals and logs, as well as any technical information backing up documentation.
• O&M Manuals
• Contractor redline record drawings reflecting actual construction work. 12 Organization chart for Design-Build Entity for Lancaster Public Safety Building Project Bowe Contractors Inc
Duke Engineering BCI Project Team
BCI Field Team
City Of Lancaster Public Works
COL Public Works & End UsersDuke & MEP Consultants

BCI PM &
SubcontractorsDuke PM
COL Building & Safety, LACPD,
Utilities, Health Dept. Etc.

Lancaster Public Safety Building Project - Prelim Schedule - Rev.1 Activity ID Activity Name
Schedule submittal layout
Qtr 1, 2024
Feb
04-Dec-23 15:10
Qtr 4, 2024
Nov
Original Start
Duration
Finish T o t al
Float
Qtr 2, 2024
May
Qtr 3, 2024
AugDec Jan Mar Apr Jun Jul Sep Oct Dec
Lancaster Public Safety Building Project - Prelim
Milestone
141d 12-Dec-23
141d 12-Dec-23
01-Jul-24
01-Jul-24
0d
0d
01-Jul-24, Lancaster Public Safety Building Project - Prelim Schedule - Rev.1 01-Jul-24, Milestone
MS1000
MS1010
EXECUTE CONTRACT 0d 12-Dec-23
0d
0d
0d
1d
EXECUTE CONTRACT, 12-Dec-23
PROJECT COMPLETION 01-Jul-24 PROJECT COMPLETION,
Project Management 110d 12-Dec-23 16-May-24 16-May-24, Project Management PM1000
PM1010
PM1020
PM1030
MOBILIZATOIN 12d 12-Dec-23
12d 12-Dec-23
50d 12-Dec-23
60d 23-Feb-24
129d 02-Jan-24
29-Dec-23
29-Dec-23
22-Feb-24
16-May-24
01-Jul-24
0d
27d
1d

MOBILIZATOIN

ENGINEERING DESING
FF&E Design

ENGINEERING DESING
FF&E Design
FF&E Procurement 1d FF&E Procurement
Construction 0d 01-Jul-24, Construction
01-Jul-24, First FloorFirst Floor
CNST1000
CNST1010
CNST1020
CNST1030
CNST1040
CNST1050
CNST1060
CNST1070
CNST1080
CNST1090
CNST1100
CNST1110
CNST1120
CNST1130
CNST1140
CNST1150
CNST1160
CNST1170
CNST1180
CNST1190
CNST1200
CNST1210
CNST1220
CNST1230
CNST1240
CNST1250
CNST1260
CNST1270
CNST1280
CNST1290
CNST1300
CNST1310
129d 02-Jan-24
7d 02-Jan-24
8d 02-Jan-24
3d 11-Jan-24
9d 12-Jan-24
10d 25-Jan-24
14d 25-Jan-24
10d 22-Feb-24
20d 08-Feb-24
2d 05-Mar-24
4d 07-Mar-24
7d 11-Mar-24
5d 13-Mar-24
5d 20-Mar-24
12d 20-Mar-24
25d 20-Mar-24
25d 20-Mar-24
4d 24-Apr-24
10d 16-Apr-24
2d 01-May-24
7d 24-Apr-24
4d 03-May-24
5d 03-May-24
8d 03-May-24
8d 15-May-24
3d 22-May-24
10d 28-May-24
3d 13-Jun-24
10d 18-Jun-24
20d 02-Jan-24
10d 03-May-24
0d
01-Jul-24 0d
1d1ST FLOOR - ELECTRICAL SAFE OFF & DEMO
1ST FLOOR - EXISTING FURNITURE REMOVAL
1ST FLOOR - CEILING DEMOLITION
1ST FLOOR - WALL DEMOLITION
10-Jan-24
11-Jan-24
15-Jan-24
24-Jan-24
07-Feb-24
13-Feb-24
06-Mar-24
06-Mar-24
06-Mar-24
12-Mar-24
19-Mar-24
19-Mar-24
26-Mar-24
04-Apr-24
23-Apr-24
23-Apr-24
29-Apr-24
29-Apr-24
02-May-24
02-May-24
08-May-24
09-May-24
14-May-24
24-May-24
24-May-24
10-Jun-24
17-Jun-24
01-Jul-24
1ST FLOOR - ELECTRICAL SAFE OFF & DEMO
1ST FLOOR - EXISTING FURNITURE REMOVAL
1ST FLOOR - CEILING DEMOLITION
1ST FLOOR - WALL DEMOLITION
0d
17d
0d
1ST FLOOR - ELECTRICAL & LV ROUGH-IN
1ST FLOOR - FLOOR DEMOLITION
0d 1ST FLOOR - ELECTRICAL & LV ROUGH-IN
1ST FLOOR - FLOOR DEMOLITION16d
20d
0d
1ST FLOOR - PLUMBING ROUGH-IN
1ST FLOOR - FRAMING INSTALL/ONESIDED DRYWA
1ST FLOOR - INSULATION INSTALL
1ST FLOOR - PLUMBING ROUGH-IN
1ST FLOOR - FRAMING INSTALL/ONESIDED DRYWALL
2d 1ST FLOOR - INSULATION INSTALL
1ST FLOOR - PATCH/REPAIR CONCRETE
1ST FLOOR - DRYWALL
1ST FLOOR - PATCH/REPAIR CONCRETE
1ST FLOOR - DRYWALL
20d
0d
1ST FLOOR - INSTALL BACKERBOARD
1ST FLOOR - INSTALL STOREFRONT
1ST FLOOR - DOOR/HARDWARE INSTALL
1ST FLOOR - CERAMIC TILE INSTALL
1ST FLOOR - TAPE AND FINISH
15d
43d
33d
15d
0d
1ST FLOOR - INSTALL BACKERBOARD
1ST FLOOR - INSTALL STOREFRONT
1ST FLOOR - DOOR/HARDWARE INSTALL
1ST FLOOR - CERAMIC TILE INSTALL
1ST FLOOR - TAPE AND FINISH
1ST FLOOR - TOILET PARTITIONS/ACCESSORIES
1ST FLOOR - PLUMBING FINISHES/TRIM
1ST FLOOR - PAINT CEILING GRID
15d
15d
11d
0d
1ST FLOOR - TOILET PARTITIONS/ACCESSORIES
1ST FLOOR - PLUMBING FINISHES/TRIM
1ST FLOOR - PAINT CEILING GRID
1ST FLOOR - PRIME & PAINT FIRST COAT
1ST FLOOR - HVAC FINISHES
1ST FLOOR - PRIME & PAINT FIRST COAT
1ST FLOOR - HVAC FINISHES9d
1ST FLOOR - CEILING TILE INSTALL
1ST FLOOR - LIGHTING FIXTURE INSTALL
1ST FLOOR - ELECTRICALFINISHES/TRIM
1ST FLOOR - PRIME & PAINT SECOND COAT
1ST FLOOR - INSTALL CARPETFLOORING
1ST FLOOR - OWNER'S PUNCH LIST
1ST FLOOR - PUNCH LIST CORRECTIONS
1ST FLOOR - ROOF REPAIR
11d
0d
1ST FLOOR - CEILING TILE INSTALL
1ST FLOOR - LIGHTING FIXTURE INSTALL
1ST FLOOR - ELECTRICALFINISHES/TRIM
1ST FLOOR - PRIME & PAINT SECOND COAT
1ST FLOOR - INSTALL CARPETFLOORING
1ST FLOOR - OWNER'S PUNCH LIST
1ST FLOOR - PUNCH LIST CORRECTIONS
0d
0d
0d
0d
0d
29-Jan-24
16-May-24
01-Jul-24
96d
6d
1ST FLOOR - ROOF REPAIR
1ST FLOOR - MILLWORK & COUNTERTOP
1ST FLOOR - 1ST FLOOR COMPLETION FOR OCCU
1ST FLOOR - INSTALL FF&E
1ST FLOOR - MILLWORK & COUNTERTOP
0d 1ST FLOOR - 1ST FLOOR COMPLETION FOR OCCUPANCY,
1ST FLOOR - INSTALL FF&E20d 17-May-24
8d 01-Mar-24
8d 01-Mar-24
14-Jun-24
12-Mar-24
12-Mar-24
1d
Second Floor 78d
78d
12-Mar-24, Second Floor
2ND FLOOR - CEILING AND CARPET DEMOLITIONPH2-1000 2ND FLOOR - CEILING AND CARPET DEMOLITION Actual Level of Effort
Actual Work
Remaining Work Milestone
summary
Scheduler: Parth Prajapati, Bowe Contractors Inc.Page 1 of 1 Critical Remaining Work

EXHIBIT "B"

TERM, PAYMENT AND TIME FOR COMMENCEMENT AND COMPLETION CLAUSE Term
This Agreement shall become effective and shall be in full force and effect upon the execution of the Agreement by the City and the CONTRACTOR. This Agreement shall continue in full force and effect for a period of two (2) years from the effective date of the Agreement (the “Term”), unless the Agreement is sooner terminated in accordance with the Terms and Conditions in the Agreement; provided, however, that the City and the CONTRACTOR may mutually agree in writing to extend the Term of this Agreement.

Payment
The City of Lancaster shall reimburse the CONTRACTOR for actual costs, including labor costs and employee benefits incurred by the CONTRACTOR in performance of the work, in an amount not to exceed $ 2,000,000.00.

Design Phase
Actual costs shall not exceed the estimated wage rates and other costs as set forth in the CONTRACTOR proposal. Source documentation supporting billed costs must be submitted with invoice. CONTRACTOR shall provide a cost breakdown with hourly rates for each office and field function in the event that additional work is required beyond the not to exceed amount specified above. Any additional work will require a separate Authorization for Contractor Services signed by both parties.

CONTRACTOR will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by the City of itemized invoices. Invoices shall be submitted no later than forty-five (45) calendar days after the performance of work for which contractor is billing. Invoices shall detail the work performed on each milestone, on each project, as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference this contract number and project title.

Final invoice must contain the final cost and all credits due City. The final invoice should be submitted within sixty (60) calendar days after completion of CONTRACTOR’s work.

Contractor shall not be reimbursed for actual travel expenses incurred in the performance of the work.

Construction Phase
Payment during Construction phase shall be in accordance with Section 7 of the Construction General Provisions included in Exhibit “C” of this Agreement.

Time for Commencement and Completion
Contractor shall commence performance of the Design Phase work no later than three (3) calendar days following issuance of written Notice to Proceed. Construction Phase work shall not commence without written Notice to Proceed from the City. The Notice to Proceed for the Construction Phase shall not be issued until final construction cost estimate and pay request format/itemization/schedule of values has PW-125 (1/14)

been approved by the City. Construction phase time for commencement and time of completion shall be in accordance with the Construction General Provisions included in Exhibit “C” of this Agreement.

It is anticipated that performance of all work will be completed within by or before June 30, 2024. In no event shall performance of the work be completed later than June 30, 2024 without the prior written authorization of the City. If Contractor fails to complete the work in this time period, City may avail itself of any and all remedies provided for in this Agreement.

Karen Bowe, CFO
Bowe Contractors, Inc.

PW-125 (1/14)

12/05/23 Page 1 of 8
Bowe Contractors
City of Lancaster Public Safety Building Bid
Base Bid Ground floor
Room Number Description of work to be provided Base Bid Option Base Bid General Costs not associated to specific rooms General Conditions
Asbestos/Lead/Mold Abatement
$
$
$
$
$
$
$
715,448.00
33,215.00
74,689.00
128,076.00
278,362.00
88,445.00
15,886.00
Crack Repair at Ground Level SOG based on 455lf shown on plan Demolition and removal of Wood Casework as shown on Exhibit E Plan New Foam Roofing including 320sf of roof patch and remove electrical conduit laying on roof surface, paint coping HVAC Clean ductwork and replace filters only
Replace 9 wood door and 1 lever lockset all keying and rekeying to be done by the City 101 Lobby Remove ceramic tile flooring to top of slab, remove drywall from walls to studs as needed, remove drywall ceilings as needed.Install new drywall on existing stud walls, new drywall ceiling, install new mud set ceramic tile flooring and base, paint walls and ceilings.

Also includes removing the storefront, construct a 6" high concrete curb to block water infiltration and replacing the storefront, paint doors & frames $ $
299,047.00
63,914.00
102 Vestibule Remove ceramic tile flooring to top of slab, remove drywall down to existing studs as needed. Install new drywall on existing studs, install new mud set ceramic tile flooring and base, install new drinking fountain, paint walls and ceilings.
103 Security Area Remove carpet and base, remove partial window and infill opening with metal stud for new drywall,remove drywall from existing walls. New drywall over existing framing and cased opening at existing opening, new carpet and base,new acoustic ceiling and paint walls.

Existing countertop & glass not removed will remain in place. $ $
24,301.00
2,591.00Option to proved conduit for 3 data drops.
104 Storage No work at this time
105 Art Remove VCT flooring & rubber base, remove drywall, remove acoustic ceiling .

Install new drywall on existing framing, new acoustic ceiling, paint walls and Install new VCT and rubber base, paint doors & frames.

Remove VCT flooring & rubber base, remove drywall, remove acoustic ceiling .

Install new drywall on existing framing, new acoustic ceiling, paint walls and Install new VCT and rubber base.
$ 2,402.00
$
$
11,624.00
2,652.00106 Art
$
$
11,245.00
4,200.00
107 New Shower Remove ceramic tile flooring & concrete slab, remove ceramic wall tile, remove drywall to studs, remove drywall ceiling, remove debris.

New plumbing and fixtures, concrete slab, shower pan & fiberglass enclosure, new drywall, new drywall ceiling new CT floors and walls, paint ceiling. Bath accessories by owner New VCT Flooring & rubber base, new drywall wall , new ACT ceiling, Paint door & frame $
$
34,771.00
7,560.00108 Kitchenette
109 Elect No work in base bid
Option Prime and refinish existing drywall walls and ceilings, and paint walls & ceilings.

No work in base bid
$
$
17,763.00
8,863.00
110 Telephone
111 Stair
Option Prime and refinish existing drywall walls and ceilings, and paint walls & ceilings.

Remove VCT flooring & rubber base. Prime and refinish existing drywall walls and ceilings, and paint walls & ceilings, install new Vinyl floor & rubber base Remove VCT flooring & rubber base, remove drywall, remove acoustic ceiling .

Option Install new drywall on existing framing, new acoustic ceiling, paint walls, Install new VCT and rubber base. Paint doors & frames
$
$
21,025.00
5,514.00112A Storage
$ 30,689.00
112B Corridor No work in base bid
Option Remove carpet and base, remove drywall, remove acoustic ceiling. Install new drywall on existing framing, new acoustic ceiling, paint walls, install new LVT flooring Remove VCT flooring & rubber base. Prime and refinish existing drywall walls, paint walls, install new VCT flooring and rubber base, paint door & frame Remove carpet and base. Prime and refinish existing drywall walls, paint walls and install new carpet and rubber base, paint door & frame No work in base bid
$
$
$
38,802.00
19,986.00
17,054.00
113 Duplication
114 Data
115 Elev Equip
Option Remove VCT flooring & rubber base. Prime and refinish existing drywall walls, paint walls & install new VCT flooring and rubber base. $ 6,462.00

12/05/23 Page 2 of 8
OptionRoom Number
116 Stair
Description of work to be provided
All good no work at this time
Base Bid
117 Elevator
118 Workroom
No other work at this time
Remove carpet and base. Prime and refinish existing drywall walls, paint walls and install new carpet and rubber base $
$
13,622.00
3,454.00Option 4 data drops
119A New Room
Added from Museum
Remove carpet and base. Install new layer of drywall over existing walls that have heavy texture wall covering, Paint walls and install new carpet and rubber base. No other work at this time. $
$
34,165.00
-119B Museum Gallery No work in base bid
Option Remove carpet and base. Install new layer of drywall over existing walls that has heavy texture wall covering, Paint walls and install new carpet and rubber base. drywall walls, paint walls, and install new carpet and rubber base, 1 Remove carpet & rubber base, remove acoustic ceiling .

Prime and refinish existing drywall walls, paint walls, install new carpet and new acoustic ceiling, paint door & frame
Remove carpet & rubber base, remove acoustic ceiling .

Prime and refinish existing drywall walls, paint walls, install new carpet and new acoustic ceiling, paint door & frame
Remove ceramic tile flooring & concrete slab, remove ceramic wall tile, remove drywall to studs. Reconfigure restroom to meet ADA requirements. New concrete slab, new plumbing and fixtures, new drywall on existing studs, new mud set CT flooring, new CT walls & base, new toilet partitions, paint walls that do not receive CT finish, new quartz countertop at lavs, sound insulation, paint door & frame.

Option Add for toilet accessories
$
$
$
196,584.00
9,012.00
9,012.00
120 Office
121 Office
122 Mens
$
$
128,473.00
1,497.00
123 Womens Remove ceramic tile flooring & concrete slab, remove ceramic wall tile, remove drywall to studs. Reconfigure restroom to meet ADA requirements. New concrete slab, new plumbing and fixtures, new drywall on existing studs, new mud set CT flooring, new CT walls & base, new toilet partitions,paint walls that do not receive CT finish, new quartz countertop at lavs, sound insulation, paint door & frame. $
$
137,917.00
1,709.00Option Add for toilet accessories
124 Testing
125 Files
Remove carpet and base. Prime and refinish existing drywall walls, paint walls, and install new carpet and rubber base,paint door & frame.

Option Add 1 data drop
Remove carpet and base. Prime and refinish existing drywall walls, paint walls, install cabinet & quartz countertop and new carpet and rubber base Option Add 1 data drop
$
$
8,601.00
864.00
$
$
24,526.00
864.00
126 Reception
127 Waiting
128 Open Office
129 Office
Remove carpet and base. Prime and refinish existing drywall walls, paint walls, install cabinet & quartz countertop and new carpet and rubber base, paint door & frame Option Add 1 data drop
Remove carpet and base. Prime and refinish existing drywall walls, paint walls, install cabinet & quartz countertop and new carpet and rubber base, paint doors & frames Option Add 1 data drop
Remove carpet and base, remove acoustic ceiling. Install new acoustic ceiling, prime and refinish existing drywall walls, paint walls, and install new carpet and rubber base, paint door & frame
Remove carpet and base, remove acoustic ceiling. Install new acoustic ceiling, prime and refinish existing drywall walls, paint walls, and install new carpet and rubber base, paint door & frame
$
$
8,379.00
864.00
$
$
9,800.00
864.00
$
$
$
25,920.00
9,158.00
8,554.00
130 Office Remove carpet and base, remove acoustic ceiling. Install new acoustic ceiling, prime and refinish existing drywall walls, paint walls, and install new carpet and rubber base, paint door & frame
131 Conference Remove carpet and base, remove acoustic ceiling. Install new acoustic ceiling, prime and refinish existing drywall walls, paint walls, and install new carpet and rubber base, saw cut and patch slab to add one electrical floor box, paint Doors & frames Option Add 1 data drop
$
$
9,693.00
864.00
132 Open Office Remove carpet and base, remove acoustic ceiling. Install new acoustic ceiling,prime and refinish existing drywall walls, paint walls, and install new carpet and rubber base, Paint door & frame, cabinet & quartz counter top
$ 39,495.00

12/05/23 Page 3 of 8
OptionRoom Number Description of work to be provided Base Bid Option add 2 data drops. $ 1,728.00
133 Office Remove carpet and base, remove acoustic ceiling. Install new acoustic ceiling, refinish existing drywall walls, paint walls, and install new carpet &rubber base, Paint door & frame $ 9,684.00
135 Secretary
136 Office
Remove carpet and base. Prime and refinish existing drywall walls, paint walls, install quartz countertop and new carpet and rubber base.

Option Add 1 data drop
Remove carpet and base. Prime and refinish existing drywall walls, paint walls, install quartz countertop and new carpet and rubber base, paint door & frame $
$
9,118.00
864.00
$ 12,675.00

12/05/23 Page 4 of 8
OptionRoom Number Description of work to be provided Base Bid 137 Conference Remove carpet and base. Prime and refinish existing drywall walls, paint walls, install new carpet and rubber base, saw cut and patch slab to add one electrical floor box, paint door & frame $ 13,428.00 Option Add 1 data drop & 1 elect receptacle $ 1,728.00
138 Files Remove carpet and base. Prime and refinish existing drywall walls, paint walls, install cabinet & quartz countertop and new carpet and rubber base Option Add 1 data drop
$
$
16,083.00
864.00
139 Secretary Remove carpet and base. Prime and refinish existing drywall walls, paint walls, install new carpet and rubber base $
$
7,832.00
864.00Option Add 1 data drop
140 Office
141 Office
Remove carpet and base. Prime and refinish existing drywall walls, paint walls, install new carpet and rubber base, paint door & frame $ $
12,349.00
33,777.00
Remove carpet and base, remove drywall, remove acoustic ceiling. Install new drywall on existing framing, new acoustic ceiling, paint walls, install new carpet. and rubber base, install cabinet & quartz top, paint door & frame Remove carpet and base. Prime and refinish existing drywall walls, paint walls, install new carpet and rubber base, saw cut and patch slab to add one electrical floor box. Paint 2 doors & frames
142 Conference
143 Lounge
$
$
13,993.00
1,728.00Option Add 1 data drop & 1 elect receptacle
Remove vinyl flooring & rubber base, remove drywall, remove acoustic ceiling.

Install new drywall on existing framing, new acoustic ceiling, paint walls, install new vinyl flr and rubber base, install cabinet & quartz top, new plumbing & fixtures install new exit door in existing storefront. Paint door & frame Option Add 1 data drop & 1 elect receptacle
$
$
93,470.00
1,728.00
144 Men Remove ceramic tile flooring & concrete slab, remove ceramic wall tile, remove drywall to studs. Reconfigure restroom to meet ADA requirements. New concrete slab, new plumbing and fixtures, new drywall on existing studs, new mud set CT flooring, new CT walls & base, new toilet partitions, paint walls that do not receive CT finish, sound insulation, Paint dr & frm Option Add 1 toilet accessories
$
$
84,692.00
1,092.00
145 Women Remove ceramic tile flooring & concrete slab, remove ceramic wall tile, remove drywall to studs. Reconfigure restroom to meet ADA requirements. New concrete slab, new plumbing and fixtures, new drywall on existing studs, new mud set CT flooring, new CT walls & base, new toilet partitions, paint walls that do not receive CT finish, sound insulation, Paint dr & frm paint walls that do not receive CT finish, sound insulation, Remove existing lockers.

Option Add 1 toilet accessories
$
$
87,104.00
1,303.00
146 Conference Remove carpet and base. Prime and refinish existing drywall walls, paint walls, install new carpet and rubber base, saw cut and patch slab to add one electrical floor box.

Paint door & frame $
$
13,910.00
1,728.00Option Add 1 data drop & 1 elect receptacle
147 Office
148 Office
Remove carpet and base. Prime and refinish existing drywall walls, paint walls, paint dr & frm, install new carpet and rubber base,
Remove carpet and base, remove acoustic ceiling. Install new acoustic ceiling, prime and refinish existing drywall walls, paint walls, and install new carpet and rubber base, add 1 data drop
Remove carpet and base, remove acoustic ceiling. Install new acoustic ceiling, prime and refinish existing drywall walls, paint walls, and install new carpet and rubber base, paint door & frame
$
$
$
13,964.00
8,612.00
13,076.00
149 Office
150 Open Office
151 Corridor
Remove carpet and base, remove acoustic ceiling. Install new acoustic ceiling,prime and refinish existing drywall walls, paint walls, and install new carpet and rubber base, paint dr & frm $ 46,735.00 Option to add 7 data drops.

No work in base bid
$
$
6,045.00
-
Remove ceramic tile, and ACT ceiling. prime and refinish existing drywall walls, paint walls, install new lvt flooring new ACT ceiling, Paint walls, paint doors & frames Remove carpet and base, remove acoustic ceiling. Install new acoustic ceiling,prime and refinish existing drywall walls, paint walls, and install new carpet and rubber base, Pnt dr & frm Remove carpet and base, remove acoustic ceiling. Install new acoustic ceiling,prime and refinish existing drywall walls, paint walls, and install new carpet and rubber base, Pnt dr & frm Remove carpet and base, remove acoustic ceiling. Install new acoustic ceiling, prime and refinish existing drywall walls, paint walls, and install new carpet and $
$
$
88,784.00
8,107.00
8,107.00
152 Office
153 Office
154 Office

12/05/23 Page 5 of 8
OptionRoom Number Description of work to be provided Base Bid rubber base, paint door & frame $ 7,816.00
155 Waiting Remove carpet and base. Prime and refinish existing drywall walls, paint walls, install new carpet and rubber base. Paint door & frame
Option to add 1 data drop.
$
$
14,349.00
864.00

12/05/23 Page 6 of 8
OptionRoom Number Description of work to be provided Base Bid 156 Office Remove carpet and base. Prime and refinish existing drywall walls, paint walls, install new carpet and rubber base, paint door & frame $ $
14,217.00
157 Workroom
158 Toilet
Remove carpet and base. Prime and refinish existing drywall walls, paint walls, install new carpet and rubber base.

Remove ceramic tile flooring , remove ceramic wall tile, remove drywall to studs. new plumbing and fixtures, new drywall on existing studs, new mud set CT flooring, new CT walls & base, toilet accessories furnished by owner, sound insulation, pant door & frame Option to add toilet accessories
11,053.00
$
$
51,988.00
1,092.00
159 Conference Remove carpet and base, remove acoustic ceiling. Install new acoustic ceiling,prime and refinish existing drywall walls, paint walls, and install new carpet and rubber base, pnt dr & frm Option Add 1 data drop & 1 elect receptacle
$
$
20,894.00
1,728.00
160 Janitor
161 Elec
Remove VCT flooring & rubber base. Prime and refinish existing drywall walls , paint walls, install new Vinyl floor & rubber base
Remove VCT flooring & rubber base. Prime and refinish existing drywall walls , paint walls, install new Vinyl floor & rubber base
Remove carpet and base. Prime and refinish existing drywall walls, paint walls, install new carpet and rubber base.

Remove carpet and base,remove drywall,remove acoustic ceiling. Install new drywall on existing framing, new acoustic ceiling, paint walls, install new carpet, install new floor electrical box, paint doors & frames, raise handrail and paing Option add 2 data drops and 2 receptacles
$
$
$
8,021.00
5,722.00
22,852.00
162 Storage
163 Board Room
$
$
84,241.00
3,454.00Option Add 1 data drop & 1 elect receptacle
164 Corridor
165 Corridor
Remove carpet and base, remove drywall, remove acoustic ceiling. Install new drywall on existing framing, new acoustic ceiling, paint walls, install new LVT flooring, Paint doors & frames $
$
13,339.00
78,610.00
No work in base bid
Option add to Remove ceramic tile flooring to top of slab. Remove ACT ceiling. install new LVT flooring, new ACT ceiling, prime and refinish
existing drywall walls, paint walls, paint door & frame Revised Flooring number Misc. additional construction costs related to the entire building As built plan showing Outlets, Lighting, Switches and existing panels Electrical plan for furniture
$
$
12,000.00
15,600.00
System Furniture Plan allowance per Office [non-Cubicle] 30 Offices@$18000/Office) allowance for Cubicals per each (20 cubicles @$12,600/cubicle) Elect safe off and gate conduit and misc
Budget to remove and replace lighting fixtures not to exceed 50 2'x4' fluorescent fixtures Fire alarm system budget
Drain and test fire sprinkler system
dry well for fire sprinkler system
New roof hatch & access ladder
$
$
540,000.00
252,000.00
$
$
$
$
$
$
42,000.00
46,500.00
135,518.00
6,643.00
8,636.00
16,082.00
Base Bid Options
Ground Floor Totals $ 3,886,868.00 $ 792,000.00
Base Bid Second floor
Room Number
Option A
Description of work to be provided
remove carpet, and ceilings to remove smell
Base Bid Option
Option
$ 29,451.00
Room Number Description of work to be provided Base Bid Option B
BCI overhead cost: For any work after 6/30/24 there would be an additional cost of $3,700.00 per calendar day until completion.

Room Number Description of work to be provided
201 Mezzanine Corrid Construct shaft wall ceiling system to achieve a 1 hour rating at corridor assuming existing doors are firerated. Prime and refinish existing drywall walls, paint walls, Paint doors & frames Level floors approx. 500sf, install new carpet and rubber base. $ 147,994.00

12/05/23 Page 7 of 8
Room Number Description of work to be provided Base Bid Option 202 Elec & WH Remove wood flooring. Prime and refinish existing drywall walls, paint walls, Pnt dr & frm install new vinyl flooring and rubber base. Install new 50gal water heater. $ 23,131.00

12/05/23 Page 8 of 8
OptionRoom Number Description of work to be provided Base Bid 203 Women Remove ceramic tile flooring , remove ceramic wall tile, remove drywall to studs. new plumbing and fixtures, new drywall on existing studs, CT flooring, new CT walls & base, sound insulation, Paint door & frame $
$
78,636.00
1,553.00Option to add toilet accessories
204 Men Remove ceramic tile flooring , remove ceramic wall tile, remove drywall to studs. new plumbing and fixtures, new drywall on existing studs, CT flooring, new CT walls & base, sound insulation, Paint door & frame $
$
$
$
75,761.00
1,342.00
828.00
Option to add toilet accessories
prime & paint walls and ceiling paint door & frame
prime, finish & paint walls and ceiling paint door & frame Remove carpet and base. Prime and refinish existing drywall walls, paint walls, new ACT install new carpet and rubber base, paint doors & frames Remove carpet and base. Prime and refinish existing drywall walls, paint walls, new ACT install new carpet and rubber base, paint door & frame
Remove carpet and base. Prime and refinish existing drywall walls, paint walls, new ACT install new carpet and rubber base, add one data drop.

Remove carpet and base. Prime and refinish existing drywall walls, paint walls, new ACT install new carpet and rubber base, add one data drop.

Remove carpet and base. Prime and refinish existing drywall walls, paint walls, new ACT install new carpet and rubber base, paint doors & frames 205 Janitor
206 Storage
207 Office
3,300.00
$
$
$
$
20,078.00
10,649.00
10,224.00
10,418.00
208 Office
209 Office
210 Office
214 Office
$
$
$
19,625.00
864.00
4,271.00
Option to add data drop
215 Storage
216 Office
Remove and patch wood floor, replace two damaged tie backs, paint door & frame Remove carpet and base. Prime and refinish existing drywall walls, paint walls, new ACT install new carpet and rubber base, paint door & frame
Remove carpet and base. Prime and refinish existing drywall walls, paint walls, new ACT install new carpet and rubber base, paint door & frame
Remove carpet and base. Prime and refinish existing drywall walls, paint walls, new ACT install new carpet and rubber base, paint door & frame
Remove carpet and base. Prime and refinish existing drywall walls, paint walls, new ACT install new carpet and rubber base, paint door & frame
Remove carpet and base. Prime and refinish existing drywall walls, paint walls, new ACT install new carpet and rubber base, paint door & frame
Remove carpet and base. Prime and refinish existing drywall walls, paint walls, install new carpet and rubber base, add 1 electrical floor box. Paint door & frame Remove carpet and base. Prime and refinish existing drywall walls, paint walls, new ACT install new carpet and rubber base, paint door & frame
$
$
$
$
$
$
$
12,384.00
16,671.00
10,186.00
9,040.00
217 Office
218 Office
219 Office
220 Office
221 Conference
222 Office
223 Office
9,571.00
28,758.00
20,116.00
Remove carpet and base. Prime and refinish existing drywall walls, paint walls, new ACT install new carpet and rubber base, paint door & frame $ $
10,213.00
525,613.00Second Floor Totals $ 29,451.00
GRAND TOTAL $3,916,319.00 $ 1,317,613.00

EXHIBIT "C"

CONSTRUCTION

GENERAL PROVISIONS
SECTION 1 – GENERAL
1-1 GENERAL
Where these Exhibit “C” Construction General Provisions conflict with the Construction Specifications Institute (CSI) Masterformat (Latest Edition) Construction General Provisions, Exhibit “C” Construction General Provisions shall govern; any exceptions shall be at the sole discretion of the Engineer.

Subsection 1-1 of the Standard Specifications is supplemented by the following:

The Contractor shall comply with the provisions of the Standard Specifications for Public Works Construction (SSPWC), latest edition, including all subsequent addenda and supplements, hereinafter referred to as "Standard Specifications", as published by BNI Publications, Inc., 990 Park Center Drive, Suite E, Vista, California 92081, phone (760) 734-1113, and including the additions and amendments contained in these documents.

The SSPWC, latest edition, including all subsequent addenda and supplements, are incorporated herein by reference and are intended to govern the relationship of the parties, except as are modified herein or are inconsistent with the provisions hereof.

The Contractor shall additionally comply with the provisions of the California Building Codes (CBC), latest edition, as published by International Conference of Building Officials, along with all other codes, Standards and Specifications utilized by the City of Lancaster during the course of construction.

To the fullest extent permitted by law, the Contractor will indemnify and hold harmless the City, the City Engineer, their agents, consultants, and employees from and against all claims, damages, losses, and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the work, provided that any such liability, claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death (including that sustained by Contractor's or subcontractor's employees), or to injury to or destruction of tangible property (other than the work itself) including the loss of use thereof; and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any negligent act or omissions, whether active or passive, by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist.

The obligations of the Contract under this indemnity and hold harmless agreement shall not apply to (a) liability for damages arising from the sole negligence or willful misconduct of the City, the Capital Construction Manager, their agents, consultants, or independent contractors (other than the Contractor) who are directly responsible to the Capital Program Manager, nor the (b) the liability of the City, the Capital Program Manager, their agents, or employees, or consultants, arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) VER. 020723 C-1 PWCP 24-013

the giving of or the failure to give directions or instructions by the City, the Capital Program Manager, their agents or employees, provided such giving or failure to give is the sole cause of the injury or damage. 1-2 TERMS AND DEFINITIONS
Subsection 1-2 of the Standard Specifications is supplemented by the following:

Whenever the terms listed below appear in the Contract Documents, they shall be defined as follows:

Bid Price - The unit or lump sum amount shown in the Bid Schedule for the work item.

Building Code - California Building Code, latest edition, including all subsequent addenda and supplements (where specifically called out) and Lancaster Municipal Code Amendments, thereto.

Caltrans Standard Specifications - Standard Specifications of the State of California Department of Transportation latest edition, including all subsequent addenda and supplements (where specifically called out).

Contracting Agency - City of Lancaster - City
City Council - City Council of City of Lancaster
Council – Los Angeles/Orange Counties Building & Construction Trades Council Community Work Force Coordinator – delete all references.

Claim – A written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified. A voucher, invoice, or other routing request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

Days – Calendar Days, unless otherwise noted
Electrical Code - California Electrical Code, latest edition, including all subsequent addenda and supplements (where specifically called out) and Lancaster Municipal Code Amendments, thereto Engineer – City Engineer, or authorized representative of the City Engineer.

Execution of the Contract by the City - Execution of the Contract by the City will be complete when the City issues a Notice to Proceed.

Handbill - A small printed notice personally distributed by hand to individuals identified by the Engineer as specified in PART D. In no event shall handbills be placed in or on any portion of an owner’s mailbox.

VER. 020723 C-2 PWCP 24-013

Mechanical Code - California Mechanical Code, latest edition, including all subsequent addenda and supplements (where specifically called out) and Lancaster Municipal Code Amendments, thereto.

Notice of Completion - Notice executed by the City and Recorded with the County of Los Angeles Recorder giving formal notice of the completion of the work.

Plumbing Code - California Plumbing Code, latest edition, including all subsequent addenda and supplements (where specifically called out) and Lancaster Municipal Code Amendments, thereto.

Prime Specialty Contract – is a contract which the city enters into directly with a specialty contractor, as defined in Section 7058 of the Cal. Business & Professions Code, rather than contracting with a general contractor.

Standard Specifications - The Standard Specifications for Public Works Construction, latest edition, including all subsequent addenda and supplements, and the Standard Plans for Public Works Construction, latest edition, including all subsequent addenda and supplements, prepared by the American Public Works Association.
1-6 BIDDING AND SUBMISSION OF THE BID.
1-6.2 Subcontractor Listing.

Subsection 1-6.2 of the Standard Specifications is supplemented by the following:

Pursuant to the provisions in Section 1777.1 of the Labor Code, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at http://www.dir.ca.gov/dir/Labor_law/DLSE/Debar.html.

Non-Collusion Declaration of Subcontractor
The Contractor shall, upon request, obtain and produce the Non-Collusion Declaration of Subcontractors to the effect that the bid is genuine, and that neither the Subcontractor, nor any person or entity associated with the Subcontractor, has directly or indirectly colluded with any person or entity in regard to the bid. Should these forms be requested they must be completed and notarized by each subcontractor listed.
1-7 AWARD AND EXECUTION OF THE CONTRACT.
1-7.1 General.

Subsection 1-7.1 of the Standard Specifications is supplemented by the following:

Award
SB 854 bill signed into law on June 20, 2014, established a new public works contractor registration program to replace prior Compliance Monitoring Unit (CMU) and Labor VER. 020723 C-3 PWCP 24-013

Compliance Program (LCP) requirements for bond-funded and other specified public works projects. The Department of Industrial Relations (DIR) requires contractors and subcontractors who intend to bid or perform work on public works projects (as defined under the Labor Code) be subject to a registration and annual renewal fee. Contractors must apply online and meet minimum qualifications to be registered as eligible to bid and work on public works projects.

The requirement to list only registered contractors and subcontractors on bids becomes effective on March 1, 2015. The requirement to only use registered contractors and subcontractors on public works projects applies to all projects awarded on or after April 1, 2015.

The award of the contract, if it is awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. The award, if made, will be made within 60 calendar days after the opening of the bids. The City reserves the right to reject any or all bids; to waive any informality in any bid; or to award the contract to any bidder other than the lowest bidder should it deem in its best interest to do so. The City reserves the right to award a contract on the work and any alternates listed in the bid form in sum total, individually, or in any combination. The City reserves the right to award the contract for part or all of the items on the Bid Schedule.

Disqualification of Bidders
More than one bid from any person under the same or different names will not be considered.

Reasonable grounds for believing that any person is interested in more than one bid for the work contemplated will cause the rejection of all bids in which such person is interested. If there is reason for believing that collusion exists among any bidders, none of the participants in such collusion will be considered in future bids. Bids in which the price of any item grossly differs from the current market price may be rejected. Bids from Contractors who do not possess the specified license may be rejected. Bids that do not include proof of certification of an individual trained in providing traffic control in construction zones may be rejected.

Execution of Contract
The contract, in form and contents satisfactory to the City Attorney, shall be executed and submitted by the successful bidder, together with the bonds and insurance within 14 calendar days after such bidder has received the written contract. No bid shall be considered binding upon the City until the execution of the contract by the City. Failure to execute the contract and file acceptable bonds, insurance policies or certificates, as provided herein, within 14 calendar days, shall be just cause for the annulment of the award, and forfeit of bid guaranty to the City, as liquidated damages. The City may request a complete, notarized financial statement from the Contractor prior to the award of the contract, and will notify the Contractor if said statement is required.
1-7.2 Contract Bonds.

Subsection 1-7.2 of the Standard Specifications is supplemented by the following:

All bonds shall be in the form acceptable to the City Attorney. At execution of the contract, the successful bidders shall furnish two (2) contract bonds as follows:
a) A Faithful Performance Bond in the amount of 100% of the contract price VER. 020723 C-4 PWCP 24-013

b) A Labor and Material Bond in the amount of 100% of the contract price The Faithful Performance and Labor and Material bonds shall be submitted on forms furnished by the City. Said bonds shall be secured by an "admitted surety insurer" (as defined in the California Code of Civil Procedure Section 995.120, or successor statute) who can either: (i) meet the minimum rating of A-: VII in the latest edition of the Best's Key Rating Guide Property-Casualty; or (ii) provide the following documentation as mandated by the California Code of Civil Procedure Section 995.660, or successor statute:
(1) The original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws, or other instrument entitling or authorizing the person who executed the bond to do so. (2) A certified copy of the certificate of authority of the insurer issued by the Insurance Commissioner.
(3) Evidence that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted.
(4) Copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code.

Should any Surety at any time be unsatisfactory to the City, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the City.

SECTION 2 – SCOPE OF THE WORK
2-2 PERMITS.

Subsection 2-2 of the Standard Specifications is supplemented by the following:

Permits, Applications, Notices and Inspections
No work shall be started within the street right-of-way or on City property until the Contractor has obtained the necessary permits.

All permits, applications, notices and inspections required by the duly authorized governmental agency and servicing utility companies shall be obtained by the Contractor. No fee permits shall be obtained from the City of Lancaster. All inspections by the governmental agency and/or the servicing utility shall be arranged and applied for by the Contractor and he shall deliver all inspection certificates to the Engineer prior to final acceptance of the work. All fees, including but not limited to permit issuance, inspection, plan check, and charges connected with any permits and/or applications shall be included in the original bid price and shall not be the cause for additional charges or claims by the Contractor.

VER. 020723 C-5 PWCP 24-013

Business License
The Contractor shall have a business license to perform work in the City of Lancaster. 2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES.
2-5.2 Temporary Utility Services.

Subsection 2-5.2 of the Standard Specifications is supplemented by the following:

Recycled Water
When project limits are located, in whole or in part, between 50th Street West and 50th Street East, Contractor shall not draw water from any potable water fire hydrant (except to extinguish a fire); Contractor shall draw water from recycled water hydrants. With each public contract, the Contractor shall make application for recycled water use to the City of Lancaster Development Services Department Utilities Services Division. If recycled water is unavailable, the Contractor shall obtain a waiver for each contract, in writing, from the City of Lancaster Development Services Department Utilities Services Division allowing the Contractor to obtain permission to draw potable water from the potable water utility owner. 2-9 CHANGED CONDITIONS.

Subsection 2-9 of the Standard Specifications is supplemented by the following:

When the Engineer and the Contractor fail to agree as to whether an alteration ordered by the Engineer constitutes a material change or difference in the character of work as therein contemplated, or fail to agree on the compensation to be allowed for such altered work, the Contractor shall forthwith proceed with the altered work upon written order from the Engineer. Pending a settlement of the dispute, the Contractor shall file with the Engineer within 48 hours after receiving such written notice to proceed, a claim setting forth in detail in what particulars the character of the work was changed and by what amount the unit cost was increased.

The failure of the Engineer to recognize a change in the character of the work when ordering alterations shall in no way be construed as relieving the Contractor of his duty and responsibility for filing a claim as above provided. The Contractor shall receive no additional compensation for such altered work unless he files such a claim within 48 hours after receiving notice from the Engineer to proceed and full settlement shall be made on the basis of the contract unit prices.

SECTION 3 – CONTROL OF THE WORK
3-3 SUBCONTRACTORS.

Subsection 3-3 of the Standard Specifications is supplemented by the following:

No subcontract releases the Contractor from the contract nor relieves the Contractor of their responsibility for a subcontractor's work.

VER. 020723 C-6 PWCP 24-013

Your attention is directed to revisions by the Department of Industrial Relations (DIR) to Labor Code Section 4. 1725.5 and Section 5. 1771.1, whereby each subcontractor must be registered and pay an annual renewal fee per SB 854 in order to engage in the performance of any contract for public works which is subject to requirements of this chapter. This language must be included in all subcontracts.

Each subcontractor must have an active and valid State contractor's license with a classification appropriate for the work to be performed (Bus & Prof Code, § 7000 et seq.).

Before subcontracted work starts, submit a Subcontracting Request form.

Upon request by the Engineer, immediately remove and not again use a subcontractor who fails to prosecute the work satisfactorily.

CWA
This project shall comply with the requirements of the COMMUNITY WORKFORCE

AGREEMENT 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”) for all Project Work agreements executed after July 1, 2018 and all Amendments. The Contractor, and each of its subcontractors, of whatever tier, shall be required to submit LETTER(S) OF ASSENT in accordance with the CWA.

No Contractor or subcontractor shall commence Project Work without having first provided a copy of the LETTER OF ASSENT as executed by it to the Community Workforce Coordinator and to the Council forty-eight (48) hours before the commencement of Project Work, or within forty- eight (48) hours after the award of Project Work to that Contractor (or subcontractor), whichever occurs later.

It shall be the responsibility of the prime Contractor to have each of its subcontractors sign the documents described in the CWA, with the appropriate Craft Union prior to the subcontractor beginning work on covered Projects.
3-4 AUTHORITY OF THE BOARD AND ENGINEER.

Subsection 3-4 of the Standard Specifications is supplemented by the following:

Neither the City of Lancaster, the City Mayor, the Engineer, nor any other officer or authorized representative of the Agency shall be personally responsible for any liability arising under this Contract.

Any order given by the Engineer, not otherwise required by the Agreement to be in writing, will, upon request by the Contractor, be given or confirmed by the Engineer in writing. 3-5 INSPECTION.

Subsection 3-5 of the Standard Specifications is supplemented by the following:

VER. 020723 C-7 PWCP 24-013

Inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the Contract. Defective work shall be made good and unsuitable materials may be rejected, notwithstanding that such defective work and materials have been previously approved by the Engineer or included in the quantities for progress payments. 3-6 THE CONTRACTOR'S REPRESENTATIVE.

Subsection 3-6 of the Standard Specifications is supplemented by the following:

The Contractor shall designate in writing before starting work, an authorized representative who shall have the authority to represent and act for the Contractor.

Said authorized representative shall be present at the site of the work at all times while work is actually in progress on the contract. No work by subcontractors will be allowed in the absence of said authorized representative, unless previous arrangements are agreed to by the Engineer. In the event a subcontractor attempts to perform work in the absence of the authorized representative, a STOP NOTICE may be issued to the subcontractor.

When work is not in progress and during periods when work is suspended, arrangements acceptable to the Engineer shall be made for any emergency work which may be required. 3-7 CONTRACT DOCUMENTS.

Subsection 3-7 of the Standard Specifications is supplemented by the following:

The approved project plans shall be supplemented by such working drawings that may be necessary to adequately control the work. All authorized alterations affecting the requirements and information given on the approved Project Plans shall be in writing. No changes shall be made on any plan or drawing after the same has been reviewed by the City, except by its direction. Any shop or working drawings furnished by the Contractor shall be at his own expense and are subject to review, unless review is waived by the Engineer. All such plans shall be in conformity with the approved Project Plans. Although they were reviewed by the Engineer, the Contractor shall be responsible for accuracy of dimensions or details.
3-10 SURVEYING.
3-10.1 General.

Subsection 3-10.1 of the Standard Specifications is supplemented by the following:

The Engineer shall provide all construction survey staking at no cost to the Contractor. The Contractor shall be responsible for preserving construction survey stakes and marks for the duration of their usefulness.

If construction survey stakes are lost or disturbed and need to be replaced, such replacement shall be by the Engineer at the expense of the Contractor. The Contractor shall notify the Engineer at VER. 020723 C-8 PWCP 24-013

least 2 working days before he will require survey services in connection with the laying out of any portion of the work.

The cost of delays, errors and overtime payments to the Engineer due to improper or incomplete scheduling or notification of survey work by the Contractor shall be borne by the Contractor. 3-12 WORK SITE MAINTENANCE.

Subsection 3-12 of the Standard Specifications is supplemented by the following:

Refuse Collection and Disposal
The Contractor shall comply with Section 13.16 of the Lancaster Municipal Code with regard to waste disposal. Should the Contractor choose to procure the services of a commercial waste hauler, he shall use the City's franchise waste hauler for the removal and disposal of waste.

Dust Control
Dust resulting from the Contractor's performance of the work, either inside or outside of the right-of-way, shall be controlled by the Contractor in accordance with Section 3-12 of the Standard Specifications and AQMD Rule 403, as amended, or any subsequent corresponding rule adopted by the Antelope Valley Air Quality Management District (AVAQMD) on or after July 1, 1997.

Dust control shall be in effect at all times during earthwork operations, earth hauling operations, while heavy equipment is operating, and at all other times when dust could be generated.

Stockpiled earthen materials shall also be treated for dust control as needed.

The Contractor shall be liable for any and all fines which may be imposed by AQMD or AVAQMD. In addition, the City of Lancaster may impose a $500 per day penalty for each calendar day the Contractor is not in compliance with the provisions of this specification.

No separate payment will be made for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in providing dust control in accordance with Section 3-12 of the Standard Specifications and AQMD Rule 403, as amended, or any subsequent corresponding rule adopted by AVAQMD on or after July 1, 1997. Full compensation for dust control shall be included in the various items of work involved.

Flow and Acceptance of Water
It is anticipated that storm, surface or other waters may be encountered at various times and locations during work herein contemplated. The Contractor, by submitting a bid, acknowledges that he has investigated the risk rising from such waters and has prepared his bid accordingly, and Contractor, by submitting his bid, assumes all risk.
3-12.5 Sanitary Sewers.
3-12.5.1 General.

Subsection 3-12.5.1 of the Standard Specifications is supplemented by the following:

VER. 020723 C-9 PWCP 24-013

Sewer System O&M Program Requirements
O&M Program requirements are applicable to all Contractors working on City sanitary sewer systems facilities. Contractors shall be appropriately trained as indicated below.

The Contractor shall certify that its employees have been trained in operations and maintenance of sanitary sewer systems.

The Contractor shall demonstrate that their employees have been trained through:
a. Training records
b. Class content materials
c. Providing certification, of no less than 1 of the Contractor’s employees on the project hold a valid/current CWEA Grade I Certificate in Collection System Maintenance Technology. Depending on the size of the sewer project more than one employee may be required to be certified. The requirements for CWEA certification process for Grade I require:
i. No education or experience
ii. Successful completion of an examination to obtain the certificate iii. 12 training hours every 2 years to maintain the certificate iv. Payment of membership and testing fees
3-12.5.3 Sewer Spill Prevention and Emergency Response Plan.

Subsection 3-12.5.3 of the Standard Specifications is supplemented by the following:

Spill Emergency Response Plan (SERP)
An SERP shall be prepared by Contractors working on City Sanitary Sewer Systems facilities.

The Contractor is required to develop project-specific SERP subject to agency approval and to train their employees regarding its content and implementation. The Contractor is required to conduct a drill witnessed by the City to demonstrate that they have appropriate equipment and training.
3-13 COMPLETION, ACCEPTANCE AND WARRANTY.
3-13.1 Completion.

Subsection 3-13.1 of the Standard Specifications is supplemented by the following:

Until the formal acceptance of the work by the Agency, the Contractor shall have the charge and care thereof and shall bear risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution of from the non-execution of the work.

The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before its completion and acceptance and shall bear the expense thereof. The determination to rebuild, repair, or restore shall be made by the Engineer and his decision shall be final. In case of suspension of the work for any cause VER. 020723 C-10 PWCP 24-013

whatsoever, the Contractor shall be responsible for all materials and shall properly store them if necessary and shall erect temporary protective structures where necessary. 3-13.3 Warranty.

Paragraph 1 of Subsection 3-13.3 shall be amended to read as follows:

The Work shall be warranted by the Contractor against defective materials and workmanship for a period of 90 days for Landscaping and Irrigation Improvements and for a period of 1 year for all other improvements. The warranty period for Landscaping and Irrigation Improvements shall start on the date the Work was completed as determined by the Engineer. The warranty period for all other improvements shall start on the date the Work was formally accepted by the Agency.

Subsection 3-13.3 of the Standard Specifications is supplemented by the following:

Corrective work shall be performed within 2 working days after receiving notice from the Engineer or within that time as may be allowed by the City. Notice may be by phone or letter to the Contractor. The Contractor will be responsible for defective materials and must replace defective material at his cost.

SECTION 4 – CONTROL OF MATERIALS
4-1 GENERAL.

Subsection 4-1 of the Standard Specifications is supplemented by the following:

Materials and workmanship, unless indicated or specified otherwise, shall be in strict conformity with the Standard Specifications for Public Works Construction, latest edition, and all addenda thereto; nothing in these Specifications is to be construed to permit work below the standards of these ordinances and those of the Occupational and Safety Health Act. Any work found after acceptance of the Contract which does not comply with applicable codes shall be made to conform to the codes.

All materials and equipment shall be new and bear the label of, or be listed by, the Underwriter's Laboratories or the National Fire Protection Association, where applicable. All materials shall be the standard products of manufacturers regularly engaged in the production of such material and shall be the latest approved design.

All materials of the same type shall be supplied by the same manufacturer.

All materials and equipment shall be installed in a secure, neat, and workmanlike manner by competent workmen, and any item not so installed shall be corrected to meet the complete approval of the Engineer. If at any time, the Contractor believes that he cannot secure proper results through the use of materials and the procedure specified, it shall be his obligation to immediately notify the Engineer in writing, setting forth his decision.

VER. 020723 C-11 PWCP 24-013

Materials Furnished
The Contractor shall furnish all materials required to complete the work except such materials as may be designated in the Special Provisions to be furnished by the City.

Cleaning Equipment and Materials
The Contractor shall thoroughly clean all fixtures, apparatus, and equipment installed under his contract. Any dirt, rubbish or grease on walls, poles, walks, equipment or fixtures, for which the Contractor is responsible, must be removed by him and the premises left in first class condition in every respect. All rubbish resulting from the work shall be removed from the site by the Contractor, from time to time during construction, and/or when so directed by the Engineer.

Removal of Defective or Unauthorized Work
All work that has been rejected shall be remedied or removed and replaced by the Contractor in an acceptable manner and no additional compensation will be allowed him for such removal or replacement. Any work done beyond the lines and grades shown on the plans or established by the Engineer, or any extra work done without written authority, will be considered as unauthorized and will not be paid for. Work so done may be ordered removed at the Contractor's expense. Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed and to deduct cost of same from any monies due, or to become due, the Contractor.

Graffiti Abatement
All construction equipment, traffic control devices, and the general job site shall be maintained in an essentially graffiti-free state. The General Contractor will be solely responsible for all labor and materials required to maintain this condition. The General Contractor shall have 24 hours in which to rectify any graffiti condition brought to his/her attention in writing by the Engineer representing the City. Should the graffiti not be removed in the allotted time, a fee of $500.00 for each 24 hour period will be assessed by the City to the General Contractor until resolution of the situation. If the City determines that the graffiti cleanup is taking an inordinate amount of time, the City shall, at its own discretion, have the right to clean up the graffiti. The Contractor shall pay all costs associated with graffiti cleanup work performed by the City plus accrued penalties.

If the Contractor fails to pay for the cleanup, such payment shall be deducted from monthly progress payment due the Contractor.

Quality Assurance
The City may retain various specialists such as material and soils testing laboratories to observe performance of work such as earthwork in connection with excavation, filling, and grading. Work performed that does not meet technical or design requirements shall be corrected by the Contractor at no additional expense to the City. No deviations from the Contract Documents without specific and written acceptance of the City shall be accepted.
4-2 PROTECTION.

Subsection 4-2 of the Standard Specifications is supplemented by the following:

VER. 020723 C-12 PWCP 24-013

Protection of Work and Materials
The Contractor assumes all responsibility for materials, storage, damage to equipment, and safety to all personnel and public, until final acceptance by the Agency. The Contractor will be held responsible for defective material, and if at any time there is defective material obtained, the defective material shall be removed from the worksite and new material(s) shall be obtained. 4-3 INSPECTION.
4-3.1 General.

Subsection 4-3.1 of the Standard Specifications is supplemented by the following:

Concealment of Work
In order to allow for inspection, and in addition to any inspection required, the Contractor shall notify the Engineer sufficiently in advance of the permanent concealment of any materials or work.

If any work is concealed or performed without the prior notice specified above, then the work shall be subject to such tests or exposure as may be necessary to prove to the Engineer that the materials used and the work done are in conformity with the plans and specifications. All labor and equipment necessary for exposing and testing shall be furnished by the Contractor at its expense.

The Contractor shall replace, at its own expense, any materials or work damaged by exposure or testing.
4-4 TESTING.

Subsection 4-4 of the Standard Specifications is supplemented by the following:

Except as elsewhere specified, the Agency will bear the cost of testing material and/or workmanship which meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost of all other tests, including the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor.

If, after testing, it is found that sources of supply which have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. After approval, any material which becomes unfit for use due to improper storage, handling, or any other reason, shall be rejected. 4-6 TRADE NAMES.

Subsection 4-6 of the Standard Specifications is supplemented by the following:

The designation of a brand name or catalogue number in these specifications is not intended to restrict bidding. It shall be, as approved in writing, at the absolute discretion of the City, however, to determine whether or not any substitute product is in fact equal. Where the Contractor elects to use a substitute item to that named in the specifications or on the plans he shall first submit a VER. 020723 C-13 PWCP 24-013

written request to the Engineer and receive the Engineer's written approval to do so before incorporating the item in the project. Any substitute item not receiving such approval shall be removed.

SECTION 5 – LEGAL RELATIONS AND RESPONIBILITIES
LABOR.5-3
5-3.1 General.

Subsection 5-3.1 of the Standard Specifications is supplemented by the following:

Employment of Apprentices
Attention is directed to the provisions in Section 1777.5 (Chapter 1411, Statutes of 1968) and Section 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him.

Information on award of contracts is reported to the California Department of Industrial Relations - Division of Apprenticeship Standards in accordance with Section 3098, Chapter 4, Division 3, of the California Labor Code. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards Branch offices.
5-3.3 Payroll Records.

Subsection 5-3.3 of the Standard Specifications is supplemented by the following:

All Contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement).

The Contractor is required to report payroll activities to ensure compliance with Section 5-3.2 of the Standard Specifications. The City may require the Contractor to also submit certified Payroll Summary Forms upon request, listing each person who is employed on their project by the Contractor and by Subcontractors, their classification and hourly rate.

When requested, certified payroll summaries, shall be submitted to the City. Pay requests will be processed after the City has reviewed the applicable payrolls and found them to be in compliance with California Labor Code.
5-4 INSURANCE.
5-4.2 General Liability Insurance.

Subsection 5-4.2 of the Standard Specifications is supplemented by the following:

VER. 020723 C-14 PWCP 24-013

Insurance Requirements for Contractors
Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from execution of contract until acceptable insurance is provided.

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid.

Once the apparent low bidder has been identified, the apparent low bidder shall present evidence in writing to the City of Lancaster of the following limits of insurance coverage:

Commercial General Liability
Each Occurrence $5,000,000
Per Project General Aggregate $10,000,000
Including Products/Completed Operations
Including Contractual Liability/Independent Contractors Including Property Damage
XCU Coverage Must Not Be Excluded
(Coverage shall be at least as broad as ISO form CG2010 11/85 OR CG2010 07/04 AND CG2037 07/04, or an equivalent providing ongoing and completed operations) Commercial Automobile Liability
Combined Single Limit per Accident for
Bodily Injury and Property Damage $10,000,000
(Coverage shall be at least as broad as ISO form CA00 01) Workers Compensation
As Required by the State of California Statutory Limits Employer’s Liability
Each Accident
Bodily Injury by Disease
Each Employee
$1,000,000
$1,000,000
$1,000,000
(A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers’ Compensation & Employer’s Liability policies)
A. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insured’s liability.

B. Any deductibles or self-insurance retentions must be declared and approved by the City. At the City’s option, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City insured entities or the insurer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

VER. 020723 C-15 PWCP 24-013

C. All insurance shall be primary and non-contributory as respects the City insured entities. Any insurance or self-insurance maintained by the City insured entities shall be in excess of the Contractor’s insurance and shall not contribute with it.

D. Contractor shall furnish the City with Certificates of Insurance and endorsements effecting coverage required by this Agreement. Certificates of insurance shall meet the following requirements:

1. Show that the insurance policy has been endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after 30 days’ prior written notice (10 days’ written notice for non-payment) to the City of Lancaster.

2. List in the “Descriptions of Operations/Locations/Vehicles/Special Items” section:

3. List in the “Certificate Holder” section:

The City of Lancaster
44933 Fern Avenue
Lancaster, California 93534
E. Contractor shall include all subcontractors as an insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Subcontractors are subject to the same insurance requirements as the Contractor.

F. The coverage provided under this contract shall not contain any special limitations on the scope of protection afforded to the City insured entities.

Verification of Coverage
Contractor shall furnish the Agency with certificates of insurance and with original endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Agency before work commences. The Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

VER. 020723 C-16 PWCP 24-013

SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK.

Subsection 6-1 of the Standard Specifications is supplemented by the following:

The Contractor shall submit an electronic Project Schedule to the Engineer for approval at least 48 hours prior to the preconstruction conference. The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Engineer may withhold approval of progress payments until the Contractor submits the required schedule.

The Contractor shall update the schedule every two (2) weeks and provide the updated schedule to the Engineer and the Inspector. If, in the opinion of the Engineer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Engineer, without additional cost to the Agency. In this circumstance, the Engineer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Engineer deems necessary to demonstrate how the approved rate of progress will be regained.

Failure of the Contractor to comply with the requirements of the Engineer under this clause shall be grounds for a determination by the Engineer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Engineer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

In the event the Contractor must modify the Project Work Schedule, a written request to modify the Schedule shall be submitted to the Engineer for approval at least 48 hours prior to the intended change prior to commencing on the changed portion of the work. Performing work out of sequence with the approved schedule may result in issuance of a Stop Notice. Contract Working Days will continue to count until the schedule is revised and work sequence is compliant.

Preconstruction Conference
A Preconstruction Conference will be held for the Contractor, the subcontractors and affected agencies and utilities. The date, time and location of said conference shall be scheduled by the Engineer. The Contractor shall submit the following forms and/or information 48 hours prior to the preconstruction conference: Emergency Contact Information, Project Construction Schedule, Schedule of Values for all Lump Sum items, designation of Project Superintendent and designation of Certified Traffic Control Person assigned to the project.

Emergency Information
The names, addresses, and telephone numbers of the Contractor and subcontractors, or their representatives, shall be filed with the Engineer and the Los Angeles County Sheriff's Department prior to beginning the work.

VER. 020723 C-17 PWCP 24-013

6-2 PROSECUTION OF THE WORK.

Subsection 6-2 of the Standard Specifications is supplemented by the following:

The Contractor shall conduct his operations so as to have under construction no greater length or amount of work than he can prosecute properly. Prior to starting any phase of the work, the Contractor shall be prepared and shall have sufficient materials and labor on hand to prosecute the work to completion.
6-3 TIME OF COMPLETION.
6-3.1 General.

Subsection 6-3.1 of the Standard Specifications is supplemented by the following:

Holiday Moratorium
This project shall comply with the City of Lancaster 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 2 nd, except public safety emergency work or with written permission from the Engineer. Work commenced prior to the Holiday Moratorium shall be in such a condition that it will be resurfaced prior to November 15th.

Night, Weekend and Holiday Work
No work shall be performed at night, on Saturdays, Sundays, or on holidays observed by the City of Lancaster, except work pertaining to the public safety, or with the permission of the Engineer and in accordance with such regulations as he shall furnish in writing.

Before performing any work at said times, except work pertaining to the public safety, the Contractor shall submit a written request to the Engineer 48 hours in advance of the intended nighttime, weekend, or holiday work so that proper inspection may be provided. "Night" as used in this paragraph shall be deemed to include the hours from 5 p.m. to 7 a.m. of the succeeding day.

The Contractor will reimburse the City for the inspector's time at the most current rate determined by the City's Finance Department. At the time of this printing the rate for inspection is $166.00 per hour straight time, and $249.00 per hour overtime.

Listed below are the Holidays that will be observed by the City of Lancaster during 2023:

New Year’s Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Monday, January 2
Monday, January 16
Monday, February 20
Monday, May 29
Juneteenth Monday, June 19
Independence Day
Labor Day
Columbus Day
Veterans Day
Tuesday, July 4
Monday, September 4
Monday, October 9
Friday, November 10
Thursday, November 23Thanksgiving Day
VER. 020723 C-18 PWCP 24-013

Day after Thanksgiving
Christmas Eve Day
Christmas Day
Friday, November 24
Monday, December 25
Tuesday, December 26
Monday, January 1New Year’s Eve Day
Listed below are the Holidays that will be observed by the City of Lancaster during 2024:

New Year’s Day
Martin Luther King, Jr. Day
President's Day
Tuesday, January 2
Monday, January 15
Monday, February 19
Monday, May 28Memorial Day
Juneteenth Monday, June 18
Independence Day
Labor Day
Columbus Day
Wednesday, July 4
Monday, September 3
Monday, October 14
Monday, November 12
Thursday, November 22
Friday, November 23
Monday, December 24
Tuesday, December 25
Monday, January 1
Veterans Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve Day
Christmas Day
New Year’s Eve Day
6-4 DELAYS AND EXTENSION OF TIME.
6-4.1 General.

The first paragraph of Subsection 6-4.1 of the Standard Specifications is supplemented by the following:

If delays are caused by unforeseen events beyond control of both the Contractor and the Agency, such delay will entitle the Contractor to an extension of time as provided herein, but the Contractor shall not be entitled to damages or additional payment due to such delays.

War, government regulations, labor disputes, strikes, floods, adverse weather necessitating cessation of labor, required "extra work", proper installation of required utilities in street right-of-way prior to paving, or other specific reasons as may be further described in the specifications may constitute such delay.

No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof of the inability to obtain such materials in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule.

The Contractor will not be assessed liquidated damages for delay in completion of the project, when such delay is caused by failure of the Agency or the owner of the utility to provide for removal or relocation of existing utility facilities. Notwithstanding any of the provisions in Subsection 402-5 and Subsection 6-4.3 of the Standard Specifications relative to payment to the Contractor for actual loss due to utility delay; the Contractor will be entitled to an extension of time as provided in Subsection 6-4 but will not be entitled to any other compensation for such delay.

VER. 020723 C-19 PWCP 24-013

6-5 USE OF IMPROVEMENT DURING CONSTRUCTION.

Subsection 6-5 of the Standard Specifications is supplemented by the following:

Before taking possession of or using any work, the Engineer shall furnish the Contractor a list of items of work remaining to be performed or corrected on those portions of the work that the Agency intends to take possession of or use. However, failure of the Engineer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract.

The Agency's possession or use shall not be deemed an acceptance of any work under the contract. 6-6 SUSPENSION OF THE WORK.
6-6.2 Archaeological and Paleontological Discoveries
Subsection 6-6.2 of the Standard Specifications is supplemented by the following:

During construction, if subsurface archaeological resources are encountered, they shall be left in place and a qualified archaeologist called to examine the findings. Work shall not resume until the archaeologist has reviewed the findings, made recommendations for their removal or preservation, and has a reasonable opportunity to carry out the necessary mitigation procedures.

If the Contractor shows that there is no reasonable way to proceed with other work items, the counting of working period will stop. There will be no compensation for this type of delay. 6-9 LIQUIDATED DAMAGES.

Subsection 6-9 of the Standard Specifications is supplemented by the following:

The amount of liquidated damages is hereby revised to $500 per calendar day.

In addition to the liquidated damages specified above, if the Contractor fails to complete the work within the time specified for completion, plus any authorized time extensions, the Agency shall have the right to charge the Contractor all or any part, as it may deem proper, of the actual costs of inspection, supervision and other overhead expenses that are directly chargeable to the project and that accrue after the expiration of such specified time for completion plus authorized extensions.

This charge will be in addition to the payment of liquidated damages.

SECTION 7 – MEASUREMENT AND PAYMENT
7-3 PAYMENT.

Subsection 7-3 of the Standard Specifications is supplemented by the following:

VER. 020723 C-20 PWCP 24-013

Drawing of Record
Contractor shall maintain a set of drawings on the job site to show all changes in work, dimensions of underground runs, locations, etc. Drawings shall be updated daily. Upon completion of the work, these drawings of record shall be delivered to the Engineer. The project shall not be submitted for City Council acceptance prior to approval of Drawings of Record ("As Built Drawings"), and retention cannot be paid until 35 days after a "Notice of Completion" has been recorded by the County Recorder's office except such amounts as are required by law.

Taxes
Bidders shall include any and all taxes in their bids.

It shall be the sole responsibility of the bidder to determine the applicability of any and all taxes which may or may not be due under the provisions of these specifications. 7-3.2 Partial and Final Payment.

Subsection 7-3.2 of the Standard Specifications is supplemented by the following:

Regardless of Section 7-3.2 of the General Provisions of the Standard Specifications, 5% will be deducted and retained by the City from each progress payment, and the remainder less the amount of all previous payments, liquidated damages and penalties will be paid to the Contractor.

As between the City and any other party, whether it be the Contractor, his surety, subcontractor or any other party, the City shall have the first priority right to satisfy any and all of its claims, costs, losses, and damages, to the full amount of the retention, which may have been caused by the Contractor in the execution, breach, or omission of his duties hereunder.

Prior to the commencement of the Work, the City shall provide a schedule of deadlines by which the Contractor must submit pay requests. Any pay requests submitted after the deadline has passed will be reviewed for the following payment period and no exceptions to the deadline will be considered. Request for payments are to only be submitted in the format for payment requests designated by the City.

Retention of Funds to Ensure Performance
Pursuant to Public Contract Code Section 22300 and upon Contractor's request, the City will make payment of funds retained from progress payments for performance security if the Contractor deposits in escrow with the City Treasurer or with a state or federal-chartered bank acceptable to the City, funds under Government Code Section 16430 or bank or savings and loan certificates of deposit, upon the following terms and conditions:

A. The Contractor shall bear the expense of the City and the escrow agent, either the City Treasurer or the bank, in connection with the escrow deposit made.

B. Securities or certificates of deposit shall be of a value of at least 100% of the amounts of retention to be paid to the Contractor pursuant to this Section.

VER. 020723 C-21 PWCP 24-013

C. The Contractor shall enter into an escrow agreement satisfactory to the City which agreement shall include provisions governing inter alia:

1. The amount of securities to be deposited.

2. The Contractor shall be the beneficial owner of any securities substituted and shall receive any interest of dividends thereon.

3. The providing of powers of attorney or other documents necessary for the transfer of the securities to be deposited.

4. Conversion to cash to provide funds to meet defaults by the Contractor.

5. The decrease in value of securities on deposit.

6. The termination of the escrow upon completion of the Contract.

D. The Contractor shall obtain the written consent of the surety to the escrow agreement.

Final Payment of Retention; Presentment of All Claims; Release of Any Claims Not Presented Contractor shall, at the time he requests the retention amount or return of the retention securities, present in writing all claims which he may have against the City. Any claims which have not been presented in writing to the City at or prior to such time shall be deemed waived, and in regard thereto, the City is thereby released and forever discharged of any responsibility as to such unpresented claims. For the purposes of this paragraph, an oral presentment shall not be deemed sufficient to constitute a presentment.

Release of Retained Funds
The funds retained by the City will be paid to the Contractor 35 days after a "Notice of Completion" has been recorded by the County Recorder's office, except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the contract to be further retained.

Partial Payments
All pay requests shall be for work completed by the end of the month of each month and shall be submitted on or by the 5 th day of the following month. Payment shall be in the amount of the total value of work approved by the Engineer, less retention. Said estimate and payment will not be made when, in the judgment of the Engineer, the total value of the work done since the last estimate amounts to less than $300. Once pay requests are approved by City staff, they will be forwarded to the Finance Department to be included in the next available payment cycle.

Delayed Payments
All monies due the Contractor under the Contract will be paid as required by law, and it is understood that any delay in the preparation, approval and payment of these demands will not constitute a breach of Contract on the part of the Agency.

VER. 020723 C-22 PWCP 24-013

7-5 PAYMENT FOR CHANGES REQUESTED BY THE CONTRACTOR.

Subsection 7-5 of the Standard Specifications is supplemented by the following:

Value Engineering
The State of California Department of Transportation Standard Specifications, latest edition, Subsection 5-1.14, Cost Reduction Incentive, is included in these Specifications by reference herein.

Proprietary Names and Substitutions
a. Whenever any equipment, material, or process is indicated or specified by patent of proprietary name, or by name of manufacturer, such reference is used to establish the type, function, and quality required. Such references shall be deemed to be preceded by the words “equal and similar to.” The Contractor may offer any equipment, material, or process for which the Contractor submits data supporting that such are substantially equal to that indicated or specified. Final determination of the acceptability of such substitute items shall rest with the Engineer. Engineer may consider the strength, appearance, durability, reliability, dimension, finish, efficiency, maintainability, service history, life cycle cost, and other characteristics of the proposed substitute in making that determination.
b. A substitute item shall be a standard, catalogued product of a company regularly engaged in the manufacture of such items. No custom or prototype substitutes will be accepted. The Contractor shall certify that a substitute item will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance, and be suited to the same use as the specified item. Contractor shall identify all differences between the proposed substitute and the specified, and state whether or not acceptance of the proposed substitute will require a change in the Contract Documents to adapt the design to the proposed substitute. Any redesign or changes in the Work resulting from acceptance of a substitute will be at the sole expense of the Contractor. The Contractor shall furnish such data concerning and perform such testing of the proposed substitute item and determine if it is substantially equal. Additional information requested by the Engineer shall be furnished by the Contractor within 7 calendar days of such request.
c. For purposes of approving substitutions prior to bid opening the Contractor shall submit the necessary paperwork 10 calendar days prior to bid opening. The project shall be bid based on the approved Plans and Specifications. If, and only if, a substitution is approved prior to bid opening, it shall thereby be considered part of the approved Plans and Specifications. d. For purposes of approving substitutions as value engineering after bid opening, offers of substitute items shall be made within 25 percent of the total Contract Time after the Notice to Proceed. The Contractor shall allow the Engineer 28 calendar days review time to evaluate substitute items unless otherwise stated in the Specifications. No extension of the Contract Time will be authorized for any circumstance developing from the provisions of this Subsection. Failure to comply with the provisions of this Subsection will be sufficient cause for rejection of a proposed substitute.

VER. 020723 C-23 PWCP 24-013

SECTION 400 – PROTECTION AND RESTORATION
400-1 GENERAL.

Section 400-1 of the Standard Specifications is supplemented by the following:

Clean-up and Restoration
(a) Clean-up: The Contractor shall properly clean the work as it progresses and prevent his operations from producing dust in amounts damaging to property or annoying persons living in the vicinity.
(b) Restoration: Any landscaping, fences, and walls disturbed during construction shall be replaced in a professional manner and as nearly as possible to their original condition. (c) Payment: Payment for clean-up and restoration shall be included with other items of work.

Protection of Property
All facilities such as utilities, drainage structures, fences, walls, and other structures encountered shall be protected in place and any damage to such facilities shall be repaired or replaced immediately to the satisfaction of the Engineer. Fences and other structures may be removed only with the permission of the Engineer.

The Engineer has attempted to show all pertinent existing underground utilities or substructures; however, it is the Contractor's responsibility to use due caution and to protect all utilities or substructure discovered, whether shown on the Plans or not.

The Contractor shall be responsible for any and all damage resulting from his construction activities. The damage shall be repaired or replaced to the satisfaction of the Engineer prior to final approval of this project.

Use of Private Property
The Contractor shall not place construction materials, soil, debris or other materials and items such as vehicles and equipment on privately owned property in the vicinity of the project without first having obtained in writing the approval of the owner(s) of those properties. A copy of each such approval form shall be provided to the inspector before the property is used. Any such property shall be restored to the satisfaction of the owner and the City before the project will be accepted.

A written sign-off letter from the property owner shall be filed with the City prior to the final project acceptance by the City Council.
400-2 PERMANENT SURVEY MARKERS.

Section 400-2 of the Standard Specifications is supplemented by the following:

Existing land subdivision monuments and stakes shall be fully protected from damage or displacement and they shall not be disturbed unless directed by the Engineer. Full compensation VER. 020723 C-24 PWCP 24-013

for conforming to the requirements of this article shall be considered as included in the prices paid for the various items of work and no additional compensation will be made thereof.

All costs incurred for replacing existing survey monuments as a result of willful or careless destruction by the Contractor shall be borne by the Contractor.

SECTION 402 – UTILITIES
Section 402 of the Standard Specifications is supplemented by the following:

Location and Protection of Underground Hazardous Utilities The Contractor is hereby notified that, as called out in the Special Provisions, there are underground utilities within the construction area which may be potentially hazardous if damaged.

A hazardous substance shall be defined as one having the potential for an immediate disaster, such as, but not limited to gasoline, electricity, fuel oil, butane, propane, chemicals, natural gas, or chlorine. Abandoned or inoperative utilities designed to carry hazardous substances shall be declared hazardous until determined otherwise.

During all excavation and trenching operations the Contractor will be required to exercise extreme precaution and protect these utilities from damage. Forty-eight (48) hours prior to any excavation in the proximity of the lines, the Contractor shall request the owners of these utilities, at the owner's cost, to accurately determine the locations and depths of their potentially hazardous lines as follows:

1. The Contractor shall not trench or excavate within the area where a utility known to carry a hazardous substance exists until the owner is present and its location has been determined by potholing or other proven methods acceptable to the Engineer at intervals sufficient to determine its exact location. In no case shall the intervals between potholes or the location by other proven methods approved by the Engineer, exceed the distance set forth as follows:
a. Excavation for highway or street construction:

The utility shall be located at intervals not greater than 25' for lines up to 8" in diameter, 50' for lines greater than 8" to 24" in diameter, and 100' for lines greater than 24" in diameter.
b. Trench excavation:
(1) Longitudinal utilities:

Longitudinal utilities in the street shall be located at intervals not greater than 500'. If determined to be within 6' of the excavation, it shall be further located at intervals not greater than 100'.

If the longitudinal location is less than 3' from any excavation, the utility shall be located at intervals not greater than 25' for lines up to 8" in diameter, VER. 020723 C-25 PWCP 24-013

50' for lines greater than 8" to 24" in diameter, and 100' for lines greater than 24" in diameter.
(2) Transverse utilities:

If the location of the utility is above the contract facility being installed it shall be carefully exposed by the owner and protected by the Contractor in a manner satisfactory to the owner prior to trenching or other excavation. If the clearance exceeds the minimums specified below, it need only be located.
c. After it is determined that the horizontal or vertical clearance between the utility known to carry hazardous substances and the construction limits is less than 12" (18" if scarifying), the Contractor shall confer with the owner. Unless the owner elects to relocate the line or take it out of service, the Contractor shall not excavate until the line has been completely exposed by the owner within the limits of construction.

2. 3.

Once the physical location of the utility known to carry hazardous substances has been determined, the Contractor, in cooperation with and with the concurrence of the utility owner, shall determine how to protect and/or support utility from damage before proceeding with this work. The owner of the utility has the right, however, to support and/or protect its utility at the sole expense of the Contractor.

The Contractor shall notify the contracting agency, the public agency maintaining records for that jurisdiction and the owner, if known, whenever previously unidentified or unknown underground utilities are encountered so that the location can be accurately established and made a part of the permanent substructure records.

Full compensation for complying with the above requirements shall be considered to be included in the applicable bid item(s) of work and no additional payments will be made therefore. 402-1 LOCATION.
402-1.1 General.

Subsection 402-1.1 of the Standard Specifications is supplemented by the following:

The Contractor shall obtain a City "no-fee" permit and notify Dig Alert (811) before commencing any excavations in areas where utilities would normally be located. All potholing of gas lines shall be per the Southern California Gas Company Potholing Policy provided in the Appendix.

Underground utilities known to the City are identified in the Special Provisions or on the Plans.

By the Contractor calling USA, such and other utilities should be marked on the project site.

Should there appear to be discrepancies between the utilities shown on the Plans and those marked by the Utilities, the Contractor should not proceed until verifying the correctness thereof. Where the project is on City property, the operating City Department will mark the substructures following a request by the Contractor.

VER. 020723 C-26 PWCP 24-013

The Contractor will not be assessed liquidated damages for delay in completion of the project when such delay is caused by failure of the Agency or the owner of the utility to provide for removal or relocation of existing conflicting utility facilities where such removal/relocation is not part of the Contractor's responsibility. Notwithstanding any of the provisions in Subsection 402-5 and Subsection 6-4.3 of the Standard Specifications relative to payment to the Contractor for actual loss due to utility delay; the Contractor will be entitled to an extension of time as provided in Subsection 6-4, but will not be entitled to any other compensation for such delay.

Some existing utility facilities may remain in place and the Contractor will be required to work around and pave up to said facilities. During paving operations, the Contractor shall cooperate with the owners of sleeve type valve covers and raise such covers to grade.

SECTION 600 – ACCESS
600-1 GENERAL.

Section 600-1 of the Standard Specifications is supplemented by the following:

Protection of the Public
The following minimum restrictions shall be maintained by the Contractor in the conduct of his work:

The Contractor shall make all provisions necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect the public.

Whenever, in the opinion of the Engineer, an emergency exists for which the Contractor has not taken sufficient precautions for the public safety, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation within a reasonable time period, the Engineer may direct such work to be done and material to be furnished as reasonable and necessary. The cost and expense of said labor and material together with the cost and expense of such repairs as are deemed necessary shall be borne by the Contractor. All expenses incurred by the Agency for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. The minimum cost to the Contractor for the Agency to provide such remedial measures shall be $500.00 per calendar day. However, whether or not the Agency does take such remedial measures, the Contractor is not relieved of the full responsibility for public safety.

Traffic Control and Public Convenience
The Contractor shall comply with Section 600 of the Standard Specifications and provide safe and continuous passage for pedestrian and vehicular traffic at all times. The Contractor shall provide and maintain all necessary flagmen, barricades, delineators, signs, flashers, and any other safety equipment as set forth in the latest version of the California Manual of Uniform Traffic Control Devices or as required by the Engineer to insure safe and continuous passage of traffic.

The Contractor shall provide one or more individuals certified by the Institute of Transportation Studies (ITS) (510) 231-9590, American Traffic Safety Services Association (ATSSA) VER. 020723 C-27 PWCP 24-013

(540) 368-1711, Global Environmental Network, Inc. (GENI) (714) 963-3961, the International Municipal Signal Association (IMSA) (800) 723-IMSA (4672), or other organizations as approved by the Engineer as having been trained in providing traffic control in a construction zone. The number of certified individuals required will be based on the size and complexity of the project and shall be determined by the Engineer. By submitting his bid, the Contractor acknowledges his awareness of this requirement and thereby warrants that said requirement will be met.

The certified individual shall be responsible for maintenance of all traffic control on the job site.

This individual shall review the traffic control on the job site periodically throughout the day. If at any time the Inspector and/or Engineer determine that the traffic control is inadequate, he shall immediately issue a stop notice to the Contractor. Work shall not recommence until adequate traffic control is in place.

In no case shall traffic be diverted off of the existing roadway without prior approval of the Engineer. When the Contractor has been given approval to divert traffic from the existing roadway, a paved detour shall be provided. Unless specifically approved in writing, all detours shall be constructed of A.C. pavement. Paved detours shall be provided at the Contractor's sole expense.

When work on a primary or secondary arterial street will divert traffic from normal patterns, a Changeable Message Board shall be placed to notify motorist of upcoming construction at least 72 hours prior to construction. The precise placement of the Changeable Message Board shall be coordinated with the Engineer. Placement of the Changeable Message Board does not preclude the Contractor from any other notifications or posting required on the plans or in the specifications.

A detailed Temporary Traffic Control Plan that is signed and stamped by a Registered Traffic Engineer or Registered Civil Engineer shall be required when any of the following items are true:

Temporary traffic control will be implemented for more than 5 calendar days, traffic will be moved over the street's centerline, more than one lane will be closed, or the work being performed is within 250' of an existing traffic signal. If required, the Temporary Traffic Control Plan shall be submitted by the Contractor to the Engineer for approval 7 calendar days prior to commencement of construction. Should the submitted Temporary Traffic Control Plans not meet the requirements of the Engineer, the Contractor shall have the plans revised as necessary until the plans are approved by the Engineer. The failure of the Contractor to obtain an approved Temporary Traffic Control Plan shall not prevent the City from issuing a Notice to Proceed and/or counting contract days. A sample of anticipated Traffic Control Notes and General Notes is included in the Appendix to assist the Contractor in preparing the bid
In no case will the blackening-out of conflicting traffic striping, whether temporary or permanent, be allowed. All conflicting traffic striping and markings shall be removed by wet sand blasting or grinding, as determined by the Engineer. Pavement markings such as arrows and legends shall be removed in a squared-off or rounded-off pattern to adequately eliminate any evidence of the original configuration of the marking. All conflicting raised pavement markers shall be pried off and any remaining residue shall be removed by wet sandblasting. Any remaining residue or resultant material from utilizing stick-down delineators shall be removed in its entirety by grinding or wet sandblasting.

In order to facilitate the flow of the traffic during the contractual period, the Agency reserves the right to extend the limits of the project to include any areas where signing and delineating is deemed necessary by the Engineer. Lighted arrow boards shall be used whenever traffic diverted VER. 020723 C-28 PWCP 24-013

from the normal path of travel. Lighted arrow boards shall be solar powered unless otherwise authorized by the Engineer. Flag personnel shall be able to understand and give verbal directions in English to motorists as to alternate routes or provide a map of the alternate routes. The Contractor shall provide and install signs indicating alternate routes. Said signs shall be posted in advance of work area. The number of lighted arrow boards used shall be one per diverted traffic lane.

It shall be the Contractor's responsibility to maintain sufficient barricades adjacent to the project at all times during the construction to adequately protect the traveling public.

The Contractor shall be responsible for providing and maintaining an adequate number and layout of barricades and traffic cones around the work site. The Contractor shall not begin work until the Engineer has approved the placement and the number of barricades and delineators.

When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.

Contractor shall not close both sides of street at the same time. Any concrete sidewalk and driveway removals shall be replaced before a weekend, unless otherwise approved by the Engineer. Work on curb ramps shall be phased to two ramps at a time, and pedestrian accessibility must be maintained at all times. Concrete for Curb Ramp locations shall be placed back by week’s end (nothing left open over weekend).

Wearing of Reflective Clothing and Hard Hats
All persons working within the City right-of-way shall wear bright orange or lime green safety shirts, vests, or jackets (identifying to motorists that such personnel are part of an organized construction crew). All shirts, vests or jackets worn at night must be reflective. All persons working within City right-of-way or on City property shall wear hard hats. Should Contractor or subcontractor personnel be found working without required reflective clothing and hard hats, the General Contractor will be assessed $100 for each individual occurrence. 600-2 VEHICULAR ACCESS.

Section 600-2 of the Standard Specifications is supplemented by the following:

Temporary Access to Private Property
The Contractor shall make such necessary arrangements and provide temporary access during the construction period as may be required by the owners. Should any owner or tenant contact the City to register a complaint about inadequate access, the Engineer will immediately notify the Contractor to contact the offended owner or tenant to remedy the situation to the satisfaction of the owner or tenant. If the Engineer determines that the Contractor has not satisfactorily remedied the access problem within four (4) hours of notification by the Engineer, the Contractor shall be subject to a $250.00 fine. The Contractor shall be subject to an additional $250.00 fine for every four (4) working hour period following the first four (4) hour period, until the Contractor has remedied the access problem to the satisfaction of the owner or tenant, or until the Engineer has determined that the Contractor has made a reasonable effort.

VER. 020723 C-29 PWCP 24-013

SECTION 601 – TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND

MAINTENANCE WORK ZONES
601-1 GENERAL.

Section 601-1 of the Standard Specifications is supplemented by the following:

Parking Control
The Contractor shall inform the residents and businesses of the intended work and the scheduled dates and locations of the "TEMPORARY NO PARKING" areas within 72 hours of commencing work. Notification shall be in form of door hangers delivered to each individual address. The "TEMPORARY NO PARKING" notices will be placed at least 24 hours, but not more than 48 hours, in advance of the work. The notices shall be placed no more than 100' apart (unless otherwise specified by the Engineer) on each side of the street. All notices shall be removed upon completion of work. Notice shall not be placed on power or telephone poles at any time during construction.

VER. 020723 C-30 PWCP 24-013
DRAFT MADDY ACT 2023

NOTICE TO THE PUBLIC: In compliance with the requirements of the Maddy Act, Government Code 54970, the following appointment list is posted on an annual basis by December 31 st.

The list shows current appointed members of regular, ongoing boards, commissions and committees appointed by the Mayor/City Council.

LANCASTER HOUSING AUTHORITY
Qualifications: None specified

APPOINTEE APPOINTED TERM EXPIRES
Marvin Crist 6-26-18 until successor appointed
Cassandra Harvey 6-26-18 until successor appointed
Raj Malhi 6-26-18 until successor appointed
Ken Mann 6-26-18 until successor appointed
Kitty Szeto 6-26-18 until successor appointed

PLANNING COMMISSION
Qualifications: must be a resident of Lancaster. Commissioners’ term shall be concurrent with the term of the appointing mayor and shall be automatically extended in the event the appointing mayor is re-elected as mayor.

APPOINTEE APPOINTED TERM EXPIRES
Devin Birden 08-23-22 04-16-2024
Steven Derryberry 08-23-22 04-16-2024
Cassandra Harvey 12-10-20 04-16-2024
King Moore 12-10-20 04-16-2024
Daniel Tufts 02-25-20 04-16-2024
Leslie Underwood 05-24-22 04-16-2024
DRAFT MADDY ACT 2023

James Vose 12-10-20 04-16-2024

CRIMINAL JUSTICE COMMISSION
Qualifications: shall be a resident of the City of Lancaster or a resident of the Antelope Valley who works within the city limits of the City of Lancaster. Commissioners’ term shall be one (1) year commencing on January 1 of each year and ending on the following December 31. Notwithstanding said term, a commissioner shall serve until a successor has been appointed.

APPOINTEE APPOINTED TERM EXPIRES
Mark Brown 12-13-22 12-31-23 (or until successor is appointed) Howard Harris 12-13-22 12-31-23 (or until successor is appointed) Jin Jur 12-13-22 12-31-23 (or until successor is appointed) Jeff Little 12-13-22 12-31-23 (or until successor is appointed) Nicole McCracken 08-23-22 12-31-23 (or until successor is appointed) Andrew Mercy 12-13-22 12-31-23 (or until successor is appointed) Rutger Parris 08-23-22 12-31-23 (or until successor is appointed)

SOCIAL EQUITY COMMISSION
Qualifications: Must be a resident of the City of Lancaster or a resident of the Antelope Valley and work within Lancaster city limits. Each commissioner shall serve a term of one (1) year

APPOINTEE APPOINTED TERM EXPIRES
VACANCY (1)
Lloyri Carter 12-13-22 12-31-23(or until successor is appointed) Karen Davis 12-13-22 12-31-23(or until successor is appointed) Christopher DeLoach 12-13-22 12-31-23(or until successor is appointed) Giovanni Pope 12-13-22 12-31-23(or until successor is appointed) Frank Ramos 12-13-22 12-31-23(or until successor is appointed) Jennifer Sanchez 12-13-23 12-31-2023(or until successor is appointed) DRAFT MADDY ACT 2023

MEASURE LC OVERSIGHT COMMITTEE
Qualifications: Must be 18 years of age. Must be a resident of the City of Lancaster or a resident of the Antelope Valley and work within Lancaster city limits. Each commissioner shall serve a term of one (1) year
Appointee Appointed Term Expires
Devin Birden 12-13-22 12-31-23(or until successor is appointed) Steven Derryberry 12-13-22 12-31-23(or until successor is appointed) Cassandra Harvey 12-13-22 12-31-23(or until successor is appointed) James Vose 12-13-22 12-31-23(or until successor is appointed) Geoff Yeager 12-13-22 12-31-23(or until successor is appointed) DEPUTY MAYOR - Qualifications: None specified
Appointee Appointed Term Expires
Shawn Cannon 5-3-22 not specified
Cassandra Harvey 12-11-12 not specified
Dr. Lawrence Stock* 2-12-20 not specified
Dr. Jin Truong* 2-12-20 not specified
Roscio Castellanos 10-24-23 Not specified
AUDIT REPRESENTATIVE - Qualifications: must be current Mayor/City Council member Appointee Appointed Term Expires
Vacant Not specified
MOSQUITO ABATEMENT BOARD-Qualifications: must be a resident of the district Appointee Appointed Term Expires
Tierney Smith 1-22-19 Not specified
ANTELOPE VALLEY FAIR AUTHORITY-Qualifications: none specified. Chairperson and Vice- Chairperson shall be for 2 years and until a successor is eleted. Diretor seres term of one(1) year and until a successor is elected
Appointee Appointed Term Expires
Marvin Crist 12-14-21 12-31-23 (until successor is elected) Rob Parris 12-14-21 12-31-22 (until successor is elected) DRAFT MADDY ACT 2023

ANTELOPE VALLEY AIR QUALITY MANAGEMENT DISTRICT – Qualifications: must be current Mayor/City Council Member. Any council member may serve as an alternate.

Appointee Appointed Term Expires
Marvin Crist 6-26-18 Indefinite
Ken Mann 6-26-18 Indefinite
ANTELOPE VALLEY TRANSIT AUTHORITY BOARD OF DIRECTORS - Qualifications: 2 Directors from the City Council, 1 alternate need not be City Council Member (serves at the pleasure of appointing authority-or until term of office terminates)
Appointee Appointed Term Expires
Marvin Crist 1-14-20 Until Successor is appointed
Raj Malhi 1-14-20 Until Successor is appointed
COUNTY SANITATION DISTRICTS OF LOS ANGELES COUNTY, BOARD OF DIRECTORS FOR DISTRICT NO. 14 - Qualifications: must be current Mayor - City Council member can be appointed as an alternate Appointee Appointed Term Expires
R. Rex Parris 4-10-12 4-09-24
Marvin Crist 02-12-19 4-09-24
Ken Mann (alternate) 6-12-12 4-09-24
EDWARDS AIR FORCE BASE RESTORATION ADVISORY BOARD – Qualifications: None specified Appointee Appointed Term Expires
Lauren Hughes-Leslie 10-10-23 unspecified
Raj Malhi 1-14-20 unspecified
NORTH COUNTY TRANSPORTATION COALITION - Qualifications: Council Member, 1 representative appointed by the City Council from a business of community organization, and a representative at large appointed by the City Council
Appointee Appointed Term Expires
Trolis Niebla (Asst. City Manager) 1-11-22 unspecified
Marvin Crist 6-26-18 unspecified
Ken Mann 6-26-18 Unspecified
HIGH DESSERT CORRIDOR – Qualifications: None specified
Appointee Appointed Term Expires
Lauren Hughes-Leslie 10-10-23 10-10-24
Vacancy for Alternate
PRISON CITIZENS ADVISORY COMMITTEE – Qualifications: None specified Appointee Appointed Term Expires
Lauren Hughes-Leslie 10-10-23 10-10-25(until a successor is appointed) Raj Malhi 1-14-20 1-14-22
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS - Qualifications: one official representative and one alternate
Appointee Appointed Term Expires
DRAFT MADDY ACT 2023

Ken Mann 1-24-2023
SOUTHERN CALIFORNIA REGIONAL AIRPORT AUTHORITY - Qualifications: must be current elected official
Appointee Appointed Term Expires
Raj Malhi 6-26-18 Indefinite
CALIFORNIA CONTRACT CITIES ASSOCIATION - Qualifications: shall be the Mayor or a Councilmember of said member city
Appointee Appointed Term Expires
Raj Malhi (named alternate) 6-26-18 Until replaced by City Council Vacant
VISITORS BUREAU OF LANCASTER - Qualifications: Shall be a member of the City Council and a professional staff member with the City of Lancaster
Appointee Appointed Term Expires
Ken Mann 6-26-18 6-26-23
Sydney Yeseta (per Mark 7-6-18) 7-6-18 7-6-23

Lancaster City CouncilDecember 12, 2023

Lancaster City Council
December 12, 2023