Palmdale City Council
March 15, 2023

(6) Flood Zone. A special flood hazard area subject to inundation by the one percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subsection (D)(6) and is otherwise eligible for streamlined approval under this section, the City shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the City that is applicable to that site. A development may be located on a site described in this subsection (D)(6) if either of the following are met:
(a) The site has been subject to a letter of map revision prepared by FEMA and issued to the City; or
(b) The site meets FEMA requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program as further spelled out in Government Code Section 65913.4(a)(6)(G)(ii).
(7) Floodway. A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subsection (D)(7) and is otherwise eligible for streamlined approval under this section, the City shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the City that is applicable to that site.
(8) Planned for Habitat Conservation. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in Government Code Section 65913.4(a)(6)(I).
(9) Habitat for Protected Species. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

Exhibit I
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(10) Conservation Easement. Lands under a conservation easement. (E) Prohibitions. The proposed lot split shall not:
(1) Affordable Housing. Require demolition or alteration of any housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(2) Rental Units. Require demolition or alteration of any housing that has been occupied by a tenant in the last three years.
(3) Two Units. Create more than two units on a parcel, including any accessory dwelling units or junior accessory dwelling units. (Ord. U-1575 § 1, 2021)

16.03.060 Urban lot split – Standards and requirements.

An urban lot split pursuant to PMC 16.03.050 shall comply with the following requirements:
(A) Map Compliance. The lot split shall conform to all applicable objective requirements of the Subdivision Map Act and this title, except as modified by this section. (B) Easements. The applicant shall provide easements for the provision of public services and facilities as required. The City shall not require dedications of rights-of-way or the construction of off-site improvements for the parcels being created as a condition of issuing a parcel map.
(C) Street Access. All lots shall have existing access, provide new access, or adjoin the public right-of-way. Access drives shall have a minimum width of 10 feet. (D) The City may deny the lot split if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (Ord. U-1575 § 2, 2021)

16.03.070 Urban lot split – Exceptions.

No urban lot split shall be approved if either of the following apply:

Exhibit I
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(A) The parcel in question contains any parcel which has been established pursuant to a previous urban lot split in accordance with PMC 16.03.050; or (B) Any parcel where the owner of the parcel being subdivided or any person acting in concert with the owner has previously subdivided an adjacent parcel pursuant to PMC

16.03.050. For purposes of this section, it shall be assumed that where a lot owner purchased the property from an adjacent owner who subdivided their property pursuant to this title within five years of the lot split, the owner is acting in concert with the prior owner of the adjacent lot. (Ord. U-1575 § 3, 2021)
Replaced Chapter 16.03

16.03.010 Purpose
The purpose of this Chapter is to provide objective subdivision standards for Two-Unit Developments and Urban Lot Splits within single-family residential zones, to implement the provisions of State law as reflected in Government Code Section 66411.7 et seq., to facilitate the development of new residential housing units consistent with the City’s General Plan, and ensure sound standards of public health and safety.

16.03.020 Approval Process
The City shall ministerially approve a parcel map for the split of a single-family residential lot into two parcels if the following requirements are met, in addition to the requirements of PMC Section 16.03.030 (Standards and Requirements).

A. Zoned Single-Family. The property is located within single-family residential zones (ER, LDR, SFR1, SFR2, and SFR3) except as noted in PMC Section 16.03.020.B (Not on Prohibited Land) below.

B. Not on Prohibited Land. The property shall not be located in any of the following areas and shall not fall within any of the following categories:

1. Historic. An historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a City ordinance.

2. Farmland. Prime farmland or farmland of statewide importance as further defined in Government Code section 65913.4(a)(6)(B).

3. Wetlands. Wetlands as defined in the Unites States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

Exhibit I
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4. Fire Zone. A very high fire hazard severity zone as further defined in Government Code Section 65913.4(a)(6)(D). This shall not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Government Code Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

5. Hazardous Waste Site. A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed- use.

6. Flood Zone. A special flood hazard area subject to inundation by the one percent annual chance flood (100-yearflood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable Federal qualifying criteria in order to provide that the site satisfies this Section and is otherwise eligible for streamlined approval under this section, the City shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the City that is applicable to that site. A development may be located on a site described in this Section if either of the following are met:
a. The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the City; or,
b. The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code Section 65913.4(a)(6)(G)(ii).

7. Floodway. A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable Federal qualifying criteria in order to provide that the site satisfies this Section and is otherwise eligible for streamlined approval under this Section, the City shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the City that is applicable to that site.

Exhibit I
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8. Planned for Habitat Conservation. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in Government Code Section 65913.4(a)(6)(I).

9. Habitat for Protected Species. Habitat for protected species identified as candidate, sensitive, or species of special status by State or Federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C.

Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

10. Conservation Easement. Lands under a conservation easement.

C. Prohibitions. The proposed lot split shall not require demolition or alteration of any of the following types of housing:

1. Affordable Housing. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate-, low-, or very low income.

2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

3. Rental Units. Housing that has been occupied by a tenant in the last three years.

4. Ellis Act Housing. A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

5. The parcel being subdivided was not created by an Urban Lot Split as provided in this Chapter.

D. Two Parcels Maximum. The parcel map divides an existing parcel to create no more than two new parcels of approximately equal lot area, provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel.

Exhibit I
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E. Minimum Lot Size. Lots at Least 1,200 square feet. Both newly created parcels shall be no smaller than 1,200 square feet.

F. Adjacent Parcels. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an Urban Lot Split as provided in this Chapter. For purposes of this section, it shall be assumed that where a lot owner purchased the property from an adjacent owner who subdivided their property pursuant to this Chapter within five years of the lot split, the owner is acting in concert with the prior owner of the adjacent lot.

G. Two Units per Parcel. A maximum of no more than two units on a parcel, including any accessory dwelling units or junior accessory dwelling units, or as otherwise allowed pursuant to a density bonus.

H. Objective Standards. Comply with all objective subdivision standards in this Chapter, and objective zoning and design standards in PMC Title 17 Zoning, Division 3 (Residential Zones).

16.03.030 Standards and Requirements
An Urban Lot Split pursuant to PMC Section 16.03.020 (Approval Process) shall comply with the following requirements:

A. Map Compliance. The lot split shall conform to all applicable objective requirements of the Subdivision Map Act and PMC Title 16 (Subdivisions), except as modified by this Section.

B. Easements. The applicant shall provide easements for the provision of public services and facilities as required. The City shall not require dedications of rights-of-way or the construction of off-site improvements for the parcels being created as a condition of issuing a parcel map.

C. Street Access. All lots shall have existing access, provide new access, or adjoin the public right-of-way. Access drives shall have a minimum width of 12 feet.

16.03.040 Specific Adverse Impacts
In addition to the criteria listed in this Chapter, the City may deny the lot split if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon the public health and safety or the physical environment and for which there is no feasible method to Exhibit I
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satisfactorily mitigate or avoid the specific, adverse impact. A “specific adverse impact” is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with PMC Title 17 (Zoning) or the General Plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.

16.03.050 Recorded Covenant
A. Prior to the approval and recordation of the parcel map, the applicant shall record a restrictive covenant and agreement in the form prescribed by the City Attorney, which shall run with the land and provide for the following:

1. A prohibition against further subdivision of the parcel using the Urban Lot Split procedures as provided for in this Chapter;

2. A limitation restricting the property to residential uses only; and,

3. A requirement that any dwelling units on the property may be rented or leased only for a period longer than 30 days.

B. The City Manager or designee is authorized to enter into the covenant and agreement on behalf of the City and to deliver any approvals or consents required by the covenant.

16.03.060 Enforcement
A. The City Attorney shall be authorized to abate violations of this Chapter and to enforce the provisions of this Chapter and all implementing agreements and affidavits by civil action, injunctive relief, and any other proceeding or method permitted by law. Remedies provided for in this Chapter shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity.

Exhibit I
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Title 12 (Streets, Sidewalks, and Public Places)
New Chapter 12.34 (previously PMC Section 17.95.050)

12.34.010 17.95.050.010 Purpose and Intent
The purpose and intent of this Division is to provide a uniform and comprehensive set of regulations and standards for the permitting, development, siting, installation, aesthetics, design, operation and maintenance of wireless telecommunications facilities in the City’s public right-of-way. These regulations are intended to establish and enforce aesthetic standards consistent with the City’s authority to do so under Article XI, Section 7 of the California Constitution and Public Utilities Code, Sections 7901 and 7901.1. This Section is also intended to prescribe clear and reasonable criteria to assess and process applications in a consistent and expeditious manner, while reducing the impacts associated with wireless telecommunications facilities. This Division provides standards necessary (A) for the preservation of the public right-of-way in the City for the maximum benefit and use of the public, (B) to promote and protect public health and safety, community welfare, visual resources and the aesthetic quality of the City consistent with the goals, objectives and policies of the General Plan, and (C) to provide for the orderly, managed and efficient development of wireless telecommunications facilities in accordance with the State and Federal laws, rules and regulations.

12.34.020 17.95.050.020 Definitions
Refer to Chapter 17.16 PMC.

12.34.030 17.95.050.030 Applicability
A. Applicability. This Division applies to the siting, construction or modification of any and all wireless telecommunications facilities proposed to be located in the public right- of-way as follows:

1. All facilities for which applications were not approved prior to May 6, 2021, shall be subject to and comply with all provisions of this Division.

2. All facilities for which applications were approved by the City prior to May 6, 2021, shall not be required to obtain a new or amended permit until such time as a provision of this Code so requires. Any communication facility that was lawfully constructed prior to May 6, 2021, that does not comply with the standards, regulations and/or requirements of this Division shall be deemed a nonconforming use.

3. All facilities, notwithstanding the date approved, shall be subject immediately to the provisions of this Division governing the operation and maintenance (PMC 12.34.130 Exhibit I
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17.95.050.130, Operation and Maintenance Standards), cessation of use and abandonment (PMC 12.34.170 17.95.050.170, Cessation of Use or Abandonment), removal and restoration (PMC 12.34.180 17.95.050.180, Removal and Restoration – Permit Expiration, Revocation or Abandonment) of wireless telecommunications facilities and the prohibition of dangerous conditions or obstructions by such facilities (PMC

12.34.150 17.95.050.150, No Dangerous Condition or Obstructions Allowed); provided, however, that if a condition of approval conflicts with a provision of this Division, the condition of approval shall control until the permit is amended or revoked.

B. Exclusions. This Division does not apply to the following:

1. Amateur radio facilities;

2. Over the air reception devices (“OTARD”) antennas;

3. Facilities owned and operated by the City for its use;

4. Any entity legally entitled to an exemption pursuant to State or Federal law or City- issued franchise agreement.

12.34.040 17.95.050.040 Communication Facility Permit Requirements (Discretionary and Ministerial)
A. General Rule – Major Wireless Telecommunications Facilities Permit Required. All new wireless facilities or collocations or modifications to existing wireless facilities shall require a major wireless telecommunications facilities permit subject to Planning Commission approval unless otherwise provided for in this Division.

B. Discretionary Administrative Wireless Telecommunications Facilities Permit.

1. Discretionary Permit. The Director may issue a discretionary administrative wireless telecommunications facilities permit for new small wireless facilities or collocations or modifications to existing small wireless facilities which meet all the following criteria:
a. The proposal complies with PMC 12.34.200 17.95.050.200, Location and Structure Preference;
b. The proposal complies with PMC 12.34.205 17.95.050.205, Setback Requirements; c. The proposal complies with all applicable provisions in this Division without need for an exception pursuant to PMC 12.34.190 17.95.050.190, Exceptions; Exhibit I
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d. The Director makes the findings required by PMC 12.34.090 17.95.050.090, Findings for Discretionary Permits; and
e. The facility would have qualified for a ministerial wireless telecommunications facilities permit but for the design of the facility itself.

2. Referral to Commission. The Director may, in the Director’s discretion, refer any application for a discretionary administrative wireless telecommunications facilities permit to the Planning Commission for approval, which approval shall be granted if the commission makes the findings required in PMC 12.34.090 17.95.050.090.

C. Ministerial Wireless Telecommunications Facilities Permit. Notwithstanding PMC

12.34.220 17.95.050.220, State or Federal Law – Ministerial Requirements, the Director shall approve a ministerial wireless telecommunications permit for a small wireless facility if all of the following apply:

1. The facility will comply with all applicable laws including, but not limited to:
a. The Americans with Disabilities Act;
b. All building and safety requirements, including those within the California Building Standards Code, as amended by the City of Palmdale;
c. All requirements of the Federal Communications Commission (FCC), including requirements relating to radio-frequency (RF) emissions and limits on interference.

2. The proposed facility is a small wireless facility that will be installed on either:
a. An existing pole that meets all of the following requirements:
i. The pole does not support a traffic control device (i.e., stop signs and traffic signals are prohibited); and
ii. The facility will match the design of the pole to the extent feasible given the weight requirements; and
iii. If feasible, all equipment installed on the pole will be the same color as the pole; or b. A new light pole that meets all of the following requirements:

Exhibit I
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i. The pole meets the City’s design requirements for its own light poles; ii. The pole is at least ninety (90) feet away from any existing light pole; and iii. Unless requested otherwise by the City in writing, the light on the pole will be illuminated, operated, and maintained consistent with the operation of the other light poles in the City, and the full costs of illumination shall be fully borne by the applicant.

3. The City has issued all required encroachment permits and entered into any required franchise agreement(s).

4. All accessory equipment is housed in a container which is either (a) installed underground; or (b) attached to the pole such that it does not protrude from the pole by more than twenty-two (22) inches; is attached more than ten (10) feet above the ground; and is camouflaged to the extent feasible; or (c) otherwise limits the aesthetic impact of such accessory equipment in a manner approved by the Director.

5. Antennas must be:
a. Mounted symmetrically on top of the pole;
b. No more than four (4) inches wider in diameter than the top of the pole; c. The same color as the pole; and
d. The same shape as the pole (which shape is typically cylindrical).

6. The small wireless facility complies with PMC 12.34.200 17.95.050.200 (Location and Structure Preference).

7. The small wireless facility complies with PMC 12.34.205 17.95.050.205 (Setback Requirements).

D. Eligible Facilities Requests. No wireless telecommunications permit is required for any modification of an existing wireless tower or base station for the collocation of new transmission equipment or removal or replacement of existing transmission equipment if such modification does not substantially change the physical dimensions of such tower or base station from the dimensions approved as part of the original discretionary permit for the tower or base station. If, however, any modification to a wireless tower or base Exhibit I
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station will substantially change the physical dimensions of either the tower or base station, and any other modification to a wireless telecommunications facility that does not qualify as a wireless tower or base station shall obtain any required wireless telecommunications permit. All terms used in this subsection D shall have the same meaning as defined in 14 U.S.C. 1455 and any related Federal regulations as they may be amended from time to time.

1. Other Permits Still Required. Notwithstanding the foregoing, any eligible facilities request must obtain any other required permit(s) (e.g., encroachment permit, building permit). Encroachment permits for any eligible facility shall not be issued unless the applicant provides all application materials required by the Director in addition to the information listed in PMC 12.34.050(B)(1) 17.95.050.050(B)(1) (“Contact Information”), (2) (“Owner Authorization”), (3) (“Engineering Plans”), and (7) (“Proof of RF Emission Compliance”).

2. Application. Each request for an exemption submitted under this subsection D shall be accompanied by:
a. Application Form. A complete, duly executed eligible facilities exemption request application on the then-current form prepared by the Director. b. Application Fee. The applicable eligible facilities exemption request application fee established by City Council resolution. Batched applications must include the applicable eligible facilities exemption request application fee for each wireless facility in the batch.

If no application fee has been established, then the applicant shall provide to the City deposit against which the City will charge its actual and reasonable costs incurred in connection with the application; if the deposit amount is insufficient, applicant shall provide all additional required funds; if the deposit amount is in excess of the City’s actual and reasonable costs, the City shall refund the difference. c. Description. A detailed description of the proposed modification to the existing facilities.
d. Visual Depictions. A photograph, description, and as-built plans of the wireless tower and/or base station as originally constructed, and a photo-simulation, description and construction drawings of the wireless tower and/or base station after modification, showing all relevant dimensions.

3. Encroachment Permits. Any encroachment permit issued for a facility determined to be an eligible facility under this subsection D will be subject to all conditions required by Exhibit I
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the Director. Additionally, such encroachment permit shall include all standard conditions for wireless telecommunications facilities (see PMC 12.34.080 17.95.050.080 (Conditions of Approval)).
a. The granting of an eligible facilities request shall not extend the remaining term for the underlying wireless telecommunications facility described in PMC 12.34.160

17.95.050.160 (Permit Expiration).
b. Notwithstanding PMC 12.34.070(R) 17.95.050.070(R) (One Year to Build), the encroachment permit build-out period will automatically expire six (6) months after the approval date unless the permittee commences construction within that period, and diligently pursues construction thereafter.
c. In addition to the ability to revoke the permit pursuant to PMC 12.34.180

17.95.050.180 (Removal and Restoration – Permit Expiration, Revocation or Abandonment), the encroachment permit may be revoked in accordance with its conditions or other provisions of the Code applicable to encroachment permits.

E. Master Deployment Plan Permit.

1. Notwithstanding any other provision of the Municipal Code to the contrary, any applicant that seeks approval for five (5) or more wireless telecommunications facilities in the right-of-way (including new facilities and collocations to existing facilities) may elect to submit an application for a master deployment plan permit subject to Planning Commission approval. Any master deployment plan shall expire thirty-six (36) months after the effective date of the approval unless the Planning Commission establishes a shorter time period. The proposed facilities in a master deployment plan shall be reviewed together at the same time and shall be otherwise subject to the same requirements and procedures applicable to a major communication facility permit. Only facilities in the right- of-way may be covered by a master deployment plan.

2. A master deployment plan permit shall be deemed an approval for all wireless telecommunications facilities within the plan; provided, however, that an individual encroachment permit shall be required for each communication facility built pursuant to the plan.

3. Each facility proposed to be constructed pursuant to a master deployment plan permit shall be built in strict compliance with the approved plan. Any deviations or alterations from the approved master deployment plan for an individual communication facility shall be considered as though no master deployment plan permit had been issued and shall Exhibit I
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require either a major wireless telecommunications facilities permit or an administrative wireless telecommunications facilities permit, as applicable.

4. An applicant that proposes to amend a master deployment plan permit shall apply to the City and follow the same procedures as would otherwise be required to obtain a new master deployment plan permit.

F. Other Permits Required. In addition to any permit that may be required under this Division, the applicant must obtain all other required prior permits or other approvals from other City departments, or State or Federal agencies. Any permit granted under this Division is subject to the conditions and/or requirements of other required prior permits or other approvals from other City departments, State or Federal agencies.

G. Eligible Applicants. Only applicants who have been granted the right to enter the public right-of-way pursuant to State or Federal law, or who have entered into a franchise agreement with the City permitting them to use the public right-of-way, shall be eligible for a permit to install or modify a communication facility or a communication collocation facility in the public right-of-way.

H. Speculative Equipment Prohibited. The City finds that the practice of “pre-approving” wireless equipment or other improvements that the applicant does not presently intend to install but may wish to install at some undetermined future time does not serve the public’s best interest. The City shall not approve any equipment or other improvements in connection with a communication facility permit when the applicant does not actually and presently intend to install such equipment or construct such improvements.

12.34.050 17.95.050.050 Application for Communication Facility Permit A. Application.

1. In addition to the information required of an applicant for an encroachment permit or any other permit required by this Code, each applicant requesting approval of the installation or modification of a communication facility in the public right-of-way shall fully and completely submit to the City a written application on a form prepared by the Director.

2. No applicant seeking to install wireless antennas shall seek an encroachment permit for fiber or coaxial cable only. Applicants shall simultaneously request fiber installation or other cable installation when seeking to install antennas in the right-of-way.

B. Application Contents – All Permits. The Director shall develop an application form and make it available to applicants upon request. The supplemental application form for Exhibit I
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any new communication facility installation in the public right-of-way (regardless of whether it is ministerial or discretionary) shall require the following information, in addition to any information required by subsection C of this Section (for discretionary permits) and all other information determined necessary by the Director:

1. Contact Information. The name, address, email address, and telephone number of the applicant, owner and the operator of the proposed facility, and the date the application was received by the City.

2. Owner Authorization. If the facility will be located on or in the property of someone other than the owner of the facility (such as a street light pole, utility pole, utility cabinet, vault, or cable conduit), the applicant shall provide a duly executed written authorization from the property owner(s) authorizing the placement of the facility on or in the property owner’s property.

3. Engineering Plans. Detailed engineering plans of the proposed facility and related report prepared by a professional engineer registered in the State documenting the following:
a. Height, diameter and design of the facility, including technical engineering specifications, economic and other pertinent factors governing selection of the proposed design, together with evidence that demonstrates that the proposed facility has been designed to be the least visible equipment within the particular technology the carrier chooses to deploy. A layout plan, section and elevation of the tower structure shall be included.
b. A photograph and model name and number of each piece of equipment included. c. Power output and operating frequency for the proposed antenna. d. Total anticipated capacity of the structure, indicating the number and types of antennas and power and frequency ranges which can be accommodated. e. Sufficient evidence of the structural integrity of the pole or other supporting structure as required by the City.

4. Justification for Facility. Unless the Director waives the requirement, a study which provides all relevant evidence of whether a denial of the proposed facility would materially inhibit the applicant’s provision of personal wireless services in violation of Federal law.

Exhibit I
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5. Environmental. A completed environmental assessment application.

6. Request for Exception. If the applicant requests an exception to the requirements of this Division (in accordance with PMC 12.34.190 17.95.050.190, Exceptions), the applicant shall provide all information and studies necessary for the City to evaluate that request.

7. Proof of RF Emission Compliance. For a facility that is not categorically excluded under the FCC regulations for RF emissions, the applicant shall submit an RF exposure compliance report prepared and certified by an RF engineer acceptable to the City that certifies that the proposed facility, as well as any facilities that contribute to the cumulative exposure in the subject area, will comply with applicable Federal RF exposure standards and exposure limits. The RF report must include the actual frequency and power levels (in watts effective radio power “ERP”) for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site.

8. FAA Documents. Copies of any documents that the applicant is required to file pursuant to Federal Aviation Administration regulations for the facility.

9. Fee. An application fee, and a deposit for a consultant’s review as set forth in subsection F of this Section in an amount set by resolution by the City Council and in accordance with applicable law (e.g., California Government Code Section 50030).

10. RF Exposure Checklist. Completion of the radio frequency (RF) emissions exposure guidelines checklist contained in Appendix A to the Federal Communications Commission’s (FCC) “Local Government Official’s Guide to Transmitting Antenna RF Emission Safety,” as it may be amended from time to time, to determine whether the facility will be “categorically excluded” as that term is used by the FCC.

11. Site Plans. Site plan(s) to scale, specifying and depicting the exact proposed location of the pole, pole diameter, antennas, accessory equipment, access or utility easements, landscaped areas, existing utilities, adjacent land uses, and showing compliance with PMC 12.34.070 17.95.050.070, Design and Development Standards.

Exhibit I
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12. Traffic Control. If an encroachment permit is required, then the encroachment permit procedures shall control whether (or not) a traffic control plan is required. If no encroachment permit is required, then a traffic control plan is required if either (a) the proposed installation is on any street in a nonresidential zone or (b) the applicant seeks to use large equipment (e.g., crane) and the Director decides to require a traffic control plan.

13. Other Information. Any other information and/or studies determined necessary by the Director may be required.

C. Additional Application Contents – Discretionary Permits. In addition to providing all materials required in subsection B of this Section, applications for discretionary permits shall also provide the following:

1. Owner Authorization. If the applicant is an agent, the applicant shall provide a duly executed letter of authorization from the owner of the facility. If the owner will not directly provide wireless telecommunications services, the applicant shall provide a duly executed letter of authorization from the person(s) or entity(ies) that will provide those services.

2. Written Description. A full written description of the proposed facility and its purpose.

3. Mock-Up and Sign. Proof that a temporary mock-up of the facility and sign have been installed at the proposed location for a period of at least thirty (30) calendar days which facility roughly replicates for the public the proposed height and bulk of the proposed structure. If the Director finds the applicant’s cost of complying with this requirement would greatly outweigh the value of such compliance, then the Director may waive the requirement that the applicant install the mock-up (but not the installation of the sign, which still requires an encroachment permit).
a. Applicant shall obtain an encroachment permit before installing a temporary mock- up and a sign, and must remove the temporary mock-up and sign within five (5) calendar days of receiving a written notice to remove from the Director. b. The mock-up and sign shall demonstrate the height and mass of the facility, including all interconnecting cables. The applicant shall not be entitled to install the facility it intends to install permanently. The mock-up may consist of story poles or the like. c. The mock-up shall be accompanied by a sign that displays photo simulations depicting before and after images, including any accessory equipment cabinet, and the telephone number of the Public Works Department.

Exhibit I
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d. The applicant shall be required to follow any other City practices or processes relevant to the installation of a mock-up and sign as may be provided in a publicly accessible form or document.
e. After installation of the mock-up, the applicant shall certify that the mock-up accurately represents the height and width of the proposed installation and has been installed consistent with this Code.

4. Elevations. Scaled elevation plans of proposed poles, antennas, accessory equipment, and related landscaping, and camouflage.

5. Noise Study. A noise study prepared by a qualified acoustic engineer documenting that the level of noise to be emitted by the proposed communication facility will comply with this Code including PMC 12.34.070(O)(2) 17.95.050.070(O)(2). The Director may waive the requirement for a noise study if the Director finds the cost of creating the study would greatly outweigh the value of receipt of such study.

6. Propagation Maps. Upon written request of the applicant, the Director at his or her discretion may waive some or all of the following: a written description identifying the geographic service area for the subject installation including geographic and propagation maps, that identifies the location of the proposed facility in relation to all existing and planned facilities maintained within the City by each of the applicant, operator, and owner, if different entities, as well as the estimated number of potentially affected uses in the geographic service area. Regardless of whether a master deployment plan permit is sought, the applicant shall depict all locations anticipated for new construction and/or modifications to existing facilities, including collocation, within two (2) years of submittal of the application. Longer range conceptual plans for a period of five (5) years shall also be provided, if available.
a. In the event the applicant seeks to install a communication facility to address service coverage concerns, full-color signal propagation maps with objective units of signal strength measurement that show the applicant’s current service coverage levels from all adjacent sites without the proposed site, predicted service coverage levels from all adjacent sites with the proposed site, and predicted service coverage levels from the proposed site without all adjacent sites.
b. If applicant seeks to address service capacity concerns, a written explanation identifying the existing facilities with service capacity issues together with competent evidence to demonstrate the inability of those facilities to meet capacity demands.

Exhibit I
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7. CPCN. Certification that applicant is a telephone corporation or a statement providing the basis for its claimed right to enter the right-of-way. If the applicant has a certificate of public convenience and necessity (CPCN) issued by the California Public Utilities Commission, it shall provide a copy of its CPCN.

8. Visual Depiction. Accurate visual impact analysis showing the maximum silhouette, color and finish palette and proposed camouflage for the facility, including scaled photo simulations from at least three (3) different angles.

D. Application Contents – Modification of Existing Facility. The content of the application form for a modification to an existing facility shall be determined by the Director, and shall include but not be limited to the requirements listed in subsections B and C of this Section unless prohibited by State or Federal law.

E. Effect of State or Federal Law Change. If a subsequent State or Federal law prohibits the collection of any information required by subsection B or C of this Section, the Director is authorized to omit, modify or add to that request from the City’s application form with the written approval of the City Attorney, which approval shall be a public record.

F. Independent Expert. The Director is authorized to retain on behalf of the City an independent, qualified consultant to review any application for a permit for a communication facility. The review is intended to be a review of technical aspects of the proposed communication facility and shall address any or all of the following:

1. Compliance with applicable radio frequency emission standards;

2. Whether any requested exception is necessary to close a significant gap in coverage and is the least intrusive means of doing so;

3. The accuracy and completeness of submissions;

4. Technical demonstration of the unavailability of alternative sites or configurations and/or coverage analysis;

5. The applicability of analysis techniques and methodologies;

6. The validity of conclusions reached or claims made by applicant;

7. The viability of alternative sites and alternative designs; and Exhibit I
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8. Any other specific technical issues identified by the consultant or designated by the City.

The cost of this review shall be paid by the applicant through a deposit pursuant to an adopted fee schedule resolution. No permit shall be issued to any applicant which has not fully reimbursed the City for the consultant’s cost.

12.34.060 17.95.050.060 Review Procedure
A. Pre-submittal Conference. Prior to application submittal, the City strongly encourages all applicants to schedule and attend a pre-submittal conference with Public Works Department staff to receive informal feedback on the proposed location, design and application materials. The pre-submittal conference is intended to identify potential concerns and streamline the formal application review process after submittal. Public Works Department staff will endeavor to provide applicants with an appointment within approximately five (5) business days after receipt of a written request.

B. Application Submittal Appointment. All applications must be submitted to the City at a pre-scheduled appointment. Applicants may submit one (1) application per appointment but may schedule successive appointments for multiple applications whenever feasible as determined by the City. City staff will endeavor to provide applicants with an appointment within five (5) business days after receipt of a written request.

C. Notice and Decisions. The provisions in this Section describe the procedures for approval and any required notice and public hearings for an application.

1. When Hearings Required.
a. Discretionary Decisions. Any permit application under this Division subject to Planning Commission or the Director’s discretionary approval requires notice and a public hearing in accordance with PMC 17.20.020, Notification Procedures. b. Ministerial Decisions. The Director may approve or conditionally approve an application for a ministerial application without a public hearing and without issuing prior notice of the decision. For denials see subsection (C)(3) of this Section.

2. Notice of Decisions.

Exhibit I
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a. Planning Commission Decision of Approval. The Planning Commission may approve, or conditionally approve, an application only after the commission makes the findings required in PMC 12.34.090 17.95.050.090, Findings for Discretionary Permits. b. Administrative Approvals. The Director may approve, or conditionally approve, an application only after it makes the findings required in PMC 12.34.090 17.95.050.090, Findings for Discretionary Permits. Within five (5) days after the Director approves an application under this Division, the Director is directed to place notice of the decision in the U.S. mail, consistent with PMC 17.20.090(C), Effective Date of Land Use Decisions.

3. Denials.
a. All final decisions made pursuant to this Division shall be in writing and based on substantial evidence in the written administrative record. The written decision shall include the reasons for the decision.
b. Administrative Denials. If the Director determines that any application submitted for a ministerial or discretionary administrative wireless telecommunications facilities permit does not meet code requirements, the Director shall notify the applicant of said finding in writing, and the application shall be denied effective on the date of issuance of said notice, unless, within ten (10) days of the issuance of the written notice, the applicant requests the application be converted to an application for a major wireless facilities permit application. The Planning Commission shall thereafter hear the application only after a complete application for the major wireless permit has been submitted.

4. Notice of Shot Clock Expiration.
a. Notification by Applicant. The City acknowledges there are Federal and State shot clocks which may be applicable to a proposed communication facility. That is, Federal and State law provides time periods in which the City must approve or deny a proposed communication facility. As such, the applicant is required to provide the City written notice of the expiration of any shot clock, which the applicant shall ensure is received by the City (e.g., overnight mail) no later than twenty (20) days prior to the expiration, and until the applicant has provided such notice, the City shall be entitled to conclude that the applicant has consented to the delay, and that the delay is reasonable. b. Tolling Agreements. The Director is authorized to enter into an agreement to toll the relevant shot clock requirements, if the form of the agreement meets the approval of the City Attorney.

Exhibit I
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D. Appeals. Any aggrieved person or entity may appeal a decision by the Director or the Planning Commission as provided in accordance with the provisions in PMC

17.20.010 et seq.

12.34.070 17.95.050.070 Design and Development Standards All wireless telecommunications facilities that are located within the public right-of-way shall be designed and maintained as to minimize visual, noise and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the following:

A. General Guidelines.

1. The applicant shall employ stealthing/camouflage design techniques in the design and placement of wireless telecommunications facilities to prevent the facility from dominating the surroundings.

2. To the maximum extent feasible, stealthing/camouflage designs shall be used in an effort to eliminate the need to screen such facilities such that landscaping would need to be removed. If screening is nevertheless required, the screening shall be designed to be architecturally compatible with surrounding structures using appropriate techniques to camouflage, disguise, and/or blend into the environment, including landscaping, color, and other techniques to minimize the facility’s visual impact as well as be compatible with the architectural character of the surrounding buildings or structures in terms of color, size, proportion, style, and quality.

3. To the extent feasible, facilities shall be located such that views from a residential structure are not significantly impaired.

B. Traffic Safety. All facilities shall be designed and located in such a manner to avoid adverse impacts on traffic safety. Among other things, when determining traffic safety impacts, the City will consider the views of the Manual for Uniform Traffic Control Devices (MUTCD) and whether the proposed installation location is high enough and far enough away from the street to minimize the risk of high profile vehicles colliding with the installation.

C. Blending Methods. All facilities shall have subdued colors and nonreflective materials that blend with the materials and colors of the surrounding area and structures.

D. Equipment. The applicant shall use the least visible equipment possible. Antenna elements shall be flush-mounted, to the extent feasible. All antenna mounts shall be Exhibit I
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designed so as not to preclude possible future collocation by the same or other operators or carriers. Unless otherwise provided in this Section, antennas shall be situated as close to the ground as possible.

E. Poles.

1. Facilities shall be located consistent with PMC 12.34.200 17.95.050.200, Location and Structure Preference, unless an exception pursuant to PMC 12.34.190

17.95.050.190, Exceptions, is granted.

2. Only pole-mounted antennas shall be permitted in the right-of-way. All other telecommunications towers are prohibited. (For exceptions see subsection (E)(8) of this Section, PMC 12.34.190 17.95.050.190, Exceptions, and 12.34.220 17.95.050.220, State or Federal Law – Ministerial Requirements.)

3. Utility Poles. The maximum height of any antenna shall not exceed seventy-two (72) inches above the height of any electricity supply lines on a utility pole, nor shall any portion of the antenna or equipment mounted on a pole be less than eighteen (18) feet above any drivable road surface. All installations on utility poles shall fully comply with the California Public Utilities Commission general orders, including, but not limited to, General Order 95, as may be revised or superseded.

4. Light Poles. The maximum height of any antenna shall not exceed six (6) feet above the existing height of a light pole. Any portion of the antenna or equipment mounted on a pole shall be on the pole, and not on any mast arm.

5. Replacement Poles. If an applicant proposes to replace a pole in order to accommodate a proposed facility, the pole shall be designed to resemble the appearance and dimensions of existing poles near the proposed location, including size, height, color, materials and style, to the maximum extent feasible.

6. Pole-mounted equipment, exclusive of antennas, shall be restricted to the smallest possible dimensions and shall not exceed six (6) cubic feet in dimension.

7. Reserved.

8. An exception, pursuant to PMC 12.34.190 17.95.050.190, shall be required to place a new pole in the public right-of-way. No permit for a new pole shall be granted unless other alternatives are infeasible. If an exception is granted for placement of new poles in the right-of-way:

Exhibit I
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a. Appearance. Such new poles shall be designed to resemble existing poles in the right-of-way near that location, including size, height, color, materials and style, with the exception of any existing pole designs that are scheduled to be removed and not replaced.
b. Ninety (90) feet. Such new poles that are not replacement poles shall be located at least ninety (90) feet from any existing pole to the extent feasible. c. Analysis. A new pole justification analysis shall be submitted to demonstrate why other preferred methods are infeasible including a demonstration that the new pole is designed to be the minimum functional height and width required to support the proposed facility.

9. All cables, including, but not limited to, electrical and utility cables, shall be run within the interior of the pole and shall be camouflaged or hidden to the fullest extent feasible.

For all wooden poles wherein interior installation is infeasible, conduit and cables attached to the exterior of poles shall be mounted flush thereto and painted to match the pole.

F. Space. Each facility shall be designed to occupy the least amount of space in the right-of-way that is technically feasible.

G. Wind Loads. Each facility shall be properly engineered to withstand wind loads as required by this Code or any duly adopted or incorporated code. An evaluation of high wind load capacity shall include the impact of modification of an existing facility.

H. Obstructions. Each component part of a facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, incommode the public’s use of the right-of-way, or safety hazards to pedestrians and motorists so as not to obstruct the intersection sight distance.

I. Public Facilities. A facility shall not be located within any portion of the public right-of- way interfering with access to a fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure, or any other public health or safety facility.

J. Screening. All ground-mounted facility, pole-mounted equipment, or walls, fences, landscaping or other screening methods shall be installed at least eighteen (18) inches from the curb and gutter flow line.

Exhibit I
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K. Accessory Equipment.

1. In general, all accessory equipment (except meters) shall be located underground or be pole mounted.

2. In general, meters shall be a part of the wireless facility or be placed within the landscaped portion of the right-of-way.

3. When the requirements of subsections (K)(1) and (2) of this Section are technically infeasible, such accessory equipment shall be enclosed within a structure which shall not exceed a height of five (5) feet and a total footprint of fifteen (15) square feet. Such structure shall be fully screened and/or camouflaged, including the use of landscaping, architectural treatment, or acceptable alternate screening.

4. In locations where homes are only along one (1) side of a street, above-ground accessory equipment shall not be installed directly in front of a residence. Such above- ground accessory equipment shall be installed along the side of the street with no homes facing it.

L. Landscaping. Where appropriate, each facility shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs.

Additional landscaping shall be planted, irrigated and maintained by applicant where such landscaping is deemed necessary by the City to provide screening or to conceal the facility.

M. Signage. No facility shall bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the City.

N. Lighting.

1. No facility may be illuminated unless specifically required by the Federal Aviation Administration or other government agency. Beacon lights are not permitted unless required by the Federal Aviation Administration or other government agency.

2. Legally required lightning arresters and beacons shall be included when calculating the height of facilities such as towers, lattice towers and monopoles.

3. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding neighborhoods.

Exhibit I
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4. Unless otherwise required under FAA or FCC regulations, applicants may install only timed or motion-sensitive light controllers and lights, and must install such lights so as to avoid illumination impacts to adjacent properties to the maximum extent feasible. The City may, in its discretion, exempt an applicant from the foregoing requirement when the applicant demonstrates a substantial public safety need.

5. The applicant shall submit a lighting study which shall be prepared by a qualified lighting professional to evaluate potential impacts to adjacent properties. Should no lighting be proposed, no lighting study shall be required.

6. Nothing in this subsection N is intended to prevent the installation of wireless facilities camouflaged on or within light poles if the light poles meet the City’s design requirements for its own light poles.

O. Noise.

1. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 7:00 p.m. and 7:00 a.m.

2. At no time shall equipment noise from any facility exceed an exterior noise level of fifty-five (55) dBA three (3) feet from the source of the noise if the facility is located in the public right-of-way adjacent to a business, commercial, manufacturing, utility or school zone; provided, however, that for any such facility located within five hundred (500) feet of any property zoned residential or improved with a residential use, such equipment noise shall not exceed forty-five (45) dBA three (3) feet from the source of the noise.

P. Security. Each facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight or attractive nuisances. The Director may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, a facility has the potential to become an attractive nuisance. Additionally, no lethal devices or elements shall be installed as a security device.

Q. Modification. Consistent with current State and Federal laws and if permissible under the same, at the time of modification of a communication facility, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities.

Exhibit I
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R. One Year to Build. The installation and construction approved by a communication facility permit shall begin within one (1) year after its approval or it will expire without further action by the City.

12.34.080 17.95.050.080 Conditions of Approval
In addition to compliance with the design and development standards outlined in this Section, all facilities shall be subject to the following conditions of approval (approval may be by operation of law), as well as any modification of these conditions or additional conditions of approval deemed necessary by the approving party:

A. As-Built Drawings. The permittee shall submit an as-built drawing within ninety (90) days after installation of the facility. As-builts shall be in an electronic format acceptable to the City which can be linked to the City’s GIS.

B. Contact Information. The permittee shall submit and maintain current at all times basic contact and site information on a form to be supplied by the City. The permittee shall notify the City of any changes to the information submitted within thirty (30) days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to, the following:

1. Identity, including the name, address and twenty-four (24) hour local or toll free contact phone number of the permittee, the owner, the operator, and the agent or person responsible for the maintenance of the facility.

2. The legal status of the owner of the communication facility.

C. Assignment. The permittee shall notify the City in writing within ten (10) days after transfer or assignment of the permit. The written notice must include: (1) the transferee’s legal name; (2) the transferee’s full contact information, including a primary contact person, mailing address, telephone number and email address; and (3) a statement signed by the transferee that the transferee shall accept all permit terms and conditions.

The Director may require the transferor and/or the transferee to submit any materials or documentation necessary to determine that the proposed transfer complies with the existing permit and all its conditions of approval, if any. Such materials or documentation may include, but shall not be limited to: Federal, State and/or local approvals, licenses, certificates or franchise agreements; statements; photographs; site plans and/or as-built drawings; and/or an analysis by a qualified radio frequency engineer demonstrating compliance with all applicable regulations and standards of the Federal Communications Commission.

Exhibit I
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D. Signs. At all times, all required notices and/or signs shall be posted on the site as required by the Federal Communications Commission, California Public Utilities Commission, any applicable licenses or laws, and as approved by the City. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.

E. Security. Permittee shall pay for and provide a performance bond or other form of security approved by the City Attorney’s office, which shall be in effect until the facilities are fully and completely removed and the site reasonably returned to its original condition, to cover permittee’s obligations under these conditions of approval and this Code. The security instrument coverage shall include, but not be limited to, removal of the facility. (The amount of the security instrument shall be calculated by the applicant in its submittal documents in an amount rationally related to the obligations covered by the bond and shall be specified in the conditions of approval.) Before issuance of any building permit, permittee must submit said security instrument.

F. Noise Complaints. If a nearby property owner or occupant registers a noise complaint and City forwards the same to the permittee (personally identifiable information may be redacted), the permittee shall have ten (10) business days to file a written response regarding the complaint which includes any applicable remedial measures. If the City determines the complaint is valid and the applicant has not taken any steps to minimize the noise, the City may hire a consultant to study, examine and evaluate the noise complaint and the permittee shall pay the fee for the consultant if the site is found in violation of this Division. The matter shall be reviewed by the Director. If the Director determines sound proofing or other sound attenuation measures should be required to bring the project into compliance with the Code, the Director may impose conditions on the project to achieve said objective.

G. Permit Expiration. A condition setting forth the permit expiration date in accordance with PMC 12.34.160 17.95.050.160, Permit Expiration, shall be included in the conditions of approval.

H. Additional Conditions. The communication facility shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the Director for the purpose of: (1) protecting the public health, safety, and welfare; (2) preventing interference with pedestrian and vehicular traffic; and/or (3) preventing damage to the public right-of-way or any adjacent property. The City may modify the permit to reflect such conditions, changes or limitations by following the same notice and public hearing procedures as are applicable to the underlying permit for similarly located facilities, except Exhibit I
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the permittee shall be given notice by personal service or by registered or certified mail at the last address provided to the City by the permittee.

I. No Permit Transfer. The permittee shall not transfer the permit to any person prior to the completion of the construction of the facility covered by the permit, unless and until the transferee of the permit has submitted the security instrument required by subsection E of this Section (Security).

J. Property Rights. The permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement or property without the prior consent of the owner of that structure, improvement or property. No structure, improvement or property owned by the City shall be moved to accommodate a communication facility unless the City determines that such movement will not adversely affect the City or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the City’s structure, improvement or property. Prior to commencement of any work pursuant to an encroachment permit issued for any facility within the public right-of-way, the permittee shall provide the City with documentation establishing to the City’s satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement or property within the public right-of-way to be affected by applicant’s facilities.

K. Liability. The permittee shall assume full liability for damage or injury caused to any property or person by the facility.

L. Repair Obligations. The permittee shall repair, at its sole cost and expense, any damage including, but not limited to, subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to City streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility lines and systems, or sewer systems and sewer lines that result from any activities performed in connection with the installation, use, and/or maintenance of a communication facility in the public right-of-way. The permittee shall, at a minimum, restore such areas, structures and systems to the condition in which they existed prior to the installation or maintenance that necessitated the repairs. Such time period for correction shall be based on the facts and circumstances, danger to the community and severity of the disrepair. Should the permittee not make said correction within the time period allotted the City Engineer shall cause such repair to be completed at permittee’s sole cost and expense.

M. Drip Line. No facility shall be permitted to be installed in the drip line of any tree in the right-of-way.

Exhibit I
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N. Insurance. The permittee shall obtain, pay for and maintain, in full force and effect until the facility approved by the permit is removed in its entirety from the public right-of- way, an insurance policy or policies of public liability insurance, with minimum limits of two million dollars ($2,000,000) for each occurrence and five million dollars ($5,000,000) in the aggregate, that fully protects the City from claims and suits for bodily injury and property damage. The insurance must name the City and its elected and appointed Council members, boards, commissions, officers, officials, agents, employees and volunteers as additional named insureds, be issued by an insurer admitted in the State of California with a rating of at least a A:VII in the latest edition of A.M. Best’s Insurance Guide, and include an endorsement providing that the policies cannot be canceled or reduced except with thirty (30) days’ prior written notice to the City, except for cancellation due to nonpayment of premium. The insurance provided by permittee shall be primary to any coverage available to the City, and any insurance or self-insurance maintained by the City and its elected and appointed Council members, boards, commissions, officers, officials, agents, employees and volunteers shall be excess of permittee’s insurance and shall not contribute with it. The policies of insurance required by the permit shall include provisions for waiver of subrogation. In accepting the benefits of the permit, permittee hereby waives all rights of subrogation against the City and its elected and appointed Council members, boards, commissions, officers, officials, agents, employees and volunteers. The insurance must afford coverage for the permittee’s and the wireless provider’s use, operation and activity, vehicles, equipment, facility, representatives, agents and employees, as determined by the City’s Risk Manager. Before issuance of any building permit for the facility, the permittee shall furnish the City Risk Manager certificates of insurance and endorsements, in the form satisfactory to the City Attorney or the Risk Manager, evidencing the coverage required by the City.

O. Indemnification. To the fullest extent permitted by law, permittee and any contractors or subcontractors working on its behalf agree to indemnify the City of Palmdale, its officers, employees, agents and elected and appointed boards (hereinafter “City indemnitees”) for any loss, claim, demand, cause of action, cost, expense, damage, obligation or liability which arises out of or is in any way connected with the installation, use, and maintenance of the communication facility, including any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of permittee, its contractors or subcontractors, except to the extent directly caused by the gross negligence or willful misconduct of any person or entity indemnified hereunder. At their own expense, permittee and, as applicable, any contractors or subcontractors working on its behalf, shall defend any suit, claim or action against the City indemnitees founded upon such loss, claim, demand, cause of action, cost, expense, damage, obligation or liability. Permittee shall ensure that the contract of any contractor or Exhibit I
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subcontractor working under the permit contains an indemnity agreement, requiring the contractor or subcontractor to indemnify and defend the City indemnitees pursuant to the terms set forth above. Permittee shall indemnify the City indemnitees, and save them harmless from any and all loss, damage, costs, expenses and attorney’s fees suffered or incurred on account of any breach of the aforesaid obligations and covenants, and any other provision or covenant of this Section.

P. Hold Harmless. Additionally, to the fullest extent permitted by law, the permittee, and every permittee and person in a shared permit, jointly and severally, shall defend, indemnify, protect and hold the City and its elected and appointed Council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers harmless from and against all claims, suits, demands, actions, losses, liabilities, judgments, settlements, costs (including, but not limited to, attorney’s fees, interest and expert witness fees), or damages claimed by third parties against the City for any injury claim, and for property damage sustained by any person, arising out of, resulting from, or in any way related to the communication facility, or to any work done by or use of the public right-of-way by the permittee, owner or operator of the communication facility, or their agents, excepting only liability to the extent directly caused by gross negligence or willful misconduct of the City and its elected and appointed Council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers.

Q. Cabinet Removal. Should the utility company servicing the facility with electrical service not require the use of an above-ground meter cabinet, the permittee shall at its sole cost and expense remove the meter cabinet and any related foundation within ninety (90) days of such service being offered and reasonably restore the area to its prior condition. An extension may be granted if circumstances arise outside of the control of the permittee.

R. Relocation. The permittee shall modify, remove, or relocate its facility, or portion thereof, without cost or expense to City, if and when made necessary by (1) any public improvement project, including, but not limited to, the construction, maintenance, or operation of any underground or above-ground facilities including but not limited to sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by City or any other public agency, (2) any abandonment of any street, sidewalk or other public facility, (3) any change of grade, alignment or width of any street, sidewalk or other public facility, or (4) a determination by the Director that the communication facility has become incompatible with public health, safety or welfare or the public’s use of the public right-of-way. Such modification, removal, or relocation of the facility shall be completed within ninety (90) days of notification by City unless exigencies dictate a shorter period for removal or relocation. Modification or relocation of the facility shall Exhibit I
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require submittal, review and approval of a modified permit pursuant to the Code including applicable notice and hearing procedures. The permittee shall be entitled, on permittee’s election, to either a pro rata refund of fees paid for the original permit or to a new permit, without additional fee, at a location as close to the original location as the standards set forth in the Code allow. If the facility is not modified, removed, or relocated within said period of time, City may cause the same to be done at the sole cost and expense of permittee. Further, due to exigent circumstances including those of immediate or imminent threat to the public’s health and safety, the City may modify, remove, or relocate wireless telecommunications facilities without prior notice to permittee provided permittee is notified within a reasonable period thereafter.

S. Written Approval of Conditions. Permittee shall agree in writing that the permittee is aware of, and agrees to abide by, all conditions of approval imposed by the communication facility permit within thirty (30) days of permit issuance. The permit shall be void and of no force or effect unless such written consent is received by the City within said thirty (30) day period.

T. Right-of-Way Agreement. Prior to the issuance of any encroachment permit, permittee may be required to enter into a right-of-way agreement with the City in accordance with the City’s past practice.

U. “Permittee” shall have the meaning of owner(s) or lessee(s) of property or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Ordinance, or the agent(s) of such persons who have been issued a permit and all successors in interest.

12.34.090 17.95.050.090 Findings for Discretionary Permits No discretionary permit shall be granted for a communication facility unless the approving party makes all of the following findings:

A. The proposed facility has been designed and located in compliance with all applicable provisions of the Municipal Code, including this Division.

B. The proposed location for the facility is reasonable when considering both (1) the Federal mandate to not regulate personal wireless service facilities in a manner that would “prohibit or have the effect of prohibiting the provision of personal wireless services”; and (2) the City’s legitimate related policy objectives relating to the location of wireless facilities.

Exhibit I
ZOA 21-007

C. The proposed facility is substantially compatible with existing or planned developments and uses in the same general area and would not be substantially detrimental to existing or planned developments or uses within the general area.

D. The proposed facility will not be materially detrimental to the health, safety and general welfare of the public (excluding any environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communication Commission’s regulations concerning such emissions).

E. All antennas, poles, equipment, and other structures erected to support antennas are visually compatible with their surroundings.

12.34.100 17.95.050.100 Reserved

12.34.110 17.95.050.110 Nonexclusive Grant
No permit or approval granted under this Division shall confer any exclusive right, privilege, license or franchise to occupy or use the public right-of-way of the City for any purpose whatsoever. Further, no approval shall be construed as any warranty of title.

12.34.120 17.95.050.120 Emergency Deployment
A COW shall be permitted for the duration of an emergency declared by the City or at the discretion of the Director.

12.34.130 17.95.050.130 Operation and Maintenance Standards All wireless telecommunications facilities must comply at all times with the following operation and maintenance standards:

A. Repairs. Unless otherwise provided herein, all necessary repairs and restoration shall be completed by the permittee, owner, operator or any designated maintenance agent within forty-eight (48) hours:

1. After discovery of the need by the permittee, owner, operator or any designated maintenance agent; or

2. After permittee, owner, operator or any designated maintenance agent receives notification from the City.

B. Contact Information. Each permittee of a communication facility shall provide the Director with the name, address and twenty-four (24) hour local or toll free contact phone number of the permittee, the owner, the operator and the agent responsible for the Exhibit I
ZOA 21-007

maintenance of the facility (“contact information”). Contact information shall be updated within seven (7) days of any change.

C. Good Condition. All facilities, including, but not limited to, telecommunication towers, poles, accessory equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and the facility site shall be maintained in good condition, including ensuring the facilities are reasonably free of:

1. General dirt and grease;

2. Chipped, faded, peeling, and cracked paint;

3. Rust and corrosion;

4. Cracks, dents, and discoloration;

5. Missing, discolored or damaged artificial foliage or other camouflage;

6. Graffiti, bills, stickers, advertisements, litter and debris;

7. Broken and misshapen structural parts; and

8. Any damage from any cause.

D. Landscaping. All trees, foliage or other landscaping elements approved as part of the facility shall be maintained in good condition at all times, and the permittee, owner and operator of the facility shall be responsible for replacing any damaged, dead or decayed landscaping. No amendment to any approved landscaping plan may be made until it is submitted to and approved by the Director.

E. Replacement. The permittee shall replace its facilities, after obtaining all required permits, if maintenance or repair is not sufficient to return the facility to the condition it was in at the time of installation.

F. Routine Inspections. Each facility shall be operated and maintained to comply with all conditions of approval. Each owner or operator of a facility shall routinely inspect each site to ensure compliance with the same and the standards set forth in this Division.

12.34.140 17.95.050.140 Reserved
Exhibit I
ZOA 21-007

12.34.150 17.95.050.150 No Dangerous Condition or Obstructions Allowed No person shall install, use or maintain any facility which in whole or in part rests upon, in or over any public right-of-way, when such installation, use or maintenance endangers or is reasonably likely to endanger the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such facility unreasonably interferes with or unreasonably impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, the use of poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture or other objects permitted at or near said location.

12.34.160 17.95.050.160 Permit Expiration
A. Ten (10) Year Expiration. Unless Government Code Section 65964, as it may be amended, authorizes the City to issue a permit with a shorter term, a permit for any communication facility shall be valid for a period of ten (10) years, unless pursuant to another provision of this Code it lapses sooner or is revoked. At the end of ten (10) years from the date of issuance, such permit shall automatically expire.

B. Renewal. A permittee may apply for a new permit within one hundred eighty (180) days prior to expiration. Said application and proposal shall comply with the City’s current code requirements for wireless telecommunications facilities.

12.34.170 17.95.050.170 Cessation of Use or Abandonment A. Abandonment. A communication facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless telecommunications services for ninety (90) or more consecutive days unless the permittee has obtained prior written approval from the Director which shall not be unreasonably denied. If there are two (2) or more users of a single facility, then this provision shall not become effective until all users cease using the facility.

B. Notice of Abandonment. The operator of a facility shall notify the City in writing of its intent to abandon or cease use of a permitted site or a nonconforming site (including unpermitted sites) within ten (10) days of ceasing or abandoning use. Notwithstanding any other provision herein, the operator of the facility shall provide written notice to the Director of any discontinuation of operations of thirty (30) days or more.

C. Remedies. Failure to inform the Director of cessation or discontinuation of operations of any existing facility as required by this Section shall constitute a violation of any approvals and be grounds for:

Exhibit I
ZOA 21-007

1. Litigation;

2. Revocation or modification of the permit;

3. Acting on any bond or other assurance required by this Division or conditions of approval of the permit;

4. Removal of the facilities by the City in accordance with the procedures established under this Code for abatement of a public nuisance at the owner’s expense; and/or

5. Any other remedies permitted under this Code.

12.34.180 17.95.050.180 Removal and Restoration – Permit Expiration, Revocation or Abandonment
A. Removal at Permit Termination. Upon the expiration date of the permit, including any extensions, earlier termination or revocation of the permit or abandonment of the facility, the permittee, owner or operator shall remove its communication facility and restore the site to its natural condition except for retaining the landscaping improvements and any other improvements at the discretion of the City. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the City. The facility shall be removed from the property, at no cost or expense to the City.

B. Failure to Remove. Failure of the permittee, owner or operator to promptly remove its facility and restore the property within ninety (90) days after expiration, earlier termination or revocation of the permit, or abandonment of the facility, shall be a violation of this Code. Upon a showing of good cause, an extension may be granted by the Director where circumstances are beyond the control of the permittee after expiration. Further failure to abide by the timeline provided in this Section shall be grounds for:

1. Prosecution;

2. Acting on any security instrument required by this Division or conditions of approval of permit;

3. Removal of the facilities by the City in accordance with the procedures established under this Code for abatement of a public nuisance at the owner’s expense; and/or

4. Any other remedies permitted under this Code.

Exhibit I
ZOA 21-007

C. Summary Removal. If the Director or City Engineer determines that the condition or placement of a communication facility located in the public right-of-way constitutes a dangerous condition, obstruction of the public right-of-way, or an imminent threat to public safety, or determines other exigent circumstances require immediate corrective action (collectively, “exigent circumstances”), the Director or City Engineer may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall include the basis for the removal and shall be served upon the permittee and person who owns the facility within five (5) business days of removal and all property removed shall be preserved for the owner’s pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick up the property within sixty (60) days, the facility shall be treated as abandoned property.

D. Removal of Facilities by City. If the City removes a facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the City for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the City may collect such costs from the performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with this Code. Unless otherwise provided herein, the City has no obligation to store such facility. Neither the permittee, owner nor operator shall have any claim if the City destroys any such facility not timely removed by the permittee, owner or operator after notice, or removed by the City due to exigent circumstances.

12.34.190 17.95.050.190 Exceptions
A. Federal Law – Planning Commission Exception. The City Council recognizes that Federal law prohibits a permit denial when it would effectively prohibit the provision of personal wireless services. The City Council finds that, due to wide variation among wireless facilities, technical service objectives and changed circumstances over time, it is appropriate to allow a limited exemption for proposals in which strict compliance with this Division would effectively prohibit personal wireless services serves the public interest.

The City Council further finds that circumstances in which an effective prohibition may occur are extremely difficult to discern, and that specified findings to guide the analysis promotes clarity and the City’s legitimate interest in well-planned wireless facilities deployment. Therefore, if any applicant demonstrates that strict compliance with any provision in this Division, as applied to a specific proposed personal wireless services facility, would effectively prohibit the provision of personal wireless services, the Planning Commission may grant a limited, one (1) time exemption from strict compliance with the requirements of this Code subject to the provisions in this Section.

Exhibit I
ZOA 21-007

B. Required Findings. The Planning Commission shall not grant any exception unless the applicant demonstrates by a preponderance of the evidence all the following:

1. The applicant has provided the City with a clearly defined technical service objective and a clearly defined potential site search area;

2. The applicant has provided the City with a meaningful comparative analysis that includes the factual reasons why denial of the application would materially inhibit the deployment of personal wireless services. Such analysis shall include analysis of any alternative location(s) or design(s) suggested by the City or otherwise identified in the administrative record, including but not limited to potential alternatives identified at any public meeting or hearing, and an indication of whether such alternatives are technically feasible; and

3. The applicant has provided the City with a meaningful comparative analysis that includes the factual reasons why the proposed location and design deviations are the least noncompliant location and design necessary to reasonably achieve the applicant’s reasonable technical service objectives.

C. Scope. The Planning Commission shall limit its exemption to the extent to which the applicant demonstrates such exemption is necessary to reasonably achieve its reasonable technical service objectives. The Planning Commission may adopt conditions of approval as reasonably necessary to promote the purposes in this Division and protect the public health, safety and welfare.

D. Independent Consultant. The City shall have the right to hire, at the applicant’s expense, an independent consultant to evaluate issues raised by the exception and to submit recommendations and evidence in response to the application.

12.34.200 17.95.050.200 Location and Structure Preference Compliance with this section will occur if the applicant has demonstrated that each more- preferred location and structure within five hundred (500) feet of the proposed installation is “technically infeasible” as the term is defined in PMC 17.16.200(T). If there is conflict between obtaining a higher priority in subsection A (Location Preference Hierarchy) versus subsection B (Support Structure Hierarchy) of this Section, satisfying the location preferences in subsection A (Location Preference Hierarchy) of this Section shall be preferred. The Director shall not consider claims of an “effective prohibition” when making this determination of whether a structure or location is “feasible.” Exhibit I
ZOA 21-007

A. Location Preference Hierarchy. The following are the City’s preferences for locations for small wireless facilities in the public rights-of-way, ordered from most preferred to least preferred:

1. Non-Residential Districts.
a. Locations within, or immediately adjacent to, zones where residential uses are not permitted uses (e.g., industrial, commercial and industrial districts with no residential overlay) on or along freeways, expressways, and arterials; b. Locations within, or immediately adjacent to, zones where residential uses are not permitted on or along collector streets; or
c. Locations within, or immediately adjacent to, zones where residential uses are not permitted uses on or along local streets.

2. Residential Overlay Districts.
a. Locations within, or immediately adjacent to, zones where residential uses would be prohibited but for an overlay district, on or along freeways, expressways and arterials; b. Locations within, or immediately adjacent to, zones where residential uses would be prohibited but for an overlay district, on or along collector streets; or c. Locations within, or immediately adjacent to, zones where residential uses would be prohibited but for an overlay district, on or along local streets.

3. Residential Districts and Schools.
a. Locations (i) within, or immediately adjacent to, zones where residential uses are permitted uses on or along major, primary or secondary arterials and (ii) within or immediately adjacent to primary or secondary schools which are located on or along freeways, expressways and arterials;
b. Locations (i) within, or immediately adjacent to, zones where residential uses are permitted uses on or along divided collector arterials or collector arterials and (ii) within or immediately adjacent to primary or secondary schools which are located on or along collector streets; or
Exhibit I
ZOA 21-007

c. Locations (i) within, or immediately adjacent to, zones where residential uses are permitted uses on or along local streets and (ii) within or immediately adjacent to a primary or secondary school located on or along local streets.

B. Support Structure Hierarchy. The following are the City’s preferences for support structures for small wireless facilities in the public rights-of-way, ordered from most preferred to least preferred:

1. New replacement light standards (i.e., removing a light standard entirely and replacing it with a new light standard);

2. Existing light standards;

3. Existing or new replacement third party utility poles;

4. Existing or new replacement City traffic signal poles;

5. New camouflaged standalone poles;

6. Any other types of poles the Director determines meet the purposes of this Division.

12.34.205 17.95.050.205 Setback Requirements
Wireless facilities shall meet the following requirements:

A. Setback from Dwellings. Small wireless facilities, regardless of zone, shall not be within fifteen (15) feet of any lawful dwelling unit.

B. Sight Distance Triangles. New or new replacement poles (excluding street traffic signal poles) shall not be placed within any sight distance triangles at any intersections.

C. Setbacks from Driveways. New or new replacement poles, regardless of zone, must be placed at least ten (10) feet away from any driveway, and at least fifty (50) feet from any driveways for K-12 schools, police stations, fire stations or other public or private emergency responder facilities.

D. Near Property Lines. New or new replacement poles, regardless of zone, shall be placed as close as feasible and in no event more than five (5) feet of a property line between two (2) parcels that abut the public right-of-way.

Exhibit I
ZOA 21-007

E. Historic Structures or Public Art. New poles (including replacement poles) shall not be installed within one hundred (100) feet of designated historic structures or local landmarks or public art.

F. Facility Distance. Facilities of the same company shall not be located within five hundred (500) feet of each other.

12.34.210 17.95.050.210 Effect on Other Ordinances
Compliance with the provisions of this Division shall not relieve a person from complying with any other applicable provision of this Code. In the event of a conflict between any provision of this Division and other sections of this Code, this Division shall control.

12.34.220 17.95.050.220 State or Federal Law – Ministerial Requirements A. Ministerial Permitting.

1. If it is determined by the City Attorney that the Municipal Code requires a discretionary permit, but State or Federal law prohibits discretionary permitting requirements for certain wireless telecommunications facilities, such requirement shall be deemed severable and all remaining regulations shall remain in full force and effect. Such a determination by the City Attorney shall be in writing with citations to legal authority and shall be a public record.

For those facilities, in lieu of a site plan review or a conditional use permit, a ministerial administrative permit shall be required prior to installation or modification of a communication facility, and all provisions of this Division that would otherwise apply to the discretionary permit shall be applicable to any such facility with the exception that the required permit shall be reviewed and administered as a ministerial permit by the Director rather than as a discretionary permit. Any conditions of approval set forth in this provision or deemed necessary by the Director shall be imposed and administered as reasonable time, place and manner rules.

2. Notwithstanding subsection (A)(1) of this Section, the determination that would otherwise be made by the City Attorney may be made by the Director if the Director’s determination is made upon a form approved by the City Attorney which form is designed to ensure compliance with the requirements of subsection (A)(1) of this Section.

B. Changed Law. If, subsequent to the issuance of the written determination pursuant to subsection A of this Section, and before the issuance of a wireless telecommunications permit, the City Attorney determines that the law has changed and that discretionary permitting is permissible, the City Attorney shall issue such determination in writing with citations to legal authority and all discretionary permitting requirements shall be reinstated. The City Attorney’s written determination shall be a public record.

Exhibit I
ZOA 21-007

C. Enforceable Laws. All installations permitted pursuant to this Division shall comply with all Federal and State laws including but not limited to the Americans with Disabilities Act and the California Building Standards Code.

Major Highway/Arterial
Railroad
Sphere of Influence
City Boundary
Equestrian Residential (ER)
Low Density Residential (LDR)
Single Family Residential 1 (SFR 1)
Single Family Residential 2 (SFR 2)
Single Family Residential 3 (SFR 3)
Mixed Use 1 (MU 1)
Mixed Use 2 (MU 2)
Mixed Use 3 (MU 3)
Neighborhood Commercial (NC)
Visitor Commercial (VC)
Public Facility-Park (PF-P)
Public Facility-School (PF-S)
Public Facility-Civic (PF-C)
Utilities (U)
Water Body/Aqueduct
Medical Flex (MEDFX)
Educational Flex (EF)
Specific Plan (SP)
Open Space (OS)
Mineral Resource Extraction (MRE)
Mobile Home (MH)
Residential Neighborhood 2 (RN 2)
Residential Neighborhood 1 (RN 1)
Residential Neighborhood 3 (RN 3)
Residential Neighborhood 4 (RN 4)

Light Industrial (LI)
Heavy Industrial (HI)
Regional Commercial (RC)

Prezone Public Facility-Park
Prezone Utilities
Prezone Specific Plan
Prezone Residential Neighborhood 2
Prezone Public Facility-Civic
Prezone Public Facility-School
Prezone Aerospace Industrial
Prezone Mineral Resource Extraction
Prezone Heavy Industrial
Prezone Light Industrial
Prezone Open Space
Prezone Neighborhood Commercial
Prezone Mobile Home
Prezone Single Family Residential 1
Prezone Single Family Residential 2
Prezone Single Family Residential 3
Prezone Low Density Residential
Prezone Equestrian Residential Planned Developments

AVENUE S

AVENUE Q

AVENUE L
AVENUE RSB SR 14
NB SR 14
AVENUE P-8

COLUMBIA WAY / AVENUE M

AVENUE T

AVENUE N
AVENUE R-8

PALMDALE BLVD

SIERRA HIGHW
AY
110TH STREET EAST
120TH STREET EAST
AVENUE P40TH STREET EAST
AVENUE L-8
90TH STREET EAST
AVENUE M-8

ELIZABETH LAKE ROAD

AVENUE O
50TH STREET EAST
95TH STREET EAST
25TH STREET EAST
AVENUE O-8
35TH STREET EAST

RITTER RANCH ROAD
10TH STREET EAST
30TH STREET WEST

DIVISION STREET
10TH STREET W
EST
100TH STREET EAST
70TH STREET EAST
45TH STREET EAST

CITY RANCH ROAD

PEARBLOSSOM HIGHWAY

GODDE HILL ROAD
60TH STREET EAST
AVENUE S-85TH STREET EAST
80TH STREET EAST
65TH STREET W
EST
60TH STREET W
EST
45TH STREET EAST

PALMDALE BLVD

AVENUE P

AVENUE N
12/22/2022
SP-Ritter Ranch
SP-Anaverde
Nuevo
SP-Rancho Vista
SP-Lockheed
SP-AV Auto
Center SP-Palmdale
Transit Area
SP- Antelope
Valley Business
Park
Lake Palmdale
°0 1.5 30.75 Miles
Draft Palmdale Zoning Map
PD-21-001
PD-15-01
PD-18-002
PD-19-001
PD-16-001
Office Flex (OFX)
Aerospace Industrial (AI)
City Council Staff Report
DATE: MARCH 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DIVISION
DISTRICTS: ALL
SUBJECT: ADOPT RESOLUTION NO. CC 2023-019, A RESOLUTION OF THE

CITY COUNCIL OF THE CITY COUNCIL APPROVING GE NERAL
PLAN AMENDMENT 23-001
ISSUE
Adopt Resolution No. CC 2023-019 approving General Plan Amendment (GPA) 23-001.

RECOMMENDATION
The Planning Commission recommends that the City Council:

1. Receive public testimony regarding Resolution No. CC 2023-019;

2. Adopt Resolution No. CC 2023-019 approving GPA 23-001; and,

3. Find that the project is consistent with Program Environmental Impact Report (PEIR) 22-002 prepared and certified in conjunction with the City’s General Plan (Palmdale 2045).

BACKGROUND
The City Council adopted Palmdale 2045 on September 21, 20 22. Palmdale 2045 replaced the previously adopted General Plan (1993) and was a comprehensive update to the City's long -term vision of future growth and development. State law requires that the regulations governing the use and development of lands within the municipal limits of a city be consistent with the adopted General Plan for that city. Therefore, following the adoption of Palmdale 2045, a comprehensive update to Title 17 of the Palmdale Municipal Code (PMC) and the associated zoning map was required (Zoning Ordinance Amendment [ZOA] 21-007).

Through preparation of ZOA 21 -007, minor amendments to Palmdale 2045 were identified, which are necessary to address inconsistencies, correct typographical errors, and update the associated Land Use Map.

Report to Mayor and City Council
Re: GPA 23-001
March 15, 2023

On February 9, 2023, the Planning Commission adopted Resolution No. PC-2023-004 recommending City Council approval of GPA 23-001.

PROJECT DESCRIPTION
The proposed project is a request to modify Palmdale 2045 to ensure consistency with ZOA 21-007, address inconsistencies, correct typographical errors, and update the associated Land Use Map.

DISCUSSION
GPA 23-001 will amend Chapter 12, Public Facilities, Services, and Infrastructure (PFSI) Policy PFSI-3.9, to allow alternative on-site wastewater treatment options to encourage industrial development within an area of the City located between Avenue L and M between 40 th Street East and 120 th Street East that has been historically difficult to develop. Incentivizing development by removing the requirement to connect to the public sewer system in this area will attract new businesses and generate additional jobs. This amendment will also correct minor typographic errors and update the associated General Plan Land Use Map, as follows:
 Update to the boundary for the Palmdale Transit Area Specific Plan; to accurately reflect the adoption of Specific Plan Amendment 21-003;  Correct the land use designation for several parcels, which should have been designated as Utilities; and,
 Update the land use designation for the Yellen Learning Center, located immediately west of Buena Vista Elementary School from SFR-3 (Single Family Residential 3) to PF-School.

FISCAL IMPACT
GPA 23-001 will accelerate the entitlement process, streamline new development, and facilitate opportunities for housing and jobs, which will increase property and sales tax revenues for the City.

STRATEGIC PLAN
Goal IV: Maintain a desirable community where everyone wants to live, work and play.

B. Provide inclusive access to a variety of supportive services that build a resilient and healthy community.

Prepared by: Brenda Magaña, Acting Planning Manager
Certified as to availability of Funds: Janelle Samson, Director of Finance Report to Mayor and City Council
Re: GPA 23-001
March 15, 2023

Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley III, Interim City Attorney

ATTACHMENT

1. Resolution No. CC 2023-019

CITY OF PALMDALE

COUNTY OF LOS ANGELES, CALIFORNIA
RESOLUTION NO. CC 2023-019

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING GENERAL PLAN AMENDMENT 23-001; A REQUEST TO
MODIFY THE CITY’S GENERAL PLAN (PALMDALE 2045) TO

ADDRESS INCONSISTENCIES, CORRECT TYPOGRAPHICAL
ERRORS, UPDATE THE ASSOCIATED PALMDALE 2045 LAND USE

MAP AND FIND THAT THE AMENDMENT IS CONSISTENT WITH
PROGRAM ENVIRONMENTAL IMPACT REPORT 22-002 PREPARED
AND CERTIFIED FOR PALMDALE 2045
A. RECITALS
WHEREAS, the City has filed an application that applies to the City and the City’s sphere of influence, requesting approval of General Plan Amendment (GPA) 23- 001, to address inconsistencies and correct typographical errors as indicated in Exhibit I, and update the associated Land Use Map as indicated within Exhibit II (herein referred to as “Application”);
WHEREAS, California State law requires that the regulations governing the use and development of lands within the municipal limits of a city be consistent with the adopted General Plan for that city. On September 21, 2022, the City Council adopted a comprehensive update to the General Plan (Palmdale 2045), which required a comprehensive update to Title 17 of the Palmdale Municipal Code (PMC); WHEREAS, on February 9, 2023, the Planning Commission of the City of Palmdale adopted Resolution No. PC-2023-004 recommending City Council approval of GPA 23-001 by the City Council; and,
WHEREAS, on March 15, 2023, the City Council of the City of Palmdale conducted a duly noticed public hearing on the Application and concluded said hearing on that date. Evidence, both written and oral, was duly presented and considered by the City Council at the aforesaid public hearing, including but not limited to, the staff report dated March 15, 2023.

B. ORDINANCE
THE CITY COUNCIL OF THE CITY OF PALMDALE DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A of this Ordinance, are true and correct.

SECTION 2 . The City Council hereby finds as follows with respect to the environmental documentation:

Resolution No. CC 2023-019

(a) The project is consistent with Program Environmental Impact Report (PEIR) 22-002 prepared and certified in conjunction with the Palmdale 2045. Following the close of the public comment period, the City prepared a Final PEIR, including comments submitted by agencies and other interested parties and responses to those comments. PEIR 22-002 (State Clearinghouse # 2021060494) was certified by the City Council (Resolution No. CC 2022 096) on September 21, 2022, for approval of Palmdale 2045. The Final PEIR is available on the City’s website at:
https://palmdale2045gp.org/. As part of the environmental analysis, PEIR 22-002 also considered the adoption and implementation of the comprehensive zoning code and map update. Staff review has determined that a subsequent or supplemental PEIR as described in California Environmental Quality Act (CEQA) Guidelines Sections 15162, 15163, or 15164, is not required because the proposed Application modifies language in the PMC to ensure compliance with the recently adopted General Plan and applicable laws, and would not require major revisions of the PEIR, there are no significant changes in circumstances and there is no new information of substantial importance that will involve new significant environmental effects or increase the severity of previously identified significant effects. As such, staff concluded that the request is consistent with the previous PEIR in accordance with CEQA Guidelines and has determined that no additional environmental analysis is required. (b) The custodian of records for the environmental document, 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. In addition, the Final PEIR is available at: https://palmdale2045gp.org/wp- content/uploads/2022/10/PalmdaleGP_FinalEIRAppendicesResponsetoC ommentsFindingofFactandStatementofOverridingConsiderations.pdf.

SECTION 3 . Based upon substantial evidence presented to the City Council during the March 15, 2023, public hearing, including public testimony and written and oral staff reports, the City Council specifically finds as follows:
(a) The proposed change in land use is consistent with State law.

Resolution No. CC 2023-019

The Application will provide flexibility for industrial development between Avenue L and M between 40th Street East and 120th Street East, which has been historically difficult to develop, address inconsistencies, correct typographical errors, and update the associated land use map to reflect the modifications included as necessary. This Application will also ensure consistency with the comprehensive update to Title 17 of the PMC as required by California Government Code Section 65300. In addition, as required by California Government Code Section 65358, the General Plan may only be amended four times per year and this amendment constitutes the first amendment for 2023. As a result, this proposed comprehensive update of the General Plan is consistent with State law.
(b) The amendment is suitable and beneficial for the uses permitted within the associated zone districts.

Palmdale 2045 introduced new land use designations in order to accommodate State law, allow flexibility and encourage best practices. The land use designations are intended to enhance flexibility and allow a wide range of supportive uses in order to meet the vision of the City, while still accommodating the development and business community. During the subsequent comprehensive update to Title 17 of the PMC staff discovered the need for minor amendments that will encourage development for industrial uses, address typographical errors, and update the land use map to correct inconsistencies. Therefore, this Application is necessary and beneficial in implementing the City’s vision for land use and zoning for the next two decades.

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 GPA 23-001 modifying the City’s zoning code and map to be consistent with Palmdale 2045 as shown in Exhibits I and II of this Resolution.

Resolution No. CC 2023-019

SECTION 5. The City Clerk shall certify to the adoption of this ordinance and shall cause this ordinance to be published or posted as required by law.

PASSED, APPROVED and ADOPTED this 15th day of March, 2023. _________________________________
Approved as to form: Laura Bettencourt, Mayor
ATTEST:
___________________________ ________________________________ William P. Curley III, Rochelle Scott, Acting City Clerk Interim City Attorney
I, Rochelle Scott, Acting 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 15 th day of March, 2023 by the following roll call vote:

AYES:

NOES:

ABSTAIN: ABSENT:

Date:

Rochelle Scott, Acting City Clerk

EXHIBIT I
Chapter 2 History and Profile- page 17
Source: ESRI and its Licensors © 2021 Addit ional data provided by Los Angeles County LAFCO, 2014.

Chapter 2 History and Profile- page 20
Antelope Valley Mall
Chapter 5 Land Use and Community Design- page 111
Single Family Residential 1 (SFR1)
Primary Land Uses
 Parks and recreation use
Chapter 5 Land Use and Community Design- page 112
Single Family Residential 3 (SFR3)
Primary Land Uses
 Parks and recreation use
Chapter 5 Land Use and Community Design- page 115
Residential Neighborhood 2 (RN2)
Primary Land Uses
 Manufactured housing, (as permitted by zoning)
Chapter 5 Land Use and Community Design- page 119
Mixed Use 1 (MU1)
Description and Intended Physical Character
MU1 is intended to create a low-intensity concentration of commercial businesses and civic amenities mixed with single and multifamily housing. This place type is located along Palmdale Boulevard bbetween 10th Street East and 35th Street East and is intended to foster a pedestrian friendly environment in a walkable, Main Street format.

This character encourages people to shop, dine, and socialize in downtown Palmdale.

The pedestrian environment in this area should be attractive and visually interesting to encourage visitors to explore and circulate in and around the retail venues. Ground floors are primarily retail and service-oriented to provide a comfortable, walkable environment for shoppers and diners. This designation permits both horizontal and vertical mixed-use developments. This designation also carries forward the intent of the City’s Downtown Revitalization Plan.

Allowed Density and Intensity
Maximum Commercial FAR: 0.35 (no limit for certain zero-lot line developments) Chapter 5 Land Use and Community Design- page 123
Regional Commercial (RC)
Allowed Height
55 feet (85 feet for hotels/lodging)
Chapter 6 Mobility- page 144
Antelope Valley Line Study
Chapter 6 Mobility- page 174
CM-8.3 Right-of-way. Ensure that right-of-way is reserved wherever possible to implement the mobility network illustrated in_Figure 6.2.

Chapter 7 Economic Development- page 182
Palmdale EIFD Infrastructure Financing Plan (November 2021):

The City of Palmdale, in partnership with the County of Los Angeles, has established an Enhanced Infrastructure Financing District (EIFD) in boundaries of the City of Palmdale and unincorporated Los Angeles County. The purpose of this district is to create a funding mechanism that can facilitate the construction of public infrastructure improvements in this area. A portion of the property tax increment that the City of Palmdale and the County of Los Angeles receive would be specifically restricted to pay for the infrastructure projects listed in the Infrastructure Financing Plan (IFP) at an estimated $177 million. These investments will spur new job creation, unlock new housing development, and support regional and local transportation projects benefiting Palmdale residents and businesses alike.

Chapter 9 Equitable and Healthy Communities- Implementation Actions, page 248 EHC-13 Smoking product retailers. Update the zoning code to prohibit new tobacco/smoking product retailers, including the sale of vape products, within 1,000 feet close proximity of child-sensitive areas (e.g., schools, parks, libraries, and recreation centers) and 1,000 feet of another tobacco/smoking product retailer.

EHC-14 Drive-through restaurants. Update the zoning code to limit new drive-through restaurants within 1,000 feet close proximity of child-sensitive areas (e.g., schools, parks, libraries, and childcare facilities) and within 1,000 feet close proximity of another drive-through restaurant.

EHC-14 Off-sale alcohol beverage establishments. Update the zoning code to prohibit new off-sale alcohol beverage establishments, which sell alcohol for off-site consumption, within 1,000 feet close proximity of child-sensitive areas (e.g., schools, parks, libraries, and childcare facilities), and within 1,000 feet close proximity of another off-sale alcohol beverage establishment.

Chapter 11 Conservation- page 281, Table 11.2
A perennial stem succulent which blooms, April through June, is characteristic of the Juniper woodland, western Joshua tree woodland and Mojave an Desert Scrub natural communities within the city.

Chapter 12 Public Facilities, Services, and Infrastructure- page 320 PFSI-3.9 Renewable Energy and Industrial Project Disposal Systems . Allow the use of private sewage disposal systems on nonresidential renewable energy and industrial projects with domestic discharge only on property with an IND (Industrial) General Plan Land Use designation located between Avenue L and M between 40th 50th Street East and 120th Street East, and on property with an IND (Industrial) General Plan Land Use designation on property located south of Avenue M, north of Avenue P-8, between 90th Street East and 120th Street East. The maximum daily estimated discharge shall not exceed 500 gallons/acre/day wastewater flow with a maximum discharge of 5,000 gallons per day.

Chapter 14 Sustainability, Climate Action, and Resilience – page 354 Developmenmt Services Building
Chapter 16 Noise- page 409
Sensitive Land Uses
Noise sensitive land uses are considered sensitive to noise impacts. Noise exposure goals for various types of land uses reflect the varying noise sensitivities associated with each of these uses. Noise sensitive land uses include residences, schools, libraries, hospitals/medical facilities, and assisted living facilities. These uses are considered the most sensitive to noise intrusion and, therefore have more stringent noise exposure standards than manufacturing or agricultural uses that are not subject to impacts such as sleep disturbance. The sensitive noise land uses in Palmdale are shown in Figure Figure 16.3.

EXHIBIT II

GENERAL PLAN LAND USE MAP
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City of
Lancaster
SP-Ritter Ranch
SP-Anaverde
Nuevo
SP-Rancho Vista
Lockheed Specific Plan (SP-11)
SP-Palmdale
Transit Area
SP- Antelope
Valley Business
Park
SP- Antelope
Valley Business
Park

AVENUE S

AVENUE Q

AVENUE L
FUTURE SR138
SB SR 14
NB SR 14
AVENUE P-8

AVENUE N

AVENUE T

COLUMBIA WAY / AVENUE M
AVENUE R-8

PALMDALE BLVD

SIERRA HIGHW
AY
110TH STREET EAST
120TH STREET EAST

AVENUE P
40TH STREET EAST
AVENUE L-8
90TH STREET EAST
AVENUE M-8

AVENUE O

ELIZABETH LAKE ROAD
95TH STREET EAST
25TH STREET EAST
AVENUE O-8
35TH STREET EAST

RITTER RANCH ROAD
30TH STREET W
EST

DIVISION STREET
20TH STREET EAST
30TH STREET EAST
20TH STREET WEST
15TH STREET W
EST
10TH STREET W
EST

RANCHO VISTA BL / AVENUE P
100TH STREET EAST
70TH STREET EAST
15TH STREET EAST
10TH STREET EAST
45TH STREET EAST

CITY RANCH ROAD
AVENUE N-8
5TH STREET EAST

GODDE HILL ROAD
55TH STREET EAST
60TH STREET EAST

FUTURE N/S ALIGNMENT HIGH DESERT CORRIDOR

FORT TEJON ROAD
AVENUE S-8
8TH STREET EAST
62ND STREET EAST
75TH STREET EAST
65TH STREET EAST

TECHNOLOGY DRIVE
50TH STREET W
EST
45TH STREET W
EST

BARREL SPRINGS ROAD

BLACKBIRD DRIVE
87TH STREET EAST
80TH STREET EAST
65TH STREET W
EST
60TH STREET W
EST
55TH STREET W
EST
25TH STREET W
EST

TOWN CENTER DRIVE
5TH STREET W
EST

OLD HAROLD ROAD
AVENUE P-12

RANCH CENTER DRIVE

RAYBURN ROAD

TRADE CENTER DRIVE
70TH STREET W
EST

CHESEBORO ROAD

AVENUE P

BARREL SPRINGS ROAD
AVENUE O-8
5TH STREET W
EST
15TH STREET EAST
40TH STREET EAST
30TH STREET EAST
AVENUE P-8
45TH STREET EAST
60TH STREET EAST
AVENUE M-8
30TH STREET EAST

AVENUE N
AVENUE N-8

AVENUE O
70TH STREET EAST

AVENUE Q
AVENUE R-8
AVENUE O-8

COLUMBIA WAY / AVENUE M
20TH STREET EAST

AVENUE N
20TH STREET W
EST

CITY RANCH ROAD

PALMDALE BLVD

AVENUE O
10TH STREET W
EST
AVENUE O-8
35TH STREET EAST
10TH STREET EAST
10TH STREET EAST
AVENUE S-8
¬«14
¬«138
¬«14
Lake Palmdale

AVENUE L

AVENUE T

AVENUE R
120TH STREET EAST
AVENUE P-8

AVENUE P
25TH STREET EAST

RITTER RANCH ROAD
30TH STREET W
EST

SIERRA HIGHW
AY

AVENUE O
10TH STREET W
EST

AVENUE N
45TH STREET EAST
30TH STREET EAST
60TH STREET EAST

FORT TEJON ROAD
47TH STREET EAST
40TH STREET EAST
90TH STREET EAST

COLUMBIA WAY / AVENUE M

AVENUE S

PEARBLOSSOM HIGHWAY
AVENUE M-8

DIVISION STREET

AVENUE Q
50TH STREET EAST

ELIZABETH LAKE ROAD

RANCHO VISTA BL / AVENUE P

PALMDALE BLVD
10TH STREET EAST
35TH STREET EAST
60TH STREET W
EST
20TH STREET WEST
50TH STREET W
EST

TECHNOLOGY DRIVE

AVENUE P

AVENUE N

RANCHO VISTA BL / AVENUE P
30TH STREET EAST

AVENUE S

ELIZABETH LAKE ROAD

COLUMBIA WAY / AVENUE M COLUMBIA WAY / AVENUE M

SIERRA HIGHW
AY

AVENUE O

PALMDALE BLVD

AVENUE N
90TH STREET EAST

PALMDALE BLVD

COLUMBIA WAY / AVENUE M
DIVISION STREET10TH STREET W
EST

RANCHO VISTA BL / AVENUE P

AVENUE Q
40TH STREET EAST

AVENUE S

RANCHO VISTA BL / AVENUE P

AVENUE N

AVENUE S
10TH STREET EAST

COLUMBIA WAY / AVENUE M

PALMDALE BLVD

DIVISION STREET

DIVISION STREET
20TH STREET W
EST

AVENUE S

AVENUE QPALMDALE BLVD

AVENUE N

AVENUE R

DIVISION STREET
Data Sources: City of Palmdale GIS data; World
Terrain Base, 2015 ESRI, USGS, NOAA.

Adopted by the City Council
9/21/2022
°
0 1.5 30.75 Miles
Major Highway/Arterial
Railroad
Sphere of Influence
City Boundary
Palmdale General Plan Land Use
Equestrian Residential
Low Density Residential
Single Family Residential 1
Single Family Residential 2
Single Family Residential 3
Residential Neighborhood 1
Residential Neighborhood 2
Residential Neighborhood 3
Residential Neighborhood 4
Mixed Use 1
Mixed Use 2
Mixed Use 3
Employment Flex
Neighborhood Commercial
Visitor Commercial
Regional Commercial
Health and Wellness
Educational Flex
Industrial
Aerospace Industrial
Mineral Resource Extraction
Specific Plan
Open Space
Public Facility-Park
Public Facility-School
Public Facility-Civic
Utilities
Water Body/Aqueduct
City Council Staff Report
DATE: MARCH 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: NEIGHBORHOOD SERVICES,

COMMUNITY COMPLIANCE DIVISION
DISTRICT: ALL
SUBJECT: INTRODUCTION AND ADOPT ION OF ORDINANCE NO. 1606, AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE

REVISING, DELETING, ADDING, AND STREAMLINING SELECTED

PROVISIONS OF THE PALMDALE MUNICIPAL CODE TO

PROMOTE PUBLIC HEALTH, SAFETY AND WELFARE RELATED

TO SIDEWALK VENDING, MOBILE FOOD VENDING, AND FOOD

FACILITY REGULATIONS TO STREAMLINE AND ENSURE

CONSISTENCY WITH STATE LAW (AMENDING PMC SECTIONS

5.04.590, 5.04.150, 5.04.190 , 8.24.210 , 3.44.230 ; ADDING PMC SECTION 5.04.600; ADDING PMC CHAPTER 8.46; REPEALING AND DELETING PMC SECTIONS 8.04.105, 10.04.120); AND
INTRODUCTION AND ADOPTION OF RESOLUTION NO. CC 2 023-
014, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALMDALE APPROVING PERMIT FEES FOR SIDEWALK VENDING

AND MOBILE VENDING
ISSUES
Introduction and adoption of Ordinance No. 1606, an Ordinance of the City Council of the City of Palmdale revising, deleting, adding, and streamlining selected provisions of the Palmdale Municipal Code to promote public health, safety and welfare related to sidewalk vending, mobile food vending, and food facility regulations to streamline and ensure consistency with sta te law (amend ing PMC secti ons 5 .04.590, 5.04.150,

5.04.190, 8.24.210, 3.44.230; adding PMC section 5.04.600; adding PMC chapter 8.46; repealing and deleting PMC sections 8.04.105, 10.04.120); and Introduction and adoption of Resolution No. CC 2023 -014, a Resolution of the City Council of the City of Palmdale approving permit fees for Sidewalk Vending and Mobile Vending.

Report to Mayor and City Council
Re: Introduction of Ordinance No. 1606
March 15, 2023

RECOMMENDATION
Staff recommends that the City Council:

1. Receive public testimony; and

2. Adopt Ordinance No. 1606 and Resolution No. CC 2023-014.

BACKGROUND
In recent years state law enactments and decisions have provided guidance on public vending and safety standards for food facilities, which require updating the Palmdale Municipal Code (“PMC”) to ensure consistency and compliance with state law.

Additionally, Palmdale has experienced an influx of public vending related concerns such as vendors operating under conditions posing imminent health and safety hazards to the public, noise and disturbance complaints in residential areas attributable to amplified sound produced by mobile vendors, and an increase in littering associated with lack of proper trash receptacles for vendors. These are just some of the vending concerns addressed in Ordinance No. 1606.

As such, this ordinance will revise, delete, add, and streamline PMC provisions related to sidewalk vending, mobile food vending, and food facility regulations to ensure that the PMC comports with recent state law enactments and to achieve more efficient enforcement of related violations to promote public health, safety, and welfare. The proposed ordinance addresses 3 kinds of regulations:
 Regulations for sidewalk vending consistent with Government Code section 51036 et seq.;
 Regulations of mobile vending including both vehicular and pedestrian solicitor vending; and
 Regulations of food facilities consistent with California Health and Safety Code section 113700, et seq.

The outcome of this ordinance will be to provide greater efficiency for the City of Palmdale’s (“City”) code enforcement efforts related to vending and food facilities, enhanced transparency, clarity, and ease of reference for the public concerning regulations related to vending and food facilities, and continued compliance with state laws to avoid any conflict between state and local law.

The concurrent resolution ensures that the City sets reasonable fees for the associated new business permits that are created through Ordinance No. 1606.

Report to Mayor and City Council
Re: Introduction of Ordinance No. 1606
March 15, 2023

DISCUSSION
Ordinance No. 1606 makes the following key proposals:

The proposed repeal and deletion of Section 8.04.105 ensures regulation of sidewalk vending in the City is in compliance and consistent with California Senate Bill 946— codified in Government Code section 51036 et seq. and streamlines the City’s vending procedures and processes as regulated in Section 5.04.590 and Chapter 8.46.

The proposed addition of Section 5.04.590 regulates sidewalk vending in the City in compliance with and consistent with California Senate Bill 946—codified in Government Code section 51036 et seq.—to ensure clear guidance, include constitutionally reasonable time, place, and manner restrictions to promote health, safety, and welfare concerns, and provide for enforcement remedies. Of note:
 PMC section 5.04.590(C), (D) requires a City business permit and special City business permit for operations;
 PMC section 5.04.590(E) allows for the use of California driver’s license or identification card, taxpayer identification number or a municipal identification number in lieu of a Social Security Number for licensing;  PMC section 5.04.590(F) establishes operational standards, including size limitations of carts, times of operation, areas of operation, and requiring vendors to provide adequate trash receptacles;
 PMC section 5.04.590(G) prohibits vending from carts in certain locations due to health, safety, and welfare concerns;
 PMC section 5.04.590(H) requires that food preparation comply with all State and local licensing requirements; and
 PMC section 5.04.590(I) specifies the penalties for violations of the section, including fines. It allows for any person who receives a fine to request an ability- to-pay determination for a fine reduction and offers the City Manager the discretion to allow community service, waive, or offer an alternative approach.

The proposed amendments to Sections 5.04.150 and 5.04.190 account for additional businesses, sidewalk vending and mobile vending, that require permits before business operation and removal of the pre-hearing requirement for issuance of certain business permits. Removal of the pre-hearing requirement for certain business permits reduces City costs and expenditure of City staff time on such review given that the PMC already has existing built-in procedures for any grievance if a permit is denied including availability of appeal, hearings, and related relief.

The proposed addition of Section 5.04.600 regulates mobile vending (vehicular vending and pedestrian solicitor vending) to ensure clear guidelines, streamline vending provisions, and include constitutionally reasonable time, place, and manner restrictions Report to Mayor and City Council
Re: Introduction of Ordinance No. 1606
March 15, 2023

to promote health, safety, and welfare concerns, and provide for enforcement remedies.

Specifically:
 PMC section 5.04.600(D) requires vehicle operators and pedestrian solicitors to obtain business permits and sets forth requirements for permit applications, reasons for City denial of a permit, and streamlines appeal procedure for business permit denial with other business license appeals;  PMC section 5.04.600(E) sets forth reasons for City suspension and revocation of permits, and streamlines appeal procedure for business permit suspension and revocation with other business license appeals; and
 PMC section 5.04.600(F) establishes conditions and prohibitions for vending such as restricted sales, information required to be made available to the public and City, permitted and restricted locations for vending, sanitation and trash requirements, operational requirements – hours of operation, use of amplified sounds, equipment prohibited, and prohibited sales, and additional regulations on ice cream truck vending to be consistent with safety requirements mandated in California Vehicle Code Section 22456.

The proposed addition of Chapter 8.46 places regulations on food facilities (restaurants, markets, delis, cafeterias, vending machines, certified farmers’ markets and notably mobile food facilities) to protect the public health, safety, and general welfare by providing authority for enforcement officers to inspect food facilities for imminent health hazards and greater enforcement options via closure of food facilities presenting imminent health hazards or impounding specific equipment and food presenting imminent health hazard. The Chapter provides for dual enforcement; Los Angeles County maintains primary enforcement authority while allowing Palmdale a limited enforcement role as it pertains to taking action to address imminent health hazards. The proposed Chapter provides clear guidelines for inspections of food facilities, closure of food facilities presenting imminent health hazards, impounding food and equipment presenting an imminent health hazard, and storage, reclamation, and disposition process for impounded food and equipment, violations and penalties for operating a food facility with imminent health hazards, and administrative hearings for permit suspensions. This Chapter references its source of authority, the California Health and Safety Code, throughout and heavily relies on the Code citing it in the definitions, as the authority to inspect, and for all procedures.

The proposed repeal and deletion of Section 10.04.120 ensures regulation of sidewalk vending and mobile vending are streamlined, and the PMC is in compliance and consistent with all applicable State law.

The proposed amendments to Section 3.44.230(A) allow for the use of a California driver’s license or identification card, taxpayer identification number or a municipal identification number in lieu of providing a Social Security Number for business license applications.

Report to Mayor and City Council
Re: Introduction of Ordinance No. 1606
March 15, 2023

Resolution No. CC 2023-014 accordingly sets sidewalk vendor business permits and the related business permit fee amounts, vehicle operator business permits and the related business permit fee amount, pedestrian solicitor business permits and the related business permit fee amounts, and temporary use permits for food truck mobile vending in residential zones and the related temporary use permit fee amount.

FISCAL IMPACT
There is no fiscal impact associated with this action.

STRATEGIC PLAN
Maintain effective public safety and promote health, safety, and welfare concerns relating to public vending.

Prepared by: Sara Gallagher, Community Compliance
Manager
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, Interim City Attorney

ATTACHMENTS

1. Ordinance No. 1606

2. Resolution No. CC 2023-014

CITY OF PALMDALE
ORDINANCE NO. 1606

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE TO PROMOTE PUBLIC

HEALTH, SAFETY AND WELFARE BY DELETING, AMENDING, AND ADDING SELECT

PROVISIONS OF THE PALMDALE MUNICIPAL CODE RELATED TO SIDEWALK VENDING, MOBILE

FOOD VENDING, AND FOOD FACILITY REGULATIONS TO STREAMLINE AND ENSURE

CONSISTENCY WITH STATE LAW
WHEREAS, Section VII of Article XI of the California Constitution provides that a City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws;
WHEREAS, the City Council finds it necessary to update, consolidate, and streamline the Palmdale Municipal Code (“PMC”) periodically to comply with recent state law enactments and decisions and to achieve more efficient enforcement of code violations to promote public health, safety, and welfare; WHEREAS, in light of recent state law enactments and decisions as well as recent efforts to ensure more efficient enforcement of the Palmdale Municipal and other laws which the City is empowered to enforce, the City Council has identified amendments, adoptions, and/or deletions to be made to the Palmdale Municipal code relating to regulations on street vendors; and other related provisions; WHEREAS, recent California Senate Bill 946—codified in Government Code sections 51036 to 51039—limited local authorities’ ability to regulate street vendors, including methods of enforcement, and as a result, the City Council has identified key changes to its current enforcement scheme in the PMC to comply with the new law;
WHEREAS, the City wishes to ensure that the PMC’s provisions for sidewalk vending, other forms of mobile vending including food truck and ice cream truck vending, and regulation of food facilities are consistent with State law for accuracy of enforcement and transparency for the public; and WHEREAS, said amendments, adoptions, and/or deletions of the Palmdale Municipal Code are permitted by law, including the California Constitution, Government Code, and Civil Code.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALMDALE HEREBY ORDAINS AS FOLLOWS:

SECTION 1: Section 8.04.105 of Title 8 of the Palmdale Municipal Code is hereby repealed and deleted in its entirety; however such repeal shall not affect or excuse any violation of said Section that occurred prior to the effective date of this Ordinance, nor shall such repeal impede, deter, impact, or negate any administrative, civil, or criminal enforcement of any violation of said Section that occurred prior to the effective date of this Ordinance.

SECTION 2: Section 5.04.590 of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:

5.04.590 Sidewalk Vending.
(A) Definitions. As used in this Section, the terms listed below shall have the following meaning assigned to them:
(1) “Cart” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

Ordinance No. 1606 – Efficient Enforcement of Code Violations

(2) “Certified Farmers’ Market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.
(3) “Roaming Sidewalk Vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
(4) “Sidewalk Vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path. Sidewalk vendors include roaming sidewalk vendors and stationary sidewalk vendors.
(5) “Stationary Sidewalk Vendor” means a sidewalk vendor who vends from a fixed location. (6) “Swap Meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
(7) “Vend” or “Vending” means operating as a sidewalk vendor. (B) Applicability. The requirements of this chapter shall not apply to the following persons:
(1) Persons delivering goods, wares, merchandise, or food upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution. (2) Persons selling goods, wares, merchandise, or food from a motorized vehicle, including food trucks and ice cream trucks.
(C) Business License and Special Business Permit Required. (1) No person shall operate as a sidewalk vendor without first obtaining, and at all times maintaining, a valid City business license in accordance with Section 5.04.050 and related sections of Chapter 5.04 of Title V, and complying with all requirements of the business license, unless such person qualifies for an exemption under Chapter 5.04 of Title V of this code. (2) No person shall operate as a sidewalk vendor without first obtaining, and all times maintaining, a special business permit in accordance with this Section 5.04.590 of Title V, and complying with all requirements of the permit.
(3) The special business permit shall be valid for one year unless revoked or suspended prior to expiration. An application to renew a special business permit under this section shall be made not less than thirty days prior to the expiration of the current permit. A valid business license shall be applied for or renewed concurrently with the special business permit each year. (4) A separate business license and special business permit shall be required for each cart. (D) Requirements for Permit Application. An application for a special business permit for sidewalk vending shall include all of the following, to the extent applicable:
(1) The name, address, and telephone number of the applicant and each person who will operate the cart.
(2) A photo identification of the applicant and each person who will operate the cart.

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(3) A description of the cart, including the dimensions of the cart, and a photograph of the cart. (4) A complete list of the food or merchandise to be sold. (5) If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.
(6) The vendor’s California seller’s permit number (California Department of Tax and Fee Administration sales tax number).
(7) A City of Palmdale business license.
(8) A copy of any license or permit required from any other state or local agency that is required by law, including, but not limited to, a copy of any required permit from the county health department, if required.
(9) A certification by the applicant that to his or her knowledge and belief, the information contained in the application is true.
(E) Identification Numbers; Confidentiality. Notwithstanding any other requirement in this code, an applicant for a business license or special business permit to operate as a sidewalk vendor shall not be required to submit a social security number for the issuance of such license or permit. In lieu of an otherwise required social security number, the City shall accept a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number along with the permit application, which must be provided at the time of application. Identification numbers submitted under this Section shall not be made available to the public for inspection, shall be treated as confidential, and shall not be disclosed except as required to administer the license or permit program or to comply with a state law or state or federal court order.
(F) Operational Standards.
(1) Each cart used by a sidewalk vendor must display a valid special business permit sticker at all times, which shall be issued by the City.
(2) All sidewalk vendors shall comply with the terms and conditions of the special business permit and shall not sell any food or merchandise that was not listed in the special business permit application.
(3) No stationary sidewalk vendor may operate in any residential zone; however, roaming sidewalk vendors shall not be prohibited from operating in such zones. (4) In order to preserve the peace, safety, and tranquility of residential neighborhoods, no roaming sidewalk vendor may operate in any residential zone earlier than sunrise or later than sunset. (5) In order to prevent obstructions of the public right-of-way, the total display area footprint of the cart, including the cart itself and any accompanying display, signage, or related items, shall not exceed a length of 72 inches, a width of 54 inches, or a height, including roof, awning, or canopy, of 78 inches.
(6) In order to prevent obstructions of the public right-of-way, no sidewalk vendor may set up or allow the use of an additional structure, including a table, crate, carton, or rack, to increase the Ordinance No. 1606 – Efficient Enforcement of Code Violations

selling or display capacity of the cart unless such items are explicitly allowed in the special business permit obtained by the sidewalk vendor.
(7) In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall provide a trash receptacle for customers and must ensure proper disposal of customer and vendor trash. The trash receptacle must be large enough to accommodate customer trash without resort to existing trash receptacles located on any block for use by the general public. A sidewalk vendor may not dispose of customer trash in existing trash receptacles on sidewalks. (8) In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall maintain a clean and trash-free area, including a sanitized and neat appearing cart, within a 10- foot radius around the vendor’s cart during hours of operation and shall ensure that such area is clean and trash-free before relocating or closing.
(9) In order to prevent damage to public property and prevent obstructions of the public right-of- way, no cart may be chained or fastened to any pole, sign, tree, or other object in the public right- of-way.
(10) In order to preserve the safety of the public, and prevent misuse of carts, no cart may be left unattended at any time.
(11) In order to preserve the safety of the public, to prevent misuse of carts, and to prevent obstructions of the public right-of-way, no cart may be stored, parked, or left overnight on any public street or right-of-way, or in any public park or other public property. (12) In order to preserve the safety of vehicular travelers, no sidewalk vendor may solicit business from or conduct business with persons in motor vehicles. (13) In order to preserve the safety of vehicular travelers and pedestrians, and to preserve public peace and welfare, no cart may be outfitted with any equipment, signage, or mechanism that endangers or detracts from the health, safety, or welfare of the public by causing an excessive distraction to motorists or interfering with nearby residences, business, or pedestrians, including but not limited to, sound amplification, flashing lights, smoke, steam, bubbles, gas-powered generators, or excessive fumes.
(14) In order to preserve the safety of vehicular travelers and pedestrians, any cart operated before sunrise or after sunset, or in location with insufficient lighting, shall be equipped with sufficient lighting or reflectors to alert pedestrians and vehicular travelers to the presence of the cart. (15) In order to prevent obstructions of the public right-of-way, all signage related to the vending operation shall be affixed to the cart, or otherwise, shall be in compliance with the zoning code. (G) Location of Carts. In order to ensure access to public rights-of-way by pedestrians and emergency personnel, and avoid interference with vehicular traffic, certified farmers’ markets, swap meets, and City- permitted special events, sidewalk vendors shall not operate in the following areas of the public right-of- way:
(1) Any area other than a public sidewalk or pedestrian path. (2) Within 15 feet of a fire hydrant, fire call box, or other emergency facility. (3) Within 10 feet of an entrance to or emergency exit of any building or business during the hours that the building or business is open to the public.

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(4) Within 15 feet of the outer edge of a driveway or driveway apron. (5) Within 15 feet of a transit stop.
(6) Adjacent to any marked loading zone or bus zone.
(7) Within 5 feet of a curb return.
(8) Any location that would impede entering or exiting a parked vehicle. (9) Any location that impedes the flow of pedestrian traffic by reducing the clear space to less than 4 feet or impedes access to or the use of abutting property, including, but not limited to, residences and places of business.
(10) Within 100 feet in any direction of the nearest vendor or concessionaire participating in a certified farmers’ market or swap meet during the operating hours of the certified farmers’ market or swap meet.
(11) Within 100 feet of a City-permitted special event, including but not limited to, parades, concerts, and movie filmings, unless vendor has received a permit to vend as part of the event. For moving events, vending shall be prohibited within 100 feet of any portion of the approved event route. For stationary events, vending shall be prohibited within 100 feet of the parcel boundary for the location of the event.
(12) Within 200 feet of any public or private school grounds between 7:00 a.m. and 4:00 p.m. on school days, and during any other time when in use and creating high vehicular traffic, such as uses for major sporting events.
(13) Upon or within any roadway, median strip, or dividing section. (14) Any public sidewalk location when the straight path would not allow for 48 inches, or as the law updates, of clear width walking space of any sidewalk to be in compliance with Americans with Disabilities Act (ADA) regulations.
(15) Any public sidewalk where there is a 180 degree turn path for sidewalk ramps and corner curbs when the location would not allow for 42 inches approaching the turn, 48 inches at the turn, and 42 inches leaving the turn, or as the law updates, of clear width walking space of any sidewalk to be in compliance with ADA regulations.
(H) Special Requirements for the Sale of Food. All sidewalk vendors that prepare or sell food must be in compliance with all county and State permitting and licensing requirements for the preparation or sale of food.
(I) Penalties. For purposes of this Section, “sidewalk vending program” refers to the provisions of Sections

5.04.590(F) through 5.04.590(H) and Section 8.24.210, inclusive, and the requirement to obtain a special business permit pursuant to Section 5.04.590(C)(2).
(1) A violation of any provision in Sections 5.04.590(F) through 5.04.590(H) and Section 8.24.210, inclusive, may only be punished by the following:
(a) An administrative fine not exceeding one hundred dollars ($100) for a first violation.

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(b) An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation.
(c) An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.
(d) Rescission of the sidewalk vendor’s special business permit for the term of that permit upon the fourth violation or subsequent violations.
(2) Vending without a special business permit may be punished by the following:
(a) An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.
(b) An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation.
(c) An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation.
(3) Upon proof of a valid special business permit, an administrative fine imposed under Section

5.04.590(I)(2) shall be reduced to the respective administrative fine set forth in Section

5.04.590(I)(1).
(4) No other fines, fees, assessments, or financial conditions shall be imposed for violation of the sidewalk vending program other than those imposed by Section 5.04.590(I)(1) and (2). (5) Notwithstanding any other provision of this code, neither a violation of the sidewalk vending program as codified in Sections 5.04.590(F) through 5.04.590(H) and Section 8.24.210, inclusive, nor a failure to pay an administrative fine, imposed by Section 5.04.590(I)(1) or (2) shall be punishable as an infraction or misdemeanor.
(6) Any person who receives an administrative fine under Section 5.04.590(I)(1) or (2) shall have the right to request an ability-to-pay determination.
(a) The City shall give any such person written notice of his or her right to request an ability-to-pay determination as well as instructions and other materials for requesting an ability-to-pay determination at the time that the administrative fine citation is issued. (b) A right-to-pay determination may be requested at any time following the issuance of the administrative fine citation until the fine is paid, including when payment of the fine is delinquent or has been referred to a collection program. (c) Upon receipt of a request for an ability-to-pay determination, the City manager or his or her designee shall determine whether such person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code. The determination of the City manager or his or her designee shall be final. (d) If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the City shall reduce the fine to twenty percent (20%) of the amount of the fine originally imposed.
(7) The City manager may, in his or her discretion, allow a person who receives an administrative fine under Section 5.04.590(I)(1) or (2) to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

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(8) Nothing in the chapter shall be construed to limit the City’s ability to enforce, or remedies for enforcing, laws of general applicability or other provisions of this code against sidewalk vendors, or to take any other enforcement actions against sidewalk vendors that are not prohibited by state or federal law, or which are allowed by this code.

SECTION 3: Section 5.04.150 of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:
(A) No person shall commence, conduct or purport to commence or conduct the following business activities without a valid business permit:
(1) Adult-oriented businessesº;
(2) Ambulances and ambulance drivers+;
(3) Billiards;
(4) Bingo;
(5) Carnivals and concessionsº+;
(6) Dance halls and dancesº;
(7) Entertainmentº;
(8) Introductory servicesº;
(9) Fortunetelling;
(10) Game arcades;
(11) Gun dealers;
(12) Health clubs;
(13) House and street numbering;
(14) Hypnotist+;
(15) Locksmith;
(16) Massage establishments and massage techniciansº;
(17) Motion picture theater+;
(18) Pawnbrokers and secondhand dealers;
(19) Sidewalk vending;
(20) Reserved;
(21) Private patrol service;
(22) Family entertainment center+º;
(23) Swap meet;
(24) Taxicabs and taxicab drivers+;
(25) Tobacco/smoking product retailer;
(26) Tow trucks+;
(27) Mobile vending.
+ Indicates that such business activity is subject to insurance or bond requirements. º Indicates that such business activity requires a permitted manager pursuant to PMC 5.04.050. (B) The regulations pertaining to specified businesses or business activities requiring a business permit are set forth in Article II of this chapter commencing with PMC 5.04.400.

SECTION 4: Section 5.04.190 of Title 5 of the Palmdale Municipal Code is hereby amended to read as follows:

5.04.190 Reserved
SECTION 5: Section 5.04.600 is hereby added to Title 5 of the Palmdale Municipal Code, and is to read in its entirety as follows:

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5.04.600 MOBILE VENDING
(A) Purpose and intent.

It is the City’s responsibility to promote the health, peace, safety, welfare and convenience of all persons in regards to their use and enjoyment of public lands. The City Council finds it necessary to regulate mobile vending for this purpose while ensuring that all such regulations comport with applicable law.

Reasonable regulations are necessary to ensure that mobile vending is operated in accordance with health, safety and traffic laws of the state and the parking ordinances of the City; do not cause public safety problems by contributing to traffic congestion or by creating pedestrian and vehicular conflicts; and do not disturb the quiet use and peaceful enjoyment of residential neighborhoods. The regulations in this Section are enacted to ensure consistency with State law, including Section 22455 of the California Vehicle Code related to ice cream truck vending and California Health and Safety Code Section 114315 et seq. (the “California Retail Food Code”) for food handling, as each may be amended. (B) Definitions. As used in this Section, the terms listed below shall have the following meaning assigned to them:
(1) “Food establishment” means any restaurant or grocery store with a permanent store front location.
(2) “Goods or merchandise” means and includes items and tangible things and products of every kind and description, including any food, produce, and/or beverage items. (3) “Human powered device” means any device moved by human power, including, but not limited to, any pushcart, wagon, bicycle, tricycle, or other wheeled device or conveyance. (4) “Ice cream truck” means any motor vehicle requiring license from the California Department of Motor Vehicles which is used to vend at retail:
(a) Prepackaged frozen dairy or water-based food products; or (b) Soft-serve or hand-dipped frozen dairy or water-based products; irrespective of whether or not the ice cream truck carries other prepackaged food products. (5) “Mobile food truck” means a motorized vehicle or mobile food unit that should be licensed by the Department of California Department of Motor Vehicles (whether licensed or not), designed and equipped to prepare, or serve, and sell food, and temporarily stored in a location where food items are sold to the general public.
(6) “Pedestrian Solicitor” means a person vending goods or merchandise from their person without the use of a vehicle.
(7) “Person” means any natural person, firm, partnership, association, corporation, or other entity of any kind or nature.
(8) “Public property” means any real property, or interest therein, owned, leased, operated, or otherwise controlled by the City other than a street, alley, parkway, or sidewalk. (9) “Vehicle” means a motorized vehicle or mobile food unit that should be licensed by the Department of California Department of Motor Vehicles (whether licensed or not), designed and Ordinance No. 1606 – Efficient Enforcement of Code Violations

equipped to prepare, or serve, and sell food, and temporarily stored in a location where food items are sold to the general public as well as any trailer or other similar apparatus that can be attached to a motorized vehicle whether attached at the time of vending or not, and shall not include any human powered device and shall include an ice cream truck and mobile food truck. (10) “Vehicle Operator” means any person or entity owning a ten percent or greater interest in, or operating or otherwise controlling, any business involving the vending of goods or merchandise from a vehicle.
(11) “Vend” or “Vending” means the sale or offering for sale of any goods or merchandise to the public by a vehicle operator or pedestrian solicitor on a public street, private street open to the public, or other public property.
(12) “Vendor” means any pedestrian solicitor or any vehicle operator, and/or any employee, independent contractor, or other person acting on behalf of or for the benefit of a pedestrian solicitor or vehicle operator, who engages in the act of vending. (C) Applicability. This Section is intended to apply to all vending at any locations within the City. However, it does not apply in the following circumstances:
(1) Sidewalk vending described in Section 5.04.590 of Title 5 of the Palmdale Municipal Code if all legal requirements therein are met.
(2) Contractual or other private arrangement between a vendor and an individual or entity that wishes to have food catered to a specific location on private land and which is not open to the public subject to the following: the vendor shall possess and at all times display in conspicuous view upon their vehicle in connection with a vehicle operator or upon their person in connection with a pedestrian solicitor, a copy of the contractual document or other private arrangement detailing the terms of the agreement along with the name and contact information of the individual or entity that agreed to have food catered on private lands.
(3) Any person delivering any goods or merchandise by vehicle where such goods or merchandise have been ordered in advance for such delivery from any business located at a permanent location.
(4) Any person vending where such person has been authorized to engage in such activity by a permit, lease, real property license, agreement, or other entitlement issued by the City, state or federal government for such purpose.
(5) Any person exempted from the provisions of this chapter by any local, state or federal law, regulation or statute.
(D) Vehicle operator and pedestrian solicitor permits.

Any person desiring to obtain a vehicle operator’s permit to conduct or otherwise operate the business of vending goods or merchandise from a vehicle pursuant to this chapter shall file an application with the business license division of the finance department. Such application shall be accompanied by a nonrefundable application fee in such amount as established by resolution of the City Council. Any such permit shall be valid for one year from date of issuance. The permit may be renewed annually, subject to filing of a new application and payment of a new application fee.

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(1) Vehicle Operator. Each permit applicant for a vehicle operator permit shall furnish the following information and documentation in the application:
(a) The street address where the office of the business is or will be located; (b) The full, true name under which the business will be conducted; (c) The full, true name and any other names used by the applicant along with a copy of a corresponding California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number. Identification numbers submitted under this Section shall not be made available to the public for inspection, shall be treated as confidential, and shall not be disclosed except as required to administer the permit program or to comply with a state law or state or federal court order; (d) The present residence and business addresses and telephone numbers of the applicant, each ten percent or greater owner of the business, and all persons who will act as a vendor for the applicant, whether as an employee, contractor, or otherwise; (e) A detailed description of the goods or merchandise which the applicant will vend; (f) The make, body style, year, VIN number, state license plate number, names and addresses of each registered and legal owner of each vehicle and a copy of a valid vehicle registration for the subject vehicles;
(g) A description of the logo, color scheme, insignia, and any other distinguishing characteristics identifying applicant’s business that will appear on each vehicle; (h) The name, residential address, and telephone number of the applicant and individuals primarily responsible for managing the day to day operation of the vending business and/or performing any vending on behalf of the operator along with an email and cellular number for such individuals;
(i) Evidence of compliance with the insurance requirements of the Vehicle Code as to each vehicle; and
(j) The details of any known contractual or other private arrangement between a mobile food truck and an individual or entity that wishes to have food catered to a specific location on private land and which is open to the public. If this Section is applicable, the permit application shall include the name and contact information of the individual or entity that wishes to have food catered on private lands as well as a copy of the contractual document or other private arrangement detailing the terms of the agreement. (2) Pedestrian Solicitor. Each permit applicant for a pedestrian solicitor permit shall furnish the following information and documentation in the application:
(a) The street address where the office of the business is or will be located; (b) The full, true name under which the business will be conducted; (c) The full, true name and any other names used by the applicant along with a copy of a corresponding California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number. Identification numbers submitted under this Section shall not be made available to the public for inspection, shall Ordinance No. 1606 – Efficient Enforcement of Code Violations

be treated as confidential, and shall not be disclosed except as required to administer the permit program or to comply with a state law or state or federal court order; (d) The present residence and business addresses and telephone numbers of the applicant, each ten percent or greater owner of the business, and all persons who will act as a vendor for the applicant, whether as an employee, contractor, or otherwise; (e) A detailed description of the goods, merchandise, or services which the applicant will vend; and
(f) The name, residential address, and telephone number of the applicant and individuals primarily responsible for managing the day to day operation of the vending business and/or performing any vending on behalf of the pedestrian solicitor along with an email and cellular number for such individuals.
(j) The details of any known contractual or other private arrangement between a pedestrian solicitor and an individual or entity that wishes to have food catered to a specific location on private land and which is open to the public. If this Section is applicable, the permit application shall include the name and contact information of the individual or entity that wishes to have food catered on private lands as well as a copy of the contractual document or other private arrangement detailing the terms of the agreement. (3) The business license division shall be authorized to investigate the truth of the facts set forth in the application. Each application shall be approved or denied within a reasonable amount of time.
(4) Permit Denial. Any permit applied for under the provisions of this chapter may be denied for any of the following causes:
(a) One of the departments or officers performing a review of the permit renewal application has recommended denial of, or the imposition of additional conditions upon, such permit.
(b) If the City finds that the applicant knowingly made any false, misleading or fraudulent statements of material fact in the application for the permit. (c) The applicant has been convicted of any violation of this code, any code adopted and incorporated by the City into this code, the California Penal Code, the Health and Safety Code, the Business and Professions Code, or any other State or Federal law. (d) Failure to comply with the requirements of this Section or other provisions of the code by the applicant and/or the vehicle operator or pedestrian solicitor in connection with any property, business, or other dealing with the City.
(e) Fees, fines, or other penalties owing the City that are due and payable by the applicant and/or the vehicle operator or pedestrian solicitor in connection with any property, business, or other dealing with the City.
(5) Appeal Procedure. Written notice of denial, setting forth the grounds for denial, shall be served on the applicant. Any person aggrieved by a denial of a permit pursuant to this Section may appeal such denial to the City manager or designee pursuant to the procedures set forth in Section

5.04.340. To seek an appeal, said person must submit a written request for an administrative hearing with a statement of why the denial did not merit any of the grounds for denial under subdivision (D)(4) of this Section to the City clerk within ten days after service of notice of the City Ordinance No. 1606 – Efficient Enforcement of Code Violations

manager’s decision or designee. Upon receipt of a timely appeal, the aggrieved party shall be given notice of a hearing and a hearing shall be held pursuant to Sections 5.04.340–360. (6) Each permittee shall notify the business license division, in writing, within 10 business days of any change in the required application information under subdivision (D)(1) and (D)(2) of this Section.
(E) Suspension and revocation of permit.
(1) Any vehicle operator’s permit or pedestrian solicitor’s permit may be temporarily suspended or revoked by the business license division for any of the following reasons:
(a) Provision of false information on the permit application. (b) Failure of the permittee to notify the business license division within ten business days of any change in the information supplied by the permittee upon which issuance of the permit was based, occurring subsequent to the issuance of the permit. (c) There is substantial evidence of a violation by the permittee, any employee, subcontractor of the permittee, or any other person acting on the permittee’s behalf, of this chapter or any other local, state, or federal law constituting a misdemeanor or felony while in the course of conducting vending operations pursuant to the permit. (d) While in the course of vending, driving of a vehicle by a vendor not possessing a valid driver’s license, or operation of a vehicle found by police inspection to be unsafe and in violation of the Vehicle Code.
(e) The permittee no longer operates in accordance with the information and documentation supplied in connection with the vehicle operator permit application set forth in Section 5.04.600(D)(1).
(f) The permittee no longer operates in accordance with the information and documentation supplied in connection with the pedestrian solicitor permit application set forth in Section

5.04.600(D)(2).
(g) The permittee has been convicted of any violation of this code, any code adopted and incorporated by the City into this code, the California Penal Code, the Health and Safety Code, the Business and Professions Code, or any other State law. (h) Fees, fines, or other penalties owing the City that are due and payable by the applicant and/or the vehicle operator or pedestrian solicitor in connection with any property, business, or other dealing with the City.
(2) Appeal Procedure. Written notice of suspension or revocation, setting forth the grounds for suspension or revocation, shall be served on the offending permittee. The notice shall advise the permittee of the right to file a written appeal. Any person aggrieved by a suspension or revocation of a permit pursuant to this Section may appeal such denial to the City manager or designee pursuant to the procedures set forth in Section 5.04.340. To seek an appeal, said person must submit a written request for an administrative hearing with a statement of why the suspension or revocation did not merit any of the grounds for suspension or revocation under subdivision (E)(1) of this Section to the City clerk within ten days after service of notice of the City manager’s or designee’s decision. Upon receipt of a timely appeal, the aggrieved party shall be given notice of a hearing and a hearing shall be held pursuant to Sections 5.04.340–360.

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(3) No person whose permit is revoked shall be eligible to apply for a new permit for a period of one year following such revocation.
(4) Notices required or permitted to be served pursuant to this Section may be served personally, or by mailing by certified or registered mail with proof of delivery at the residential address of record, or by licensed courier or delivery service with proof of personal delivery, or in any other manner provided by law.
(F) Conditions and prohibitions. It is unlawful for any pedestrian solicitor or vehicle operator to sell or offer for sale any goods, merchandise, or services upon any public street or private street open to the public, except in accordance with all applicable provisions of this Code, all state and federal laws and regulations, the terms of their city-issued permit, and in compliance with each of the following requirements:
(1) Information Made Available to the Public and City.
(a) Each vendor shall possess and at all times display in conspicuous view upon their person or upon each vehicle, as the case may be, the actual business name and telephone number, and a City business certificate issued pursuant to Title 5. (b) Each vendor shall possess and display upon request by any potential customer or City representative, a vehicle operator’s permit or pedestrian solicitor’s permit issued pursuant to this chapter, or a full, true and correct copy thereof. (c) Each vendor causing the sale of or offering for sale any produce or other food item for which a food handling permit or other health permit from the county health department required by law shall possess and present such required permits. Vendors must at all times display such required permits in conspicuous view upon such vehicle or have on their immediate person ready to present at all times.
(d) Each vendor who enters into a contractual or other private arrangement with an individual or entity that agrees to have food catered to a specific location on private land and which is open to the public shall possess and at all times display in conspicuous view upon their person or vehicle a copy of the contractual document or other private arrangement detailing the terms of the agreement along with the name and contact information of the individual or entity that agreed to have food catered on private lands. (e) Each vendor shall possess and wear upon their person a City-issued badge, issued in connection with this Chapter.
(2) Location.
(a) Vending is permitted only on public streets or private streets open to the public, and is not permitted in or upon any alley, parkway, sidewalk, or other kind of public property.

Further, vending with a vehicle is not permitted in residential zones unless said vending is approved by the City in such zone in connection with a validly issued special event permit or temporary use permit, pursuant to Section 17.27.030, prior to engaging in any residential vending.
(b) No vending shall be permitted within 50 feet of any intersection of two or more streets or any location that may impede a sidewalk or pedestrian traffic. (c) No vending shall be permitted within 1,000 feet of the front entrance of any public or private elementary, junior high, or high school.

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(d) No vending shall be permitted within 1,000 feet of the front entrance of any food establishment.
(e) No vending shall be permitted on City streets with a speed limit at or above 45 miles per hour.
(f) No vending shall be permitted at any public park unless the vending occurs as part of a City-sponsored function and the vendor has applied for and received a written endorsement on the operator permit expressly authorizing such vending. (g) No vehicle shall be parked, stopped, or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon the public street.
(h) No vending shall be permitted until the vehicle has been brought to a complete stop and lawfully parked adjacent to the curb.
(i) No vendor shall operate in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon the public street. (j) Vehicle vending shall be only by means of a vehicle duly registered and licensed by the state with an unladen weight of less than 6,000 pounds. (k) All vending must ensure the safe and proper disposals of fats, oils, and greases (“FOGs”) and be in compliance with applicable disposal regulations, including Los Angeles County Code (LACC), Title 20, Division 2, other laws, regulations, and ordinances concerning proper disposal of FOGs and other industrial wastes and health and safety State, local, and Federal laws.
(3) Sanitation and Trash.
(a) Each vehicle shall be equipped with a trash receptacle of a size adequate to accommodate all trash and refuse generated by vending therefrom. (b) Each vendor shall pick up and deposit in the trash receptacle on the vehicle all paper, cups, wrapper, litter, or other refuse of any kind that was a part of the goods or merchandise supplied from the vehicle and which has been left or abandoned within 50 feet of such vehicle on any public property, other than in a trash receptacle provided for such purposes.

No person shall dispose of any trash or refuse from vending operations in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of the vendor or operator. (c) Each pedestrian solicitor shall operate within 100 feet of a trash receptacle. (4) Operation – Hours, Amplified Sounds, Equipment, Prohibited Sales. (a) Vending is permitted only between sunrise and sunset in residential zones. (b) Any use of amplified sound-making devices, to advertise, draw attention to, or announce the presence of a vendor, shall also comply with all applicable noise and sound regulations effective within the City.

Ordinance No. 1606 – Efficient Enforcement of Code Violations

(c) No vending under this Section may utilize chairs, tables, or other equipment unless City approval is given through an issued permit under this Section. (d) It is unlawful for any vendor to sell any item or thing which is otherwise prohibited from being sold within the City, including, but not limited to, any goods or products not identified in the application for a vehicle operator’s permit or pedestrian solicitor’s permit. (5) Additional Regulations on Ice Cream Truck Vending.
(a) Safety and Sanitation.
(i) Each vendor shall ensure that the standard warning flashers shall be in operation immediately upon the vehicle stopping to vend and cease operation as the vehicle begins to move after vending.
(ii) Each vendor shall have signs painted or mounted on the front and back of each vehicle using black four-inch tall letters on a yellow background with a black one- inch border around each sign. The sign on the front and back of each vehicle shall read “CHILDREN CROSSING” and be eight inches high by forty-eight inches wide.

An additional sign or signs shall be painted or mounted on the rear of each vehicle above the first sign and shall read “WARNING” in English, Spanish, and Vietnamese, using the same size letter and paint requirements. (iii) Each ice cream truck vendor shall pick up and deposit in the trash receptacle on the ice cream truck all paper, cups, wrapper, litter, or other refuse of any kind that was a part of the goods or merchandise supplied from the vehicle and which has been left or abandoned within 50 feet of such vehicle on any public property, other than in a trash receptacle provided for such purposes. No person shall dispose of any trash or refuse from vending operations in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of the vendor or operator. (iv) Each vendor shall have any other safety equipment and follow any other requirements mandated by the California Vehicle Code.
(b) Operation – Hours, Amplified Sounds, Location, Required Sales. (i) Hours. Ice cream truck vending is permitted only between sunrise and sunset. (ii) Amplified sound use by ice cream truck vendors. Any use of amplified sound- making devices, to advertise, draw attention to, or announce the presence of such vendor, shall also comply with all applicable noise and sound regulations effective within the City in addition to the following:
(1) No person shall use, play or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream truck when the ice cream truck is stationary. (2) No person shall use, play or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream truck after sunset, whichever occurs first.

Ordinance No. 1606 – Efficient Enforcement of Code Violations

(3) No person shall use, play or employ any sound, outcry, amplifier, production loudspeaker, or any other instrument or device for the of sound from an ice cream truck in such a manner to create a disturbance of the peace.
(c) Location.
(i) No vending from such vehicle shall be permitted on City streets with a speed limit above 25 miles per hour.
(ii) No person shall stop to vend from an ice cream truck within 200 feet of another ice cream truck that has already stopped to vend.
(d) Prohibited sales. Ice cream truck vendors shall only sell frozen or refrigerated desserts, confections, or novelties commonly known as ice cream, or prepackaged candies, prepackaged snack foods, or soft drinks.
(G) Special Events. Nothing in this Section shall affect the city’s ability to host, sponsor, allow, or authorize special events approved for vending purposes or with vending components.

SECTION 6: Section 8.24.210 of Title 8 of the Palmdale Municipal Code is hereby amended to read as follows:
(B) No stationary sidewalk vendor may operate in a City-owned or City-operated park if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.

SECTION 7: Chapter 8.46 is hereby added to Title 8 of the Palmdale Municipal Code, and is to read in its entirety as follows:

Chapter 8.46

REGULATION OF FOOD FACILITIES
Sections:

8.46.010 Purpose and intent.

8.46.020 Definitions.

8.46.030 Right of inspection.

8.46.040 City inspection to identify immediate public health or safety hazards.

8.46.050 Storage and reclamation process.

8.46.060 Violations and penalties.

8.46.070 Public nuisance declared.

8.46.080 Right to administrative hearing.

8.46.090 Severability.

8.46.010 Purpose and intent.

The purpose of this chapter is to protect the public health, safety, and general welfare by regulating food facilities.

8.46.020 Definitions.

As used in this chapter, the terms listed below shall have the meaning assigned them:

Ordinance No. 1606 – Efficient Enforcement of Code Violations

(A) “Enforcement Officer” means the Los Angeles County Director of the Department of Environmental Health or the City of Palmdale Senior Code Enforcement Officer, and their respective designees. (B) “Equipment” means any utensil, tool, pot, vessel, container, or other implements used in a hawking or vending operation or activity and any cart, pushcart, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.
(C) “Food” means any substance intended for human consumption sold or otherwise provided by a food facility.
(D) “Food Facilities” means a food facility as defined in Section 113789 of the California Health and Safety Code. These are commonly referred to as restaurants, markets, delis, cafeterias, mobile food facilities, mobile support units, vending machines, and certified farmers' markets. This definition also includes commercial food establishments.
(E) “Food Preparation” means food preparation as defined in Section 113791 of the California Health and Safety Code.
(F) “Imminent Health Hazard” means significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that can cause food infection, food intoxication, disease transmission, vermin infestation, or hazardous condition that requires immediate correction or cessation of operation to prevent injury, illness, or death as defined in Section 113810 of the California Health and Safety Code. (G) “Permit” means the document issued by the Los Angeles County Department of Health that authorizes a person to operate a food facility as defined in Section 113851 of the California Health and Safety Code. (H) “Responsible Party” means the legal owner or the person from whose possession equipment or food was impounded.

8.46.030 Right of inspection.

Pursuant to California Health and Safety Code Section 114390, the enforcement officer shall have the right to inspect any food facility, or any facility suspected of being a food facility, during the food facility’s hours of operation or at any other reasonable time.

8.46.040 City inspection to identify imminent health hazards. (A) The enforcement officer through the City may inspect each food facility at regular intervals to ensure no facility or establishment presents an imminent health hazard. All food facilities shall comply with those requirements set forth in the California Retail Food Code, as amended and appearing in California Health and Safety Code Sections 113700, et seq.
(B) In the event the enforcement officer through the City identifies conditions presenting an imminent health hazard, the enforcement officer may:
(1) Temporarily suspend the permit and order immediate closure of a food facility pursuant to Health and Safety Code Section 114409 whenever the enforcement officer reasonably believes the facility or establishment presents an imminent health hazard; and/or (2) An enforcement officer may impound equipment or food found to be, or suspected of being, unsanitary or in such disrepair that food or equipment may become contaminated or adulterated pursuant to Health and Safety Code Section 114393 or otherwise presents an imminent health hazard.

Ordinance No. 1606 – Efficient Enforcement of Code Violations

(C) Whenever a permit is suspended pursuant to Section 8.46.040(B)(1) as the result of an imminent health hazard, the enforcement officer shall issue to the permitholder a notice setting forth the acts or omissions with which the permitholder is charged, specifying the pertinent code section, and informing the permitholder of the right to a hearing.
(D) Whenever equipment is impounded pursuant to Section 8.46.040(B)(2) as a result of an imminent health hazard, the enforcement officer shall tag the equipment and shall issue a receipt for impound setting forth the imminent health hazard and providing details for reclamation. (E) Whenever food is impounded pursuant to Section 8.46.040(B)(2) as a result of an imminent health hazard, the enforcement officer may destroy the food upon determination that storage would be unsanitary.

If the enforcement officer determines that storage of the food is feasible, the enforcement officer may tag the food and shall issue a receipt for impound setting forth the imminent health hazard and providing details for reclamation.

8.46.050 Storage, reclamation, and disposition process. (A) Whenever equipment or food is impounded pursuant to Section 8.46.040(B)(2), the enforcement officer shall move the impounded equipment or food to a designated place of storage at the City through the Code Enforcement Division. The City shall maintain a record of the date and manner of coming into possession of the impounded equipment or food, adequate description of the same, and the dates of storage and disposition of the equipment or food.
(B) The impounded equipment or food will be stored and made available for release for a period of 30 days from the date the equipment or food was impounded, after which time, if not claimed, it may be subject to disposition as provided in this chapter or as otherwise provided by law. Upon expiration of that initial 30 day period, the City shall provide one final notice if the responsible party does not seek reclamation pursuant to subdivision (1) of this Section.
(1) Reclamation. During the 30 day holding period pursuant to Subdivision (B) of this Section, the responsible party may repossess the equipment or food provided he or she presents to the City’s Code Enforcement Division the receipt of impoundment and provides proof of ownership or otherwise provides proof of ownership by, among other methods, describing the location and date when the equipment or food was impounded from public area, and providing reasonably specific and detailed description of the personal property as well as photographic identification, as defined in Section 1.04.100. If ownership cannot be determined to the satisfaction of the Code Enforcement Division, the City may refuse to return the equipment or food until ordered to do so by a court of competent jurisdiction; however, the impounding agency shall continue to hold the equipment or food until such determination is made. (2) Disposition other than reclamation. If no responsible party seeks reclamation during the 30 day holding period pursuant to Subdivision (B) of this Section, the City may determine how to dispose of the impounded equipment or food pursuant to the following process:
(a) 60 Day Final Notice. Upon expiration of the 30 day holding period pursuant to Subdivision (B) of this Section, the Code Enforcement Division will issue a 60 Day Final Notice to the responsible party providing details for reclamation and notice of disposition after expiration of the 60 day final notice period.
(b) City Disposition After Expiration of 60 Day Final Notice. Upon expiration of the 60 day final notice period, any remaining equipment or food not claimed may be appropriated to the City upon order from the City manager or designee that the equipment or food can be used for a public use. Any equipment or food not appropriated to the City may be sold at Ordinance No. 1606 – Efficient Enforcement of Code Violations

a public auction or disposed of in such a manner as deemed appropriate by the City manager or designee.
(C) The City shall not be required to undertake any search for, or return, any impounded equipment or food stored other than provided in this Section.

8.46.060 Violations and penalties.

It is unlawful to have any immediate health hazard upon any food facilities within the City and is punishable as set forth in PMC Chapter 1.12 as a misdemeanor, consistent with Health and Safety Code Section 114395.

8.46.070 Public nuisance declared.

In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this code shall be deemed a public nuisance and may be abated as such by the City enforcement officers as provided in PMC Chapter 8.36, irrespective of any other remedy hereinabove provided. Each day such condition continues shall constitute a new and separate offense.

8.46.080 Administrative hearing.
(A) Request for hearing.
(1) The owner or other responsible person who was issued a notice pursuant to Section

8.46.040(C) may contest the enforcement officer’s permit suspension by filing a timely and complete request for an administrative hearing on a City-approved form with the Office of the City Clerk, 38300 Sierra Highway, Palmdale, CA 93550, within 15 calendar days from the issuance date of the notice. Failure to file a request for a hearing in the office of the City Clerk within the required period shall have waived the right to a hearing and admitted that the permit suspension was reasonable and justified. In that event, the permit suspension by the enforcement officer is final.
(2) A request for a hearing shall state: the date and number of the notice; the address or location of the business; the name, address, telephone and any facsimile numbers, where the person requesting the hearing may be contacted; a statement explaining why he or she believes that the permit suspension was unwarranted.
(B) Timing of hearing.
(1) The hearing will be conducted within 15 days of the date a timely and complete request is received by the office of the City Clerk. The City Clerk or his or her designee will notify the persons requesting the hearing in writing by first class mail of the date, time and place set for the hearing at least 5 calendar days prior to the date of the hearing. Service of this notice is deemed complete at time of mailing.

The failure to receive a properly addressed notice of hearing shall not invalidate any hearing, City action or proceeding conducted pursuant to this chapter.; and the date and signature of the person requesting the hearing.
(C) Hearing procedures.
(1) At least 3 City business days prior to the date set for the hearing, the enforcement officer and the persons requesting the hearing (or their representatives) shall ensure that a copy of all reports, statements or pictures or other evidence they wish to be considered in connection with the hearing is exchanged so that such information may be considered by the Hearing Officer and all parties to the hearing (by the enforcement officer to each person requesting the hearing and by each person requesting the hearing to the City Clerk). Such exchange is to occur by first class mail. However, if the parties agree, the enforcement officer and the person requesting a hearing may exchange copies of their evidence via email Ordinance No. 1606 – Efficient Enforcement of Code Violations

in addition to or in lieu of first class mail. Failure to receive such documents shall not invalidate any hearing, City action or proceeding conducted pursuant to this Chapter. (2) The Hearing Officer designated or appointed by the City Manager or his or her designee shall hear all requests for hearings pursuant to this Chapter in accordance with the procedures established herein.
(3) The person requesting a hearing may appear at the hearing in person or by written declaration executed under penalty of perjury. Said declaration and any documents in support thereof shall be tendered to and received by the office of the City Clerk at least three City business days prior to the hearing. If such person fails to attend the scheduled hearing and does not submit a written declaration in a timely manner, he or she shall be deemed to have waived the right to a hearing. In such an instance, the Hearing Officer shall issue an order and judgment in favor of the City. (4) At the hearing, the hearing officer shall accept reliable evidence from any person if such evidence bears on the issue of whether suspension of the permit was proper as stated in the notice. The hearing officer is authorized to take testimony and is authorized to administer oaths or affirmations pursuant to California Code of Civil Procedure Section 2093(a). The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing. (5) Administrative hearings are informal and formal rules of evidence and discovery do not apply.

The City bears the burden of proof to establish, by competent evidence, the existence of circumstances warranting permit suspension, by a preponderance of evidence. The person requesting the hearing and the enforcement officer (or their representatives) shall have an opportunity to present evidence and witnesses and to cross-examine witnesses. A person requesting the hearing may bring an interpreter to the hearing, provided there is no expense to the City therefor. The Hearing Officer may question any person who presents evidence or who testifies at any hearing.
(6) Hearings may be continued once at the request of a person requesting the hearing or the enforcement officer who issued the notice and order to abate. The Hearing Officer may also continue the hearing for cause.
(D) Hearing decision.
(1) Based upon the evidence regarding the suspension of the permit submitted in connection with the hearing, the Hearing Officer shall determine whether the permit suspension was warranted. As soon as is practicable following the close of such hearing, and no later than 14 business days following the close of the hearing unless cause exists therefor, the Hearing Officer shall render a written decision on the matter.

If the permit suspension is upheld, the Hearing Officer shall issue an order. The Hearing Officer shall promptly give written notice to the person requesting the hearing and any other interested person who requests, in writing, notice of such decision, including a copy of the order. The order issued by the Hearing Officer shall be deemed a final order and may be judicially reviewed pursuant to California Code of Civil Procedure Section 1094.6. There is no right to an appeal to the City Council.

8.46.090 Severability.

In any provision, clause, sentence or paragraph of this chapter, or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provision or application and, to this end, the provisions of this chapter are hereby declared to be severable.

SECTION 8: Section 10.04.120 of Title 10 of the Palmdale Municipal Code is hereby repealed and deleted in its entirety.

Ordinance No. 1606 – Efficient Enforcement of Code Violations

SECTION 9: Section 3.44.230, subdivision A, of Title 3 of the Palmdale Municipal Code is hereby amended to read as follows:
(A) The name, home address, telephone number, and Social Security number of the applicant. In lieu of providing a Social Security number, the applicant can provide any of the following: a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number of the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation. Additionally, there shall be included the names, addresses and telephone numbers of all directors, any stockholder holding 10 percent or more of the shares of the corporation, and the name, home address and telephone number of an officer who is duly authorized to accept service of legal process. If the applicant is a partnership, the names, home addresses and telephone numbers of each general partner shall be stated. If one or more of the partners is a corporation, the provisions of this subsection pertaining to a corporate applicant shall apply to that partner;
SECTION 10: Nothing in this Ordinance shall be construed to affect any suit in any court and related liabilities, nor shall anything in this Ordinance be construed to affect or excuse any violation of or criminal, civil, or administrative process, proceeding, or agreement concerning the codes repealed in existence prior to the effective date of this Ordinance.

SECTION 11: If any section, subsection, paragraph, sentence, clause or phrase of these provisions of the Palmdale Municipal Code is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of the provisions of the Palmdale Municipal Code. The City Council declares that it would have adopted these provisions of the Palmdale Municipal Code, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.

SECTION 12: This Ordinance shall take effect thirty (30) days after its adoption.

SECTION 13: The City Clerk, or her duly appointed deputy, shall attest to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this ordinance, the ordinance, or a summary of the ordinance, along with the names of the City Council members voting for and against the ordinance, shall be published in a newspaper of general circulation in the City of Palmdale. ––
SECTION 14: The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SIGNED AND APPROVED THIS ____ day of ________, 2023.
_______________________________
Laura Bettencourt, Mayor
Ordinance No. 1606 – Efficient Enforcement of Code Violations

APPROVED AS TO FORM: ATTEST:
_______________________________ _______________________________ William P. Curley, III, Interim City Attorney Rochelle Scott, Acting City Clerk I HEREBY CERTIFY that the above and foregoing ordinance was duly passed and adopted by the Palmdale City Council at its regular meeting held on the _____ day of _______, 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Rochelle Scott, Acting City Clerk

CITY COUNCIL

CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2023-014

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE

APPROVING ADOPTION OF PERMIT FEES FOR SIDEWALK VENDING

AND MOBILE FOOD VENDING
WHEREAS, the City Council has determined that City Staff provides business permitting services to the public; and
WHEREAS, the City Council may adopt the concurrently proposed Ordinance No. 1606 adding Section 5.04.590 (Sidewalk Vending) and Section 5.05.600 (Mobile Vending) to Title 5 the Palmdale Municipal Code, which will add new forms of business permits needed in connection with Sidewalk Vending and Mobile Vending; and WHEREAS, the City Council desires to ensure it can properly and effectively serve the public in processing and issuing the new forms of business permits needed in connection with Sidewalk Vending and Mobile Vending should Ordinance No. 1606 be adopted and wishes to set reasonable fees for such efforts in compliance with State Law, including Government Code section 66014; and
WHEREAS, the City Council conducted a duly noticed public hearing on March 15, 2023 at which time the public was invited to make oral and written presentations as part of the City Council’s meeting prior to the adoption of this Resolution and concurrently proposed Ordinance No. 1606; and
WHEREAS, at least ten (10) days prior to the public hearing referenced above, the City made available for public inspection information required under Government Code Section 66000, et seq., and
WHEREAS, the City published notice of the public hearing as described above in accordance with Government Code Sections 6062(a), 66014, 66016, 66017 and 66018 for the various fees.

NOW THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF

PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:

SECTION 1. Adopt Resolution No. CC 2023-014 to authorize the proposed permit fees for sidewalk vending and mobile vending.

SECTION 2. The City Council hereby finds and determines that the existing, new or increased fees, rates, and charges established in this Resolution are in an amount reasonably necessary to recover the costs of providing the service, review, document, facility, or commodity for which such fee, rate, or charge is levied or authorized to be levied.

SECTION 3. Adoption of Resolution No. 2023-014 establishes sidewalk vendor business permits and the related business permit fee amount as follows:

BUSINESS PERMITS
Description FY 2023
Fee
Comments
Business Permit Required: Sidewalk Vendor
Sidewalk Vendor
a. Application for permit $77.70 Plus $5.18 Id badge
b. Annual renewal of permit $77.70 Plus $5.18 Id badge SECTION 4. Adoption of Resolution No. 2023-014 establishes vehicle operator business permits and the related business permit fee amount as follows:

BUSINESS PERMITS
Description FY 2023
Fee
Comments
Business Permit Required: Mobile Vending: Vehicle Operator Mobile Vending: Vehicle Operator
a. Application for permit $77.70 Plus $5.18 Id badge
b. Annual renewal of permit $77.70 Plus $5.18 Id badge SECTION 5. Adoption of Resolution No. 2023-014 establishes pedestrian solicitor business permits and the related business permit fee amount as follows:

BUSINESS PERMITS
Description FY 2023
Fee
Comments
Business Permit Required: Mobile Vending: Pedestrian Solicitor Mobile Vending: Pedestrian Solicitor
a. Application for permit $77.70 Plus $5.18 Id badge
b. Annual renewal of permit $77.70 Plus $5.18 Id badge SECTION 6. Adoption of Resolution No. 2023-014 establishes temporary use permits for food truck mobile vending in residential zones and the related temporary use permit fee amount as follows:

PLANNING
Description FY 2023
Fee
Comments
Temporary Use Permit
Food Truck Vending in Residential Zone $250.00 flat fee SECTION 7. If Ordinance No. 1606 is adopted, the new rates, fees, and charges set forth in this Resolution shall become effective on the first date that the amounts can legally be enforced. If Ordinance No. 1606 is not adopted, this Resolution shall not become effective.

SECTION 8. The City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED and ADOPTED this ____ day of March 2023. _________________________________
Approved as to form: Laura Bettencourt, Mayor
ATTEST:
___________________________ _________________________________ William P. Curley, III, Interim City Attorney Rochelle Scott, Acting City Clerk I, Rochelle Scott, Acting 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 ______ day of _____________, 2023 by the following roll call vote:

AYES:

NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:

Rochelle Scott, Acting City Clerk
City Council Staff Report
DATE: MARCH 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER

CITY CLERK DIVISION

DISTRICT ALL
SUBJECT: APPROVE APPOINTMENT TO THE ANTELOPE VALLEY

MOSQUITO ABATEMENT AND VECTOR CONTROL DISTRICT
ISSUE
Approve appointment t o the Antelope Valley Mosquito Abatement and Vector Control District.

RECOMMENDATION
Approve appointment to the Antelope Valley Mosquito Abatement and Vector Control.

1. Appoint Bal Dhinsa to serve as Committee Member on the Antelope Valley Mosquito Abatement and Vector Control District

BACKGROUND
The Antelope Valley Mosquito Abatement and Vector Control District was formed on August 21, 1958, through action taken by the Los Angeles County Board of Supervisors, as a result of a petition submitted by the residents of the Antelope Valley.

The Antelope Valley Mosquito Abatement and Vector Control District is a five -member Board of Trustees whose members represent the citizens of Palmdale, Lancaster, and Los Angeles County. The District works under the authority of the California Health and Safety Code Section 2000-2093. Historically, Council has appointed a citizen who lives within the district boundaries.

The meetings are held on the 4th Thursday of each month at 4:00 p.m. at 42624 6th Street East, Lancaster, CA.

DISCUSSION
At the January 11, 2023 meeting, Council directed staff to advertise for the Antelope Valley Mosquito Abatement and Vector Control District vacant position. A Notice of Vacancy was placed in the AV Press as required for interested citizens to apply. The Report to Mayor and City Council
Re: Approve Appointment to the AV Mosquito Abatement and Vector Control District March 15, 2023

Communications division also provided a press release to the public, including the application submittal deadline. The Classified Ad and the application were made available on the City’s website as well as in the Office of the City Clerk. Staff received one (1) application.

This item is brought forth to determine if the City Council desires to appoint a delegate to the Antelope Valley Mosquito Abatement and Vector Control District.

FISCAL IMPACT
There is no fiscal impact associated with this item.

STRATEGIC PLAN
Goal I: Maintain effective public safety and protection for life, property, and the environment.

D. Strengthen regional, state, and national partnerships to enhance our legislative presence.

Goal II: Ensure long-term fiscal health of the City and maintain funding for services.

C. Involve and expand engagement to enhance public oversight and transparency.

Prepared by: Rochelle Scott, Acting City Clerk
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, Interim City Attorney

ATTACHMENT
Application
1 Rochelle Scott
From:
[email protected]
Sent:

Friday, March 3, 2023 11:23 AM
To:

City Clerk Department
Subject:

Online Form Submittal: Antelope Valley Mosquito Abatement & Vector Control Appointment Application
CAUTION:

This email originated from outside of the organization.

Antelope Valley Mosquito Abatement & Vector Control Appointment Application

Name

Bal Dhinsa

Address

City

palmdale

State

ca

Zip Code

Home Phone

Business Phone

Field not completed.

District you reside in

Palmdale

Why are you interested in
this position?

I have an interest to Health of this community. I believe that Av Mosquito and Vector Control also a pathway to ensure the health of
this community and I wish to add any to grow and
achieve our mutual interest.

Have you had previous
public service experience
on a board, commission, or
public body? If so, indicate
the public agency, title,
position, and duties.

I have half a position in

design for living as a treasure. I was in
charge of oversight of all monies affairs within the company.

The AV Mosquito & Vector
Control Board meets on the
4th Thursday of each month
at 4:00 p.m. are you
available to attend these
monthly meetings?

Yes

2 Considering your previous
experience indicate what
you feel are the most
important experiences and
abilities that qualify you for
this position.

As a business leader in the community for the past 20 plus years I encountered numerous experiences that has m
ade me
very well rounded to handle any circumstance ahead. I am a prime candidate for this position and I am honored to apply!

If you wish, you may attach
a copy of your resume to
this application.

Field not completed.

Applications may be mailed (postmarked the date of the deadline), e -
mailed to

[email protected]

or hand delivered to the office of the City
Clerk at 38300 Sierra Hwy., Ste.

C, Palmdale, CA 93550 For additional information,
please contact the City Clerk at 661/267
-
5151

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City Council Staff Report
DATE: MARCH 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER

CITY CLERK DIVISION
DISTRICT: ALL
SUBJECT: CITY COUNCIL NOMINATION AND A PPOINTMENT OF ONE (1)

PUBLIC MEMBER TO THE PALMDALE ENHANCED

INFRASTRUCTURE FINANCING DISTRICT
ISSUE
City Council Nomination and Appointment of one (1) Public Member to the Palmdale Enhanced Infrastructure Financing District (EIFD).

RECOMMENDATION
City Council Nomination and Appoint ment of one (1) Public Member to the Palmdale (EIFD) from the applicants below:

1. Laura Gordon

2. Jason Zink

BACKGROUND
At the June 1, 2021 City Council meeting, the City Council approved Resolution CC 2021- 044 to establish the Palmdale EIFD and a Public Financing Authority. The primary goal of the Palmdale EIFD is to attract new private investment and accelerate development in key areas of the city, helping create new jobs, housing opportunities and local and regional transportation options for the region.

Under Enhanced Infrastructure Financing District (EIFD) law, the Palmdale EIFD Public Financing Authority is the governing board of the Palmdale EIFD. Initially and pursuant to EIFD law, the Palmdale EIFD Public Financing Authority (PFA) membership shall include two City Councilmembers and one public member. All members of the Board serve at the pleasure of the City Council, and any member may be removed, with or without cause, by a majority vote of the City Council. Public members serve a two-year term.

The PFA membership is comprised of two members of the City Council, a public member selected by the Council, one member of the County, and a member of the public selected by the Co unty. Members shall serve at the pleasure of their respective appointing legislative bodies.

Report to Mayor and City Council
Re: Council to Nominate and Appoint one (1) Public Member to the Palmdale Enhanced Infrastructure Financing District (EIFD)
March 15, 2023

Meetings are held on as needed in the Council Chamber, 38300 Sierra Highway, Suite B, Palmdale, CA.

DISCUSSION
At the January 11, 2023, meeting, Council directed staff to advertise for the Palmdale Enhanced Infrastructure Financing District vacant position. A Notice of Vacancy was placed in the AV Press as required for interested citizens to apply. The Communications division also provided a press release to the public, including the application submittal deadline. The Classified Ad and the application were made available on the City’s website as well as in the Office of the City Clerk. Staff received two (2) applications by the February 28, 2023, application submittal deadline.

This item is brought forth to determine if the City Council desires to appoint a Public Member to the Palmdale Enhanced Infrastructure Financing District.

Applicant will be required to pass a Livescan fingerprint scan submission via the California Department of Justice.

FISCAL IMPACT
There is no fiscal impact associated with this item, as member positions do not receive compensation for service.

STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.

C. Involve and expand engagement to enhance public oversight and transparency.

Prepared by: Rochelle Scott, Acting City Clerk
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, Interim City Attorney

ATTACHMENTS
Applications

City Council Staff Report
DATE: MARCH 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY MANAGER’S OFFICE – CITY CLERK DIVISION
DISTRICT: ALL
SUBJECT: CITY COUNCIL NOMINATION AND APPOINTMENT OF PLANNING COMMISSIONERS - DISTRICTS 1 through 5.

ISSUE
City Council nomination and appointment of Planning Commissioners, Districts 1 through 5.

RECOMMENDATION
Staff recommends that each City Council member nomin ate an applicant from their District for appointment to the Planning Commission and that City Council vote to approve the nomination and appointment.

BACKGROUND
City Council directed staff to open a recruitment for Planning Commissioners for all Districts. The recruitment was opened on January 12, 2023, and closed on February 28, 2023. The City Clerk’s office received sixteen (16) applications. In accordance with Palmdale Municipal Code (PMC) Section 2.46.040 (B) (2) All applications were provided to the City Council for their review. The applicants and their District Information is listed below:

Pursuant to PMC 2.46.030 “ The Planning Commission shall consist of five commissioners, each of whom shall be appointed from Planning Commission districts. All Commissioners shall be voting members of the Planning Commission. No Commissioner shall be a member of the City Council. To be appointed, each Commissioner must be a DISTRICT 1 DISTRICT 2 DISTRICT 3 DISTRICT 4 DISTRICT 5
Councilmember
Bishop
Councilmember
Loa
Mayor
Bettencourt
Councilmember
Ohlsen
Mayor Pro Tem
Alarcón
Denise Thompson Karen Dhillon Marcos Alvarez Raymond Cunneff Christian C. Martinez David Lujan Dean Henderson Mateo Olivarez Getro Elize Luqman Y. Watkins Barbara Smart Richard Poston
Oswaldo Serafin Darlene Trevino
Judy Vaccaro-Fry
Maritza Pedro
Report to Mayor and City Council
Re: Planning Commission Appointments
March 15, 2023

resident of the district from which they are appointed. In general, if a district Commissioner ceases to be a resident of the district from which he or she is appointed, that Commissioner’s appointment will automatically terminate. However, if a Commissioner ceases to be a resident of the district from which he or she is appointed because the district boundaries changed to a new district, such Commissioner may continue in office until any new Commissioners are appointed, at which time all Commissioners shall be required to reside in the district for which they have been appointed. Commissioners serve at the pleasure of the City Council and may be removed prior to the expiration of their term by a vote of a majority of the members of the City Council.

DISCUSSION
In the recruitment advertisement, terms were listed as “to be determined” as they would not necessarily be for the full two-year term. PMC Section 2.46.040 The terms for districts 1, 3 and 4 expire on June 30th of every even-numbered year (June 30, 2024). The terms for districts 2 and 5 expire on June 30th of every odd-numbered year (June 30, 2025).

Notwithstanding the foregoing, all Commissioners will hold office until their successors are qualified and take office.

A Livescan fingerprint submission via the California Department of Justice. The State of California requires a Statement of Economic Interest Form 700 be filed with 30-days of the appointment.

FISCAL IMPACT
Approximately $3,296 in advertising cost. Commissioner compensation of $150 per meeting, a maximum of $300 per month for the Chair, and $100 per meeting, a maximum of $200 per month for all other Commissioners.

STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.

C. Involve and expand engagement to enhance public oversight and transparency.

Prepared by: Roxanne Faber, Acting City Clerk
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III Interim City Attorney

ATTACHMENTS
Redacted Applications