The Council Chamber is open for in-person public comment and seating.
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How to Address the City Council
Any person who would like to address the Council regarding an item on the agenda, please fill out a Speaker's Form and submit it to the City Clerk prior to the agenda item you would like to discuss. You may address the Council once per meeting, per public comment section of the agenda on only those matters within the Council's jurisdiction.
Please note that you are not required to complete this form or state your name and residence in order to speak. Each person addressing the Council is given up to three minutes to speak (with double the time allotted to non-English speakers using a translator). The amount of time authorized may be adjusted by the chair. If you wish to provide information to the Council, please present the City Clerk with 7 copies.
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CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
38300 SIERRA HIGHWAY
SUITE B
PALMDALE, CA 93550
WEDNESDAY, MARCH 15, 2023
5:00 PM
7:00 PM
www.cityofpalmdale.org
WELCOME
City Council
Wednesday, March 15, 2023
5151 at least 72 hours prior to the meeting.
Your courtesy is requested to help our meetings run smoothly. Please follow these simple rules so we can make the best possible use of your time and ours:
Please refrain from public displays or outbursts, such as unsolicited applause, comments, cheering, foul language or obscenities.
Any disruptive activities that substantially interfere with the ability of the City Council to carry out its meeting will not be permitted and offenders will be asked to leave the meeting.
Please turn off/mute your cell phones and mobile devices.
5:00 P.M.
1. CALL MEETINGS TO ORDER
*Note: All City Council memberships are reflected in their City Council titles.
2. ROLL CALL
MAYOR BETTENCOURT, MAYOR PRO TEM ALARC
Ó
N, COUNCILMEMBERS
BISHOP, LOA, OHLSEN
3. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
This portion of the Agenda allows an individual the opportunity to address the Council on Closed Session items ONLY.
PLEASE NOTE: A three-minute time limit
will be
imposed on each speaker.
4. PRESENTATION BY CITY ATTORNEY
4.1 CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Ricky Thorstensen v. City of Palmdale, et al.
Los Angeles County Superior Court
Case No. 22STCV29463
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
4.2 CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Ricci v. City of Palmdale, et al.
Los Angeles County Superior Court
Case No. 22STCV01269
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
City Council
Wednesday, March 15, 2023
4.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Shanae Smith, Patricia Nevarez and Michael "Mike" Behen vs. City of Palmdale, et al.
Los Angeles County Superior Court
Case No. 22STCV18219
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
4.4 PUBLIC EMPLOYMENT
Title: City Attorney
4.5 CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: Number of cases – One.
5. ANNOUNCEMENT BY CITY ATTORNEY
6. ADJOURN CLOSED SESSION MEETING
7:00 P.M.
7. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
8. PRESENTATIONS
8.1 Presentation by Mayor and Council of a Proclamation declaring March as Women's History month.
8.2 The City of Palmdale’s PGTV (Palmdale Government Television) Channel 27- produced “Courtney’s Playground Dedication” was recognized for Best Community Event Video as part of the 2023 ACM West WAVE Awards.
Staff Recommendation:
Accept.
9. WAIVER OF FULL READING OF RESOLUTION(S) and ORDINANCE(S) Staff Recommendation: Move to waive full reading of the Resolution (s) and/or Ordinance(s) to be considered and voted on at this meeting. (Voice Vote - Requires a majority to waive.)
10. PUBLIC COMMENTS ON CONSENT CALENDAR ITEMS ONLY
This portion of the Agenda allows an individual the opportunity to address the Council/Authority on Consent Calendar items ONLY. If you wish to comment on any City Council
Wednesday, March 15, 2023
item(s) listed on the Consent Calendar, please come forward to the podium when called or acknowledged by the Chair and state the item number(s) and your comments.
PLEASE NOTE: A three-minute time limit
will be imposed on each speaker.
11. CONSENT CALENDAR
All matters listed under the Consent Calendar will be enacted by one motion unless an item(s) is pulled by Council, in which case the item(s) will be removed from the Calendar and will be considered separately following this portion of the Agenda.
11.1 Adopt Resolution No. CC 2023-017, a Resolution of the City Council of the City of Palmdale approving the acquisition of tax defaulted property located on the southwest corner of Avenue Q-3 and 6th Street East Alley (APN 3008-013-042 and 3008-013-043) through a Chapter 8 Agreement Sale with the Los Angeles County Treasurer and Tax Collector. (Staff Reference: Director of Economic and Community Development Garibay)
Tax_Defaulted_Staff_Report Resolution.docx
Chapter 8 Purchase Resolution.doc
EXHIBIT_A.pdf
11.2 Approve First Amendment to Legal Services Agreement with Silver & Wright, LLP to
increase the total amount of the Agreement by $65,000, to increase the the not to exceed amount to $565,000. (Staff Reference: Interim City Attorney Curley - Presented by Legal and Risk Coordinator Barajas
)
SR - Silver & Wright, LLP A-7783 Amend 1 - 031523.docx
Silver & Wright, LLP (A-7783) Amendment 1.pdf
Silver & Wright, LLP (A-7783).pdf
11.3 Approve Agreement with J A D Hoyos, Inc. DBA Feathers Custom Signs to wrap 103 of the City of Palmdale's 332L traffic control utility cabinets with anti-graffiti laminate in the amount of $131,404.83 (Staff Reference: Parks and Recreation Director Smith)
Staff_Report_Agreement_Feathers_Signs_Draft (002).docx
Est_1727_from_Feathers_Signs__Printing_9476.pdf
Design Mockup Samples.jpg
City of Palmdale - Contract for Services (#2) -
J A D HOYOS INC (A-8266) - 3-1-
2023 - Preview.pdf
11.4 Approve the minutes from the previous meetings. (Staff Reference: Acting City Clerk Scott)
CC - February 15, 2023 (5:00 pm & 7:00 pm)
02 15 2023 Minutes CC Final.pdf
City Council
Wednesday, March 15, 2023
12. PUBLIC HEARING
12.1 INTRODUCTION AND ADOPTION OF ORDINANCE NO. 1603, AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING ZONING ORDINANCE AMENDMENT 21-007; A REQUEST TO MODIFY THE ZONING CODE AND ZONING MAP TO BE IN COMPLIANCE WITH THE CITY’S GENERAL PLAN UPDATE (PALMDALE 2045), APPLICABLE LAWS, AS WELL
AS COMPREHENSIVELY MODIFY PROCESSES, USES, AND STANDARDS OF
DEVELOPMENT AND FIND THAT THE PROJECT IS CONSISTENT WITH PROGRAM ENVIRONMENTAL IMPACT REPORT (PEIR) 22-002 PREPARED AND CERTIFIED IN CONJUNCTION WITH PALMDALE 2045
. (Staff Reference:
Economic and Community Development Director Garibay - Presented by Associate Planner Almora)
Staff Report CC - ZOA 21-007.docx
Ordinance No. 1603 CC - ZOA 21-007.doc
ZOA 21-007_CC Exhibit IA Draft Zoning Code.pdf
ZOA 21-007_CC Exhibit IB Chpts 12 and 16.docx
ZOA 21-007_CC Exhibit II_Zoning Map.pdf
12.2 ADOPT 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
. (Staff Reference: Economic and Community
Development Director Garibay - Presented by Deputy Director of Economic and Community Development Taggart and Acting Planning Manager Magaña)
Staff Report CC - GPA 23-001.docx
Resolution_CC_2023-019_GPA_23-001 (1).doc
Exhibit II - GPA 23-001 Land Use Map v1.pdf
12.3 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 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 ADOPTION OF RESOLUTION NO. CC 2023-014, A RESOLUTION OF THE City Council
Wednesday, March 15, 2023
CITY COUNCIL OF THE CITY OF PALMDALE APPROVING PERMIT FEES FOR SIDEWALK VENDING AND MOBILE FOOD VENDING. (Staff Reference:
Community Compliance Manager Gallagher)
Staff Report - Ordinance No. 1606 and Resolution No. CC2023-14.docx
Ordinance No. 1606.docx
Resolution No. CC 2023-014.docx
13. APPOINTMENT(S)
13.1 Approve Appointment to the Antelope Valley Mosquito Abatement and Vector Control District. (Staff Reference: Acting City Clerk Scott)
CC_AV_Mosquito_Vector Appointment_SR .docx
AV Mosquito Vector application.pdf
13.2 City Council Nomination and Appointment of one (1) Public Member to the Palmdale Enhanced Infrastructure Financing District (EIFD). (Staff Reference:
Acting City Clerk Scott)
Palmdale_EIFD_PFA_Appointment 03 15.docx
EIFD Applications.pdf
13.3 City Council Nomination and Appointment of Planning Commissioners - Districts 1 - 5. (Staff Reference: Acting City Clerk Faber)
StaffReport PC Appointments.docx
PC Applications.pdf
14. NEW BUSINESS
14.1 Discussion and possible action regarding Animal Care and Control Operations. (Staff Reference: City Manager Perez)
15. PUBLIC COMMENTS ON NON-AGENDA ITEMS
This portion of the Agenda allows an individual the opportunity to address the Council on any subject regarding City business not on the Agenda. Under state legislation, no action can be taken on items not specifically referenced on the Agenda and the Chair may refer you to the City Manager or staff to address your request.
PLEASE NOTE: A three-
minute time limit
will be imposed on each speaker and your topic must remain relevant to items within the City's authority or purview.
16. CITY COUNCIL ANNOUNCEMENTS AND REQUESTS FOR NEW AGENDA ITEMS
17. CITY MANAGER’S REPORT
City Council
Wednesday, March 15, 2023
18. ADJOURN meeting to April 5, 2023 at 5:00 p.m. in the City Hall Council Chamber located at 38300 Sierra Highway, Suite B, Palmdale, California.
City Council
Wednesday, March 15, 2023
City Council Staff Report
DATE: MARCH 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
DISTRICT: ALL
SUBJECT: ADOPT RESOLUTION NO. CC 2023 -017, APPROVING THE
ACQUISITION OF TAX DEFAULTED PROPERTY LOCATED ON THE
SOUTHWEST CORNER OF AVENUE Q -3 AND 6 TH STREET EAST
ALLEY (APN 3008 -013-042 and 3008 -013-043) THROUGH A
CHAPTER 8 SALE AGREEMENT WITH LOS ANGELES COUNTY
TREASURER AND TAX COLLECTOR.
ISSUE
Adopt Resolution No. CC 2023-017, approving the acquisition of tax defaulted property located on the southwest corner of Avenue Q -3 and 6 th Street East Alley (APN 3008- 013-042 and 3008 -013-043) through a Chapter 8 Agreement Sale with Los Angeles County Treasurer and Tax Collector.
RECOMMENDATION
Staff recommends that City Council:
1. Adopt Resolution No. CC 2023-017, approving the acquisition of tax defaulted property (APN 3008 -013-042 and 3008 -013-043) through a Chapter 8 Agreement Sale with Los Angeles County Treasurer and Tax Collector; and,
2. Authorize the City Manager or her designee to prepare and execute all necessary documents to complete property acquisition.
BACKGROUND
Upon the failure of a property owner to meet the payment obligation of his or her property tax, the LA County Treasurer and Tax Collector (TTC) sends the property owner a Notice of Auction. The default opens a 5-year waiting period for residential property and 3-year waiting period for non -residential commercial proper ty during which the delinquent taxes, interest, and penalties accumulate until redeemed. At the end of the 5 years for residential property and 3 years for non-residential commercial property, if the tax is not Report to Mayor and City Council
Re: APN 3008-013-042 & 3008-013-043
March 15, 2023
redeemed, the TTC has the power to sell the property. TTC conducts a tax defaulted property auction twice per year in April and October.
As a public agency, the City of Palmdale can acquire property from the tax defaulted property list if there is a public purpose for the property. To begin the process, a public agency or nonprofit organization submits an Application to Purchase Tax-Defaulted Property from the County to indicate which property the agency or organization is interested in purchasing. The City would also need to provide minutes from a public meeting where the City Council approved the potential acquisition of the property. If the City’s application is approved, the TTC will designate the City as “pre-qualified” and forward an Agreement Sale packet, along with instructions on how to complete the forms and a checklist of requirements which includes an executed resolution.
DISCUSSION
The City reviewed the tax defaulted property list and identified two parcels that the City would be interested in purchasing. The parcels are located on the southwest corner of Avenue Q-3 and 6th Street East Alley (APN’s 3008-013-042 and 3008-013- 043). These parcels are located within the Palmdale Transit Area Specific Plan (PTASP) and will support the future development of the California High Speed Rail Palmdale Station. The acquisition of the properties will also allow the City to complete future street widening and pedestrian improvements along sections of Avenue Q-3 and 6th Street East Alley.
On October 19 th, 2022, the City Council approved the TTC property acquisition application for the two properties. Since then, the application was accepted and approved by the TTC on January 26th, 2023. In order to complete the transaction, the City needs to adopt a resolution approving the property acquisition and executing the final agreement before March 26th, 2023. The property owner has the duration of the process to rectify their defaulted property tax status on the properties. The final purchase price shall include all costs of the sale, and the amount of outstanding taxes and penalties accrued up until the Agreement Sale is finalized which has now been notified by TTC as approximately $38,853 for APN 3008-013-042 and $36,350 for APN 3008-013-043. The sale process is expected to be completed by October 2 nd, 2023.
FISCAL IMPACT
Not to exceed $80,000. The total cost includes the amount of outstanding taxes and penalties, auction fees and other minimal costs needed to complete the property acquisition. Funds are available in account 15761101-737133-1211
STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.
Report to Mayor and City Council
Re: APN 3008-013-042 & 3008-013-043
March 15, 2023
A. Launch an efficient regional multi-modal transportation hub connecting high speed rail, air, auto and, public transit.
Prepared by: Zach Glynn, Management Analyst I
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, Special Counsel
ATTACHMENTS
1. Exhibit A – Parcel Map
CITY COUNCIL
CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2023-017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE,
AUTHOTIZING THE PURCHASE OF TAX-DEFAULTED PROPERTY
(APN’S 3008-013-042 and 3008-013-043)
WHEREAS, the California Revenue and Taxation Code (“R&TC”), Chapter 8 of Part 6 of Division 1 (“Chapter 8”), beginning with Section 3791, allows public agencies, taxing agencies and nonprofit organizations to enter into Chapter 8 agreements to purchase taxdefaulted property; and
WHEREAS, real properties known as APN’s 3008-013-042 and 3008-013-043 (the “Property”) has annually defaulted in the payment of property taxes, penalties and administrative fees. The Property is more fully depicted in the aerial photo and parcel map attached hereto as Exhibits “A”; and
WHEREAS, the City desires to purchase the property, subject to the “Power to Sell” held by the Los Angeles County Treasurer and Tax Collector (“LATTC”), for a price not to exceed Eighty Thousand Dollars ($80,000.00)
NOW THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF
PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. The City Council does hereby authorize the City Manager or her designee to enter into a Chapter 8 “Agreement to Purchase Los Angeles County Tax Defaulted Property,” in a form approved by the City Manager and City Attorney, with a price not to exceed $80,000.00.
Resolution No. CC 2023-017
SECTION X. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED and ADOPTED this ______ day of ____________, ________. _________________________________
Approved as to form: Laura Bettencourt, Mayor
ATTEST:
___________________________ _________________________________ William P. Curley, III Rochelle Scott, Acting City Clerk Special Counsel
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 _____________, 20___ by the following roll call vote:
AYES:
NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:
Rochelle Scott, Acting City Clerk
EXHIBIT A - PARCEL MAP
City Council Staff Report
DATE: MARCH 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY ATTORNEY’S OFFICE
DISTRICT: ALL
SUBJECT: APPROVE FIRST AMENDMENT TO LEGAL SERVICES
AGREEMENT WITH SILVE R & WRIGHT, LLP (A -7783) TO
INCREASE THE TOTAL AMOUNT OF THE AGREEMENT BY $65,000
NOT TO EXCEED THE SUM OF $565,000
ISSUE
Approve a First Amendment to Legal Services Agreement with Silver & Wright, LLP to increase the total amount of the Agreement by $65,000 not to exceed the sum of $565,000.
RECOMMENDATION
Staff recommends that the City Council:
1. Approve the First Amendment to Legal Services Agreement with Silver &Wright, LLP to increase the total amount of the Agreement by $65,000 not to exceed the sum of $565,000; and
2. Authorize the City Manager or her designee to execute the First Amendment with Silver & Wright, LLP substantially in the same form as presented to the City Council.
BACKGROUND
The law firm of Silver & Wright, LLP has represented the City since 2016, providing general advice regarding code enforcement and prosecuting nuisance abatement actions on behalf of the City. Silver & Wright, LLP has been successful abating nuisance properties within the City and routinely obtains full cost recovery for the City.
DISCUSSION
To continue Silver & Wright’s representation of the City, an amendment must be executed to extend the maximum contract amount. By extending the maximum contract amount by $65,000, it will allow payment of previous and future services rendered by Silver & Wright, LLP for ongoing code enforcement, nuisance abatement, and general advisory services. Staff proposes that the City Council authorize the City Manager to execute the Amendment and allow Silver & Wright, LLP to continue to provide legal services.
Report to Mayor and City Council
Re: First Amendment to Legal Services Agreement with Silver & Wright, LLP March 15, 2023
FISCAL IMPACT
The Legal Services Agreement has the not-to-exceed amount of $565,000, however this amount is not guaranteed. Fees will only be paid to the extent services are provided.
Funds for this agreement are currently budgeted in the City Attorney’s Office budget accounts, Prosecuting Attorney Account (10114001-721121)
STRATEGIC PLAN
Goal I: Maintain effective public safety and protection for life, property and the environment.
A. Provide comprehensive and innovative safety services to prevent crime and promote a safe community.
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.
A. Manage resources, costs and liabilities to ensure the City’s long-term fiscal health.
Prepared by: Angie Barajas, Legal & Risk Coordinator
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. First Amendment with Silver & Wright, LLP
2. Agreement with Silver & Wright, LLP
FIRST AMENDMENT TO AGREEMENT A-7783
BETWEEN THE CITY OF PALMDALE AND SILVER & WRIGHT, LLP
This 1st Amendment to Agreement No. A-7783 (“Agreement”) between the City of Palmdale and Silver & Wright, LLP is made and entered into by and between the City of Palmdale (hereinafter called “CITY”) and Silver & Wright, LLP (hereinafter called "FIRM"). This Contract shall become effective on the date of the last signatory.
WHEREAS, CITY and FIRM entered into an Agreement on February 16, 2022 for legal services pursuant to California Business and Professions Code Section 6148; and
WHEREAS, CITY and FIRM desire to amend the contract amount of the Agreement to provide for additional services.
NOW THEREFORE, in consideration of the foregoing, the parties agree as follows:
1. The compensation identified in Section 4(e) shall be amended to increase the total amount of the Agreement by Sixty-Five Thousand Dollars ($65,000) not to exceed the sum of Five-Hundred and Sixty-Five Thousand Dollars ($565,000).
2. All other terms and conditions remain the same.
[REST OF PAGE INTENTIONALLY LEFT BLANK]
1-2Concord - Document ID: generated after first signature
In Witness Whereof, the parties hereto have caused this Contract to be executed and attested by their respective officers thereunto duly authorized.
CITY OF PALMDALE
SILVER & WRIGHT, LLP
Matthew R. Silver, Esq.
Partner
ADDRESS FOR NOTICE:
CITY OF PALMDALE
38300 Sierra Hwy
Palmdale, CA 93550
ADDRESS FOR NOTICE:
SILVER & WRIGHT, LLP
3 Corporate Park, Suite 100
Irvine, CA 92606
APPROVE AS TO FORM:
William P. Curley, III
Interim City Attorney
ATTEST:
Roxanne Faber
Acting City Clerk
2-2Concord - Document ID: generated after first signature
City Council Staff Report
DATE: MARCH 15, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PARKS AND RECREATION DEPARTMENT
DISTRICT: ALL
SUBJECT: APPROVE AGREEMENT WITH FEATHERS, SIGNS , PRINTING & WRAPS TO WRAP 103 OF THE CITY OF PALMDALE’S 332L
TRAFFIC CONTROL UTILITY CABINETS WITH ANTI -GRAFFITI
LAMINATE IN THE AMOUNT OF $131,404.83.
ISSUE
Approve agreement with Feathers, Signs , Printing & Wraps to wrap 103 of the City of Palmdale’s 332L traffic control utility cabinets with ant-graffiti laminate in the amount of $131,404.83 for a term of 4 months from the date of the Notice to Proceed.
RECOMMENDATION
Staff recommends that the City Council:
1. Award Agreement No. A-8266 with Feathers, Signs & Printing to wrap the City of Palmdale’s 332L traffic control utility cabinets, in the amount of $131,404.83.
2. Authorize the City Manager or her designee to execute Agreement No. A -8266 with Feathers, Signs, Printing & Wraps.
BACKGROUND
The City owns 103 332L type traffic control utility cabinets throughout Palmdale which have been subject to ongoing incidents of graffiti. As a proactive measure utility box wraps are recommended to deter graffiti and continue beautification efforts. In following the City’s procurement policy seven vendors were solicited to provide quotes for service.
Feathers, Signs, Printing & Wraps was th e lowest responsive vendor . Their proposal includes installation of full color print graphics on anti-graffiti laminate material on 103 utility cabinets . Prior to installation, utility cabinets will be cleaned, degreased and pressure washed by the contra ctor to ensure longevity of material installation. Artwork will be provided by the City. Longevity of wraps is dictated by exposure to weather, outdoor conditions and have an average lifespan of three to five years.
Report to Mayor and City Council
Re: Award of Utility Cabinet Wrapping, Agreement No. A-8266 March 15, 2023
DISCUSSION
The City of Palmdale’s Public Works graffiti abatement team responds to a high number of graffiti reports. Wrapping City-owned utility cabinets has proven in other communities to help deter graffiti. The graffiti resistant laminate simplifies removal of graffiti paint and markers, reducing response time if tagged. To expedite this work, the City’s digital design team selected imagery from our Adobe catalog. The selected imagery is reflective of our community’s natural landscape and habitat, to include wildflowers, birds, and reptiles.
FISCAL IMPACT
The project has been funded through Measure AV (157) funds, which have been allocated in Account No. 15733002-737100.
STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.
C. Plan and maintain safe and attractive neighborhoods, streets, facilities, and public spaces with exciting programming that promotes active fun for everyone.
Prepared by: Keri Smith, Director of Parks and Recreation 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
Estimate from Feathers, Signs, Printing & Wraps
Draft Agreement
Estimate
Date
2/1/2023
Estimate #
1727
Name / Address
City of Palmdale
Department of Parks and Recreation
Attn: George Davis
827 East Avenue Q-9
Palmdale, CA 93550
Feathers Signs & Printing
26017 Huntington Lane, Unit F
Valencia, CA 91355
Signature
Fax #
Total
Subtotal
Sales Tax (9.5%)
Description Qty Rate Total
Full Color Print of Graphics for Cabinets #332L 103 745.00 76,735.00T Dimensions of Cabinets: 67” high, 37.4” wide, and 24.3” deep Material for Printing: 3M Car Wrap
Laminated: Antigrafiti Gloss Finish
Artwork to be provided by client
( Regular Cost of Print: $890.00+tax)
Installation Cost of Vinyl Graphics on Cabinets 103 375.00 38,625.00 (Labor)
Logistics And Preparation Fee 103 85.00 8,755.00
Fee includes: Clean up, Degreasing and Pressure Washing each Cabinet box Prior to installing due to dust, smog and outdoor dirt to give a better longevity to material installation.
Estimate
Date
2/1/2023
Estimate #
1727
Name / Address
City of Palmdale
Department of Parks and Recreation
Attn: George Davis
827 East Avenue Q-9
Palmdale, CA 93550
Feathers Signs & Printing
26017 Huntington Lane, Unit F
Valencia, CA 91355
Signature
Fax #
Total
Subtotal
Sales Tax (9.5%)
Description Qty Rate Total
Feathers signs and Printing will park vehicles on a parking lot during installation to avoid any obstruction to traffic. On locations where vehicle needs to be parked on shoulder.
Feathers signs and printing will follow follow the California MUTCD (CA manual on Uniform Traffic Control Devices). To reduce any traffic obstruction to the location of installation.
_____________________________________
$131,404.83
$124,115.00
$7,289.83
AGREEMENT NO. A-8266
CONTRACT FOR SERVICES
BETWEEN THE CITY OF PALMDALE AND J A D HOYOS, INC., DBA FEATHERS
CUSTOM SIGNS
This CONTRACT for services (“Contract” herein) is made and entered into by and between the City of Palmdale, a public body corporate and politic, (hereinafter called “CITY”), and J A D HOYOS, INC., DBA FEATHERS CUSTOM SIGNS, a Corporation, (hereinafter called “CONTRACTOR”). This Contract shall become effective on the date of the last signatory.
RECITALS
WHEREAS, CONTRACTOR represents that CONTRACTOR has the expertise and is qualified to perform the services described in this Contract.
NOW THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
1 CITY PROJECT MANAGER
To provide the services required by this Contract, CONTRACTOR shall act under the authority and approval of PUBLIC WORKS Director/designee, who shall oversee this Contract, the work performed by CONTRACTOR, assist CONTRACTOR with any necessary information, audit billings, and approve payments. The CONTRACTOR shall channel all contacts and requests through the City project manager. 2 DESCRIPTION OF WORK
2.1 CONTRACTOR shall provide the following services in a manner satisfactory to CITY:
CONTRACTOR shall wrap 103 utility cabinets located in Palmdale with artwork provided by the City. Prior to adhering wraps, CONTRACTOR will clean and prepare the surface of each utility cabinet for proper adhesion. Wrap material should include anti-graffiti laminate. Utility cabinets are 332L style controller cabinets located throughout Palmdale as indicated in the map. Utility cabinets are 67” high, 37.4” wide, and 24.3” deep.
CONTRACTOR must utilize existing parking facilities to stage for work to wrap utility cabinets whenever possible. For locations where no parking facilities are present the Contractor may park on the shoulder of the roadway. A letter on the contractor’s letterhead must be submitted to the City Engineer that lists the locations where the roadway shoulder will be utilized. This letter needs to contain the project number, encroachment permit number, dates, and times of work, and refer to the California Manual on Uniform Traffic Control Devices (CAMUTCD) standard figures that are 1-16Concord - Document ID: generated after first signature proposed to be used. The standard figures (Typical Applications) from the CAMUTCD and their associated notes must be attached to the letter as well.
2.2 CONTRACTOR shall have no claim for compensation for any services or work, which has not been authorized by CITY’s Authorization to Proceed.
2.3 CONTRACTOR shall not accept any change of scope, or change in contract provisions, to this Contract unless issued in writing, as a contract change order or amendment and signed by CITY. Any extensions of time must be mutually agreed upon in writing and executed by both parties.
2.4 CONTRACTOR shall maintain in current status all Federal, State, and local licenses and permits required for the operation of the business conducted by the CONTRACTOR as applicable to this contract.
2.5 All work supplied under this Contract shall be fully guaranteed by CONTRACTOR for a minimum period of Three years days from the date of acceptance by CITY. Any defects of design, workmanship, or materials that would result in non-compliance with the Contract specifications shall be fully corrected by CONTRACTOR (including parts and labor) without cost to CITY. The written warranty shall be included with the delivered products to the using Department.
CITY shall provide to CONTRACTOR, without charge, all data, program information, including reports, records, maps, and other information, now in CITY’s possession, which may facilitate the timely performance of the work. 3 CONTRACTOR’S KEY PERSONNEL
3.1 Key Staff. CITY reserves the right to review and approve CONTRACTOR’S staff including all subcontractors to be assigned to any project by CONTRACTOR during the term of this Contract.
This Contract has been awarded to CONTRACTOR based partially on the key personnel proposed to perform the services required herein. CONTRACTOR shall not change nor substitute any of these key staff for work on this Contract without prior written approval by CITY.
CONTRACTOR’s Team and Key Personnel are as follows:
David Hoyos
Alexandro Hoyos
Edwin Cisneros
Natalie Aliaga
Luis Damian
This Services Contract has been awarded to CONTRACTOR based on its representation that those personnel and subcontractors submitted as part of its bid and listed above will perform the portions of the work listed above. 2-16Concord - Document ID: generated after first signature CONTRACTOR shall not deviate nor substitute any of these team members without prior written approval by CITY.
3.2 Subcontractors. During the performance of the Agreement, CONTRACTOR may engage such additional SUBCONTRACTORS as may be required for the timely completion of this Agreement. In the event of subcontracting, the sole responsibility for fulfillment of all terms and conditions of this Agreement rests with CONTRACTOR.
CONTRACTOR shall not enter into any Subcontract under this Contract for the performance of this Contract without the advance written approval of CITY. The subcontract shall incorporate by reference the terms and conditions of this Contract.
3.3 Direct Responsibility. All services required under this Contract shall be performed by CONTRACTOR, or under CONTRACTOR’s direct supervision, and all personnel shall possess the qualifications, permits and licenses required by State and local law to perform such services.
3.3.1 CONTRACTOR shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Contract, and compliance with all reasonable performance standards established by CITY.
3.3.2 CONTRACTOR shall be responsible for payment of all CONTRACTOR’s employees’ and subcontractor’s wages and benefits and shall comply with all requirements pertaining to the employer’s liability, workers’ compensation, unemployment insurance, and Social Security.
3.3.3 CONTRACTOR shall indemnify and hold harmless CITY, and its respective officers, agents and employees from and against all claims, demands, damages or costs arising from CONTRACTOR’s acts or omissions with respect to any liability, damages, claims, costs and expenses of any nature arising from alleged violations of personnel practices.
4 ACCEPTANCE AND DOCUMENTATION
Each task shall be reviewed and approved by the Contract Project Manager to determine acceptable completion.
4.1 Records. The CONTRACTOR shall retain and shall contractually require each SUBCONTRACTOR to retain all data and other “records” relating to the acquisition and performance of the Contract for a period of five years after the completion of the Contract.
4.2 Property of CITY. All materials, including reports, computer programs and other deliverables, supplied or created under this Contract are the sole property of CITY. CONTRACTOR is not entitled to a patent or copyright on those materials and may not transfer the patent or copyright to anyone else. CONTRACTOR shall not use or release these materials without the prior written consent of CITY. 3-16Concord - Document ID: generated after first signature
4.3 Products. All equipment, materials, parts, and other components incorporated in the work or services performed pursuant to this Contract shall be new, or the latest model and of the most suitable grade for the purpose intended. All work shall be performed in a skilled and workmanlike manner. 5 PRICE
CITY shall pay to CONTRACTOR an amount not to exceed One Hundred Thirty One Thousand Four Hundred and Four Dollars and Eighty Three Cents dollars ($ 131404.83) for the completion of all the work and services described in Section 2, which sum shall include all costs or expenses incurred by CONTRACTOR, payable as follows:
See Exhibit A
5.1 An application for payment form must be submitted to CITY which shall include the following: a clear, detailed invoice reflecting work being billed for, a summary sheet showing percentage of work completed to date, amount/percent billed to date and current status of all tasks within a project; any/all backup documentation supporting the above items. Work schedule updates must also be included with the payment requests.
5.2 CONTRACTOR shall maintain adequate records and shall permit inspection and audit by CITY of CONTRACTOR’s charges under this Contract. CONTRACTOR shall make such records available to CITY during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records, and they will be available only to CITY and any specified public agencies. Such records shall be maintained by CONTRACTOR for one (1) year following completion of the work under this Contract unless a longer period of time is required by state or federal law, in which event CONTRACTOR shall retain its records for the time required by such laws.
5.3 Payment. A separate invoice shall be issued for each shipment of material or service performed, and no payment will be issued prior to receipt of material and/or completion of specified services and receipt of a correct invoice. 6 COMMENCEMENT AND COMPLETION OF WORK
6.1 The execution of this Contract by the parties does not constitute an authorization to proceed. The services of CONTRACTOR shall commence when CITY, acting by and through its Project Manager, has issued an Authorization to Proceed. CONTRACTOR shall complete all the work described in Section 1 and be ready for final acceptance of the work within Four months (4) Calendar days following CONTRACTOR’s receipt of Authorization to Proceed.
6.2 Time is of the essence. All of the time limits for Milestones, if any, and for completion of the work, are of the essence of this Contract. 4-16Concord - Document ID: generated after first signature
6.3 Failure of CONTRACTOR to perform any covenant or condition contained herein within the time periods specified therein shall constitute a material breach of this Contract, entitling CITY to terminate this Contract, unless CONTRACTOR applies for and receives an extension of time in accordance with the procedures set forth herein.
7 TAXES
7.1 CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRACTOR in accordance with state and local laws.
7.2 CONTRACTOR is an independent contractor and shall have no power or authority to incur any debt, obligation, or liability on behalf of CITY. No person employed by CONTRACTOR or acting on its behalf, in connection with this Contract shall be considered the Agent or employee of CITY.
7.3 CONTRACTOR shall be required to obtain a current City of Palmdale business license, as required by the Palmdale Municipal Code, before an Authorization to Proceed is issued.
7.4 When equipment, materials or supplies generally taxable to CONTRACTOR are eligible for a tax exemption due to the nature of the work, CONTRACTOR shall assist the City in applying for and obtaining such tax credits and exemptions, which shall be paid or credited to the City.
8 PATENT FEES AND ROYALTIES
CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use, in the performance of the work or the incorporation in the work of any invention, design, process, program, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, program, product or device is specified in the contract documents for use in the performance of the work and if, to the actual knowledge of CITY, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by CITY in the contract documents.
CONTRACTOR shall indemnify and hold harmless CITY and anyone directly or indirectly employed by CITY from and against all claims, damages, losses and expenses (including attorneys' fees) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the work, or resulting from the incorporation in the work of any invention, design, process, program, product or device not specified in the contract documents, and shall defend all such claims in connection with any alleged infringement of such rights. 9 INDEMNIFICATION
To the fullest extent permitted by law, CONTRACTOR and any subcontractors working on its behalf agree to indemnify CITY, its officers, employees, agents and 5-16Concord - Document ID: generated after first signature elected and appointed boards (hereinafter “Indemnified Parties”) 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 performance of any work under this agreement, including any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of CONTRACTOR, or its subcontractors, and regardless of any acts, omissions or negligence (whether active or passive) of any person or entity indemnified hereunder. At their own expense, CONTRACTOR and, as applicable, any subcontractors working on its behalf, shall defend any suit, claim or action against the Indemnified Parties founded upon such loss, claim, demand, cause of action, cost, expense, damage, obligation or liability. CONTRACTOR shall ensure that the contract of any subcontractor working under this agreement contain an indemnity agreement, requiring the subcontractor to indemnify and defend the Indemnified Parties pursuant the terms set forth above. CONTRACTOR shall indemnify the Indemnified Parties, and save it 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 agreement.
10 INSURANCE
10.1 CONTRACTOR, at its expense, shall maintain in effect at all times during the performance of work under this Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers listed “A” or better in the Best’s Insurance Guide and authorized to do business in the State of California.
Proof of Insurance, as identified in Section 10.8, must be reviewed and accepted by the City Attorney.
10.1.1 Workers’ Compensation and Employer’s Liability
Workers’ Compensation -- coverage as required by the State of California Employer’s Liability -- $1,000,000.00 each accident $1,000,000.00 policy limit bodily injury
$1,000,000.00 each employee bodily injury by disease
10.1.2 Commercial General Liability
$1,000,000.00 limit on a per occurrence basis
$2,000,000.00 general aggregate limit
10.1.3 Commercial Automobile Liability
$1,000,000.00 combined single limit including owned, non-owned and hired automobile coverage
10.2 All of CONTRACTOR’s policies shall contain an endorsement providing that written notice shall be given to CITY at least thirty (30) calendar days prior to termination, cancellation, or reduction of coverage in the policy.
10.3 Policies providing for bodily injury and property damage coverage shall contain the following:
6-16Concord - Document ID: generated after first signature A. An endorsement extending coverage to the City as an additional insured, as respects liability arising out of the performance of any work under the Contract.
Such insurance shall be primary insurance, as respects the interest of the City, and any other insurance maintained by the City shall be considered excess coverage and not contributing insurance with the insurance required hereunder. The certificates shall state: “The City of Palmdale, Successor Agency to the Community Redevelopment Agency of the City of Palmdale, Palmdale Civic Authority, Housing Authority, Industrial Development Authority, Airport Authority, their officers, agents, employees and volunteers are named as additional insured”.
B. “Severability of Interest” Clause.
10.4 Promptly upon execution of this Contract, and prior to commencement of any work, CONTRACTOR shall deliver to CITY certificates of insurance and endorsements to all required policies demonstrating that CONTRACTOR has the required coverage and showing the required named insured. Within five (5) days of written request from CITY, CONTRACTOR shall deliver to CITY full and complete copies of all insurance policies required by this Contract.
10.5 The requirements as to the types and limits of insurance to be maintained by CONTRACTOR are not intended to and shall not in any manner limit or qualify CONTRACTOR’s liabilities and obligations under this Contract.
10.6 Any policy or policies of insurance that CONTRACTOR elects to carry as insurance against loss or damage to its equipment and tools or other personal property used in the performance of this Contract shall include a provision waiving the insurer’s right of subrogation against CITY.
10.7 All insurance coverage must be maintained throughout the duration of this Contract.
10.8 Acceptable Proof of Insurance:
10.8.1 ACORD Certificate of Insurance listing all coverage, limits, deductibles and insured; and endorsements for all applicable coverage if agent has authority to issue it; or additional insured Form CG20100704 and CG20370704 or equivalent must be provided for general liability coverage. Additional insured form CA0001 must be provided for automobile liability coverage.
10.8.2 Binders of insurance for all coverage. Agents must confirm that policy endorsements have been ordered from the respective insurance companies. Upon issuance, policy endorsements and a corresponding Certificate of Insurance listing all insurers and coverage must be submitted to the City Attorney.
10.9 Notwithstanding any other provision of this Contract, CITY may immediately terminate this Contract if, at any time CONTRACTOR fails to maintain the required 7-16Concord - Document ID: generated after first signature insurance for any period of time or fails to comply with any of the insurance requirements listed above.
10.10 CONTRACTOR shall require any and all subcontractor's working on its behalf to provide insurance coverages and limits that are based on the scope of work and nature of risk being performed by the subcontractor. Any and all subcontractors working on behalf of CONTRACTOR shall be subject to all other insurance requirements that are stated herein.
Any deviation in this requirement will be CONTRACTOR's sole risk. CONTRACTOR's insurance requirements in Section 10 will not be impacted and/or limited by such deviation.
11 TERMINATION WITHOUT CAUSE
City reserves the right to terminate this Contract or any part thereof for its sole convenience with fifteen (15) days written notice. In the event of such termination, CONTRACTOR shall immediately stop all work hereunder, and shall immediately cause any of its suppliers and subcontractors to cease such work. CONTRACTOR shall also surrender to CITY all finished or unfinished documents, processes, programs and other supplies and materials, which shall be City’s property. As compensation in full for services performed to the date of such termination, the CONTRACTOR shall receive an amount equal to the value of the work completed as of the termination date in accordance with the fee schedule or as negotiated between the parties. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Contract.
12 TERMINATION FOR CAUSE
If CITY determines that CONTRACTOR has failed to supply an adequate working force, or to provide services of proper quality, or has failed in any other respect to satisfactorily perform the services specified in this Contract, CITY shall give written notice to CONTRACTOR specifying all defaults to be remedied within thirty (30) days.
Such notice shall set forth the basis for CITY’s dissatisfaction and suggest corrective measures. If, after thirty days, CONTRACTOR has failed to implement appropriate corrective measures, CITY may elect to terminate this Contract in whole or in part.
12.1 In the event CITY terminates this Contract, in whole or in part, for cause, CITY may procure, upon such terms and in such manner, as it may deem appropriate, services similar to those terminated.
12.2 CONTRACTOR shall provide all finished or unfinished documents, data, studies, software, drawings, programs, processes, maps, photographs, reports, etc., prepared by CONTRACTOR within fifteen (15) working days after notice of termination. Upon such termination, CONTRACTOR shall be paid an amount equal to the value of the services provided and work performed as of the date of termination, taking into consideration the costs associated with hiring another CONTRACTOR to 8-16Concord - Document ID: generated after first signature complete the services. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to both completed work and work in progress, to complete and incomplete documents when such are delivered to CITY, and to authorized reimbursement expenses. The above is in addition to any other remedies available by law or equity to CITY.
12.3 If, after notice of termination of the Contract under the provisions of this Section 12, it is determined, for any reason, that CONTRACTOR was not in default, or that the default was excusable, then the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Section 11. 13 DISPUTE RESOLUTION
All claims, disputes, and other matters in question between CITY and CONTRACTOR arising out of or relating to this Contract or the breach thereof shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. 14 OWNERSHIP OF PRODUCT
All product, data, documents, programs and software including, but not limited to, research, field notes, investigations, analysis, studies, processes, software, instructions for use and other manuals, whether complete or incomplete, which are prepared or produced in the performance of this Contract are to be, and remain the property of CITY and shall be delivered to or left with CITY upon the completion or termination of this Agreement. CONTRACTOR shall furnish CITY, upon its request, originals and reproducible and electronic copies of product, data reports, studies and of all other documents listed above. Electronic copies shall be provided in an unprotected format which allows CITY to copy, reproduce and makes changes as CITY deems necessary.
15 DELEGATION AND ASSIGNMENT
15.1 CONTRACTOR shall not delegate or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY; provided, however, that claims for money due or to become due to CONTRACTOR from CITY under this Contract may be assigned to a bank, trust company or other financial institution without such approval.
15.2 Any assignment, delegation or subcontract shall be made in the name of CONTRACTOR and shall not bind or purport to bind CITY and shall not release CONTRACTOR from any obligations under this Contract including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegates and subcontractors. No such assignment, delegation or subcontract shall result in any increase in the amount of total compensation payable to CONTRACTOR under this Contract.
16 NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY 9-16Concord - Document ID: generated after first signature
16.1 In performance of this Contract, CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of sex, color, race, religion, ancestry, national origin, disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sexual orientation, age, gender, gender identity, gender expression, genetic information, or military and veteran status.
CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their sex, color, race, religion, ancestry, national origin, disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sexual orientation, age, gender, gender identity, gender expression, genetic information, or military and veteran status . Affirmative action relating to employment shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
16.2 The provisions of subsection 16.1 above shall be included in all solicitations or advertisements placed by or on behalf of CONTRACTOR for personnel to perform any services under this Contract. CITY shall have access to all documents, data and records of CONTRACTOR and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 which is incorporated herein by this reference. A copy of Executive Order No. 11246 is available for inspection at, and on file with, the Palmdale City Clerk’s Office. 17 FINANCIAL INTEREST CERTIFICATION
17.1 CONTRACTOR warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee; and that no officer or employee of the CITY has any interest, financially or otherwise, in CONTRACTOR’s firm.
17.2 For breach or violation of this warranty, CITY shall have the right to annul this Contract without liability or at its discretion to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee.
18 CONFLICT OF INTEREST
18.1 CONTRACTOR stipulates that its officers and employees do not now have a conflict of interest and it further agrees for itself, its officers and its employees that it will not contract for or accept employment for the performance of any work or services with any individual business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Contract or which would cause CONTRACTOR to be “financial interested” (as 10-16Concord - Document ID: generated after first signature provided in California Government Code Section 1090 et seq. or 87100 et seq.) in any contract or decision made by CITY on any matter.
18.2 CONTRACTOR shall not employ any City official or employee to perform any work required pursuant to this Contract.
18.3 To the extent required by the City Manager or his designee, CONTRACTOR shall complete and file with the City Clerk a Form 700 Statement of Economic Interests disclosing any reportable property interests, income, gifts, investments, or business positions.
19 COMPLIANCE WITH LAW
19.1 CONTRACTOR shall comply with all state and federal laws, including but not limited to, the requirement to hire only those persons authorized by federal law to work in the United States. If CONTRACTOR uses any subcontractors to complete this Contract, this same requirement shall be included in all subcontracts and strictly enforced by CONTRACTOR.
19.2 The law of the state of California shall govern this Contract. The venue of any legal action, either formal or informal, shall be the County of Los Angeles.
19.3 If applicable, CONTRACTOR acknowledges and understands it must comply with the prevailing wage requirements as set forth in Exhibit “A” attached hereto and incorporated herein by reference, as well as the execution of a Worker’s Compensation Certificate attached hereto as Exhibit “B” and incorporated herein by reference.
20 NOTICES
Any notice required under this Contract shall be in writing, addressed to the appropriate party at its address on the signature page and given personally or by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt.
21 ENTIRE AGREEMENT AND AMENDMENTS
21.1 This Contract is the complete Agreement between the parties and supersedes all prior proposals, agreements, and understandings between the parties and may not be modified or terminated orally.
21.2 No attempted waiver of any of the provisions hereof, nor any modification in the nature, extent or duration of the work to be performed by CONTRACTOR hereunder, shall be binding unless in writing and signed by the party against whom the same is sought to be enforced.
11-16Concord - Document ID: generated after first signature
21.3 The failure of any party to enforce against another party any provision of this Contract shall not constitute a waiver of that party’s right to enforce such a provision at a later time, and shall not serve to vary the terms of this Contract. 22 ATTORNEY’S FEES
If any action at law or in equity is brought to enforce or interpret any provisions of this Contract, the prevailing party in such action shall be entitled to reasonable attorney’s fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
In Witness Whereof, the parties hereto have caused this Contract to be executed and attested by their respective officers thereunto duly authorized.
CITY OF PALMDALE: NAME OF CONTRACTOR:
Laura Bettencourt
Mayor
David Hoyos
President
ADDRESS FOR NOTICE:
CITY OF PALMDALE
38300 Sierra Highway
Palmdale, CA 93550
ADDRESS FOR NOTICE:
J A D HOYOS, INC., DBA FEATHERS
CUSTOM SIGNS
26017 Huntington Lane, Unit F
Valencia, CA 91355
APPROVE AS TO FORM:
William P. Curley, III
Interim City Attorney
ATTEST:
Roxanne Faber
Acting City Clerk
12-16Concord - Document ID: generated after first signature
13-16Concord - Document ID: generated after first signature EXHIBIT “A”
PREVAILING WAGE REQUIREMENTS
1. This Contract calls for work to be performed constituting public works.
Contractor and all subcontractors shall pay the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Article 2 of Chapter 1 of Part 7, of Division 2 of the State Labor Code, including, but not limited to, Sections 1770, 1771, 1773, 1773.2 and 1774.
2. This is a public work and requires the payment of prevailing wages for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor pursuant to Section 1771 of the Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this contract from the Director of the Department of Industrial Relations. These rates are on file with the City or may be obtained at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.
Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code.
Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, not more than $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of this Agreement.
3. Contractors and subcontractors who are ineligible to bid for work on, or be awarded, a public works project pursuant to Labor Code Sections 1777.1 and 1777.7 are prohibited from bidding on, being awarded, or performing work as a subcontractor, on this Project pursuant to Public Contract Code Section 6109.
4. Contractor's attention is directed to the provisions in Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the Labor Code. Contractor shall comply with the provisions in these Sections. The statutory provisions for penalties for failure to comply with the State's wage and hours laws will be enforced. Pursuant to Section 1775 of the Labor Code, the Contractor and any subcontractors, shall, as a penalty to the City forfeit the prescribed amounts per calendar day, or portion thereof, for each worker paid less than the prevailing wage rates.
5. Pursuant to Labor Code Section 1771.4, the Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.
6. Each Contractor and subcontractor shall furnish the records specified in Labor Code Section 1776 directly to the State Labor Commissioner at least monthly in the format prescribed by the State Labor Commissioner.
7. Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of 14-16Concord - Document ID: generated after first signature the Contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location.
8. Section 1777.5 of the Labor Code requires Contractor or subcontractor employing workers in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Contract. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Section 1777.6 of the Labor Code provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age.
9. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810. The statutory provisions for penalties for failure to comply with the State's wage and hour laws will be enforced as set forth in Labor Code Section 1813.
EXHIBIT “B”
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, and all amendments thereto, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City of Palmdale prior to performing any work on the contract:
“I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract.”
NAME OF CONTRACTOR
Contractor
By _______________________
15-16Concord - Document ID: generated after first signature Print Name
__________________________
Signature
__________________________
Title
__________________________
Date
Section 3700 of the State Labor Code reads as follows:
“Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state.
(b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employee.”
---------------------------------------- INTERNAL USE ONLY ----------------------------------------
□Certificate(s) and Endorsement(s) attached
□Confirmed business name on contract with certificate(s) □Attached Agreement Checklist and met all requirements
16-16Concord - Document ID: generated after first signature CC Minutes 02/15/2023 – 5:00PM & 7PM
1 MINUTES
CITY COUNCIL/HA
CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B
PALMDALE, CALIFORNIA
FEBRUARY 15, 2023
www.cityofpalmdale.org
5:00 P.M.
1) CALL MEETINGS TO ORDER
Mayor Pro Tem Alarcón called the meeting to order at 5:11 pm.
*Note: All City Council memberships are reflected in their City Council titles. 2) ROLL CALL
MAYOR BETTENCOURT, MAYOR PRO TEM ALARCÓN, COUNCILMEMBERS
BISHOP, LOA, OHLSEN
PRESENT: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
ABSENT: None.
Acting City Clerk Scott announced that beginning with the March 1, 2023, City Council meeting, the ability for the public to participate via Zoom would no longer be available, but the public would be welcome to provide comments in-person.
Motion: Move to advance Presentation Item 9.2 to be heard at this time.
Moved by Richard J. Loa, seconded by Eric Ohlsen.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
Mr. Nigel Holley, Bishop Hearns, and the participants shared their experiences of being a part of the Justice Sunday event.
3) PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None.
A motion was made and carried unanimously to close the Public Comments.
4) PRESENTATION BY CITY ATTORNEY
Interim City Attorney Curley confirmed all items would be heard as listed.
4.1) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Shanae Smith, Patricia Nevarez and Michael "Mike" Behen vs. City of Palmdale, CC Minutes 02/15/2023 – 5:00PM & 7PM
2 et al.
Los Angeles County Superior Court Case No. 22STCV18219
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
4.2) CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Ricci v. City of Palmdale, et al.
Los Angeles County Superior Court Case No. 22STCV01269
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
4.3) CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Ricky Thorstensen v. City of Palmdale, et al.
Los Angeles County Superior Court Case No. 22STCV29463
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
4.4) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Donald Ross D'Angelo v. City of Palmdale, et al.
Los Angeles County Superior Court Case No. 21AVCV00441
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
4.5) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Gerald Lynn Dolen and Roberta Dora Dolen v. City of Palmdale et al.
Los Angeles County Superior Court Case No. 21AVCV00377
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
4.6) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Tammy Rose Necessary and Glenn Necessary v. City of Palmdale, et al.
Los Angeles County Superior Court Case No. 22AVCV00857
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
4.7) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Daniel Joseph Stoneham and La Eenya Grace Marie Stoneham v. City of Palmdale et al.
Los Angeles County Superior Court Case No. 22AVCV00780
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
4.8) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Marlene Jannet Hernandez
Claim No. 2022-049
This closed session is being held pursuant to the authority of California Government Code Section 54957.5:
4.9) PUBLIC EMPLOYMENT
Title: City Attorney
CC Minutes 02/15/2023 – 5:00PM & 7PM
3 5) ANNOUNCEMENT BY CITY ATTORNEY
Closed Session was held from 5:44 p.m. - 7:08 p.m.
Interim City Attorney Curley announced the Council considered nine (9) items, they were updated and gave direction to the attorneys, and there was nothing required to be reported and no actions taken.
6) ADJOURN CLOSED SESSION MEETING
Mayor Pro Tem Alarcón adjourned the Closed Session meeting at 7:09 p.m.
7:00 P.M.
Mayor Pro Tem Alarcón called the meeting to order at 7:10 p.m.
7) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
8) ROLL CALL MAYOR BETTENCOURT, MAYOR PRO TEM ALARCÓN,
COUNCILMEMBERS BISHOP, LOA, OHLSEN COMMISSIONERS FRAGA-
SAENZ, DENNY
PRESENT: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
ABSENT: None.
Mayor Pro Tem Alarcón announced that presentation Item 9.2 was advanced to the beginning of the 5:00 p.m. meeting.
Motion: Move to continue Item 14.1 to the March 15, 2023 meeting.
Moved by Eric Ohlsen, seconded by Laura Bettencourt.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
9) PRESENTATION(S)
9.1) Mayor Pro Tem Alarcón presented a Proclamation to Cedric White, Director of the Black Chamber of Commerce, declaring February as Black History month. Mr. White thanked the City of Palmdale for partnering with the Black Chamber of Commerce and allowing them to serve the citizens.
9.2) Mayor Pro Tem Alarcón presented of Certificates of Recognition to the students who participated in the Justice Sunday event.
This item was taken out of order and heard at the 5:00 p.m. meeting.
9.3) LaDonna DiCamillo, Regional Director of the California High -Speed Rail Authority, provided an overview of their progress. Margaret Cedroth, Director of Planning and Sustainability of the California High -Speed Rail, provided an overview of the station planning implementation. Discussion ensued regarding the 10,000 job milestone, completion of construction of the different CC Minutes 02/15/2023 – 5:00PM & 7PM
4 phases, Brightline, power source, Environmenta l Impact Report (EIR), funding, and grade separation.
9.4) Ken Craft, Chief Executive Officer of Hope the Mission provided a presentation regarding the Mission for the Palmdale Knights Inn Hotel - Project Home Key.
There were Council questions and discussion regarding occupancy and security.
Motion: Direct City Manager Perez to provide a letter of support for Hope the Mission.
Moved by Andrea Alarcón, seconded by Richard J. Loa.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
10) WAIVER OF FULL READING OF RESOLUTION(S) and ORDINANCE(S) Motion: Move to waive full reading of the Resolution (s) and/or Ordinance(s) to be considered and voted on at this meeting.
Moved by Richard J. Loa, seconded by Eric Ohlsen.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
11) PUBLIC COMMENTS ON CONSENT CALENDAR ITEMS ONLY
Acting City Clerk Scott announced that beginning with the March 1, 2023, City Council meeting, the ability for the public to participate via Zoom would no longer be available, but the public would be welcome to provide comments in-person.
Jason Zink commented regarding assis tance for seniors, veterans, unhoused and Yellen Park construction.
12) HOUSING AUTHORITY CONSENT CALENDAR
1 2 . 1 ) Review and Approve Budget Adjustments for Acquisition of Property. (Staff Reference: Assistant City Manager Miller - Presented by Housing Manager Reyes)
1 2 . 2 ) Approve the minutes from the previous meetings. (Staff Reference: Acting Authority Secretary Scott)
HA - December 7, 2022
HA - January 18, 2023
Motion: Approve all items listed on the Housing Authority Consent Calendar.
Moved by Christina Fraga-Saenz, seconded by Phil Denny.
Vote: Motion carried (7-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen, Christina Fraga-Saenz, Phil Denny.
CC Minutes 02/15/2023 – 5:00PM & 7PM
5 A motion was made and carried unanimously to adjourn the Housing Authority meeting.
13) CONSENT CALENDAR
13.1) Adopt Resolution No. CC 2023 -013, a Resolution of the City Council of the City of Palmdale adopting a Fee Schedule for The Palmdale Film Stage. (Staff Reference: Director of Economic and Community Development Garibay - Presented by Senior Management Analyst Schuler).
Councilmember Bishop pulled this item for discussion. Senior Management Analyst Schuler provided a general overview of the project. Councilmember Bishop thanked staff and Council for their support on this project. Discussion ensued regarding reinvesting fees and rental rates.
Motion: Adopt Resolution No. CC 2023 -013, a Resolution of the City Council of the City of Palmdale adopting a Fee Schedule for The Palmdale Film Stage.
Moved by Austin Bishop, seconded by Richard J. Loa.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
13.2) Award construction agreement with R.C. Becker and Son, Inc. for PN 795, Sam Yellen Park Phase II Project, in the amount of $17,530,162.72. (Staff Reference: Director of Public Works Glidden)
Director of Public Works Glidden provided a detailed overview of this item.
Discussion ensued regarding the bid process, grant funds, and cost of the project. Councilmember Ohlsen thanked staff and Assemblyman Carrillo for their hard work on this project over the years.
Motion: Award construction agreement with R.C. Becker and Son, Inc. for PN 795, Sam Yellen Park Phase II Project, in the amount of $17,530,162.72.
Moved by Eric Ohlsen, seconded by Richard J. Loa.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
13.3) Approve the updated Sewer System Management Plan fo r the City of Palmdale. (Staff Reference: Director of Public Works Glidden)
13.4) Notice of Completion - accept public improvements for Courson Arts Colony - East located at 939 East Avenue Q -12. (Staff Reference: Director of Public Works Glidden)
13.5) Accept the Local Agency Technical Assistance Grant from the California Public Utilities Commission in the amount of $325,000 for a Digital Equity Study. (Staff Reference: Director of Public Works Glidden - Presented by Innovation and Environmental Manager Lucha)
CC Minutes 02/15/2023 – 5:00PM & 7PM
6 13.6) Adopt Resolution No. CC 2023 -015 Authorizing California Choice Energy Authority to Enter into a Long-Term Renewable Energy Agreement with 3Degrees Group, Inc. on behalf of Energy for Palmdale’s Independent Choice. (Staff Reference: Director of Publ ic Works Glidden - Presented by Energy Resource Manager Salt)
13.7) Approve the minutes from the previous meetings. (Staff Reference: Acting City Clerk Scott)
CC - January 18, 2023 (5:00 pm & 7:00 pm)
Motion: Approve all items listed on the Consent Calendar with the exception of Items
13.1 and 13.2.
Moved by Eric Ohlsen, seconded by Richard J. Loa.
Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
14) PUBLIC HEARING
14.1) 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 FO OD 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; ADDING PMC SECTION 5.04.600; ADDING PMC CHAPTER 8.46; REPEALING AND DELETING PMC SECTIONS 8.04.105, 10.04.120); 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 FOOD VENDING
Mayor Pro Tem Alarcón announced Item 14.1 would be continued to the March 15, 2023, meeting.
15) NEW BUSINESS
15.1) Discussion and possible direction regarding a possible partnership with the City of Santa Monica regarding housing opportunities. (Staff Reference: City Manager Perez)
City Manager Perez provided a brief overview of this item. Discussion ensued regarding the unhoused in Santa Monica, legislation, and regional housing needs allocation.
Motion: Authorize the City Manager Perez to enter into discussion with the City of Santa Monica regarding housing opportunities.
Moved by Eric Ohlsen, seconded by Andrea Alarcón.
Vote: Motion carried (4-1)
Yes: Andrea Alarcón, Austin Bishop, Richard J. Loa, Eric Ohlsen.
No: Laura Bettencourt.
CC Minutes 02/15/2023 – 5:00PM & 7PM
7 16) PUBLIC COMMENTS ON NON-AGENDA ITEMS
The following individuals provided public comments:
Jason Zink spoke regarding renaming Desert Sands Park, free internet and cable for seniors, Amargosa Recharge project, Measure J, and parks.
Claudia Perez spoke regarding reduction of city fines.
Marcos Alvarez commented on the unhoused and rules and regulations.
Juan Blanco spoke regarding regional housing needs.
A motion was made and carried unanimously to close the Public Comments.
17) CITY MANAGER’S REPORT
City Manager Perez announced the following:
• The low cost spay and neuter program just serviced its seven -hundredth animal in 7 months.
• The City will be partnering with Karma Rescue on March 26th to provide a vaccine clinic and ten-dollar microchips at SAVES. The City will partner with the County on two additional dates this year to provide similar services. • Season of Service is coming up in the next couple months. • March is Women's History Month, and the City will host a Women's Symposium. • The City is making a dent in graffiti and illegal dumping, almost two- thousand tons of illegal dumping was picked up in the month of January and staff members have cleaned up well over a thousand graffiti tags.
Councilmember Loa provided clarification regarding his vote on the City settlement with former City Manager Murphy and other allegations.
Mayor Pro Tem Alarcón commended city staff for graffiti clean-up efforts and stated the City is receiving applications for the Planning Commission and the Human Rights Advisory Committee.
18) ADJOURNMENT
Mayor Pro Tem Alarcón adjourned the meeting at 9:30 p.m. in honor of Dr. William "Bill" Mathis.
PASSED, APPROVED, and ADOPTED this 15th day of March 2023
Laura Bettencourt, Mayor
ATTEST:
Rochelle Scott, Acting City Clerk
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 ORDINANCE NO. 1603, AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALMDALE APPROVING
ZONING ORDINANCE AMENDMENT 21-007
ISSUE
Adopt Ordinance No. 1603 approving Zoning Ordinance Amendment (ZOA) 21-007
RECOMMENDATION
The Planning Commission recommends that the City Council:
1. Receive public testimony regarding Ordinance No. 1603;
2. Adopt Ordinance No. 1603 approving ZOA 21-007; and,
3. Find that the project is consistent with Program Environmental Impact Report (PEIR) 22-002 prepared and certified in conjunction with the C ity’s General Plan update (Palmdale 2045).
BACKGROUND
On September 21, 2022, Palmdale 2045 was approved by the City Council and replaced the previously adopted General Plan (1993). ZOA 21 -007 is necessary to implement the vision of Palmdale 2045 as well as support new land use patterns and future development. In addition to ensuring consistency with Palmdale 2045 and applicable laws, ZOA 21-007 also includes the following revisions to the Palmdale Municipal Code (PMC):
PMC Chapter 17.95 (Communicationsand Utilities) has been reorganized so that information relating to wireless telecommunications facilities within the public right-of-way (previously PMC Section 17.95.050) has been moved to Title 12 (Streets, Sidewalks, and Public Places).
Report to Mayor and City Council
Re: ZOA 21-007
March 15, 2023
PMC Title 16 (Subdivisions) has been revised to include development regulations, processes, and procedures consistent with applicable laws relating to Urban Lot Splits.
PMC Chapter 17.88 (Signage) has not been comprehensively updated, as it was amended in 2021, but was reformatted to ensure consistency with the remainder of the updates made within Title 17 of the PMC.
Public Notification and Community Feedback
With the comprehensive update of Palmdale 2045, a comprehensive zoning code amendment was necessary, therefore the public engagement process began alongside the General Plan. The public notification of the update to the zoning code was promoted via digital notification in both English and Spanish (social media, press releases, online advertisements, newsletters, eblasts, electronic billboard advertisements, and Palmdale Minute Videos).
Given that the engagement process of Palmdale 2045 was robust, it provided the framework for the zoning code and when the draft zoning code was available, staff conducted two virtual office hours, which included availability for Spanish interpretation.
The virtual office hours included a brief overview of the ZOA, but were primarily intended to answer questions about the proposed modifications to Title 17 of the PMC, while also allowing the community to voice concerns.
On February 9, 2023, the Planning Commission adopted Resolution No. PC-2023-001 recommending City Council approval of ZOA 21-007.
PROJECT DESCRIPTION
ZOA 21-007 would amend Title 17 of the PMC to ensure compliance with Palmdale 2045, applicable State and Federal laws, as well as comprehensively modify processes, uses, and standards of development to enhance usability, streamline processes and encourage flexibility. The new zoning regulations and the associated zoning map have been revised in a manner that is understandable, allows flexibility for development, and will encompass the goals and policies of Palmdale 2045.
DISCUSSION
The proposed ZOA is a comprehensive amendment to Title 17 of the PMC and the associated zoning map, as described below:
The Zoning Code identifies uses that are permitted, conditionally permitted, or prohibited, within permissions tables within each zoning designation and encourages flexibility and supportive uses.
Report to Mayor and City Council
Re: ZOA 21-007
March 15, 2023
The comprehensive update implements the land use patterns and development framework established within Palmdale 2045. This includes the creation of new zones and development standards for zoning designations such as RN3 (Residential Neighborhood 3), MH (Mobile Home), MEDFX (Medical Flex), EDFX (Educational Flex) and MU 1,2, and 3 (Mixed-Use 1, 2, and 3). Additionally, the update incorporates new design standards for commercial and industrial designations to improve the overall appearance of these types of developments within the City.
The proposed ZOA includes a comprehensive update to processing practices to improve and streamline project review and approval. For example, a clear and concise Review Authority table has been provided to enhance usability of the document. Additionally, shifting of review responsibilities has allowed more applications, such as Site Plan Reviews, to be approved administratively, which will save the development and business community time and money. The proposed update will also introduce a new application type (Minor Use Permit).
The purpose of a Minor Use Permit is to allow certain uses to be approved administratively that require special consideration in their design or operation to ensure compatibility with the surrounding area.
In compliance with State housing laws such as Senate Bill (SB) 13 and SB 9, the zoning code update enhances development regulations and processes to ensure consistency with applicable laws (i.e., related to Accessory Dwelling Units, Urban Lot Splits, etc.) and the General Plan.
The zoning code update will improve usability and streamline development by creating a highly modernized and illustrative document. Although the document will look very different from its current form, some chapters such as Divisions 8 and 10, will remain substantially the same.
Draft Zoning Map
The General Plan and land use map serve as a guide to land use and development, by identifying land use designations for all properties within the City and the City’s sphere of influence. The updates to Title 17 maintain several existing zoning designations and create new zoning designations as needed to be consistent with Palmdale 2045. The zones have been established to enhance flexibility and allow a wide variety of supportive uses in order to meet the vision of the City, while still accommodating the development and business community. In addition, the proposed zoning designations maintain a one- to-one correlation with the General Plan land use designation, with the exception of EF (Employment Flex), HW (Health and Wellness), and IND (Industrial) land use designations. For instance, within the EF (Employment Flex) land use designation, Report to Mayor and City Council
Re: ZOA 21-007
March 15, 2023
zoning designations include OFX (Office Flex) and LI (Light Industrial), and within the IND (Industrial) land use designation, zoning designations include LI (Light Industrial) and HI (Heavy Industrial).
Changes since Release of Public Draft
Based on the input from the development and business community, minor modifications related to processes, allowable uses, and development standards have been made to the document since the release of the public draft zoning code.
FISCAL IMPACT
ZOA 21-007 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: Megan Taggart, Planning Manager
Jasmine Almora, Associate Planner
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, Special Counsel
ATTACHMENT
1. Ordinance No. 1603
CITY OF PALMDALE
COUNTY OF LOS ANGELES, CALIFORNIA
ORDINANCE NO. 1603
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING ZONING ORDINANCE AMENDMENT 21-007; A REQUEST
TO MODIFY THE ZONING CODE AND ZONING MAP TO BE IN
COMPLIANCE WITH THE CITY’S GENERAL PLAN UPDATE
(PALMDALE 2045), APPLICABLE LAWS, AS WELL AS
COMPREHENSIVELY MODIFY PROCESSES, USES, AND
STANDARDS OF DEVELOPMENT AND FIND THAT THE PROJECT IS
CONSISTENT WITH PROGRAM ENVIRONMENTAL IMPACT REPORT
(PEIR) 22-002 PREPARED AND CERTIFIED IN CONJUNCTION WITH PALMDALE 2045
A. RECITALS
WHEREAS, City of Palmdale (City), has prepared a comprehensive zoning code and zoning map update as outlined within Exhibits I and II; WHEREAS, the City, has filed an application that applies to the City and the City’s sphere of influence, requesting the approval of Zoning Ordinance Amendment (ZOA) 21-007, described herein (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-2023-001 recommending City Council approval of ZOA 21-007 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.
Ordinance No. 1603
SECTION 2 . The City Council hereby finds as follows with respect to the environmental documentation:
(a) The project is consistent with Program Environmental Impact Report (PEIR) 22-002 prepared and certified in conjunction with 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. 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 ZOA 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:
Ordinance No. 1603
(a) The proposed ZOA conforms with the goals, objectives and policies of the General Plan. (ZOA)
(b) The proposed change in zone is consistent with the General Plan. (ZC) The Application comprehensively amends Title 17 of the PMC to ensure compliance with Palmdale 2045, applicable State and Federal laws, as well as comprehensively modify processes, uses, and standards of development to enhance user usability, streamline projects and encourage flexibility. The proposed Application will allow the City to meet the goals, policies, and objectives of Palmdale 2045, because it has been refined to encompass best practices, improve approval procedures, and enhance flexibility. The zoning designations are intended to allow flexibility and a wide range of supportive uses in order to meet the vision of the City.
(c) The proposed ZOA is necessary to implement the General Plan and to provide for public safety, convenience and/or general welfare. (ZOA) Pursuant to Government Code Section 65860, 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 PMC is required. ZOA 21-007 is necessary to be consistent with the vision of Palmdale 2045, it will create a modern and streamlined document for the general public, development and business community and staff. Furthermore, the proposed ZOA will address recently adopted housing law requirements associated with Accessory Dwelling Units (ADUs) and Junior ADUs, affirmatively broadening the Fair Housing component, and addressing special-needs populations. The proposed ZOA will assist with the overall growth and development throughout the City, which will in turn enhance safety and welfare by encouraging active public spaces, promote “eyes on the street” building designs, and avoiding blight caused by vacancies. (d) The proposed ZOA conforms with the intent of the Zoning Ordinance and is consistent with all other related provisions thereof. (ZOA) (e) The site of the proposed change in zone is suitable for any of the land uses permitted within the proposed zone district. (ZC)
Ordinance No. 1603
With the recent adoption of Palmdale 2045, new land use designations were incorporated within the document and its associated map.
Therefore, the Application is required to maintain existing zoning designations and to establish new zoning designations as needed to be consistent with the recently adopted General Plan land use map. The proposed changes are consistent with the purpose and intent of the zoning code, because the Application encourages flexibility for future development, streamlines use of the zoning code, modernizes the code to include best practices and updated standards, provides descriptive regulations and illustrations, and ensures consistency with State law, the PMC and the General Plan. Furthermore, the comprehensive zoning update will assist the City’s long-term vision of future growth and development by encouraging flexibility and allowing a wide variety of supportive uses. Lastly, the proposed Application will implement the land use patterns and development framework established within the Palmdale 2045.
(f) The proposed ZOA is reasonable and beneficial at this time. (ZOA) (g) The proposed change in zone is reasonable and beneficial at this time. (ZC)
(h) The proposed change in zone will not have a substantial adverse effect on surrounding properties or the community in general. (ZC) ZOA’s occur over time in order to improve the quality of life, provide convenience, remain current with local government best practices and ensure compliance with applicable laws and regulations. Additionally, the proposed changes to the existing provisions and procedures will allow greater flexibility for development within the City, which will improve the quality of life for residents. Furthermore, the proposed ZOA comprehensively modifies processes, uses, and standards of development to enhance usability and streamline processes. The Application is intended to allow a wide range of supportive uses in order to meet the vision of the City, while refining best practices. Lastly, the proposed Application will not have a substantial adverse effect on the community because it will assist with the overall growth and development needs within the City, while enhancing active public spaces and building designs consistent with the vision of Palmdale 2045.
Ordinance No. 1603
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 Zoning Ordinance Amendment 21-007 modifying the City’s zoning code and map to be consistent with Palmdale 2045 as shown in Exhibits I and II of this Ordinance. Additionally, the City Council directs the Director of Economic and Community Development to utilize the appropriate current fee as established by City Council resolution for new applications and existing applications with new processes until such time as the fee resolution is updated and adopted by City Council.
SECTION 5 . Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or ineffective, provided the basic purposes of this Ordinance and the benefits to the City and the public are not substantially impaired.
Ordinance No. 1603
SECTION 6 . 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 Special Counsel
I, Rochelle Scott, Acting City Clerk of the City 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
Palmdale Municipal Code Title 17
Public Hearing Draft_02-2023 1-1
Title 17. Zoning
Title 17. Zoning ........................................................................................................................................ 1-1 Division 1. INTRODUCTORY PROVISIONS ................................................................................................ 1-15
17.10 Introductory Provisions ....................................................................................................... 1-17
17.10.010 Authority for this Ordinance ........................................................................................ 1-17
17.10.020 Short Title .................................................................................................................. 1-17
17.10.030 Replacement of Previous Ordinances ........................................................................... 1-17
17.10.040 Purpose ..................................................................................................................... 1-17
17.10.050 Prohibitions ................................................................................................................ 1-18
17.10.060 General Plan Consistency ............................................................................................ 1-19
17.11 Scope ................................................................................................................................. 1-19
17.11.010 Replacement of Other Ordinances ............................................................................... 1-19
17.11.020 Compliance with Other Ordinances and Laws ............................................................... 1-19
17.11.030 Reference to any Portion of this Ordinance .................................................................. 1-19
17.11.040 Severability of any Portion of this Ordinance ................................................................ 1-19
17.11.050 Continuation of Previously Granted Variances .............................................................. 1-19
17.11.060 Continuation of Previously Granted Permits ................................................................. 1-20
17.11.070 Continuation of Previously Adopted Development Agreements ..................................... 1-20
17.11.080 Continuation of Existing Nonconforming Uses ............................................................... 1-20
17.11.090 Substandard Lots ........................................................................................................ 1-20
17.11.100 Procedures Regarding Projects in Progress and Pending Proceedings ............................. 1-20
17.11.110 Violation of Previous Ordinance ................................................................................... 1-21
17.11.120 Private Agreements .................................................................................................... 1-21
17.12 Interpretations ................................................................................................................... 1-21
17.12.010 Interpretation of Language .......................................................................................... 1-21
17.12.020 Similar Use Determination ........................................................................................... 1-21
17.12.030 Minimum Requirements of this Ordinance ................................................................... 1-21
17.12.040 Conflicting Regulations ................................................................................................ 1-21
17.12.050 Discretion .................................................................................................................. 1-22
17.12.060 Time Limits ................................................................................................................ 1-22
17.12.070 Terminology ............................................................................................................... 1-22
17.12.080 Photo and Figure Disclaimer ........................................................................................ 1-22 Palmdale Municipal Code Title 17
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17.13 Delegation of Authority ....................................................................................................... 1-22
17.13.010 Responsibility of Administration .................................................................................. 1-22
17.13.020 Assumption of Power or Duty of Public Officer .............................................................. 1-23
17.14 Designation of Zones and Districts........................................................................................ 1-23
17.14.010 List of Zones ............................................................................................................... 1-23
17.14.020 Zone Regulations and Use Classifications ...................................................................... 1-24
17.14.030 Permissions Tables and Establishment of an Allowed Use .............................................. 1-25
17.14.040 Allowed Uses and Permit Requirements ....................................................................... 1-25
17.15 Maps ................................................................................................................................. 1-26
17.15.010 Zoning Maps .............................................................................................................. 1-26
17.15.020 Interpretation of Zone Boundaries ............................................................................... 1-26
17.16 Definitions .......................................................................................................................... 1-27
17.16.010 (A) ............................................................................................................................. 1-27
17.16.020 (B) ............................................................................................................................. 1-32
17.16.030 (C) ............................................................................................................................. 1-34
17.16.040 (D) ............................................................................................................................. 1-39
17.16.050 (E) ............................................................................................................................. 1-41
17.16.060 (F) ............................................................................................................................. 1-42
17.16.070 (G) ............................................................................................................................. 1-44
17.16.080 (H) ............................................................................................................................. 1-45
17.16.090 (I) .............................................................................................................................. 1-46
17.16.100 (J) .............................................................................................................................. 1-47
17.16.110 (K) ............................................................................................................................. 1-48
17.16.120 (L) .............................................................................................................................. 1-48
17.16.130 (M) ............................................................................................................................ 1-52
17.16.140 (N) ............................................................................................................................. 1-56
17.16.150 (O) ............................................................................................................................. 1-57
17.16.160 (P) ............................................................................................................................. 1-58
17.16.170 (Q) ............................................................................................................................. 1-61
17.16.180 (R) ............................................................................................................................. 1-61
17.16.190 (S) ............................................................................................................................. 1-65
17.16.200 (T) ............................................................................................................................. 1-71
17.16.210 (U) ............................................................................................................................. 1-73 Palmdale Municipal Code Title 17
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17.16.220 (V) ............................................................................................................................. 1-74
17.16.230 (W) ............................................................................................................................ 1-76
17.16.240 (X) ............................................................................................................................. 1-76
17.16.250 (Y) ............................................................................................................................. 1-76
17.16.260 (Z) ............................................................................................................................. 1-76
17.17 Rules of Measurement .................................................................................................................. 1-77
17.17.010 Fractions .................................................................................................................... 1-77
17.17.020 Measuring Distances ................................................................................................... 1-77
17.17.030 Measuring Heights ...................................................................................................... 1-78
17.17.040 Lots and Setbacks ....................................................................................................... 1-80
17.17.050 Floor Area and Lot Coverage ........................................................................................ 1-81
17.17.060 Density ...................................................................................................................... 1-83
Division 2. REVIEW PROCEDURES ............................................................................................................ 2-1
17.20 General Review Procedures ............................................................................................................ 2-3
17.20.010 Review Procedures ................................................................................................................. 2-3
17.20.020 Notification Procedures .......................................................................................................... 2-4
17.20.030 Pre-Application ....................................................................................................................... 2-7
17.20.040 Development Applications ..................................................................................................... 2-8
17.20.050 Time Limitations for Application Acceptance ......................................................................... 2-9
17.20.060 Denial of Incomplete Applications ......................................................................................... 2-9
17.20.070 Time Limits for Rendering Land Use Decisions ....................................................................... 2-9
17.20.080 Decisions by the Review Authority ....................................................................................... 2-10
17.20.090 Effective Date of Land Use Decisions ................................................................................... 2-10
17.20.100 Modifications to Land Use Approvals ................................................................................... 2-11
17.20.110 Appeal Procedures ............................................................................................................... 2-11
17.20.120 Time Limits and Extensions for Conditional Land Use Decisions .......................................... 2-12
17.20.130 Final Clearance ..................................................................................................................... 2-12
17.21 Site Plan Review ............................................................................................................................ 2-14
17.21.010 Purpose ................................................................................................................................. 2-14
17.21.020 Applicability .......................................................................................................................... 2-14
17.21.030 Application Procedure .......................................................................................................... 2-15
17.21.040 Review Authority .................................................................................................................. 2-16
17.21.050 Approval Requirements and Conditions ............................................................................... 2-16
17.21.060 Required Findings for Approval ............................................................................................ 2-16 Palmdale Municipal Code Title 17
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17.21.070 Post Decision Procedures ..................................................................................................... 2-17
17.21.080 Time Limits and Extensions for Site Plan Review Decisions ................................................. 2-17
17.22 Conditional Use Permits ................................................................................................................ 2-18
17.22.010 Purpose ................................................................................................................................. 2-18
17.22.020 Applicability .......................................................................................................................... 2-18
17.22.030 Application Procedure .......................................................................................................... 2-18
17.22.040 Review Authority .................................................................................................................. 2-19
17.22.050 Approval Requirements and Conditions ............................................................................... 2-19
17.22.060 Required Findings for Approval ............................................................................................ 2-20
17.22.070 Post Decision Procedures ..................................................................................................... 2-20
17.23 Variances and Minor Exceptions ................................................................................................... 2-22
17.23.010 Purpose ................................................................................................................................. 2-22
17.23.020 Applicability .......................................................................................................................... 2-22
17.23.030 Application Procedures ........................................................................................................ 2-25
17.23.040 Review Authority .................................................................................................................. 2-25
17.23.050 Approval Requirements and Conditions ............................................................................... 2-25
17.23.060 Required Findings for Approval ............................................................................................ 2-26
17.23.070 Post Decision Procedures ..................................................................................................... 2-26
17.24 Zoning/Land Use Administration ................................................................................................... 2-28
17.24.010 Zoning Map Changes ............................................................................................................ 2-28
17.24.020 Zoning Ordinance Amendments ........................................................................................... 2-29
17.24.030 General Plan Amendments ................................................................................................... 2-31
17.24.040 Determination on Unlisted Uses .......................................................................................... 2-32
17.25 Agreements ................................................................................................................................... 2-34
17.25.010 Development Agreements ................................................................................................... 2-34
17.25.020 Density Bonus Agreements .................................................................................................. 2-36
17.26 Administrative Approvals .............................................................................................................. 2-39
17.26.010 General Provisions ................................................................................................................ 2-39
17.26.020 Subdivision Development Plan Review ................................................................................ 2-39
17.26.030 Zoning Clearance Review...................................................................................................... 2-40
17.26.040 Minor Modifications to Approved Plans .............................................................................. 2-42
17.26.050 Minor Use Permit ................................................................................................................. 2-43
17.26.060 Home Occupation Clearance ................................................................................................ 2-46
17.26.070 Additional Animals Clearance ............................................................................................... 2-49
17.26.080 Requests for Reasonable Accommodation .......................................................................... 2-51 Palmdale Municipal Code Title 17
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17.26.090 Minor Site Plan Review ......................................................................................................... 2-52
17.26.100 Temporary Use and Special Event Permits ........................................................................... 2-55
17.27 Comprehensive Development Plans ............................................................................................. 2-58
17.27.010 Purpose ................................................................................................................................. 2-58
17.27.020 Applicability .......................................................................................................................... 2-58
17.27.030 Application Procedures ........................................................................................................ 2-58
17.27.040 Specific Plan .......................................................................................................................... 2-59
17.27.050 Planned Development .......................................................................................................... 2-62
17.28 Non-Conforming Uses, Structures and Parcels ............................................................................. 2-65
17.28.010 Purpose ................................................................................................................................. 2-65
17.28.020 Definitions ............................................................................................................................ 2-65
17.28.030 Restrictions on Non-Conforming Structures and Uses ......................................................... 2-65
17.28.040 Off-street Parking Deficiency................................................................................................ 2-66
17.28.050 Residential Exemptions ........................................................................................................ 2-66
17.28.060 Loss of Non-Conforming Status ............................................................................................ 2-67
17.28.070 Non-Conforming Parcel ........................................................................................................ 2-67
17.28.080 Non-Conformity Due to Lack of Conditional Use Permit ...................................................... 2-68
Division 3. RESIDENTIAL ZONES ............................................................................................................... 3-1
17.30 General Purpose and Intent ............................................................................................................ 3-2
17.31 Rural Single-Family Residential Zones ............................................................................................. 3-2
17.31.010 Purpose and Intent ................................................................................................................. 3-2
17.32 Single-Family Residential Zones ...................................................................................................... 3-3
17.32.010 Purpose and Intent ................................................................................................................. 3-3
17.33 Residential Neighborhood Zones .................................................................................................... 3-3
17.33.010 Purpose and Intent ................................................................................................................. 3-3
17.34 Mobile Home (MH) .......................................................................................................................... 3-4
17.34.010 Purpose and Intent ................................................................................................................. 3-4
17.35 Land Use Regulations ...................................................................................................................... 3-4
17.35.010 Permissions Tables and Establishment of an Allowed Use ..................................................... 3-4
17.35.020 Allowed Uses – Residential Zones .......................................................................................... 3-5
17.36 Development Regulations ............................................................................................................. 3-16
17.36.010 Development Standards – Residential Zones ....................................................................... 3-16
17.37 Supplemental Standards for Single-Family Residential Development .......................................... 3-22
17.37.010 Detached Single-Family Residential Standards .................................................................... 3-22
17.37.020 Zero Lot Line Option ............................................................................................................. 3-31 Palmdale Municipal Code Title 17
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17.37.030 Residential Sports Courts ..................................................................................................... 3-31
17.38 Supplemental Standards for Multi-Family Residential Development ........................................... 3-33
17.38.010 Multi-Family Residential Objective Design Standards. ......................................................... 3-33
17.38.020 Site Design and Access ......................................................................................................... 3-33
17.38.030 Services and Utilities ............................................................................................................ 3-33
17.38.040 Security and Lighting ............................................................................................................ 3-34
17.38.050 Open Space ........................................................................................................................... 3-34
17.38.060 Neighborhood Transitions .................................................................................................... 3-35
17.38.070 Dwelling Unit Requirements................................................................................................. 3-36
17.39 Standards for Two-Unit Developments and Urban Lot Splits in Single-Family Zones ................... 3-37
17.39.010 Purpose ................................................................................................................................. 3-37
17.39.020 Approval Process .................................................................................................................. 3-37
17.39.030 Applicability and Criteria ...................................................................................................... 3-37
17.39.040 Standards and Requirements ............................................................................................... 3-39
17.39.050 Specific Adverse Impacts ...................................................................................................... 3-40
17.39.060 Required Affidavit ................................................................................................................. 3-40
17.39.070 Enforcement ......................................................................................................................... 3-41
Division 4. COMMERCIAL/OFFICE ZONES ................................................................................................. 4-1
17.40 General Purpose and Intent ............................................................................................................ 4-1
17.41 Neighborhood Commercial (NC) ..................................................................................................... 4-2
17.42 Regional Commercial (RC) ............................................................................................................... 4-2
17.43 Visitor Commercial (VC) .................................................................................................................. 4-2
17.44 Medical Flex (MEDFX) ...................................................................................................................... 4-2
17.45 Educational Flex (EDFX) ................................................................................................................... 4-3
17.46 Office Flex (OFX) .............................................................................................................................. 4-3
17.47 Land Use Regulations ...................................................................................................................... 4-3
17.47.010 Permissions Tables and Establishment of an Allowed Use ..................................................... 4-3
17.47.020 Allowed Uses – Commercial/Office Zones ............................................................................. 4-4
17.48 Development Regulations ............................................................................................................. 4-12
17.48.010 Development Standards – Commercial/Office Zones .......................................................... 4-12
17.49 Supplemental Standards ............................................................................................................... 4-15
17.49.010 Standards for Multi-Family Residential/Mixed-Use Development in the RC and EDFX Zones . 4- 15 17.49.020 Hours of Operation for Delivery and Truck Loading/Unloading ........................................... 4-15
17.49.030 Security Roll Up/Down Shutters ........................................................................................... 4-15 Palmdale Municipal Code Title 17
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17.49.040 Private Streets ...................................................................................................................... 4-15
17.49.050 Plant 42 Adjacency Standards .............................................................................................. 4-15
17.49.060 Design Standards for Commercial/Office Development ...................................................... 4-15
Division 5. MIXED USE ZONES.................................................................................................................. 5-1
17.50 General Purpose and Intent ............................................................................................................ 5-1
17.51 Mixed-Use 1 (MU1) ......................................................................................................................... 5-2
17.52 Mixed-Use 2 (MU2) ......................................................................................................................... 5-2
17.53 Mixed-Use 3 (MU3) ......................................................................................................................... 5-2
17.54 Land Use Regulations ...................................................................................................................... 5-3
17.54.010 Permissions Tables and Establishment of an Allowed Use ..................................................... 5-3
17.54.020 Allowed Uses – Mixed-Use Zones ........................................................................................... 5-4
17.55 Development Regulations ............................................................................................................. 5-10
17.55.010 Development Standards – Mixed-Use Zones ....................................................................... 5-10
17.56 Supplemental Standards ............................................................................................................... 5-16
17.56.010 Multi-Family/Mixed-Use Residential Standards ................................................................... 5-16
17.56.020 Single-Family Residential Standards ..................................................................................... 5-16
17.56.030 Performance Standards for Mixed-Use Zones ...................................................................... 5-16
Division 6. INDUSTRIAL ZONES ................................................................................................................ 6-1
17.60 General Purpose and Intent ............................................................................................................ 6-1
17.61 Light Industrial (LI) ........................................................................................................................... 6-2
17.62 Heavy Industrial (HI) ........................................................................................................................ 6-2
17.63 Aerospace Industrial (AI) ................................................................................................................. 6-2
17.64 Mineral Resource Extraction (MRE) ................................................................................................ 6-2
17.65 Land Use Regulations ...................................................................................................................... 6-3
17.65.010 Permissions Tables and Establishment of an Allowed Use ..................................................... 6-3
17.65.020 Allowed Uses – Industrial Zones ............................................................................................. 6-4
17.66 Development Regulations ............................................................................................................. 6-11
17.66.010 Development Standards – Industrial Zones ......................................................................... 6-11
17.67 Supplemental Standards ............................................................................................................... 6-12
17.67.010 Operations ............................................................................................................................ 6-12
17.67.020 Performance Standards. ....................................................................................................... 6-12
17.67.030 Parking .................................................................................................................................. 6-12
17.67.040 Landscaping and Trees ......................................................................................................... 6-13
17.67.050 Rail Service Standards .......................................................................................................... 6-13 Palmdale Municipal Code Title 17
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17.67.060 Private Streets ...................................................................................................................... 6-13
17.67.070 Sidewalks .............................................................................................................................. 6-13
17.67.080 Paving ................................................................................................................................... 6-13
17.67.090 Plant 42 Adjacency Standards .............................................................................................. 6-13
17.67.100 Privacy Standards for Adjacent Residential Properties ........................................................ 6-13
17.67.110 Design Standards for Industrial Development ..................................................................... 6-13
17.67.120 Mining and Quarry Special Standards .................................................................................. 6-16
Division 7. SPECIAL PURPOSE ZONES ....................................................................................................... 7-1
17.70 General Purpose and Intent ............................................................................................................ 7-1
17.71 Public Facilities Zones ...................................................................................................................... 7-2
17.71.010 Purpose and Intent ................................................................................................................. 7-2
17.72 Open Space (OS) .............................................................................................................................. 7-2
17.72.010 Purpose and Intent ................................................................................................................. 7-2
17.73 Utilities and Rights-of-Way (U-ROW) .............................................................................................. 7-2
17.73.010 Purpose and Intent ................................................................................................................. 7-2
17.74 Specific Plan (SP) ............................................................................................................................. 7-2
17.74.010 Purpose and Intent ................................................................................................................. 7-2
17.74.020 Land Use Regulations and Development Standards for Specific Plans .................................. 7-2
17.75 Land Use Regulations ...................................................................................................................... 7-3
17.75.010 Permissions Tables and Establishment of an Allowed Use ..................................................... 7-3
17.75.020 Allowed Uses – Public Facilities and Open Space Zones ........................................................ 7-4
17.76 Development Regulations ............................................................................................................. 7-11
17.76.010 Development Standards – Public Facilities and Open Space Zones ..................................... 7-11
17.77 Supplemental Standards ............................................................................................................... 7-12
17.77.010 Operations ............................................................................................................................ 7-12
Division 8. GENERAL DEVELOPMENT STANDARDS ................................................................................... 8-3
17.80 Purpose and Applicability ................................................................................................................ 8-3
17.80.010 Intent and Purpose ................................................................................................................. 8-3
17.80.020 Applicability ............................................................................................................................ 8-3
17.80.030 Nuisances ............................................................................................................................... 8-3
17.81 Parcel Requirements ....................................................................................................................... 8-3
17.81.010 Lot Area .................................................................................................................................. 8-3
17.81.020 Lot Width ................................................................................................................................ 8-4 Palmdale Municipal Code Title 17
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17.81.030 Lot Frontage and Access ......................................................................................................... 8-4
17.82 Setbacks and Location of Buildings ................................................................................................. 8-4
17.82.010 Required Setbacks .................................................................................................................. 8-4
17.82.020 Accessory Structures .............................................................................................................. 8-5
17.82.030 Projections into Required Setbacks ........................................................................................ 8-8
17.82.040 Reserved ............................................................................................................................... 8-10
17.82.050 Distance Between Buildings in Residential and Mixed-Use Zones ....................................... 8-10
17.82.060 Use of Setbacks .................................................................................................................... 8-11
17.82.070 Safety Visibility Area Restrictions ......................................................................................... 8-11
17.82.080 Modification of Setback Requirements ................................................................................ 8-12
17.83 Transition Between Land Uses and Zones ..................................................................................... 8-12
17.83.010 Purpose ................................................................................................................................. 8-12
17.83.020 Applicability .......................................................................................................................... 8-12
17.83.030 Development Standards ....................................................................................................... 8-12
17.84 Performance Standards ................................................................................................................. 8-13
17.84.010 Applicability .......................................................................................................................... 8-13
17.84.020 Smoke or Other Particulate Matter ...................................................................................... 8-13
17.84.030 Heat, Light, and Glare ........................................................................................................... 8-14
17.84.040 Electromagnetic Disturbances and Radiation ...................................................................... 8-14
17.84.050 Noise Standards .................................................................................................................... 8-14
17.84.060 Maintenance of Required Facilities ...................................................................................... 8-14
17.84.070 Fire Department Requirements ............................................................................................ 8-14
17.84.080 Public Nuisance .................................................................................................................... 8-14
17.85 Utilities and Services ..................................................................................................................... 8-14
17.85.010 Utilities, Service Areas, and Building Equipment .................................................................. 8-14
17.85.020 Refuse and Recycling ............................................................................................................ 8-16
17.86 Landscaping, Lighting, Walls, and Fences ...................................................................................... 8-21
17.86.010 Landscaping Requirements .................................................................................................. 8-21
17.86.020 Reserved ............................................................................................................................... 8-26
17.86.030 Outdoor Lighting .................................................................................................................. 8-26
17.86.040 Walls And Fences .................................................................................................................. 8-29
17.87 Off-Street Parking and Loading ..................................................................................................... 8-34
17.87.010 Intent and Purpose ............................................................................................................... 8-34
17.87.020 Applicability .......................................................................................................................... 8-34
17.87.030 General Provisions ................................................................................................................ 8-34 Palmdale Municipal Code Title 17
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17.87.040 Permit Requirements and Exemptions ................................................................................. 8-36
17.87.050 Vehicle Parking Requirements and Calculations .................................................................. 8-36
17.87.060 Required Vehicle Spaces ....................................................................................................... 8-38
17.87.070 Exceptions and Reductions to Required Parking .................................................................. 8-45
17.87.080 Use of Parking Spaces ........................................................................................................... 8-48
17.87.090 Parking Design Standards ..................................................................................................... 8-49
17.87.100 through 17.87.190 Reserved ..................................................................................................... 8-60
17.87.200 Loading Standards ................................................................................................................ 8-60
17.87.210 Bicycle Parking Facilities ....................................................................................................... 8-63
17.87.220 Modification of Parking and Loading Requirements ............................................................ 8-66
17.88 Signs............................................................................................................................................... 8-67
17.88.010 Applicability .......................................................................................................................... 8-67
17.88.020 Intent and Purpose ............................................................................................................... 8-67
17.88.030 Definitions ............................................................................................................................ 8-68
17.88.040 Sign Permit Requirements and Procedures .......................................................................... 8-73
17.88.050 Change of Copy Requirements and Procedures ................................................................... 8-75
17.88.060 Sign Program Requirements and Procedures ....................................................................... 8-76
17.88.070 Exemptions to Sign Permit Requirements ............................................................................ 8-76
17.88.080 Prohibited Signs .................................................................................................................... 8-82
17.88.090 General Development Standards ......................................................................................... 8-83
17.88.100 Temporary Banner Permit for Commercial and Industrial Properties ................................. 8-88
17.88.110 Signs in Residential Zones .................................................................................................... 8-89
17.88.120 Signs in Non-Residential and Mixed-Use Zones. .................................................................. 8-90
17.88.130 Government Signs ................................................................................................................ 8-92
17.88.140 Skyline Signs ......................................................................................................................... 8-94
17.88.150 Outdoor Advertising Sign Structures (Billboards) ................................................................. 8-95
17.88.160 Amortization and Abatement of On and Off-Premise Signs, Sign Programs, and Outdoor Advertising Sign Structures ......................................................................................................................... 8-99
17.88.170 Variance and Minor Exceptions .......................................................................................... 8-101
17.88.180 Administration .................................................................................................................... 8-101
17.89 Animal Keeping ............................................................................................................................ 8-104
17.89.010 Purpose ............................................................................................................................... 8-104
17.89.020 Applicability ........................................................................................................................ 8-104
17.89.030 General Provisions .............................................................................................................. 8-104
Division 9. SPECIAL REGULATIONS ........................................................................................................... 9-3 Palmdale Municipal Code Title 17
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17.90 General Provisions ........................................................................................................................... 9-3
17.90.010 Purpose ................................................................................................................................... 9-3
17.90.020 Applicability ............................................................................................................................ 9-3
17.91 Residential Uses .............................................................................................................................. 9-4
17.91.010 Accessory Dwelling Unit and Junior Accessory Dwelling Unit Standards ............................... 9-4
17.91.020 Alcohol and Drug Treatment Facility ...................................................................................... 9-9
17.91.030 Caretaker’s Units (Accessory) ............................................................................................... 9-10
17.91.040 Cottage Food Operation ....................................................................................................... 9-11
17.91.050 Manufactured/Mobile Home Parks ...................................................................................... 9-13
17.91.060 Manufactured/Mobile Home Park Closures ......................................................................... 9-16
17.91.070 Residential Care Facilities, Large .......................................................................................... 9-23
17.91.080 Sober Living Home ................................................................................................................ 9-25
17.92 Commercial Uses ........................................................................................................................... 9-27
17.92.010 Adult-Oriented Businesses ................................................................................................... 9-27
17.92.020 Alcoholic Beverage Establishments ...................................................................................... 9-31
17.92.030 Convenience Markets ........................................................................................................... 9-39
17.92.040 Conversion of Residential Structures to Non-residential Uses ............................................. 9-40
17.92.050 Drive-Through Restaurants and Drive-Through Services ..................................................... 9-41
17.92.060 Family Day Care Center ........................................................................................................ 9-42
17.92.070 Fueling Station/Vehicle and Equipment Services and Repair ............................................... 9-43
17.92.080 Kennels/Boarding, Commercial ............................................................................................ 9-45
17.92.090 Massage Establishment (Accessory) ..................................................................................... 9-46
17.92.100 Outdoor Dining (Accessory) .................................................................................................. 9-46
17.92.110 Outdoor Display .................................................................................................................... 9-48
17.92.120 Outdoor Storage (Primary and Accessory) ........................................................................... 9-49
17.92.130 Pawnshops ............................................................................................................................ 9-50
17.92.140 Pet Daycare .......................................................................................................................... 9-51
17.92.150 Smoke Shop .......................................................................................................................... 9-52
17.92.160 Swap Meet, Outdoor ............................................................................................................ 9-54
17.92.170 Tattoo/Body Art/Piercing Establishments ............................................................................ 9-55
17.92.180 Vehicle Washing and Detailing ............................................................................................. 9-56
17.92.190 Veterinary Hospitals ............................................................................................................. 9-57
17.93 Industrial Uses ............................................................................................................................... 9-59
17.93.010 Commercial Vehicle Parking as a Primary Use ..................................................................... 9-59
17.93.020 Mini-Storage Warehousing or Facility .................................................................................. 9-59 Palmdale Municipal Code Title 17
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17.93.030 Salvage Yards ........................................................................................................................ 9-61
17.93.040 Vehicle Towing/Impounding ................................................................................................ 9-61
17.94 Public and Civic Facilities ............................................................................................................... 9-62
17.94.010 Community Assembly Uses .................................................................................................. 9-62
17.94.020 Emergency Shelters .............................................................................................................. 9-62
17.94.030 Golf Courses ......................................................................................................................... 9-63
17.94.040 Social Service Facilities with Congregate Meal Facilities ...................................................... 9-63
17.95 Communications and Utilities ....................................................................................................... 9-65
17.95.010 Communication/Wireless Telecommunications Facilities .................................................... 9-65
17.95.020 Permits Required .................................................................................................................. 9-68
17.95.030 Development Standards ....................................................................................................... 9-70
17.95.040 Operational Standards .......................................................................................................... 9-72
17.95.050 Eligible Facilities Requests .................................................................................................... 9-73
17.95.060 Change in Law/Ministerial Permitting .................................................................................. 9-74
17.95.070 Emergency Standby Generators ........................................................................................... 9-74
17.96 Hazardous Materials Facilities ....................................................................................................... 9-76
17.96.010 Intent and Purpose ............................................................................................................... 9-76
17.96.020 Definitions ............................................................................................................................ 9-76
17.96.030 Development and Operational Standards ............................................................................ 9-77
17.96.040 Applications .......................................................................................................................... 9-78
17.96.050 Local Assessment Committee ............................................................................................... 9-78
17.96.060 Contents of Application ........................................................................................................ 9-78
17.96.070 Determination of Completeness and Processing Off-Site and On-Site Hazardous Materials Facility Applications .................................................................................................................................... 9-81
17.96.080 Safety and Security ............................................................................................................... 9-81
17.96.090 Monitoring ............................................................................................................................ 9-81
17.96.100 General Conditions ............................................................................................................... 9-82
17.96.110 Findings ................................................................................................................................ 9-82
17.96.120 Duration of Land Use Decision ............................................................................................. 9-83
17.97 Recycling Facilities ......................................................................................................................... 9-85
17.97.010 Purpose ................................................................................................................................. 9-85
17.97.020 Development Standards ....................................................................................................... 9-85
17.97.030 Recycling Collection Facility, Large ....................................................................................... 9-86
17.97.040 Recycling Collection Facility, Small ....................................................................................... 9-86
17.97.050 Recycling Processing Facility, Heavy ..................................................................................... 9-87
17.97.060 Recycling Processing Facility, Light ....................................................................................... 9-87 Palmdale Municipal Code Title 17
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17.97.070 Reverse Vending Machines .................................................................................................. 9-88
17.98 Other Uses ..................................................................................................................................... 9-89
17.98.010 Sanitary Landfills................................................................................................................... 9-89
17.98.020 Temporary Uses ......................................................................................................................... 9-89
17.99 Renewable Energy ....................................................................................................................... 9-102
17.99.010 Co-located Small Wind Energy Systems ............................................................................. 9-102
17.99.020 Small Residential Wind Generator Systems ....................................................................... 9-104
17.99.030 Solar Energy System (Primary) ........................................................................................... 9-106
Division 10. ENVIRONMENTAL MANAGEMENT ......................................................................................... 10-2
17.100 Hillside Management .................................................................................................................... 10-2
17.100.010 Intent and Purpose ............................................................................................................... 10-2
17.100.020 Applicability .......................................................................................................................... 10-3
17.100.030 Definition of Hillside Area and Slope Steepness ................................................................... 10-3
17.100.040 Exemptions From Hillside Area Definition ............................................................................ 10-3
17.100.050 Definitions ............................................................................................................................ 10-4
17.100.060 Exclusions ............................................................................................................................. 10-4
17.100.070 Required Approval for Projects in Hillside Areas .................................................................. 10-4
17.100.080 Processing Procedures and Submittal Requirements for Projects in Hillside Areas ............ 10-5
17.100.090 Development Standards ....................................................................................................... 10-7
17.100.100 Slope Density Standards ....................................................................................................... 10-7
17.100.110 Construction on Slopes Greater than 50 Percent ................................................................. 10-8
17.100.120 Density Transfers .................................................................................................................. 10-9
17.100.130 Development Proposed on Significant Ridgelines and Prominent Landforms Forming the City’s Skyline Backdrop ............................................................................................................................... 10-9
17.100.140 Grading Standards .............................................................................................................. 10-11
17.100.150 Landform Grading ............................................................................................................... 10-12
17.100.160 Hillside Street Standards .................................................................................................... 10-13
17.100.170 Landscape and Erosion Control Standards ......................................................................... 10-13
17.100.180 Slope Maintenance ............................................................................................................. 10-14
17.100.190 Hillside Development Findings ........................................................................................... 10-14
17.100.200 Variances ............................................................................................................................ 10-15
17.101 Transportation Demand Management ........................................................................................ 10-16
17.101.010 Applicability of Requirements ............................................................................................ 10-16
17.101.020 Definitions .......................................................................................................................... 10-16
17.101.030 Development Standards ..................................................................................................... 10-16 Palmdale Municipal Code Title 17
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17.102 Surface Mining and Reclamation ........................................................................................ 10-18
17.102.010 Incorporation of SMARA and State Regulations ................................................................. 10-18
17.102.020 Definitions .......................................................................................................................... 10-18
17.102.030 Applicability of Requirements ............................................................................................ 10-19
17.102.040 Contents of Applications for Conditional Use Permits for Surface Mining Operations and Reclamation Plans .................................................................................................................................... 10-20
17.102.050 Processing ........................................................................................................................... 10-20
17.102.060 Performance Standards for Reclamation Plans .................................................................. 10-21
17.102.070 Phasing of Reclamation ...................................................................................................... 10-22
17.102.080 Findings for Approval ......................................................................................................... 10-22
17.102.090 Financial Assurances for Reclamation Plans ....................................................................... 10-23
17.102.100 Inspections ......................................................................................................................... 10-24
17.102.110 Interim Management Plans ................................................................................................ 10-24
17.102.120 Time Limit for Commencement of a Conditional Use Permit for Surface Mining Operations .. 10-25
17.102.130 Modifications to Reclamation Plans ................................................................................... 10-25
17.102.140 Violations and Penalties ..................................................................................................... 10-25
17.102.150 Fees .................................................................................................................................... 10-26 Palmdale Municipal Code Title 17
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Division 1. INTRODUCTORY PROVISIONS
Division 1. INTRODUCTORY PROVISIONS ................................................................................................ 1-15
17.10 Introductory Provisions .................................................................................................... 1-17
17.10.010 Authority for this Ordinance .................................................................................... 1-17
17.10.020 Short Title ................................................................................................................. 1-17
17.10.030 Replacement of Previous Ordinances ...................................................................... 1-17
17.10.040 Purpose .................................................................................................................... 1-17
17.10.050 Prohibitions .............................................................................................................. 1-18
17.10.060 General Plan Consistency ........................................................................................ 1-19
17.11 Scope ................................................................................................................................ 1-19
17.11.010 Replacement of Other Ordinances .......................................................................... 1-19
17.11.020 Compliance with Other Ordinances and Laws ......................................................... 1-19
17.11.030 Reference to any Portion of this Ordinance ............................................................ 1-19
17.11.040 Severability of any Portion of this Ordinance .......................................................... 1-19
17.11.050 Continuation of Previously Granted Variances ........................................................ 1-19
17.11.060 Continuation of Previously Granted Permits ........................................................... 1-20
17.11.070 Continuation of Previously Adopted Development Agreements ............................ 1-20
17.11.080 Continuation of Existing Nonconforming Uses ........................................................ 1-20
17.11.090 Substandard Lots ..................................................................................................... 1-20
17.11.100 Procedures Regarding Projects in Progress and Pending Proceedings ................... 1-20
17.11.110 Violation of Previous Ordinance .............................................................................. 1-21
17.11.120 Private Agreements ................................................................................................. 1-21
17.12 Interpretations ................................................................................................................. 1-21
17.12.010 Interpretation of Language ...................................................................................... 1-21
17.12.020 Similar Use Determination ....................................................................................... 1-21
17.12.030 Minimum Requirements of this Ordinance ............................................................. 1-21
17.12.040 Conflicting Regulations ............................................................................................ 1-21
17.12.050 Discretion ................................................................................................................. 1-22
17.12.060 Time Limits ............................................................................................................... 1-22
17.12.070 Terminology ............................................................................................................. 1-22
17.12.080 Photo and Figure Disclaimer .................................................................................... 1-22
17.13 Delegation of Authority ................................................................................................... 1-22 Palmdale Municipal Code Title 17
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17.13.010 Responsibility of Administration .............................................................................. 1-22
17.13.020 Assumption of Power or Duty of Public Officer ....................................................... 1-23
17.14 Designation of Zones and Districts................................................................................... 1-23
17.14.010 List of Zones ............................................................................................................. 1-23
17.14.020 Zone Regulations and Use Classifications ................................................................ 1-24
17.14.030 Permissions Tables and Establishment of an Allowed Use ...................................... 1-25
17.14.040 Allowed Uses and Permit Requirements ................................................................. 1-25
17.15 Maps ................................................................................................................................. 1-26
17.15.010 Zoning Maps ............................................................................................................ 1-26
17.15.020 Interpretation of Zone Boundaries .......................................................................... 1-26
17.16 Definitions ........................................................................................................................ 1-27
17.16.010 (A) ............................................................................................................................. 1-27
17.16.020 (B) ............................................................................................................................. 1-32
17.16.030 (C) ............................................................................................................................. 1-34
17.16.040 (D) ............................................................................................................................ 1-39
17.16.050 (E) ............................................................................................................................. 1-41
17.16.060 (F) ............................................................................................................................. 1-42
17.16.070 (G) ............................................................................................................................ 1-44
17.16.080 (H) ............................................................................................................................ 1-45
17.16.090 (I) .............................................................................................................................. 1-46
17.16.100 (J) .............................................................................................................................. 1-47
17.16.110 (K) ............................................................................................................................. 1-48
17.16.120 (L) ............................................................................................................................. 1-48
17.16.130 (M) ........................................................................................................................... 1-52
17.16.140 (N) ............................................................................................................................ 1-56
17.16.150 (O) ............................................................................................................................ 1-57
17.16.160 (P) ............................................................................................................................. 1-58
17.16.170 (Q) ............................................................................................................................ 1-61
17.16.180 (R) ............................................................................................................................. 1-61
17.16.190 (S) ............................................................................................................................. 1-65
17.16.200 (T) ............................................................................................................................. 1-71
17.16.210 (U) ............................................................................................................................ 1-73
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17.16.230 (W) ........................................................................................................................... 1-76
17.16.240 (X) ............................................................................................................................. 1-76
17.16.250 (Y) ............................................................................................................................. 1-76
17.16.260 (Z) ............................................................................................................................. 1-76
17.17 Rules of Measurement ..................................................................................................... 1-77
17.17.010 Fractions .................................................................................................................. 1-77
17.17.020 Measuring Distances ................................................................................................ 1-77
17.17.030 Measuring Heights ................................................................................................... 1-78
17.17.040 Lots and Setbacks ..................................................................................................... 1-80
17.17.050 Floor Area and Lot Coverage ................................................................................... 1-81
17.17.060 Density ..................................................................................................................... 1-83
17.10 Introductory Provisions
17.10.010 Authority for this Ordinance
This Ordinance is adopted under the authority granted to the City of Palmdale by Article 11, Section 7 of the California Constitution and pursuant to the requirements of California Government Code Sections 65800 et. seq. and 66410 et. seq.
17.10.020 Short Title
This Title 17 of the Palmdale Municipal Code shall be known as the “Zoning Ordinance” or “Ordinance” hereafter.
17.10.030 Replacement of Previous Ordinances
The provisions of this Ordinance insofar as they are substantially the same as the provisions of any ordinance or portions of any ordinance repealed by this Ordinance shall be construed as restatements and continuations thereof, and not as new enactments.
17.10.040 Purpose
The purpose of this Ordinance is to promote the public health, safety, and general welfare and to preserve and enhance the quality of life within the City by establishing standards to ensure that an appropriate mix of land uses is developed in an orderly manner. To achieve this purpose, the City desires to achieve a pattern and distribution of land uses which generally meets the following objectives:
A. To implement the goals, objectives, and policies of the City of Palmdale General Plan; B. To retain and enhance established residential neighborhoods, commercial and industrial districts, public facilities, recreation, open space and other amenities; C. To allow for the infill and redevelopment of areas at similar scale and character; D. To accommodate expansion of development into vacant and underutilized lands, while considering environmental and infrastructural constraints; Palmdale Municipal Code Title 17
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E. To provide a diversity of areas throughout the community characterized by differing land use activity, scale, and intensity;
F. To maintain and enhance significant environmental and visual resources; G. To provide opportunities for economic development, including business creation and expansion in a variety of manufacturing, service, and marketing industries; and H. To establish Palmdale as a distinctive community with a high quality of life and a visually pleasing, secure environment for the City’s residents and businesses.
17.10.050 Prohibitions
A. General Prohibitions.
1. No structure shall be moved into an area, erected, reconstructed, added to, enlarged, advertised on, or structurally altered or maintained, and no structure or land shall be used for any purpose, except as specifically provided and allowed by this Ordinance and any other applicable codes, ordinances, and resolutions.
2. No person shall use or permit to be used any structure or land, nor shall any person erect, structurally alter or enlarge any structure or advertise on any structure except in accordance with the provisions of this Ordinance and any other applicable codes, ordinances, and resolutions.
3. No permit, entitlement, or other approval under this Zoning Ordinance may be issued or renewed for any use, construction, improvement or other purpose unless specifically provided for, or permitted by, this Zoning Ordinance, and any other applicable codes, ordinances and resolutions. In all cases, no permit, entitlement, or other approval may be issued or renewed where the property, including all structures and land, fails to comply with all applicable health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City or where there are fees, fines, or other penalties owing the City in connection with the property; provided, however, that this Section shall not be construed to require that the applicant actually be in compliance with such laws or have paid such penalties at the time set for review and approval or to prohibit legal non-conforming land uses that otherwise comply with applicable laws and have no penalties owing in connection with the property. The reviewing authority of the City, as applicable, may approve a permit, entitlement, or other approval and condition its operative date upon the later submission by the applicant a certificate of occupancy issued by the Division of Building and Safety or other satisfactory evidence that the property is then in compliance with all such applicable laws or proof of payment of such penalties.
B. Violations. Any person violating any provision of this Ordinance, or any amendment thereto, is guilty of a misdemeanor. Each violation is a separate offense for each and every day during any portion of time during which the violation is committed and is subject to the penalties specified in PMC Chapter 1.12 (Penalty Provisions).
C. Public Nuisance. Any use of property contrary to the provisions of this Ordinance is illegal and is deemed to be a public nuisance. The authorized legal representative of the City may commence actions and proceedings for the abatement thereof, in the manner provided by law, and may take such other steps and may apply to any court having jurisdiction to grant such relief as will abate or remove such use and restrain and enjoin any person from using any property contrary to the provisions of this Ordinance.
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D. Injunctions. The provisions of this Section may also be enforced by injunction issued by any court having jurisdiction over the owner or occupant of any real property affected by such violation or prospective violation.
E. Enforcement. The Director of Economic & Community Development, Code Enforcement Officer, or any representative they may designate, is hereby authorized to notify, cite, and take legal action against any person who is in violation of the provisions of this Ordinance.
17.10.060 General Plan Consistency
The Zoning Ordinance is the primary tool for implementing the goals, objectives, and policies of the Palmdale General Plan pursuant to the mandates of State law. All project proposals within the incorporated area of the City shall be consistent with the General Plan prior to approval.
No land shall be developed, nor shall any use be initiated which is not found to be in conformance with the General Plan, applicable Specific Plan, Zoning Ordinance or other applicable provisions of the PMC.
17.11 Scope
17.11.010 Replacement of Other Ordinances
The provisions of this Ordinance shall not be deemed or construed to repeal, amend, modify, alter, or change any other ordinance or any part thereof not specifically repealed, amended, modified, altered or changed herein, except in such particulars or matters as this Ordinance is more restrictive than such other ordinance, or part thereof.
17.11.020 Compliance with Other Ordinances and Laws
Nothing in this Ordinance shall be construed to authorize the use of any lot or parcel of land in violation of this Ordinance or any other applicable statute, ordinance, or regulation. Nothing in this Ordinance eliminates the need for obtaining any other permits required by the City, or any permit, approval, or entitlement required by any other applicable special district or agency, and/or the regulations of any County, State, or Federal agency. No use that is illegal under local or State law shall be allowed in any zone within the city.
17.11.030 Reference to any Portion of this Ordinance
Whenever reference is made to any portion of this Ordinance, or of any other law or ordinance, the reference applies to all amendments and additions now or hereafter made.
17.11.040 Severability of any Portion of this Ordinance Provisions of this Ordinance are declared to be severable. If any provision, clause, sentence, section, or any part thereof is held to be unconstitutional, invalid, or inapplicable to any person or circumstance by a court of competent jurisdiction, such unconstitutionality, invalidity, or inapplicability shall not affect or impair any of the remaining provisions, sentences, sections, or parts of this Ordinance or their applicability to other persons or circumstances.
17.11.050 Continuation of Previously Granted Variances
All exceptions and variances heretofore granted pursuant to the provisions of Ordinance No. 140 shall be deemed to exist hereafter as variances pursuant to Chapter 17.23 PMC (Variances), and shall be subject to all the conditions and provisions governing such variances upon the effective date of this Ordinance.
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17.11.060 Continuation of Previously Granted Permits
All permitted uses heretofore lawfully existing under Ordinance No. 140 shall continue in effect until revoked or terminated and shall be continued under this Ordinance and shall be subject to all conditions governing such permit.
17.11.070 Continuation of Previously Adopted Development Agreements Nothing in this Ordinance shall be interpreted to supersede the provisions of a development agreement which was adopted prior to the effective date of this Ordinance and which is still in effect. However, in any instance where a development agreement is silent on standards, requirements or other provisions as contained in this Ordinance, and such provisions are not in conflict with that development agreement, the Zoning Ordinance shall apply.
17.11.080 Continuation of Existing Nonconforming Uses
Existing legal nonconforming uses and structures may continue, pursuant to the provisions of PMC Chapter 17.29 (Nonconforming Uses and Structures).
17.11.090 Substandard Lots
Legally created substandard lots on record prior to the adoption of this Code shall be deemed in compliance with the minimum lot area requirements. The lot area per dwelling unit, however, shall remain as specified in the applicable zone. In no instance shall these provisions prevent the erection of a single-family dwelling on any substandard residential lot.
17.11.100 Procedures Regarding Projects in Progress and Pending Proceedings A. Except as otherwise provided in this Section, after the effective date of this Ordinance, any pending application or project which has not been deemed complete shall be subject to the applicable provisions of this Ordinance. Any pending application for a project or proceeding which has been deemed complete shall be subject to the requirements in effect on the date such application was deemed complete.
B. The Director may determine that the approval of a Subdivision Development Plan (SDP) pursuant to PMC Section 17.26.020 (Subdivision Development Plan Review) is subject to the side setback provisions in effect as of the effective date of the tentative tract map approval in which the lot is located, provided that evidence submitted by the developer substantiates that the project met any one of the following criteria on the effective date of this Ordinance, and that said criterion is still met on the date of SDP submittal for each lot on which the exemption is sought.
1. The lot is in a recorded tract in which the shape or dimension of the lot, or infrastructure or improvements have been constructed which would preclude adherence to the residential setback standards in Division 3 (Residential Zones) of this Ordinance without substantial expense on the part of the builder or developer. Such improvements could include, but are not limited to, utility stub-outs, individual lot grading, curb cuts or driveways.
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2. The lot is part of an approved tentative tract map within which at least one phase has been recorded and in which construction is underway, based on structural plans or model homes with five-foot setbacks on each side; provided, however, that if the lot is in a phase of said map which is proposed for development with a different product type than those depicted in the originally approved building plans or model homes, then the lot shall adhere to all applicable provisions of this Ordinance.
17.11.110 Violation of Previous Ordinance
Any use established or conducted, or any building or improvement existing in violation of the Zoning Ordinance upon the effective date of this Ordinance, shall not be deemed to have acquired the status of a nonconforming use by reason of the adoption of this Ordinance, or any provision thereof. To the extent that such use, building, or improvement was a violation of any ordinance, statute or law, or is a violation of this Ordinance, it shall be deemed a continuing violation.
17.11.120 Private Agreements
The provisions of this Ordinance are not intended to repeal, rescind, or revoke any easements, covenants, conditions, approvals, restrictions, or agreements which are more restrictive than the provisions of this Ordinance.
17.12 Interpretations
17.12.010 Interpretation of Language
The Director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Ordinance. Whenever the Director determines that the meaning or applicability of any of the requirements of this Ordinance are subject to interpretation generally, or as applied to a specific case, the Director may issue an official interpretation or refer the question to the Planning Commission (hereafter referred to as “Commission”) for determination. The Planning Commission shall be the final authority unless the matter is appealed to the City Council, pursuant to PMC Section 17.20.100 (Appeal Procedures).
17.12.020 Similar Use Determination
The Director may authorize a use not listed within a zoning district if the Director makes a determination that the use is similar to, and no more objectionable than other uses permitted or conditionally permitted in the zoning district, pursuant to PMC 17.24.040 (Determination on Unlisted Uses).
17.12.030 Minimum Requirements of this Ordinance
When the provisions of this Ordinance provide for more discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements than set forth in this Ordinance, as may be determined by the applicable Review Authority, if it is deemed necessary to promote health and safety, orderly land use development, and the other purposes of this Ordinance.
17.12.040 Conflicting Regulations
Where conflict occurs between the provisions of this Ordinance and any other City ordinance, Specific Plan, or General Plan, the Director shall determine which document prevails.
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17.12.050 Discretion
When this Ordinance provides for discretion on the part of a City official or body, that discretion may be exercised to impose conditions on the issuance of any City approvals, consistent with PMC Division 2 (Review Procedures).
17.12.060 Time Limits
Whenever a number of days is specified in this Ordinance, or in any permit, Condition of Approval, or notice provided pursuant to the Ordinance, the number of days shall be consecutive calendar days. A time limit shall extend to 5:00 p.m. on the following working day where the last of the specified number of days falls on a weekend or holiday.
17.12.070 Terminology
A. Gender. When consistent with the context, words in the masculine gender include the feminine and neutral genders.
B. Plural. When consistent with the context, words in plural include the singular.
C. Singular. When consistent with the context, words in the singular shall include the plural.
D. Tenses. When consistent with the context, words used in the present tense include the past and future tenses; and words in the future tense include the present tense.
E. Mandatory Language. The words “shall,” “will,” “is to,” “must,” and “are to” are always mandatory and not discretionary.
F. Encouraged Language. “Should” indicates that the standard is not mandatory but is strongly recommended. “May” is permissive and does not represent a regulatory requirement.
G. Indicative Language. The words “include,” “includes,” and “including” mean “including, but not limited to.” The word “and” means that all connected words or provisions apply; the word “or” means that the connected words or provisions shall apply singly or in any combination. The words “either … or” indicate that the connected words or provisions shall apply singly, but not in combination.
17.12.080 Photo and Figure Disclaimer
Images, photos, and diagrams in this Ordinance are not intended to be interpreted literally; they are provided to illustrate regulations and assist in understanding the desired character or proposed implementation of a standard (e.g., measurement/calculation, range of scale, intensity, site organization, streetscape, building design). In case of conflict between the text and a figure, illustration, heading, caption, diagram, or graphic, the text prevails.
17.13 Delegation of Authority
17.13.010 Responsibility of Administration
This Ordinance shall be administered by the City Council, the Planning Commission, the City Manager, the Director or designee, the Economic and Community Development Department, the Building Official or staff person designated by the Director to perform such actions, and any other departments, groups, personnel, or individuals as identified in a specific Chapter of this Code, in compliance with Division 2 (Review Procedures).
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17.13.020 Assumption of Power or Duty of Public Officer Whenever a power is granted to, or a duty imposed upon a public officer by this Ordinance, the power may be exercised, or the duty may be performed by a deputy of the public officer, or a person authorized, pursuant to law or ordinance, by said officer, unless this Ordinance expressly provides otherwise.
17.14 Designation of Zones and Districts
17.14.010 List of Zones
The following zones are established in order to carry out the purpose of this Ordinance.
Table 17.14.010-1. List of Zones
Zone
Symbol Name of Zone Division Reference
General Plan Land Use
Designation Implemented by
Zone
Residential Zones
ER Equestrian Residential Division 3 (Residential Zones) Equestrian Residential LDR Low Density Residential Division 3 (Residential Zones) Low Density Residential SFR1 Single Family Residential 1 Division 3 (Residential Zones) Single Family Residential 1 SFR2 Single Family Residential 2 Division 3 (Residential Zones) Single Family Residential 2 SFR3 Single Family Residential 3 Division 3 (Residential Zones) Single Family Residential 3 RN1 Residential Neighborhood 1 Division 3 (Residential Zones) Residential Neighborhood 1 RN2 Residential Neighborhood 2 Division 3 (Residential Zones) Residential Neighborhood 2 RN3 Residential Neighborhood 3 Division 3 (Residential Zones) Residential Neighborhood 3 RN4 Residential Neighborhood 4 Division 3 (Residential Zones) Residential Neighborhood 4 Mixed-Use Zones
MU1 Mixed-Use 1 Division 5 (Mixed-Use Zones) Mixed-Use 1 MU2 Mixed-Use 2 Division 5 (Mixed-Use Zones) Mixed-Use 2 (MU2) MU3 Mixed-Use 3 Division 5 (Mixed-Use Zones) Mixed-Use 3 (MU3) Commercial/Office Zones
NC Neighborhood Commercial Division 4 (Commercial/Office Zones) Neighborhood Commercial RC Regional Commercial Division 4 (Commercial/Office Zones) Regional Commercial VC Visitor Commercial Division 4 (Commercial/Office Zones) Visitor Commercial MEDFX Medical Flex Division 4 (Commercial/Office Zones) Health & Wellness EDFX Educational Flex Division 4 (Commercial/Office Zones) Educational Flex OFX Office Flex Division 4 (Commercial/Office Zones) Industrial & Employment Flex Industrial Zones
LI Light Industrial Division 6 (Industrial Zones) Industrial & Employment Flex HI Heavy Industrial Division 6 (Industrial Zones) Industrial AI Aerospace Industrial Division 6 (Industrial Zones) Aerospace Industrial MRE Mineral Resource Extraction Division 6 (Industrial Zones) Mineral Resource Extraction Special Purpose Zones
SP Specific Plan Division 7 (Special Purpose Zones) Specific Plan PF-C Public Facilities - Civic Division 7 (Special Purpose Zones) Public Facilities – Civic PF-S Public Facilities - School Division 7 (Special Purpose Zones) Public Facilities – School PF-P Public Facilities - Park Division 7 (Special Purpose Zones) Public Facilities – Park OS Open Space Division 7 (Special Purpose Zones) Open Space U-ROW Utilities & ROW Division 7 (Special Purpose Zones) Utilities Palmdale Municipal Code Title 17
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17.14.020 Zone Regulations and Use Classifications
Divisions 3 through 7 of this Ordinance establish allowed land uses and corresponding requirements for permits and entitlements for each of the City’s base zones. Uses allowed are consistent with and implement the corresponding land use designations in the General Plan.
All land uses shall conform to the purpose and intent of the applicable zone, and shall comply with the following:
A. Special Use Regulations. Additional use regulations for special land uses are listed in Division 9 (Special Regulations) of this Ordinance.
B. Special Planning Areas. Special Planning Areas include areas of the City with adopted planning documents for development within each respective project area (e.g., specific plans, planned developments, master plans). These Special Planning Area documents establish land use and/or development regulations that are unique to the particular project area. When a property is located within a Special Planning Area, the allowed use provisions of that Special Planning Area document shall govern. If a planning document refers to, utilizes, or defers to one or more of the City’s base zones, the allowed use provisions in those base zones shall apply. If there are any conflicts between a base zone and a Special Planning Area document, the Special Planning Area document shall control.
C. Overlay Zones. When a property is located within an overlay zone, the allowed use provisions of that overlay zone shall control. When an overlay zone is silent on allowed use provisions, it defers to the allowed use provisions of the base zone. Only where there is a conflict between two standards will the overlay zone provisions control.
D. Unlisted or Similar Compatible Uses. If a use is not specifically listed, or if the use is not substantially similar to a use classification provided in this Ordinance, the use shall not be allowed. When a use is not specifically listed in this Ordinance, the use may be allowed if the Director determines that the use is substantially similar to other uses pursuant to PMC Section
17.24.040 (Determination on Unlisted Uses).
E. Unlisted Standards and Regulatory Requirements. When the Director determines that an unlisted use is substantially similar to a use classification provided in this Ordinance, the proposed use will be treated in the same regulatory manner as the zone listed use for which the unlisted use is substantially similar for allowable location(s), permits required, and all other applicable standards and requirements of this Ordinance.
F. Illegal Uses. No use that is illegal under local, State, or Federal law shall be allowed in any zone within the City.
G. Prohibited Uses. No operations conducted on any property shall create objectionable and/or obnoxious dust, light, matter, mud, noise, odor, refuse, smoke, steam, vibration, maintenance needs of grounds or structures, or other nuisance(s) as defined in PMC Chapter 8.10 (Public Nuisance and Abatement Procedures). No land use shall be detrimental to the health and welfare of the Palmdale community.
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17.14.030 Permissions Tables and Establishment of an Allowed Use The land use permissions, as established in Divisions 3 through 7 of this Ordinance, shall be applicable to all new uses, structures, and activities within the identified zone.
A. Prior to the establishment of any land use identified in the land use permissions tables, the applicant shall obtain all necessary approvals and permits pursuant to all applicable requirements of this Ordinance. Division 2 (Review Procedures) of this Ordinance identifies the requirements of project proposals, and procedures and processing requirements for administrative and discretionary permit applications.
B. Land uses listed in the land use permissions tables and throughout this Ordinance have been grouped into general categories based on common function, product, or compatibility characteristics. These use categories are called use classifications. The classifications are listed in alphabetical order in the use tables. Use classifications describe one or more uses having similar characteristics but do not list every use or activity that may be appropriate within the classification. For that reason, the City has established a similar use determination process as described in PMC Section 17.24.040 (Determination on Unlisted Uses). Each land use is described in PMC Chapter 17.16 (Definitions). For example, personal service use includes a wide range of individual personal service uses (e.g., beauty parlor, dry cleaning, tanning salons, and tailors).
C. Any one or more land uses allowed pursuant to the land use permissions tables in this Ordinance may be established on any lot within the zone, subject to the planning permit requirement listed in the tables, and pursuant to all applicable requirements of this Ordinance.
Accessory uses are allowed only in conjunction with a primary use to which the accessory use relates, or as specified in the tables.
D. Where a single parcel is proposed for development with two or more of the land uses listed in the table at the same time, the overall project will be subject to the highest level of review required by the table for any individual use and all applicable fees shall be paid.
17.14.040 Allowed Uses and Permit Requirements
Allowed uses by zone and corresponding requirements for entitlements are provided in Divisions 3 through 7 of this Ordinance for all of the City’s base zones. Generally, a use is either allowed by right, allowed through an approval process, or not allowed. In addition to the requirements for planning entitlements of this Ordinance, other permits may be required prior to establishment of the use (e.g., building permit, engineering permit, or permits required by other agencies). The requirements for planning entitlements include:
A. Permitted (P). A land use shown with a “P” indicates that the land use is allowed by right in the designated zone, subject to compliance with all applicable provisions of this Ordinance (e.g., development standards) as well as County, State, and Federal law.
B. Accessory Use (A). A land use shown with an “A” indicates that the land use is allowed only as a secondary use in conjunction with a primary use, subject to compliance with all applicable provisions of this Ordinance (e.g., development standards) as well as County, State, and Federal law.
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C. Minor Use Permit (MUP) Required. A land use shown with “MUP” indicates that the land use is allowed in the designated zone upon issuance of a Minor Use Permit from the designated Review Authority, subject to compliance with all applicable provisions of this Ordinance (e.g., development standards), as well as County, State, and Federal law.
D. Conditional Use Permit (CUP) Required. A land use shown with “CUP” indicates that the land use is allowed in the designated zone upon issuance of a Conditional Use Permit from the designated Review Authority, subject to compliance with all applicable provisions of this Ordinance (e.g., development standards) as well as County, State, and Federal law.
E. Not Permitted (-). A land use shown with a “-” is not allowed in the applicable zone.
F. Temporary Use (T). On occasion, property will be used for an event, activity, or use on a short- term basis. Such use is considered a temporary use. A land use shown with “T” indicates that the land use is allowed by right as a temporary use, subject to compliance with all applicable provisions of this Ordinance (e.g., development standards) as well as County, State, and Federal law.
G. Temporary Use Permit Required (TUP). On occasion, property will be used for an event, activity, or use on a short-term basis. Such use is considered a temporary use. A land use shown with “TUP” indicates that the land use is allowed as a temporary use in conjunction with the issuance of a Temporary Use Permit pursuant to PMC Chapter 17.26.100 (Temporary Use and Special Event Permits). PMC Section 17.98.020 (Temporary Uses) provides the regulations for these uses, including development standards and time limits.
17.15 Maps
17.15.010 Zoning Maps
The “Official Zoning Map of the City of Palmdale” has been adopted by the City Council and is on file with the Planning Division. All property within the City is hereby placed in such zones as indicated on said map, and no property shall be used except pursuant to the zoning designations on said map and the provisions of this Ordinance. Said map shall be maintained on file with the Planning Division. All amendments to the Official Zoning Map shall be noted thereon with the date of the amendment and references to the amending ordinance. Said Official Zoning Map is hereby made a part of this Ordinance and may be amended by reference thereto and to this Section.
17.15.020 Interpretation of Zone Boundaries
When uncertainty exists about the location of any zone boundary or section shown on the Official Zoning Map, the precise location of the boundary shall be determined by the Director. Generally, the following boundary guidelines shall be used for reading the Zoning Map and for interpretation, unless otherwise determined by the Director.
A. General Boundaries. Zone boundaries approximately following the right-of-way shall be construed to follow the proximate property line or right-of-way line.
B. Centerline Boundaries. Zone boundaries shown within a right-of-way that do not follow the outside right-of-way line(s) shall be construed to follow the centerline of such rights-of-way.
C. Scale. If a zone boundary does not follow a property line, or where a zone boundary divides a property, the location scale on the Official Zoning Map shall be used to determine the location of the boundaries, unless the boundaries are indicated by dimensions.
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D. Split-Zone Properties. If a zone boundary does not follow a property line, or where a zone boundary divides a property, the location scale on the Official Zoning Map shall be used to determine the location of the boundaries, unless the boundaries are indicated by dimensions.
E. Vacated Areas. The zone for the vacated or abandoned uses shall be determined in one of the following ways, through a Zoning Clearance:
1. Revert to the identified or existing zone.
2. Where no zone is identified by the Official Zoning Map, the vacated right-of-way or non- occupancy use shall acquire the zone classification of the adjacent property to which it reverts.
3. The Director shall determine the applicable zone.
F. Unclassified Areas. Areas in dedicated highways, streets or alleys, aqueducts, or flood control channels, or in railroad rights-of-way, that are unclassified (i.e., not designated in the zoning map as falling within one of the zones) shall be deemed to be in the Utilities and ROW zone, and in the case of highways, streets or alleys allowed to be used only for purposes lawfully allowed, and in the case of railroad rights-of-way be allowed to be used solely for the purpose of accommodating tracks, signals, other operative devices and the movement of rolling stock.
17.16 Definitions
For the purpose of carrying out the intent of this Ordinance, the words, phrases and terms included herein shall be deemed to have the meaning ascribed to them in this Chapter.
17.16.010 (A)
A. Abandon shall mean to cease or suspend from developing, maintaining, or operating a structure or use for a stated period of time. A structure or use is deemed abandoned upon an absence of any reported sales or activity for within a continuous period of 180 days unless otherwise specified in this Ordinance (exceptions include temporary closures for repairs, alterations, or other similar situations).
B. ABC License shall mean a license issued by the California Department of Alcoholic Beverage Control.
C. Abut or Abutting shall mean the same as Adjacent.
D. Access shall mean the place or way by which pedestrians and/or vehicles shall have safe, adequate, and usable ingress and egress to a property or use as required by this Ordinance.
E. Accessory Dwelling Unit (ADU) shall mean an additional detached or attached residential dwelling unit which provides complete independent living facilities for one or more persons. The unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family unit is located. An ADU also includes an "Efficiency Unit" as defined in Health and Safety Code Section 17958.1 and a "Manufactured Home" as defined in Health and Safety Code Section 18007. Accessory structures are not considered accessory dwelling units.
F. Accessory Equipment shall mean any equipment including but not limited to cabling, generators, fans, air conditioning units, electrical panels, equipment shelters, equipment cabinets, equipment structures, pedestals, meters, vaults, splice boxes, and surface location markers.
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G. Accessory Structure shall mean a structure customarily incidental and subordinate to a principal, structure or use on the same lot. If a structure is attached to the principal structure by a common wall, or by a continuation of the roof of the main structure (and not simply by a breezeway or porch), such accessory structure shall be considered a part of the main structure.
H. Accessory Use shall mean a use customarily incidental or secondary to the primary use on the same lot.
I. Action shall mean a decision made by the Review Authority on a land use approval, by a process as specified in this Ordinance.
J. Addition shall mean any construction which increases the size of a structure, dwelling, or facility in terms of site coverage, height, length, width, or gross floor area, occurring after completion of the original structure or facility.
K. Adjacent shall mean two or more lots or parcels of land separated only by an alley, street, highway or recorded easement, or sharing a common boundary of at least one point.
L. Adult-Oriented Business. See PMC Section 17.92.010 (Adult-Oriented Businesses).
M. Aerospace Manufacturing shall mean establishments engaged in the assembly, fabrication, or manufacturing of aerospace products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. Includes manufacturing, testing, modification, repair, overhaul, and storage of aircraft and component parts, communications equipment, aircraft instruments and equipment, missiles, space vehicle propulsion units, and freight and distribution services ancillary to aircraft operations. Toxic, hazardous, or explosive materials may be produced or used in large quantities as part of the manufacturing or testing process. This classification also includes the accessory storage of manufacturing or processing equipment and supplies in addition to any necessary administrative offices.
N. Aerospace Services shall mean facilities providing administrative functions, services, laboratories, and research and development for the aerospace and aircraft-related industries.
These activities produce limited impacts on nearby properties and/or residents, include including, but not limited to noise, gas, odor, or vibration. This classification also includes the accessory indoor storage of equipment and supplies in addition to any necessary administrative offices.
O. Agent shall mean any person showing written verification that he/she/they is acting for, and with the knowledge and consent of, a property owner.
P. Agricultural Support, Sales, Service, and Storage shall mean the use of a site for supporting agricultural purposes including, but not limited to on-site sale of feed, grain, fertilizers, pesticides, and similar goods; storage of materials, equipment, and products used in the operation of an agricultural industry or business; and the provision of agricultural services with incidental storage of goods off-site; and hay, feed, and grain stores.
Q. Agricultural Worker Housing shall mean agricultural workers’ living quarters for persons employed and deriving the major portion of their income from employment on the premises.
R. Agriculture shall mean the cultivation of row, field or tree crops, floricultural specialties, or the raising of animals, on a large-scale basis, for commercial purposes.
S. Aircraft shall mean any device used, or designed for flight in the air, and capable of conveying persons or goods.
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T. Airports and Heliports shall mean facilities for the takeoff and landing of airplanes and helicopters, including runways, helipads, aircraft storage buildings, public terminal buildings and parking, air freight terminal, baggage handling facility, aircraft hangar and public transportation and related facilities, including bus operations, servicing, and storage. Also includes support activities including, but not limited to fueling and maintenance, storage, airport operations and air traffic control, incidental retail sales, coffee shops and snack shops and airport administrative facilities, including airport offices, terminals, operations buildings, communications equipment, buildings and structures, control towers, lights, and other equipment and structures required by the United States Government and/or the State for the safety of aircraft operations.
U. Alcohol Beverage Establishment. See definitions in PMC Section 17.92.020 (Alcoholic Beverage Establishments).
V. Alcohol & Drug Free Residential Recovery Home Non-Licensed. See Sober Living Home.
W. Alcohol & Drug Treatment Facility, Large means any premises, place or building that provides 24-hour residential non-medical services (as defined in the California Community Care Facilities Act) to seven or more persons, unrelated by blood, marriage, or legal adoption, in exchange for monetary or non-monetary consideration, who are recovering from problems related to alcohol or drug misuse or abuse, and who need drug or alcohol recovery treatment or detoxification services. A license from the State of California is required and the facility shall comply with the provisions of PMC 17.91.020 (Alcohol & Drug Treatment Facility).
X. Alcohol & Drug Treatment Facility, Small means any premises, place, or building that provides 24-hour residential non-medical services to six or fewer adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services and is licensed by the state to provide such treatment or services. These facilities are treated as small residential care facilities and are not subject to the provisions of PMC Section 17.91.020 (Alcohol & Drug Treatment Facility).
Y. Alcohol Sales, Off-Sale shall mean an establishment that sells, serves, or gives away alcoholic beverages for consumption off the premises (e.g., liquor store). See PMC Section 17.92.020 (Alcoholic Beverage Establishments).
Z. Alley shall mean any public thoroughfare, having a width of not more than 30 feet, which affords only a secondary means of access to abutting property.
AA. Allowed Use shall mean any use allowed in a zone and subject to the restrictions applicable to that zone.
BB. Alteration shall mean any construction or physical change in the internal arrangement of rooms or the supporting members of a building or structure, or change in the appearance of any building or structure.
CC. Alternate Section shall mean a method of delineating the required front setback area on single- family residential lots, which allows the required building setback to be measured from back of sidewalk rather than from the public right-of-way. This method was utilized on certain subdivision maps within the city before 1988, and is no longer in use on projects.
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DD. Alternative Transportation shall mean the use of modes of transportation other than single passenger motor vehicle, including but not limited to carpools, vanpools, buspools, public transit, walking, bicycling, or other modes approved by the Director.
EE. Amendment shall mean a change in the wording, context or substance of this Ordinance, or a change in the zoning maps, which are part of this Ordinance when adopted by ordinance by the City Council in the manner prescribed by law.
FF. Amusement Machine shall mean any device, whether mechanical, electrical or electronic, or similar object, which by payment of a fee, or insertion of a coin, card or token, may be operated for the primary purpose of amusement. For the purposes of this definition, each station of the device that allows an individual to simultaneously operate the device shall be considered an amusement machine. For example, a device that allows four individuals to simultaneously operate the device shall be considered four amusement machines. The term amusement machine does not include any device or object the primary purpose of which is to play music.
GG. Animal Enclosure shall mean any pen, corral or fenced area intended for the confinement of animals.
HH. Animal Husbandry and Production shall mean the raising and breeding of animals for commercial purposes or production of animal products. Typical uses include grazing, ranching, dairy farming, poultry farming, and beekeeping, but exclude slaughterhouses and feedlot operations. This classification includes agricultural structures accessory to such uses.
II. Animal Raising and Keeping shall mean the raising, care, and maintenance of animals on private property for non-commercial purposes. This classification is distinct from Animal Husbandry and Production, Animal Sales and Services, and Stable/Equestrian Facility. Also see Kennels/Boarding, Commercial, which provides for the boarding of animals.
1. Animal Raising and Keeping, Domestic shall mean small animals (no larger than the largest breed of dogs) customarily kept as pets within a dwelling unit. This classification includes dogs, cats, fish, and birds (excluding large tropical birds and poultry).
2. Animal Raising and Keeping, Exotic shall mean wild animals not customarily confined or cultivated by man for domestic or commercial purposes, not considered domesticated within California or requiring a permit from the State of California Department of Fish and Wildlife. This classification includes miniature pigs, snakes, reptiles, and large tropical birds (including peacocks).
3. Animal Raising and Keeping, Horses shall mean horses, ponies, donkeys, and mules.
4. Animal Raising and Keeping, Livestock shall mean domesticated animals that may be kept or raised in pens, barns, houses, and pastures, whether for commercial or private use.
Livestock includes, but is not limited to, cattle, sheep, swine, goats, alpaca, and other similarly sized animals. This classification excludes horses, ponies, donkeys, and mules.
5. Animal Raising and Keeping, Poultry shall mean domesticated birds (fowl) customarily kept for eggs or meat. This classification includes chickens, roosters, ducks, geese, turkeys, guinea fowl, and Cornish game hens.
6. Animal Raising and Keeping, Beekeeping shall mean the keeping, maintaining, or allowing of any hive of any size on any parcel in the City.
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JJ. Animal Sales and Services shall mean retail sales of animals and/or services, including grooming, for animals on a commercial basis. Typical uses include, but are not limited to, domestic animal bathing and clipping salons, pet grooming shops, and pet stores and shops. This classification excludes dog walking and similar pet care services not carried out at a fixed location and pet supply stores that do not sell animals or provide on-site animal services.
KK. Antelope Valley Air Quality Management District (AVAQMD) shall mean the local agency with the primary responsibility for the control of non-vehicular sources of air pollution throughout the Antelope Valley.
LL. Antenna. See definitions in PMC Section 17.95.010 (Communication/Wireless Telecommunications Facilities).
MM. Antique or Collectible Store shall mean a store which sells or consigns to sell items which are by their style, design or use are commonly considered to be of another era or age, a collectible, or of heirloom quality. These items shall be in proper working order or restorable to working condition. Consignment, secondhand or thrift items are not considered antiques. Antique or collectible stores are included under General Retail.
NN. Applicant shall mean 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.
OO. Application shall mean the form and information submitted by an applicant, which is used by the City to determine whether to approve or deny a project or other permit.
PP. Approval shall mean the action taken by the Review Authority pursuant to this Ordinance to approve or conditionally approve an application for a land use approval and/or related permits.
QQ. Aquaculture shall mean the large-scale cultivation of marine or freshwater fish, shellfish, or plants under controlled conditions. Aquaculture includes aquaponics which integrates aquaculture with hydroponics by recycling the waste products from fish to fertilize hydroponically growing plants.
RR. Area shall mean the extent or measurement of a surface or piece of land.
SS. Artisan Manufacturing/Makers Space shall mean any establishment primarily engaged in on- site production or fabrication of goods by hand manufacturing or artistic endeavor, which involves only the use of hand tools or small mechanical equipment, and which may include incidental instruction or direct sale to consumers. This classification includes, but is not limited to, ceramic studios, fabric and needleworking, leather working, metalworking, glass working, candle-making shops, woodworking, and custom jewelry manufacturers.
TT. Assessor shall mean the Assessor of the County of Los Angeles.
UU. Athletic Fields, Lighted shall mean lighted athletic fields including baseball and football fields with all necessary grandstands and stadiums.
VV. Athletic Fields, Unlighted shall mean unlighted athletic fields including baseball and football fields with all necessary grandstands and stadiums.
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WW. ATM (Accessory Use) shall mean a pedestrian-oriented machine used by bank and financial service patrons for conducting transactions, including deposits, fund transfers, and withdrawals, without contact with financial institution personnel. ATMs may be located as a freestanding machine or a machine installed in an exterior wall that functions as an ATM as an accessory use to the primary building use(s), or as a space located inside a building dedicated to the functions of an ATM as an accessory use to the primary building use(s). ATMs accessed by drive-through space shall be regulated as a drive-through service (See Drive-Through Services).
XX. Attached shall mean any structure that has an interior wall or roof in common with another structure.
YY. Auction Sales, Indoor shall mean an indoor sale open to the public where property or goods are sold to the highest bidder. Auction sales shall not include one-time bankruptcy or asset liquidation auctions.
ZZ. Auction Sales, Outdoor shall mean an outdoor sale open to the public where property or goods are sold to the highest bidder. Auction sales shall not include one-time bankruptcy or asset liquidation auctions.
AAA. Awning shall mean an architectural projection that provides weather protection, identity, or decoration, and is wholly supported by the building to which it is attached. An awning is typically constructed of non-rigid materials on a supporting framework which projects from and is supported by the exterior wall of a building.
17.16.020 (B)
A. Bail Bonds shall mean a facility that provides bail bonds, documents that ensure to the court system that a person facing charges, and who typically is in jail, will appear for future court appointments if released.
B. Banks, Financial, Savings and Loan Institutions shall mean financial institutions providing retail banking services. This classification includes only those institutions serving walk-in customers or clients, including but not limited to, banks, savings and loan institutions, and credit unions, but excludes Check Cashing Businesses.
C. Bar/Nightclub/Lounge shall mean an age-restricted establishment where alcoholic beverages are offered for on-site consumption as its principal function pursuant to applicable California Department of Alcoholic Beverage Control standards, where food service, if any, is incidental and subordinate to the sale of alcohol. This classification may feature entertainment which includes, but is not limited to, music, dancing, comedy, and karaoke with the issuance of an entertainment permit. Uses include but are not limited to a tavern, bar, cocktail lounge, or nightclub. This classification shall exclude restaurants, cafes, or coffee shops which may include alcohol sales for on-site consumption as incidental to the primary use.
D. Basement shall mean any floor level (story) which is partly or completely below grade. A basement shall be counted as a story for the purposes of height measurement where any portion of a basement has more than one-half of its height above grade.
E. Bed and Breakfast shall mean a transient lodging establishment, typically limited to 20 or less rooms with a common dining area, primarily engaged in providing overnight or otherwise temporary lodging for the general public, which is inhabited as a primary residence by the owners or operators, and which may provide meals to the extent allowed by law. This classification shall exclude short-term residential rentals (e.g., Airbnb, VRBO, HomeAway, etc.).
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F. Berm shall mean a mound or embankment of earth.
G. BIA refers to the California Building Industry Association.
H. Biosolid Material shall have the same meaning as Sludge.
I. Body Piercing shall mean the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration, including, but not limited to, the piercing of a lip, tongue, nose, or eyebrow. Body piercing does not include the piercing of an ear with a disposable single-use, presterilized stud or clasp or solid needle that is applied using a mechanical device to force the needle or stud through the ear.
J. Borrow Pit. See Mining/Resource Extraction.
K. Brewery/Distillery/Winery shall mean establishments engaged in the production, processing, packaging, or manufacturing of alcoholic beverage products primarily for off-site consumption, where retail sales are incidental. This use is regulated based on size and the presence of retail sales/tasting rooms where alcoholic beverages are sold and consumed on site. Includes incidental food sales and entertainment.
1. Brewery/Distillery/Winery - with tasting room shall mean a Brewery/Distillery/Winery with retail sales/tasting rooms where alcoholic beverages are sold and consumed on site.
2. Brewery/Distillery/Winery - without tasting room shall mean a Brewery/Distillery/Winery without tasting rooms where alcoholic beverages are sold and consumed on site.
L. Brewpub/Taproom/Wine Bar/Microdistillery shall mean a drinking establishment that also serves food, and where beer or malt beverages, wine, and other alcoholic beverages are manufactured, brewed, or distilled, or stored on site for retail purchase as an accessory use.
M. Buildable Area shall mean the portion of the lot remaining after deducting all required setbacks and easements from the net area of the lot.
N. Building shall mean any structure for the shelter, housing, or enclosure of any person, animal, article, or chattel and when any portion thereof is completely separated from every other portion thereof by a division wall or fire wall, without openings, each such portion shall be a separate building. A building shall include any structure requiring a building permit.
O. Building, Accessory. See Accessory Structure.
P. Building Coverage. See Lot Coverage.
Q. Building Distance, Minimum shall mean the shortest distance measured from any point between buildings from wall to wall, exclusive of eaves and other allowed projections which are regulated separately.
R. Building Envelope, Horizontal and Vertical shall mean the maximum width and height of a structure based on minimum setback requirements and maximum building height limitations for the zone within which the structure is located. These envelopes may be utilized to evaluate visual impacts when specific architectural plans are not provided for subdivision review.
S. Building Facade shall mean that portion of any exterior elevation of a building extending vertically from grade to top of a parapet wall or eaves, and horizontally across the entire width of the building elevation.
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T. Building Frontage shall mean the length of a building wall as measured continuously in one plane for the entire length of the subject building, excluding eaves or roof overhangs. Where a building is visible from more than one street or parking area, the building frontage of the main public entry shall be designated as the primary building frontage with all other such frontages designated as secondary.
U. Building Height. See PMC Section 17.17.030 (Measuring Heights).
V. Building Materials Sales and Services shall mean retail sales or rental of building supplies or equipment. This classification includes, but is not limited to, lumber yards, tool and equipment sales or rental establishments, and includes establishments devoted principally to taxable retail sales to individuals for their own use. This definition does not include Construction and Material Yards, home improvement centers, hardware stores less than 10,000 square feet in floor area, or Nursery/Garden Center.
W. Building, Principal shall mean one or more buildings on a lot or building site designed or used to accommodate the primary use to which the premises are devoted.
X. Building Setback Line shall mean that line parallel to the street right-of-way line at a distance therefrom equal to the depth of the front setback required for the zone in which the lot is located.
Y. Building Site. See Development Site.
Z. Business Office shall mean an office which has as its main function the arrangement of business transactions, the holding of sales meetings and administrative conferences, the receiving of client payments, and the keeping of records and accounts pertaining to a business.
AA. Business or Commerce shall mean the purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity or service for profit or livelihood, and shall include office buildings, offices, recreational or amusement enterprises.
BB. Business to Business Support Services shall mean establishments providing non-retail-related services to other businesses on a fee or contract basis. Examples of these uses include, but are not limited to business equipment repair services; architecture, CAD services, drafting, engineering, etc.; interior decorator services; dispatch office (including taxi, plumbing, limo, emergency) limited to fielding calls; no on-site vehicle operations or storage; office use for mobile businesses, blueprint printing, binding, engraving, photocopying, job printing or related services; computer-related services (rental, repair); electronics/small machinery maintenance and repair; locksmith services; mailbox services; outdoor advertising services; janitorial/custodial and window-cleaning services; office security; equipment rental businesses within buildings; heavy equipment repair services where repair occurs on the client site; and taxi or delivery services with two or fewer fleet vehicles on-site. Business to Business Support Services exclude vehicle repair services.
17.16.030 (C)
A. Café/Bakery shall mean establishments where food and beverages may be prepared and are sold to patrons for predominately off-site consumption. This classification includes, but is not limited to, cafés, coffee shops, delicatessens, ice cream shops, and bakeries. This classification may include limited seating for on-site consumption of products.
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B. California Environmental Quality Act (CEQA) shall mean the statute found in Public Resources Code Section 21000 et seq. that requires all jurisdictions in the State of California to evaluate the extent of environmental degradation posed by a proposed project.
C. Campground shall mean an open-air facility, where recreational vehicle or camping spaces are rented, or reserved, for overnight stay in tents, trailers, or recreational vehicles for 30 consecutive days or less.
D. Care Facility, Residential. See Residential Care Facility.
E. Caretaker's Unit shall mean a permanent residence that is secondary or accessory to the primary use of the property and used for housing a caretaker on the site of a nonresidential use where needed for security purposes or to provide 24-hour oversight or operations, equipment, or other resources on the site, including, but not limited to the care or monitoring of people, plants, animals, equipment, or other conditions on the site.
F. Carpool shall mean a vehicle carrying two to six persons commuting together to and from work on a regular basis.
G. Carport shall mean a permanent roofed structure not completely enclosed, used, or intended to be used for vehicle parking.
H. Cellar shall mean the same as Basement.
I. Cemeteries, Crematories, or Mausoleums shall mean land and or structures that are dedicated for cemetery purposes or for the burial of the dead, including columbariums, crematoriums, and mausoleums. Excludes funeral homes and mortuaries (see Funeral Homes and Mortuaries).
J. Certificate of Occupancy shall mean a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure or development conforms with all the applicable municipal codes, ordinances, and conditions of approval.
K. Charitable Organization shall mean an organization, association, corporation, or other legal entity duly qualified for tax-exempt status by the United States Internal Revenue Service and the California Franchise Tax Board.
L. Check-Cashing Businesses shall mean establishments that, for compensation, engage in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. Check-Cashing Businesses also include the business of deferred deposits, whereby the check casher refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Civil Code 1789.33. Check Cashing Businesses exclude state or federally chartered banks, savings associations, credit unions, or industrial loan companies. Check-Cashing Businesses also exclude retail sellers engaged primarily in the business of selling consumer goods, which include, but are not limited to, consumables to retail buyers, that cash checks or issue money orders incidental to their main purpose or business.
M. Child Day Care in a Home shall mean a day care facility licensed by the State of California, located in a residential unit where a resident of the dwelling provides care and supervision for periods of less than 24 hours for up to 14 children under the age of 10, including children who reside at the home.
N. Churches. See Community Assembly.
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O. Cinema/Theater/Performing Arts Center shall mean any indoor facility for performing arts or display of films and motion pictures on single or multiple screens/stages. This classification may include incidental food and beverage service to patrons and shall exclude adult-oriented entertainment (see Adult-Oriented Business).
P. City shall mean the City of Palmdale, California, or the area within the territorial limits of the City of Palmdale, California, and such territory outside of the City of Palmdale, California, over which the City of Palmdale, California, has jurisdiction or control by virtue of any constitutional or statutory provision.
Q. City Council shall mean the City Council of the City of Palmdale.
R. Civic/Government shall mean administrative, clerical, or public contact offices of a government agency, including postal facilities and courts, along with accessory storage and maintenance.
This classification excludes corporation yards, equipment service centers, and similar facilities that require maintenance and repair services and storage facilities for related vehicles and equipment (see Utilities, Major and Utilities, Minor).
S. Clubhouse shall mean any building used by an association of persons, organized for some common purpose, but not including a group organized solely or primarily to render service customarily carried on as a commercial enterprise.
T. Code shall mean a code adopted by Ordinance of the City of Palmdale.
U. College/University shall mean the use of a site for either a public or private college or university, excluding Vocational/Trade schools. This classification may include, but is not limited to, incidental/accessory dining and food service facilities, event spaces, sports fields, and student housing (dormitories).
V. Co-located Small Wind Energy System (CSWES) shall mean a wind energy conversion system that is located on a pole, which has a rated capacity of eight kW or less.
W. Commercial Recreation and Sports, Indoor shall mean establishments providing sports, indoor amusement, and entertainment services conducted within an enclosed structure, including coin- operated electronic amusement centers. Typical uses include but are not limited to, bowling alleys, billiard parlors, card rooms, health clubs, ice- and roller-skating rinks, indoor racquetball courts, athletic clubs, escape rooms, rage rooms, and physical fitness centers. See Instructional Services for small group/specialized instructional facilities.
X. Commercial Recreation and Sports, Outdoor shall mean sports conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, golf courses, miniature golf courses, tennis clubs, futsal, soccer fields, outdoor batting cages, swimming pools, and archery ranges. May include some indoor facilities.
Y. Commercial Vehicle Parking (Primary) shall mean any vacant lot or facilities used for off-street parking for commercial trucks and vehicles as a primary use.
Z. Commission shall mean the Planning Commission of the City of Palmdale.
AA. Communications, Facilities within Buildings shall mean facilities for the provision of broadcasting and other information-relay services using electronic and telephonic mechanisms.
This classification includes, but is not limited to, radio, television, or recording studios, and telephone switching centers.
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BB. Communications/Wireless Telecommunications Facility shall mean any facility or facilities that transmits and/or receives electromagnetic waves. This classification includes, but is not limited to, antennas and/or other types of equipment for the transmission or receipt of such signals, telecommunications towers or similar structures supporting such equipment, related accessory equipment, equipment buildings, parking areas, and other accessory development. The term “communication facility” does not apply to the following: 1) Government-owned and government-operated telecommunications facilities; 2) Emergency medical care provider- owned and emergency medical care provider-operated telecommunications facilities; 3) Mobile services providing public information coverage of news events of a temporary nature; and 4) Any wireless telecommunications facilities exempted from this Ordinance by Federal law or State law.
1. Communication/Wireless Telecommunications Facilities, Major shall mean a communication facility that, due to size, scale, location, or other characteristics, is likely to have some detectable impact on adjacent uses or on the environment, including aesthetic or visual impacts, or that may have a cumulative impact City-wide or on the regional environment due to the number of sites included or in combination with other projects.
This definition includes freestanding antenna structures, including monopoles and towers, or the placement of a network of wireless communication facilities throughout an area onto existing structures, or other facilities which, as determined by the Director, warrant this classification.. See PMC Section 17.95.010 (Communication/Wireless Telecommunications Facilities).
2. Communication/Wireless Telecommunications Facilities, Minor shall mean a communication facility which by its size, scale, location, design, or combination of such measures, allows the facility to be aesthetically integrated into the surrounding environment so as not to be readily seen or recognized as a communication facility and is not likely to have some detectable impact on adjacent uses or on the environment. Such a facility is commonly referred to as a Stealth Telecommunications Facility (see PMC Section
17.95.010 (Communication/Wireless Telecommunications Facilities).. See PMC Section
17.95.010 (Communication/Wireless Telecommunications Facilities).
CC. Community Assembly shall mean a facility for public or private meetings, including community centers, places of worship, union halls, meeting halls, country clubs, club houses, banquet centers, and other membership organizations. Included in this classification is the use of functionally related facilities for the use of members and attendees including, but not limited to, kitchens, multi-purpose rooms, classrooms, and storage.
DD. Composting Facility shall mean a facility which causes, under controlled conditions, the biological degradation of organic waste materials, including leaves, grass clippings, garden waste, brush and branches and Christmas trees. The term composting facility shall not include compost bins or piles on developed residential property for the exclusive use of the residents of said property.
EE. Conditional Use Permit shall mean a discretionary entitlement which may be granted under the provisions of this Ordinance which when granted authorizes a specific use for a specific property, subject to compliance with conditions of approval imposed on the entitlement by the Reviewing Authority.
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FF. Condominium shall mean a development of an undivided interest in common for a portion of a parcel coupled with a separate interest in space in a residential, industrial, or commercial building on the parcel.
GG. Congregate Meal Facility shall mean a facility that provides scheduled meals on a daily basis for families or individuals who are homeless or low income. This type of facility is included within Social Service Facilities. This term does not include homeless shelters or transitional housing.
HH. Construction shall mean any parcel preparation, assembly, erection, substantial repair, alteration, or similar action conducted on public or private property.
II. Construction and Materials Yards shall mean the storage of construction materials or equipment on a site other than a construction site. This classification includes, but is not limited to, contractor’s storage yards and facilities used for the storage and wholesale trade of building materials.
JJ. Construction Commencement shall mean the start of construction on- and-off-site and structural improvements after a building permit or grading permit has been issued.
KK. Contiguous shall mean directly abutting or sharing a lot line in common.
LL. Convenience Market shall mean a neighborhood-serving retail store of 5,000 square feet or less in gross floor area that carries a range of merchandise oriented to daily convenience shopping needs, which may include grocery items and alcoholic beverage sales as allowed by this Ordinance. This classification excludes convenience markets with drive-through service.
MM. Cottage Food Operation shall mean an enterprise where an individual prepares or packages non potentially hazardous foods in his/her/their private home for sale to consumers and as it is defined in California Health and Safety Code Section 113758. The definitions set forth in Health and Safety Code Section 113758 are hereby incorporated herein by reference, as they are now enacted or hereafter amended.
NN. Cottage Industry shall mean a more intensive form of home-based business, having more employees, more floor area used for the business, or other signs of greater use of a residential parcel for business purposes. A cottage industry, like a home occupation, remains clearly subordinate to the use of the parcel and dwelling for residential purpose, but includes one or more of the following aspects: requires regular visits by clients or customers; needs frequent delivery or shipment of goods; conducts regular operations or stores materials outside of the residence; has a tendency to create noise, odors, or glare; employs two or more individuals who reside off premises; or includes on-site sales to the public. See Cottage Food Operation for food related operations.
OO. Counseling shall mean the application of mental health, psychological, or human development principles, through cognitive, affective, behavioral, or systemic intervention strategies, that address wellness, personal growth, or career development as well as pathology. Counseling and mental health services are activities that focus on the cognitive, emotional, behavioral, and social needs of individuals, groups, and families. They are designed to prevent and address problems, facilitate positive learning and behavior, and enhance healthy development.
Counseling includes individual counseling, small group counseling, classroom guidance, prevention, and crisis response.
PP. Council shall mean the City Council of the City of Palmdale, California. “All its members” or “all councilmembers” means the total number of councilmembers holding office.
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QQ. County shall mean the County of Los Angeles.
RR. Court or Court Yard shall mean an open, unoccupied space other than a yard, unobstructed from ground to sky, bounded on two or more sides by the walls of a building. An inner court is a court entirely enclosed within the exterior walls of a building. All other courts are outer courts.
SS. Crop Production shall mean the cultivation of tree, vine, field, forage, and other plant crops intended to provide food or fibers. This classification excludes wholesale or retail nurseries (See Nursery/Garden Center).
TT. Cross Lot Drainage shall mean a drainage system that conveys parcel run-off toward the rear or side lot line where it is captured in a drainage channel, pipe, or similar structure and directed across lot lines to an approved point of discharge, or detention or retention.
UU. Cultural Institutions shall mean public or quasi-public cultural institutions, examples of which include but are not limited to, aquariums, arboretums, art galleries and exhibitions, botanical gardens, zoos, historic sites and exhibits, libraries, and museums. May also include accessory retail uses including, but not limited to, gift/book shops, restaurants, etc.
VV. Custom Home shall mean a detached single-family dwelling which is individually designed and constructed to fit the unique requirements of both the parcel and the intended owner.
WW. Custom Home Subdivision shall mean the division of land into lots which are improved but not developed, intended for sale to purchasers who thereafter will construct custom homes on an individual basis, without development sequencing or phasing by a single builder.
17.16.040 (D)
A. Daylight Grading shall mean a grading technique which designates an existing natural contour as the transition line between a manufactured pad for development and an adjacent natural slope face and which eliminates the need for fill slopes along the exposed edges of the development pad.
B. Days shall always be consecutive calendar days unless otherwise stated.
C. Decision, Administrative shall mean decisions that are approved by the Director in the process of approving or disapproving a particular use or activity based on adherence with this Ordinance and other applicable regulations and statutes.
D. Decision, Discretionary shall mean decisions that require the exercise of judgment, deliberation, or decision on the part of the Review Authority in the process of approving or disapproving a particular activity, as distinguished from ministerial decisions in which the Review Authority’s determination is limited to finding whether there has been conformity with applicable statutes, ordinances, or regulations.
E. Decision, Ministerial shall mean decisions that are approved by a Review Authority based upon a given set of facts in a prescribed manner in obedience to the mandate of legal authority.
F. Dedication shall mean the donation to a public agency of land or the right to utilize land, for a specific public use.
G. Density. See PMC Section 17.17.060 (Density).
H. Density Bonus shall mean an increase above the otherwise maximum allowable residential density under the General Plan (the base density).
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I. Density Transfer shall mean an increase in density on one portion of a property to a level that may exceed the underlying General Plan designation of that portion of the property while maintaining a net density over the entire property that is consistent with the underlying General Plan designation.
J. Department shall mean the City of Palmdale Economic and Community Development Department, unless otherwise stated.
K. Detached shall mean any building or structure that does not have a wall or roof in common with any other building or structure.
L. Developer shall mean the builder who is responsible for the planning, design, and construction of an applicable development project. A developer may be responsible for implementing the provisions of the Ordinance codified in this chapter as determined by the property owner.
M. Development shall mean the placement or erection of any solid material or structure; discharge or disposal of any dredged material or any gaseous liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any soil or materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure including any facility of any private, public or municipal utility; and the removal of any major vegetation. As used in this Ordinance, “structure” includes but is not limited to any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. A “project,” as defined in Government Code Section 65931, is included with this definition.
N. Development Proposal shall mean an application for approval of a comprehensive plan, subdivision, Conditional Use Permit, Tentative Tract or Parcel Map, or any other development permit or entitlement application which has been filed with and is pending for consideration by the City.
O. Development Site shall mean the land area, consisting of one or more recorded lots when comprehensively designed and developed. A development site could be either under one ownership or for use as a condominium. The site may be either currently occupied or proposed to be occupied by a main building(s)/primary use(s) and accessory building(s)/use(s) together.
P. Director shall mean the Director of Economic and Community Development, or his/her/their designee, unless otherwise specified.
Q. Discontinue (Discontinuance) shall mean the cessation or removal of a use for a specified period of time or permanently.
R. District, Zone. See Zone.
S. Drainage Facilities shall mean improvements constructed for the storage or conveyance of storm runoff in drainage channels, including channels, culverts, ponds, storm drains, drop-inlets, outfalls, basins, pumps, gutter inlets, manholes, and conduits.
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T. Drive-Through Services (Accessory) shall mean any business that sells products or provides services to occupants in vehicles, including drive-through or drive-up windows and drive- through services. For drive-throughs as part of an eating establishment, see Restaurant, Drive- Through.
U. Driveway shall mean a paved area providing direct access for vehicles between a street and an allowed off-street parking or loading area.
V. Duplex. See Two-Family Dwellings, Duplex.
W. Dwelling shall mean a structure or portion thereof designed for residential occupancy, not including hotels or motels.
1. Dwelling, Multiple. See Multi-Family Residential, ≥ 5 Units.
2. Dwelling, Primary shall mean the principal dwelling unit located on a lot where a second or dependent dwelling unit is existing or proposed.
3. Dwelling, Single-Family. See Single-Family Dwelling, Attached and Single-Family Dwelling, Detached.
4. Dwelling, Three Family (Triplex). See Multi-Family Dwelling, Triplex/Quadplex.
X. Dwelling Unit shall mean one or more rooms in a building or portion thereof, designed, intended to be used or used for occupancy by one household for living and sleeping quarters, and containing only one kitchen, not including hotels or motels.
17.16.050 (E)
A. Easement shall mean the grant of a nonpossessory property interest that provides the easement holder permission to use another person's land.
B. Eave shall mean the projecting lower edge of a roof overhanging the wall of a building.
C. Efficiency Apartment shall mean a dwelling unit that combines kitchen, living, and sleeping facilities into one room in a multi-family dwelling.
D. Electric Distribution Substation shall mean an assembly of equipment which is part of a system for the distribution of electric power where electric energy is received at a sub-transmission voltage and transformed to a lower voltage for distribution for general consumer use.
E. Elevation shall mean:
1. A vertical distance above or below a fixed reference level; or
2. A flat scale drawing of the front, rear or side of a building or structure.
F. Emergency shall mean a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss of or damage to life, health, property, or public services.
G. Emergency Shelters shall mean housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less as defined in Section 50801 of the California Health and Safety Code. Medical assistance, counseling, and meals may be provided.
H. Emergency Standby Generator shall mean stationary generator used for the generation of electricity that meets the criteria set forth in paragraph (29) of subdivision (a) of Section 93115.4 of Title 17 of the California Code of Regulations.
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I. Employee Parking Area shall mean the portion of total required parking at a development used by on-site employees.
J. Enclosed shall mean a covered space fully surrounded by walls, including windows, doors, and similar openings or architectural features, unless otherwise specified.
K. Engineer, City shall mean the City Engineer of the City of Palmdale.
L. Entertainment, Live shall mean any act, play, revue, pantomime, scene, dance act, musical performance, performance art, or song and dance act, or any combination thereof, performed by one or more persons whether or not they are compensated for the performance. See also Live Entertainment as Accessory Use, Indoor (Accessory), and Live Entertainment as Accessory Use, Outdoor (Accessory).
M. Entitlement. See Approval.
N. Exotic Animal shall mean any warm or cold-blooded animal not normally maintained in a dwelling unit with people, not considered domesticated within California, or requiring a permit from the State of California Department of Fish and Wildlife.
O. Explosives shall mean any explosive substance, having a power equal to or greater than that of ordinary black powder, including but not limited to blasting caps, detonating, fulminating or electric caps, gunpowder, and dynamite, but shall not include fixed ammunition for small arms.
P. Extraction shall mean the removal from the earth of oil, water, gas, gravel, mineral or geothermal resources by drilling, pumping or other means, whether for exploration or production purposes.
17.16.060 (F)
A. Fair Market Value shall mean the amount to be determined pursuant to Business and Professions Code Section 5412.
B. Family Day Care Center shall mean establishments providing non-medical care for persons on a less than 24-hour basis other than Child Day Care in a Home. This classification includes nursery schools, preschools, and day care facilities for children or adults, and any other day care facility licensed by the State of California.
C. Farmer’s Market shall mean any location or activity where a variety of agricultural and home- made products, including but not limited to fruits, vegetables, meats, nuts, and flowers are offered for sale to the general public by farmers and produce growers who are certified by a farmer’s market association.
D. Feasible means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.
E. Fence shall mean an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
F. Fence, Open View shall mean a fence that permits at least 50 percent open visibility through the fence.
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G. Fill shall mean any material or substance which is deposited, placed, pushed, dumped, pulled, transported or moved to a new location and the conditions resulting therefrom. Fill also includes pilings placed for the purpose of erecting structures thereon when located in a submerged area.
Examples of fill material include, but are not limited to, earth, excavated or dredged materials, sand, gravel, rock, riprap, and concrete.
H. Film Production & Postproduction shall mean motion picture and television facilities, and related media support facilities for the production, processing, reconstruction, synchronization of film with soundtrack, and distribution of motion pictures and other forms of audiovisual products, including but not limited to, education and entertainment films, tapes, and other reproduction media. This classification includes, but is not limited to, film sets, workshops, prop houses, sound stages, accessory administrative and production offices, post-production facilities (editing and sound recording studios, foley stages, and the like), special effects and optical effects units, film laboratories, and the like.
I. Flag shall mean a piece of fabric, plastic or other flexible material that is designed to hang from a pole, flex in the wind, and be used to display a symbol of a nation, government entity, religious entity or other organization, or be used to signal or attract attention.
J. Floor Area, Habitable shall mean the total horizontal area of all the floors of a building measured from the interior surface of the walls including all floors below ground level but exclusive of vent shafts, courts, and garages.
K. Floor Area Ratio (FAR). See PMC Section 17.17.050 (Floor Area and Lot Coverage).
L. Food or Beverage Manufacturing shall mean establishments engaged in the production, processing, packaging, or manufacturing of food or beverage products for off-site consumption and any instruction, direct sales, or on-site consumption are incidental to the food production activity. This classification includes, but is not limited to, coffee roasters, meat or fish processing, and wholesale bakeries. This classification also includes the storage of manufacturing or processing equipment and supplies in addition to any necessary administrative offices, necessary to support the use. This classification excludes slaughtering of animals or fowl.
M. Food Preparation, Commercial shall mean businesses preparing and/or packaging food primarily for off-site consumption, excluding those of an industrial character in terms of processes employed, waste produced, water used, and traffic generation (see Food or Beverage Manufacturing). Typical uses include, but are not limited to, caterers and commercial kitchens, and commercial/wholesale bakeries. This classification excludes bakeries, cheese shops, butchers, etc. operating for on-site sales only (not engaging in distribution to other food sellers inside/outside of the city).
N. Fortunetelling, Palm and Card Reading shall mean establishments providing any type of palm or card reading, psychic services, future telling, spirit communication, and/or any other related type of trade for donation or compensation.
O. Freight/Trucking Facility shall mean any property and improvements used for freight, courier, and postal services; trucking/freight operations; or freight transfer truck terminals including the parking, servicing, repairing, storage of trucks, truck tractors, and/or truck trailers. This classification excludes local messenger and local delivery services (see Light Fleet-Based Services).
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P. Front Wall shall mean the nearest wall of a structure to the street upon which the structure faces, excluding cornices, canopies, eaves, and any other allowed projections.
Q. Frontage shall mean that side or sides of a parcel abutting a street.
R. Fueling Station shall mean an establishment primarily engaged in retailing vehicle fuels or providing Electric Vehicle (EV) charging facilities in combination with activities including, but not limited to, minor vehicle repair services; selling vehicle oils, replacement parts, and accessories; and/or providing incidental food and retail services. Car washes are excluded.
S. Funeral Homes and Mortuaries. A place of business where deceased are prepared for burial or cremation, and funeral services may be conducted.
17.16.070 (G)
A. Gable shall mean the vertical triangular end of a structure from cornice or eaves to ridge.
B. Garage, Private shall mean an accessory structure or an accessory portion of the main structure, designed and intended to be used primarily for the shelter or storage of vehicles owned or operated by the occupants of the main structure.
C. Garage, Public shall mean a structure other than a private garage used for the parking and storage of vehicles that is available to the general public.
D. Garage Sale. See Yard Sale.
E. Garden/Greenhouse, Private shall mean a private food-producing garden or greenhouse that is accessory to the primary use of the site.
F. Gas Station. See Fueling Station.
G. General Plan shall mean the comprehensive, long-term General Plan for the physical development of the City of Palmdale, as adopted by the City Council, and as thereafter amended.
H. General Retail shall mean the retail sale or rental of merchandise not specifically listed under another use classification. This classification is regulated by size and includes retail establishments including, but not limited to, department stores, home improvement centers, clothing stores, furniture stores, pet supply stores (no on-site sale/keeping of animals), small hardware stores (with 10,000 square feet or less of floor area), and businesses retailing the following goods: collectible stores, toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, firearms, sporting goods, kitchen utensils, hardware, appliances, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, and bicycles. General Retail includes new vehicle sales with indoor display of up to two vehicles. General Retail sales may be combined with ancillary services including, but not limited to office machine, computer, electronics, and similar small- item repairs.
I. Glare shall mean the effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and ability.
J. Government Code shall mean the State of California Government Code.
K. Grade shall mean the vertical location of the ground surface.
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1. Grade, Existing or Natural shall mean the ground elevation prior to any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development.
2. Grade, Finished shall mean the final ground elevation after the completion of any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development.
3. Grade, Rough shall mean the ground elevation after the completion of any grading or other site preparation to establish the approximate final elevations and drainage patterns for the proposed development or alteration of an existing development.
L. Gradient shall mean the rate of vertical change of a ground surface expressed as a percentage figure and determined by dividing the vertical distance by the horizontal distance. See also Slope and Slope Steepness.
M. Grading shall mean any excavation, filling, or movement of earth material by mechanical means, including but not limited to rock processing, dredging, blasting, bulldozing, and digging.
N. Grading, Mass shall mean a grading technique in which all lots, building pads and streets are graded over the entire parcel area resulting in the disruption of the majority of the on-site natural grade and vegetation, and often resulting in, but not required to result in, a successive pad/terrace configuration.
O. Grocery Store shall mean an establishment over 5,001 square feet, primarily engaged in the retail sale of products including, but not limited to, food, meat, dry goods, canned goods, produce, dairy, fresh and prepared meats, fish, and poultry. This classification excludes Convenience Markets.
P. Gross Leasable Area (GLA) shall mean the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any; expressed in square feet and measured from the center line of joint partitions and from inside wall faces.
Q. Group Residential Home shall mean shared living quarters without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis. This classification includes rooming and boarding houses, employee housing, dormitories and other types of organizational housing, and private residential clubs, but excludes Lodging, Hotels and Lodging, Motels, Sober Living Homes, Transitional Housing, and Residential Care Facilities.
R. Guest House shall mean living quarters within a detached building located on the same premises with the main building, for use by temporary guests of the occupants of the premises.
Such quarters may have a bath and toilet facilities, but no kitchen facilities and not be rented or otherwise used as a separate dwelling. Guest houses must be less than 300 square feet in area.
17.16.080 (H)
A. Habitable Structure. A structure that is suitable for human occupancy for purposes of employment, habitation, or other purpose.
B. Hardscape shall mean any inorganic decorative landscape materials, including but not limited to, stones, boulders, cobbles, pavers, decorative concrete, and/or mulch, incorporated into an overall landscape design.
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C. Hazardous Materials Facility shall mean a hazardous materials facility, including all contiguous land and structures used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous materials or waste as defined in California State Health and Safety Code Section 25117.1. This classification excludes the storage of small quantities of explosives or hazardous materials, as customary in hardware, landscaping, or sporting goods stores, etc. See related definitions in PMC Chapter 17.96 (Hazardous Materials Facilities).
D. Health Department shall mean the County of Los Angeles Department of Health Services/Public Programs.
E. Height. See Building Height.
F. Hillside Area shall mean any property containing slope areas of 10 percent or greater.
G. Home Occupation shall mean any activity of a non-residential nature carried on within a living unit or accessory structure, by an occupant of the living unit and which is clearly incidental and secondary to the residential use of the living unit. Home occupations typically include uses which involve infrequent or no visits by clients or customers, need infrequent delivery or shipment of goods, and utilize only a small area of the residence to conduct operations. A home occupation may include, but is not limited to, the handicraft manufacturing of products, the conduct of an art or profession, the offering of a service, or an administrative office for the conduct of a business.
H. Homeless Shelter. See Emergency Shelter.
I. Homeowners Association shall mean an organization incorporated under State law among property owners who have a common interest in certain property.
J. Horticultural Production shall mean commercial facilities for growing flowers, trees, and ornamentals. This classification excludes wholesale or retail nurseries (See Nursery/Garden Center).
K. Hospital shall mean a facility providing medical, psychiatric, or surgical services for sick or injured persons, primarily on an inpatient basis, and including supplementary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors. Hospitals shall be licensed by the State of California to provide surgical and medical services. Hospitals may include on-site accessory clinics and laboratories, accessory retail uses, and on-site ambulance dispatch facilities.
L. Household shall mean one or more individuals, related or unrelated, living together in a single dwelling unit.
17.16.090 (I)
A. Illegal Structure, Use, or Lot shall mean a structure, lot, or use which did not conform to applicable laws when constructed or initiated and has not been granted legal nonconforming status by a categorical provision of this Ordinance or has not been brought into full conformity by a specific remedy provided in this Ordinance.
B. Immobile Populations shall mean persons who cannot or should not be moved. Centers of immobile populations include, but are not limited to, schools, hospitals, convalescent homes, prisons, and facilities for the mentally ill.
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C. Improvement shall mean any place, building, structure, natural feature, or object constituting a physical addition to real property or a structure on real property, or any part of such addition or facade.
D. Improvement, Tenant shall mean an improvement within the confines of an existing building exclusive of those required to meet minimum Uniform Building Code occupancy standards which include, but are not limited to wiring or plumbing.
E. Income, Low shall mean those households earning 80 percent or less of the area median income as defined in Section 50079.5 of the Health and Safety Code.
F. Income, Moderate shall mean those households earning 120 percent or less of the area median income as defined in Section 50093 of the Health and Safety Code.
G. Income, Very Low shall mean those households earning 50 percent or less of the area median income as defined in Section 50079.5 of the Health and Safety Code.
H. Indoor Warehousing, Storage, Wholesaling, and Distribution shall mean indoor storage and/or sale of goods to other firms for resale; storage of goods for transfer to retail outlets; or storage and sale of materials and supplies used in production or operation, including janitorial and restaurant supplies. This classification includes cold storage, freight moving and storage, warehouses, distribution and wholesalers. Wholesalers are primarily engaged in business-to- business sales but may sell to individual consumers through mail or internet orders. Wholesalers typically operate from a warehouse or office having little or no display of merchandise and are not designed to solicit walk-in traffic. This classification excludes wholesale sale of building materials (see Building Materials Sales and Services) or any use that involves cannabis.
I. Inoperative Vehicle shall mean any vehicle which is not currently registered, or which is not capable of self-propulsion.
J. Institutional Use shall mean an established organization, foundation, civic, or governmental agency dedicated to education, public service, or culture.
K. Instructional Services shall mean facilities that offer specialized programs in personal growth for students of any age group. Examples of these facilities include but are not limited to, individual and group instruction and training in the arts; production rehearsal; photography; martial arts training studios; gymnastics instruction; and aerobics and gymnastics studios with no other associated fitness facilities (e.g., health club, pool, etc.). Also includes production studios for individual musicians, painters, sculptors, photographers, and other artists.
L. Intersection shall mean where two or more roads connect at grade.
M. Irrigation System shall mean a connection of system components, including the water distribution network and the irrigation equipment downstream from the backflow prevention device that is necessary to ensure that all landscape areas and landscape materials are thoroughly and adequately watered.
17.16.100 (J)
A. Junior Accessory Dwelling Unit (JADU) shall mean an Accessory Dwelling Unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.
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B. Junk shall mean any scrap, waste, reclaimable material, or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition. Materials or equipment kept on any premises for use in the construction of any building on such premises, and any materials or equipment customarily used on a farm or ranch, and so situated, shall not be deemed “junk” or “salvage material” within the meaning of this Ordinance.
C. Junk Yard shall mean the same as Salvage Yard.
17.16.110 (K)
A. Kennels, Private/Hobby shall mean any lot where four or more dogs or cats, over the age of four months, are kept or maintained.
B. Kennels/Boarding, Commercial shall mean a commercial, non-profit, or governmental facility for keeping, boarding, training, breeding, or maintaining dogs, cats, or other household pets not owned by the kennel owner or operator that provide 24-hour accommodations of animals.
Typical uses include pet clinics, pet hotels, animal shelters, but excludes Veterinary Hospitals and Pet Daycare.
C. Kiosk/Outdoor Vending shall mean a free-standing, walk-up facility for retail sales of merchandise or services; this use is generally operated as a kiosk or cart in conjunction with a shopping center or other retail establishment. For facilities with a drive-through access, see Drive-Through Services.
D. Kitchen shall mean any space within a building designed, intended to be used or used for the cooking or the preparation of food, including storage and refrigeration.
17.16.120 (L)
A. Land Reclamation Project. See Sanitary Landfill.
B. Land Use shall mean the way in which property is or will be utilized or occupied.
C. Landform Grading shall mean a design concept which utilizes grading techniques that stress the preservation of significant topographic features, the selective placement of development, variations to slope gradients, transitional slopes, and the sculpture-like shaping of manufactured slopes in a manner that replicates the shapes and characteristics of natural landforms.
D. Landscape Setback Area shall mean the entire setback areas less the footprint of legally erected structures, driveways, non-irrigated portions of parking lots, and structures including, but not limited to decks and patios. Areas dedicated to edible plants, such as orchards or vegetable gardens, are not included.
E. Landscape, Live Plant Material shall mean any combination of live plant materials (trees, shrubs, vines, ground cover) and pervious non-plant materials (gravel, stones, decomposed granite, mulch, etc.). Live plant materials include ground cover, shrubs, and trees.
F. Landscaping shall mean the planting and continuous maintenance of some combination of trees, shrubs, vines, ground cover, flowers, lawns, pervious non-plant materials, or other decorative features to land. This may include the installation of natural landscape features including, but not limited to rock and stone, earthen berms, walkways, plazas, courtyards, and structural features including but not limited to fountains, reflecting pools, art works and benches.
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G. Large Residential Care Facility. See Residential Care Facility, Large.
H. Laundromat shall mean a business premises equipped with individual clothes washing and drying machines whether coin-operated or attendant operated for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house, hotel, or motel. This classification excludes commercial laundry facilities (see Manufacturing/Processing, Light).
I. Law denotes applicable Federal law, the Constitution and statutes of the State of California, the ordinances of the City, and when appropriate, any and all rules and regulations which may be promulgated thereunder.
J. Legislative Body shall mean the City Council of the City of Palmdale.
K. Light Fleet-Based Services shall mean passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of three or more vehicles with rated capacities less than 10,000 pounds. This classification includes, but is not limited to, parking, dispatching, and offices for taxicab and limousine operations, ambulance services, non- emergency medical transport, local messenger and document delivery services, home cleaning services, and similar businesses.
L. Light Source shall mean a device that produces illumination, including incandescent light bulbs, fluorescent and neon tubes, halogen, and other vapor lights and reflecting surfaces or refractors incorporated into a lighting fixture. Any translucent enclosure of a light source or reflective surface is considered to be part of the light source.
M. Liquor Store. See Alcohol Sales, Off-Sale.
N. Live Entertainment as Accessory Use, Indoor (Accessory) shall mean music, comedy, dancing, acting, or other entertainment performed indoors . This includes dancing by patrons to live or recorded music and any activity with amplified sound that can be heard outside the facility. This classification excludes adult-oriented entertainment (see Adult-Oriented Business).
O. Live Entertainment as Accessory Use, Outdoor (Accessory) shall mean music, comedy, readings, dancing, acting, or other entertainment performed in an outdoor setting. This classification excludes adult-oriented entertainment (see Adult-Oriented Business).
P. Live/Work shall mean an integrated housing unit and working space, occupied, and utilized by a single household structure, either single-family or multi-family, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and where the residential use is secondary and accessory to the primary use as a place of work.
Q. Loading Space shall mean an area used exclusively for loading or unloading of goods from a vehicle in connection with the use of the site on which such space is located.
R. Located within the Public Right-of-Way shall include any facility which, in whole or in part, itself or as part of another structure, rests upon, in, over or under the public right-of-way.
S. Lodging, Extended Stay shall mean a building or group of buildings under single ownership, containing six or more rooms or suites providing transient or temporary lodging for periods not limited to 30 days, available at daily, weekly, or monthly rates to guests only. Rooms often have independent cooking facilities, and these establishments may also include accessory services including, but are not limited to restaurants, meeting rooms, function halls, common facilities, and recreation facilities. Includes extended stay hotels and apartment hotels.
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T. Lodging, Hotels shall mean a building or group of buildings containing individual rooms or suites of rooms, each having a private bathroom, for the purpose of providing overnight accommodations to the general public for compensation, for periods of 30 consecutive days or less. These establishments may provide additional services and amenities including, but not limited to, conference and meeting rooms, restaurants, bars, spas, or recreation facilities available to guests or to the general public. Common facilities, including, but not limited to those for reservations, cleaning services, and on-site management, are provided.
U. Lodging House. See Group Residential Home.
V. Lodging, Motels shall mean a building or group of buildings containing individual sleeping or living units for the purpose of providing overnight accommodations to the general public for compensation, for periods of 30 consecutive days or less. Typically, such units open individually and directly to the outside, where a garage is attached or a parking space is conveniently located near each unit, all for temporary use by automobile tourists or transient travelers.
Generally, includes limited amenities or services.
W. Lodging, Timeshares shall mean a facility in which a person receives the right in perpetuity, for life or for a specific period of time, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, or portion of real property for a period of time which has been or will be allocated from 12 or more occupancy periods into which the facility has been divided. A timeshare use may be coupled with an estate in the real property, or it may entail a license, contract, membership, or other right of occupancy not coupled with an estate in the real property.
X. Lot shall mean a parcel, tract or area of land established by plat, subdivision, or as otherwise allowed by law, to be used, developed or built upon. The classification of lots are:
Figure 17.16.120-1. Lot Types
1. Corner shall mean a lot located at the intersection of two or more streets at an angle of not more than 135 degrees. If the angle is greater than 135 degrees, the lot shall be considered an Interior Lot.
2. Flag shall mean a lot having access or an easement to a public or private street by a narrow, private right-of-way.
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3. Interior shall mean a lot abutting only one street.
4. Key shall mean a lot with a side line that abuts the rear line of any one or more adjoining lots.
5. Reverse Corner shall mean a corner lot, the rear of which abuts the side of another lot.
6. Through shall mean a lot having frontage on two generally parallel streets, with only one primary access.
Y. Lot Area shall mean the total horizontal area included within the lot lines of a lot or parcel of land, exclusive of any landscape easement.
Z.Y. Lot Area, Gross shall mean the total horizontal area of that area of a lot or parcel of land inclusive of the following, except as otherwise provided in this Ordinance:
1. Public alleys, highways or streets; or
2. Proposed public facilities which include, but are not limited to alleys, highways, streets, or other necessary public sites when included within a proposed project; or,
3. Other public or private easements where the owner of the property does not have the right to use the entire surface of the land.
Figure 17.16.120-2. Gross Lot Area
AA.Z. Lot Area, Net shall mean the total horizontal area ofthat area of a lot or parcel of land exclusive of the following, except as otherwise provided in PMC Chapter 17.81.010 (Lot Area):
1. Public alleys, highways, or streets, except as provided in PMC 17.81.010 (Lot Area); or
2. Proposed public facilities which include, but are not limited to alleys, highways, streets, or other necessary public sites when included within a proposed project; or
3. Other public or private easements where the owner of the property does not have the right to use the entire surface of the land.
BB.AA. Lot Coverage. See PMC Section 17.17.050.C (Determining Lot Coverage).
CC.BB. Lot Depth. See PMC Section 17.17.040 (Lots and Setbacks).
DD.CC. Lot Line shall mean any boundary of a lot. The classification of lot lines are:
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1. Lot Line, Front shall mean the line separating the parcel from the street on an interior lot.
On a corner lot, front shall mean the shorter lot line abutting a street. If the lot lines on a corner lot are equal in length, the front lot line shall be based on the street with the highest classification in the General Plan. On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line. For flag lots and other irregularly shaped parcels, the front lot line is determined to be the narrowest portion of the lot (for flag lots, the front shall be the portion with the “pole,” excluding the “pole”).
2. Lot Line, Interior shall mean any lot line not abutting a street.
3. Lot Line, Rear shall mean a lot line not intersecting a front lot line, which is most distant from and most closely parallel to, the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line (e.g., triangular lot), a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for establishing the minimum rear setbacks, and other provisions of this Ordinance.
Figure 17.16.120-3. Rear Lot Line on Irregular Lots
4. Lot Line, Side shall mean any lot line that is not otherwise defined as a front, rear, or street side lot line.
5. Lot Line, Street Side shall mean any lot line abutting a street that is not determined to be a front lot line.
EE.DD. Lot Width. See PMC Section 17.17.040 (Lots and Setbacks).
17.16.130 (M)
A. Manufactured Home, as defined in State of California Health and Safety Code Section 18007, shall mean a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.
B. Manufactured Slope. See Slope, Manufactured.
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C. Manufactured/Mobile Home Park shall mean a development designed and occupied by manufactured/mobile housing units or park models including development with facilities and amenities used in common by occupants who rent, lease, or own spaces for mobile/manufactured/park model housing units through a subdivision, cooperative, condominium, or other form of resident ownership.
D. Manufactured/Mobile Home Subdivision shall mean an area of land where lots are divided for sale, rent, or lease to accommodate manufactured or mobile homes. See also Manufactured/Mobile Home Park.
E. Manufacturing shall mean the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the construction of products, and the blending of materials including, but not limited to plastics, resins, or oils.
F. Manufacturing, Outdoors shall mean establishments engaged in the outdoor assembly, fabrication, or manufacturing of non-edible products from extracted, raw, recycled or secondary materials, or bulk storage and handling of such products and materials. Production typically involves some transformation by way of heating, chilling, combining, or through a chemical or biochemical reaction or alteration. Toxic, hazardous, or explosive materials may be produced or used in large quantities as part of the manufacturing process. These industrial activities may produce impacts on nearby properties, including, but not limited to, noise, gas, odor, dust, or vibration. This classification includes manufacturing for biomass energy conversion, commercial advertising, cosmetics and perfumes, electrical appliances and explosives, film and photographic processing plants, apparel and textile mills, leather and allied products manufacturing, wood and paper, glass and glass products, chemical products, medical/pharmaceutical products, plastics and rubber, nonmetallic minerals, primary and fabricated metal products, and automotive and heavy equipment. This classification also includes the storage of manufacturing or processing equipment and supplies in addition to any necessary administrative offices necessary for the associated use.
G. Manufacturing/Processing, Heavy shall mean indoor establishments engaged in the assembly, fabrication, or manufacturing of non-edible products from extracted, raw, recycled or secondary materials, or bulk storage and handling of such products and materials. Production typically involves some transformation by way of heating, chilling, combining, or through a chemical or biochemical reaction or alteration. Toxic, hazardous, or explosive materials may be produced or used in large quantities as part of the manufacturing process. These industrial activities may produce impacts on nearby properties including, but not limited to, noise, gas, odor, dust, or vibration. This classification includes manufacturing for biomass energy conversion, commercial advertising, cosmetics and perfumes, electrical appliances and explosives, film and photographic processing plants, apparel and textile mills, leather and allied products manufacturing, wood and paper, glass and glass products, chemical products, medical/pharmaceutical products, plastics and rubber, nonmetallic minerals, primary and fabricated metal products (large), and automotive and heavy equipment. This classification also includes the storage of manufacturing or processing equipment and supplies in addition to any necessary administrative offices necessary for the associated use.
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H. Manufacturing/Processing, Light shall mean indoor establishments engaged in manufacturing of non-edible products and finished parts primarily from previously prepared materials by means of physical assembly or reshaping. These industrial activities produce limited impacts on nearby properties including, but not limited to, noise, gas, odor, or vibration. This classification includes uses where retail sales are clearly incidental to an industrial or manufacturing use; monument works; printing, engraving, and publishing; computer and electronic product manufacturing; fabricated metal products (small); furniture and related product manufacturing (excluding Artisan Manufacturing/Makers Spaces); commercial laundry processing and other cleaning operations that use chemical solvents, and industrial services. This classification also includes the storage of manufacturing or processing equipment and supplies in addition to any necessary administrative offices necessary for the associated use.
I. Mass Grading. See Grading, Mass.
J. Massage means any method of treating the external parts of the body for remedial, health, or hygienic purposes by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids including, but not limited to rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, other similar preparations commonly used in this practice, or any other system for treatment or manipulation of the human body with or without any form of bath, including, but not limited to Turkish, Russian, Swedish, Japanese, Shiatsu, acupressure, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath, including herbal body wraps.
K. Massage Establishment, Accessory shall mean massage services as an accessory use. Examples include, but are not limited to, massage chairs/services at shopping malls or in hotels.
L. Massage Establishment, Stand-Alone shall mean any establishment having a fixed place of business where any person engages in or carries on any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the body with the hands or with the aid of any mechanical electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. Such establishment shall have health enhancement as part of its purpose. Exempted from this definition are massage therapists operating in conjunction with and on the same premises as a physician, surgeon, chiropractor, osteopath, nurse, or any physical therapist (State-licensed professions or vocations) who are duly State-licensed to practice their respective professions in the State of California.
M. Massage Technician includes “masseur”, or “masseuse”, “massage practitioner” and “massage therapist”, and means any person who administers to any other person, for any form of consideration or gratuity, a massage as defined in this Ordinance.
N. Median shall mean a paved or planted area separating a street, accessway or highway into one or more lanes of opposite direction of travel.
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O. Medical Services, Extended Care shall mean a private medical services facility providing for regular care on an extended basis as required beyond immediate in-office visits; generates limited to no walk-in service. Examples include, but are not limited to, nursing homes, adult residential facilities treating mental health, and the like. Usually includes incidental medical laboratories.
P. Medical Services, Medical/Dental/Holistic/Clinic shall mean a facility other than a hospital where medical, dental, holistic, mental health, surgical, and/or other personal health care services are provided on an outpatient basis (for example, chiropractors, medical doctors, psychiatrists, other than nursing staff). May also include incidental medical laboratories, supporting pharmacies, etc. Medical Services, Medical/Dental/Holistic/Clinic excludes any establishment offering professional, or counseling services conducted, operated, or supervised by other types of professionals other than medical doctors or psychiatrists (e.g., social workers, career counselors), are included under Office - Professional/Administrative.
Q. Medical Services, Urgent Care shall mean an establishment providing limited clinical and emergency medical services through primarily walk-in service. May also include incidental medical laboratories. This classification excludes urgent care services as part of a hospital.
R. Microblading/Permanent Makeup shall mean an establishment whose principal business activity is using ink or other substances that result in the permanent coloration of the skin using needles or other instruments designed to contact or puncture the skin as a means of producing designs that resemble makeup, including, but are not limited to eye-lining and other permanent enhancing colors to the skin of the face, lips, eyebrows, and eyelids. This classification excludes Tattoo/Body Art/Piercing Establishments.
S. Mining/Resource Extraction shall mean the use of a site for extraction of surface or subsurface mineral products or natural resources. This use includes Borrow Pits, mining operations, oil drilling or fracking, and uses incidental to mining operations including temporary stockpiling of materials and structures necessary for the on-site production of mineral products or natural resources.
T. Mobile Home shall have the meaning set forth in State of California Health and Safety Code Section 18008.
U. Model Home (on-site) shall mean a dwelling unit temporarily used for display purposes as an example of dwelling units available for sale in a particular residential development.
V. Modular/Prefabricated Homes shall mean modular or prefabricated units are constructed inside building facilities and then transported to the building site for assembly. The main difference between manufactured homes and modular homes is that manufactured homes are built to the national HUD code, while modular/prefabricated units are built to all applicable State and local building codes.
W. Month means a calendar month.
X. Motor Vehicle shall mean a self-propelled device by which any person or property may be propelled, moved, or drawn upon a street or highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks.
Y. Mounted shall mean attached or supported.
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Z. Mulch shall mean any material, organic or inorganic, including, but not limited to leaves, straw, gravel, decomposed granite or other materials left loose and applied to the soil surface to reduce evaporation.
AA. Multi-Family Dwelling, Triplex/Quadplex shall mean three or four dwelling units on a permanent foundation on one lot or parcel, or a single structure designed or used for occupancy by three or four households, living independently of each other. Three or four side-by-side dwellings sharing a common wall but located on their own lots are considered single-family attached dwellings/townhomes. Includes stationary Modular/Prefabricated Homes.
BB. Multi-Family Residential, ≥ 5 Units shall mean a building, parcel, or site with five or more dwelling units; units may be attached or detached. Includes stationary Modular/Prefabricated Homes.
CC. Municipal Code. See Palmdale Municipal Code (PMC).
17.16.140 (N)
A. Neighborhood Market shall mean an establishment under 5,000 square feet, primarily engaged in the retail sale of a variety of products including, but not limited to, dry goods, canned goods, fresh fruits and vegetables, dairy products, fresh and prepared meats, fish, and poultry. No alcohol sales are allowed (See Convenience Market).
B. Nonconforming Structure, Legal shall mean any structure or improvement that was lawfully established pursuant to all applicable ordinances and laws at the time it was erected, but which, due to the application of this Ordinance or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the structure or improvement is located.
C. Nonconforming Use, Legal shall mean any use of land or property that was lawfully established pursuant to all applicable ordinances and laws at the time the use commenced, but which, due to the application of this Ordinance or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the use is located.
D. Nonresidential Development shall mean any development which is designated, used, or intended to be used for any purpose other than a residence or residences.
E. Nuisance shall mean anything which is injurious to health, or is indecent or offensive to the senses, or is an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or which unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake or river, bay, stream, canal, or basin or any public square, street or highway.
F. Nuisance Activities shall mean any conduct or actions which is a nuisance, which includes without limitation the following: disturbance of the peace; illegal drug activity; public drunkenness; illegal public consumption of an alcoholic beverage; public urination; harassment of passerby; gambling; prostitution; sale of stolen goods; excessive loud noise; lewd conduct; loitering; vandalism; assault; battery; sale to and/or consumption of alcohol by minors; and illegal parking.
G. Nursery/Garden Center shall mean any establishment(s) primarily engaged in retailing nursery and garden products, including, but not limited to trees, shrubs, plants, seeds, bulbs, and sod that are predominantly grown elsewhere. This classification includes commercial and wholesale greenhouses and nurseries offering plants for sale.
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17.16.150 (O)
A. Office, Processing shall mean office-type facilities characterized by high employee densities and occupied by businesses engaged in information processing and other computer-dependent and/or telecommunications-based activities. Examples of these uses include, but are not limited to, airline and rental car company reservation centers, computer software and hardware design and development, consumer credit reporting, data processing services, call centers, medical offices where no medical services are provided, insurance claim processing, telecommunications facility design and management, and mail order and electronic commerce transaction processing.
B. Office, Professional/Administrative shall mean office-type facilities occupied by businesses that provide professional services or are engaged in the production of intellectual property.
Examples of these uses include, but are not limited to, accounting services, advertising agencies, attorneys, business associations, commercial art and design services, construction contractor offices, design services (e.g., architecture, engineering), management and public relations services, news services, photography studios, financial management/counseling, clerical employee services, security and commodity brokers, and writer/artist offices.
C. Office, Service shall mean establishments providing direct services to consumers. Examples of these uses include employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, and elected official satellite offices. This classification excludes Banks, Financial, Savings and Loan Institutions.
D. Official Zoning Map shall mean a map which graphically shows all zone boundaries and classifications within the City, as contained within this Ordinance, and is on file in the Palmdale Economic and Community Development Department.
E. Open Space, Common shall mean usable open space within a project owned, designed, and set aside for use by all occupants of the project or by occupants of a designated portion of the project. Common open space is not dedicated to the public and is owned and maintained by a private organization made up of the open space users. Common open spaces may be indoor rooms or outdoor open spaces that are shared and accessible only to building residents and their visitors. They can be located at the ground level, on parking podiums, or on rooftops, provided they are adequately landscaped. Common open spaces include courtyards, gardens, play areas, open landscaped areas, outdoor dining areas, recreational amenities, rooftop amenities, and community rooms, among others, but excludes pavement or driveway areas, or parkway landscaping within the public right-of-way.
F. Open Space, Natural shall mean natural open space, and habitat and/or resource conservation areas.
G. Open Space, Private shall mean usable open space intended for private use for each dwelling unit and may include balconies (covered or uncovered), private gardens, private yards, terraces, decks, and porches, among others. Private open space includes private patios or balconies and front, rear, or side setbacks on a lot designed for single-family detached or attached housing.
H. Open Space, Usable shall mean outdoor or unenclosed area on the ground or on a deck or terrace, designed and accessible for outdoor living recreation, pedestrian access, or landscaping but excluding streets, parking facilities, driveways, utility, or service areas. Setback areas are not considered usable open space unless they are at least 20 feet wide.
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I. Ordinance shall mean an ordinance of the City of Palmdale.
J. Outdoor Dining (Accessory) shall mean any group of tables and chairs, and its authorized decorative and accessory features, situated and maintained in an open or partially enclosed or screened area on public or private property for use in connection with the consumption of food and beverage sold on-site.
K. Outdoor Display shall mean the long-term placement of goods or merchandise not located within an entirely enclosed building and without screening or fencing. See PMC Section
17.92.1010 (Outdoor Display).
L. Outdoor Entertainment shall mean a predominantly spectator use, conducted in open or partially enclosed or screened facilities. This classification typically includes amusement and theme parks, sports stadiums and arenas, racetracks, amphitheaters, and drive-in theaters.
M. Outdoor Storage (Accessory) shall mean on-site at-grade or shelved space for the storage of business-related materials, products, and goods. All on-site storage shall be limited to those materials directly used or produced in relation to the functional on-site business activity, subject to all storage and screening requirements of the applicable zone.
N. Outdoor Storage (Primary) shall mean an establishment whose principal use is the outdoor storage of materials, products, or equipment, subject to all storage and screening requirements of the applicable zone.
O. Outdoor Storage (Temporary) shall mean the outdoor storage of materials, products, or equipment on a temporary basis, subject to all storage and screening requirements in PMC Section 17.98.020 (Temporary Uses).
P. Overspray shall mean water from an irrigation system that is delivered beyond the landscaped area, wetting pavements, walks, walls, structures, or other non-landscaped areas.
Q. Owner, Building or Land shall mean any person appearing on the last equalized assessment roll of the County of Los Angeles, including any part owner and joint owner.
17.16.160 (P)
A. Pad, Building shall mean that area of a lot graded relatively flat, or to a minimum slope, for the purpose of accommodating a building and related outdoor space.
B. Palmdale Municipal Code (PMC) shall mean the compilation of the applicable ordinances (rules, regulations, or standards) that establish the legal foundations of the City of Palmdale.
C. Parapet shall mean the extension of the main walls of a building above the roof level.
D. Parcel of Land shall mean a contiguous quantity of land in the possession of, or owned by, or recorded as the property of, the same claimant(s) or person(s).
E. Park Model or Park Trailer shall mean a trailer mounted on wheels, or originally mounted on wheels and from which the wheels have been removed. A park trailer shall meet all of the following requirements:
1. It contains 400 square feet or less of gross floor area, excluding loft area space if that loft area space meets the requirements of Subdivision (b) and Section 18033 of the California Health and Safety Code. It may not exceed 14 feet in width at the maximum horizontal projection.
2. It is built on a single chassis; and,
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3. It may only be transported upon the public highways with a permit issued pursuant to Section 35780 of the California Vehicle Code.
F. Parking, Covered shall mean a permanent carport or garage that provides full overhead protection from the elements with roof coverings customarily used in building construction.
Canvas, plastic, lathe, and vegetation are not ordinary roof coverings and do not qualify, when used, as providing a covered parking space.
G. Parking Lots & Structures shall mean surface parking lots and structures when such use is not incidental to another on-site activity. This classification may include park and ride facilities, be located above or below grade, and use of the parking structure may be subject to a fee.
H. Parking Space shall mean land or space, covered or uncovered, including space in a private garage, laid out for, surfaced, and used or designated to be used for parking of a motor vehicle and permanently maintained as such. Parking Space does not include drive aisles, ramps, loading or work/service areas and other areas used for ingress and egress to parking spaces.
I. Parks and Recreation Facilities shall mean parks, playgrounds, recreation facilities, trails, and related open spaces, all of which are noncommercial. This classification includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, golf courses, botanical gardens and community gardens, as well as related food concessions or community centers within the facilities. For facilities that include a lighted field, see Athletic Fields, Lighted.
J. Parkway shall mean the area of a public street that lies between the curb and the adjacent property line or physical boundary definition including, but not limited to fences or walls, which is used for landscaping and/or passive recreation purposes, and utility services.
K. Passenger Transportation Facilities shall mean a facility for passenger transportation operations, including, but not limited to, rail stations, bus terminals and pick-up areas, and scenic and sightseeing facilities. This classification excludes terminals serving airports or heliports, taxis, etc. (see Airports and Helicopters).
L. Patio Cover shall mean any roof-like structure attached to another structure, or any extension of a roof line, constructed for the purpose of decoration or protection from the elements in connection with outdoor living.
M. Patio Sales. See Yard Sales.
N. Pawnshop shall mean an establishment engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker, and the incidental sale of such property.
O. Permit shall mean written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization.
P. Permitted Use shall mean the same as Allowed Use.
Q. Permittee shall have the meaning of persons who have been issued a permit including 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, and all successors in interest.
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R. Person shall mean any individual, partnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, business trust, public agency, school district, the State of California and its political subdivisions or instrumentalities, receiver, syndicate or any group or combination thereof, acting as a unit, including any trustee, receiver, or assignee.
S. Personal Services shall mean establishments providing non-medical services to individuals as a primary use. In addition to the uses included herein, Personal Services uses may also include accessory retail sales of products related to the services provided. Examples include, but are not limited to, barber/beauty shops, clothing rental, computer-related services (rental/repair), electronics/small machinery maintenance and repair, blueprint printing, binding, engraving, photocopying, or related services, film processing and photofinishing, locksmith, mailbox services, shoe and luggage repair, tailors, waxing/tanning salons, and dry-cleaning (pick- up/retail storefront, without processing facilities).
T. Personal Storage Warehousing or Facility shall mean facilities offering enclosed storage with individual access for personal effects and household goods including mini-warehouses and mini- storage. May include accessory RV storage. This classification shall exclude workshops, hobby shops, manufacturing, or commercial activity.
U. Pet Daycare shall mean a commercial, non-profit, or governmental facility for keeping or maintaining dogs, cats, or other household pets not owned by the facility owner or operator that provide daily accommodations of animals (not including overnight stays).
V. Piercing, Ear shall mean making a hole(s) through the ear lobe or other parts of the ear with the use of a disposable single-use, presterilized stud or clasp or needle. “Ear Piercing” does not include the piercing of any other body part of the human body other than the ear. See Tattoo/Body Art/Piercing Establishments.
W. Planned Development shall mean the planning, construction or implementation and operation of any use or structure, or a combination of uses and structures, based on a comprehensive and complete design or plan treating the entire complex of land, structures, and uses as a single project.
X. Planning Commission shall mean the Planning Commission of the City of Palmdale.
Y. Pole shall mean a single shaft of wood, steel, concrete, or other material capable of supporting the equipment mounted thereon in a safe and adequate manner and as required by provisions of this Ordinance.
Z. Porch shall mean a structure attached to a building to shelter an entrance or to serve as a semi- enclosed landing area providing access to the building; usually roofed and generally open-sided.
AA. Preceding and Following mean next before and next after, respectively.
BB. Principal Use shall mean the primary purpose for which a building, structure, or lot is designed, arranged, or intended, or for which they may be used, occupied, or maintained under this Ordinance.
CC. Professional Office. See Office, Professional/Administrative.
DD. Project shall mean any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure that is subject to the provisions of this Ordinance. This term includes, but is not limited to, any action that qualifies as a “project” as defined by the California Environmental Quality Act.
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EE. Projection, Architectural shall mean a building feature that is mounted on, and/or extends from the surface of the building wall or facade, typically above ground level. Examples of architectural projections include balconies, bay windows, eaves, cornices, porches, chimneys, awnings, canopies, or similar projections from a building.
FF. Prominent Landform shall mean a hill, portion of a ridge, canyon or similar features which possess a high level of visibility from existing and undeveloped areas within the City’s Sphere of Influence and form a component of the City’s natural skyline backdrop. Included within this definition would be landforms associated with the San Andreas Rift Zone and the lower foothills of the San Gabriel mountains.
GG. Property includes real and personal property.
HH. Property, Contiguous shall mean those properties which touch property lines of any parcel that is the subject of a land use decision, including those properties which touch said property lines of the subject parcel when projected across public or private rights-of-way and/or easements.
II. Property Line. See Lot Line.
JJ. Property Owner shall mean the individual or company that has ownership rights to a property such as a parcel of land or building. The property owner is responsible for the payment of any rates and taxes that arise. The property owner shall be responsible for complying with the provisions of this Ordinance either directly or by delegating such responsibility as appropriate to a tenant and/or his agent.
KK. Public Facilities shall mean any establishment, building or operation which is intended to be utilized for the establishment of public and/or quasi-public uses.
LL. Public Right-of-Way shall mean a strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be or is presently occupied by a road, sidewalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, bikeway, pedestrian walkway, or other public use.
MM. Public Service Facility shall mean facilities providing public safety and emergency services, including police and fire protection and emergency medical services, with incidental storage, training and maintenance facilities. Excludes Hospitals.
17.16.170 (Q)
A. Quarry. See Mining/Resource Extraction.
17.16.180 (R)
A. Reclamation shall mean the process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures.
B. Recorder shall mean the Recorder of the County of Los Angeles.
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C. Recreational Vehicle (RV) shall mean a mobile structure designed as temporary living quarters for recreation, vacation, camping, or travel use, which is either self-propelled or is mounted on or drawn by another vehicle. Examples include, but are not limited to, an RV, travel trailer, camping trailer, fifth-wheel trailer, truck camper, motor home, or camper van.
D. Recreational Vehicle Park shall mean any area or tract of land where one or more lots are rented or leased or held out for rent or lease to owners or users of RVs or tent camping used for travel or recreation purposes. RV parks can include utility hook-ups and amenities which could include but are not limited to a pool, recreational structure, and playground.
E. Recyclable Material shall mean reusable material including, but not limited to, metals, glass, plastic, and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported pursuant to Section 25250.11 and 25143.2(b)(4) of the California Health & Safety Code.
F. Recycling Collection Facility shall mean any establishment, including a place of business, center, or standalone container, for collecting recyclable materials.
1. Recycling Collection Facility, Small shall mean a center which occupies an area no more than 500 square feet for the acceptance by donation, redemption, or purchase, of recyclable materials from the public. Such a facility does not use power driven processing equipment. Collection facilities may include the following:
a. Mobile units;
b. Bulk reverse vending machines occupying more than 50 square feet; c. Kiosk type units which may include permanent structures; and, d. Unattended containers placed for the donation of recyclable materials.
2. Recycling Collection Facility, Large shall mean a center which occupies an area in excess of 500 square feet and which may include permanent structures.
G. Recycling Processing Facility shall mean a building or enclosed space used for the processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user’s specifications, by such means as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities include the following:
1. Recycling Processing Facility, Heavy shall mean any processing facility other than a light processing facility.
2. Recycling Processing Facility, Light shall mean a facility that occupies an area of not more than 45,000 square feet of gross collection, processing and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting grinding, shredding, and sorting of source separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.
H. Religious Assembly Use. See Community Assembly.
I. Resale/Consignment/Thrift Shop shall mean an establishment engaged primarily in the retail sale of secondhand merchandise.
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J. Research & Development shall mean any business combining activities, laboratories, and facilities for research; uses involve the production of experimental products that neither constitute nor cause a public health risk to employees and/or to surrounding properties and/or residents.
K. Residence shall mean one or more rooms designed, used, or intended to be used as permanent living quarters for a household and not as temporary or overnight accommodations.
L. Residential Care Facilities shall mean an integrated facility that provides accommodations for varying levels of care to residents, depending on need. This classification contains the following components: independent living units; residential care facilities; and continuing care, Alzheimer, and related facilities. Residential Care Facilities may include supportive medical and non- medical services directly affiliated with the treatment of on-site patients. Residential Care Facilities are categorized by the following programmatic elements:
1. Residential Care Facility, Small shall mean any state-licensed facility, place, or structure that is maintained and operated to provide non-medical residential care, day treatment, or foster agency services for six or fewer adults, children, or adults and children as defined in Article 1 of Chapter 3 of the California Health and Safety Code, Section 1500 et seq. This use includes the administration of limited medical assistance (e.g., dispensing of prescribed medications).
2. Residential Care Facility, Large shall mean any state-licensed facility, place, or structure that is maintained and operated to provide non-medical residential care, day treatment, or foster agency services for seven or more adults, children, or adults and children as defined in Article 1 of Chapter 3 of the California Health and Safety Code, Section 1500 et seq. This use includes the administration of limited medical assistance (e.g., dispensing of prescribed medications). This definition excludes Hospitals and those facilities that qualify as small residential care facilities.
M. Residential Sports Court shall mean any recreational court or activity area constructed on the same parcel as an existing residence for the private use of the occupants of the principal dwelling or their nonpaying guests. Residential sports courts shall not be allowed to be utilized for paid instructional or commercial purposes or as a sport team practice facility. Residential sports courts include, but are not limited to, complete or partial portions of the following:
basketball courts, batting cages, football fields, hockey rinks, badminton, racquetball or squash courts, skateboard ramps, tennis courts, volleyball courts or other similar uses. A basketball hoop utilizing a driveway or attached to a structure is not a residential sports court for purposes of this Ordinance.
N. Residentially Designated Property shall mean property in any jurisdiction which is either zoned or designated in the General Plan for residential uses.
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O. Restaurant, Bona Fide shall mean a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which shall be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and shall comply with all the standards of the local Department of Health. For purposes of this Chapter, a restaurant will be considered a Bona Fide Restaurant if the following criteria are satisfied:
1. A Bona Fide Restaurant shall have an on-site operational kitchen from which a substantial portion of the menu items are prepared.
2. A Bona Fide Restaurant shall keep its kitchen open and operational and shall provide food service until one-half hour before the establishment closes.
3. No more than 10 percent of the gross floor area is used for the sale, display and storage of alcoholic beverages for consumption on the premises.
4. Alcoholic beverages are sold only for consumption on the Bona Fide Restaurant premises.
5. The primary use is sit-down dining.
6. Any take-out food service is incidental to the primary use.
7. If a dance floor is provided, less than 10 percent of the gross floor area is utilized for dancing.
8. Alcoholic beverages are not served in conjunction with any recreational activity, game of chance, athletic event, or adult entertainment.
P. Restaurant, Dine-In and Take-Out shall mean any establishment operated for the primary purpose of providing food, beverages, or meals for compensation that has suitable kitchen facilities for the preparation, storage, and service of food. Food service may be for on-site consumption, off-site consumption, or a combination of service types. Excludes alcohol sales/consumption.
Q. Restaurant, Drive-Through shall mean any dine-in or take-out eating establishment with an affiliated drive-through facility for the service of food and beverages directly to patrons in vehicles.
R. Retreat Center shall mean a facility providing a setting to allow for the temporary gathering of individuals to educate, train, counsel, and recreate together. Retreat Centers include, but are not limited to, conference centers, youth camps, and spiritual retreat centers. This classification also includes incidental temporary lodging, dining and cooking facilities, administrative offices, and event spaces.
S. Reverse Vending Machine shall mean an automated recycling/depository mechanical device, as an accessory use, that accepts one or more types of recyclable beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by the state. The reverse vending machine may sort and process containers mechanically, provided the entire process is fully enclosed. A grouping of multiple reverse vending machines may be necessary/provided to meet the requirements of certification as a recycling facility.
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T. Review Authority shall mean the person or decision-making body (i.e., Director, Planning Commission, City Council, City official, or other designees) responsible for the review and/or final action on a land use approval.
U. Right-of-Way. See Public Right-of-Way.
V. Roof Line shall mean the top edge of the roof or top of the parapet, whichever forms the top line of the building silhouette.
W. Room shall mean an unsubdivided portion of the interior of a dwelling, excluding bathrooms, kitchens, closets, hallways, and service porches.
X. Rooming House. See Group Residential Home.
17.16.190 (S)
A. Safety Visibility Area shall mean is the triangle formed at the intersection of two streets and/or alley rights-of-way by measuring 20 feet along both the front and side property lines and connecting the lines diagonally across the property, as regulated by Section 17.82.070 (Safety Visibility Area Restrictions).
B. Salvage. Any article or material which is to be or intended to be reclaimed or saved from destruction.
C. Salvage Yards shall mean any property used for the keeping or storage of junk, the breaking up, dismantling, sorting, storage, distribution, or sale of any scrap, waste material or junk. The includes but not limited to, iron and scrap metals, paper, rags, glass, wood, and similar materials and shall include the dismantling of machinery or the storage or keeping for sale of parts and equipment resulting from dismantling operations on said property or elsewhere. Excludes Vehicle Wrecking/Dismantling.
D. Sanitary Landfill shall mean an engineered land burial facility licensed and approved by the State of California for the disposal of household waste which is located, designed, constructed, and operated to contain and isolate the waste so that it does not pose a substantial present or potential hazard to human health or the environment.
E. Satellite Dish shall mean an apparatus capable of receiving communications from a transmitter relay located in planetary orbit.
F. Schools, Public or Private (TK-12) shall mean an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained in compliance with the standards set by the State Board of Education. This classification includes elementary school, middle or junior high school, or senior high school.
G. Screening shall mean a method of visually shielding or obscuring a structure or portion thereof or use from an abutting or nearby use, or from the general public, by a fence, wall, hedge, berm or similar structure, architectural or landscape feature, or combination thereof.
H. Setback shall mean the minimum required horizontal distance from the nearest point of the front, side, or rear property line of the parcel to the nearest structure, parking area, or other designated item. Such distances shall be measured as a horizontal line at right angles to the property line or its target, exclusive of any landscape easements. When a property abuts a street with a required dedication or easement, the required setback shall be measured from the dedication/easement line.
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1. Setback, Front shall mean an area extending across the full width of the lot between the front lot line or the existing or future street right-of-way and the required setback line parallel thereto. The depth of a front yard shall be a distance specified by this Ordinance for the zone in which it is located and measured inward from the front lot line. For corner lots or parcels of land with two or more street and/or highway frontages approximately equal in length, the front lot line shall apply on the street with the highest classification in the General Plan. If a site fronts on two public streets of equal classification, the Director shall determine the front lot line.
2. Setback, Interior Side shall mean a setback area which does not abut a street. An area extending from the required front yard or, where there is no required front yard, from the front lot line to the required rear yard or, where there is no required rear yard, to the rear lot line and from the interior side lot line to a setback line parallel thereto.
3. Setback, Rear shall mean an extending across the rear of a lot for its full width between side lot lines, and to a depth specified by this Ordinance for the zone in which it is located.
If a lot has no rear lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for establishing the minimum rear setback.
4. Setback, Required shall mean a yard which complies with the minimum setback requirements for the zone in which the lot is located.
5. Setback, Side shall mean a yard extending from the rear line of the required front yard, or the front property line of the site where no front yard is required, to the front line of the required rear yard, or the rear property line of the site where no rear yard is required, the depth of which is the minimum horizontal distance between the side property line and a line parallel thereto on the site.
6. Setback, Street Side shall mean an area extending from the required front yard or, where there is no required front yard, from the front lot line to the rear lot line, and from the side street lot line, or the existing or future side street right-of-way (whichever is greater) to a structural setback line parallel thereto.
Figure 17.16.190-1. Setback Types
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I. Setback Line shall mean a line within a lot parallel to and measured from a corresponding lot line, forming the boundary of a required setback and governing the placement of structures and uses on the lot.
J. Sex Offender shall mean an individual that has served a term of imprisonment or jail time for an offense for which registration is required pursuant to Section 290 of the California Penal Code.
K. Sexually-Oriented Business shall mean the same as Adult-Oriented Business.
L. Sidewalk means the paved surface between the street curbing and the adjacent property line intended for the use of pedestrians.
M. Sign. See all sign definitions in PMC Chapter 17.88 (Signs).
N. Significant Ridgeline shall mean a long, conspicuous, continuous elevated landform that forms a part of the natural backdrop and skyline to the city. Said landform may consist of one or more ridge features each of varying elevations dependent on the characteristics of the ridgeline being evaluated. Distinct natural ridgelines forming a portion of the City’s skyline backdrop to the City include Ritter Ridge, Portal Ridge, Verde Ridge, and the Sierra Pelona mountains.
O. Single-Family Dwelling, Attached shall mean a dwelling unit on a permanent foundation that is designed for occupancy by one household located on a separate lot from any other unit (except a second dwelling unit, where allowed), and is attached through common walls to one or more dwellings on abutting lots. An attached single-family dwelling is sometimes called a Townhouse.
Includes stationary Modular/Prefabricated Homes.
P. Single-Family Dwelling, Detached shall mean a dwelling unit on a permanent foundation that is designed for occupancy by one household with private yards on all sides and located on a separate lot from any other unit (except an accessory dwelling unit, where allowed). Includes stationary Modular/Prefabricated Homes.
Q. Single-Room Occupancy shall mean a residential facility where living accommodations are individual secure rooms, with or without separate kitchen or bathroom facilities for each room, are rented to one- or two-person households for a weekly or monthly period of time. This use classification is distinct from Lodging, Hotel, Lodging, Motel, and short and long-term vacation rentals, which are commercial uses.
R. Site Plan shall mean a plan, prepared to scale, showing accurately and with complete dimensioning all of the structures, uses, easements, and the exact manner of a project proposed for a specific parcel of land.
S. Site Plan Review. See PMC Chapter 17.21 (Site Plan Review).
T. Slope shall mean an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. See Gradient.
U. Slope Face shall mean the slopes located directly below, and leading up to, the crest of a significant ridgeline or prominent landform.
V. Slope, Manufactured shall mean a human-made slope created by grading that consists wholly of cut or filled material.
W. Slope Steepness shall mean the relationship (the ratio) between the change in elevation (rise) and the horizontal distance (run) over which that change in elevation occurs. The percent of steepness of any given slope is determined by dividing the rise by the run on the natural slope of land, multiplied by 100.
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Figure 17.16.190-2. Slope Steepness
X. Sludge shall mean the accumulated matter, whether mechanically treated, irradiated, digested, stabilized, composted or untreated, produced in the treatment of wastewater. This includes liquid, semi-liquid, and solid material that has been mechanically dewatered or air dried.
Y. Small Residential Care Facility. See Residential Care Facility, Small.
Z. Small Residential Wind Generator Systems (SRWGS) shall mean a wind energy conversion system that is located on a pole designed with a vertical axis or a small conventional blade generator suitable for single-family residential zones consisting of a wind turbine, tower, associated controls, and conversions systems and which will be used primarily to reduce on-site consumption of utility power by converting mechanical energy into electricity.
AA. Small Residential Wind Generator Systems (SRWGS) Height shall mean the vertical distance from ground level to the tip of the wind generator at its highest point.
BB. Small-Scale Solar Energy System shall mean a solar energy system consisting of one or more roof-mounted and/or ground-mounted solar collector devices and solar-related equipment. A small-scale system is intended to primarily reduce on-site consumption of utility power but may include solar power generated for purchase by a utility provider; provided, that the generating facilities and any appurtenant equipment remain accessory to the primary use and structure(s).
CC. Smoke Shop shall mean any establishment, structure, facility, or stand that devotes more than 15 percent of either its gross floor space or display area to the retail sale, display, marketing, bartering, trading or exchange of any combination of tobacco, tobacco products, or exchange of tobacco paraphernalia, including electronic smoking devices and accessories.
DD. Smoking Lounge shall mean any business establishment that is dedicated, in whole or in part, to the smoking of tobacco products, electronic cigarettes, or other substances, including but not limited to establishments known variously as cigar lounges, hookah lounges, tobacco clubs, tobacco bars, etc.
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EE. Smoking Product shall mean any substance produced or sold to be used for smoking, ingestion, or consumption in cigarettes, cigars, pipes, hookahs, e-cigarettes, or other similar objects.
FF. Sober Living Home shall mean a residential structure or unit, not licensed by the State, which houses six or fewer residents and which meets the definition and complies with all the requirements set forth in PMC 17.91.090 (Sober Living Home).
GG. Social Service Facilities shall mean facilities providing a variety of supportive services on a less than 24-hour basis. Examples of services provided include, but are not limited to, counseling, limited medical services, meal programs, personal storage lockers, showers, instructional programs, television rooms, and meeting spaces. This classification excludes licensed day care centers (see Family Day Care Center), clinics, and emergency shelters providing 24-hour care (see Emergency Shelter).
HH. Solar Access shall mean a property owner’s right to have sunlight shine on their land or buildings for the specific purposes and to the extent provided under existing State law.
II. Solar Energy System, Primary shall mean a facility where solar energy generation for the purpose of sales of generated electricity is the principal use. Primary/utility-scale solar generating facilities consist of one or more freestanding ground-mounted solar collector devices, solar-related equipment and other accessory structures and buildings including substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities. See PMC Section 17.99.030 (Solar Energy System (Primary)).
JJ. Specific Plan shall mean a plan consisting of text maps, and other documents and exhibits regulating development within a defined area of the City, consistent with the General Plan and the provisions of Government Code Section 65450 et seq.
KK. Stable/Equestrian Facility, Commercial/Public shall mean commercial horse, pony, donkey, and mule facilities including horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), and pack stations. This classification shall also include accessory and incidental barns, stables, corrals, and paddocks.
LL. Stable/Equestrian Facility, Hobby/Private shall mean stables, corrals, and paddocks used by the individual homeowners of corresponding property and their animals.
MM.State shall mean the State of California.
NN. Stockpile shall mean the temporary placement or storage of inert materials, including but not limited to rock, sand, gravel, and soil. No stockpile shall contain biological material, including, but not limited to greenwaste, trash, composted material, biosolid material or sludge.
OO.Storage Shed shall mean a single-story accessory structure incidental to a main building and used for storage purposes. This term shall not include animal enclosures, garages, trailers, motor homes, mobile homes shipping and cargo containers, or other similar structures.
PP. Story shall mean that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.
QQ.Story, Half shall mean a story with at least two of its opposite sides situated immediately under a sloping roof, with the floor area of said story not in excess of two-thirds of the floor area of the floor immediately below it.
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RR. Strand Lights shall mean two or more light bulbs connected along any length of wire and not contained in conduit or other rigid enclosure.
SS. Street shall mean any public or private thoroughfare which affords primary means of access to abutting property.
1. Street, Regional shall mean a regional street as shown as such on the Circulation Map of the City of Palmdale General Plan.
2. Street, Crosstown shall mean a crosstown street as shown as such on the Circulation Map of the City of Palmdale General Plan.
3. Street, Connector shall mean a connector street as shown as such on the Circulation Map of the City of Palmdale General Plan.
4. Street, Neighborhood shall mean a neighborhood street as shown as such on the Circulation Map of the City of Palmdale General Plan.
TT. Structure shall mean anything constructed or erected, which requires a fixed location on the ground, or is attached to something having a fixed location on the ground.
1. Structure, Accessory shall mean a detached structure not for human habitation (as opposed to an accessory dwelling) which is incidental to and associated with a specific principal use or facility located on the same lot.
2. Structure, Principal shall mean one or more buildings conducting the principal use of the lot upon which it is situated.
UU. Subdivision shall mean the division of a lot, tract, or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale, development or lease.
VV. Subdivision Development Plan shall mean the specific development plan for an approved tentative map, including plot plans, architectural elevations, grading plans and landscape plans applicable to individual lots within said tentative map.
WW. Supportive Housing shall mean dwelling units with no limit on length of stay, that are occupied by the target population as defined in subdivision (d) of Section 53260 of the California Health and Safety Code ("Target population" means adults with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people). Supportive Housing usually includes onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his/her/their health status, and maximizing his/her/their ability to live and, where possible, work in the community.
XX. Swap Meet, Indoor shall mean an indoor event at which two or more persons or entities offer goods or services for sale or exchange, and at which a fee is charged to the party selling the goods or the buyer is charged for the privilege of entering the site to engage in sales transactions. Also, may be referred to as flea markets, swap lots, markets, or bazaars.
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YY. Swap Meet, Outdoor shall mean an outdoor event at which two or more persons or entities offer goods or services for sale or exchange, and at which a fee is charged to the party selling the goods or the buyer is charged for the privilege of entering the site to engage in sales transactions. Also, may be referred to as flea markets, swap lots, open air markets, or outdoor bazaars.
17.16.200 (T)
A. Tandem Parking shall mean that two or more vehicles are parked on a driveway, parking space, or in any other location on a lot, lined up behind one another.
B. Tattoo shall mean to insert pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin.
See Tattoo/Body Art/Piercing Establishment.
C. Tattoo/Body Art/Piercing Establishment shall mean an establishment whose principal business activity is one or more of the following: 1) using ink or other substances that result in the permanent coloration of the skin using needles or other instruments designed to contact or puncture the skin; or 2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. This classification excludes Microblading/Permanent Makeup establishments.
D. Technically Infeasible shall mean a circumstance in which compliance with a specific requirement within this Ordinance is incapable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.
E. Telecommunications Tower. See PMC Section 17.95.010 (Communication/Wireless Telecommunications Facilities).
F. Temporary Real Estate Sales Office shall mean a temporary office (on-site or off-site) used solely for the sale of new residences within a tract and/or complex.
G. Temporary Structure shall mean a structure without any foundation or footings, and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
H. Temporary Structures or Storage Facilities (Accessory) shall mean temporary buildings, include accessory to a primary use on the site, including, but not limited to, construction trailers or temporary storage containers for the temporary storage of goods on a site.
I. Temporary Use shall mean a use established for a specified period of time, with the intent to discontinue the use at the end of the designated time period.
J. Tenant and Occupant applied to a building or land, shall mean any person who occupies the whole or a part of such building or land, whether alone or with others.
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K. Tobacco Product shall mean any of the following: (1) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff. (2) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. (3) Any component, part, or accessory of a tobacco product, whether or not sold separately. Tobacco Product does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.
L. Tobacco/Smoking Paraphernalia shall mean cigarette papers, wrappers, or blunt wraps as defined in Section 308 of the Penal Code, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other instrument or paraphernalia designed for the smoking, preparation, storing, ingestion or consumption of tobacco and other smoking products. See Smoke Shop.
M. Townhouse shall mean an attached, single-family dwelling unit which is part of a group of two or more such units that are connected to, but separated from, one another by a common party wall having no doors, windows, or other provisions for human passage or visibility. Each owner owns the unit structure and the land on which the unit is located or an exclusive easement for it, plus a common interest in the land upon which the building is located.
N. Trailer shall mean a vehicle designed for carrying persons or property on its own structure and is capable of being drawn by a motor vehicle.
O. Transfer Station shall mean an area, including any necessary buildings or structures, for the temporary storage and the salvage of rubbish, garbage, or industrial waste.
P. Transit Operator shall mean the Antelope Valley Transit Authority (AVTA) which serves as the local and regional public transportation provider in the Antelope Valley.
Q. Transitional Housing shall mean housing that has a predetermined end point in time, typically no less than six months, and operated under a program that requires the termination of assistance, in order to provide another eligible program recipient to the service.
R. Transportation Demand Management (TDM) shall mean the alteration of travel behavior – usually on the part of commuters – through programs of incentives, services, and policies. TDM addresses alternatives to single occupant vehicles including, but not limited to, carpooling and vanpooling, and changes in work schedules that move trips out of the peak period or eliminate them altogether (as is the case in telecommuting or compressed work weeks).
S. Travel Center shall mean a site where the primary activity is the retail sale and dispensing of vehicle fuels for non-passenger vehicles. This use may be accessory to a primary industrial or public agency use or a primary use for the regular fueling of site-specific or general commercial fleet vehicles. It may include maintenance and service facilities conducted completely within an enclosed structure, overnight parking, and/or the sale of accessories and equipment for heavy commercial vehicles. This classification may also include accessory food, showers, laundry facilities, and sleeping facilities.
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T. Travel Trailer shall mean a Recreational Vehicle (RV) other than a motor vehicle, which is designed or used for human habitation, and which may be moved upon a public highway without a special permit or chauffeur’s license or both, without violating any provision of the California Vehicle Code.
U. Trip Reduction shall mean reduction in the number of work-related trips made by single occupant vehicles.
V. Triplex. See Multi-Family Dwelling, Triplex/Quadplex.
W. Tutoring Facilities shall mean facilities providing instruction to individuals or groups of students in a classroom setting for personal or professional enrichment involving scholastic, non-physical pursuits, including but not limited to academics, language instruction, and computer training.
Establishments providing instruction as a part of a certificate or degree granting program are included under Vocational/Trade School or College/University.
X. Two-Family Dwelling/Duplex shall mean a residential building on a permanent foundation containing two dwelling units, both of which are located on a single parcel (also referred to as a Duplex or “two-flat”). The dwelling units are attached and may be located on separate floors or side-by-side. Includes stationary Modular/Prefabricated Homes.
17.16.210 (U)
A. Unit, Attached shall mean a unit completely within an existing principal building or added to an existing principal building; provided, that both dwelling units shall be attached by a common wall, floor, or ceiling and not simply by a breezeway or porch; and shall be contained within one building.
B. Unit, Detached shall mean a unit that is structurally independent and separated from the existing primary dwelling or other structure on the site.
C. Urban Lot Split Housing Development shall mean the subdivision of one single-family residential parcel for the purpose of constructing or altering no more than two residential units per parcel within a single-family residential zone that meets the requirements of PMC Chapters
16.03 (Urban Lot Splits) and 17.39 (Standards for Two-Unit Developments and Urban Lot Splits in Single-Family Zones). The two units may consist of two new units or one new unit and one existing unit.
D. Use shall mean the purpose for which land, or a building or structure is arranged, designed, or intended to be used, or for which it is or may be used, occupied, or maintained.
E. Use, Accessory. See Accessory.
F. Use Inauguration shall mean the institution of use or occupancy of a property or that applicable grading and building permits have been issued, internal infrastructure installed, foundations poured, and above ground construction initiated and ongoing.
G. Use, Sensitive, among others, depending on the use and surrounding conditionsdepending on the situation, shall mean any residential use, public or private school, tutoring facility, day care, hospital, park, library, playground, or retirement facility.
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H. Utilities, Major shall mean services for the public good that include generating plants, solid waste collection including transfer stations and materials recovery facilities, solid waste treatment and disposal, water or wastewater treatment plants, water towers, dams, flood control facilities, and other services that provide major public infrastructure services for urban development. Such services may be publicly or privately operated.
I. Utilities, Minor shall mean services for the public good that include utility substations, pumping stations, telephone repeater stations, and other transmission and distribution facilities. May be publicly or privately operated.
J. Utility Pole shall mean any pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission.
K. Utility Yard shall mean a parcel of land, or portion of land, used by a private company or public entity for the production, storage, or repair of utility equipment (e.g., telecommunications, transit vehicles). Utility Yards may include, but are not limited to, bus yards, corporation yards, telecommunications equipment yards, etc.
17.16.220 (V)
A. Vanpool shall mean a vehicle carrying seven or more persons commuting together to and from work on a regular basis, usually in a vehicle with a seating arrangement designed to carry seven to 15 adult passengers on a prepaid subscription basis.
B. Variance shall mean a discretionary entitlement which permits the departure from the strict application of the development standards contained in this Ordinance.
C. Vehicle shall mean any motorized form of transportation, including but not limited to automobiles, vans, buses, and motorcycles.
D. Vehicle and Equipment Services and Repair, Major shall mean the repair of vehicles, trucks, motorcycles, motor homes, boats, recreational vehicles, and equipment generally on an overnight basis that may include disassembly, removal or replacement of major components including, but not limited to engines, drive trains, transmissions, or axles; and vehicle body and fender work, vehicle painting or other operations that generate excessive noise, objectionable odors, or hazardous materials. This classification excludes vehicle dismantling or salvaging and tire retreading or recapping.
E. Vehicle and Equipment Services and Repair, Minor shall mean the service and repair of vehicles, light-duty trucks, boats, motorcycles, and equipment including the incidental sale, installation, and servicing of related equipment and parts. This classification includes, but is not limited to, the replacement of small vehicle parts and liquids as an accessory use to a fueling station or vehicle accessories and supply store, general retail store and smog checks, tire sales and installation, vehicle radio/electronics installation, vehicle air conditioning/heater service, and quick-service oil, tune-up and brake and muffler shops where repairs are made or service provided in enclosed bays and no vehicles are stored overnight. This classification excludes repair of heavy trucks and construction vehicles.
F. Vehicle, Commercial shall mean a vehicle customarily used as part of a business for the transportation of goods or people.
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G. Vehicle Rental shall mean an establishment providing for the rental of vehicles, light/noncommercial trucks and vans, motorcycles. Typical uses include car rental agencies.
H. Vehicle Reservoir Area shall mean an area for temporary stopping of motor vehicles in a line while awaiting service, such as provided at a drive-through business.
I. Vehicle Sales and Rental, Large Vehicles and Equipment shall mean the use of a site for sales, servicing, rental, fueling, and washing of large trucks, trailers, tractors, boats, and other equipment used for construction, moving, agricultural, or landscape gardening activities (e.g., cranes, earth moving equipment, tractors, combines). May include large vehicle operation training facilities as an ancillary use.
J. Vehicle Sales, New shall mean the sale or lease, retail, or wholesale, of new vehicles, light/noncommercial trucks and vans, motorcycles, and motor homes, together with associated repair services and parts sales, but excluding body repair and painting. Typical uses include new vehicle dealers and recreational vehicle sales agencies.
K. Vehicle Sales, Used shall mean the retail sale of previously owned or used vehicles, light/noncommercial trucks and vans, motorcycles, and motor homes, not directly from the manufacturer.
L. Vehicle Sight Distance shall mean the area through which a driver has a clear view of oncoming vehicle and pedestrian traffic when waiting to proceed at a street corner or driveway. See also Safety Visibility Area.
M. Vehicle Towing/Impounding shall mean establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, including, but not limited to, vehicle storage and emergency road repair services (for vehicle dismantling, see Vehicle Wrecking/Dismantling.
N. Vehicle Washing & Detailing shall mean any business, indoor or outdoor, providing machinery or staffing for the cleaning, washing, or detailing of vehicles, buses, trucks, and similar vehicles as a primary use. Washing and detailing are allowed as an accessory use in conjunction with a vehicle and equipment services and repair use. This classification also includes self-service vehicle washing facilities that include all appropriate utility connections and drainage.
O. Vehicle Wrecking/Dismantling shall mean the dismantling or wrecking of used vehicles or trailers, or the storage and sale of dismantled or damaged vehicles or their parts, but does not include the incidental storage of damaged vehicles in connection with the operation of a repair garage.
P. Veterinary Hospitals shall mean an establishment providing medical and surgical treatment for domestic and small animals. This classification allows 24-hour accommodation of animals receiving medical services.
Q. Vocational/Trade School shall mean a postsecondary institution offering educational services which provide career training or lead to an occupation or job title; prepare students to take or pass a licensing examination or other qualifying test for employment; or which licenses persons in a particular profession, trade, or job category. This classification excludes programs that lead to a bachelor, master, or doctoral degree or that provide solely a vocational or recreational program, or programs sponsored by a business or professional organization solely for the benefit of its members.
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17.16.230 (W)
A. Warehousing shall mean the act of maintaining or operating a warehouse.
B. Wholesale Sales shall mean the sale of goods by an individual or firm, usually in large quantities and at lower prices, to another individual or firm for the purposes of resale; or a product for which no sales tax is paid by the purchaser.
17.16.240 (X)
A. Xeriscape shall mean a water conservation concept that stresses the use of the appropriate plant material and irrigation techniques which are well suited for the local microclimate. This concept incorporates native plants, selected hardscapes, and proper planting and irrigation techniques that improve the overall water efficiency of a landscape system.
17.16.250 (Y)
A. Yard. See Setback.
B. Yard Sales (Temporary Use) shall mean any sale of personal property to the general public occurring on private or public property; commonly referred to as “garage sales,” “yard sales,” “patio sales,” “rummage sales,” “estate sales,” and similar activities.
C. Year means a calendar year.
17.16.260 (Z)
A. Zero Lot Line shall mean the location of a structure on a lot in such a manner that one or more of the structure’s sides rest directly on a lot line.
B. Zone shall mean a portion of the territory of the City, exclusive of streets, alleys, and other public ways, within which certain uses of land, premises and structures are not allowed and within which certain yards and open spaces are required and certain height limits are established for structures, all as set forth and specified within this Ordinance.
C. Zoning Ordinance shall mean this document, approved by Ordinance No. 1603, and any subsequent amendments thereto.
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17.17 Rules of Measurement
For all calculations, the applicant shall be responsible for supplying drawings illustrating the measurements that apply to a project. These drawings shall be drawn to scale and of sufficient detail to allow easy verification upon inspection by the Review Authority.
17.17.010 Fractions
Whenever this Code requires consideration of distances, parking spaces, dwelling units, or other aspects of development or the physical environment expressed in numerical quantities, and the result of a calculation contains a fraction of a whole number, the results will be rounded as follows:
A. General Rounding. Fractions exceeding one-half or greater shall be rounded up to the nearest whole number and fractions equal to or less than one-half shall be rounded down to the nearest whole number, except as otherwise provided.
B. Exception for State Affordable Housing Density Bonus. The calculation of fractional number of bonus units related to projects eligible for bonus density pursuant to Government Code Section 65915 shall be rounded up to the next whole number pursuant to PMC 17.25.020 (Density Bonus Agreements).
17.17.020 Measuring Distances
A. Measurements are Shortest Distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two objects.
B. Distances are Measured Horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of structure, storage area, parking area, or other object. These distances are not measured by following the topography or slope of the land.
C. Measurements Involving a Structure. Measurements involving a structure are made to the closest support element of the structure. Structures or portions of structures that are entirely underground are not included in measuring required distances.
D. Measurement of Vehicle Stacking or Travel Areas. Measurement of a minimum travel distance for vehicles, such as garage entrance setbacks and stacking lane distances, are measured down the center of the vehicle travel area. For example, curving driveways and travel lanes are measured along the center arc of the driveway or traffic lane.
E. Measuring Radius. When a specified land use is required to be located a minimum distance from another land use, the minimum distance is measured in a straight line from all points along the lot line of the subject project, in all directions, unless otherwise specified in this Ordinance.
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Figure 17.17.020-1. Measuring Distances
17.17.030 Measuring Heights
A. Height Measurements. Height shall be measured as the vertical distance from finished grade at all points adjacent to the structure exterior to the highest point of the structure directly above (see Figure 17.17.030-1 Measuring Heights). For properties on a slope, the height of a structure shall be measured as the vertical distance from the average elevation of the finished grade to the highest point of the structure. The average elevation is determined by averaging the highest and lowest elevation points of the structure (see Figure 17.17.030-1 Measuring Heights)).
Figure 17.17.030-1 Measuring Heights
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B. Height of Structures. The height of each structure shall not exceed the height limit established for the applicable zone except as otherwise provided by this Section. Additional height limits are established for PMC Sections 17.82.020 (Accessory Structures), 17.86.030 (Outdoor Lighting),
17.86.040 (Walls and Fences), PMC Chapter 17.88 (Signs), and 17.95.010 (Communication/Wireless Telecommunications Facilities), and PMC Chapter 17.88 (Signs).
C. Height of Structure Exceptions. The overall structure height shall not exceed the maximum height standard of the zone, except that the following architectural features may project above the maximum height by five feet or as established by zone, by Review Authority approval, or as otherwise allowed by this Code:
1. Architectural features, including skylights, chimneys, steeples, spires, towers, cupolas, and similar unoccupied features as approved by the Director.
2. Elevators and stairways;
3. Solar roof panels and appurtenant equipment;
4. Antennas allowed without a discretionary permit, as identified by the FCC;
5. Other mechanical equipment usually required to be placed above the roof level and not intended for human occupancy or to be used for any commercial or advertising purpose (e.g., water tanks, air conditioning units); and,
6. Flagpoles and sculptures, provided that the same may be safely erected and maintained at such a height with respect to the surrounding conditions and circumstances.
D. Measuring the Number of Stories. In measuring the number of stories in a structure, the following rules shall apply:
1. An interior balcony or mezzanine shall be counted as a full story if its floor area exceeds one-half of the total area of the nearest full floor directly below it.
2. Subterranean stories do not count towards maximum number of stories except as noted. A subterranean story shall be counted as a story for the purposes of height measurement where any portion of a subterranean story has more than one-half of its height above grade.
3. A story shall not exceed 25 feet in height from the upper surface of the floor to the ceiling above.
E. Fence and Wall Height Measurement
1. Fence and wall height shall be measured as the vertical distance from the average ground level immediately adjacent to the fence or wall to the top edge of the fence, wall, or other screening device.
2. When there is a difference in the ground level between two adjoining parcels, the height of any wall or fence constructed along any property line shall be determined by using the level parcel line of the highest contiguous parcel. See Figure 17.17.030-2 Measurement of Fence and Wall Height on Parcels with Different Elevations).
3. An earthen berm or mound not taller than two feet may count toward required height of landscaping and screening.
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Figure 17.17.030-2 Measurement of Fence and Wall Height on Parcels with Different Elevations
F. Measuring the Height of Decks. Deck height is determined by measuring from the ground to the top of the floor of the deck directly above the ground below.
17.17.040 Lots and Setbacks
A. Lot Width. Lot width is the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
B. Lot Depth. Lot depth is the horizontal length of a straight line measured down from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line, exclusive of any landscape easement.
Figure 17.17.040-1. Measuring Lot Width and Depth
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C. Setbacks and Yards. The calculations of measurements related to setbacks and yards are defined in PMC Chapter 17.16 (Definitions).
17.17.050 Floor Area and Lot Coverage
A. Determining Floor Area. The floor area of a structure is the sum of the gross horizontal areas of all floors of a structure or other enclosed structures, measured from the outside perimeter of the interior walls.
1. Included in Floor Area. Floor area includes, but is not limited to, all habitable space (as defined in the California Building Code) that is below the roof and within the outer surface of the main walls of principal or accessory buildings. In the case of a multi-story structures that has covered or enclosed stairways, stairwells, or elevator shafts, the horizontal area of such features shall be counted only once at the floor level of their greatest area of horizontal extent.
2. Excluded from Floor Area. Floor area does not include mechanical, electrical, and communication equipment rooms that do not exceed two percent of the structures’ gross floor area; bay windows or other architectural projections where the vertical distance between the lowest surface of the projection and the finished floor is 30 inches or greater; areas that qualify as usable open space include, but are not limited to balconies and outdoor terraces; and subterranean floors submerged more than four feet below finished grade of the property. Also excluded are areas used for all off-street parking spaces or loading spaces, driveways, ramps between floors of a multi-level parking garage, and maneuvering aisles.
3. Non-Residential Uses. For non-residential uses, gross floor area includes pedestrian access interior walkways or corridors, interior courtyards, walkways, paseos, or corridors covered by a roof or skylight. Non-residential gross floor area does not include arcades, porticoes, and similar open areas that are located at or near street level and are accessible to the public but are not designed or used as sales, display, storage, service, or production areas.
B. Determining Floor Area Ratio. The floor area ratio (FAR) is the ratio of the floor area, excluding unenclosed and unroofed areas as described in PMC Section 17.17.050.C (Determining Lot Coverage), of all primary and accessory buildings to the site area. To calculate the FAR, gross floor area is divided by site area, and typically expressed as a decimal. For example, if the floor area of all buildings on a site totals 20,000 square feet, and the site area is 10,000 square feet, the FAR is expressed as 2.0. Excludes below-grade floor area.
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Figure 17.17.050-1. FAR
C. Determining Lot Coverage. Lot coverage is the ratio of the total footprint area of all structures on a lot to the net lot area, typically expressed as a percentage. The footprints of all principal and accessory structures, including garages, carports, covered patios, and roofed porches, shall be summed to calculate lot coverage. The following structures shall be excluded from the calculation:
1. Unenclosed and unroofed decks, patio slabs, porches, landings, and stairways less than four feet in height;
2. Eaves and roof overhangs projecting up to three feet from a wall;
3. Trellises, pergolas, and similar structures that have roofs that are at least 50 percent open to the sky through uniformly distributed openings and that are less than 400 square feet in size; and
4. Swimming pools and hot tubs that are not enclosed in roofed structures or decks.
Figure 17.17.050-2. Determining Lot Coverage
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17.17.060 Density
Density shall be calculated as the number of units per net acre of a given land area (project area, subdivision, parcel). In mixed-use projects, density is the number of housing units divided by the land area of the mixed-use development (that includes areas used for non-residential uses such retail space).
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Title 17. Zoning
Division 2. REVIEW PROCEDURES
Division 2. REVIEW PROCEDURES ........................................................................................................... 2-1
17.20 General Review Procedures ............................................................................................................ 2-3
17.20.010 Review Procedures ................................................................................................................. 2-3
17.20.020 Notification Procedures .......................................................................................................... 2-4
17.20.030 Pre-Application ....................................................................................................................... 2-7
17.20.040 Development Applications ..................................................................................................... 2-8
17.20.050 Time Limitations for Application Acceptance ......................................................................... 2-9
17.20.060 Denial of Incomplete Applications ......................................................................................... 2-9
17.20.070 Time Limits for Rendering Land Use Decisions ....................................................................... 2-9
17.20.080 Decisions by the Review Authority ....................................................................................... 2-10
17.20.090 Effective Date of Land Use Decisions ................................................................................... 2-10
17.20.100 Modifications to Land Use Approvals ................................................................................... 2-11
17.20.110 Appeal Procedures ............................................................................................................... 2-11
17.20.120 Time Limits and Extensions for Conditional Land Use Decisions .......................................... 2-12
17.20.130 Final Clearance ..................................................................................................................... 2-12
17.21 Site Plan Review ............................................................................................................................ 2-14
17.21.010 Purpose ................................................................................................................................. 2-14
17.21.020 Applicability .......................................................................................................................... 2-14
17.21.030 Application Procedure .......................................................................................................... 2-15
17.21.040 Review Authority .................................................................................................................. 2-16
17.21.050 Approval Requirements and Conditions ............................................................................... 2-16
17.21.060 Required Findings for Approval ............................................................................................ 2-16
17.21.070 Post Decision Procedures ..................................................................................................... 2-17
17.21.080 Time Limits and Extensions for Site Plan Review Decisions ................................................. 2-17
17.22 Conditional Use Permits ................................................................................................................ 2-18
17.22.010 Purpose ................................................................................................................................. 2-18
17.22.020 Applicability .......................................................................................................................... 2-18
17.22.030 Application Procedure .......................................................................................................... 2-18
17.22.040 Review Authority .................................................................................................................. 2-19
17.22.050 Approval Requirements and Conditions ............................................................................... 2-19 Palmdale Municipal Code Title 17
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17.22.060 Required Findings for Approval ............................................................................................ 2-20
17.22.070 Post Decision Procedures ..................................................................................................... 2-20
17.23 Variances and Minor Exceptions ................................................................................................... 2-22
17.23.010 Purpose ................................................................................................................................. 2-22
17.23.020 Applicability .......................................................................................................................... 2-22
17.23.030 Application Procedures ........................................................................................................ 2-25
17.23.040 Review Authority .................................................................................................................. 2-25
17.23.050 Approval Requirements and Conditions ............................................................................... 2-25
17.23.060 Required Findings for Approval ............................................................................................ 2-26
17.23.070 Post Decision Procedures ..................................................................................................... 2-26
17.24 Zoning/Land Use Administration ................................................................................................... 2-28
17.24.010 Zoning Map Changes ............................................................................................................ 2-28
17.24.020 Zoning Ordinance Amendments ........................................................................................... 2-29
17.24.030 General Plan Amendments ................................................................................................... 2-31
17.24.040 Determination on Unlisted Uses .......................................................................................... 2-32
17.25 Agreements ................................................................................................................................... 2-34
17.25.010 Development Agreements ................................................................................................... 2-34
17.25.020 Density Bonus Agreements .................................................................................................. 2-36
17.26 Administrative Approvals .............................................................................................................. 2-39
17.26.010 General Provisions ................................................................................................................ 2-39
17.26.020 Subdivision Development Plan Review ................................................................................ 2-39
17.26.030 Zoning Clearance Review...................................................................................................... 2-40
17.26.040 Minor Modifications to Approved Plans .............................................................................. 2-42
17.26.050 Minor Use Permit ................................................................................................................. 2-43
17.26.060 Home Occupation Clearance ................................................................................................ 2-47
17.26.070 Additional Animals Clearance ............................................................................................... 2-50
17.26.080 Requests for Reasonable Accommodation .......................................................................... 2-51
17.26.090 Minor Site Plan Review ......................................................................................................... 2-52
17.26.100 Temporary Use and Special Event Permits ........................................................................... 2-56
17.27 Comprehensive Development Plans ............................................................................................. 2-60
17.27.010 Purpose ................................................................................................................................. 2-60
17.27.020 Applicability .......................................................................................................................... 2-60
17.27.030 Application Procedures ........................................................................................................ 2-60
17.27.040 Specific Plan .......................................................................................................................... 2-61
17.27.050 Planned Development .......................................................................................................... 2-64 Palmdale Municipal Code Title 17
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17.28 Non-Conforming Uses, Structures and Parcels ............................................................................. 2-67
17.28.010 Purpose ................................................................................................................................. 2-67
17.28.020 Definitions ............................................................................................................................ 2-67
17.28.030 Restrictions on Non-Conforming Structures and Uses ......................................................... 2-67
17.28.040 Off-street Parking Deficiency................................................................................................ 2-68
17.28.050 Residential Exemptions ........................................................................................................ 2-68
17.28.060 Loss of Non-Conforming Status ............................................................................................ 2-69
17.28.070 Non-Conforming Parcel ........................................................................................................ 2-69
17.28.080 Non-Conformity Due to Lack of Conditional Use Permit ...................................................... 2-70
17.20 General Review Procedures
17.20.010 Review Procedures
A. Land use applications will be reviewed and approved pursuant to the following procedures:
1. Public hearing by the City Council or Planning Commission. At a public hearing by the City Council or Planning Commission when required by law. The Review Authority shall invite public testimony, review evidence, and render a decision; or,
2. Administrative Review by the Director. Administrative Review by the Director applies to applications where land use decisions are made based upon standards that have been adopted by the City as law or policy or ministerial review required by State statute. The Review Authority may render a land use decision without giving notice to surrounding property owners and other parties. Review procedures for each application type are specified in PMC Chapter 17.21 (Site Plan Review) through PMC Chapter 17.27 (Comprehensive Development Plans).
B. For all hearings conducted by the City pursuant to these review procedures, the City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing pursuant to PMC Section 2.08.090 (XX) unless otherwise noted.
C. Review Authority and the procedures for each approval type are summarized in PMC Table
17.20.010-1 (Review Authority), below.
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Table 17.20.010-1. Review Authority
Type of Action Code Chapter/
Section Director Planning
Commission City Council
Administrative Approvals
Subdivision Development Plan Review
Zoning Clearance Review
Minor Modifications to Approved Plans
Minor Use Permit
Home Occupation Clearance
Additional Animals Clearance
Requests for Reasonable Accommodations
Minor Site Plan Review
Special Event Permit
Temporary Use Permit
17.26.020
17.26.030
17.26.040
17.26.050
17.26.060
17.26.070
17.26.080
17.26.090
17.26.100
17.26.100
Decision
Appeal
Appeal
Conditional Use Permit 17.22 Recommend Decision Appeal
Density Bonus Agreements 17.25.020 Recommend N/A Decision Determination on Unlisted Uses 17.24.040 Decision Appeal Appeal Development Agreements 17.25.010 Recommend Recommend Decision General Plan Amendments 17.24.030 Recommend Recommend Decision Minor Exceptions 17.23 Decision Appeal Appeal
Planned Development 17.27.050 Recommend Recommend Decision Site Plan Review 17.21 Decision Appeal Appeal
Specific Plan 17.27.040 Recommend Recommend Decision
Time Limits and Extensions for Conditional
Land Use Decisions
17.20.120.B Decision Appeal Appeal
Variances 17.23 Recommend Decision Appeal
Zoning Map Changes 17.24.010 Recommend Recommend Decision Zoning Ordinance Amendments 17.24.020 Recommend Recommend Decision
17.20.020 Notification Procedures
A. Public Notice Sign of Submitted Application
1. Requirement for a Public Notice Sign. The Director may require that at the time an application requiring a public hearing has been filed and deemed complete, a public notice sign or signs be posted at the project site. The purpose of the sign notice requirement is to notify the community and the residents in the affected area of the proposed project. At a minimum, the sign shall be installed on the subject property a minimum of 10 days prior to Palmdale Municipal Code Title 17
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the day of the public hearing, and shall state the application file number, a description of the proposed use (including square footage), the area of the project site, the current zoning, the proposed zoning if applicable, and any other pertinent information needed to clearly convey the nature of the proposed project.
2. For projects with a street frontage of 500 linear feet or more, the Director may determine that more than one sign is necessary, e.g., one sign per street frontage if the project is located on a corner site. In determining the boundaries of an expanded notification area, the following criteria shall be used:
a. The expanded area may be directly affected by the proposed project due to proposed or established circulation, drainage patterns, view, grading, or other environmental or infrastructural conditions; or,
b. The expanded area is an integral part of the affected neighborhood or subdivision.
3. Sign Criteria and Maintenance. The following rules and standards apply to required public notice signs:
a. Sign Size and Specifications. All public notice sign(s) shall be four feet by eight feet in size and be constructed to the specifications of PMC Figure 17.20.020-1 (Installation Requirements for Public Notice Signs). The specific project information text on the sign shall be provided by the Department.
c. Location and Installation Standards. All public notice sign(s) shall be installed pursuant to the specifications of PMC Figure 17.20.020-1 (Installation Requirements for Public Notice Signs). The public notice sign shall not be installed within public right-of-way.
The location for the sign(s) on the project site shall be determined by the Director. d. Sign Removal and Maintenance. All public notice sign(s) shall be adequately maintained and remain in place until the final decision on the application has been made or the application has been withdrawn. All sign(s) shall be removed by the applicant within 14 days of the final decision or date of withdrawal. Failure to remove the sign within the prescribed period may result in removal and forfeiture of the sign to the City, with the cost of removal and storage to be paid by the applicant.
B. Notice of Land Use Decisions
1. General Provisions
a. Notice shall be given by first class mail or delivery to all surrounding property owners and occupants for land use decisions using the public hearing procedures as described in this Section.
b. Notice shall be given by first class mail or via email to any person who has filed a written request for the notice.
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Figure 17.20.020-1 Installation Requirements for Public Notice Signs
c. When the notification procedures for applications as specified in this Section allow decisions with limited notice, notice shall be given by first class mail or delivery to all contiguous property owners.
d. Notice shall be given in the case of a conversion of residential real property to a condominium project, community apartment project, or stock cooperative, pursuant to State law.
e. Notice may be given in the manner as required by State law or deemed necessary or desirable by the Department. The notice shall include information about the proposal, project site, hearing, environmental review process, and proposed findings pursuant to the California Environmental Quality Act (CEQA) Guidelines. Surrounding property, for the purposes of this Section, shall be defined as those properties that fall within a radius drawn from the nearest limits of the property that is the subject of the land use application, as follows:
i. If the subject property is 25 acres or less in size, all properties within a 500-foot radius shall be notified;
ii. If the subject property is 26 acres or greater in size, all properties within a 700-foot radius shall be notified; and,
iii. The Director may expand the surrounding property notice requirement if deemed necessary to include all properties potentially affected by the application. f. A one-eighth page display advertisement in a newspaper of general circulation within the City or a posting on the City’s webpage may be substituted for notice provided to individual property owners, whenever the individual notice would require notification of 1,000 or more property owners.
2. Public Hearing Notification. At least 10 days before a public hearing on a land use decision, the Director shall provide notice of the time and place of the public hearing on the project to be given in the following manner:
a. Notice shall be published once in a newspaper of general circulation within the City if the newspaper has been legally adjudicated for this purpose.
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b. Notice shall be posted at least ten days prior to the public hearing in at least three public places.
c. The public notice sign(s) required pursuant to PMC Section 17.20.020.A shall indicate the public hearing date and shall be installed pursuant to PMC Figure 17.20.020-1 (Installation Requirements for Public Notice Signs) upon the subject parcel a minimum of 10 days prior to the hearing.
d. Additional public notification beyond the boundaries specified in PMC Section
17.20.020.B.1.f may be required for a project as determined by the Director in any one of the following circumstances:
i. The proposed project is an infill project which requires a General Plan Amendment; ii. The project is a proposed infill project which requires an Environment Impact Report (EIR); or,
iii. As determined to be necessary and desirable by the Director based on the nature of the proposed project.
e. If it is determined upon initial submittal that supplemental notification is necessary, the applicant shall be notified within 30 days, as part of the City’s Notice of Complete Application, of the expanded notification area , and shall be required to submit two sets of self-adhesive address labels based on equalized Los Angeles County Assessor’s rolls compiled within the subsequent six months for the expanded area. The application shall not be deemed complete until the labels have been submitted.
17.20.030 Pre-Application
A. The Department may request that an applicant submit materials for, and attend, an optional Pre-Application meeting with the Development Advisory Board (DAB) to review the project proposal prior to submitting an application. The purpose of this Pre-Application is to:
1. Acquaint the City with the intentions of the applicant;
2. Acquaint the applicant with any applicable policies and procedures applicable to the project;
3. Identify City Codes and improvement standards applicable to the proposal;
4. Identify any potential problems as early in the process as possible, especially on large and complex projects; and,
5. Identify any significant development opportunities and/or constraints on the site.
B. The submittal of a Pre-Application and Development Advisory Board meeting shall include an exchange of information concerning the entire area intended by the applicant to be developed, even if the project is intended to proceed in stages/phases, regardless of whether applications for review of the entire project area are made at the time of the initial application.
C. Submittal of a Pre-Application shall be made to the Department, and shall be accompanied by the appropriate fee as adopted by City Council resolution. The applicant shall submit project plans and/or other applicable materials, showing proposed land use types, areas, and locations.
The conceptual project plan and/or materials shall include sufficient information about the proposal to allow evaluation of the project issues identified in this Section.
D. The Pre-Application shall address, but not be limited to, the following subject matter:
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1. Subject site, size location, dimensions, and area; any existing improvements or projects on- site; existing General Plan and zoning designations;
2. Proposed uses for the parcel; type and placement of buildings, and other improvements;
3. Existing and proposed land uses and projects on adjacent parcels; any identified natural or man-made hazards on-site or the surrounding area;
4. Proposed circulation improvements include, but are not limited to access points and vehicular accessways, parking, loading, traffic calming measures, and pedestrian circulation; location, width, and existing and proposed improvements on adjacent roadways;
5. Type, location, and sizes of public improvements likely to be required to support the proposal, including utilities, sewer, water, and drainage, along with a plan for providing and maintaining improvements;
6. Location, amount, type, and method of maintenance for proposed open space and landscaped areas; and,
7. Estimated impacts on public services, including schools, parks, fire and police protection, and solid waste disposal.
17.20.040 Development Applications
A. Scope. Applications for all land use decisions shall be made at the Department on forms available from the Department. Each application for a land use decision shall be accompanied by the information and materials deemed necessary by the Department to render the requested land use decision. All applications shall comply with all applicable procedures of this Section and be consistent with the following:
1. Any application made pursuant to the provisions of this Ordinance may be initiated by the City Council, or by any person who has a legal interest in the property which is the subject of the application unless otherwise indicated in this Ordinance;
2. All land use decisions that are subject to CEQA, pursuant to Public Resources Code Section 21000 et seq, shall be reviewed by the Department;
3. When more than one land use decision is required for a single project, each applicable application type shall be filed concurrently, unless otherwise approved by the Director; and,
4. The Department shall prepare application forms and a list of required submittal materials for each application. The applications include an attached document called the Plan Preparation Guidelines which outline necessary information for the preparation of plans and supporting documents. Any application for a land use decision that does not meet the requirements set forth in the applicable guidelines may be deemed incomplete or not accepted for filing.
B. Application fees and deposits. Concurrent with the submittal of an application for development, all applicable fees and/or deposits shall be paid, in the amount determined by City Council resolution, to cover the cost incurred in the processing of each individual application(s).
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17.20.050 Time Limitations for Application Acceptance
The following time limits are established for accepting land use applications as complete, unless otherwise required or authorized by applicable law.
A. After the City has received an application for a project, the City shall determine, in writing, whether submitted application materials are complete and timely filed within the timeframes established by State law or City policy, and shall immediately transmit the determination to the applicant.
B. Upon receipt of any resubmittal of the application, a new review period shall begin during which the City shall determine the completeness of the application within the timeframes established by State law or City policy.
C. The Director and the applicant may mutually agree to a reasonable extension of these time limits, as allowed by State law.
17.20.060 Denial of Incomplete Applications
An application which has been deemed incomplete, and no further action to complete the application has been taken by the applicant for a period of 12 months from the date of the last incomplete letter, will be deemed automatically withdrawn and a new application shall be required.
17.20.070 Time Limits for Rendering Land Use Decisions
The following time limits are established for rendering land use decisions, unless otherwise required or authorized by applicable law.
A. Except for legislative acts of the City Council, the City shall render its decision on a land use application within the following time limits unless otherwise required or authorized by applicable law:
1. If a Negative Declaration is prepared, or if the project is exempt pursuant to the Public Resources Code, the project shall be approved or denied within the time limits set forth by California Government Code Section 65950, as amended from time to time, except as provided in PMC Section 17.20.070.A.3.
2. If an Environmental Impact Report (EIR) is prepared, the project shall be approved or denied within the time limits set forth by California Government Code Section 65950, as amended from time to time, except as provided in PMC Section 17.20.070.A.3.
3. Should compelling circumstances justify additional time to complete the environmental review process, an extension of time may be granted by the Department, if the applicant requests or consents to the extension, subject to the applicable provisions of State law and the City’s adopted CEQA Guidelines.
4. The Review Authority shall approve, conditionally approve, extend, or deny a tentative map within the legal time limits established by the Subdivision Map Act. These time limits or any other time limits for reporting and acting on maps as specified in the PMC Title 16 (Subdivisions) or any other applicable adopted ordinance, policy, or code, may be extended by mutual consent of the applicant and the Department. Upon consent of the applicant, a waiver of any of these time limits may be obtained for the purpose of allowing concurrent processing of related land use applications, or an environmental review on the same project or subdivision.
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B. When a land use application decision is contingent upon the approval of another application which requires legislative action which include, but are not limited to a General Plan Amendment or Zone Change, the time limits specified by this Section shall commence on the effective date of the last legislative action on which that land use application is contingent.
17.20.080 Decisions by the Review Authority
A. The Review Authority may refer a request for a land use decision to the Review Authority designated as the appeal body for that type of land use application, e.g., the Director may refer a decision on Site Plan Review to the Planning Commission. In these cases, a statement containing the reasons for referring the land use decisions shall be prepared by the referring Review Authority.
A.B. Prior to rendering a land use decision, the Review Authority shall address each of the required findings or criteria that apply to each individual application type as described in this Ordinance.
Evidence or testimony shall be given to substantiate the Review Authority’s determination on each of the findings applicable to the case being considered, and shall be specifically cited in the action taken by the Review Authority.
B.C. From time to time, development actions may be continued. Where the continuance is requested by the applicant, the City may require payment of fees as specified by City Council resolution, to reimburse costs reasonably borne for the continuance of the public hearing.
C.D. The Review Authority may take an action of denial without prejudice on a land use application.
This action shall allow the applicant to reapply for the same approval with a modified application immediately upon the effective date of the decision unless otherwise specified in this Ordinance.
D.E. In approving an application for a land use decision, the Review Authority may establish reasonable conditions for its approval that are found to be necessary to protect the public health, safety, and general welfare.
17.20.090 Effective Date of Land Use Decisions
A. Ordinances approving land use decisions shall become effective 30 days after adoption of the ordinance, unless otherwise specified within the ordinance.
B. Land use decisions made at a public hearing shall be effective on the 11th day after the decision date, except when the 10th such day is not a City business day. In this circumstance, the land use decision shall become effective on the second consecutive City business day following the 10th day.
C. Land use decisions made by administrative action shall become effective on the 11th day after the date of the written notice of the land use decision, except when the 10th such day is not a City business day. In this instance, the land use decision shall become effective on the second consecutive City business day following the 10th day.
D. Notwithstanding the provisions of this Section, land use decisions which are made contingent upon approval of a legislative action including, but not limited to, a General Plan Amendment or Zone Change, shall become effective on the date when the approval of the last application to which they are subject becomes effective.
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17.20.100 Modifications to Land Use Approvals
A. Minor modifications to the approved site plan or the conditions of approval for a project may be approved by the Director through an application for a Minor Modification, pursuant to PMC Section 17.26.040 (Minor Modifications to Approved Plans).
B. If the Director determines that the modification(s) may have significant impacts on the project site or surrounding properties, the Director may require submittal of an application and approval of a Major Modification to the original project approval, in which case, the review procedures for the requested modification(s) shall be the same as when the project was originally reviewed.
17.20.110 Appeal Procedures
A. Prior to its effective date, any land use decision made pursuant to the provisions of this Ordinance by a Review Authority other than the City Council, may be appealed by the applicant, a member of the City Council, or any other person as follows:
1. The Planning Commission shall consider appeals regarding land use decisions made by the Director.
2. The City Council shall consider appeals regarding land use decisions made by the Planning Commission, except as specified above.
B. Applications for an appeal of a land use decision, including an appeal filed by a member of the City Council, shall be made upon forms supplied by the Department. All such applications for appeals shall be submitted to the Department and shall be accompanied by a written statement of the grounds upon which the appeal is based. All applicable application fees, as established by City Council resolution, shall be paid at the time the appeal is filed.
C. An appeal of a land use decision shall be filed prior to the date on which the land use decision becomes effective, as specified in PMC Section 17.20.090 (Effective Date of Land Use Decisions).
A properly filed application for appeal stays proceedings in the matter appealed until a decision is rendered on the appeal.
D. Within 30 days of the acceptance of an application for an appeal of a land use decision (except as otherwise provided in the Subdivision Map Act), the Director shall establish a hearing date and shall give notice of the date, time and place of the hearing for an appeal of a land use decision (except where otherwise provided in the Subdivision Map Act) to the appellant, the applicant, and to any other party who has requested in writing to be so notified within the timeframe as established by State law or City policy. In addition, notice shall also be given in the same manner as notice was given for the land use decision being appealed pursuant to PMC Section 17.20.020 (Notification Procedures).
E. Any member of the City Council who appeals a land use decision made pursuant to the provisions of this Ordinance to the City Council shall abstain from participating as a member of the City Council in the appeal hearing and decision, but may provide written or oral testimony on the matter to the City Council in the same manner as, and in the time provided for, members of the general public.
F. Upon hearing the appeal, the appeal body shall consider the record and the additional evidence as may be offered and may affirm, reverse, or modify, in whole or in part, the order, requirements, decision, determination, interpretation or ruling being appealed, or may make or substitute the other or additional decision or determination as it may find warranted pursuant Palmdale Municipal Code Title 17
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to the provisions of this Ordinance, or other applicable adopted City ordinance, resolution, or standards. The appeal body is subject to all of the criteria and findings requirements imposed upon the original Review Authority, including the requirements for environmental review. The appeal body shall forthwith transmit a copy of the decision to the applicant, appellant and, in the case of a City Council decision, to the original Review Authority.
17.20.120 Time Limits and Extensions for Conditional Land Use Decisions Any conditional land use decision made pursuant to the provisions of this Ordinance shall be subject to the following time limitations:
A. Unless all conditions have been complied with and the occupancy, use, or division of land authorized by the land use decision has been inaugurated or been recorded within the time specified for each land use application type within this Ordinance, the land use decision shall become null and void. For the purposes of this Section, the term “inaugurated” shall mean that applicable Grading and/or Building Permits have been issued, and construction is initiated and ongoing.
B. Where circumstances warrant, the Review Authority may grant an extension of time. The length of the extension shall be determined by the Review Authority based on the limitation specified in this Division, but in no case shall a conditional land use decision be extended for a total approval period exceeding five years unless otherwise provided by State law. The Review Authority of an application for an extension of time of a previously approved project shall be the Director. However, the Director may refer the time extension request back to the original Review Authority. The Review Authority is authorized to update any existing conditions of approval or add new conditions of approval as needed so that the conditional land use approval will ensure the public health, safety, and welfare. All requests for a time extension shall be submitted prior to the expiration date within the timeframes established by State law or City policy, shall be diligently pursued by the applicant pursuant to PMC Section 17.20.060 (Denial of Incomplete Applications) and shall be reviewed by the City pursuant to PMC Section 17.20.050 (Time Limitations for Application Acceptance).
C. Public projects shall not be subject to a time limitation unless specific time limits are included within conditions placed upon project approval. When time limits are placed within the conditional approval of a public project, extensions of time may be granted whenever warranted, provided no single action is taken to grant an extension greater than 24 months.
17.20.130 Final Clearance
A. No building, structure, or land shall be used or occupied, and no change in the existing occupancy classification or existing use of a building, structure, land, or portion thereof, shall be made unless a Zoning Clearance application pursuant to PMC Section 17.26.030 (Zoning Clearance Review) is first obtained from the Department, in addition to other required approvals, inspections, and certificates.
B. New Buildings. Final clearance from the Department shall be granted only after the new buildings, enlargement, or alteration have been completed in conformity with the provisions of this Ordinance and with any approved architectural or civil plans and required conditions, and when the proposed use conforms to this Ordinance and any other applicable adopted City codes, resolutions, ordinances, or standards.
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C. Existing Buildings and Undeveloped Land. Except as provided in PMC Chapter 17.28 (Non- Conforming Uses, Structures and Parcels), final clearance from the Department shall be granted for the re-use of an existing building or the use of undeveloped land only after the improvements to the building or land conform to the property development standards of this Ordinance and other applicable City ordinances, resolutions, codes, or standards. The standards may include the provision of required walls, landscaping, parking, trash enclosures, street improvements, and all other improvements determined by the Review Authority to be necessary or required by any regulating authority for the particular use.
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17.21 Site Plan Review
17.21.010 Purpose
This Chapter establishes a Site Plan Review process by which certain types of projects and structures are subject to an administrative review and approval process before the Review Authority, to ensure that the site plan, building layout, size, shape, scale, mass, height, architectural design, architectural components, materials, colors, landscaping, and other aspects of the project are compatible with the surrounding area, are appropriate for the site, achieve the highest level of design that is feasible for the project, and is consistent with codified objective criteria. The City intends to use this Site Plan Review process to improve the aesthetic character of the community, preserve and enhance property values, protect adjacent properties from adverse impacts caused by projects, assist applicants to be more cognizant of public concerns for the aesthetics of projects, and facilitate a community that is safe, functional, and attractive.
17.21.020 Applicability
A. No person shall undertake, conduct, or use, or cause to be undertaken, conducted, or used, any project(s) which requires Site Plan Review, without having first complied with the provisions of this Chapter.
B. The following shall require approval of a Site Plan Review, unless otherwise specified:
1. Any new construction of a commercial, mixed-use, industrial, or civic structure (including public and quasi-public facilities), except as otherwise specified in this Chapter;
2. Multi-family residential projects of 10 units or greater;
3. New applications for additions to pre-existing multi-family residential, commercial, mixed- use, industrial, or civic structures which have been previously legally established and which are allowed in the applicable zone, which do not qualify as a Minor Modification as specified within PMC Section 17.26.040 (Minor Modifications to Approved Plans) or a Minor Site Plan Review as specified within PMC Section 17.26.090 (Minor Site Plan Review).
C. Exemptions. The following shall be exempt from Site Plan Review requirements, but are still subject to approvals from the Department and other agencies, including Zoning Clearance Review pursuant to PMC Section 17.26.030 (Zoning Clearance Review) and bBuilding pPermits, as required in this Division:
1. Interior remodels;
2. Alterations to building exteriors, drainage patterns, parking, traffic, easements, which do not result in greater impacts on infrastructure and public services, as determined by the Director;
3. Repair and maintenance of structures or parking areas, unless constrained by existing infrastructure and existing drainage patterns and/or easements;
4. Reductions of floor or building area within a previously approved Site Plan Review where it is determined that the modification would not result in a significant change in circumstances requiring additional environmental or planning review; and,
5. Single-family residential development (one residence per parcel) and duplex development (two residences per parcel) on existing lots of record.
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D. Pre-Existing Structures. Any structure existing on the effective date of this Ordinance which was allowed subject to an approved Site Plan Review shall be deemed a pre-existing structure. The structure may continue pursuant to this Ordinance, provided that the site is operated and maintained pursuant to the conditions prescribed at the time of its establishment, if any. Any expansion, alteration, or reconstruction of a structure with a previously approved Site Plan Review, which has become non-conforming due to adoption of this Ordinance or any subsequent amendments thereto, shall comply with PMC Chapter 17.28 (Non-Conforming Uses, Structures and Parcels) regulating non-conforming structures until the structure is brought into conformance with this Ordinance. Any structure existing on the effective date which would require approval of a Site Plan Review to be established in that zone, but for which the approval has not been obtained, shall be deemed a non-conforming structure and regulated by PMC Chapter 17.28 (Non-Conforming Uses, Structures and Parcels).
17.21.030 Application Procedure
A. Pre-Application. A Pre-Application with the DAB, City staff, and interested agencies may be conducted pursuant to PMC Section 17.20.030 (Pre-Application).
B. Formal Application Submittal
1. After submittal of a Pre-Application and a DAB meeting has been held, when applicable, the applicant shall prepare a comprehensive site plan and complete the required application forms supplied by the Department. The applicant shall file said plans and application with the Department, along with all applicable fees as adopted by City Council resolution.
Information requested on the application form and other processing requirements including, but not limited to, the number of copies requested, maps, graphics, or informational reports and studies, shall be determined by the Department.
2. The applicant may be required to clarify, correct, or supply additional information before the application is determined by the City to be complete. Upon making the determination as to whether the application conforms to these standards, the City will notify the applicant in writing when the application has been accepted, or whether the application has been deemed incomplete, within the time limitations outlined in PMC Section 17.20.050 (Time Limitations for Application Acceptance).
C. Site Plan. The application shall be accompanied by the required number of site plans, drawn at a scale approved by the Department, on standard sheets of 24 inches by 36 inches. The site plans shall indicate the location of all known and proposed easements and improvements; structures and improvements proposed to be demolished, relocated, or constructed; and all other pertinent information that can be graphically depicted on the plan, as specified in the checklist provided by the Department.
D. Drawings and Architectural Elevations. When required by the Department, drawings and architectural elevations shall be submitted in addition to those accompanying the site plan which shall include, but not be limited to, the following:
1. Roof overhangs and any other parts of the structures that protrude from the building surfaces;
2. Details indicating rooftop screening materials, methods, and a view analysis of proposed screening, when required;
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4. Architectural elevations showing the general appearance, features and heights of proposed structures shall be submitted, as required on the application checklist.
17.21.040 Review Authority
All applications for Site Plan Review or a Major Revision of a Site Plan Review pursuant to PMC Section
17.21.070.A.2, shall be reviewed and determined by the Director following the procedures for Administrative Review, pursuant to PMC Section 17.20.010.A.2, except as otherwise provided by PMC Section 17.20.080 (Decisions by Review Authority).
17.21.050 Approval Requirements and Conditions
A. Site Plan Review approval only applies to the property for which the application was made, and shall apply to that property as long as the development for which approval was granted is in effect, regardless of changes in ownership or occupancy.
B. The following Conditions of Approval may be placed upon the project by the Review Authority:
1. Dedications and/or easements for streets, alleys, drainage, public utilities, recreational trails, flood control, and other rights-of-way determined essential to the orderly development of the site and abutting properties.
2. On- and off-site improvements including, but not limited to, the following:
a. Grading, drainage, and drainage structures necessary to protect the public safety; b. Curbs and gutters, street pavement, sidewalks, street lights and traffic control devices, and bus turnouts and shelters; all road improvements are to be constructed pursuant to plans and specifications of the City’s Engineering Design Standards; c. Adequate water service and fire protection equipment, pursuant to plans and specifications of the serving water purveyor and Los Angeles County Fire Department; d. Sanitary sewer facilities and connections;
e. Services from public utilities, where provided;
f. Street trees and landscaping, pursuant to the plans and specifications of the City’s Landscaping Design Standards;
g. On-site landscaping, walls and/or fences, trash enclosures, and lighting fixtures; h. Pedestrian walkways and site amenities, including seating and other fixtures, where appropriate; and,
i. In addition to the above requirements, the Review Authority shall require additional improvements and facilities as determined reasonably necessary for the proper development of the site and the area.
17.21.060 Required Findings for Approval
No application for Site Plan Review shall be approved by the Review Authority unless the design and layout of the proposed project or structures, in its final submitted form, or as conditioned, meets all of the following criteria, and the development is consistent with:
A. The City’s General Plan and any applicable Specific Plan; B. The development standards set forth in this Ordinance; and, C. Any applicable design guidelines.
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17.21.070 Post Decision Procedures
A. Appeal. A decision made by the Review Authority on a Site Plan Review may be appealed, pursuant to the provisions of PMC Section 17.20.110 (Appeal Procedures).
B. Revisions and Modifications. Revisions or modifications of an approved Site Plan Review can be requested by the applicant.
1. Minor Revisions. A revision or modification to an approved Site Plan Review includes, but is not limited to, minor changes in the site design, parking or building placement, which will not increase or change the intensity of the site, may be acted on by the Director upon submittal of an application, required materials and applicable fees for Minor Modification, pursuant to PMC Section 17.26.040 (Minor Modifications to Approved Plans).
2. Major Revisions. A major revision or modification to an approved Site Plan Review that does not qualify for a Minor Modification as described within PMC Section 17.26.040.B and which includes, but is not limited to, expansions, intensification, or reconfiguration of site access/circulation, may be requested by the applicant. This request shall be processed through the submittal of a Major Modification or new Site Plan Review application, pursuant to the provisions contained in this Ordinance.
C. New Applications Following Denial. Following the denial of an application for a Site Plan Review, no application for a Site Plan Review for the same or substantially the same project and design on the same or substantially the same site shall be filed within one year from the date of denial.
17.21.080 Time Limits and Extensions for Site Plan Review Decisions One or more extensions of time, not to exceed a total of 24 months from the original expiration date, may be granted pursuant to PMC Section 17.20.120 (Time Limits and Extensions for Conditional Land Use Decisions).
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17.22 Conditional Use Permits
17.22.010 Purpose
The purpose of a Conditional Use Permit is to allow certain uses that contribute to the orderly growth and development of the City to be properly integrated into the surroundings in which they are to be located. The Conditional Use Permit process is intended to provide an opportunity for public review and evaluation of site specific requirements and characteristics, to provide adequate mitigation of any potentially adverse impacts, and to ensure that all site development standards and performance standards are provided pursuant to this Ordinance. In addition, the Conditional Use Permit ensures ongoing compliance with conditions of operation which may be applied to the use in order to protect public health, safety, and welfare, and to ensure compliance with the goals, objectives, and policies of the General Plan.
17.22.020 Applicability
A. No person shall undertake, conduct, or use, or cause to be undertaken, conducted, or used, any projects which require a Conditional Use Permit, without having first complied with the provisions of this Division.
B. Uses listed in the land use permissions tables, as “Uses Permitted Subject to Approval of a Conditional Use Permit” may be allowed in the applicable zone pursuant to the provisions of this Chapter.
C. Pre-existing Use. Any use existing on the effective date of this Ordinance which was allowed subject to an approved Conditional Use Permit shall be deemed a pre-existing use. The use may continue pursuant to this Ordinance, provided that the use is operated and maintained pursuant to the conditions prescribed at the time of its establishment, if any. Any expansion of the use with a previously approved Conditional Use Permit, which has become non-conforming due to the adoption of this Ordinance or any subsequent amendments thereto shall comply with PMC Chapter 17.28 (Non-Conforming Uses, Structures and Parcels) regulating non-conforming uses until the use is brought into conformance with this Ordinance. Any use existing on the effective date of this Ordinance which would require approval of a Conditional Use Permit to be established in that zone, but for which the approval has not been obtained, shall be deemed a non-conforming use and regulated by PMC Chapter 17.28 (Non-Conforming Uses, Structures and Parcels).
17.22.030 Application Procedures
A. Pre-Application. Submittal of a Pre-Application, and meeting with City staff and interested agencies through a DAB meeting, may be conducted pursuant to PMC Section 17.20.030 (Pre- Application).
B. Formal Application Submittal
1. After submittal of a Pre-Application and a DAB meeting has been held, when applicable, the applicant shall prepare a comprehensive floor plan and complete the required application forms supplied by the City. The applicant shall file said plans and application with the Department, along with all applicable fees as adopted by City Council resolution.
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including but not limited to, the number of copies requested, maps, graphics or informational reports and studies, shall be determined by the Department.
2. The applicant may be required to clarify, correct, or supply additional information before the application is determined by the City to be complete. Upon making the determination as to whether the application conforms to these standards, the City will notify the applicant in writing when the application has been accepted, or whether the application has been deemed incomplete, within the time limitations outlined in PMC Section 17.20.050 (Time Limitations for Application Acceptance).
C. Plans. The application shall be accompanied by the required number of floorplans, drawn at a scale approved by the Department, on standard sheets of 24 inches by 36 inches. The plans shall indicate all information as specified in the checklist provided by the Department.
D. Other Pertinent Information, As Required. Where deemed necessary by the Department to complete the City’s review and evaluation of the proposed use, additional information may be required regarding ongoing use of the site, including but not limited to, hours of operation, number of employees, provisions for on- or off-site security, and other similar conditions of operation.
17.22.040 Review Authority
The Planning Commission shall review and approve with conditions, or deny requests for Conditional Use Permits, or review and approve Modifications to a Conditional Use at a public hearing, pursuant to PMC Section 17.20.020 (Notification Procedures).
17.22.050 Approval Requirements and Conditions
A. Conditional Use Permit approval shall only apply to the property for which the application was made, and shall apply to that property as long as the use for which approval was granted is in effect, regardless of changes in ownership.
B. In granting any Conditional Use Permit, the Review Authority may affix those conditions which it deems necessary in order to safeguard the public health, safety, and general welfare of the zone and to ensure compliance with the goals, policies, and objectives of the General Plan. Where the use is proposed, the adjacent land uses, environmental significance or limitations, topography, or traffic circulation is found to so require, the Review Authority may establish more stringent regulations than those otherwise specified for the zone in which the project is located.
C. The following requirements for the regulation of uses and operations on the site may be placed upon the development project by the Reviewing Authority as Conditions of Approval:
1. Regulation of use;
2. Regulation of time for certain activities;
3. Duration of use;
4. Regulation of noise, vibration, odors, and lights;
5. Maintenance of special setbacks, spaces, and buffer areas;
6. Regulation of points of vehicular ingress and egress;
7. Regulation of signs;
8. Required landscaping and site maintenance; and,
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9. Any other conditions to ensure the possible use of the site and surrounding area in an orderly and efficient manner, and in conformity with the intent and purposes of this Ordinance.
17.22.060 Required Findings for Approval
The Review Authority will determine the merits of the proposed Conditional Use Permit, and its compliance with the principles, standards, policies, and goals of the General Plan, this Ordinance and other applicable ordinances and codes adopted by the City, in order to protect the public health, safety, and general welfare. Approval shall be based upon the following minimum criteria, which shall also constitute the findings to be made by the Review Authority in approving or denying a Conditional Use Permit:
A. The proposed use is consistent with the goals, policies, and objectives of the General Plan; B. The proposed use is beneficial and desirous to the community and is consistent with the purpose, intent and standards of this Ordinance and other applicable ordinances and codes adopted by the City;
C. The proposed use and the ongoing operation of the use will not have a substantial adverse effect on abutting property or the allowed use thereof, and will not generate excessive noise, vibration, traffic, or other disturbances, nuisances, or hazards; and, D. The site for the proposed use has adequate pedestrian and vehicular access.
17.22.070 Post Decision Procedures
A. Appeal. Prior to its effective date, any decision made on a Conditional Use Permit may be appealed to the City Council, pursuant to the provisions of PMC Section 17.20.110 (Appeal Procedures).
B. Revisions and Modifications. Revisions or modifications of Conditional Use Permits can be requested by the applicant pursuant to the procedures and criteria specified below.
1. Minor Revisions. A revision or modification to an approved Conditional Use Permit including, but not limited to, minor changes in operations, floor plan, etc., which will not increase or change the use or intensity of the site, may be acted on by the Director upon submittal of an application, required materials, and applicable fees for Minor Modification, pursuant to PMC Section 17.26.040 (Minor Modifications to Approved Plans).
2. Major Revisions. A major revision or modification to an approved Conditional Use Permit that does not qualify for a Minor Modification as described within PMC Section 17.26.040.B and which includes, but is not limited to, expansions or intensification of the use, may be requested by the applicant. The request shall be processed through the submittal of a Major Modification or new Conditional Use Permit application, as determined by the Director.
C. Revisions/Modification/Revocation by the Planning Commission. The Planning Commission may review, modify, or revoke a Conditional Use Permit as specified below.
1. The Planning Commission may review and examine, during a public hearing, any Conditional Use Permit to ensure that it is being operated in a manner that is consistent with the conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity.
2. Modification or Revocation by the Review Authority.
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a. After scheduling a date for a public hearing, the Director shall notify the applicant and owners of the Conditional Use Permit in question. Such notice shall be sent by certified mail and shall state that the Review Authority will be reviewing the Conditional Use Permit for possible modification or revocation. It shall also state the date, time, and place of hearing. The public hearing shall be conducted and noticed pursuant to PMC Section 17.20.020 (Notification Procedures).
b. The Director shall fully investigate the evidence and prepare a report for consideration by the Review Authority. Upon conclusion of the public hearing, the Review Authority shall render a decision to do one of the following measures:
i. Find that the conditional use is being conducted pursuant to the terms and conditions of the Conditional Use Permit and in an appropriate manner and that no action to modify or revoke is necessary;
ii. Find that the conditional use is not being conducted pursuant to the terms and conditions of the Conditional Use Permit or in an appropriate manner and that modifications to conditions are necessary; or,
iii. Find that the conditional use is not being conducted pursuant to the terms and conditions of the Conditional Use Permit or in an appropriate manner and that measures are not available to mitigate the impacts of the use; upon making this determination, the Review Authority may revoke the Conditional Use Permit and order the operation to cease and desist in the time allotted by the Review Authority.
3. If the Review Authority either modifies or revokes a Conditional Use Permit, the resolution shall state the reasons for the action.
D. New Applications Following Denial or Revocation. Following the denial or revocation of a Conditional Use Permit application, no application for a Conditional Use Permit for the same or substantially the same use at the same or substantially the same location shall be filed within one year from the date of denial or revocation.
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17.23 Variances and Minor Exceptions
17.23.010 Purpose
The purpose of a Variance or Minor Exception is to ensure that no property, because of special circumstances specifically related to its size, shape, topography, location, or surroundings, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone.
17.23.020 Applicability
A. In no case shall a Variance or Minor Exception be granted to allow a use other than a use allowed or conditionally allowed in the zone applicable to the property.
B. The Review Authority may grant Variances and Minor Exceptions from any property development standard including, but not limited to, setbacks, heights, lot coverage, etc., in this Ordinance, subject to the procedures set forth in this Division.
C. Minor Exceptions. The following modifications are subject to approval of a Minor Exception.
1. Fence Height. The maximum height of any fence, wall, hedge, or equivalent screening may be increased by a maximum of two feet, where topography or a difference in grade between abutting parcels warrants an increase in height to maintain a level of privacy, to maintain the effectiveness of screening, or to provide additional security when warranted, provided that the increased height does not encroach into the Vehicle Site Distance standards established in PMC Section 17.82.18.72.070 (Safety Visibility Area Restrictions) or otherwise impede the visibility of motorists.
2. Setbacks. The minimum setback may be decreased by not more than 10 percent where the proposed setback area is in character with the surrounding neighborhood and is not required as an essential open space or recreational amenity for the parcel, and where the decrease will not unreasonably affect abutting parcels. Notwithstanding the provisions of this paragraph, a Minor Exception may be granted to allow the reduction of a required side setback on a single-family residential lot by not more than five feet, if it can be determined that the tentative map in which the parcel is located was approved prior to the effective date of this Ordinance and that development patterns or conditions within the parcel or tract make a larger setback impractical.
3. Lot Coverage. The maximum lot coverage may be increased by not more than 10 percent of the parcel area, where an increase is necessary for improved site planning or architectural design, creation, or maintenance of views, or otherwise facilitate desirable features or amenities, and where the increase will not unreasonably affect abutting parcels.
4. Off-Site Parking. A maximum of 10 percent of the required parking for a use may be located on a contiguous parcel. Said parking shall not be located more than 300 feet walking distance from the structure entrance on the parcel of the use which the parking will serve, provided that the Director determines that the use will be served effectively, safely, and conveniently. For the purpose of this Section, contiguous shall mean sharing a common lot line and shall not include parcels, separated by public rights-of-way. The Review Authority shall require an agreement to ensure on-going availability and maintenance of off-site parking facilities, pursuant to PMC Section 17.87.0950.HA.2 (Non-Residential Uses)3.
5. On-Site Parking. A maximum 10 percent reduction in the required on-site parking spaces may be granted pursuant to PMC Section 17.87.030.C. The Review Authority may grant Palmdale Municipal Code Title 17
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reductions in the number of required parking spaces in accordance with an approved Transportation Demand Management program, pursuant to PMC Section 17.87.070.H (Transportation Demand Management (TDM) Programs)30.B.5, for provision of a bus turnout, pursuant to PMC Section 17.87.070.B (Bus Turnout)30.B.6, or if a maximum of 10 percent reduction if the use can demonstrate through submittal of studies and other materials that the amount of parking demand for the particular use is less than what is required by PMC Table 17.87.060-1 (Required Number of Vehicle Parking Spaces).
6. Minor Reconfiguration of Existing Parking. The Review Authority may authorize the minor reconfiguration of an existing parking lot in order to comply with the requirements of the Americans with Disabilities Act. The reconfiguration may include a maximum 10 percent reduction of the applicable on-site parking requirements when it is demonstrated that the reduction will not result in a traffic hazard.
7. Loading Facilities. A reduction in the number of required loading spaces may be granted by the Review Authority, based upon a finding supported by evidence that the space will not be needed by the use.
8. Height. The Review Authority may authorize a 10 percent increase in the maximum height limitation for structures, excluding signage. Such increases may be approved where necessary to significantly improve the site plan or architectural design, and where scenic views or solar access on surrounding properties are not affected.
9. On-Site Landscaping. The Review Authority may authorize a 10 percent decrease in the required on-site landscaping requirement, where it can be demonstrated that the reduction is necessary in order to provide for necessary public transportation and transit improvements including, but not limited to, bus turnouts and turning lanes; where site constraints preclude the relocation of such landscaping to another location; and where the overall appearance of the site will not be adversely affected.
10. Landscape Setback Area. The Review Authority may allow averaging of the required landscape setback area adjacent to Regional, Crosstown or Connector streets as designated by the General Plan, provided the following conditions are met:
a. The required on-site landscaping requirement is fully met; b. No more than 30 percent of the landscape setback area along the parcel frontage shall be reduced in width; and,
c. In no case shall the landscaped setback area be less than the 10 feet in width.
11. Mixed-Use Parking Reduction Study. A reduction in the quantity of on-site parking or loading facilities required for uses in the Mixed-Use Zones may be approved by the Director and City Engineer in consideration of any one of the following elements:
a. Availability and proximity of on-street parking and/or municipal parking lots. Striped on-street parking, unstriped but allowed on street parking, median parking, and parking within future municipal parking lots may be counted toward meeting a portion of the parking requirements, provided that the applicant can demonstrate the following to the satisfaction of the Director and City Engineer:
i. On-street public parking, which is underutilized during the peak hours of the proposed business operation, exists within 500 feet of the subject property; or, ii. Off-street municipal parking lots, which are underutilized during the peak hours of Palmdale Municipal Code Title 17
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the proposed business operation, exist within 500 feet of the subject property. b. Provision of transit shelters may qualify a proposed project for a parking credit of up to 10 percent toward the overall parking requirements listed in this Chapter, as determined by the City Engineer. Provision of bus benches or a bus turnout may also qualify a proposed project for a parking credit of up to five percent toward the overall parking requirements listed in this Chapter, as determined by the City Engineer; c. Provision of any three or more Pedestrian Amenities listed in PMC Section
17.75.030.A.7 may qualify a proposed project for a parking credit of up to five percent toward the overall parking requirements listed in this Ordinance; d. Any project which provides both transit and pedestrian amenities as described above may qualify for a cumulative parking credit of up to 15 percent. e. The Director and City Engineer will review and consider requests for reductions in the quantity of required parking or loading facilities for any use where the applicant can submit reliable and compelling evidence to demonstrate the adequacy of a lesser quantity of required parking or loading facilities. The evidence shall consist of a parking study or parking survey, prepared by a qualified individual and meeting appropriate technical standards as deemed necessary by the Director and the City Engineer; f. Joint use of loading zones may be incorporated into a Mixed-Use Parking Reduction Study. When considering a request for joint use of loading zones, the Review Authority shall consider the proximity of the loading zone to the uses being served, the nature of the uses being served, their demand for frequent or continuous loading and the nature of the goods being loaded;
g. Any change of use, change in combination of uses or change in location shall require application and approval of a new Mixed-Use Parking Reduction Study; and, h. Other deviations from development standards determined by the Director to be minor in nature, provided that the deviation does not exceed 10 percent of any required specification and no adverse effects will result from the deviation.
D. In calculating percentages specified in PMC Section 17.23.020.C, fractions shall be rounded down.
E. Variance. Any request to deviate from development standards required by this Ordinance which is not listed in PMC Section 17.23.020.C shall require submittal and review of a Variance.
Variance requests may include, but are not limited to, the following:
1. Fences, walls, and screening;
2. Site area, width, and depth;
3. Front, rear, and side setbacks;
4. Lot coverage;
5. Height of structures;
6. Landscaping;
7. Usable open space; and,
8. Parking facilities/requirements.
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F. Any Variance or Minor Exception granted shall be subject to the conditions which will assure that the authorized adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated.
17.23.030 Application Procedures
A. An application for a Variance or Minor Exception shall be filed with the Department, along with the required fee as established by City Council resolution. The signed application shall be made by the property owner, an authorized agent of the property owner or an applicant for which the property owner or authorized agent has granted approval for the submittal of the application.
B. An application for a Variance or Minor Exception shall be accompanied by all required materials and plans depicting the subject property as well as the surrounding area, and the scope of the proposed request. Plans of the subject property shall depict all existing and proposed buildings, uses, and any other data required by the Department to adequately review the application.
17.23.040 Review Authority
A. Minor Exceptions
1. The Review Authority for Minor Exception requests shall be the Director, based upon the findings contained in PMC Section 17.23.060.C, except that if the project requesting a Minor Exception requires additional applications which will be reviewed by the Director, Planning Commission, or City Council (e.g., Conditional Use Permit), the Review Authority shall approve the Minor Exception in conjunction with the project approval.
2. Prior to rendering a decision, the Director shall provide written notice to contiguous property owners of the requested Minor Exception, pursuant to PMC Section 17.20.020.B.
The notice shall contain a description of the type and location of the requested Minor Exception, the anticipated decision date, and shall allow a minimum period of 10 days for recipients of such notice to submit comments to the City. Upon the passage of the minimum 10-day comment period, the Director may render a decision.
B. Variances. The Planning Commission shall be authorized to review and make a decision on requests for Variances at a public hearing pursuant to PMC Section 17.20.010 (Review Procedures) and pursuant to the procedures in this Division.
17.23.050 Approval Requirements and Conditions
The following requirements may be placed upon a Variance or Minor Exception by the Review Authority as conditions of approval. All these conditions shall be binding upon the applicants, property owners, and their successors.
A. Requirements for special setbacks, open spaces, buffers, fences, walls, and screening; B. Requirements for installation and maintenance of landscaping, erosion control measures, and other improvements;
C. Requirements for street improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation;
D. Establishment of development schedules or time limits for performance, completion, or removal;
E. Requirements for periodic review by the Review Authority; and, Palmdale Municipal Code Title 17
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F. Any other such conditions as the Review Authority may deem reasonably necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Review Authority to make the findings required by PMC Section 17.23.060.C.
17.23.060 Required Findings for Approval
A. Minor Exception. The Director shall determine that the request satisfies the applicable requirements of PMC Section 17.23.020.C and the required findings contained in PMC Section
17.23.060.C and, if granted, is consistent with the General Plan and all applicable codes and ordinances.
B. Variance. The Planning Commission shall determine that the request satisfies the applicable requirements of PMC Section 17.23.020.E and the required findings contained in PMC Section
17.23.060.C and, if granted, is consistent with the General Plan and all applicable codes and ordinances.
C. Findings for Approval of a Variance or Minor Exception
1. There are special circumstances applicable to the property, so that the strict application of this Ordinance would deprive the property of privileges enjoyed by other properties in the vicinity and under the same zone;
2. The application is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the vicinity and under the same zone and denied to the property for which this approval is sought;
3. The application will not be materially detrimental to the public health, safety, or welfare, or injurious to the properties or improvements in the vicinity and under the same zone in which the property is located; and,
4. The application does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and in the same zone in which the property is located.
17.23.070 Post Decision Procedures
A. Appeal. Any decision made by the Review Authority on a Variance or Minor Exception may be appealed, pursuant to the provisions of PMC Section 17.20.110 (Appeal Procedures).
B. New Applications Following Denial or Revocation. Following the denial of a Variance or Minor Exception application, no application for the same or substantially the same application on the same or substantially the same parcel shall be filed within one year of the date of denial.
C. Voiding of Variances or Minor Exceptions
1. Except as otherwise provided in this Section, any Variance or Minor Exception granted pursuant to the provisions of this shall become null and void unless the construction authorized by said Variance or Minor Exception has been inaugurated within 36 months of the effective date of said Variance or Minor Exception, and pursued diligently to completion.
2. Where a Variance or Minor Exception request is granted concurrently with one or more other approvals, the Variance or Minor Exception shall be in effect for the time period allotted pursuant to the other land use approvals, not to exceed an initial period of 36 months.
3. Extension. Where circumstances beyond the control of the applicant cause delays which do not allow compliance with the time limits established in this Division, the Review Authority Palmdale Municipal Code Title 17
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may grant an extension of time for a period not to exceed 24 additional months except as provided herein. Where a Variance or Minor Exception request is granted concurrently with one or more approvals, an extension of the Minor Exception or Variance may be considered by the Review Authority concurrently with the time extension requests for the other approvals; however, in no event shall a Minor Exception or Variance be extended beyond the expiration date of any other land use approval on the parcel.
4. The Review Authority may void any Variance or Minor Exception for non-compliance with the conditions set forth in approving the Variance or Minor Exception following the procedures under which the Variance or Minor Exception was initially approved.
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17.24 Zoning/Land Use Administration
17.24.010 Zoning Map Changes
A. Purpose. Whenever the public necessity, convenience, general welfare, or the policies set forth in the General Plan justify this action, zoning boundaries on the Official Zoning Map may be amended through the procedures established in this Ordinance.
B. Applicability
1. A change in the boundaries of any zone on the Official Zoning Map may be initiated by filing an application for a Zone Change as prescribed in this Ordinance. If the property for which rezoning is proposed is under more than one ownership, all the owners or their authorized agents shall join in filing the application. If deemed appropriate by the City to expand the boundaries of any proposed Zone Change, notice shall be given to all property owners within the proposed expansion boundaries pursuant to the requirements of PMC Section
17.20.020 (Notification Procedures).
2. A change in the boundaries of any zone may be initiated by the City Council.
C. Review Authority. The Planning Commission shall review and recommend approval, approval with conditions, or deny an application for a Zone Change at a public hearing pursuant to PMC Section 17.20.020 (Notification Procedures) and shall forward a recommendation to the City Council.
D. Application Procedure
1. An application for a Zone Change shall be made on a form provided for that purpose by the Department, along with the required fee as established by City Council resolution.
2. An application for a Zone Change shall be filed concurrently with any other application(s) required for the project on the same property.
3. The Director may require additional information if deemed necessary to enable the Review Authority to determine whether the Zone Change is consistent with the standards of this Ordinance and the maps and policies of the General Plan.
E. Action by Planning Commission
1. The Planning Commission shall hold a public hearing on each application for a Zone Change.
The hearing shall be scheduled and notice given as prescribed in PMC Section 17.20.020 (Notification Procedures).
2. The Planning Commission shall determine whether the proposed Zone Change is consistent with the required findings for approval as set forth in PMC Section 17.24.010.GF, and if so, shall recommend to the City Council that the Zone Change be granted or granted in a modified form. If the Planning Commission determines that the proposed Zone Change does not meet the required findings for approval, the Planning Commission shall recommend denial to the City Council.
3. When the Planning Commission determines that a change to a zone other than the proposed zone specified in the hearing notice is desirable, the Planning Commission may recommend an alternate zone to the City Council.
F. Action by the City Council
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1. Upon recommendation of the Planning Commission on a proposed Zone Change, the City Council shall hold a public hearing. The hearing shall be scheduled and notice given as prescribed in PMC Section 17.20.020 (Notification Procedures).
2. Following the closing of a public hearing, the City Council may approve, modify, or deny the recommendation of the Planning Commission; provided that any modification of the proposed ordinance or amendmentZone Change by the City Council not previously considered by the Planning Commission during its hearing, shall first be referred to the Planning Commission for report and recommendation. Failure of the Planning Commission to report within 40 days after the reference, shall be deemed to be approval of the proposed modification by the City Council.
3. In approving a request for a Zone Change, the City Council shall make specific findings as specified within PMC Section 17.24.010.FG.
G. Required Findings for Approval. Approval of a Zone Change shall be based on the following findings:
1. The proposed Zone Change is consistent with the goals, policies, and objectives of the General Plan; and,
2. The proposed Zone Change will not have a substantial adverse effect on surrounding properties or the community in general.
H. Pre-Zoning
1. For the purpose of establishing zone boundaries to become effective only upon annexation, property outside the corporate boundaries of the City and within the City’s adopted sphere of influence may be classified within one or more zones following the procedures for a Zzone Cchange pursuant to PMC Section 17.24.010 (Zoning Map Changes).
2. Upon passage of an ordinance establishing the applicable pre-zoning designation for property outside the corporate boundaries of the City, the Official Zoning Map shall be revised to show the “pre-zoned” classification to become effective upon annexation. The Official Zoning Map shall also identify each zone or zones applicable to the property with the label of “PZ” in addition to such other zone designation as may be applicable.
I. Post Decision Procedures
1. New Application Following Denial. Following the denial of an application for a Zone Change, an application for the same or substantially the same change shall not be accepted within one year of the date of denial.
2. Updated Map. A Zone Change shall be indicated on the Official Zoning Map.
17.24.020 Zoning Ordinance Amendments
A. Purpose. These provisions are intended to provide the City Council with a procedure to amend this Ordinance when deemed necessary or appropriate to protect public health, safety, and welfare or to implement the goals, policies, and objectives of the General Plan.
B. Applicability
1. If property that is the subject of an application, is under more than one ownership, all of the owners or their authorized agents shall provide written acknowledgement of the submittal of the application.
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2. A Zoning Ordinance Amendment may be initiated by the City Council. An application for a Zoning Ordinance Amendment shall be filed concurrently with any other applicable application(s) required for a project on the same property.
C. Review Authority. The Planning Commission shall review and recommend approval, approval with conditions, or deny an application for a Zoning Ordinance Amendment at a public hearing pursuant to PMC Section 17.20.020 (Notification Procedures) and shall forward a recommendation to the City Council.
D. Application Procedure
1. An application shall be made on a form provided for that purpose by the Department, along with the required fee as established by City Council resolution.
2. The Director may require additional information as necessary to enable the Review Authority to determine whether the amendment is consistent with the goals, policies, and objectives of the General Plan.
E. Action by Planning Commission. The Planning Commission shall hold a public hearing on each application for a Zoning Ordinance Amendment. The hearing shall be scheduled and notice given as prescribed in PMC Section 17.20.020 (Notification Procedures). The Planning Commission shall determine whether the Zoning Ordinance Amendment is consistent with the required findings for approval pursuant to PMC Section 17.24.020.GF, and shall recommend to the City Council that the Zoning Ordinance Amendment be approved, approved as amended, or denied based upon said findings.
F. Action by City Council
1. Upon recommendation of the Planning Commission on a proposed Zoning Ordinance Amendment, the City Council shall hold a public hearing. The hearing shall be scheduled and notice given as prescribed in PMC Section 17.20.020 (Notification Procedures).
2. Following the closing of a public hearing, the City Council may approve, modify, or deny the recommendation of the Planning Commission; provided that any modification of the proposed ordinance or amendment by the City Council not previously considered by the Planning Commission during its hearing, shall first be referred to the Planning Commission for report and recommendation. Failure of the Planning Commission to report within 40 days after the reference, shall be deemed to be approval of the proposed modification by the City Council.
3.G. In approving a request for a Zoning Ordinance Amendment, the City Council make specific findings for approval as specified within PMC Section 17.24.020.F. Required Findings for Approval. Prior to taking an action to approve or recommend approval of a Zoning Ordinance Amendment, the Review Authority shall find as follows:
a.1. The proposed Zoning Ordinance Amendment conforms with the goals, objectives, and policies of the General Plan; and,
b.2. The proposed Zoning Ordinance Amendment is necessary to implement the General Plan and to provide for public safety, convenience, and/or general welfare.
G.H. Post Decision Procedures
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1. New Application Following Denial. Following the denial of an application for a Zoning Ordinance Amendment, an application for the same or substantially same amendment shall not be accepted within one year of the date of denial.
2. Updated Ordinance. A Zoning Ordinance Amendment adopted by the City Council shall be incorporated into this Ordinance, upon the effective date of the Zoning Ordinance Amendment.
17.24.030 General Plan Amendments
A. Purpose. Whenever the public necessity, convenience, general welfare, or the policies set forth in the General Plan justify this action, land use boundaries may be amended through the procedures established in this Ordinance.
B. Applicability
1. If property that is the subject of an application is under more than one ownership, all of the owners or their authorized agents shall provide written acknowledgement of the submittal of the application.
2. A change in the boundaries of any land use may be initiated by the City Council.
C. Review Authority. The Planning Commission shall review and recommend approval with conditions or deny an application for a General Plan Amendment at a public hearing pursuant to PMC Section 17.20.020 (Notification Procedures) and shall forward a recommendation to the City Council.
D. Application Procedure
1. An application for a change of land use shall be made on a form provided for that purpose by the Department, along with the required fee as established by City Council resolution.
2. An application for a General Plan Amendment shall be filed concurrently with any other application(s) required for the project on the same property.
3. The Director may require additional information if deemed necessary to enable the Planning Commission and City Council to determine whether the General Plan Amendment is consistent with the goals, policies, and objectives of the General Plan.
E. Action by Planning Commission
1. The Planning Commission shall hold a public hearing on each application for a General Plan Amendment. The hearing shall be scheduled and notice given as prescribed in PMC Section
17.20.020 (Notification Procedures).
2. The Planning Commission shall determine whether the proposed General Plan Amendment is consistent with the required findings for approval as set forth in PMC Section
17.24.030.GF, and, if so, shall recommend to the City Council that the General Plan Amendment be granted or granted in a modified form. If the Planning Commission determines that the proposed change does not meet the required findings for approval, the Planning Commission shall deny the application and their action is final, unless the matter is scheduled for hearing pursuant to PMC Section 17.20.110 (Appeal Procedures) and California Government Code Section 65856.
3. When the Planning Commission determines, following a public hearing on a proposed land use, that a change to a land use other than the proposed classification specified in the hearing notice is desirable, the Planning Commission may recommend an alternate Palmdale Municipal Code Title 17
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classification. The Planning Commission shall determine that the recommended alternative is more appropriate for the subject property and is consistent with the General Plan.
F. Action by City Council
1. Upon recommendation of the Planning Commission to approve a proposed General Plan Amendment, the City Council shall hold a public hearing. The hearing shall be scheduled and notice given as prescribed in PMC Section 17.20.020 (Notification Procedures).
2. Following the closing of a public hearing, the City Council shall determine if the General Plan Amendment is consistent with the findings as specified within PMC Section
17.24.030.G and may approve, modify, or deny the recommendation of the Planning Commission.
G. Required Findings for Approval. Prior to taking action to approve or recommend approval of a General Plan Amendment, the Review Authority shall find as follows:
1. The proposed change in land use is consistent with State law; and,
2. The amendment is reasonable and beneficial.
H. Post Decision Procedures
1. New Application Following Denial. Following the denial of an application for a General Plan Amendment, an application for the same or substantially the same change shall not be accepted within one year of the date of denial.
2. Updated Map. A change in land use shall be indicated on the General Plan Land Use Map.
17.24.040 Determination on Unlisted Uses
A. Purpose. The procedures contained in this Section allow the Director to determine whether a use not specifically listed as a use that is principally or conditionally allowed in a particular zone of the City, should be allowed based upon a similarity to uses already listed.
B. Applicability
1. Where the term “similar uses allowed by Director determination” is mentioned within any zone, it shall be deemed to mean other uses which, in the judgment of the Director as evidenced by a written decision, are similar to and not more objectionable to the general welfare than those uses specifically listed in the same zone.
2. In no instance shall the Review Authority make a determination on a use for which the characteristics of the use is more intensive than the uses allowed within the applicable underlying zone.
3. The Zoning Ordinance Amendment procedures outlined within PMC Section 17.24.020 (Zoning Ordinance Amendments) shall be utilized to add new uses to the list of principally or conditionally allowed uses on a case-by-case basis.
C. Application Procedure
1. Application for a Determination on an Unlisted Use shall be made in writing to the Director and shall include a detailed description of the proposed use and other information as may be required to facilitate review of the request, along with the required fee as established by City Council resolution.
2. Action by Review Authority. The Director shall consider the following prior to taking action on an application:
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a. Comparison of the proposed use to the type and intensity of other uses principally or conditionally allowed in the same zone;
b. Evaluation of the purpose and intent of the applicable zone; and, c. The applicable goals, policies, and objectives of the General Plan.
D. Review Authority
1. The Review Authority for use determination requests will shall be the Director, pursuant to PMC Section 17.20.080 (Decisions by the Review Authority).
2. The Director may refer a determination on an unlisted use to the Planning Commission, pursuant to PMC Section 17.20.080 (Decisions by the Review Authority).
E. Required Findings for Approval. The Director shall base the decision upon the following findings:
1. The use is of a similar type and intensity to other principally or conditionally allowed uses in the same zone;
2. The use meets the purpose and intent of the zone in which it is proposed; and,
3. The use meets and conforms to the applicable goal, policies, and objectives of the General Plan.
F. Post Decision Procedures
1. New Application Following Denial. Following the denial of an application for a Determination on an Unlisted Use, an application for the same or substantially the same change shall not be accepted within one year from the date of denial.
2. Appeal. The Director’s determination regarding conformance of a use to a zone may be appealed, pursuant to PMC Section 17.20.110 (Appeal Procedures).
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17.25 Agreements
17.25.010 Development Agreements
A. Purpose. This Ordinance provides procedures and requirements for the consideration of Development Agreements for the purposes specified in and as authorized by Section 65864 et. seq. of the California Government Code.
B. Applicability. Under certain circumstances, Development Agreements are appropriate tools to strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty, and through corresponding assurances by the developers, reduce the economic costs of development to the City, allow for the orderly planning of public improvements and services, and assure, to the extent feasible, the City’s goals are achieved.
C. Review Authority. The Planning Commission shall review an application for a Development Agreement at a public hearing pursuant to PMC Section 17.20.020 (Notification Procedures) and shall forward a recommendation, which may include amendments, to the City Council.
D. Application Procedure
1. Only a qualified applicant may file an application for a Development Agreement. For the purposes of this Chapter, a qualified applicant is a person who has a legal or equitable interest in the real property which is the subject of the Development Agreement, or an authorized agent of a person who has a legal or equitable interest. The Director may require an applicant to submit a title report or other evidence satisfactory to the Director to verify the applicant’s interest in the real property and of the authority of the agent to act for the applicant.
2. An application for a Development Agreement shall be made on a form provided for that purpose by the Department, along with the required fee and deposit established by City Council resolution.
3. An application for a Development Agreement mayshall be filed concurrently with any other application(s) required for the project on the same property.
4. A draft of the proposed Development Agreement shall may be submitted along with the application. The agreement shall be in a form acceptable to the City Attorney. If deemed appropriate, the City Attorney may draft the initial agreement for review by the parties thereto.
5. The Director may require additional information if deemed necessary to determine whether the Development Agreement is consistent with the goals, policies, and objectives of the General Plan or any applicable Specific Plan.
E. Action by Planning Commission
1. The Planning Commission shall hold a public hearing on an application for a Development Agreement. The hearing shall be scheduled and notice given as prescribed in PMC Section
17.20.020 (Notification Procedures).
2. The Planning Commission shall determine whether the Development Agreement is consistent with the required findings for approval as contained in PMC Section 17.25.010.F and shall recommend to the City Council that the Development Agreement be approved, approved as amended, or denied.
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F. Action by City Council
1. Upon receiving a recommendation from the Planning Commission on a proposed Development Agreement, the City Council shall hold a public hearing. The hearing shall be scheduled and notice given as prescribed in PMC Section 17.20.020 (Notification Procedures).
2. Following the closing of a public hearing, the City Council shall determine if the Development Agreement is consistent with the findings as specified within PMC Section
17.25.010.FG and may approve, modify, or deny the recommendation of the Planning Commission.
G. Required Findings for Approval. Prior to taking an action to approve or recommend approval of a Development Agreement, the Review Authority shall find as follows:
1. The proposed Development Agreement conforms with the maps and policies of the General Plan or any applicable Specific Plan;
2. The proposed Development Agreement complies with the requirements of California Government Code Sections 65865 through 65869.5;
3. The proposed Development Agreement will not be detrimental to or cause adverse effects to adjacent property owners, residents, or the general public; and,
4. The proposed Development Agreement provides benefit to the City.
H. Ongoing Review. The City shall review the development agreement every 12 months from the date the agreement is entered into as follows:
1. The Director shall begin the review proceedings by giving notice to the property owner that the City intends to undertake a periodic review of the development agreement. The Director shall give the notice at least 30 days before the date when the matter shall be considered by the Council.
2. The City Council shall receive the Director’s report at a regularly scheduled City Council meeting. A public hearing may be held but is not required. At the meeting, the property owner shall demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property owner. If a public hearing is held, notice of the hearing shall be given pursuant to PMC Section 17.20.020 (Notification Procedures).
3. The City Council shall determine whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement.
4. If the City Council finds and determines that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded. If the City Council finds and determines that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the City Council shall order the property owner to cure the default within 60 days. If the property owner fails to do so, the City Council may modify or terminate the agreement.
I. Amendments to Approved Development Agreements. Any amendment to a previously approved Development Agreement shall be reviewed pursuant to the same procedures outlined in this Section for a new application.
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17.25.020 Density Bonus Agreements
A. Purpose. This Section provides procedures and requirements for the consideration of Density Bonus Agreements for the purposes specified in, and as authorized by, Section 65915 et. seq. of the California Government Code.
B. Applicability. A Density Bonus Agreement may only be requested for development projects consisting of five or more dwelling units, prior to any density increase.
C. Review Authority. The Planning Commission shall review an application for a Development Agreement at a public hearing pursuant to PMC Section 17.20.020 (Notification Procedures) and shall forward a recommendation, which may include amendments, to the City Council.
D. Application Procedure
1. Only a qualified applicant may file an application for a Density Bonus Agreement. For the purpose of this Section, a qualified applicant is a person who has a legal or equitable interest in the real property that is the subject of the density bonus agreement, or an authorized agent of a person who has a legal or equitable interest. The Director may require an applicant to submit a title report or other evidence satisfactory to the Director to verify the applicant’s interest in the real property and the authority of the agent to act on behalf of the applicant.
2. An application for a Density Bonus Agreement shall be made on a form provided for that purpose by the Department, along with the required fee and/or deposit established by City Council resolution.
3. Where a density bonus request does not involve an existing development, the application for a Density Bonus Agreement shall be filed concurrently with all other development application(s) for the project.
4. The applicant shall provide financial data as determined by the Director showing that any requested concession and/or waiver is necessary to make the affordable units economically feasible.
5. The application shall be accompanied by the appropriate number of draft Density Bonus Agreements as listed on the application. The agreement shall be in a form acceptable to the City Attorney and may include the following provisions as well as any other deemed necessary by the City during review of specific proposals:
a. The terms and conditions of the agreement shall run with the land, which is to be developed, shall be binding upon any or all successor in interest of the applicant, and shall be recorded in the Office of the Los Angeles County Recorder, prior to issuance of any Building Permits for the project;
b. The applicant shall give the City the continuing right-of-first-refusal to purchase or lease any or all of the designated units at the fair market value; c. The deeds to the designated units shall contain a covenant stating that the applicant or their successor in interest shall not sell, rent, lease, sublet, assign, or otherwise transfer any interests for same without the written approval of the City confirming that the sales price of the units is consistent with the limits established for very low, low- and/or moderate-income households, which shall be related to the Consumer Price Index; and,
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d. The City shall have the authority to enter into other agreements with the applicant or purchasers of the dwelling units, as may be necessary to assure that the required dwelling units are continuously occupied by eligible households.
6. A Density Bonus Agreement application shall be reviewed and approved by the City Council. However, if the applicant is requesting more concessions than are allowed by right as established in Section 65915 et. seq. of the California Government Code, the Density Bonus Agreement shall be reviewed by the Planning Commission with a recommendation to the City Council.
7. The Director may require additional information if deemed necessary to determine whether the Density Bonus Agreement is consistent with the goals, policies and objectives of the General Plan and any applicable Specific Plan. This may include, but is not limited to, a market feasibility/absorption study for the proposed project.
E. Action by Planning Commission
1. As described in PMC Section 17.25.020.C.6, the Planning Commission shall hold a public hearing on an application for a density bonus agreement if the applicant is requesting more concessions than are allowed by right as established in the tables provided in this Section.
The hearing shall be scheduled and notice given as prescribed in PMC Section 17.20.020 (Notification Procedures).
2. The Planning Commission shall determine whether the Density Bonus Agreement is consistent with the required findings for approval as set forth in PMC Section 17.25.020.FG, and shall recommend to the City Council that the Density Bonus Agreement be approved, approved as amended, or denied.
F. Action by City Council
1. Upon receiving a recommendation from the Planning Commission on a proposed Density Bonus Agreement, the City Council shall hold a public hearing. The hearing shall be scheduled and notice given as prescribed in PMC Section 17.20.020 (Notification Procedures).
2. Following the closing of a public hearing, the City Council shall determine if the Density Bonus Agreement is consistent with the findings contained within PMC Section
17.25.020.GF. If determined to be consistent, the City Council shall adopt the Development Agreement by resolution.
G. Required Findings for Approval. Prior to taking an action to approve or recommend approval of a Density Bonus Agreement, the Review Authority shall find as follows
1. The proposed Density Bonus Agreement is consistent with the maps and policies of the General Plan and any applicable Specific Plan; and,
2. The proposed Density Bonus Agreement complies with the requirements of California Government Code Section 65915 et. seq.
H. Ongoing Review. The Director shall review and examine during a public hearing all approved Density Bonus Agreements at least every 12 months to determine whether the applicant or a successor in interest, is demonstrating good faith compliance with the terms of the Agreement.
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I. Amendments to Approved Density Bonus Agreements. Any amendment to a previously approved Density Bonus Agreement shall be reviewed pursuant to the same procedures outlined in this Ordinance for a new application.
J. Incentives and Concessions
1. Applicants for density bonuses may, in addition to the density bonus, request the number of incentives or concessions established in Section 65915(d)(2) of the California Government Code.
2. The City shall grant the concession or incentive requested by the applicant pursuant to PMC Section 17.25.020.C.6, unless it makes a written finding, based upon substantial evidence, of either of the following:
a. The concession or incentive does not result in identifiable cost reductions for affordable housing costs or for rents for the targeted units as defined within PMC Chapter 17.16 (Definitions); or,
b. The concession or incentive would have a specific adverse impact upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources for which there is no feasible method to mitigate or avoid without rendering the development unaffordable to low-income and moderate-income households.
3. The granting of a density bonus, concession, or incentive shall not be interpreted, in and of itself, to require a General Plan Amendment, Zone Change, Variance, or other discretionary approval.
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17.26 Administrative Approvals
17.26.010 General Provisions
A. Purpose. This Chapter specifies the procedures for the review and approval of a variety of administrative development applications and approvals.
B. Review Authority. The Review Authority for the applications described in this Chapter shall be the Director, except as otherwise authorized by PMC Section 17.20.080 (Decisions by Review Authority). As provided in this Ordinance, the Review Authority is authorized to approve, impose reasonable conditions upon the approval, or deny the applications pursuant to the established procedures as deemed necessary to protect public health, safety, and welfare.
17.26.020 Subdivision Development Plan Review
A. Purpose. The Subdivision Development Plan review process involves the review and approval of residential plot plans, unit mixes, architectural elevations, and other applicable project plans to ensure that the conditions of approval applied to the subdivision are met, and that the unit mix and plotting concept promotes a functional, aesthetically appealing, high-quality living environment for current and future residents.
B. Applicability
1. Subdivision Development Plan review is required prior to issuance of Building Permits for new residential development when a development consists of five lots or more that are anticipated to be constructed concurrently or by the same builder within an approved residential subdivision.
2. Subdivision Development Plan review is also required to allow the replacement of one model floor plan or elevation for another on a previously approved Subdivision Development Plan or to allow the replotting of no more than 25 percent of lots within any tract or phase tract, provided that the number of lots replotted does not exceed 15.
C. Application Procedure
1. A Subdivision Development Plan application shall be submitted and approved prior to the issuance of Building Permits for any single-family residence located within an approved residential subdivision consistent with PMC Section 17.26.020.B (Applicability).
2. The application for review shall be filed by the applicant and submitted on a form provided for that purpose by the Department, along with the required fee established by City Council resolution.
3. The review procedure shall be pursuant to PMC Section 17.20.010.A.2.
4. The Director may require additional information and modification of any plans deemed necessary to ensure compliance with applicable ordinances and conditions of approval, prior to taking any action on a Subdivision Development Plan application.
D. Approval Requirements and Conditions. The Review Authority shall review and evaluate any application for a Subdivision Development Plan and may approve the application subject to the following criteria:
1. The plan is consistent with the goals, policies, and objectives of the General Plan;
2. It can be determined that the plan, through its unit design and plotting, creates a functional, efficient, and aesthetically beneficial living environment for future residents; Palmdale Municipal Code Title 17
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3. The plan complies with all applicable terms of this Ordinance and any other applicable City ordinances and codes;
4. There are no violations of this Ordinance existing on the subject property; and,
5. The Subdivision Development Plan is consistent and complies with the requirements and conditions of approval for the associated final subdivision map and any other related entitlements.
E. Effective Period for Subdivision Development Plan Approval. The Subdivision Development Plan shall remain valid until new or modified plans are submitted, or the underlying final subdivision map is modified, amended, or reparcelized.
F. Amendments to Approved Subdivision Development Plans. Any amendment to a previously approved Subdivision Development Plan shall be reviewed pursuant to the same procedures outlined in this Section for a new application.
17.26.030 Zoning Clearance Review
A. Purpose. The Zoning Clearance procedure is intended to ensure that a proposed use of land and/or existing building(s), or the minor alterations of land and building(s) within the City, meet the requirements of this Ordinance and, if applicable, the conditions of approval for a previously approved project.
B. Applicability
1. A Zoning Clearance shall be obtained prior to the initiation of a use of land and/or the construction of structures requiring a Building Permit when no discretionary review process is otherwise applicable to the proposed initiation of use or construction.
2. Projects requiring a Zoning Clearance include, but are not limited to, the following:
a. Establishment of a new use within an existing building in conjunction with obtaining a Business License;
b. Individual custom single-family residence or two-unit developments on new or existing lots of record;
c. Minor changes to residential structures or lots, including patio covers, pools/spas, and detached accessory structures;
d. Interior remodels which do not result in substantial changes in the character of the occupancy or use, or cause greater impact on traffic or waste disposal, as determined by the Director;
e. Alterations to exterior building materials or colors, installation of doors and windows, drainage patterns, parking, traffic, or easements, which do not result in greater impacts on infrastructure and public services, as determined by the Director; f. Repair and maintenance of structures or parking areas, unless constrained by existing infrastructure and existing drainage patterns and/or easements; g. Installation of new EV charging stations and facilities; h. Reductions of floor or building area within a previously approved Site Plan Review where it is determined that the modification would not result in a significant change in circumstances requiring additional environmental or planning review; i. Installation of public art (e.g., murals, statues, sculptures, etc.).
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j. Urban Lot Splits pursuant to PMC Chapter 17.39 (Standards for Urban Lot Splits and Duplexes in Single-Family Zones); and,
k. Re-striping of parking areas which do not reduce the number of required parking spaces.
3. In no case shall a Zoning Clearance be issued for a use other than a use principally or conditionally allowed within that zone.
C. Application Procedure
1. A request for a Zoning Clearance shall be submitted by the applicant on a form provided for that purpose by the Department, along with the required fee as established by City Council resolution.
2. The Director may require additional information including, but not limited to, parking summaries and a written description of use(s) prior to taking any action on a Zoning Clearance. The review procedure shall be pursuant to PMC Section 17.20.010.A.2.
D. Approval Requirements and Conditions. A Zoning Clearance shall be approved by the Review Authority provided that the project application complies with the following criteria:
1. The proposed use of land or structures are permissible under the present zone and does not require additional land use entitlements including, but not limited to a Conditional Use Permit or Site Plan Review;
2. The project is consistent with the policies and maps of the General Plan;
3. The project complies with all applicable terms and conditions of any existing entitlement;
4. The project meets all applicable standards within this Ordinance including, but not limited to, minimum structure design, development standards and setbacks, and any applicable special use standards (e.g., public art which would be subject to approval of the Public Art Commission and Director), or has been deemed to be legally non-conforming with respect to these standards; and,
5. There are no violations of this Ordinance existing on the subject property.
E. Post Decision Procedures
1. Effective Period of Zoning Clearance Approval. A Zoning Clearance verifies that a specified use or structure is consistent with this Ordinance and applicable City ordinances and policies on the date of its issuance. Any change to the use or structure shall invalidate the Zoning Clearance.
2. Modification or Revocation by the Director
a. If the Director determines that the Zoning Clearance is not pursuant to the requirements of this Ordinance, the Director shall notify the owner of the subject property or their authorized agent of the date for a hearing on compliance with this Section. The notice shall be sent by certified mail and shall state that the Director will be reviewing the Zoning Clearance for possible modification or revocation. It shall also state the date, time, and place of the hearing. The hearing shall be conducted and notice given pursuant to PMC Section 17.20.020 (Notification Procedures). b. The Director shall fully investigate the evidence and prepare a report regarding the reported violation of the Zoning Clearance requirements. A copy of the report shall be sent to the property owner or their authorized agent. Upon conclusion of the hearing, Palmdale Municipal Code Title 17
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the Director shall take no action, may modify the Zoning Clearance approval as appropriate, or revoke the Zoning Clearance approval. The Director’s decision shall be based on substantial evidence and written findings.
17.26.040 Minor Modifications to Approved Plans
A. Purpose. The Minor Modification process provides a means of reviewing requests for proposed changes to approved project plans which, as determined by the Director based upon the criteria specified in PMC Section 17.26.040.D, are minor in nature and which are in substantial conformance with previously approved entitlements and/or conditions of approval.
B. Applicability
1. The Minor Modification procedure may be utilized for the following types of revisions to previously approved project plans without limitation on the number of applications per year except as specified in PMC Section 17.26.040.DB.4:
a. To allow minor reconfiguration of an architectural feature that does not modify the previously approved theme or plan for the project;
b. To allow minor changes to approved building footprint(s) within the buildable area of a project site, which do not increase the building footprint by more than 10 percent; c. To allow modifications relating to site reconfiguration that do not significantly increase the approved square footages, or overall site design including, but not limited to, the repositioning of structures and accessory structures and relocation of parking areas; d. To allow the reconfiguration of no more than 25 percent of lots within any subdivision; provided that the number of lots reconfigured does not exceed 15; e. To allow the addition of minor accessory structures to an approved project; provided that only one application per year is allowed and the structure(s) will not increase the total building area by more than 10 percent;
f. To allow the fulfillment of a condition of approval in a manner which may vary from that specified in the original condition; provided that the intent and purpose of the original condition is fully met;
g. To allow changes in hours of operation for a conditionally approved project; h. Minor revisions to Site Plan Review, Specific Plans, and/or Planned Developments pursuant to PMC Section 17.21.070.BA.1, PMC Section 17.27.040.F, and PMC Section
17.27.050.G.1;
i. To allow eligible facilities requests, the installation of minor facilities, the installation of emergency standby generators, and Minor Modifications to previously approved existing facilities pursuant to PMC Section 17.95.010 (Communication/Wireless Telecommunication Facilities) and PMC Section 17.95.020 (Emergency Standby Generators);
j. Other requests similar to the above Minor Modifications, as determined by the Director; and,
k. When a minor modification is required as part of a use approval as documented in other sections of this Ordinance.
2. Site Plan Review pursuant to PMC Chapter 17.21 (Site Plan Review) shall be required where an application for a minor modification, which when combined with any addition or minor Palmdale Municipal Code Title 17
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modification approved within 36 months of the filing of the application, exceeds 25 percent of the total floor area or 1,500 square feet, whichever is greater.
C. Application Procedure
1. An application for a Minor Modification meeting the criteria specified in PMC Section
17.26.040.B shall be filed prior to the commencement of any construction related to the modification.
2. The review procedure shall be pursuant to PMC Section 17.20.010.A.2.
3. A Minor Modification shall be filed by the applicant and submitted on a form provided for that purpose by the Department, along with the required fee established by City Council resolution.
4. The Director may require additional information and/or refer the application to pertinent departments/agencies as deemed necessary prior to taking any action on a Minor Modification. The Director and other pertinent departments/agencies may add conditions of approval as needed to ensure that approval of the Minor Modification will ensure the public health, safety, and welfare.
5. The applicant may be required to clarify, correct, or supply additional information before the application is determined by the City to be complete. Upon making the determination as to whether the application conforms to these standards, the City will notify the applicant in writing when the application has been accepted, or whether the application has been deemed incomplete, within the time limitations outlined in PMC Section 17.20.050 (Time Limitations for Application Acceptance).
D. Approval Requirements and Conditions. The Review Authority may review and approve an application for Minor Modification provided that the application for the proposed modification complies with the following criteria:
1. The request is listed in PMC Section 17.26.040.B and does not require new land use entitlements including, but not limited to a Conditional Use Permit or Site Plan Review;
2. The request is consistent with the goals, policies, and objectives of the General Plan;
3. The request complies with the purpose and intent of all applicable terms and conditions of the existing entitlement;
4. There has not been more than one other minor modification application for the same project within the past 12 months; and,
5. The proposed structure or addition meets all applicable Ordinance standards including, but not limited to, minimum structure design, development standards and setbacks.; and,
1. There are no violations of this Ordinance existing on the subject property.
17.26.050 Minor Use Permit
A. Purpose. The purpose of a Minor Use Permit is to allow certain uses that contribute to the orderly growth and development of the City and that generally meet the purposes of the applicable zone, but which require special consideration in their design or operation to ensure compatibility with the surrounding area. The Minor Use Permit process is intended to provide an opportunity for Director review and evaluation of site-specific requirements and characteristics, to provide public notice of applications, to provide adequate mitigation of any potentially adverse impacts, and to ensure that all site development regulations and performance Palmdale Municipal Code Title 17
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standards are provided pursuant to this Ordinance. In addition, the Minor Use Permit ensures ongoing compliance with conditions of operation which may be applied to the use in order to protect public health, safety, and welfare, and to ensure compliance with the goals, policies, and objective of the General Plan.
B. Applicability
1. No person shall undertake, conduct, or use, or cause to be undertaken, conducted, or used, any projects which require a Minor Use Permit, without having first complied with the provisions of this Ordinance.
2. Uses listed in the land use permissions tables as “Uses Permitted Subject to Approval of a Minor Use Permit” may be allowed in the applicable zone pursuant to the provisions of this Ordinance.
3. Minor Use Permit approval shall only apply to the property for which the application was made and shall apply to that property as long as the use for which approval was granted is in effect, regardless of changes in ownership.
C. Review Authority
1. The review procedure shall be pursuant to PMC Section 17.20.010.A.2.
2. Projects which require multiple application types shall be approved by the highest level of Review Authority.
D. Application Procedure
1. A request for a Minor Use Permit shall be submitted by an applicant on a form provided for that purpose by the Department, along with the required fee established by City Council resolution.
2. The Director may require additional information and/or refer the application to pertinent departments/agencies as deemed necessary prior to taking any action on a Minor Use Permit. Where the use is proposed, the adjacent land uses, environmental significance or limitations, topography, or traffic circulation is found to so require, the Review Authority may establish more stringent regulations than those otherwise specified for the zone in which the project is located.
3. The applicant may be required to clarify, correct, or supply additional information before the application is determined by the City to be complete. Upon making the determination as to whether the application conforms to these standards, the City will notify the applicant in writing when the application has been accepted, or whether the application has been deemed incomplete, within the time limitations outlined in PMC Section 17.20.050 (Time Limitations for Application Acceptance).
4. Floor Plan. The application shall be accompanied by the required documents, including site plans, floor plans, and all other pertinent information as specified in the checklist provided by the Department.
5. Where deemed necessary by the Department to complete the City’s review and evaluation of the proposed use, additional information may be required regarding ongoing use of the site, including but not limited to, hours of operation, provisions for on- or off-site security, and other similar conditions of operation.
E. Considerations and Decision
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1. In evaluating an application for a Minor Use Permit, the Director shall determine the merits of the proposed Minor Use Permit, and its compliance with the goals, policies, and objectives of the General Plan, this Ordinance, and other applicable ordinances and codes adopted by the City, in order to protect the public health, safety, and general welfare.
5.2. Prior to rendering a decision, the Director shall provide written notice to owners of property located within 100 feet of the parcel which is the subject of the Minor Use Permit application. The list of property owners within 100 feet of the subject parcel shall be provided by the applicant. The notices shall contain a description and location of the request and the anticipated decision date, and shall allow 10 days to submit comments to the City. Upon the passage of 10 days, the Director shall render a decision.
E.F. Required Findings for Approval
1. In evaluating an application for a Minor Use Permit, the Director shall determine the merits of the proposed Minor Use Permit, and its compliance with the goals, policies, and objectives of the General Plan, this Ordinance, and other applicable ordinances and codes adopted by the City, in order to protect the public health, safety, and general welfare.
2.1. Prior to rendering a decision, the Director shall provide written notice to owners of property located within 100 feet of the parcel which is the subject of the Minor Use Permit application. The list of property owners within 100 feet of the subject parcel shall be provided by the applicant. The notices shall contain a description and location of the request and the anticipated decision date, and shall allow 10 days to submit comments to the City. Upon the passage of 10 days, the Director shall render a decision.
3.1. Approval shall be based upon the following minimum criteria, which shall also constitute the findings to be made by the Review Authority in approving or denying a Minor Use Permit:
a. The proposed use is consistent with the goals, policies, and objectives of the General Plan;
b. The proposed use is beneficial and desirous to the community and is consistent with the purpose, intent and standards of this Ordinance and other applicable ordinances and codes adopted by the City;
c. The site for the proposed use is adequate in size and shape to accommodate all open spaces, setbacks, walls and fences, parking areas, vehicle and pedestrian access, fire and building code considerations, and other features pertaining to the application; and, d. The proposed use and the on-going operation of the use will not have a substantial adverse effect on abutting property or the allowed use thereof, and will not generate excessive noise, vibration, traffic, or other disturbances, nuisances, or hazards.
F.G. Approval Requirements and Conditions
1. The Director and other pertinent departments/agencies may add conditions of approval as needed to ensure that approval of the Minor Use Permit will ensure the public health, safety, and welfare.
2. The following requirements for the regulation of uses and operations on the site may be placed upon the development project by the Review Authority as conditions of approval:
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a. Regulation of use;
b. Regulation of time for certain activities;
c. Duration of use;
d. Regulation of noise, vibration, odors, and lights;
e. Maintenance of special setbacks, spaces, and buffer areas; f. Regulation of points of vehicular ingress and egress; g. Regulation of signs;
h. Required landscaping and site maintenance; and,
i. Any other conditions that will ensure the use of the site and surrounding area in an orderly and efficient manner, and in conformity with the intent and purposes of this Ordinance.
G.H. Post Decision Procedures
1. Appeal. Prior to its effective date, a decision made on a Minor Use Permit may be appealed to the Planning Commission, pursuant to the provisions of PMC Section 17.20.110 (Appeal Procedures).
2. Revisions and Modifications by the Applicant. Revisions or modifications of a Minor Use Permit can be requested by the applicant for approval by the Director upon submittal of an application, required materials, and applicable fees for Minor Modification, pursuant to PMC Section 17.26.040 (Minor Modifications to Approved Plans).
3. Review by Director. The Director may periodically review any Minor Use Permit to ensure that it is being operated in a manner that is consistent with the conditions of operation and in a manner which is not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity.
4. Modification or Revocation by the Director
a. If the Director determines that the Minor Use Permit is not being conducted pursuant to the requirements of this Ordinance, the Director shall document in writing the reported violation of the Minor Use Permit requirements. The Director’s determination shall be sent to the operator of the Minor Use Permit by certified mail stating that the Minor Use Permit is out of compliance and that it may be subject to revocation unless the use is modified pursuant to the original conditions of approval within a stipulated time frame as determined by the Director.
b. In documenting the reported violation of the Minor Use Permit, the Director shall make one of the following determinations and take such accompanying action:
i. Find that the Minor Use Permit is being conducted in an appropriate manner and that no action to modify or revoke the permit is necessary; ii. Find that the Minor Use Permit is not being conducted in an appropriate manner and impose modifications to conditions as are necessary; or, iii. Find that the Minor Use Permit is not being conducted in an appropriate manner and that measures are not available to mitigate the impacts of the business. Upon making this determination, the Director may revoke the Minor Use Permit and order the operation to cease and desist in the time specified by the Director.
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5. If the Director, determines that the Minor Use Permit should be revoked, the procedures for revocation pursuant to PMC Section 17.22.070.C shall be followed.
17.26.060 Home Occupation Clearance
A. Purpose. The purpose of a Home Occupation Clearance procedure is to allow the establishment and operation of a business within a home, in such a way as to minimize any impacts of the business on adjacent properties or the general neighborhood. Home occupations are limited to those uses which may be conducted within a residential dwelling, without in any way changing the appearance or condition of the residence or the surrounding neighborhood.
B. Applicability. No home occupation may occur and no approval for a home occupation shall be issued unless the procedures and criteria specified in this Ordinance are satisfied.
C. Application Procedure
1. An application for a new home occupation shall be filed by an applicant with the Department, along with a fee as established by City Council resolution.
2. The review procedure shall be pursuant to PMC Section 17.20.010.A.2.
3. The Review Authority shall review the request for a Home Occupation Clearance to ensure compliance with the criteria for operations established in this Ordinance.
4. In rendering a decision, the Review Authority shall clearly state, in writing, any conditions of approval or reasons for denial.
D. Approval Requirements and Conditions. Home occupations may be allowed on property used for residential purposes, subject to approval by the Review Authority, provided that the use is operated pursuant to the following conditions:
1. The home occupation shall be incidental and secondary to the use of the dwelling for residential purposes;
2. There shall be no customers, clients, or visitors coming to the residence for purposes of the home occupation except for the purpose of individual instruction including, but not limited to academic tutoring or music lessons;
3. No signs relating to the home occupation shall be allowed except those required by State law;
4. Advertising shall not include the residential address and shall not be displayed anywhere on the site of the home occupation;
5. No one other than a resident of the dwelling shall be employed on the premises in the conduct of a home occupation;
6. A Home Occupation Clearance is valid only for the person(s) and residence approved by the City;
7. No dwelling shall be built, altered, furnished, or decorated for the purpose of conducting the home occupation in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be recognized as a place where a home occupation is conducted;
8. There shall be no entrance or exit specifically provided or marked on the dwelling or on the premises for the conduct of the home occupation;
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9. A home occupation shall be conducted entirely within the dwelling unit and the activities of such home occupation shall not be visible, or otherwise noticeable, outside the dwelling unit structure;
10. There shall be no home occupation activities that are objectionable due to glare, dust, fumes, odor, vibration, noise, or that disturb the peace;
11. No equipment or process shall be used which creates visual or audible electrical or mechanical interference in any radio or television receiver or other device outside the dwelling unit structure, or causes fluctuations in the line voltage outside the dwelling unit structure;
12. The home occupation shall not require any upgraded utility service capacity beyond that which is customary for residential service. Separate utility meters which serve only the home occupation shall not be allowed;
13. An enclosed garage may be used for home occupation purposes; provided, however, that such use shall not interfere with the maintenance of the number of enclosed parking spaces required for the residence as required by PMC Section 17.87.060 (Required Vehicle Spaces);
14. No mechanical or construction equipment which is not typically found in residential neighborhoods shall be stored on the premises. Goods, wares, or merchandise associated with the home occupation may be stored inside a building;
15. No vehicles or trailers except those normally incidental to a residential use shall be parked in a manner that is visible from the public right-of-way;
16. No more than one motor vehicle, or vehicle-trailer combination, not exceeding a gross vehicle rating of 14,000 pounds shall be stored or parked at a residence and/or used in connection with the home occupation;
17. The home occupation shall not generate vehicular traffic and/or vehicular parking which degrades or is otherwise detrimental to the residential nature of the neighborhood;
18. If the home occupation is to be conducted in a rental unit, a written statement from the property owner or an authorized agent of the property owner, giving permission for operation of the home occupation shall be provided to the City;
19. The home occupation shall not affect or reduce the parking spaces required by this Ordinance;
20. Home occupations shall not involve the use and/or on-site storage of chemicals, flammable materials, or other hazardous materials except as may be allowed by the Uniform Fire Code;
21. The operator of a home occupation shall obtain and maintain a current business license from the City; and,
22. No home occupation shall include the sale or storage of firearms, ordnance, ammunition, or other weapons which are regulated by the Bureau of Alcohol, Tobacco, and Firearms, at the site of the home occupation.
E. Additional Conditions for Mobile Businesses. A Home Occupation Clearance for mobile businesses may be approved, provided that the business is operated pursuant to the operational Palmdale Municipal Code Title 17
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standards described in PMC Section 17.26.060.D, in addition to the following conditions which specifically apply to mobile businesses:
1. The service provided by the mobile business shall be pursuant to the zone in which the work is performed;
2. The mobile business shall comply with all applicable requirements of any agency with regulatory or permitting authority over the conduct of that business;
3. Any automotive-related services shall be limited to cleaning, detailing, and minor replacement, or repair to glass and/or accessory parts; no mobile business operating with a Home Occupation Clearance shall be allowed to conduct auto repair, auto body, or engine work;
4. No work shall be conducted in a publicly accessible parking lot without approval from the property owner; and,
5. No work shall be conducted on City-owned property, including parks, park, and ride lots, parking lots, or public rights-of-way without prior authorization from the City.
F. Post Decision Procedures
1. Review by Director. The Director may review and examine, during a public hearing, any Home Occupation Permit to ensure that it is being operated in a manner consistent with the conditions of operation and in a manner which is not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity.
2. Modification or Revocation by the Director. If the Director determines that the home occupation is not being conducted pursuant to the requirements of this Ordinance, the Director shall document in writing the reported violation. The Director’s determination shall be sent to the operator of the home occupation by certified mail stating that the home occupation is out of compliance and that it may be subject to revocation unless the home occupation is modified pursuant to the original conditions of approval within a stipulated time frame as determined by the Director. In documenting the reported violation of the home occupation, the Director shall make one of the following determinations and take such accompanying action:
a. Find that the home occupation is being conducted in an appropriate manner and that no action to modify or revoke the permit is necessary;
b. Find that the home occupation is not being conducted in an appropriate manner and impose modifications to conditions as are necessary; or, c. Find that the home occupation is not being conducted in an appropriate manner and that measures are not available to mitigate the impacts of the business. Upon making this determination, the Director may revoke the Home Occupation Clearance and order the operation to cease and desist in the time specified by the Director.
3. Lapse of Approval
a. A Home Occupation Clearance, approved pursuant to the provisions of this Ordinance, shall become null and void upon expiration of a business license issued in conjunction with the Home Occupation Clearance. Reestablishment of the Home Occupation Clearance shall require the filing of a new application to the Department, including applicable fees as established by City Council Rresolution.
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b. Where a Home Occupation Clearance has been nullified pursuant to PMC Section
17.26.060.F.3.a a new application for the same or substantially the same occupation may be filed immediately.
4. New Application Following Denial. Following the denial or revocation of a Home Occupation Clearance, no application for a Home Occupation Clearance for the same or substantially the same occupation on the same parcel shall be filed within one year from the date of denial or revocation.
17.26.070 Additional Animals Clearance
A. Purpose. The purpose of these provisions is to allow the keeping of additional animals over those allowed by the underlying zone standards, and to ensure that the keeping of such animals will not be detrimental to the public health, safety, and welfare; that adjacent property owners and residents are notified of the proposed keeping of additional animals; and that such animals are provided with adequate facilities to ensure their health and well-being.
B. Applicability. An Additional Animals Clearance shall be required to keep animals that are allowed as an accessory use in the underlying zone, where the number of such animals exceeds the number allowed in the zone.
C. Application Procedure
1. An application to keep additional animals shall be filed by an applicant with the Department, along with a fee as established by City Council Rresolution.
2. The review procedure shall be pursuant to PMC Section 17.20.010.A.2.
D. Approval Requirements and Conditions. The approval to keep additional animals shall be based upon the applicant’s adherence to the following conditions:
1. The keeping of the animals shall comply with all standards of this Ordinance for the keeping of animals and animal enclosures, including setbacks from property lines and other dwellings;
2. The keeping of the animals shall comply with all applicable Federal and State requirements;
3. The keeping of animals in excess of the number allowed within this Ordinance shall be prohibited;
4. Each animal shall have sufficient area to be maintained and exercised in a normal healthy manner, as determined by a State-licensed veterinarian;
5. Any odor or activity associated with the animals shall be contained within the associated parcel;
6. The keeping of animals shall conform with the goals, policies, and objectives of the General Plan and this Ordinance; and,
7. Any other conditions as deemed reasonably appropriate by the Director.
E. Required Findings and Decision
1. In evaluating an application for an Additional Animals Clearance, the Director shall determine that the request satisfies the requirements contained in PMC Section
17.26.070.D and, if granted, is consistent with the goals, policies, and objectives of the General Plan and all applicable codes and ordinances.
2. Prior to rendering a decision, the Director shall provide written notice to contiguous property owners of the request to keep additional animals. Such notice shall contain a Palmdale Municipal Code Title 17
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description and location of the requested type and number of animals and the anticipated decision date, and shall allow 10 days to submit comments to the City. Upon the passage of 10 days, the Director may render a decision.
F. Post Decision Procedures
1. Modification or Revocation by the Director. If the Director determines that the additional animals for which an Additional Animals Clearance has been approved are not being kept pursuant to the requirements of this Ordinance, the Director shall document in writing the reported violation of the requirements for the additional animals. The Director’s determination shall be sent to the owner of the additional animals by certified mail stating that they are being kept in violation of their original approval and that the Additional Animals Clearance may be subject to revocation unless the additional animals are kept pursuant to the original conditions of approval within a stipulated time frame as determined by the Director. In documenting the reported violation, the Director shall make one of the following determinations and take such accompanying action:
a. Find that the additional animals are being kept in an appropriate manner and that no action to modify or revoke the permit is necessary;
b. Find that the additional animals are not being conducted in an appropriate manner and impose modifications to conditions as are necessary; or, c. Find that the additional animals are not being conducted in an appropriate manner and that measures are not available to mitigate the impacts of the business. Upon making this determination, the Director may revoke the Additional Animals Clearance and order the keeping of these animals to cease and desist in the time specified by the Director.
17.26.080 Requests for Reasonable Accommodation
A. Purpose. The purpose of these provisions is to establish a formal procedure for persons with disabilities seeking equal access to housing to request reasonable accommodation in the application of this Ordinance and to establish relevant criteria to be used when considering these requests.
B. General Provisions
1. A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of this Ordinance or other land use standard, policy, or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This Ordinance is intended to apply to those persons who are defined as disabled pursuant to the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts).
2. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing- related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by PMC Section 17.26.080.C.
C. Application Procedure
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1. An application for a request for reasonable accommodation shall be filed by an applicant and submitted on a form provided for that purpose by the Department, along with the required fee as established by City Council resolution.
2. The review procedure shall be pursuant to PMC Section 17.20.010.A.2.
3. The Review Authority shall review the request for reasonable accommodation to ensure compliance with the criteria for operations established in this Ordinance.
4. In rendering a decision, the Review Authority shall clearly state, in writing, any conditions of approval or reasons for denial.
5. Review with Other Land Use Applications. Projects which require multiple application types shall be approved by the highest level of Review Authority.
Projects which require multiple application types shall be approved by the highest level of Review Authority.
D. Grounds for Accommodation. In making a determination regarding the reasonableness of a requested accommodation, the following criteria shall be considered:
1. Special need created by the disability;
2. Potential benefit that can be accomplished by the requested modification;
3. Potential impact on surrounding uses;
4. Physical attributes of the property and structures;
5. Alternative accommodations which may provide an equivalent level of benefit;
6. In the case of a determination involving a single-family dwelling, whether the structure would be considered a single housing unit if it were not using special services that are required because of the disability of the residents;
7. Whether the requested accommodation would impose an undue administrative burden on the City; and,
8. Whether the requested accommodation would require a fundamental alteration in the nature of a City program or law, including but not limited to, land use and zoning.
E. Required Findings and Decision
1. In evaluating an application regarding the reasonableness of a requested accommodation, the Director shall determine that the request satisfies the standards contained in PMC Section 17.26.080.D and, if granted, is consistent with the goals, policies and objectives of the General Plan and all applicable codes and ordinances.
2. Prior to rendering a decision, the Director shall provide written notice to contiguous property owners of the request for reasonable accommodation. Such notice shall contain a description and location of the request and the anticipated decision date, and shall allow 10 days to submit comments to the City. Upon the passage of 10 days, the Director may render a decision.
17.26.090 Minor Site Plan Review
A. Purpose. The Minor Site Plan Review process provides a means of reviewing requests for certain types of uses and structures through an administrative review approval process, to ensure that impacts to adjacent properties are minimized, and that adjacent property owners and residents are notified of the proposed project.
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B. Applicability
1. Applications for new construction of multi-family residential projects consisting of three to nine units.
2. New applications for the expansion of existing multi-family residential, commercial, or industrial buildings or structures of less than 2510 percent in total floor area or up to 1,500 square feet, whichever is greater, where the proposed expansion will not result in a change in the land use or intensity, or cause increased impacts on existing infrastructure and public services, as determined by the Director. Site Plan Review pursuant to PMC Chapter 17.21 (Site Plan Review) shall be required where an application for an addition, which when combined with any addition or minor modification approved within 36 months of the filing of the application, exceeds 25 percent of the total floor area or 1,500 square feet, whichever is greater.
3. Replacement and/or repair of a structure partially destroyed by fire, flood, or another natural occurrence, when the repair of such structure is determined by the Director to be consistent with the design, use and intensity of the original structure, and consistent with the zoning and General Plan designations.
4. Applications for accessory structures as established in PMC Division 9 (Special Regulations) of this Ordinance, PMC Section 17.26.030 (Zoning Clearance Review), PMC Section
17.26.040 (Minor Modifications to Approved Plans), or as required elsewhere in this Ordinance.
C. Application Procedure
1. An application for Minor Site Plan Review shall be filed by an applicant with the Department, along with the required fee established by City Council resolution.
2. The review procedure shall be pursuant to PMC Section 17.20.010.A.2.
3. An application for Minor Site Plan Review shall be accompanied by all required materials and a site plan showing the subject property as well as the surrounding area. Plans of the subject property shall show all existing and proposed buildings and uses, fencing, walls, light fixtures, and any other data required by the Department to adequately review the application.
4. The Director may require additional information and/or refer the application to pertinent departments/agencies as deemed necessary prior to taking any action on a Minor Site Plan Review application. The Director and other pertinent departments/agencies may add conditions of approval as needed to ensure that approval of the Minor Site Plan review will ensure the public health, safety, and welfare.
D. Approval Requirements and Conditions. In granting the Minor Site Plan Review, the Director may impose conditions reasonably necessary to accomplish the purpose of this Ordinance, including, but not limited to, the following:
1. Dedications and/or easements for streets, alleys, drainage, public utilities, recreational trails, flood control, and such other rights-of-way as may be determined essential to the orderly development of the site and abutting properties.
2. On- and off-site improvements, including, but not limited to, the following:
a. Grading, drainage, and drainage structures necessary to protect the public safety; Palmdale Municipal Code Title 17
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b. Curbs and gutters, street pavement, sidewalks, street lights, and traffic control devices, bus turnouts, and shelters. All road improvements shall be constructed pursuant to plans and specifications of the City’s Engineering Design Standards; c. Adequate water service and fire protection equipment, pursuant to plans and specifications of the serving water purveyor and Los Angeles County Fire Department; d. Sanitary sewer facilities and connections;
e. Services from public utilities, where provided;
f. Street trees and landscaping, pursuant to the plans and specifications of the City’s Landscaping Design Standards;
g. On-site landscaping, walls and/or fences, trash enclosures, and lighting fixtures; h. Pedestrian walkways and site amenities, including seating and other fixtures, where appropriate; and,
i. In addition to the above requirements, the Review Authority shall require such additional improvements and facilities as determined reasonably necessary for the proper development of the site and the area.
E. Required Findings and Decision
1. In evaluating a request for a Minor Site Plan Review, the Director shall determine that the request satisfies the required findings contained in PMC Section 17.26.090.E.3 and, if granted, is consistent with the goals, policies and objectives of the General Plan and all applicable codes and ordinances.
2. Prior to rendering a decision, the Director shall provide written notice to all property owners within a 300-foot radius of the requested Minor Site Plan Review. The notice shall contain a description of the type and location of the requested Minor Site Plan Review, the anticipated decision date, and shall allow 10 days to submit comments to the City. Upon the passage of 10 days, the Director shall render a decision.
3. Findings for Approval. No application for Minor Site Plan Review shall be reviewed by the Director unless the application, in its final submitted form, or as conditioned, meets the following findings:
a. That the proposed use is consistent with the goals, policies, and objectives of the General Plan and the purposes of the zone in which the project is located; b. The proposed project meets all applicable standards of this Ordinances including, but not limited to, setbacks, height, separations, wall, fence, lighting, and landscaping standards; and,
c. That the proposed project, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity.
F. Post Decision Procedures
1. The effective date of a land use decision shall be pursuant to PMC Section 17.20.090 (Effective Date of Land Use Decisions).
2. Prior to its effective date, any decision made on a Minor Site Plan Review request by the Director may be appealed, pursuant to the provisions of PMC Section 17.20.110 (Appeal Procedures).
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3. A project approved by Minor Site Plan Review shall be inaugurated pursuant to PMC Section 17.20.120 (Time Limits and Extensions for Conditional Land Use Decisions) within 36 months from the effective date of the decision. Unless all conditions have been complied with and the use of land authorized by the land use decision has been inaugurated within 36 months, the land use decision shall become null and void. For the purposes of this Ordinance, the term “inaugurated” shall mean that applicable Grading and Building Permits have been issued and construction initiated and ongoing.
G. Time Limits and Extensions for Site Plan Review Decisions. One or more extensions of time, not to exceed a total of 24 months from the original expiration date, may be granted pursuant to PMC 17.20.120 (Time Limits and Extensions for Conditional Land Use Decisions).
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17.26.100 Temporary Use and Special Event Permits
A. Purpose. The purpose of this Chapter is to regulate land use activities of a temporary nature in order to protect the public health, safety, and welfare. These permitting procedures for Temporary Use Permits and Special Event Permits ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residents and landowners, and to minimize any adverse effects on surrounding properties and the environment.
B. Applicability
1. Temporary uses shall be established only in those zones where temporary uses are expressly allowed or conditionally allowed pursuant to the land use permissions tables in Divisions 3 through 7 of this Ordinance.
2. A temporary use or structure as defined in PMC Chapter 17.16 (Definitions) which does not have a valid and current Temporary Use Permit or Special Event Permit as specified in this Chapter shall be declared to be a public nuisance, subject to the enforcement provisions of this Ordinance and other applicable laws.
3. Temporary Use Permits and Special Event Permits shall not be required for City events or for events in which City space is rented through the Department of Parks and Recreation for a third-party event.
C. Application Procedure. Applications for permits to establish a special event or temporary use, as described in this Ordinance, shall be filed with the Department in a manner prescribed by the Director, along with the required fee as established by City Council resolution.
D. Review Authority
1. The review procedure shall be pursuant to PMC Section 17.20.010.A.2.
2. Projects which require multiple application types shall be approved by the highest level of Review Authority.
3. Applications for temporary uses shall be subject to the requirements and criteria specified in this Ordinance and to any other additional conditions that the City determines to be reasonably necessary to ensure that the use will not be injurious to public health, safety, or welfare.
E. Temporary Use Permit. A Temporary Use Permit shall be required for the following temporary uses pursuant to PMC Section 17.98.020 (Temporary Uses).
1. Christmas tree lots, pumpkin lots, haunted houses, and firework stands, subject to the standards within PMC Section 17.98.020.E.1;
2. Trailer Coaches, Motorhomes, or Manufactured Homes, for use as temporary living quarters for security personnel, temporary residence of the subject applicant, or on active construction sites, where allowed by the zone;
3. Circuses, carnivals, rodeos, concerts, shows, or similar enterprises, subject to the standards within PMC Section 17.98.020.E.2;
4. Farmers Markets, subject to the standards within PMC Section 17.98.020.E.12;
5. Temporary Office Modules. The use of temporary structures including, but not limited to trailers or pre-fabricated structures for use as interim offices on active construction sites, subject to the standards within PMC Section 17.98.020.E.4; Palmdale Municipal Code Title 17
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6. Temporary Outdoor Swap Meet, subject to the standards within PMC Section
17.98.020.E.10;
7. Temporary Outdoor Storage, subject to the standards within PMC Section 17.98.020.E.11;
8. On-Site Temporary Real Estate Sales Office, subject to the standards within PMC Section
17.98.020.E.5. Temporary Real Estate Sales Offices shall also require approval of Minor Site Plan Rreview pursuant to PMC Section 17.26.090 (Minor Site Plan Review);
9. Off-site Model Home Sale Complexes, subject to the standards within PMC Section
17.98.020.E.8;
10. Stockpiling, subject to the standards within PMC Section 17.98.020.E.6;
11. Temporary Sales of Alcoholic Beverages, subject to the standards within PMC Section
17.98.020.E.7, and the following:
a. The applicant shall be the entity determined by the City to be liable for protecting public health and safety of event participants (those who attend the event), of event operators (those who create and execute the event), and of all others affected by the actions of event participants and event operators; and, b. Conditions of approval for the Temporary Sales of Alcoholic Beverages are included in PMC Section 17.98.020.E.7; and,
12. Temporary Vehicle Sales, subject to the standards within PMC Section 17.98.020.E.9.
Conditions of approval for the Temporary Vehicle Sales are included in PMC Section
17.98.020.E.9.
F. Termination of Temporary Uses
1. No operator of a temporary use shall continue operation of that use beyond the time periods allowed by this Ordinance. If no maximum time period is specified in this Ordinance for the operation of the use, the operator shall not continue operation beyond the period specified in the Temporary Use Permit.
2. If the Department determines that a temporary use which is being operated pursuant to a Special Event Permit or a Temporary Use Permit is being conducted in violation of this Ordinance or the terms and conditions of such permit, the Director shall decide whether to revoke or not revoke the Permit. If the Director determines, after reviewing the information and considering the information that sufficient evidence exists of a violation, the Director may revoke the Temporary Use Permit or impose additional conditions to ensure compliance. The permittee may appeal the decision by filing an appeal as allowed and specified in PMC Section 17.20.110 (Appeal Procedures). Any suspected violation of a Conditional Use Permit with respect to a temporary use shall be regulated by PMC Chapter
17.22 (Conditional Use Permits).
G. Approval Requirements and Conditions
1. Standards for Approval
a. Temporary uses shall comply with the following criteria:
i. Unless otherwise specified in PMC Section 17.98.020 (Temporary Uses), all parcels utilized for temporary uses shall be cleaned of trash, debris, and any temporary structures within five days after termination of such event; i.ii. The City may require a cash deposit or other security as approved by the City Palmdale Municipal Code Title 17
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Attorney to defray the costs of cleanup of a parcel by the City, in the event the applicant fails to leave the property in a presentable and satisfactory condition, or to guarantee removal and/or reconversion of any temporary use to a permanent use allowed in the subject zone;
ii.iii. The temporary use shall be compatible with, and not adversely affect, adjacent uses; and,
iii.iv. The temporary use shall be allowed in the underlying zone and conform with all applicable policies of this Ordinance. The Director may establish conditions and limitations, including, but not limited to, hours of operation, provision of parking areas, signage, lighting, traffic circulation and access, temporary or permanent parcel improvements, and other measures necessary to minimize potential effects on properties adjacent to and in the vicinity of the proposed temporary use.
2. Required Findings and Decision
a. In evaluating a permit application for an allowed temporary use, the Director shall determine that the request satisfies the standards contained in this Ordinance and, if granted, is consistent with the goals, policies and objectives of the General Plan and all applicable codes and ordinances.
b. A change in ownership or operator of a use or structure subject to a Temporary Use Permit, as specified within PMC Section 17.98.020 (Temporary Uses), or an approved change or modification to the structure or use allowed on a parcel subject to such a permit, shall not affect the time periods established by this Ordinance which allow such temporary uses or structures.
H. Special Event Permit
1. A Special Event Permit shall be limited to one day events. Events that qualify as a temporary use, but are anticipated to occur for two or more days, shall be subject to PMC Section 17.98.020 (Temporary Uses). Temporary uses that qualify as a Special Event are provided in PMC Section 17.98.020.D (Uses Requiring a Special Event Permit).The following temporary uses shall qualify as a Special Event:
a. Parking lot and sidewalk sales, providing merchandise customarily sold on the premises, for businesses located within a commercially designated property, subject to the development standards and sign standards contained within this Ordinance and other applicable standards. Parking lot and sidewalk sales authorized by this Ordinance shall not include the off-site sale of any vehicle or vessel, including but not limited to, automobiles, recreational vehicles, trailers, campers, trucks, construction equipment, boats or other watercraft, or motorcycles or all-terrain vehicles;
b. Outdoor art and craft shows and exhibits;
c. Bazaars, pony rides, festivals, and similar events; and, d. Mobile health services, including medical, dental, or veterinary services, blood-mobiles or health fairs. Health fairs may include corporate massage pursuant to PMC Section
5.04.560 (Massage Establishments and Massage Technicians) and PMC Section
17.92.090 (Massage Establishment (Accessory)).
2. Grand openings and anniversary events for businesses located within a commercially designated property, subject to the development standards and sign standards contained Palmdale Municipal Code Title 17
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within this Ordinance and other applicable standards. Such events shall be limited to one day and be held no more than once annually.
1. Parades, and other events conducted within the public right-of-way shall be subject to the provisions of PMC Title 12 (Streets, Sidewalks and Public Places).
3.2. Special Event Permits shall be limited to a maximum of 10 events within a 180-day period.
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17.27 Comprehensive Development Plans
17.27.010 Purpose
The purpose of this Chapter is to establish review procedures and approval standards for projects which, due to their size, complexity, or the nature of their anticipated impacts, require comprehensive planning in order to meet the goals, policies, and objectives of the General Plan. A Comprehensive Development Plan may be either a Specific Plan or a Planned Development, depending on the size and complexity of the project as described in this Chapter.
Preparation of a Comprehensive Development Plan is appropriate for large-scale, mixed-use projects which are expected to be built in phases over a long period of time; projects which, because of topographic, environmental, or infrastructural constraints, require flexible development standards in order to achieve superior design and minimize adverse impacts; projects in which coordination is required amongst various applicants, owners and agencies to achieve a long-range development or land use plan; and projects requiring the coordination of land use planning with planning for infrastructure, public safety, circulation, open space, resource conservation, housing, or other development issues as identified in the goals, policies and objectives of the General Plan.
The review process for Comprehensive Development Plans provides a method to identify development constraints and opportunities applicable to a specific site, and to tailor the development standards to the site in order to achieve a more efficient use of the land and high quality of design. This process would result in adoption of a Specific Plan or Planned Development, as described in this Chapter.
17.27.020 Applicability
A. Review of a Comprehensive Development Plan shall be required for the following development proposals:
1. Any project proposed to be adopted as a Specific Plan, pursuant to Government Code Section 65450; and,
2. Projects which, because of the scale, intensity of use, site constraints, or anticipated impacts on infrastructure, are determined by the Director to require comprehensive planning through the Comprehensive Development Plan process.
B. A Comprehensive Development Plan may be proposed for residential, commercial, or industrial development projects, or for mixed-use projects proposing multiple uses, densities, or intensities of land use.
C. The City may approve a Comprehensive Development Plan through adoption of a Specific Plan pursuant to PMC Section 17.27.040 (Specific Plan); or, a Planned Development, pursuant to PMC Section 17.27.050 (Planned Development).
17.27.030 Application Procedures
A. A Comprehensive Development Plan may be initiated by action of the City Council, or by the owner or the authorized agent of the owner of property within the proposed project area.
B. Submittal of a Pre-Application may be required for any Comprehensive Development Plan, pursuant to PMC Section 17.20.030 (Pre-Application).
C. Any application for a Comprehensive Development Plan shall be made on a form provided for that purpose by the Department, along with the required fee as established by City Council resolution.
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D. Action By Planning Commission
1. The Planning Commission shall hold a public hearing on each application for a Comprehensive Development Plan. The hearing shall be scheduled and notice given as prescribed in PMC Section 17.20.020 (Notification Procedures).
2. The Planning Commission shall determine whether the proposed Comprehensive Development Plan is consistent with the required findings for approval pursuant to PMC Section 17.27.04030.E (Specific Plan) or PMC Section 17.27.05040.F (Planned Development), and, if so, shall recommend to the City Council that the Comprehensive Development Plan be granted, granted in a modified form, or denied.
E. Action by City Council
1. Upon recommendation of the Planning Commission to approve a proposed Comprehensive Development Plan, the City Council shall hold a public hearing. The hearing shall be scheduled and notice given as prescribed in PMC Section 17.20.020 (Notification Procedures).
2. Following the closing of a public hearing, the City Council shall determine if the Comprehensive Development Plan is consistent with the findings as specified within PMC Section 17.27.04030.E (Specific Plan) or PMC Section 17.27.05040.F (Planned Development) and may approve, modify, or deny the recommendation of the Planning Commission.
17.27.040 Specific Plan
A. Purpose and Applicability. The Specific Plan process is intended to provide a method of comprehensive planning for large scale, mixed-use development projects which are anticipated to be built in successive phases over a longer period of time than is typically granted for other development entitlements. Projects for which a Specific Plan would be appropriate would generally meet the following criteria:
1. The project site is not presently served by infrastructure and community services needed to support the proposed development, nor do comprehensive plans to provide these facilities exist;
2. The proposed mix and intensity of land uses, and their relationship to the project site, warrant consideration of special development standards and criteria beyond those otherwise provided in this Ordinance;
3. Specific development plans for each portion of the subject property are not known at the time of project review, but are anticipated to be submitted subsequently as the project develops in conformance with the approved Comprehensive Development Plan; and,
4. Due to the long-term nature of the project and the cost of providing substantial infrastructure improvements, an implementation plan addressing financing, phasing, and maintenance of public improvements is necessary to ensure the project is developed pursuant to the goals, policies, and objectives of the General Plan.
B. General Provisions
1. A Specific Plan may be proposed within any zone(s), provided that the proposed type and intensity of use is consistent with the General Plan.
2. A Specific Plan should generally be utilized for development projects of over 100 acres in area. Comprehensive planning for areas less than 100 acres in area may generally be more Palmdale Municipal Code Title 17
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appropriately accomplished through the Planned Development process as described in PMC Section 17.27.050 (Planned Development).
3. Adoption of a Specific Plan shall constitute a change of land use and zone. Upon adoption, the Official General Plan Land Use and Official Zoning Maps shall be revised to indicate the approved Specific Plan.
4. Applications for a Specific Plan may be accompanied by other applications for entitlements, which may be reviewed concurrently, provided that the effective date of any additional approvals shall be on or after the effective date of the Specific Plan.
5. Any application for a Specific Plan shall be processed pursuant to Government Code Sections 65450 through 65362 and the provisions of this Section of this Ordinance.
C. Required Contents of a Specific Plan
1. Narrative Report. The purpose of a Specific Plan narrative report is to describe the proposed development, place it within the regional setting, and provide detailed information necessary for plan review. The report may be organized in any manner necessary to present the required information. The report, however, shall be clear, concise, and organized in a logical manner to facilitate review and processing. Maps, tables, and graphic illustrations shall be required when appropriate. The required report contents shall be included as set forth in the Specific Plan Application provided by the Department, and shall include, but not be limited to, the following information:
a. Information regarding the property, developer, owner, representatives, and consultants preparing the report;
b. Table of Contents, including lists of maps and figures; c. A discussion of the nature and intent of the proposed development; d. A descriptive analysis of the project site;
e. Quantified information on the impacts of project build-out; f. A development plan for all proposed land uses in the project (including open space); g. A description of existing infrastructure, projected improvements needed to serve the project, and a plan for providing needed infrastructure, including community facilities; h. A circulation plan for the project;
i. Development standards applicable to development within the Specific Plan; j. Special design standards applicable to the project, including but not limited to, signage, landscaping, fences and walls, lighting, and entry monumentation; k. Proposed phasing of the project;
l. An implementation plan for the Specific Plan including processes for minor and major modifications for development within the Specific Plan area; m. A discussion of how the project conforms to the goals, policies and objectives of the General Plan policies and maps;
n. Creation of goals, policies and objectives for creation and implementation of development withinof the Specific Plan;
o. A discussion of how the project supports the findings required for a new Specific Plan in PMC Section 17.27.040.E; and,
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p. Identification of any concurrent requested amendments.
2. Maps. The purpose of the Specific Plan maps is to graphically depict characteristics of the project site, its regional setting, the proposed nature and intensity of development, project phasing, and other pertinent information needed for project review. All required maps shall be submitted at a reduced scale suitable for inclusion in the narrative report, as well as at a larger scale suitable for display. Required contents of maps shall be as set forth in the Specific Plan Application provided by the Department, and shall include the mapping information specified in Government Code Sections 65450 through 65362.
D. Review Procedure
1. The Planning Commission shall hold a public hearing on each proposal for a Specific Plan.
The hearing shall be scheduled and notice given as prescribed in PMC Section 17.20.020 (Notification Procedures). The Planning Commission shall determine whether the Specific Plan is consistent with this Ordinance and with the General Plan, and may recommend to the City Council that the Specific Plan be approved, or approved in modified form by the City Council, based on the appropriate findings as contained in this Chapter. If the Planning Commission determines that a proposed Specific Plan is not in conformance with the General Plan or that the findings for approval cannot be made, the Planning Commission may deny the application based upon the findings contained in this Ordinance, and their action is final unless appealed, pursuant to PMC Section 17.20.110 (Appeal Procedures).
2. Upon recommendation of the Planning Commission on a proposed Specific Plan, the City Council shall hold a public hearing. The hearing shall be scheduled and notice given as prescribed in PMC Section 17.20.020 (Notification Procedures). Following the closing of the public hearing, the City Council shall make specific findings as to whether the Specific Plan is consistent with this Ordinance and the goals, policies, and objectives of the General Plan.
The Council may adopt in modified form, or deny the Specific Plan OrdinanceResolution, based upon the appropriate findings as contained in this Chapter.
E. Required Findings for Approval. Prior to approving a Specific Plan, the following findings supported by adequate evidence shall be made by the Review Authority:
1. The distribution, location, and extent of land uses, including open space, as depicted in the Specific Plan is consistent with the General Plan;
2. The Specific Plan provides for adequate public infrastructure and services needed to support the land uses described in the plan;
3. The standards and development criteria will ensure that development proceeds in an orderly fashion and maintains a high level of quality;
4. The Specific Plan contains implementation measures to ensure that development is supported by adequate infrastructure as development occurs;
5. The site is suitable for the type and intensity of development proposed; and,
6. The flexibility in development standards afforded by the Specific Plan process has resulted in a project providing a superior design and greater amenities than would occur pursuant to more traditional zoning practices, and the project provides clear and substantial benefit to the City.
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F. Amendments and Modifications to Approved Specific Plans The process for the amendment or modification to an approved Specific Plan with appropriate findings shall be included within the Specific Plan.
17.27.050 Planned Development
A. Purpose and Applicability
The Planned Development document is intended to provide a method of comprehensive planning for smaller, less complex development projects than are typically processed with a Specific Plan, which meet the following criteria:
1. The project site contains topographic constraints, environmental resources, or other features which require special planning consideration;
2. A more efficient and desirable design can be achieved through flexible design standards and/or mixed land use patterns than can be attained through the strict adherence to zoning standards;
3. Adequate public facilities and infrastructure exist or can be provided to the project site to serve the proposed type and intensity of development; and,
4. Buildout of the Planned Development project area is anticipated within a shorter timeframe than a Specific Plan.
B. General Provisions
1. A Planned Development may be proposed within any zone provided that the type and intensity of uses is consistent with the General Plan, zoning, or any applicable Specific Plan.
2. A Planned Development should be utilized for projects that generally are less than 100 acres in area. The project site shall be of sufficient size to allow provision of design benefits and site amenities through flexibility of development regulations.
3. When adopted by the City Council, a Planned Development shall be depicted on the Official Zoning Map with an identification number that includes the base zone, for purposes of disclosure. The standards in the Planned Development shall become the governing standards for the area covered by the document. Upon termination or expiration of a previously-approved Planned Development, the Director shall remove the Planned Development identification number from the Official Zoning Map.
4. All applications for Planned Development approval may be accompanied by the appropriate applications for land use entitlements necessary for project implementation, including but not limited to, subdivision maps, Site Plan Review, Conditional Use Permit, or other applicable applications.
C. Initiation. An application for a Planned Development may be initiated by an applicant or the City Council pursuant to the application requirements specified within PMC Section 17.27.030 (Application Procedures).
D. Application Requirements. In addition to the submittal requirements for a zone change pursuant to PMC Section 17.24.010 (Zoning Map Changes), the Planned Development application shall consist of text and set of maps, in the required number of copies as specified in the application form provided by the Department, which depict the nature of the intended development. At minimum, the submittal package shall contain the following elements:
1. Map Exhibits
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a. A Development Feasibility Map showing development opportunities and constraints which could affect the project design. This map shall be prepared on a topographic base map with a contour interval of no greater than five feet or as otherwise approved by the Director. Information to be included on this exhibit may include but is not limited to slope gradients, drainage courses, seismic hazard zones, floodplain designations, easements, and utility corridors, viewsheds, significant ridgelines, existing structures, natural or cultural resources and other similar features which shall be considered in reviewing the project. This map shall also include such features offsite or adjacent to the project site, if they will impact the project design. b. A Development Plan showing the project site. The Development Plan shall indicate the type and intensity of proposed land uses (including open space) within the project site. c. A Circulation Map showing proposed locations, widths, and grades of all proposed public and/or private streets, and their relationship to existing or planned streets outside of the project boundary. The area outside of the project site to be included on the exhibit shall be appropriate to clearly demonstrate how the proposed circulation pattern integrates with the existing and proposed circulation system in the vicinity of the site.
d. An Infrastructure Plan showing how the project will be provided with sewer and water and similar utilities, its relationship to master drainage facilities, and how the project will be served by school, park, and fire services (if applicable). This plan may be prepared at a smaller scale to show the relationship of the project site to regional infrastructure and community facilities.
2. Text. The text submitted with the Planned Development application shall clearly explain the proposed project, including type, intensity, and phasing of development. At minimum, the text shall contain the following information:
a. Site information, including names, addresses and telephone numbers of owner, developer and/or builder, and consultants; legal description; description of existing site condition; total site area; slope density analysis (if applicable); and description of opportunities and constraints as depicted on the Development Feasibility Map. b. Project description, including proposed uses and percent of site area by use, including open space; proposed building footprints, including location and lot coverage; proposed floor area ratio (for commercial and industrial uses); proposed gross density (for residential uses); proposed Circulation Plan; proposed Infrastructure Plan; description of any special considerations in the project design (including, but not limited to, affordable or senior housing, hillside development restrictions, etc.); proposed phasing, including tabulation of uses or units by phase; and, proposed development schedule.
c. Special development standards, including a description of any development standards used within the Planned Development that vary from those in this Ordinance or any applicable Specific Plan, including, but not limited to, setbacks, landscaping, parking, building height, lot coverage, signs, or other standards. This Section need only address those standards which are different from those that would pertain to the site without Palmdale Municipal Code Title 17
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approval of the Planned Development and shall refer to the appropriate standard within this Ordinance, where applicable.
d. Implementation, including a description of procedures for implementation and administration of the project, including on-going maintenance of common areas and facilities.
e. Appendices, including any special studies or supporting documentation prepared for the project.
E. Review Procedure. An application for a Planned Development shall be processed as an amendment to the Zoning Map, pursuant to the procedures for a Zzone Cchange specified withinin PMC Section 17.24.010 (Zoning Map Changes).
F. Required Findings for Approval. Prior to approving a Planned Development, the following findings supported by adequate evidence shall be made by the Planning Commission and City Council:
1. The distribution, location and extent of land uses is consistent with the goals, policies, and objectives of the General Plan;
2. The site is suitable for the type and intensity of development;
3. Adequate access is provided pursuant to the Circulation Plan prepared for the project and the General Plan Mobility Element;
4. The project site is or will be provided with adequate public services and facilities to support the proposed development; and,
5. The flexibility in site development regulations contained in the Planned Development has resulted in a project demonstrating clear and substantial benefit to the City.
G. Amendments and Modifications to Approved Planned Developments. Revisions or modifications of Planned Developments may be requested by the applicant and shall be processed as follows.
1. Minor Revisions. A revision or modification to an approved Planned Development including, but not limited to, minor changes in the site design, parking or building placement, which will not increase or change the use or intensity of the site, may be acted on by the Director upon submittal of an application, required materials, and applicable fees for Minor Modification, pursuant to PMC Section 17.26.040 (Minor Modifications to Approved Plans).
2. Major Revisions. A major revision or modification to an approved Planned Development, including but not limited to, expansions, intensification, or significant revisions to the standards provided within the Planned Development shall be processed through application of a Major Modification or new Planned Development, as determined by the Director based on the extent and scope of the proposed modifications.
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17.28 Non-Conforming Uses, Structures and Parcels
17.28.010 Purpose
A. This Chapter provides regulations for non-conforming land uses, structures, and parcels that were lawful before the adoption, or amendment of this Ordinance, but which would be prohibited, regulated, or restricted differently under the current terms of this Ordinance or an amendment that changed the applicable requirements.
B. It is the intent of this Ordinance to discourage the long-term continuance of non-conformities, providing for their eventual elimination, while allowing them to exist under the limited conditions outlined in this Chapter.
C. This Chapter does not regulate non-conforming signs, which are instead subject to the requirements of PMC Chapter 17.88 (Signs).
17.28.020 Definitions
A. Non-conforming Parcel. A parcel that was legally created prior to the adoption of this Ordinance, but does not comply with the current area, width, depth, or other applicable requirements of this Ordinance.
B. Non-conforming Sign. A sign that lawfully existed prior to the effective date of this Ordinance, but does not comply with the current sign regulations of this Ordinance.
C. Non-conforming Structure. A structure that was legally constructed prior to the adoption of this Ordinance, but does not comply with the current setback, height limit, off-street parking, and/or other applicable requirements of this Ordinance.
D. Non-conforming Use. A use of land and/or a structure (either conforming or non-conforming) that was legally established and maintained prior to the adoption of this Ordinance, but does not conform to the current requirements within this Ordinance for allowable land uses within the applicable zone.
17.28.030 Restrictions on Non-Cconforming Structures and Uses A. A non-conforming land use and the use of a non-conforming structure may be continued, including transfers of ownership, provided that their continuation shall comply with the requirements of this Section. Refer to PMC Section 17.28.050 (Residential Exemptions) for exceptions regarding certain residential uses and structures.
B. Non-Cconforming Use of Land
1. A non-conforming use of land may be continued, provided that the use shall not be:
a. Enlarged or extended to occupy a greater area of land or building floor area than it lawfully occupied before becoming non-conforming; or,
b. Intensified so that its hours of operation are extended, the number of on-site employees is increased, or the volume of traffic or noise levels generated by the use are increased.
2. A non-conforming use of land may be replaced with a non-conforming use that is determined by the Director to be less intensive.
C. Non-Cconforming Structure. A non-conforming structure may continue to be used as follows:
1. Changes to, or Expansion of a Structure. A non-conforming structure may be enlarged or extended to occupy a greater area of land or building floor area than it occupied before the Palmdale Municipal Code Title 17
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effective date of the regulation that made it non-conforming, provided that any expansion or addition complies with all applicable requirements of this Ordinance.
2. Non-Cconforming Parking. Refer to PMC Section 17.28.040 (Off-street Parking Deficiency).
3. Maintenance and Repair
a. A non-conforming single-family dwelling or duplex may be maintained and repaired at the discretion of the owner. A multi-family or nonresidential structure may be maintained and repaired, provided that:
i. No structural alterations occur other than those allowed by PMC Section
17.28.030.B.4;this Chapter; and,
ii. The cost of the work done during any 12-month period does not exceed 25 percent of the value of the structure as determined by the Building Official pursuant to the Building Code.
b. Additional or more extensive changes to a non-conforming multi-family or nonresidential structure may be authorized through Minor Site Plan Review approval pursuant to PMC Section 17.26.090 (Minor Site Plan Review), provided that the Review Authority first finds that the additional work will not prolong the duration of the non- conforming structure.
4. Seismic Retrofitting, Building and Fire Code Compliance. Repairs, alterations, or reconstruction to reinforce unreinforced masonry structures or to comply with Building Code and Fire Code requirements shall be allowed, provided that the work is exclusively to comply with applicable earthquake safety standards, and the Building Code and Fire Code.
D. Non-Cconforming Keeping of Animals. The keeping of animals that was lawfully initiated, but because of later amendments to this Ordinance does not comply with the maximum number or type of animals now allowed, may continue, provided that:
1. No increase occurs in the number or type of animals existing as of the date they became non-conforming (unweaned offspring may remain on the site only until weaned); and,
2. Once the non-conforming animal keeping has ceased on the site for 90 days or longer for any reason, any animal keeping thereafter shall comply with all applicable requirements of this Ordinance.
17.28.040 Off-street Parking Deficiency
If the vehicle parking spaces maintained on a lot in connection with a building or other structure at the time this Ordinance was adopted was insufficient to meet the requirements of this Ordinance, or where no parking spaces have been provided, the building or structure shall not be altered or enlarged to create additional use, seating capacity, floor area or guestrooms, as the case may be, unless additional vehicle parking spaces are supplied and maintained to meet the requirements of this Ordinance for such additional use, dwelling units, seating capacity, floor area or guestrooms.
17.28.050 Residential Exemptions
A. Dwellings, Generally. An involuntarily damaged or destroyed single- or multi-family dwelling may be reconstructed or replaced with a new structure with the same footprint, height, and number of dwelling units, pursuant to current Building and Fire Code requirements.
B. Single-family Dwellings in Commercial Zones. A single-family dwelling that is a non-conforming use in a commercial zone may be expanded to the extent to which the expanded area complies Palmdale Municipal Code Title 17
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with all applicable standards of the applicable zone.
C. Residential Fences. A non-conforming fence within a residential zone may be maintained and replaced in the same form as it existed on the effective date of the regulation that made it non- conforming.
17.28.060 Loss of Non-Cconforming Status
The non-conforming status of a land use and/or structure shall terminate pursuant to this Section.
A. Termination by Discontinuance
1. If a non-conforming use of land or a non-conforming use of a conforming structure is discontinued for a continuous period of 12 months or more, all rights to legal non- conforming status shall terminate.
2. The Director shall base a determination of discontinuance on evidence including the removal of equipment, furniture, machinery, structures, or other components of the non- conforming use, disconnected or discontinued utilities, or no business records to document continued operation.
3. Any further use of the site or structure shall comply with all of the regulations of the applicable zone and all other applicable provisions of this Ordinance.
B. Termination by Destruction. Non-conforming status shall terminate if a non-conforming structure, or a conforming structure occupied by a non-conforming use, is involuntarily damaged or destroyed; except as provided by PMC Section 17.28.050 (Residential Exemptions) for dwellings, and except as follows:
1. If the cost of repairing or replacing the damaged portion of the structure is 50 percent or less of the assessed value of the structure immediately before damage, the structure may be restored to no more than the same size and use, and the use continued, if the restoration is started within one year of the date of damage and is diligently pursued to completion.
2. Minor Site Plan Review approval shall be required if the cost of repairing or replacing the damaged portion of the structure is more than 50 percent of the assessed value of the structure immediately before damage. Minor Site Plan Review approval shall require a finding, in addition to those contained in PMC Section 17.26.090.E, that the benefit to the public health, safety, or welfare exceeds the detriment inherent in the restoration and continuance of a non-conformity.
17.28.070 Non-cConforming Parcel
A. Legal Building Site. A non-conforming parcel that does not comply with the applicable area, width, or depth requirements of this Ordinance shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the Director by evidence furnished by the applicant:
1. Approved Subdivision. The parcel was created by a recorded subdivision;
2. Individual Parcel Legally Created by Deed. The parcel is under one ownership of record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the parcel non-conforming;
3. Variance or Lot Line Adjustment. The parcel was approved through the Variance procedure or resulted from a lot line adjustment; or,
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4. Partial Government Acquisition. The parcel was created pursuant to the provisions of this Ordinance, but was made non-conforming when a portion was acquired by a governmental entity so that the parcel size was decreased not more than 20 percent and the setback facing a public right-of-way was decreased not more than 50 percent.
B. Subdivision of a Non-conforming Parcel. No subdivision shall be approved that would increase the non-conformity of an existing parcel or any non-conforming use on the parcel.
17.28.080 Non-Cconformity Due to Lack of Conditional Use Permit A. Conformity of Uses Requiring Land Conditional Use Permits. A use lawfully existing without the approval of a Conditional Use Permit (refer to PMC Chapter 17.22 (Conditional Use Permits)) or a Minor Use Permit (refer to PMC Section 17.26.050 (Minor Use Permit)) that would be required by this Ordinance, shall be deemed conforming only to the extent that it previously existed (e.g., as it maintains the same site area boundaries, hours of operation, etc.).
B. Previous Land Use Approvals in Effect. A use that was authorized by a planning approval but is not allowed by this Ordinance in its current location may continue, but only pursuant to the original planning approval.
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Title 17. Zoning
Division 3. RESIDENTIAL ZONES
Division 3. RESIDENTIAL ZONES ............................................................................................................................. 3-1
17.30 General Purpose and Intent ................................................................................................... 3-2
17.31 Rural Single-Family Residential Zones ..................................................................................... 3-2
17.31.010 Purpose and Intent ................................................................................................................. 3-2
17.32 Single-Family Residential Zones ............................................................................................. 3-3
17.32.010 Purpose and Intent ................................................................................................................. 3-3
17.33 Residential Neighborhood Zones ............................................................................................ 3-3
17.33.010 Purpose and Intent ................................................................................................................. 3-3
17.34 Mobile Home (MH) ............................................................................................................... 3-4