State law requires each city to adopt a General Plan to guide land use and development. Among the various elements of the General Plan is the Housing Element. The application incorporates the housing allocation for the City of Palmdale as determined under the Southern California Association of Government’s Regional Housing Needs Assessment by ensuring sufficient capacity to accommodate 6,640 new housing units, including 1,777 very low -income units, 935 low -income units, 1,004 moderate income unit s, and 2,9 24 above moderate income units, during the 2021-2029 planning period. The proposed application is required by State Law and therefore meets this finding.
(b) The amendment is suitable and beneficial for the uses permitted within the associated zone districts.
The Application incorporates the housing allocation for the City of Palmdale as determined under the Southern California Association of Government Regional Housing Needs Assessment. It is required that each city adopt land use plans and regulations th at create sufficient opportunities for residential development to accommodate its assigned share of the statewide housing needs. The Application as proposed is suitable and beneficial for the uses permitted within the associated zone districts because res idential development is permitted within associated residential zones.
SECTION 3. The City Council hereby finds as follows with respect to the environmental documentation:
(a) Pursuant to the California Environmental Quality Act (CEQA) Guidelines, an Init ial Study was prepared for the project in conjunction with the 5th cycle of the Housing Element and on September 5, 2012, the Planning Commission adopted an Environmental Impact Report (EIR 11 -01) (State Clearing House No. 2012011007). The EIR identified p otential significant impacts with respect to: Public Health and Safety, Land Use, Population, Housing, Geology, Hydrology, Biology, Aesthetics and Light and Glare, Archaeology, and Paleontology. A Statement of Overriding Consideration was approved in conj unction with the original approval. Staff has reviewed the EIR to determine whether the project triggered any of the conditions described in Sections 15162, 15163, or 15164 of the California Environmental Quality Act (CEQA) guidelines . The application doe s not propose significant revisions to the project, there are no significant changes in circumstances and there is no new information of substantial Resolution No. CC 2022-011
importance that will involve new significant environmental effects or increase the severity of previously i dentified significant effects. As such, an addendum to the EIR has been prepared in accordance with CEQA Guidelines Section 15164 and has identified that there are no new or additional significant impacts that were not already addressed by the EIR.
The Pl anning Commission has considered the addendum (Exhibit I) prepared in conjunction with this approval and recommends that the City Council determine that the addendum is appropriate since none of requirements for preparation of a supplemental or subsequent EIR as specified within CEQA Guidelines Section 15162 of 15163 apply to the proposed project.
(b) The custodian of records for the Addendum, and all other materials which constitute the record of proceedings upon which the City Council ’s decision is based, is the Planning Manager of the City of Palmdale. These documents are available for public review in the Planning Division of the City of Palmdale located at 38250 Sierra Highway, Palmdale, California 93550, telephone (661) 267-5200.
Resolution No. CC 2022-011
SECTION 4. Based on the findings and conclusions set forth in the above Sections, and based on all other evidence in the record, the City Council hereby approves General Plan Amendment 21-004.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 12th day of January, 2022. _________________________________
Approved as to form: Steven D. Hofbauer, Mayor
ATTEST:
___________________________ _________________________________ Christopher Beck, City Attorney Shanae S. Smith, City Clerk I, Shanae S. Smith, City Clerk of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 12th day of January, 2022 by the following roll call vote:
AYES:
NOES:
ABSTAIN: ABSENT:
Date:
Shanae S. Smith, City Clerk
ATTACHMENT
Exhibit 1. Addendum to 2006-2014 Housing Element
EXHIBIT 1
33 City Council Staff Report
DATE: JANUARY 12, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY ATTORNEY’S OFFICE
DISTRICT: ALL
SUBJECT: DISCUSS POTENTIAL AMENDMENTS TO THE PALMDALE
MUNICIPAL CODE (CHAPTER 8, ET SEQ.) REGARDING
REGULATION OF SMOKING IN THE CITY OF PALMDALE
ISSUE
Should the City Council direct staff to amend the Palmdale Municipal Code regarding the regulation of smoking in the City of Palmdale?
RECOMMENDATION
Staff recommends that the City Council discuss the matter and provide direction to staff.
BACKGROUND
In 1993, by City of Palmdale Ordinance No. 1024, the City of Palmdale established smoking regulations in the Cit y. The Palmdale Municipal Code general smoking regulations were last updated in 2014.
DISCUSSION
Proposals have been submitted to City Staff by local advocacy groups seeking amendments to the Palmdale Municipal Code and the regulation of smoking in the City.
Specifically, the recommendations are to modify the code as follows:
8.34.030 Definitions.
Original: “Smoking” means the inhaling, exhaling, burning or carrying of any lighted pipe, cigar, cigarette, weed, plant or other combustible substances in any manner or in any form. Smoking includes the use of an electronic cigarette or any other electronic and/or battery-operated device used to deliver an inhaled dose of nicotine or other substance.
Recommended: “Smoking” means the inhaling, exhaling, burning or carrying of any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, cannabis, hookah, electronic smoking device, or any other combustible substance in any manner or in any form.
Report to Mayor and City Council
Re: Palmdale Smoking Ordinance
January 12, 2022
Smoking includes the use of an electronic cigarette or any other electronic and/or battery-operated device used to deliver an inhaled dose of nicotine or other substance.
Recommended Additions to 8.34.030 ‘Definitions’
Non-enclosed area: “Non-enclosed” means a predominantly outdoor area that does not meet the definition of “enclosed,” including but not limited to patios, outdoor dining areas, and outdoor service areas
Outdoor public service areas: “Outdoor public service area” means any non-enclosed area where one or more persons wait for or receive goods or services of any kind, lines or waiting areas for ATM machines, information kiosks, banks, restaurants and other food service, tickets, and admission to a theater or event; waiting areas at car washes and vehicle service establishments; and including streets and sidewalks, that is designed to be used or is regularly used by one or more persons to receive a service, wait to receive a service.
Outdoor Dining Area: “Outdoor Dining Area” means any publicly or privately owned outdoor area, including streets and sidewalks, that is available to or customarily used by the general public or an employee, and that is designed, established, or regularly used for consuming food or drink.
Sidewalks: any public or private sidewalk within the city.
Golf Courses: Include this under recreational areas. Smoking is prohibited at the Golf Course driving range, in dining areas and service areas; and within 35 (thirty-five) feet of any building doorway or window.
Outdoor Worksites: any area under the legal or de facto control of an employer that an employee or the general public may enter in the normal course of operations, but regardless of the hours of operation, including, for example, indoor and outdoor work areas, construction sites, vehicles used in employment or for business purposes, rideshare services, employee lounges, conference and banquet rooms, bingo and gaming facilities, long-term health facilities, warehouses, and any private residences subject to state licensing requirements that are used as child-care or health-care facilities.
8.34.040 City-owned, leased or operated facilities
Original: Sec. (C) Notwithstanding the provisions of subsection (B) of this section, smoking shall be prohibited, except in those areas designated as smoking areas, at the following facilities:
(1) Palmdale Amphitheater;
(2) Palmdale Transportation Center; and
(3) Larry Chimbole Cultural Center.
Report to Mayor and City Council
Re: Palmdale Smoking Ordinance
January 12, 2022
Recommended to include:
(4) Drytown Water Park
(5) Palmdale Play House
(6) Palmdale City Libraries
8.34.050 Regulation of smoking in enclosed public places Original: (A) Smoking shall be prohibited in all enclosed public places located within the City during the time such places are open for use by the general public, including but not limited to the following:
(1) Modes of public transportation such as buses and taxicabs. This shall also include ticket, boarding and waiting areas of public transportation depots; provided, however, that this prohibition does not prevent:
(a) The establishment of two separate waiting areas for smokers and nonsmokers; or
(b) The establishment of a maximum of 25 percent of a single waiting area as a smoking area
(2) Public Restrooms
(3) Service or waiting lines areas
Recommended: 8.34.050 Regulation of smoking in enclosed and non-enclosed public places
(A) Smoking shall be prohibited in all enclosed and non-enclosed public places located within the City, including but not limited to the following:
(1) Modes of public transportation such as buses, train, and rideshare. This shall also include ticket, boarding and waiting areas of public transportation depots. (3) Public Service areas
Recommended to also include:
(16) Private and public golf course
(17) Sidewalks
(18) Doorways and windows of public buildings; no smoking within 35 (thirty-five) feet
(19) Outdoor dining areas and restaurants
(20) Outdoor worksites
8.34.060 Regulation of smoking in places of employment.
Original: (A) All employers shall adopt a written smoking policy and make it available to all current and prospective employees within 90 days of the effective date of this chapter. This policy shall include the treatment of private offices occupied exclusively by smokers and shall require the posting of appropriately sized “no smoking” signs where applicable. It shall be the responsibility of employers to provide smoke free areas for nonsmokers within facilities to the extent reasonably possible, but employers are not required to incur any expense to make structural or other physical modifications in providing such areas…
Report to Mayor and City Council
Re: Palmdale Smoking Ordinance
January 12, 2022
Recommended Addition: “Place of employment” means any area under the legal or de facto control of an employer that an employee or the general public may enter in the normal course of operations, but regardless of the hours of operation, including, for example, indoor and outdoor work areas, construction sites, vehicles used in employment or for business purposes, rideshare services, employee lounges, conference and banquet rooms, bingo and gaming facilities, long-term health facilities, warehouses, and any private residences subject to state licensing requirements that are used as child-care or health-care facilities.
FISCAL IMPACT
De minimis/limited. It is anticipated that the City of Palmdale will have access to additional funding sources if they pass an Ordinance substantially similar to those proposed above.
Staff has identified a nearly $3,000 grant available to the City of Palmdale for signs regulating smoking within the City.
STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.
C. Plan and maintain safe and attractive neighborhoods, streets, facilities, and public spaces with exciting programming that promotes active fun for everyone.
Prepared by: Christopher Beck, City Attorney
Certified as to availability of Funds: Keith Kang, Finance Manager Approved by: Ronda Perez, Acting City Manager
Approved as to form: Christopher Beck, City Attorney
ATTACHMENTS
None.
CITY OF PALMDALE
OFFICE OF THE CITY COUNCIL
M E M O R A N D U M
TO: City Clerk
FROM: Laura Bettencourt, Councilmember
SUBJECT: Monthly Informational Report – Events and Meetings DATE: January 12, 2022
During the period December 1, 2021, through December 31, 2021, I attended the following meetings and events:
December 1: Regular Council Meeting
December 4: Antelope Valley Chamber Christmas Parade
December 11: Palmdale School District Winter Parade
December 15: City Council Workshop