DISCUSSION
The proposed project is a request to amend Title 17 of the Palmdale Municipal Code (PMC) to address inconsistencies, clarify review procedures, correct typographical errors and section references, as well as update the associated Zoning Map.
ZOA 23-001 and ZC 23-001 will amend Title 17 and the associated Zoning Map, as follows:
Clarify the noticing process for Site Plan Review applications. Clarify PMC Section references within the permissions tables for Residential, Commercial/Office, and Mixed-Use zones.
Modify allowable uses within the permissions tables for Industrial, Public Facilities and Open Space zones.
Clarify PMC Section references and footnotes within development standards tables for Single-Family Residential, Commercial/Office, and Industrial zones. Clarify allowable material and height for walls and fences. Modify the required number of vehicle parking spaces for uses. Modify review procedures for by-right affordable residential developments. Clarify standards and requirements for two-unit developments and urban lot splits in single-family zones.
Modify the zoning designation for an existing mobile home park, located at the northwest corner of East Avenue R and 65th Street East from RN1 (Residential Neighborhood 1) to MH (Mobile Home).
The proposed amendments are necessary to clarify review procedures and inconsistencies in a continued effort to streamline processes and provide flexibility.
FISCAL IMPACT
None.
Report to Mayor and City Council
Re: ZOA 23-001 and ZC 23-001
August 16, 2023
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: 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, Interim City Attorney
ATTACHMENT
1. Ordinance No. 1613
CITY OF PALMDALE
COUNTY OF LOS ANGELES, CALIFORNIA
ORDINANCE NO. 1613
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING ZONING ORDINANCE AMENDMENT 23-001 AND ZONE
CHANGE 23-001; A REQUEST TO MODIFY TITLE 17 OF THE
PALMDALE MUNICIPAL CODE TO ADDRESS INCONSISTENCIES,
CORRECT TYPOGRAPHICAL ERRORS, UPDATE THE ASSOCIATED
ZONING MAP AND FIND THAT THE AMENDMENT IS CONSISTENT
WITH PROGRAM ENVIRONMENTAL IMPACT REPORT (PEIR) 22-002
PREPARED AND CERTIFIED IN CONJUNCTION WITH CITY’S
GENERAL PLAN (PALMDALE 2045)
A. RECITALS
WHEREAS, the City of Palmdale (City) has filed applications that apply to the City and the City’s sphere of influence, requesting approval of Zoning Ordinance Amendment (ZOA) 23-001 and Zone Change (ZC) 23-001, to address inconsistencies, clarify review procedures, correct typographical errors and section references, as indicated in Exhibit I and update the associated Zoning Map as shown within Exhibit II (hereinafter 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) through ZOA 21-007;
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;
WHEREAS, on March 15, 2023, the City Council of the City of Palmdale adopted Ordinance No. 1613 for the comprehensive Zoning Code and Map update.
Subsequently, City staff have identified minor amendments to Title 17, which are necessary to address inconsistencies, clarify review procedures, correct typographical errors and section references, as well as update the associated Zoning Map; WHEREAS, on July 20, 2023, the Planning Commission of the City of Palmdale adopted Resolution No. PC-2023-015 recommending City Council approval of ZOA 23-001 and ZC 23-001; and,
WHEREAS, on August 16, 2023, the City Council of the City of Palmdale conducted a duly noticed public hearing on the Application and concluded said hearing Ordinance No. 1613
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 August 16, 2023.
B. ORDINANCE
THE CITY COUNCIL OF THE CITY OF PALMDALE DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A of this Ordinance, are true and correct.
SECTION 2 . The City Council hereby finds as follows with respect to the environmental documentation:
(a) PEIR 22-002 (State Clearinghouse # 2021060494) was prepared and certified by the City Council (Resolution No. CC 2022-096) on September 21, 2022, for approval of the City’s General Plan (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. The ZOA and ZC ensures consistency between Palmdale 2045 and the PMC. Staff review has determined that a subsequent or supplemental PEIR as described in California Environmental Quality Act (CEQA) Guidelines Sections 15162, 15163, or 15164, is not required because the proposed Application modifies language in the PMC to ensure compliance with the 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. (b) The custodian of records for the environmental document, and all other materials which constitute the record of proceedings upon which the City Council 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.
Ordinance No. 1613
SECTION 3 . Based upon substantial evidence presented to the City Council during the August 16, 2023, public hearing, including public testimony and written and oral staff reports, the City Council specifically finds as follows:
(a) The proposed ZOA conforms with the goals, objectives, and policies of the General Plan. (ZOA) (ZC)
(b) The proposed ZOA is necessary to implement the General Plan and to provide the public safety, convenience and/or general welfare. (ZOA) This Application will ensure consistency with the goals, policies, and objectives of Palmdale 2045, because the Application will address inconsistencies, clarify review procedures, correct typographical errors and section references, as well as update the Zoning Map to reflect the modifications included as necessary.
(c) The proposed Zone Change will not have a substantial adverse effect on surrounding properties or the community in general. (ZC) With the adoption of Palmdale 2045, new land use designations were incorporated within the document and its associated map. Therefore, the Application is required to update the zoning designation as needed to be consistent with the recently adopted General Plan land use map.
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 ZOA 23-001 and ZC 23-001 to amend Title 17 of the PMC to address inconsistencies, clarify review procedures, correct typographical errors and section references, as well as update the associated Zoning Map as shown in Exhibits I and II of this Ordinance.
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 Ordinance No. 1613
ineffective, provided the basic purposes of this Ordinance and the benefits to the City and the public are not substantially impaired.
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 16th day of August, 2023. _________________________________
Approved as to form: Laura Bettencourt, Mayor
ATTEST:
___________________________ ________________________________ William P. Curley, III, Rochelle Scott, Acting City Clerk Interim City Attorney
I, Rochelle Scott, Acting City Clerk of the City of Palmdale, California, do hereby certify that the foregoing Ordinance was duly introduced, 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___ effective on the ____ day of ___________, 20___ by the following roll call vote:
AYES:
NOES:
ABSTAIN: ABSENT:
Date:
Rochelle Scott, Acting City Clerk
EXHIBIT I
17.20.010 Review Procedures
C. Owner-occupied and rental multifamily residential development that have 20 percent of the units reserved for lower-income households shall be allowed by-right.
CD. Review Authority and the procedures for each approval type are summarized in PMC Table 17.20.010-1 (Review Authority), below.
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.AB.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). Prior to rendering a decision, the Director shall provide written notice to all property owners within a 300-foot radius of the requested Site Plan Review. The notice shall contain a description of the type and location of the requested 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.
17.26.090 Minor Site Plan Review
G. Time Limits and Extensions for Minor 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).
17.26.100 Temporary Use and Special Event Permits
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).
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 Review pursuant to PMC Section 17.26.090 (Minor Site Plan Review);
Exhibit I
17.35 Land Use Regulations
Table 17.35.020-1. Allowed Uses – Residential Zones
ResidenƟal Zones
Use ER LDR SFR1 SFR2 SFR3 RN1 RN2 RN3/RN4 MH Specific Use RegulaƟons Aerospace Uses
Aerospace Manufacturing - - - - - - - - -
Aerospace Services - - - - - - - - -
Agriculture & Animal Keeping Uses ER LDR SFR1 SFR2 SFR3 RN1 RN2 RN3/RN4 MH Specific Use RegulaƟons Agricultural Support, Sales, Service, and
Storage - - - - - - - - -
Animal Husbandry and ProducƟon - - - - - - - - - Animal Raising and Keeping, DomesƟc A A A A A A A A A See PMC Chapter 17.89 (Animal Keeping) Animal Raising and Keeping, ExoƟc - - - - - - - - - Animal Raising and Keeping, Horses A A A A A - - - - PermiƩed only on lots 20,000 square feet
or greater. See PMC Chapter 17.89 (Animal
Keeping).
Animal Raising and Keeping, Livestock A A A A A - - - - PermiƩed only on lots 20,000 square feet
or greater. See PMC Chapter 17.89 (Animal
Keeping).
Animal Raising and Keeping, Poultry
and Beekeeping A A A A A - - -
PermiƩed only on lots 20,000 square feet
or greater, provided that said birds are kept
or maintained for the private use of
members of the family residing on the
premises. Excludes roosters and peafowl.
See PMC Chapter 17.89 (Animal Keeping).
Aquaculture - - - - - - - - -
Crop ProducƟon MUP - - - - - - - -
Farmstands A - - - - - - - -
Garden/Greenhouse, Private A A A A A A A A A
HorƟcultural ProducƟon MUP - - - - - - - -
Kennels, Private/Hobby MUP MUP MUP - - - - - - See PMC Chapter 17.89 (Animal Keeping) Stable/Equestrian Facility,
Commercial/Public CUP CUP - - - - - - -
Exhibit I
ResidenƟal Zones
Use ER LDR SFR1 SFR2 SFR3 RN1 RN2 RN3/RN4 MH Specific Use RegulaƟons Stable/Equestrian Facility,
Hobby/Private A A A - - - - - - See PMC Chapter 17.89 (Animal Keeping) Automobile and Vehicle Uses
ER LDR SFR1 SFR2 SFR3 RN1 RN2 RN3/RN4 MH Specific Use RegulaƟons Fueling StaƟon - - - - - - - - -
See PMC SecƟon 17.92.070 (Fueling
StaƟon/Vehicle and Equipment Services
and Repair).
Travel Center - - - - - - - - -
See PMC SecƟon 17.92.070 (Fueling
StaƟon/Vehicle and Equipment Services
and Repair).
Vehicle and Equipment Services and
Repair, Major - - - - - - - - -
See PMC SecƟon 17.92.070 (Fueling
StaƟon/Vehicle and Equipment Services
and Repair).
Vehicle and Equipment Services and
Repair, Minor - - - - - - - - -
See PMC SecƟon 17.92.070 (Fueling
StaƟon/Vehicle and Equipment Services
and Repair).
Vehicle Rental - - - - - - - - -
Vehicle Sales, New - - - - - - - - -
See PMC SecƟon 17.92.070 (Fueling
StaƟon/Vehicle and Equipment Services
and Repair).
Vehicle Sales, Used - - - - - - - - -
Vehicle Sales and Rental, Large Vehicles
and Equipment - - - - - - - - -
See PMC SecƟon 17.92.070 (Fueling
StaƟon/Vehicle and Equipment Services
and Repair).
Vehicle Towing/Impounding - - - - - - - - - See PMC SecƟon 17.93.040 (Vehicle Towing/Impounding)
Vehicle Washing & Detailing - - - - - - - - - See PMC SecƟon 17.92.180 (Vehicle Washing and Detailing)
Vehicle Wrecking/Dismantling - - - - - - - - - See PMC SecƟon 17.93.030 (Salvage Yards) EaƟng and Drinking Establishments & Entertainment Uses
ER LDR SFR1 SFR2 SFR3 RN1 RN2 RN3/RN4 MH Specific Use RegulaƟons Bar/Nightclub/Lounge - - - - - - - - - See PMC SecƟon 17.92.020 (Alcoholic Beverage Establishments)
Brewpub/Taproom/Wine
Bar/MicrodisƟllery - - - - - - - - - See PMC SecƟon 17.92.020 (Alcoholic Beverage Establishments)
Exhibit I
ResidenƟal Zones
Use ER LDR SFR1 SFR2 SFR3 RN1 RN2 RN3/RN4 MH Specific Use RegulaƟons Café/Bakery - - - - - - - - -
Cinema/Theater/Performing Arts
Center - - - - - - - - -
Live Entertainment as Accessory Use,
Indoor (Accessory) - - - - - - - - -
Live Entertainment as Accessory Use,
Outdoor (Accessory) - - - - - - - - -
Regular outdoor events as an accessory use
require an MUP . Sporadic events require a
TUP (See PMC SecƟon 17.98.020
(Temporary Uses)).
Outdoor Dining (Accessory) - - - - - - - - - See PMC SecƟon 17.92.100 (Outdoor Dining)
Outdoor Entertainment - - - - - - - - -
Restaurant, Bona Fide - - - - - - - - - See PMC SecƟon 17.92.020 (Alcoholic Beverage Establishments)
Restaurant, Dine-In and Take-Out - - - - - - - - - Restaurant, Drive-Through - - - - - - - - - See PMC SecƟon 17.92.050 (Drive-Through Restaurants and Drive-Through Services)
Film, Research and Development
ER LDR SFR1 SFR2 SFR3 RN1 RN2 RN3/RN4 MH Specific Use RegulaƟons Film ProducƟon & Post ProducƟon - - - - - - - - - Research & Development - - - - - - - - -
Industrial and Manufacturing Uses
ER LDR SFR1 SFR2 SFR3 RN1 RN2 RN3/RN4 MH Specific Use RegulaƟons ArƟsan Manufacturing/Makers Space - - - - - - - - - Brewery/DisƟllery/Winery - without
tasƟng room or > 10,000 sf - - - - - - - - -
Brewery/DisƟllery/Winery - with tasƟng
room and <10,000 sf - - - - - - - - - See PMC SecƟon 17.92.020 (Alcoholic Beverage Establishments)
Commercial Vehicle Parking (Primary) - - - - - - - - - See PMC SecƟon 17.93.010 (Commercial Vehicle Parking as a Primary Use)
ConstrucƟon and Materials Yards - - - - - - - - - Food or Beverage Manufacturing - - - - - - - - - Hazardous Materials Facility - - - - - - - - - See PMC Chapter 17.96 (Hazardous Materials FaciliƟes)
Exhibit I
ResidenƟal Zones
Use ER LDR SFR1 SFR2 SFR3 RN1 RN2 RN3/RN4 MH Specific Use RegulaƟons Indoor Warehousing, Storage,
Wholesaling, and DistribuƟon - - - - - - - - -
Manufacturing, Outdoors - - - - - - - - -
Manufacturing/Processing, Light - - - - - - - - - Manufacturing/Processing, Heavy - - - - - - - - - Mining/Resource ExtracƟon - - - - - - - - -
See PMC SecƟon 17.67. 070120 (Mining
and Quarry Special Standards) and PMC
Chapter 17.102 (Surface Mining and
ReclamaƟon)
Mini-Storage Warehousing or Facility - - - - - - - - - See PMC SecƟon 17.93.020 (Mini-Storage Warehousing or Facility)
Outdoor Storage (Accessory) - - - - - - - - - See PMC SecƟon 17.92.120 (Outdoor Storage (Primary and Accessory)
Outdoor Storage (Primary) - - - - - - - - - See PMC SecƟon 17.92.120 (Outdoor Storage (Primary and Accessory)
Outdoor Storage (Temporary) T; TUP T; TUP - - - - - - - If less than 72 hours, allowed by right (T). If
over 72 hours, a TUP is required per PMC
SecƟon 17.26.100 (Temporary Use and
Special Event Permits). See also PMC
SecƟon 17.98.020 (Temporary Uses).
Salvage Yards - - - - - - - - - See PMC SecƟon 17.93.0230 (Salvage Yards)
Temporary Buildings or Storage
FaciliƟes (Temporary and Accessory) - - - - - - - - - See PMC SecƟon 17.98.020 (Temporary Uses)
Lodging
ER LDR SFR1 SFR2 SFR3 RN1 RN2 RN3/RN4 MH Specific Use RegulaƟons Bed and Breakfast MUP MUP MUP MUP MUP MUP - - -
Lodging - Extended Stay - - - - - - - - -
Lodging - Hotels - - - - - - - - -
Lodging - Motels - - - - - - - - -
Lodging - Timeshares - - - - - - - - -
Public, Quasi-Public and InsƟtuƟonal Uses
ER LDR SFR1 SFR2 SFR3 RN1 RN2 RN3/RN4 MH Specific Use RegulaƟons
Exhibit I
ResidenƟal Zones
Use ER LDR SFR1 SFR2 SFR3 RN1 RN2 RN3/RN4 MH Specific Use RegulaƟons Civic/Government MUP MUP MUP MUP MUP MUP MUP MUP -
Cultural InsƟtuƟons CUP CUP CUP CUP CUP CUP CUP CUP -
Hospital - - - - - - - - -
Public Service Facility MUP MUP MUP MUP MUP MUP MUP MUP - Social Service FaciliƟes - - - - - - MUP MUP - See PMC SecƟon 17.94.040 (Social Service FaciliƟes with Congregate Meal FaciliƟes)
RecreaƟon, EducaƟon, and Public Assembly Uses
ER LDR SFR1 SFR2 SFR3 RN1 RN2 RN3/RN4 MH Specific Use RegulaƟons AthleƟc Fields, Unlighted P P P P P P P P -
AthleƟc Fields, Lighted CUP CUP CUP CUP CUP CUP CUP CUP - Campground CUP CUP - - - - - - -
Cemeteries, Crematories, or
Mausoleums CUP CUP CUP - - - - - -
College/University - - - - - - - - -
Commercial RecreaƟon and Sports,
Indoor - - - - - - - - -
Commercial RecreaƟon and Sports,
Outdoor CUP CUP CUP CUP CUP - - - - See PMC SecƟon 17.94.030 (Golf Courses) Community Assembly, ≤ 5,000 sf (gross
sf) P P P P P P P P - See PMC SecƟon 17.94.010 (Community Assembly Uses)
Community Assembly, 5,001 sf - 12,000
sf (gross sf) MUP MUP MUP MUP MUP MUP MUP MUP - See PMC SecƟon 17.94.010 (Community Assembly Uses)
Community Assembly, > 12,000 sf
(gross sf) CUP CUP CUP CUP CUP CUP CUP CUP - See PMC SecƟon 17.94.010 (Community Assembly Uses)
Family Day Care Center CUP CUP CUP CUP CUP CUP CUP CUP - See PMC SecƟon 17.92.060 (Family Day Care Center)
InstrucƟonal Services, ≤ 5,000 sf - - - - - - - - - InstrucƟonal Services, > 5,001 sf - - - - - - - - - Open Space, Natural P P P P P P P P -
Exhibit I
ResidenƟal Zones
Use ER LDR SFR1 SFR2 SFR3 RN1 RN2 RN3/RN4 MH Specific Use RegulaƟons Parks and RecreaƟon FaciliƟes P P P P P P P P - See PMC SecƟon 17.94.030 (Golf Courses) Retreat Center CUP CUP - - - - - - -
RecreaƟonal Vehicle (RV) Park CUP CUP - - - - - - - Schools, Public or Private (TK-12) CUP CUP CUP CUP CUP CUP CUP CUP - Tutoring FaciliƟes - - - - - - - - -
VocaƟonal/Trade School, ≤ 10,000 sf - - - - - - - - - VocaƟonal/Trade School, > 10,001 sf - - - - - - - - -
ResidenƟal Uses
ER LDR SFR1 SFR2 SFR3 RN1 RN2 RN3/RN4 MH Specific Use RegulaƟons Accessory Dwelling Unit (ADU) and
Junior Accessory Dwelling Unit (JADU)
(Accessory)
A A A A A A A A -
See PMC SecƟon 17.91.010 (Accessory
Dwelling Units and Junior Accessory
Dwelling Unit Standards)
Agricultural Worker Housing P P - - - - - - -
Caretaker's Unit (Accessory) - - - - - - - - - See PMC SecƟon 17.91.030 (Caretaker’s Units (Accessory))
Child Day Care in a Home P P P P P P P P P
CoƩage Food OperaƟon (Accessory) A, MUP A, MUP A, MUP A, MUP A, MUP A, MUP A, MUP A, MUP - See PMC SecƟon 17.91.040 (CoƩage Food
OperaƟon
CoƩage Industry (Accessory) A, MUP A, MUP A, MUP A, MUP A, MUP A, MUP A,
MUP A, MUP -
Emergency Shelters - - - - - - - - - See PMC SecƟon 17.94.020 (Emergency Shelters)
Group ResidenƟal Home - - - - - CUP CUP CUP -
Home OccupaƟon (Accessory) A A A A A A A A A
Live/Work - - - - - - - - -
Model Home (on-site) TUP TUP TUP TUP TUP TUP TUP TUP TUP See PMC SecƟon 17.98.020 (Temporary Uses)
Manufactured/Mobile Home Park - - - - - - - - CUP See PMC SecƟon 17.91.050
(Manufactured/Mobile Home Parks) and
17.91.060 (Manufactured/Mobile Home
Park Closures)
Exhibit I
ResidenƟal Zones
Use ER LDR SFR1 SFR2 SFR3 RN1 RN2 RN3/RN4 MH Specific Use RegulaƟons ResidenƟal Care FaciliƟes, Small P P P P P P P P -
ResidenƟal Care FaciliƟes, Large CUP CUP CUP CUP CUP CUP CUP CUP - See PMC SecƟon 17.91.070 (ResidenƟal Care FaciliƟes, Large)
ResidenƟal Housing Types
Single-Family Dwelling, AƩached - - - - P P P P ¹ - Single-Family Dwelling, Detached P P P P P P P P ¹ -
Two-Family Dwelling/Duplex - - - - P P P P -
MulƟ-Family Dwelling,
Triplex/Quadplex - - - - P P P P -
MulƟ-Family ResidenƟal, ≥ 5 Units - - - - - P P P - Manufactured/Mobile Home - - - - - - - - CUP
Single-Room Occupancy - - - - - - CUP CUP -
Sober Living Home - - CUP CUP CUP - - - - See PMC SecƟon 17.91.080 (Sober Living Home)
SupporƟve Housing CUP CUP CUP CUP CUP CUP CUP CUP -
TransiƟonal Housing CUP CUP CUP CUP CUP CUP CUP CUP -
Yard Sales (Temporary Use) T T T T T T T T T See PMC SecƟon 17.98.020 (Temporary Uses)
Retail, Service, and Office Uses
ER LDR SFR1 SFR2 SFR3 RN1 RN2 RN3/RN4 MH Specific Use RegulaƟons Adult-Oriented Business - - - - - - - - - See PMC SecƟon 17.92.010 (Adult-Oriented Businesses)
Alcohol & Drug Treatment Facility, Large - - - - - - - - - See PMC SecƟon 17.91.020 (Alcohol and Drug Treatment Facility)
Alcohol & Drug Treatment Facility, Small MUP MUP MUP MUP MUP MUP MUP MUP - Alcohol Sales, Off-Sale - - - - - - - - - See PMC SecƟon 17.92.020 (Alcoholic Beverage Establishments)
Animal Sales and Services - - - - - - - - -
AucƟon Sales, Indoor - - - - - - - - -
AucƟon Sales, Outdoor - - - - - - - - -
ATM (Accessory) - - - - - - - - -
Bail Bonds - - - - - - - - -
Banks, Financial, Savings and Loan
InsƟtuƟons - - - - - - - - -
Building Materials Sales and Services - - - - - - - - -
Exhibit I
ResidenƟal Zones
Use ER LDR SFR1 SFR2 SFR3 RN1 RN2 RN3/RN4 MH Specific Use RegulaƟons Business to Business Support Services - - - - - - - - - Check-Cashing Businesses - - - - - - - - -
Convenience Market - - - - - - - - -
See PMC SecƟons 17.92.030 (Convenience
Markets) and PMC SecƟon 17.92.020
(Alcoholic Beverage Establishments)
Drive-Through Services (Accessory) - - - - - - - - - See PMC SecƟon 17.92.050 (Drive-Through Restaurants and Drive-Through Services)
Farmer’s Market (Temporary) - - - - - - - - - See PMC SecƟon 17.98.020 (Temporary Uses)
Food PreparaƟon, Commercial - - - - - - - - -
Fortunetelling, Palm and Card Reading - - - - - - - - - Funeral Homes and Mortuaries - - - - - - - - -
General Retail ≤ 5,000 sf - - - - - - - - -
General Retail 5,001 sf - 25,000 - - - - - - - - - General Retail/Superstore > 25,000 - - - - - - - - - Grocery Store - - - - - - - - -
Kennels/Boarding, Commercial CUP CUP - - - - - - - PermiƩed only on lots of 20,000 square
feet or greater. See PMC SecƟon 17.92.080
(Kennels/Boarding, Commercial).
Kiosk/Outdoor Vending - - - - - - - - -
Laundromat - - - - - - - - -
Massage Establishment, Accessory
(Accessory) - - - - - - - - - See PMC SecƟon 17.92.090 (Massage Establishment (Accessory))
Massage Establishment, Stand-Alone - - - - - - - - - Medical Services, Extended Care - - - - - - - - - Medical Services,
Medical/Dental/HolisƟc/Clinic - - - - - - - - - Medical Services, Urgent Care - - - - - - - - - Microblading/Permanent Makeup - - - - - - - - - Neighborhood Market - - - - - - - - -
Nursery/Garden Center CUP CUP - - - - - - -
Office, Processing - - - - - - - - -
Office, Professional/AdministraƟve - - - - - - - - - Office, Service - - - - - - - - -
Exhibit I
ResidenƟal Zones
Use ER LDR SFR1 SFR2 SFR3 RN1 RN2 RN3/RN4 MH Specific Use RegulaƟons Outdoor Display - - - - - - - - - See PMC SecƟon 17.92.110 (Outdoor Display)
Pawnshop - - - - - - - - - See PMC SecƟon 17.92.130 (Pawnshops) Personal Services - - - - - - - - -
Pet Daycare - - - - - - - - - See PMC SecƟon 17.92.140 (Pet Daycare) Resale/Consignment/ThriŌ Shop - - - - - - - - - Smoking Lounge - - - - - - - - -
Smoke Shop - - - - - - - - - See PMC SecƟon 17.92.150 (Smoke Shop) Swap Meet, Indoor - - - - - - - - -
Swap Meet, Outdoor - - - - - - - - - See PMC SecƟon 17.92.160 (Swap Meet, Outdoor)
TaƩoo/Body Art/Piercing - - - - - - - - - See PMC SecƟon 17.92.170 (TaƩoo/Body Art/Piercing Establishments)
Temporary Real Estate Sales Office
(Temporary) TUP TUP TUP TUP TUP TUP TUP TUP - See PMC SecƟon 17.98.020 (Temporary Uses)
Veterinary Hospitals CUP CUP - - - - - - - See PMC 17.92.190 (Veterinary Hospitals) UƟlity, TransportaƟon, and CommunicaƟon Uses
ER LDR SFR1 SFR2 SFR3 RN1 RN2 RN3/RN4 MH Specific Use RegulaƟons Airports and Heliports - - - - - - - - -
Co-located Small Wind Energy Systems
(CSWES) (Accessory) - - - - - - - - - See PMC SecƟon 17.99.010 (Co-located Small Wind Energy Systems (CSWES))
CommunicaƟon/Wireless
TelecommunicaƟons FaciliƟes, Major - - - - - - - - - See PMC SecƟon 17.95.010
(CommunicaƟon/Wireless
TelecommunicaƟons FaciliƟes)
CommunicaƟon/Wireless
TelecommunicaƟons FaciliƟes, Minor MUP MUP MUP MUP MUP MUP MUP MUP - See PMC SecƟon 17.95.010
(CommunicaƟon/Wireless
TelecommunicaƟons FaciliƟes)
CommunicaƟons, FaciliƟes within
Buildings - - - - - - - - -
Freight/Trucking Facility - - - - - - - - - Light Fleet-Based Services - - - - - - - - - Parking Lots & Structures - - - - - - - - - Passenger TransportaƟon FaciliƟes - - - - - - - - - Recycling CollecƟon Facility, Large - - - - - - - - - See PMC Chapter 17.97 (Recycling FaciliƟes)
Exhibit I
ResidenƟal Zones
Use ER LDR SFR1 SFR2 SFR3 RN1 RN2 RN3/RN4 MH Specific Use RegulaƟons Recycling CollecƟon Facility, Small - - - - - - - - - See PMC Chapter 17.97 (Recycling FaciliƟes)
Recycling Processing Facility, Heavy - - - - - - - - - See PMC Chapter 17.97 (Recycling FaciliƟes)
Recycling Processing Facility, Light - - - - - - - - - See PMC Chapter 17.97 (Recycling FaciliƟes)
Reverse Vending Machine - - - - - - - - - See PMC Chapter 17.97 (Recycling FaciliƟes)
Sanitary Landfills - - - - - - - - - See PMC SecƟon 17.98.010 (Sanitary Landfills)
Small ResidenƟal Wind Generator
Systems (SRWGS) (Accessory) A, MUP A, MUP A, MUP A, MUP A, MUP - - - - See PMC SecƟon 17.99.020 (Small
ResidenƟal Wind Generator Systems
(SRWGS))
Solar Energy System (Primary) - - - - - - - - - See PMC SecƟon 17.99.030 (Solar Energy System (Primary))
UƟliƟes, Major CUP CUP - - - - - - -
UƟliƟes, Minor MUP MUP MUP MUP MUP MUP MUP MUP -
UƟlity Yard - - - - - - - - -
Notes:
1. PermiƩed within RN3 only
Exhibit I
17.36 Development Regulations
Table 17.36.010-1. Development Standards – Single-Family Residential ResidenƟal Zones - Single-Family ResidenƟal Development Standards Standards ER LDR SFR1 SFR2 SFR3 RN1 RN2 RN3 AddiƟonal RegulaƟons Maximum Unit Size
per Dwelling Unit (sf)
(for SFR)
- - - - - 3,500 3,000 2,500 Inclusive of aƩached garage space.
Maximum Lot
Coverage (% of lot) 20 30 30 40 50 60 75 NA See PMC SecƟon 17.17.050 (Floor Area and Lot Coverage).
Building Form and LocaƟon
Maximum Height
(Ō)/Stories - Primary
Structure
35/2
stories 35/2 stories 35/2 stories 35/2 stories 35/2 stories 35/2.5 stories 40/3 stories 50/4 stories Projects must comply with both stories and
overall height maximums. See PMC Section
17.17.030 (Measuring Heights).
Architectural features may project above
the maximum height by five feet.
Architectural features include rooftop stair
access and elevator shafts, mechanical
equipment, or other rooftop amenities, as
approved by the Director.
Maximum Height
(Ō)/Stories -
Accessory Building
40/2
stories 40/2 stories 17/1 story 17/1 story 17/1 story 17/1 story 17/1 story 17/1 story Minimum Distance
between Structures
(both between main
structures and
accessory structures)
See PMC SecƟon 17.82.050 (Distance Between Buildings in ResidenƟal and Mixed-Use Zones) Lot Setbacks -
Minimums (Ō) Applies to individual lots within a development site.
Front (primary
frontage)3 35 25 20 15 15 10 5 5
For new single-family attached and
detached dwelling units, front-loaded
garages shall be set back at minimum 20
feet from the property line.
For RN3, front-loaded parking is not
allowed.
Street Side (corner
lots)2 35 25 20 15 15 10 5 5
Interior Side 25 20 15
5 Ō minimum
on one side of
the dwelling
5 Ō minimum on
one side of the
dwelling unit,
5 5 5
Only applies to detached single-family
dwellings and the ends of attached single-
family dwellings.
Exhibit I
ResidenƟal Zones - Single-Family ResidenƟal Development Standards Standards ER LDR SFR1 SFR2 SFR3 RN1 RN2 RN3 AddiƟonal RegulaƟons unit, and 10 Ō
minimum
required on the
garage side
and 10 Ō
minimum
required on the
garage side
Where a railroad right-of-way is located
along the side setback of a lot, the
minimum side setback for the habitable
residential structure(s) on the lot shall be
50 feet.
Open Space Standards
Minimum Usable
Open Space (sf per
unit)
- - - - -
300 sf total per
unit, of which 150
Ō must be private
200 sf total per
unit, minimum 100
sf of private open
space required for
ground-level units
and 60 sf of
private open space
for upper-level
units
200 sf total per
unit; minimum 100
sf of private open
space for ground-
level units and 60
sf of private open
space for upper-
level units
Setback areas are not considered usable
open space unless they are at least 20 feet
wide. Minimum private open space is 6 feet
in either direction.
See PMC Section 17.38.050 (Open Space).
Maximum front yard
paving A maximum of 40 percent of the required front yard setback, excluding the driveway, shall be covered with impervious surfaces.
Minimum Required
Landscaping See PMC SecƟon 17.397.0310.G (Detached Single-Family ResidenƟal Standards) See PMC SecƟon 17.86.010 (Landscaping Requirements)
Other Standards
See addiƟonal standards in PMC Chapter 17.37 (Supplemental Standards for Single-Family ResidenƟal Development), Division 8 (General Standards of Development), Division 9 (Special RegulaƟons), Division 10 (Environmental Management), and the City of Palmdale MulƟ- Family and Mixed-Use Design Standards (Adopted by Ordinance 1594)
Exhibit I
17.39.040 Standards and Requirements
A. Standards. The proposed Two-Unit Development shall comply with all objective development standards and design review standards in Division 3 (Residential Zones) of this Ordinance applicable to the parcel as provided in the zone in which the parcel is located, and objective subdivision standards in PMC Title 16 (Subdivisions) provided, however, that:
8. Access. All lots shall have existing access, provide new access, or adjoin the public right-of-way. All access drives shall have a minimum width of 10 12 feet.
B. Rental Period. Dwelling units created through the Two-Unit Development process may be used for residential uses only and may not be used for rentals of less than 30 31 days.
17.47 Land Use Regulations
Table 17.47.020-1 Allowed Uses – Commercial/Office Zones Commercial/Office Zones
Use NC RC VC MEDFX EDFX OFX Specific Use Regulations
Aerospace Uses Aerospace Manufacturing - - - - - - Aerospace Services - - - - - -
Agriculture & Animal Keeping Uses NC RC VC MEDFX EDFX OFX Specific Use Regulations Agricultural Support, Sales, Service, and
Storage - - - - - -
Animal Husbandry and Production - - - - - -
Animal Raising and Keeping, Domestic - A - - A - See PMC Chapter 17.89 (Animal Keeping) Animal Raising and Keeping, Exotic - - - - - - See PMC Chapter 17.89 (Animal Keeping) Animal Raising and Keeping, Horses - - - - - - See PMC Chapter 17.89 (Animal Keeping) Animal Raising and Keeping, Livestock - - - - - - See PMC Chapter 17.89 (Animal Keeping) Animal Raising and Keeping, Poultry and
Beekeeping - - - - - - See PMC Chapter 17.89 (Animal Keeping) Aquaculture - - - - - -
Crop Production - - - - - -
Exhibit I
Commercial/Office Zones
Use NC RC VC MEDFX EDFX OFX Specific Use Regulations
Farmstands - - - - - -
Garden/Greenhouse, Private A A A A A A
Horticultural Production - - - - - -
Kennels, Private/Hobby - - - - - -
Stable/Equestrian Facility, Commercial/Public - - - - - - Stable/Equestrian Facility, Hobby/Private - - - - - - See PMC Chapter 17.89 (Animal Keeping) Automobile and Vehicle Uses NC RC VC MEDFX EDFX OFX Specific Use Regulations Fueling Station CUP MUP P - - -
All vehicle repair work shall be conducted within an enclosed structure only. See PMC Section 17.92.070 (Fueling Station/Vehicle and Equipment Services and Repair).
Travel Center - CUP P - - -
All vehicle repair work shall be conducted within an enclosed structure only. See PMC Section 17.92.070 (Fueling Station/Vehicle and Equipment Services and Repair).
Vehicle and Equipment Services and Repair,
Major - CUP CUP - - -
All vehicle repair work shall be conducted within an enclosed structure only. See PMC Section 17.92.070 (Fueling Station/Vehicle and Equipment Services and Repair).
Vehicle and Equipment Services and Repair,
Minor MUP MUP P CUP - -
All vehicle repair work shall be conducted within an enclosed structure only. See PMC Section 17.92.070 (Fueling Station/Vehicle and Equipment Services and Repair).
Vehicle Rental CUP MUP P - - -
Vehicle Sales, New - - - - - -
Vehicle Sales, Used - - - - - -
Vehicle Sales and Rental, Large Vehicles and
Equipment - CUP CUP - - -
All vehicle repair work shall be conducted within an enclosed structure only. See PMC Section 17.92.070 (Fueling Station/Vehicle and Equipment Services and Repair).
Vehicle Towing/Impounding - - - - - - See PMC Section 17.93.040 (Vehicle Towing/Impounding) Vehicle Washing & Detailing CUP P P - - - See PMC Section 17.92.180 (Vehicle Washing and Detailing) Vehicle Wrecking/Dismantling - - - - - - See PMC Section 17.93.030 (Salvage Yards) Eating and Drinking Establishments & Entertainment Uses NC RC VC MEDFX EDFX OFX Specific Use Regulations Bar/Nightclub/Lounge CUP CUP CUP - - - See PMC Section 17.92.020 (Alcoholic Beverage Establishments) Brewpub/Taproom/Wine Bar/Microdistillery MUP MUP MUP - - - See PMC Section 17.92.020 (Alcoholic Beverage Establishments) Café/Bakery P P P P P P
Exhibit I
Commercial/Office Zones
Use NC RC VC MEDFX EDFX OFX Specific Use Regulations
Cinema/Theater/Performing Arts Center CUP P P - P -
Live Entertainment as Accessory Use, Indoor
(Accessory) A A A A A A
Live Entertainment as Accessory Use, Outdoor
(Accessory)
A, MUP A, MUP A, MUP A, MUP A, MUP A, MUP Regular outdoor events as an accessory use require an MUP. Sporadic events require a TUP (See PMC Section 17.98.020 (Temporary Uses)).
Outdoor Dining (Accessory) A A A A A A See PMC Section 17.92.100 (Outdoor Dining) Outdoor Entertainment - P P - CUP -
Restaurant, Bona Fide MUP P P P P P See PMC Section 17.92.020 (Alcoholic Beverage Establishments) Restaurant, Dine-In and Take-Out P P P P P P
Restaurant, Drive-Through CUP P P - CUP CUP See PMC Section 17.92.050 (Drive-Through Restaurants and Drive- Through Services)
Film, Research and Development NC RC VC MEDFX EDFX OFX Specific Use Regulations Film Production & Post Production - MUP - - - MUP Only allowed on parcels that fall within the Los Angeles Secondary Studio zone.
Research & Development - - - P P P
Industrial and Manufacturing Uses NC RC VC MEDFX EDFX OFX Specific Use Regulations Artisan Manufacturing/Makers Space CUP MUP - - MUP P Brewery/Distillery/Winery - without tasting
room or > 10,000 sf - - - - - -
Brewery/Distillery/Winery - with tasting room
and <10,000 sf CUP MUP MUP - - CUP See PMC Section 17.92.020 (Alcoholic Beverage Establishments) Commercial Vehicle Parking (Primary) - - - - - - See PMC Section 17.93.010 (Commercial Vehicle Parking as a Primary Use)
Construction and Materials Yards - - - - - - Food or Beverage Manufacturing - - - - - -
Hazardous Materials Facility - - - - - - See PMC Chapter 17.96 (Hazardous Materials Facilities) Indoor Warehousing, Storage, Wholesaling,
and Distribution - CUP - - - A, MUP
Manufacturing, Outdoors - - - - - -
Manufacturing/Processing, Light - - - - - MUP
Exhibit I
Commercial/Office Zones
Use NC RC VC MEDFX EDFX OFX Specific Use Regulations
Manufacturing/Processing, Heavy - - - - - -
Mining/Resource Extraction - - - - - - See PMC Section 17.67.070120 (Mining and Quarry Special Standards) and PMC Chapter 17.102 (Surface Mining and Reclamation) Mini-Storage Warehousing or Facility - CUP - - - CUP See PMC Section 17.93.020 (Mini-Storage Warehousing or Facility) Outdoor Storage (Accessory) - A, MUP A, MUP A, CUP A, CUP A, CUP See PMC Section 17.92.120 (Outdoor Storage (Primary and Accessory)) Outdoor Storage (Primary Use) - - - - - - See PMC Section 17.92.120 (Outdoor Storage (Primary and Accessory)) Outdoor Storage (Temporary) T; TUP T; TUP T; TUP T; TUP T; TUP T; TUP If less than 72 hours, allowed by right (T). If over 72 hours, a TUP is required per PMC Section 17.26.100 (Temporary Use and Special Event Permits). See also PMC Section 17.98.020 (Temporary Uses).
Salvage Yards - - - - - - See PMC Section 17.93.030 (Salvage Yards) Temporary Structures or Storage Facilities
(Temporary and Accessory) A, TUP A, TUP A, TUP A, TUP A, TUP A, TUP See PMC Section 17.98.020 (Temporary Uses) Lodging NC RC VC MEDFX EDFX OFX Specific Use Regulations Bed and Breakfast - - - - - -
Lodging - Extended Stay CUP P P MUP MUP MUP
Lodging - Hotels CUP P P MUP MUP MUP
Lodging - Motels CUP P P MUP MUP MUP
Lodging - Timeshares - P P - - -
Public, Quasi-Public and Institutional Uses NC RC VC MEDFX EDFX OFX Specific Use Regulations Civic/Government P P P P P P
Cultural Institutions CUP P P P P CUP
Hospital - CUP CUP MUP - -
Public Service Facility P P P P P P
Social Service Facilities MUP MUP MUP P MUP MUP See PMC Section 17.94.040 (Social Service Facilities with Congregate Meal Facilities)
Recreation, Education, and Public Assembly Uses NC RC VC MEDFX EDFX OFX Specific Use Regulations Athletic Fields, Unlighted - P P - P -
Athletic Fields, Lighted - MUP MUP - CUP -
Exhibit I
Commercial/Office Zones
Use NC RC VC MEDFX EDFX OFX Specific Use Regulations
Campground - - - - - -
Cemeteries, Crematories, or Mausoleums - - - - - - College/University CUP CUP CUP CUP P CUP
Commercial Recreation and Sports, Indoor CUP P P - P CUP Commercial Recreation and Sports, Outdoor - P P - MUP - See PMC Section 17.94.030 (Golf Courses) Community Assembly, ≤ 5,000 sf (gross sf) P P P P P P See PMC Section 17.94.010 (Community Assembly Uses) Community Assembly, 5,001 sf - 12,000 sf
(gross sf) MUP P P MUP P MUP See PMC Section 17.94.010 (Community Assembly Uses) Community Assembly, >12,000 sf (gross sf) CUP CUP CUP CUP CUP CUP See PMC Section 17.94.010 (Community Assembly Uses) Family Day Care Center P P P P P P See PMC Section 17.92.060 (Family Day Care Center) Instructional Services, ≤ 5,000 sf P P P MUP P P
Instructional Services, > 5,000 sf MUP P P MUP P MUP
Open Space, Natural P P P P P P
Parks and Recreation Facilities P P P P P P See PMC Section 17.94.030 (Golf Courses) Retreat Center CUP P P CUP MUP CUP
Recreational Vehicle (RV) Park - - - - - -
Schools, Public or Private (TK-12) - - - - P - Tutoring Facilities P P P MUP P MUP
Vocational/Trade School, ≤ 10,000 sf MUP MUP MUP MUP P MUP Vocational/Trade School, >10,001 sf CUP CUP CUP CUP P CUP Residential Uses NC RC VC MEDFX EDFX OFX Specific Use Regulations Accessory Dwelling Unit (ADU) and Junior
Accessory Dwelling Unit (JADU) - A - A A - See PMC Section 17.91.010 (Accessory Dwelling Unit and Junior Accessory Dwelling Unit Standards)
Agricultural Worker Housing - - - - - -
Caretaker's Unit (Accessory) - - - - P - See PMC Section 17.91.030 (Caretaker’s Units (Accessory)) Child Day Care in a Home - P - P P -
Cottage Food Operation - - - - - - See PMC Section 17.91.040 (Cottage Food Operation) Cottage Industry - - - - - -
Exhibit I
Commercial/Office Zones
Use NC RC VC MEDFX EDFX OFX Specific Use Regulations
Emergency Shelters - - - CUP - - See PMC Section 17.94.020 (Emergency Shelters) Group Residential Home - - - MUP MUP -
Home Occupation (Accessory) - A - A A -
Live/Work - MUP P P -
Model Home (on-site) - - - - - - See PMC Section 17.98.020 (Temporary Uses) Manufactured/Mobile Home Park - - - - - - See PMC Section 17.91.050 (Manufactured/Mobile Home Parks) and
17.91.060 (Manufactured/Mobile Home Park Closures)
Residential Care Facilities, Small CUP - - P - - Residential Care Facilities, Large CUP CUP CUP P - - See PMC Section 17.91.070 (Residential Care Facilities, Large) Residential Housing Types
Single-Family Dwelling, Attached - - - - - - Single-Family Dwelling, Detached - - - - - - Two-Family Dwelling/Duplex - - - - - -
Multi-Family Dwelling, Triplex/Quadplex - - - - - - Multi-Family Residential, ≥ 5 Units - P 1 - CUP CUP - Manufactured/Mobile Home - - - - - -
Single-Room Occupancy - - - - - -
Sober Living Home - - - - - - See PMC Section 17.91.080 (Sober Living Home) Supportive Housing - - - - - -
Transitional Housing - - - - - -
Yard Sales (Temporary Use) - T - T T - See PMC Section 17.98.020 (Temporary Uses) Retail, Service, and Office Uses NC RC VC MEDFX EDFX OFX Specific Use Regulations Adult-Oriented Business - CUP CUP - - - See PMC Section 17.92.010 (Adult-Oriented Businesses) Alcohol & Drug Treatment Facility, Large - - - CUP - - See PMC Section 17.91.020 (Alcohol & Drug Treatment Facility) Alcohol & Drug Treatment Facility, Small - - - MUP - - Alcohol Sales, Off-Sale - CUP CUP - - - See PMC Section 17.92.020 (Alcoholic Beverage Establishments) Animal Sales and Services CUP P P - - -
Auction Sales, Indoor - MUP MUP - - -
Auction Sales, Outdoor - CUP CUP - - -
ATM (Accessory Use) A A A A A A
Bail Bonds - CUP CUP - - -
Banks, Financial, Savings and Loan Institutions P P P P P P Building Materials Sales and Services - - - - - -
Exhibit I
Commercial/Office Zones
Use NC RC VC MEDFX EDFX OFX Specific Use Regulations
Business to Business Support Services - MUP MUP - - P Check-Cashing Businesses - CUP CUP - - -
Convenience Market - CUP CUP - - - See PMC Section 17.92.030 (Convenience Markets) and PMC Section
17.92.020 (Alcoholic Beverage Establishments)
Drive-Through Services (Accessory) A, MUP A A A A A See PMC Section 17.92.050 (Drive-Through Restaurants and Drive- Through Services)
Farmer’s Market (Temporary) TUP TUP TUP TUP TUP TUP See PMC Section 17.98.020 (Temporary Uses) Food Preparation, Commercial CUP P P P P MUP
Fortunetelling, Palm and Card Reading P P P - - -
Funeral Homes and Mortuaries MUP P P P - -
General Retail ≤ 5,000 sf P P P P P P
General Retail 5,001 sf - 25,000 MUP P P MUP MUP MUP
General Retail/Superstore > 25,000 - P P CUP CUP CUP
Grocery Store P P P CUP MUP -
Kennels/Boarding, Commercial MUP P P - - - See PMC Section 17.92.080 (Kennels/Boarding, Commercial) Kiosk/Outdoor Vending 2 A A A A A A
Laundromat P P P P P P
Massage Establishment, Accessory (Accessory) A A A A A A See PMC Section 17.92.090 (Massage Establishment (Accessory)) Massage Establishment, Stand-Alone - - - - - -
Medical Services, Extended Care - MUP MUP P - -
Medical Services,
Medical/Dental/Holistic/Clinic P P P P P P
Medical Services, Urgent Care CUP P P P P CUP
Microblading/Permanent Makeup P P P P P P
Neighborhood Market P P P P P P
Nursery/Garden Center MUP P P - - -
Office, Processing - P P P MUP P
Office, Professional/Administrative P P P P P P
Office, Service P P P P P P
Outdoor Display (Accessory) A A A A A A See PMC Section 17.92.110 (Outdoor Display) Pawnshop - CUP CUP - - - See PMC Section 17.92.130 (Pawnshops) Personal Services P P P P P P
Exhibit I
Commercial/Office Zones
Use NC RC VC MEDFX EDFX OFX Specific Use Regulations
Pet Daycare P P P P P P PMC Section 17.92.140 (Pet Daycare) Resale/Consignment/Thrift Shop CUP MUP MUP - - -
Smoking Lounge CUP P P - - -
Smoke Shop - CUP - - - See PMC Section 17.92.150 (Smoke Shop) Swap Meet, Indoor - P P - - -
Swap Meet, Outdoor - MUP;
TUP
MUP;
TUP - - -
See PMC Section 17.92.160 (Swap Meet, Outdoor).
Temporary outdoor swap meets require a TUP pursuant to PMC Section 17.98.020 (Temporary Uses).
Tattoo/Body Art/Piercing CUP CUP CUP CUP - - See PMC Section 17.92.170 (Tattoo/Body Art/Piercing Establishments) Temporary Real Estate Sales Office
(Temporary) - - - - - - See PMC Section 17.98.020 (Temporary Uses) Veterinary Hospitals MUP P P P MUP - See PMC 17.92.190 (Veterinary Hospitals) Utility, Transportation, and Communication Uses NC RC VC MEDFX EDFX OFX Specific Use Regulations Airports and Heliports - CUP CUP CUP - -
Co-located Small Wind Energy Systems
(CSWES) (Accessory) A, MUP A, MUP A, MUP - - A, MUP See PMC Section 17.99.010 (Co-located Small Wind Energy Systems (CSWES))
Communication/Wireless Telecommunications
Facilities, Major - CUP CUP CUP CUP CUP See PMC Section 17.95.010 (Communication/Wireless Telecommunications Facilities)
Communication/Wireless Telecommunications
Facilities, Minor MUP MUP MUP MUP MUP MUP See PMC Section 17.95.010 (Communication/Wireless Telecommunications Facilities)
Communication, Facilities within Buildings - MUP MUP MUP MUP P Freight/Trucking Facility - - - - - -
Light Fleet-Based Services - P P P P P
Parking Lots & Structures - A, MUP A, MUP A, MUP A, MUP A, MUP Passenger Transportation Facilities - CUP CUP CUP CUP CUP Recycling Collection Facility, Large - - - - - - See PMC Chapter 17.97 (Recycling Facilities) Recycling Collection Facility, Small CUP - - CUP CUP CUP See PMC Chapter 17.97 (Recycling Facilities) Recycling Processing Facility, Heavy - - - - - - See PMC Chapter 17.97 (Recycling Facilities) Recycling Processing Facility, Light - - - - - CUP See PMC Chapter 17.97 (Recycling Facilities) Reverse Vending Machine (Accessory) A A A A See PMC Chapter 17.97 (Recycling Facilities)
Exhibit I
Commercial/Office Zones
Use NC RC VC MEDFX EDFX OFX Specific Use Regulations
Sanitary Landfills - - - - - - See PMC Section 17.98.010 (Sanitary Landfills) Small Residential Wind Generator Systems
(SRWGS) (Accessory) - - - - - - See PMC Section 17.99.020 (Small Residential Wind Generator Systems (SRWGS))
Solar Energy System (Primary Use) - - - - - - See PMC Section 17.99.030 (Solar Energy System (Primary)) Utilities, Major - MUP MUP MUP MUP MUP
Utilities, Minor P P P P P P
Utility Yard - - - - - -
Exhibit I
17.48 Development Regulations
Table 17.48.010-1. Development Standards – Commercial/Office Zones Commercial/Office Zones
Standards NC RC VC MEDFX EDFX OFX Additional Regulations Lot and Density Standards
Minimum Lot Size (sf) 10,000 40,000 40,000 40,000 20,000 20,000 Minimum Lot Width (ft) 60 100 100 100 100 100
Minimum Lot Depth (ft) 100 200 200 200 100 100
Building Form and Location
Minimum Residential
Density (units/acre) - - - 30 10 -
Maximum Residential
Density (units/acre) - Up to 30 1 - 50 30 -
Maximum Floor Area
Ratio 0.5 1.0 1.5; 2.0 for
hotels/lodging 2.0 2.0 1.0
Maximum Height
(ft)/Stories – Primary
Structure
35/2 stories
55/4 stories;
85/7 stories
for lodging
uses
65/5 stories;
85/7 stories
for lodging
uses
85/7 stories 65/5 stories 50/4 stories
Projects must comply with both
stories and overall height
maximums. See PMC Section
17.17.030 (Measuring Heights).
Architectural features may project
above the maximum height by five
feet. Architectural features include
rooftop stair access and elevator
shafts, mechanical equipment, or
other rooftop amenities, as
approved by the Director.
Maximum Height (ft) -
Accessory Structures 25 25 25 25 25 25
Maximum Height
Adjacent to Residential
Zones
Starting from the third floor up, step back each subsequent floor by 15 ft for every two floors.
See Figure 17.38.060-1 (Transitions
to Lower Density Building Types)
Distance between
Structures (sf) Minimum required by Building and Fire code.
Setbacks – Minimums (ft)
Exhibit I
Commercial/Office Zones
Standards NC RC VC MEDFX EDFX OFX Additional Regulations Front 5 10 10 10 10 10
Minimum front setback shall be
landscaped excluding driveways.
No parking allowed in minimum
setback area.
Street Side 5 10 10 10 10 10 No parking allowed in minimum setback area.
Interior Side
0, 10 abutting
a residential
zone
10; 25
abutting a
residential
zone
10; 25
abutting a
residential
zone
10; 25 abutting a
residential zone
10; 25 abutting a single-family
residential zone
10; 20 abutting a
residential zone
Rear
10; 20
abutting a
residential
zone
10; 25 ft
abutting a
residential
zone
10; 25 ft
abutting a
residential
zone
10; 25 abutting a
residential zone
10; 25 abutting a single-family
residential zone
10; 20 abutting a
residential zone
Alley (when present) 5 5 5 5 5 5
Open Space Standards
Minimum Open Space 3% of gross
floor area
5% of lot
(must be
publicly-
accessible)
5% of lot
(must be
publicly-
accessible)
Residential
Component: 200 sf
total per unit;
minimum 100 sf of
private open space for
ground-level units and
60 sf of private open
space for upper-level
units
Non-Residential: 3% of
gross floor area
Residential Component: 200 sf
total per unit; minimum 100 sf of
private open space for ground-
level units and 60 sf of private
open space for upper-level units
Non-Residential: 5% of lot area
(must be publicly-accessible); if
the open space is over 1,000
square feet, up to 50 percent
may counted towards the
required residential common
open space.
3% of gross floor
area
Common open space includes roof
decks and other shared common
open areas. Minimum open space
dimension is 20 feet in either
direction. Setback areas are not
considered usable open space unless
they are at least 20 feet wide. See
PMC Section 17.49.060.LM (Common
Open Space Design).
Minimum Landscaping
(% of lot) 10% 10% 10% 10% 10% 10%
Includes required setbacks. 25% must
be live plant material. See PMC
Section 17.86.010 (Landscaping
Requirements).
Exhibit I
Commercial/Office Zones
Standards NC RC VC MEDFX EDFX OFX Additional Regulations Other Standards See additional standards in PMC Chapter 17.49 (Supplemental Standards), Division 8 (General Standards of Development), Division 9 (Special Regulations), Division 10 (Environmental Management), and the Palmdale Multi-Family and Mixed-Use Design Standards (Adopted by Ordinance No. 1594).
Notes:
1. Only permitted on Antelope Valley Mall site and property south of Palmdale Boulevard between SR-14 and Division Street with a comprehensive development plan.
2. Number of employees shall be based on the largest shift that occurs in a typical week.
Exhibit I
17.54 Land Use Regulations
Table 17.54.020 1. Allowed Uses – Mixed-Use Zones
Mixed-Use Zones
Use MU11 MU21 MU31 Specific Use RegulaƟons
Aerospace Uses
Aerospace Manufacturing - - -
Aerospace Services - - -
Agriculture & Animal Keeping Uses MU11 MU21 MU31 Specific Use RegulaƟons Agricultural Support, Sales, Service,
and Storage - - -
Animal Husbandry and ProducƟon - - -
Animal Raising and Keeping, DomesƟc A A A See PMC Chapter 17.89 (Animal Keeping) Animal Raising and Keeping, ExoƟc - - - See PMC Chapter 17.89 (Animal Keeping) Animal Raising and Keeping, Horses - - - See PMC Chapter 17.89 (Animal Keeping) Animal Raising and Keeping, Livestock - - - See PMC Chapter 17.89 (Animal Keeping) Animal Raising and Keeping, Poultry
and Beekeeping - - - See PMC Chapter 17.89 (Animal Keeping) Aquaculture - - -
Crop ProducƟon - - -
Farmstands - - -
Garden/Greenhouse, Private A A A
HorƟcultural ProducƟon - - -
Kennels, Private/Hobby - - -
Stable/Equestrian Facility,
Commercial/Public - - -
Stable/Equestrian Facility,
Hobby/Private - - - See PMC Chapter 17.89 (Animal Keeping) Automobile and Vehicle Uses MU11 MU21 MU31 Specific Use RegulaƟons Fueling StaƟon - - - See PMC SecƟon 17.92.070 (Fueling StaƟon/Vehicle and Equipment Services and Repair)
Travel Center - - - See PMC SecƟon 17.92.070 (Fueling StaƟon/Vehicle and Equipment Services and Repair)
Vehicle and Equipment Services and
Repair, Major - - - See PMC SecƟon 17.92.070 (Fueling StaƟon/Vehicle and Equipment Services and Repair
Vehicle and Equipment Services and
Repair, Minor - - - See PMC SecƟon 17.92.070 (Fueling StaƟon/Vehicle and Equipment Services and Repair
Vehicle Rental - - -
Vehicle Sales, New - - - See PMC SecƟon 17.92.070 (Fueling StaƟon/Vehicle and Equipment Services and Repair).
Vehicle Sales, Used - - -
Vehicle Sales and Rental, Large Vehicles
and Equipment - - - See PMC SecƟon 17.92.070 (Fueling StaƟon/Vehicle and Equipment Services and Repair)
Vehicle Towing/Impounding - - - See PMC SecƟon 17.93.040 (Vehicle Towing/Impounding)
Vehicle Washing & Detailing - - - See PMC SecƟon 17.92.180 (Vehicle Washing and Detailing)
Vehicle Wrecking/Dismantling - - - See PMC SecƟon 17.93.030 (Salvage Yards) EaƟng and Drinking Establishments & Entertainment Uses MU11 MU21 MU31 Specific Use RegulaƟons
Exhibit I
Mixed-Use Zones
Use MU11 MU21 MU31 Specific Use RegulaƟons
Bar/Nightclub/Lounge CUP CUP CUP See PMC SecƟon 17.92.020 (Alcoholic Beverage Establishments)
Brewpub/Taproom/Wine
Bar/MicrodisƟllery MUP MUP MUP See PMC SecƟon 17.92.020 (Alcoholic Beverage Establishments)
Café/Bakery P P P
Cinema/Theater/Performing Arts
Center MUP P P
Live Entertainment as Accessory Use,
Indoor (Accessory)
A A A
Live Entertainment as Accessory Use,
Outdoor (Accessory)
A, MUP A, MUP A, MUP Regular outdoor events as an accessory use require an MUP . Sporadic events require a TUP (See PMC SecƟon
17.98.020 (Temporary Uses)).
Outdoor Dining (Accessory) A A A See PMC SecƟon 17.92.100 (Outdoor Dining) Outdoor Entertainment - - -
Restaurant, Bona Fide P P P See PMC SecƟon 17.92.020 (Alcoholic Beverage Establishments)
Restaurant, Dine-In and Take-Out P P P
Restaurant, Drive-Through - - - See PMC SecƟon 17.92.050 (Drive-Through Restaurants and Drive-Through Services)
Film, Research and Development MU11 MU21 MU31 Specific Use RegulaƟons Film ProducƟon & Post ProducƟon - - -
Research & Development - - -
Industrial and Manufacturing Uses MU11 MU21 MU31 Specific Use RegulaƟons ArƟsan Manufacturing/Makers Space MUP MUP MUP
Brewery/DisƟllery/Winery - without
tasƟng room or > 10,000 sf - - -
Brewery/DisƟllery/Winery - with
tasƟng room and <10,000 sf MUP MUP MUP See PMC SecƟon 17.92.020 (Alcohol Beverage Establishments)
Commercial Vehicle Parking (Primary) - - - See PMC SecƟon 17.93.010 (Commercial Vehicle Parking as a Primary Use)
ConstrucƟon and Materials Yards - - -
Food or Beverage Manufacturing - - -
Hazardous Materials Facility - - - See PMC Chapter 17.96 (Hazardous Materials FaciliƟes) Indoor Warehousing, Storage,
Wholesaling, and DistribuƟon - - -
Manufacturing, Outdoors - - -
Manufacturing/Processing, Light - - -
Manufacturing/Processing, Heavy - - -
Mining/Resource ExtracƟon - - -
See PMC SecƟon 17.67.070120 (Mining and Quarry
Special Standards) and PMC Chapter 17.102 (Surface
Mining and ReclamaƟon)
Mini-Storage Warehousing or Facility - - - See PMC SecƟon 17.93.020 (Mini-Storage Warehousing or Facility)
Outdoor Storage (Accessory) - - - See PMC SecƟon 17.92.120 (Outdoor Storage (Primary and Accessory))
Outdoor Storage (Primary) - - - See PMC SecƟon 17.92.120 (Outdoor Storage (Primary and Accessory))
Exhibit I
Mixed-Use Zones
Use MU11 MU21 MU31 Specific Use RegulaƟons
Outdoor Storage (Temporary) T; TUP T; TUP T; TUP
If less than 72 hours, allowed by right (T). If over 72 hours, a TUP is required per PMC SecƟon 17.26.100
(Temporary Use and Special Event Permits). See also
PMC SecƟon 17.98.020 (Temporary Uses).
Salvage Yards - - - See PMC SecƟon 17.93.0230 (Salvage Yards) Temporary Structures or Storage
FaciliƟes (Temporary and Accessory) A, TUP A, TUP A, TUP See PMC SecƟon 17.98.020 (Temporary Uses) Lodging MU11 MU21 MU31 Specific Use RegulaƟons
Bed and Breakfast CUP CUP CUP
Lodging - Extended Stay - - CUP
Lodging - Hotels - MUP MUP
Lodging - Motels - MUP MUP
Lodging - Timeshares - - -
Public, Quasi-Public and InsƟtuƟonal Uses MU11 MU21 MU31 Specific Use RegulaƟons Civic/Government MUP P P
Cultural InsƟtuƟons MUP MUP MUP
Hospital - - -
Public Service Facility MUP P P
Social Service FaciliƟes CUP CUP CUP See PMC SecƟon 17.94.040 (Social Service FaciliƟes with Congregate Meal FaciliƟes)
RecreaƟon, EducaƟon, and Public Assembly Uses MU11 MU21 MU31 Specific Use RegulaƟons AthleƟc Fields, Unlighted MUP MUP MUP
AthleƟc Fields, Lighted - - -
Campground - - -
Cemeteries, Crematories, or
Mausoleums - - -
College/University CUP CUP CUP
Commercial RecreaƟon and Sports,
Indoor MUP P P
Commercial RecreaƟon and Sports,
Outdoor - - - See PMC SecƟon 17.94.030 (Golf Courses) Community Assembly, ≤ 5,000 sf (gross
sf) P P P See PMC SecƟon 17.94.010 (Community Assembly Uses) Community Assembly, 5001 sf - 12,000
sf (gross sf) MUP P P See PMC SecƟon 17.94.010 (Community Assembly Uses) Community Assembly, >12,000 sf
(gross sf) CUP CUP CUP See PMC SecƟon 17.94.010 (Community Assembly Uses) Family Day Care Center P P P See PMC SecƟon 17.92.060 (Family Day Care Center) InstrucƟonal Services, ≤ 5000 sf P P P
InstrucƟonal Services, > 5001 sf MUP P P
Open Space, Natural P P P
Parks and RecreaƟon FaciliƟes P P P See PMC SecƟon 17.94.030 (Golf Courses) Retreat Center - - -
RecreaƟonal Vehicle (RV) Park - - -
Exhibit I
Mixed-Use Zones
Use MU11 MU21 MU31 Specific Use RegulaƟons
Schools, Public or Private (TK-12) CUP CUP CUP
Tutoring FaciliƟes P P P
VocaƟonal/Trade School, ≤ 10,000 sf MUP MUP MUP
VocaƟonal/Trade School, > 10,001 sf CUP CUP CUP
ResidenƟal Uses MU11 MU21 MU31 Specific Use RegulaƟons Accessory Dwelling Unit (ADU) and
Junior Accessory Dwelling Unit (JADU) P P P
Only ADUs (not JADUs) are allowed within mulƟ-family
housing developments. See PMC SecƟon 17.91.010
(Accessory Dwelling Unit and Junior Accessory Dwelling
Unit Standards).
Agricultural Worker Housing - - -
Caretaker's Unit (Accessory) - - - See PMC SecƟon 17.91.030 (Caretaker’s Units (Accessory))
Child Day Care in a Home P P P
CoƩage Food OperaƟon (Accessory) A, MUP A, MUP A, MUP See PMC SecƟon 17.91.040 (CoƩage Food OperaƟon) CoƩage Industry (Accessory) A, MUP A, MUP A, MUP
Emergency Shelters - - - See PMC SecƟon 17.94.020 (Emergency Shelters) Group ResidenƟal Home CUP CUP CUP
Home OccupaƟon (Accessory) A A A
Live/Work P P P
Model Home (on-site) TUP TUP TUP See PMC SecƟon 17.98.020 (Temporary Uses) Manufactured/Mobile Home Park - - -
See PMC SecƟon 17.91.050 (Manufactured/Mobile
Home Parks) and 17.91.060 (Manufactured/Mobile
Home Park Closures)
ResidenƟal Care FaciliƟes, Small P P P
ResidenƟal Care FaciliƟes, Large CUP CUP CUP See PMC SecƟon 17.91.070 (ResidenƟal Care FaciliƟes, Large)
ResidenƟal Housing Types
Single-Family Dwelling, AƩached P P P
Single-Family Dwelling, Detached - - -
Two-Family Dwelling/Duplex P P P
MulƟ-Family Dwelling,
Triplex/Quadplex P P P
MulƟ-Family ResidenƟal, ≥ 5 Units P P P
Manufactured/Mobile Home - - -
Single-Room Occupancy CUP CUP MUP
Sober Living Home - - - See PMC SecƟon 17.91.080 (Sober Living Home) SupporƟve Housing CUP CUP CUP
TransiƟonal Housing CUP CUP CUP
Yard Sales (Temporary Use) P P P See PMC SecƟon 17.98.020 (Temporary Uses) Retail, Service, and Office Uses MU11 MU21 MU31 Specific Use RegulaƟons Adult-Oriented Business - - - See PMC SecƟon 17.92.010 (Adult-Oriented Businesses) Alcohol & Drug Treatment Facility,
Large CUP CUP CUP See PMC SecƟon 17.91.020 (Alcohol & Drug Treatment Facility)
Alcohol & Drug Treatment Facility,
Small MUP MUP MUP
Alcohol Sales, Off-Sale CUP CUP CUP See PMC SecƟon 17.92.020 (Alcoholic Beverage Establishments)
Animal Sales and Services MUP P P
AucƟon Sales, Indoor CUP CUP CUP
Exhibit I
Mixed-Use Zones
Use MU11 MU21 MU31 Specific Use RegulaƟons
AucƟon Sales, Outdoor - - -
ATM (Accessory Use) A A A
Bail Bonds - - -
Banks, Financial, Savings and Loan
InsƟtuƟons P P P
Building Materials Sales and Services - - -
Business to Business Support Services - - -
Check-Cashing Businesses - - -
Convenience Market - - -
See PMC SecƟons 17.92.030 (Convenience Markets) and
PMC SecƟon 17.92.020 (Alcoholic Beverage
Establishments)
Drive-Through Services (Accessory) A, CUP A, CUP A, CUP See PMC SecƟon 17.92.050 (Drive Through Restaurants and Drive-Through Services)
Farmer’s Market (Temporary) TUP TUP TUP See PMC SecƟon 17.98.020 (Temporary Uses) Food PreparaƟon, Commercial - - -
Fortunetelling, Palm and Card Reading MUP P P
Funeral Homes and Mortuaries - - -
General Retail ≤ 5,000 sf P P P
General Retail 5,001 sf - 25,000 MUP P P
General Retail/Superstore > 25,000 - - -
Grocery Store MUP P P
Kennels/Boarding, Commercial - - - See PMC SecƟon 17.92.080 (Kennels/Boarding, Commercial)
Kiosk/Outdoor Vending 2 A A A
Laundromat P P P
Massage Establishment, Accessory
(Accessory) A A A See PMC SecƟon 17.92.090 (Massage Establishment (Accessory))
Massage Establishment, Stand-Alone - - -
Medical Services, Extended Care - CUP CUP
Medical Services,
Medical/Dental/HolisƟc/Clinic P P P
Medical Services, Urgent Care P P P
Microblading/Permanent Makeup P P P
Neighborhood Market P P P
Nursery/Garden Center - - -
Office, Processing - - -
Office, Professional/AdministraƟve P P P
Office, Service P P P
Outdoor Display A A A See PMC SecƟon 17.92.110 (Outdoor Display) Pawnshop - - - See PMC SecƟon 17.92.130 (Pawnshops) Personal Services P P P
Pet Daycare MUP MUP MUP PMC SecƟon 17.92.140 (Pet Daycare) Resale/Consignment/ThriŌ Shop CUP CUP CUP
Smoking Lounge MUP MUP MUP
Smoke Shop - - - See PMC SecƟon 17.92.150 (Smoke Shop) Swap Meet, Indoor - - -
Swap Meet, Outdoor - - - See PMC SecƟon 17.92.160 (Swap Meet, Outdoor) TaƩoo/Body Art/Piercing - - - See PMC SecƟon 17.92.170 (TaƩoo/Body Art/Piercing Establishments)
Exhibit I
Mixed-Use Zones
Use MU11 MU21 MU31 Specific Use RegulaƟons
Temporary Real Estate Sales Office
(Temporary) TUP TUP TUP See PMC SecƟon 17.98.020 (Temporary Uses) Veterinary Hospitals MUP MUP MUP See PMC 17.92.190 (Veterinary Hospitals) UƟlity, TransportaƟon, and CommunicaƟon Uses MU11 MU21 MU31 Specific Use RegulaƟons Airports and Heliports - - -
Co-located Small Wind Energy Systems
(CSWES) (Accessory) - - - See PMC SecƟon 17.99.010 (Co-located Small Wind Energy Systems (CSWES))
CommunicaƟon/Wireless
TelecommunicaƟons FaciliƟes, Major - - - See PMC SecƟon 17.95.010 (CommunicaƟon/Wireless TelecommunicaƟons FaciliƟes)
CommunicaƟon/Wireless
TelecommunicaƟons FaciliƟes, Minor MUP MUP MUP See PMC SecƟon 17.95.010 (CommunicaƟon/Wireless TelecommunicaƟons FaciliƟes)
CommunicaƟon, FaciliƟes within
Buildings MUP MUP MUP
Freight/Trucking Facility - - -
Light Fleet-Based Services - - -
Parking Lots & Structures A, MUP A, MUP A, MUP
Passenger TransportaƟon FaciliƟes - CUP CUP
Recycling CollecƟon Facility, Large - - - See PMC Chapter 17.97 (Recycling FaciliƟes) Recycling CollecƟon Facility, Small - - - See PMC Chapter 17.97 (Recycling FaciliƟes) Recycling Processing Facility, Heavy - - - See PMC Chapter 17.97 (Recycling FaciliƟes) Recycling Processing Facility, Light - - - See PMC Chapter 17.97 (Recycling FaciliƟes) Reverse Vending Machine A A A See PMC Chapter 17.97 (Recycling FaciliƟes) Sanitary Landfills - - - See PMC SecƟon 17.98.010 (Sanitary Landfills) Small ResidenƟal Wind Generator
Systems (SRWGS) (Accessory) - - - See PMC SecƟon 17.99.020 (Small ResidenƟal Wind Generator Systems (SRWGS))
Solar Energy System (Primary) - - - See PMC SecƟon 17.99.030 (Solar Energy System (Primary))
UƟliƟes, Major - - -
UƟliƟes, Minor MUP MUP MUP
UƟlity Yard - - -
Exhibit I
17.65 Land Use Regulations
Table 17.65.020 1. Allowed Uses – Industrial Zones
Industrial Zones
Use LI HI AI MRE Specific Use RegulaƟons
Aerospace Uses
Aerospace Manufacturing - -CUP P -
Aerospace Services - CUP P -
Agriculture & Animal Keeping Uses
LI HI AI MRE Specific Use RegulaƟons
Agricultural Support, Sales, Service,
and Storage P P - -
Animal Husbandry and ProducƟon - - - -
Animal Raising and Keeping,
DomesƟc - - - - See PMC Chapter 17.89 (Animal Keeping)
Animal Raising and Keeping, ExoƟc - - - - See PMC Chapter 17.89 (Animal Keeping) Animal Raising and Keeping, Horses - - - - See PMC Chapter 17.89 (Animal Keeping) Animal Raising and Keeping,
Livestock - - - - See PMC Chapter 17.89 (Animal Keeping) Animal Raising and Keeping, Poultry
and Beekeeping - - - - See PMC Chapter 17.89 (Animal Keeping) Aquaculture CUP CUP - -
Crop ProducƟon - - - -
Farmstands - - - -
Garden/Greenhouse, Private - - - -
HorƟcultural ProducƟon MUP MUP - -
Kennels, Private/Hobby - - - - See PMC Chapter 17.89 (Animal Keeping) Stable/Equestrian Facility,
Commercial/Public - - - -
Stable/Equestrian Facility,
Hobby/Private - - - - See PMC Chapter 17.89 (Animal Keeping) Automobile and Vehicle Uses
LI HI AI MRE Specific Use RegulaƟons
Fueling StaƟon CUP CUP CUP -
All vehicle repair work shall be conducted within
an enclosed structure only. See PMC SecƟon
17.92.070 (Fueling StaƟon/Vehicle and
Equipment Services and Repair).
Travel Center CUP CUP - -
All vehicle repair work shall be conducted within
an enclosed structure only. See PMC SecƟon
17.92.070 (Fueling StaƟon/Vehicle and
Equipment Services and Repair).
Vehicle and Equipment Services and
Repair, Major MUP P P -
All vehicle repair work shall be conducted within
an enclosed structure only. See PMC SecƟon
17.92.070 (Fueling StaƟon/Vehicle and
Equipment Services and Repair).
Vehicle and Equipment Services and
Repair, Minor P P P -
All vehicle repair work shall be conducted within
an enclosed structure only. See PMC SecƟon
17.92.070 (Fueling StaƟon/Vehicle and
Equipment Services and Repair).
Vehicle Rental - - - -
Exhibit I
Industrial Zones
Use LI HI AI MRE Specific Use RegulaƟons
Vehicle Sales, New - - - -
See PMC SecƟon 17.92.070 (Fueling
StaƟon/Vehicle and Equipment Services and
Repair).
Vehicle Sales, Used - - - -
Vehicle Sales and Rental, Large
Vehicles and Equipment MUP P P -
All vehicle repair work shall be conducted within
an enclosed structure only. See PMC SecƟon
17.92.070 (Fueling StaƟon/Vehicle and
Equipment Services and Repair).
Vehicle Towing/Impounding MUP P P - See PMC SecƟon 17.93.040 (Vehicle Towing/Impounding)
Vehicle Washing & Detailing P P P - See PMC SecƟon 17.92.180 (Vehicle Washing and Detailing)
Vehicle Wrecking/Dismantling - P P - See PMC SecƟon 17.93.030 (Salvage Yards) EaƟng and Drinking Establishments & Entertainment Uses
LI HI AI MRE Specific Use RegulaƟons
Bar/Nightclub/Lounge CUP - - - See PMC SecƟon 17.92.020 (Alcoholic Beverage Establishments)
Brewpub/Taproom/Wine
Bar/MicrodisƟllery MUP MUP MUP - See PMC SecƟon 17.92.020 (Alcoholic Beverage Establishments)
Café/Bakery P P P -
Cinema/Theater/Performing Arts
Center - - - -
Live Entertainment as Accessory Use,
Indoor (Accessory) A - - -
Live Entertainment as Accessory Use,
Outdoor (Accessory) A, MUP - - -
Regular outdoor events as an accessory use
require an MUP . Sporadic events require a TUP
(See PMC SecƟon 17.98.020 (Temporary Uses)).
Outdoor Dining (Accessory) A A A - See PMC SecƟon 17.92.100 (Outdoor Dining) Outdoor Entertainment MUP - - CUP
Restaurant, Bona Fide P P P - See PMC SecƟon 17.92.020 (Alcoholic Beverage Establishments)
Restaurant, Dine-In and Take-Out P P P -
Restaurant, Drive-Through P P P - See PMC SecƟon 17.92.050 (Drive-Through Restaurants and Drive-Through Services)
Film, Research and Development
LI HI AI MRE Specific Use RegulaƟons
Film ProducƟon & Post ProducƟon P P - P
Research & Development P P P P
Industrial and Manufacturing Uses
LI HI AI MRE Specific Use RegulaƟons
ArƟsan Manufacturing/Makers Space P P - -
Brewery/DisƟllery/Winery – without
tasƟng room or > 10,000 sf P P - -
Brewery/DisƟllery/Winery – with
tasƟng room and <10,000 sf MUP MUP - - See PMC SecƟon 17.92.020 (Alcoholic Beverage Establishments)
Exhibit I
Industrial Zones
Use LI HI AI MRE Specific Use RegulaƟons
Commercial Vehicle Parking (Primary) - MUP MUP - See PMC SecƟon 17.93.010 (Commercial Vehicle Parking as a Primary Use)
ConstrucƟon and Materials Yards MUP P P P
Food or Beverage Manufacturing MUP P P -
Hazardous Materials Facility - CUP CUP CUP See PMC Chapter 17.96 (Hazardous Materials FaciliƟes)
Indoor Warehousing, Storage,
Wholesaling, and DistribuƟon P P P MUP
Manufacturing, Outdoors - P P MUP
Manufacturing/Processing, Light P P P MUP
Manufacturing/Processing, Heavy - P P MUP
Mining/Resource ExtracƟon - - - CUP
See PMC SecƟon 17.67.070120 (Mining and
Quarry Special Standards) and PMC Chapter
17.102 (Surface Mining and ReclamaƟon)
Mini-Storage Warehousing or Facility P P - - See PMC SecƟon 17.93.020 (Mini-Storage Warehousing or Facility)
Outdoor Storage (Accessory) A, MUP A A A See PMC SecƟon 17.92.120 (Outdoor Storage (Primary and Accessory))
Outdoor Storage (Primary Use) CUP P P - See PMC SecƟon 17.92.120 (Outdoor Storage (Primary and Accessory))
Outdoor Storage (Temporary) T; TUP T; TUP T; TUP T; TUP If less than 72 hours, allowed by right (T). If over
72 hours, a TUP is required per PMC SecƟon
17.26.100 (Temporary Use and Special Event
Permits). See also PMC SecƟon 17.98.020
(Temporary Uses).
Salvage Yards - P - See PMC SecƟon 17.93.0230 (Salvage Yards) Temporary Structures or Storage
FaciliƟes (Temporary and Accessory) A, TUP A, TUP A, TUP A, TUP See PMC SecƟon 17.98.020 (Temporary Uses) Lodging
LI HI AI MRE Specific Use RegulaƟons
Bed and Breakfast - - - -
Lodging – Extended Stay - - - -
Lodging – Hotels - - - -
Lodging – Motels - - - -
Lodging – Timeshares - - - -
Public, Quasi-Public and InsƟtuƟonal Uses
LI HI AI MRE Specific Use RegulaƟons
Civic/Government P P P -
Cultural InsƟtuƟons P - P -
Hospital - - - -
Public Service Facility P P P -
Exhibit I
Industrial Zones
Use LI HI AI MRE Specific Use RegulaƟons
Social Service FaciliƟes MUP MUP - - See PMC SecƟon 17.94.040 (Social Service FaciliƟes with Congregate Meal FaciliƟes)
RecreaƟon, EducaƟon, and Public Assembly Uses
LI HI AI MRE Specific Use RegulaƟons
AthleƟc Fields, Unlighted P P - -
AthleƟc Fields, Lighted P P - -
Campground - - - -
Cemeteries, Crematories, or
Mausoleums CUP CUP - -
College/University CUP - - -
Commercial RecreaƟon and Sports,
Indoor P P - -
Commercial RecreaƟon and Sports,
Outdoor P P - - See PMC SecƟon 17.94.030 (Golf Courses) Community Assembly, ≤ 5,000 sf
(gross sf) P MUP MUP - See PMC SecƟon 17.94.010 (Community Assembly Uses)
Community Assembly, 5001 sf –
12,000 sf (gross sf) MUP MUP MUP - See PMC SecƟon 17.94.010 (Community Assembly Uses)
Community Assembly, > 12,000 sf
(gross sf) CUP CUP CUP - See PMC SecƟon 17.94.010 (Community Assembly Uses)
Family Day Care Center CUP - - - See PMC SecƟon 17.92.060 (Family Day Care Center)
InstrucƟonal Services, ≤ 5000 sf P - - -
InstrucƟonal Services, > 5001 sf P - - -
Open Space, Natural P P P P
Parks and RecreaƟon FaciliƟes P P P P See PMC SecƟon 17.94.030 (Golf Courses) Retreat Center - - - -
RecreaƟonal Vehicle (RV) Park - - - -
Schools, Public or Private (TK-12) - - - -
Tutoring FaciliƟes - - - -
VocaƟonal/Trade School, ≤ 10,000 sf MUP - - -
VocaƟonal/Trade School, > 10,001 sf CUP - - -
ResidenƟal Uses
LI HI AI MRE Specific Use RegulaƟons
Accessory Dwelling Unit (ADU) and
Junior Accessory Dwelling Unit
(JADU)
- - - -
See PMC SecƟon 17.91.010 (Accessory Dwelling
Units and Junior Accessory Dwelling Unit
Standards)
Agricultural Worker Housing - - - -
Caretaker’s Unit (Accessory) A A A A See PMC SecƟon 17.91.030 (Caretaker’s Units (Accessory))
Child Day Care in a Home - - - -
CoƩage Food OperaƟon - - - - See PMC SecƟon 17.91.040 (CoƩage Food OperaƟon
CoƩage Industry - - - -
Exhibit I
Industrial Zones
Use LI HI AI MRE Specific Use RegulaƟons
Emergency Shelters P - - - See PMC SecƟon 17.94.020 (Emergency Shelters)
Group ResidenƟal Home - - - -
Home OccupaƟon - - - -
Live/Work CUP - - -
Model Home (on-site) - - - - See PMC SecƟon 17.98.020 (Temporary Uses) Manufactured/Mobile Home Park - - - -
See PMC SecƟon 17.91.050
(Manufactured/Mobile Home Parks) and
17.91.060 (Manufactured/Mobile Home Park
Closures)
ResidenƟal Care FaciliƟes, Small - - - -
ResidenƟal Care FaciliƟes, Large - - - - See PMC SecƟon 17.91.070 (ResidenƟal Care FaciliƟes, Large)
ResidenƟal Housing Types
Single-Family Dwelling, AƩached - - - -
Single-Family Dwelling, Detached - - - -
Two-Family Dwelling/Duplex - - - -
MulƟ-Family Dwelling,
Triplex/Quadplex - - - -
MulƟ-Family ResidenƟal, ≥ 5 Units - - - -
Manufactured/Mobile Home - - - -
Single-Room Occupancy - - - -
Sober Living Home CUP - - - See PMC SecƟon 17.91.080 (Sober Living Home) SupporƟve Housing CUP - - -
TransiƟonal Housing CUP - - -
Yard Sales (Temporary Use) - - - - See PMC SecƟon 17.98.020 (Temporary Uses) Retail, Service, and Office Uses
LI HI AI MRE Specific Use RegulaƟons
Adult-Oriented Business - - - - See PMC SecƟon 17.92.010 (Adult-Oriented Businesses)
Alcohol & Drug Treatment Facility,
Large CUP - - - See PMC SecƟon 17.91.020 (Alcohol and Drug Treatment Facility)
Alcohol & Drug Treatment Facility,
Small - - - -
Alcohol Sales, Off-Sale CUP - - - See PMC SecƟon 17.92.020 (Alcoholic Beverage Establishments)
Animal Sales and Services P MUP - -
AucƟon Sales, Indoor P P - -
AucƟon Sales, Outdoor MUP MUP - -
ATM (Accessory Use) A A A -
Bail Bonds CUP CUP - -
Banks, Financial, Savings and Loan
InsƟtuƟons P CUP - -
Building Materials Sales and Services P P P P
Exhibit I
Industrial Zones
Use LI HI AI MRE Specific Use RegulaƟons
Business to Business Support
Services P P P -
Check-Cashing Businesses CUP CUP - -
Convenience Market CUP CUP CUP -
See PMC SecƟons 17.92.030 (Convenience
Markets) and PMC SecƟon 17.92.020 (Alcoholic
Beverage Establishments)
Drive-Through Services (Accessory) A A A - See PMC SecƟon 17.92.050 (Drive Through Restaurants and Drive-Through Services)
Farmer’s Market (Temporary) TUP - - - See PMC SecƟon 17.98.020 (Temporary Uses) Food PreparaƟon, Commercial P P P -
Fortunetelling, Palm and Card
Reading P - - -
Funeral Homes and Mortuaries P - - -
General Retail ≤ 5,000 sf P MUP CUP1 -
General Retail 5,001 sf - 25,000 P MUP - -
General Retail/Superstore > 25,000 MUP CUP - -
Grocery Store CUP - - -
Kennels/Boarding, Commercial P P - - See PMC SecƟon 17.92.080 (Kennels/Boarding, Commercial)
Kiosk/Outdoor Vending 2 P P P -
Laundromat P - - -
Massage Establishment, Accessory
(Accessory) A - - - See PMC SecƟon 17.92.090 (Massage
Establishment (Accessory))
Massage Establishment, Stand-Alone - - - -
Medical Services, Extended Care CUP - - -
Medical Services,
Medical/Dental/HolisƟc/Clinic P - - -
Medical Services, Urgent Care P - - -
Microblading/Permanent Makeup P - - -
Neighborhood Market P - - -
Nursery/Garden Center P P - -
Office, Processing P P P -
Office, Professional/AdministraƟve P MUP MUP -
Office, Service P MUP MUP -
Outdoor Display (Accessory) A - - - See PMC SecƟon 17.92.110 (Outdoor Display) Pawnshop CUP - - - See PMC SecƟon 17.92.130 (Pawnshops) Personal Services P - - -
Pet Daycare P - - - See PMC SecƟon 17.92.140 (Pet Daycare) Resale/Consignment/ThriŌ Shop P - - -
Smoking Lounge P - - -
Smoke Shop CUP - - - See PMC SecƟon 17.92.150 (Smoke Shop) Swap Meet, Indoor P P - -
Swap Meet, Outdoor TUP - - See PMC SecƟon 17.92.160 (Swap Meet, Outdoor)
Exhibit I
Industrial Zones
Use LI HI AI MRE Specific Use RegulaƟons
TaƩoo/Body Art/Piercing P - - - See PMC SecƟon 17.92.170 (TaƩoo/Body Art/Piercing Establishments)
Temporary Real Estate Sales Office
(Temporary) - - - - See PMC SecƟon 17.98.020 (Temporary Uses) Veterinary Hospitals P MUP - - See PMC 17.92.190 (Veterinary Hospitals) UƟlity, TransportaƟon, and CommunicaƟon Uses
LI HI AI MRE Specific Use RegulaƟons
Airports and Heliports CUP CUP CUP -
Co-located Small Wind Energy
Systems (CSWES) (Accessory) A, MUP A, MUP A, MUP - See PMC SecƟon 17.99.010 (Co-located Small Wind Energy Systems (CSWES))
CommunicaƟon/Wireless
TelecommunicaƟons FaciliƟes, Major CUP CUP CUP CUP
See PMC SecƟon 17.95.010
(CommunicaƟon/Wireless TelecommunicaƟons
FaciliƟes)
CommunicaƟon/Wireless
TelecommunicaƟons FaciliƟes, Minor MUP MUP MUP MUP
See PMC SecƟon 17.95.010
(CommunicaƟon/Wireless TelecommunicaƟons
FaciliƟes)
CommunicaƟon, FaciliƟes within
Buildings P P P P
Freight/Trucking Facility MUP P P -
Light Fleet-Based Services P P P -
Parking Lots & Structures P P P -
Passenger TransportaƟon FaciliƟes CUP CUP - -
Recycling CollecƟon Facility, Large MUP P P - See PMC Chapter 17.97 (Recycling FaciliƟes) Recycling CollecƟon Facility, Small P P P - See PMC Chapter 17.97 (Recycling FaciliƟes) Recycling Processing Facility, Heavy CUP P P - See PMC Chapter 17.97 (Recycling FaciliƟes) Recycling Processing Facility, Light MUP P P MUP See PMC Chapter 17.97 (Recycling FaciliƟes) Reverse Vending Machine A, MUP A, MUP A, MUP - See PMC Chapter 17.97 (Recycling FaciliƟes) Sanitary Landfill - - - - See PMC SecƟon 17.98.010 (Sanitary Landfills) Small ResidenƟal Wind Generator
Systems (SRWGS) (Accessory) - - - - See PMC SecƟon 17.99.020 (Small ResidenƟal Wind Generator Systems (SRWGS))
Solar Energy System (Primary) P P P P See PMC SecƟon 17.99.030 (Solar Energy System (Primary))
UƟliƟes, Major CUP P P -
UƟliƟes, Minor P P P -
UƟlity Yard MUP P P -
Exhibit I
17.66 Development Regulations
Table 17.66.010-1. Development Standards – Industrial Zones Industrial Zones
Standards LI HI AI MRE AddiƟonal RegulaƟons
Lot and Density Standards
Minimum Lot Size (sf) 10,000 20,000 20,000 5 acres
Minimum Lot Width (Ō) 80 100 100 -
Minimum Lot Depth (Ō) 100 100 100 -
Building Form and LocaƟon
Maximum Floor Area
RaƟo 0.5 0.5 0.5 0.25
Maximum Height
(Ō)/Stories – Primary
Structure
50/4 stories1 50/4 stories 1 75/6 stories 1 100
Projects must comply with both stories
and overall height maximums. See PMC
Section 17.17.030 (Measuring Heights).
Architectural features may project
above the maximum height by five feet.
Architectural features include rooftop
stair access and elevator shafts,
mechanical equipment, or other
rooftop amenities, as approved by City
staff.
Maximum Height (Ō)
Accessory Structures 35 35 35 35
Distance between
Structures (sf) Minimum required by Building and Fire code.
Setbacks – Minimums (Ō)
Front 10 10 10 25
Minimum 10 ft shall be landscaped
excluding driveways.
No parking allowed in minimum setback
area.
Street Side 10; 20 abuƫ ng a
freeway
10; 20 abuƫ ng a
freeway
10; 20 abuƫ ng a
freeway 25
Minimum 10 ft shall be landscaped
excluding driveways.
No parking allowed in minimum setback
area.
Interior Side
0 abuƫ ng
another
industrial zoned
property and 10
abuƫ ng any
other non-
residenƟal zone;
20 abuƫ ng a
freeway; 25
abuƫ ng a
residenƟal zone
0 abuƫ ng
another
industrial zoned
property and 10
abuƫ ng any
other non-
residenƟal zone;
20 abuƫ ng a
freeway; 40
abuƫ ng a
residenƟal zone
0 abuƫ ng
another
industrial zoned
property and 10
abuƫ ng any
other non-
residenƟal zone;
20 abuƫ ng a
freeway; 50
abuƫ ng a
residenƟal zone
25 Setbacks shall comply with the following
(with the exception of properties abutting
industrial where 0 ft setback applies):
Minimum 10 ft shall be landscaped
excluding driveways.
No parking allowed within the first 10 ft
of the setback.
Rear
0 abuƫ ng
another
industrial zoned
property and 10
abuƫ ng any
0 abuƫ ng
another
industrial zoned
property and 10
abuƫ ng any
0 abuƫ ng
another
industrial zoned
property and 10
abuƫ ng any
25 Setbacks shall comply with the following
(with the exception of properties abutting
industrial where 0 ft setback applies):
Minimum 10 ft shall be landscaped
excluding driveways.
Exhibit I
Industrial Zones
Standards LI HI AI MRE AddiƟonal RegulaƟons
other non-
residenƟal zone;
20 abuƫ ng a
freeway; 25
abuƫ ng a
residenƟal zone
other non-
residenƟal zone;
20 abuƫ ng a
freeway; 40
abuƫ ng a
residenƟal zone
other non-
residenƟal zone;
20 abuƫ ng a
freeway; 50
abuƫ ng a
residenƟal zone
No parking allowed within the first 10 ft
of the setback.
Alley (when present) 5 5 5 -
Open Space Standards
Minimum Open Space
400 sf total for
the first 20
employees2, and
addiƟonal 10 sf
per employee
over 20
400 sf total for
the first 20
employees2, and
addiƟonal 10 sf
per employee
over 20
400 sf total for
the first 20
employees2, and
addiƟonal 10 sf
per employee
over 20
-
Common open space includes roof decks
and other shared common open areas. Up
to 50% may be indoors. Minimum open
space dimension is 15 feet in either
direcƟon. Setback areas are not considered
usable open space unless they are at least
20 feet wide.
Minimum Landscaping
(% of lot) 10% 10% 10% -
Includes required setbacks. 25% must be
live plant material. See PMC SecƟon
17.86.010 (Landscaping Requirements).
Other Standards See addiƟonal standards in PMC Chapter 17.67 (Supplemental Standards), Division 8 (General Standards of Development), Division 9 (Special RegulaƟons), and Division 10 (Environmental Management).
Notes:
1. Additional height may be allowed through approval of a CUP. In approving a CUP for additional building height, the Review Authority shall find that adequate setbacks are provided on the project site to mitigate adverse impacts on adjacent properties; that adequate fire protection is provided for the subject buildings; that all FAA clearance requirements are met; that maximum floor area ratio requirements are not exceeded; and that the height, bulk, massing, design, and placement of the building on the subject site will not adversely impact adjacent properties or the general public.
2. The number of employees shall be based on the largest shift that occurs in a typical week.
Exhibit I
17.75 Land Use Regulations
Table 17.75.020 1 Allowed Uses – Public Facilities and Open Space Zones Public FaciliƟes and Open Space Zones
Use PF-C PF-P PF-S OS Specific Use RegulaƟons
Aerospace Uses
Aerospace Manufacturing - - - -
Aerospace Services - - - -
Agriculture & Animal Keeping Uses
PF-C PF-P PF-S OS Specific Use RegulaƟons
Agricultural Support, Sales, Service,
and Storage - - - -
Animal Husbandry and ProducƟon - - - - See PMC Chapter 17.89 (Animal Keeping) Animal Raising and Keeping, DomesƟc - - - - See PMC Chapter 17.89 (Animal Keeping) Animal Raising and Keeping, ExoƟc - - - - See PMC Chapter 17.89 (Animal Keeping) Animal Raising and Keeping, Horses - - - - See PMC Chapter 17.89 (Animal Keeping) Animal Raising and Keeping, Livestock - - - - See PMC Chapter 17.89 (Animal Keeping) Animal Raising and Keeping, Poultry
and Beekeeping - - - - See PMC Chapter 17.89 (Animal Keeping) Aquaculture - - - -
Crop ProducƟon - - - -
Farmstands - - - -
Garden/Greenhouse, Private - - - -
HorƟcultural ProducƟon - - - -
Kennels, Private/Hobby - - - - See PMC Chapter 17.89 (Animal Keeping) Stable/Equestrian Facility,
Commercial/Public - CUP - CUP
Stable/Equestrian Facility,
Hobby/Private - - - - See PMC Chapter 17.89 (Animal Keeping) Automobile and Vehicle Uses
PF-C PF-P PF-S OS Specific Use RegulaƟons
Fueling StaƟon - - - -
See PMC SecƟon 17.92.070 (Fueling
StaƟon/Vehicle and Equipment Services
and Repair).
Travel Center - - - -
See PMC SecƟon 17.92.070 (Fueling
StaƟon/Vehicle and Equipment Services
and Repair).
Vehicle and Equipment Services and
Repair, Major - - - -
See PMC SecƟon 17.92.070 (Fueling
StaƟon/Vehicle and Equipment Services
and Repair).
Vehicle and Equipment Services and
Repair, Minor - - - -
See PMC SecƟon 17.92.070 (Fueling
StaƟon/Vehicle and Equipment Services
and Repair).
Vehicle Rental - - - -
Vehicle Sales, New - - - -
See PMC SecƟon 17.92.070 (Fueling
StaƟon/Vehicle and Equipment Services
and Repair).
Vehicle Sales, Used - - - -
Vehicle Sales and Rental, Large Vehicles
and Equipment - - - -
See PMC SecƟon 17.92.070 (Fueling
StaƟon/Vehicle and Equipment Services
and Repair).
Exhibit I
Public FaciliƟes and Open Space Zones
Use PF-C PF-P PF-S OS Specific Use RegulaƟons
Vehicle Towing/Impounding - - - - See PMC SecƟon 17.93.040 (Vehicle Towing/Impounding)
Vehicle Washing & Detailing - - - - See PMC SecƟon 17.92.180 (Vehicle Washing and Detailing)
Vehicle Wrecking/Dismantling - - - - See PMC SecƟon 17.93.030 (Salvage Yards) EaƟng and Drinking Establishments & Entertainment Uses
PF-C PF-P PF-S OS Specific Use RegulaƟons
Bar/Nightclub/Lounge - - - - See PMC SecƟon 17.92.020 (Alcoholic Beverage Establishments)
Brewpub/Taproom/Wine
Bar/MicrodisƟllery MUP - - - See PMC SecƟon 17.92.020 (Alcoholic Beverage Establishments)
Café/Bakery P P P -
Cinema/Theater/Performing Arts
Center P P P -
Live Entertainment as Accessory Use,
Indoor (Accessory) A A A -
Live Entertainment as Accessory Use,
Outdoor (Accessory) A, MUP A, MUP A, MUP A, MUP
Regular outdoor events as an accessory
use require an MUP . Sporadic events
require a TUP (See PMC SecƟon 17.98.020
(Temporary Uses)).
Outdoor Dining (Accessory) A A A A See PMC SecƟon 17.92.100 (Outdoor Dining)
Outdoor Entertainment A, MUP A, MUP A, MUP A, MUP
Restaurant, Bona Fide P P P P See PMC SecƟon 17.92.020 (Alcoholic Beverage Establishments)
Restaurant, Dine-In and Take-Out P P P P
Restaurant, Drive-Through - - - - See PMC SecƟon 17.92.050 (Drive-Through Restaurants and Drive-Through Services)
Film, Research and Development PF-C PF-P PF-S OS Specific Use RegulaƟons Film ProducƟon & Post ProducƟon - - - -
Research & Development - - - -
Industrial and Manufacturing Uses PF-C PF-P PF-S OS Specific Use RegulaƟons ArƟsan Manufacturing/Makers Space - - - -
Brewery/DisƟllery/Winery - without
tasƟng room or > 10,000 sf - - - -
Brewery/DisƟllery/Winery - with
tasƟng room and <10,000 sf - - - - See PMC SecƟon 17.92.020 (Alcoholic Beverage Establishments)
Commercial Vehicle Parking (Primary) - - - - See PMC SecƟon 17.93.010 (Commercial Vehicle Parking as Primary Use)
ConstrucƟon and Materials Yards - - - -
Food or Beverage Manufacturing - - - -
Hazardous Materials Facility - - - - See PMC Chapter 17.96 (Hazardous Materials FaciliƟes)
Indoor Warehousing, Storage,
Wholesaling, and DistribuƟon - - - -
Manufacturing, Outdoors - - - -
Exhibit I
Public FaciliƟes and Open Space Zones
Use PF-C PF-P PF-S OS Specific Use RegulaƟons
Manufacturing/Processing, Light - - - -
Manufacturing/Processing, Heavy - - -
Mining/Resource ExtracƟon - - - -
See PMC SecƟon 17.67.070120 (Mining
and Quarry Special Standards) and PMC
Chapter 17.102 (Surface Mining and
ReclamaƟon)
Mini-Storage Warehousing or Facility - - - - See PMC SecƟon 17.93.020 (Mini-Storage Warehousing or Facility)
Outdoor Storage (Accessory) A A A A See PMC SecƟon 17.92.120 (Outdoor Storage (Primary and Accessory))
Outdoor Storage (Primary) - - - - See PMC SecƟon 17.92.120 (Outdoor Storage (Primary and Accessory))
Outdoor Storage (Temporary) T; TUP T; TUP T; TUP T; TUP If less than 72 hours, allowed by right (T). If
over 72 hours, a TUP is required per PMC
SecƟon 17.26.100 (Temporary Use and
Special Event Permits). See also PMC
SecƟon 17.98.020 (Temporary Uses).
Salvage Yards - - - - See PMC SecƟon 17.93.0230 (Salvage Yards)
Temporary Structures or Storage
FaciliƟes (Temporary and Accessory) A, TUP A, TUP A, TUP A, TUP See PMC SecƟon 17.98.020 (Temporary Uses)
Lodging
PF-C PF-P PF-S OS Specific Use RegulaƟons
Bed and Breakfast - - - -
Lodging - Extended Stay - - - -
Lodging - Hotels - - - -
Lodging - Motels - - - -
Lodging - Timeshares - - - -
Public, Quasi-Public and InsƟtuƟonal Uses
PF-C PF-P PF-S OS Specific Use RegulaƟons
Civic/Government P - - -
Cultural InsƟtuƟons P - - -
Hospital CUP - - -
Public Service Facility P - - -
Social Service FaciliƟes P - - - See PMC SecƟon 17.94.040 (Social Service FaciliƟes with Congregate Meal FaciliƟes)
RecreaƟon, EducaƟon, and Public Assembly Uses
PF-C PF-P PF-S OS Specific Use RegulaƟons
AthleƟc Fields, Unlighted - P P P
AthleƟc Fields, Lighted - MUP MUP CUP See PMC SecƟon 17.86.030 (Outdoor LighƟng)
Campground - MUP - MUP
Cemeteries, Crematories, or
Mausoleums CUP CUP - -
Exhibit I
Public FaciliƟes and Open Space Zones
Use PF-C PF-P PF-S OS Specific Use RegulaƟons
College/University MUP - CUP -
Commercial RecreaƟon and Sports,
Indoor - -CUP - -
Commercial RecreaƟon and Sports,
Outdoor - -CUP - - See PMC SecƟon 17.94.030 (Golf Courses) Community Assembly, ≤ 5,000 sf (gross
sf) MUP MUP MUP - See PMC SecƟon 17.94.010 (Community
Assembly Uses)
Community Assembly, 5001 sf - 12,000
sf (gross sf) MUP MUP MUP - See PMC SecƟon 17.94.010 (Community Assembly Uses)
Community Assembly, > 12,000 sf
(gross sf) MUP MUP MUP - See PMC SecƟon 17.94.010 (Community Assembly Uses)
Family Day Care Center P P P - See PMC SecƟon 17.92.060 (Family Day Care Center)
InstrucƟonal Services, ≤ 5000 sf MUP MUP MUP -
InstrucƟonal Services, > 5001 sf MUP MUP MUP -
Open Space, Natural P P P P
Parks and RecreaƟon FaciliƟes P P P P See PMC SecƟon 17.94.030 (Golf Courses) Retreat Center - CUP CUP CUP
RecreaƟonal Vehicle (RV) Park - CUP CUP
Schools, Public or Private (TK-12) CUP - CUP -
Tutoring FaciliƟes MUP - MUP -
VocaƟonal/Trade School, ≤ 10,000 sf MUP - MUP -
VocaƟonal/Trade School, > 10,001 sf CUP - CUP -
ResidenƟal Uses
PF-C PF-P PF-S OS Specific Use RegulaƟons
Accessory Dwelling Unit (ADU) and
Junior Accessory Dwelling Unit (JADU) - - - -
See PMC SecƟon 17.91.010 (Accessory
Dwelling Unit and Junior Accessory
Dwelling Unit Standards)
Agricultural Worker Housing - - - -
Caretaker's Unit (Accessory) A - A - See PMC SecƟon 17.91.030 (Caretaker’s Units (Accessory))
Child Day Care in a Home - - - -
CoƩage Food OperaƟon - - - -
CoƩage Industry - - - - See PMC SecƟon 17.91.040 (CoƩage Food OperaƟon)
Emergency Shelters MUP - - -
Group ResidenƟal Home CUP - - -
Home OccupaƟon - - - -
Live/Work - - - -
Model Home (on-site) - - - - See PMC SecƟon 17.98.020 (Temporary Uses)
Manufactured/Mobile Home Park - - - -
See PMC SecƟon 17.91.050
(Manufactured/Mobile Home Parks) and
17.91.060 (Manufactured/Mobile Home
Park Closures)
ResidenƟal Care FaciliƟes, Small - - - -
Exhibit I
Public FaciliƟes and Open Space Zones
Use PF-C PF-P PF-S OS Specific Use RegulaƟons
ResidenƟal Care FaciliƟes, Large - - - - See PMC SecƟon 17.91.070 (ResidenƟal Care FaciliƟes, Large)
ResidenƟal Housing Types
Single-Family Dwelling, AƩached - - - -
Single-Family Dwelling, Detached - - - -
Two-Family Dwelling/Duplex - - - -
MulƟ-Family Dwelling,
Triplex/Quadplex - - - -
MulƟ-Family ResidenƟal, ≥ 5 Units - - - -
Manufactured/Mobile Home - - - -
Single-Room Occupancy CUP - - -
Sober Living Home CUP - - - See PMC SecƟon 17.91.080 (Sober Living Home)
SupporƟve Housing CUP - - -
TransiƟonal Housing CUP - - -
Yard Sales (Temporary Use) - - - - See PMC SecƟon 17.98.020 (Temporary Uses)
Retail, Service, and Office Uses
PF-C PF-P PF-S OS Specific Use RegulaƟons
Adult-Oriented Business - - See PMC SecƟon 17.92.010 (Adult- Oriented Businesses)
Alcohol & Drug Treatment Facility,
Large - - - See PMC SecƟon 17.91.020 (Alcohol &
Drug Treatment Facility)
Alcohol & Drug Treatment Facility,
Small - - - -
Alcohol Sales, Off-Sale - - - - See PMC SecƟon 17.92.020 (Alcoholic Beverage Establishments)
Animal Sales and Services - - - -
AucƟon Sales, Outdoor - - - -
AucƟon Sales, Indoor - - - -
ATM (Accessory Use) - - - -
Bail Bonds - - - -
Banks, Financial, Savings and Loan
InsƟtuƟons - - - -
Building Materials Sales and Services - - - -
Business to Business Support Services - - - -
Check-Cashing Businesses - - - -
Convenience Market - - - -
See PMC SecƟons 17.92.030 (Convenience
Markets) and PMC SecƟon 17.92.020
(Alcoholic Beverage Establishments)
Drive-Through Services (Accessory) - - - -
See PMC SecƟon 17.92.050 (Drive
Through Restaurants and Drive-Through
Services)
Farmer’s Market (Temporary) TUP TUP TUP - See PMC SecƟon 17.98.020 (Temporary Uses)
Food PreparaƟon, Commercial - - - -
Fortunetelling, Palm and Card Reading - - - -
Funeral Homes and Mortuaries CUP - - -
General Retail ≤ 5,000 sf CMUP - - -
Exhibit I
Public FaciliƟes and Open Space Zones
Use PF-C PF-P PF-S OS Specific Use RegulaƟons
General Retail 5,000 sf - 25,000 CMUP - - -
General Retail/Superstore > 25,000 -CUP - - -
Grocery Store -CUP -CUP - -
Kennels/Boarding, Commercial - - - - See PMC SecƟon 17.92.080 (Kennels/Boarding, Commercial)
Kiosk/Outdoor Vending 1 A A A A
Laundromat - - - -
Massage Establishment, Accessory
(Accessory) - - - - See PMC SecƟon 17.92.090 (Massage
Establishment (Accessory))
Massage Establishment, Stand-Alone - - - -
Medical Services, Extended Care - - - -
Medical Services,
Medical/Dental/HolisƟc/Clinic - - - -
Medical Services, Urgent Care - - - -
Microblading/Permanent Makeup - - - -
Neighborhood Market -CUP -CUP - -
Nursery/Garden Center - - - -
Office, Processing - - - -
Office, Professional/AdministraƟve - - - -
Office, Service - - - -
Outdoor Display - - - - See PMC SecƟon 17.92.110 (Outdoor Display)
Pawnshop - - - - See PMC SecƟon 17.92.130 (Pawnshops)
Personal Services - - - -
Pet Daycare - - - - See PMC SecƟon 17.92.140 (Pet Daycare) Resale/Consignment/ThriŌ Shop - - - -
Smoking Lounge - - - -
Smoke Shop - - - - See PMC SecƟon 17.92.150 (Smoke Shop) Swap Meet, Indoor - - - -
Swap Meet, Outdoor - - TUP - Outdoor swap meets require a TUP per PMC SecƟon 17.98.020 (Temporary Uses)
TaƩoo/Body Art/Piercing - - - - See PMC SecƟon 17.92.170 (TaƩoo/Body Art/Piercing Establishments)
Temporary Real Estate Sales Office
(Temporary) - - - - See PMC SecƟon 17.98.020 (Temporary Uses))
Veterinary Hospitals - - - - See PMC 17.92.190 (Veterinary Hospitals) UƟlity, TransportaƟon, and CommunicaƟon Uses
PF-C PF-P PF-S OS Specific Use RegulaƟons
Airports and Heliports CUP - - -
Co-located Small Wind Energy Systems
(CSWES) (Accessory) - - - - See PMC SecƟon 17.99.010 (Co-located Small Wind Energy Systems (CSWES))
CommunicaƟon/Wireless
TelecommunicaƟons FaciliƟes, Major CUP CUP - -
See PMC SecƟon 17.95.010
(CommunicaƟon/Wireless
TelecommunicaƟons FaciliƟes)
CommunicaƟon/Wireless
TelecommunicaƟons FaciliƟes, Minor MUP MUP MUP -
See PMC SecƟon 17.95.010
(CommunicaƟon/Wireless
TelecommunicaƟons FaciliƟes)
Exhibit I
Public FaciliƟes and Open Space Zones
Use PF-C PF-P PF-S OS Specific Use RegulaƟons
CommunicaƟon, FaciliƟes within
Buildings MUP MUP
Freight/Trucking Facility - - - -
Light Fleet-Based Services - - - -
Parking Lots & Structures P A A A
Passenger TransportaƟon FaciliƟes CUP CUP CUP -
Recycling CollecƟon Facility, Large - - - - See PMC Chapter 17.97 (Recycling FaciliƟes)
Recycling CollecƟon Facility, Small MUP - - - See PMC Chapter 17.97 (Recycling FaciliƟes)
Recycling Processing Facility, Heavy - - - - See PMC Chapter 17.97 (Recycling FaciliƟes)
Recycling Processing Facility, Light - - - - See PMC Chapter 17.97 (Recycling FaciliƟes)
Reverse Vending Machine - - - - See PMC Chapter 17.97 (Recycling FaciliƟes)
Sanitary Landfills CUP - - - See PMC SecƟon 17.98.010 (Sanitary Landfills)
Small ResidenƟal Wind Generator
Systems (SRWGS) (Accessory) - - - -
See PMC SecƟon 17.99.020 (Small
ResidenƟal Wind Generator Systems
(SRWGS))
Solar Energy System (Primary) - - - - See PMC SecƟon 17.99.030 (Solar Energy System (Primary))
UƟliƟes, Major CUP - - -
UƟliƟes, Minor P P P P
UƟlity Yard P - - -
17.84.020 Smoke or Other Particulate Matter
All proposed uses shall comply with the applicable requirements of the South Coast Antelope Valley Air Quality Management District.
17.86.010 Landscaping Requirements
A. Applicability. These standards shall apply to all new development and major additions or renovations of existing properties/structures or existing properties in the City, including any construction, expansion, or improvement on private property which requires the issuance of a building permit or other approval by the City, except business licenses. This Chapter shall not apply to the following:
1. Registered local, State or Federal historical sites;
2. Open space, Ecological restoration, or habitat areas that do not require a permanent irrigation system;
Exhibit I
3. Mined-land reclamation projects in the MRE zone that do not require a permanent irrigation system; or,
4. Existing plant collections, as part of botanical gardens and arboretums open to the public.
17.86.040 Walls and Fences
B. Maximum Height. Fences and walls shall be measured pursuant to PMC Section
17.17.030.E (Fence and Wall Height Measurement). Tiering of walls shall be allowed as long as the horizontal distance between the walls is a minimum of three feet, which must be landscaped. Unless otherwise specified and per PMC Section 17.82.070 (Safety Visibility Area Restrictions), fences, walls, and similar screening structures shall be limited to a maximum height as follows:
1. Residential and Mixed-Use Zones
a. Within Required Front Setbacks:
i. Three feet for a sight-obscuring wall, fence, or hedge. Open view fencing may be allowed up to five feet in height.
ii. On residential lots of 20,000 square feet or more, a six-foot-high open view fence may be located within the required front setback. Any gates for vehicles must be set back a minimum of 20 feet from the property line to allow for vehicle parking when the gate is closed.
iii. Walls and fencing within the front setback shall be located within the property line of the subject parcel. A wall, fence, or hedge a maximum of three feet high may be located a minimum of 12 feet from the face of curb or edge of easement.
2. Commercial/Office Zones
a. Within Required Front Setbacks. Three feet for a sight-obscuring wall, fence, or hedge.
Open view fencing may be allowed up to five feet in height.
3. Industrial Zones
a. Within Required Front Setbacks. Three feet for a sight-obscuring wall, fence, or hedge.
Open view fencing may be allowed up to five feet in height.
4. Public Facilities and Open Space Zones
Exhibit I
a. Within Required Front Setbacks. Three feet for a sight-obscuring wall, fence, or hedge.
Open view fencing may be allowed up to five feet in height.
b. All Other Required Setback Areas. Six feet. An additional foot is allowed (maximum seven feet), provided that the portion of the fence exceeding six feet in height consists of open view fencing.
5. Vacant or Abandoned Lots
a. Within Required Front Setbacks. Six feet. Must be for an open-view fence.
17.87 Off-Street Parking and Loading
Table 17.87.060-1. Required Number of Vehicle Parking Spaces Use Number of Required Spaces
Aerospace Uses
Aerospace Manufacturing 1 space/employee 1, plus 5 guest spaces, plus space to accommodate all service trucks/vehicles
Aerospace Services 1 space/employee, plus 5 guest spaces, plus space to accommodate all service trucks/vehicles
Agriculture & Animal Keeping Uses
Agricultural Support, Sales, Service, and Storage 1 space/employee Animal Husbandry and ProducƟon Not applicable
Animal Raising and Keeping (domesƟc, livestock,
horses, poultry)
Not applicable
Farmstands Not applicable
Garden/Greenhouse, Private Not applicable
HorƟcultural/Crop ProducƟon/Aquaculture 1 space/employee Kennels, Private/Hobby Not applicable
Stable/Equestrian Facility, Commercial/Public 1 space/4 stables Stable/Equestrian Facility, Hobby/Private Not applicable 1 Automobile and Vehicle Uses
Fueling StaƟon
1 space/employee, plus addiƟonal spaces for convenience store and/or service/repair if included (see Convenience Store and Vehicles and Equipment Services and Repair).
If a convenience store is included, see “General Retail” for addiƟonal required parking. If service bays are included, see “Auto and Vehicle and Equipment Services and Repair” for addiƟonal required parking.
Travel Center
1 space/employee, plus truck space parking sufficient to accommodate the use, plus addiƟonal parking required (per this table) for addiƟonal uses
Vehicle and Equipment Services and Repair, Major 2 spaces/service bay Vehicle and Equipment Services and Repair, Minor 2 spaces/service bay Vehicle Rental
3 spaces/1,000 sf of office or retail area, 1 space for each rental vehicle for planned fleet inventory, plus 1 space/service bay when repair services are included
Exhibit I
Use Number of Required Spaces
Vehicle Sales, New
3 spaces/1,000 sf of office area, 1 space for each sale vehicle for planned fleet inventory, 2.5/1,000 sf of gross floor area in the showroom, plus 1 space/service bay when repair services are included
Vehicle Sales, Used
3 spaces/1,000 sf of office or retail area, 1 space for each sale vehicle for planned fleet inventory, 2.5/1,000 sf of gross floor area in the showroom, plus 1 space/service bay when repair services are included Vehicle Sales and Rental, Large Vehicles and
Equipment
2 spaces/1,000 sf of office or retail area,
plus 1 space /1,000 sf of outdoor display
Vehicle Towing/Impounding 1 space/employee, plus sufficient vehicle spaces to accommodate all impounded vehicles
Vehicle Washing & Detailing 2 spaces/service bay or lane Vehicle Wrecking/Dismantling 5 spaces, plus 1 space/employee EaƟng and Drinking Establishments & Entertainment Uses
Bar/Nightclub/Lounge
Greater of: 1 space/3 seats or 10 spaces/1,000 sf for indoor areas, For outdoor dining/seaƟng areas > 450 sf in size: 1 space/150 sf of outdoor dining and seaƟng area over 450 sf
Brewpub/Taproom/Wine Bar/MicrodisƟllery
Greater of: 1 space/3 seats or 6 spaces/1,000 sf for indoor areas, For outdoor dining/seaƟng areas > 450 sf in size: 1 space/150 sf of outdoor dining and seaƟng area over 450 sf
Café/Bakery
Greater of: 1 space/4 seats or 5 spaces/1,000 sf for indoor areas, For outdoor dining/seaƟng areas > 450 sf in size: plus 1 space/150 sf of outdoor dining and seaƟng area over 450 sf
Cinema/Theater/Performing Arts Center 1 space/4 fixed seats, or 1 space/40 sf of assembly area if seats are not fixed
Live Entertainment as Accessory Use, Indoor
(Accessory)
Not applicable
Live Entertainment as Accessory Use, Outdoor
(Accessory)
Not applicable
Outdoor Dining (Accessory) Not applicable
Outdoor Entertainment 1 space/4 fixed seats or 1 space/60 sf of assembly area if seats are not fixed, or 1 space/1,000 sf of lot area
Restaurant, Bona Fide
Greater of: 1 space/3 seats or 6 spaces/1,000 sf for indoor areas, For outdoor dining areas > 450 sf in size: 1 space/150 sf of outdoor dining and seaƟng area over 450 sf
Restaurant, Dine-In and Take-Out
Greater of: 1 space/3 seats or 6 spaces/1,000 sf for indoor areas, For outdoor dining areas > 450 sf in size:1 space/150 sf of outdoor dining and seaƟng area over 450 sf
Restaurant, Drive-Through 1 space/employee plus 4 spaces for pickup Film, Research and Development
Film ProducƟon & Post ProducƟon 32.5 spaces/1,000 sf, plus space to accommodate all service trucks/vehicles
Research & Development
2.5 spaces/1,000 sf. For developments where office space exceeds 25% of the gross floor area, parking for that porƟon of office space shall be required at 4 spaces/1,000 sf.
Industrial and Manufacturing Uses
ArƟsan Manufacturing/Makers Space 2 spaces/1,000 sf
Brewery/DisƟllery/Winery - without tasƟng room or
> 10,000 sf
2 spaces/1,000 sf, plus space to accommodate all service trucks/vehicles
Exhibit I
Use Number of Required Spaces
Brewery/DisƟllery/Winery - with tasƟng room and
<10,000 sf
2 spaces/1,000 sf, plus 1 space/4 seats in tasƟng room area, plus space to accommodate all service trucks/vehicles
Commercial Vehicle Parking (Primary Not Applicable
ConstrucƟon and Materials Yards 1.5 spaces/1,000 sf
Food or Beverage Manufacturing 21 spaces/1,000 sf, plus space to accommodate all service trucks/vehicles Hazardous Materials Facility 1 space/employee, plus space to accommodate all service trucks/vehicles Indoor Warehousing, Storage, Wholesaling, and
DistribuƟon
0.5 spaces/1,000 sf or 1 space/employee 1 whichever is less, plus space to accommodate all service trucks/vehicles
Manufacturing, Outdoors
0.5 spaces/1,000 sf of outdoor storage area or
1 space/employee 1 whichever is greater less, plus space to accommodate all service trucks/vehicles
Manufacturing/Processing, Light 21 spaces/1,000 sf, plus space to accommodate all service trucks/vehicles Manufacturing/Processing, Heavy 1 spaces/1,000 sf, plus space to accommodate all service trucks/vehicles Mining/Resource ExtracƟon Not applicable1
Mini-Storage Warehousing or Facility 1 space /75 storage units, plus 3 spaces/1,000 sf of office area. A minimum of 5 spaces shall be provided.
Outdoor Storage (Accessory) Not applicable
Outdoor Storage (Primary) 0.5 space/1,000 sf, plus space to accommodate all service trucks/vehicles Outdoor Storage (Temporary) Not Applicable
Salvage Yards 1 space/employee, plus space to accommodate all service trucks/vehicles Temporary Buildings or Storage FaciliƟes (Temporary
and Accessory)
Not applicable
Lodging
Bed and Breakfast 1 space/guest room, plus 2 spaces/resident owner or manager Lodging – Hotels, Motels, Extended Stay
1 space/guest room, plus 4 spaces/1,000 sf of eaƟng area in a restaurant/café, plus 1 space/70 sf of seaƟng area in a ballroom/banquet hall, plus 1 space/3 employees
Lodging - Timeshares
1 space/unit, plus 1 space/10 units for guest and staff parking, plus 4 spaces/1,000 sf of eaƟng area in a restaurant/café, plus 1 space/70 sf of seaƟng area in a ballroom/banquet hall
Public, Quasi-Public and InsƟtuƟonal Uses
Civic/Government 2.5 spaces/1,000 sf of gross floor area Cultural InsƟtuƟons 2.5 spaces/1,000 sf
Hospital Adequate number as determined through Review process Public Service Facility Adequate number as determined through Review process Social Service FaciliƟes 4 spaces/1,000 sf
RecreaƟon, EducaƟon, and Public Assembly Uses
AthleƟc Fields, Unlighted Not applicable (see required spaces for primary use) AthleƟc Fields, Lighted Not applicable (see required spaces for primary use) Campground 1 space/campsite, plus 1 space/onsite caretaker Cemeteries, Crematories, or Mausoleums 1 space/6 fixed seats or 1 space/150 sf of assembly area if no fixed seats College/University Adequate number as determined through Review process
Exhibit I
Use Number of Required Spaces
Commercial RecreaƟon and Sports, Indoor
Health, Fitness and Sports Clubs: 4.5 spaces/1,000 sf Bowling Alleys and Billiard Clubs: 3 spaces /bowling lane and/or billiard table plus additional spaces for accessory uses (e.g., restaurant)
Pools: 2 spaces/1,000 square feet of pool area, minimum 5 spaces Indoor tennis, racquet, or handball facilities: 3 spaces/court Coin-operated electronic amusement centers: 4.5 spaces/1,000 sf All Other Outdoor Recreational Uses: 2 spaces/1,000 sf Plus 4 spaces/1,000 sf for associated restaurant/cafe/commercial uses.
Commercial RecreaƟon and Sports, Outdoor
Golf Facilities:
o Pitch and Putt: 3 spaces /hole
o Driving Range: 1 space/tee
o Golf Course: 5 spaces/hole
Outdoor tennis, racquet, or handball facilities: 3 spaces/court Pools: 2 spaces/1,000 square feet of pool area, minimum 5 spaces Community Assembly/Amphitheaters: 1 space/8 fixed seats or 1 space/100 sf of assembly area if no fixed seats
All Other Recreational Uses: 1 space/1,000 sf of lot area
Plus 4 spaces/1,000 sf for associated restaurant/cafe/commercial uses.
Community Assembly, ≤ 5,000 sf (gross sf) 1 space/4 fixed seats, or 1 space/40 sf of assembly area if no fixed seats Community Assembly, > 5001 sf - 12,000 sf (gross sf) 1 space/4 fixed seats, or 1 space/40 sf of assembly area if no fixed seats Community Assembly, >12,000 sf (gross sf) 1 space/4 fixed seats, or 1 space/40 sf of assembly area if no fixed seats Family Day Care Center 1 space/employee plus 1 space/8 children/adults for loading and unloading
InstrucƟonal Services, ≤ 5,000 sf 1 space/employee plus 1 space/4 students InstrucƟonal Services, > 5,001 sf 1 space/employee plus 1 space/4 students Open Space, Natural Not applicable
Parks and RecreaƟon FaciliƟes
10 spaces /net acre of active recreational area (e.g., athletic fields) within a park or playground, plus 5 spaces /net acre of passive recreational area; minimum 5 spaces
Additional spaces shall be required for uses such as swimming pools, gymnasiums, and tennis courts as follows:
o Golf Course: 5 spaces/hole
o Tennis, racquet, or handball facilities: 3 spaces/court o Pools: 2 spaces/1,000 sf of pool area, minimum 5 spaces o Gymnasiums: 2 spaces/1,000 sf
o Community Assembly/Amphitheaters: 1 space/8 fixed seats or 1 space/100 sf of assembly area if no fixed seats
Retreat Center Adequate number as determined through Review process RecreaƟonal Vehicle (RV) Park 1 space/travel trailer/RV site Schools, Public or Private (TK-12)
Elementary and Middle Schools: 1.5 spaces/classroom, plus 1 space/2 employees or admin personnel
High School: 5 spaces/classroom, plus 1 space/2 employees or admin personnel
Tutoring FaciliƟes 1 space/employee plus 1 space/4 students
Exhibit I
Use Number of Required Spaces
VocaƟonal/Trade School ≤ 10,000 sf 1 space/employee, plus 1 space/3 students VocaƟonal/Trade School > 10,001 sf 1 space/employee, plus 1 space/4 students ResidenƟal Uses
Accessory Dwelling Unit (ADU) and Junior Accessory
Dwelling Unit (JADU) (Accessory)
See SecƟon 17.91.030 (Accessory Dwelling Unit and Junior Accessory Dwelling Unit Standards)
Agricultural Worker Housing 1 space/employee, plus 1 space/unit or 1 space/3 beds Caretaker's Unit (Accessory) 1 space/unit
Child Day Care in a Home 1 space/nonresident employee plus one space for loading and unloading children plus parking required for the ResidenƟal Housing Type CoƩage Food OperaƟon (Accessory) None beyond the parking required for the ResidenƟal Housing Type CoƩage Industry (Accessory) None beyond the parking required for the ResidenƟal Housing Type Emergency Shelters 1 space/employee, plus 1 space/20 temporary residents Group ResidenƟal Home 1 space/employee, plus 1 space / bedroom/sleeping room Home OccupaƟon (Accessory) None beyond the parking required for the ResidenƟal Housing Type Live/Work 2 spaces/1,000 square feet of nonresidenƟal area plus 1 space for each residenƟal unit
Model Home (on-site) Not applicable
Manufactured/Mobile Home Park or Subdivision 2 spaces/unit (may be tandem), plus 1 guest space/5 home lots (may be provided on street)
ResidenƟal Care FaciliƟes, Small 1 space/employee, plus 1 space/facility vehicle, plus 1 space/6 beds ResidenƟal Care FaciliƟes, Large 1 space/employee, plus 1 space/facility vehicle, plus 1 space/8 beds ResidenƟal Housing Types
Single-Family Dwelling - AƩached 2 spaces /unit, of which 1 shall be enclosed Single-Family Dwelling - Detached 2 enclosed spaces /unit Two-Family Dwelling/Duplex
1 space /studio or one-bedroom unit
2 spaces /unit with two or more bedrooms
Minimum 1 space /unit shall be enclosed
MulƟ-Family Dwelling, Triplex/Quadplex
1 space per studio or one-bedroom unit
2 spaces per unit with two or more bedrooms
Minimum 1 space /unit shall be covered.
MulƟ-Family ResidenƟal, ≥ 5 Units
1 space per studio or one-bedroom unit
1.5 spaces per two-bedroom unit
2 spaces per unit with three or more bedrooms
Minimum 0.5 space per unit shall be covered.
Plus 0.2 guest space per unit
For senior housing developments (62 years or age or older): 0.5 space /unit.
Plus 0.1 guest space per unit
Manufactured/Mobile Home
See "Mobile/Manufactured Home Park or Subdivision."
Manufactured/mobile homes not within a mobile/manufactured home park or subdivision shall provide parking pursuant to the parking requirements for a "Single-Family Dwelling (AƩached or Detached)."
Exhibit I
Use Number of Required Spaces
Single-Room Occupancy 0.5 space/unit
Sober Living Home 1 space/employee plus 1 space/7 beds
SupporƟve Housing 1 space/employee plus 1 space/7 beds
TransiƟonal Housing 1 space/employee plus 1 space/7 beds Yard Sales (Temporary Use) Not applicable
Retail, Service, and Office Uses
Adult-Oriented Business Greater of: 1 space/3 fixed seats or 4 spaces/1,000 sf Alcohol & Drug Treatment Facility, Large 1 space/employee plus 1 space/7 beds Alcohol & Drug Treatment Facility, Small 1 space/employee plus 1 space/7 beds Alcohol Sales, Off-Sale 4 spaces/1,000 sf
Animal Sales and Services 4 spaces/1,000 sf
AucƟon Sales, Indoor 1 space/3 fixed seats or 1 space/50 sf in the seaƟng area used for the aucƟon if no fixed seats
AucƟon Sales, Outdoor 1 space/1,000 sf of lot area devoted to sales and display ATM (Accessory) 1 space/ATM (if stand-alone)
Bail Bonds 3 spaces/1,000 sf
Banks, Financial, Savings and Loan InsƟtuƟons 3 spaces/1,000 sf Building Materials Sales and Services 2 spaces/1,000 sf interior sales area, plus 1 space/1,000 sf exterior sales and storage area
Business to Business Support Services 2 spaces/1,000 sf, plus 1 space/service or fleet vehicle Check-Cashing Businesses 3 spaces/1,000 sf
Convenience Market 4 spaces/1,000 sf
Drive-Through Services (Accessory) Not applicable
Farmer’s Market (Temporary) 1 space/1,000 sf of lot area devoted to sales and display Food PreparaƟon, Commercial 2 spaces/1,000 sf, plus 1 space/service or fleet vehicle Fortunetelling, Palm and Card Reading 3 spaces/1,000 sf Funeral Homes and Mortuaries 1 space/4 fixed seats or 1 space/40 sf of assembly area where no seats or where temporary or moveable seats are provided
General Retail ≤ 5,000 sf 5 spaces/1,000 sf
General Retail 5,001 sf - 25,000 sf 25 spaces for the first 5,000 sf; plus 4 spaces/1,000 sf above 5,000 sf General Retail/Superstore > 25,000 sf 105 spaces for the first 25,000 sf; plus 3 spaces/1,000 sf above 25,000 sf Grocery Store 25 spaces for the first 5,000 sf; plus 4 spaces/1,000 sf above 5,000 sf Kennels/Boarding, Commercial 3 spaces/1,000 sf
Kiosk/Outdoor Vending Not applicable
Laundromat 4 spaces/1,000 sf
Massage Establishment, Accessory (Accessory) Not applicable Massage Establishment, Stand-Alone 3 spaces/1,000 sf
Medical Services, Extended Care 1 space/employee, plus 1 space/facility vehicle, plus 1 space/3 beds Medical Services, Medical/Dental/HolisƟc/Clinic 5 spaces/1,000 sf Medical Services, Urgent Care 4 spaces/1,000 sf
Exhibit I
Use Number of Required Spaces
Microblading/Permanent Makeup Greater of: 4 spaces/1,000 sf or 2 spaces/chair Neighborhood Market 4 spaces/1,000 sf
Nursery/Garden Center 2 spaces/1,000 sf of building floor area; 1 space/1,000 sf of outdoor display area
Office, Processing 7 spaces/1,000 sf
Office, Professional/AdministraƟve 4 spaces/1,000 sf
Office, Service 5 spaces/1,000 sf
Outdoor Display Not applicable
Pawnshop 5 spaces/1,000 sf
Personal Services Greater of: 4 spaces/1,000 sf or 2 spaces/chair Pet Daycare 4 spaces/1,000 sf
Resale/Consignment/ThriŌ Shop 5 spaces/1,000 sf
Smoking Lounge Greater of: 1 space/3 fixed seats or 5 spaces/1,000 sf Smoke Shop 5 spaces/1,000 sf
Swap Meet, Indoor 3 spaces/1,000 sf of floor area devoted to sales and display Swap Meet, Outdoor 1 space/1,000 sf of lot area devoted to sales and display TaƩoo/Body Art/Piercing Greater of: 4 spaces/1000 sf or 2 spaces/chair Temporary Real Estate Sales Office (Temporary) 1 space/employee, plus 2 guest spaces Veterinary Hospitals 4 spaces/1,000 sf
UƟlity, TransportaƟon, and CommunicaƟon Uses
Airports and Heliports Adequate number as determined through Review process Co-located Small Wind Energy Systems (CSWES)
(Accessory)
Not applicable
CommunicaƟons/Wireless TelecommunicaƟons
FaciliƟes, Major
1 space /maintenance vehicle operated or kept on-site; minimum 2 spaces
CommunicaƟons/Wireless TelecommunicaƟons
FaciliƟes, Minor
1 space /maintenance vehicle operated or kept on-site; minimum 2 spaces
CommunicaƟons, FaciliƟes within Buildings 3 spaces/1,000 sf of office space, plus 1 space/service or fleet vehicle Freight/Trucking Facility 2 spaces/1,000 sf of office space, plus 1 space/service or fleet vehicle Light Fleet-Based Services 2 spaces/1,000 sf of office space, plus 1 space/service or fleet vehicle Parking Lots & Structures Not applicable
Passenger TransportaƟon FaciliƟes Adequate number as determined through Review process Recycling CollecƟon Facility, Large 1 space/employee, plus 1 space/service or fleet vehicle Recycling CollecƟon Facility, Small
1 space/employee, plus 1 space/service or fleet vehicle; plus 3 spaces required for accessory small recycling collecƟon faciliƟes located at the established parking lot of the primary use
Recycling Processing Facility, Heavy 1 space/employee, plus 1 space/service or fleet vehicle Recycling Processing Facility, Light 1 space/employee, plus 1 space/service or fleet vehicle Reverse Vending Machine 3 spaces
Sanitary Landfills 1 space/employee, plus 1 space/service or fleet vehicle Small ResidenƟal Wind Generator Systems (SRWGS)
(Accessory)
Not applicable
Exhibit I
Use Number of Required Spaces
Solar Energy System (Primary) 1 space /maintenance vehicle operated or kept on-site; minimum 2 spaces
UƟliƟes, Major 1 space /maintenance vehicle operated or kept on-site; minimum 2 spaces
UƟliƟes, Minor 1 space /maintenance vehicle operated or kept on-site; minimum 2 spaces
UƟlity Yard 1 space/service or fleet vehicle
Notes:
1. Number of employees shall be based on the largest shiŌ that occurs in a typical week.
17.87.080 Use of Parking Spaces
D. Residential Zones.
1. No vehicle which is registered for commercial purposes pursuant to applicable provisions of the Vehicle Code of the State of California or other jurisdiction and which has a manufacturer’s gross vehicle weight rating of 10,000 pounds or more shall be parked or left standing on any residentially zoned property, in excess of 30 consecutive minutes unless it falls within the exceptions given in PMC Section 10.04.040.
2. Light auto repair and maintenance activities on vehicles owned and operated by the resident of a dwelling unit are permitted only within the dwelling unit’s garage, and shall be conducted pursuant to Chapter 8.36 PMC. Any waste oil, automobile fluids or automobile parts shall be disposed of as prescribed by state law and local ordinance. No vehicle repair or maintenance activities, or storage of inoperable vehicles, are permitted within driveway areas, front yard setbacks or in rear or side yard areas which are visible from a public right-of-way. No commercial auto repair activities are permitted in the residential zones.
17.96.060 Contents of Application
T. An analysis of all anticipated air quality impacts associated with the proposed facility, including the effect of wind patterns at the site, proposed mitigation measures to ensure no degradation of air quality in the area, and a copy of all required permits from the South Coast Antelope Valley Air Quality Management District, or any other agency; Z. A plan that identifies an ongoing monitoring program of air, soil, groundwater, and other environmental systems. This plan must include any monitoring requirements imposed by other permitting agencies include, but are not limited to, the South Coast
Exhibit I
Antelope Valley Air Quality Management District, the Regional Water Quality Control Board, and the State Department of Health Services;
SR-14 SB
SR-14 N
B
70TH ST E
E AVENUE S
E COLUMBIA WAY
E AVENUE N
E AVENUE L
50TH ST E
110TH ST E
90TH ST E
20TH ST W
10TH ST W
47TH ST E
E AVENUE Q
E AVENUE R-8
30TH ST W
PALMDALE BLVD
25TH ST W
20TH ST E
W AVENUE S
E AVENUE P
E AVENUE R
W AVENUE N
E AVENUE O
SIERR
A HW
Y
E AVENUE T
5TH ST E
45TH ST E
ELIZABETH LAKE RD
E PALMDALE BLVD
E AVENUE P-8
CHESEBO
RO
RD
W AVENUE O
MOUNT EMMA RD
TIERRA SUBIDA AVE
15TH ST E
W COLUMBIA WAY
65TH ST E
E AVENUE L-8
55TH ST E
PEARBLOSSOM HWY
W RANCHO VISTA BLVD
E AVENUE M-4
55TH ST W
60TH ST W
W AVENUE N-4
GO
D
DE HILL RD
17TH ST E
3RD ST E
DIVISIO
N ST
E AVENUE O-8
42ND ST E
W AVENUE N-3
25TH ST E
80TH ST E
75TH ST E
77TH ST E
E AVENUE R-12
30TH ST E
10TH ST E
40TH ST E
E AVENUE Q-14
72ND ST E
15TH ST W
18TH ST W
17TH ST W
16TH ST W
22ND ST W
RO
CKIE LN
13TH ST W
101ST ST E
114TH ST E
100TH ST E
FOREST VIEW RD
102ND ST E
ESSEX DR
5TH ST W
103RD ST E
FAIRFIELD AVE
E AVENUE L-4
MT EMMA RD
E AVENUE R-4
65TH ST W
27TH ST W
11TH ST W
12TH ST W
BLACKBIRD DR
43RD ST E
W AVENUE O-4
BOLZ RANCH RD
FORT TEJO
N RD
E AVENUE L-12
OLD NADEAU RD
W AVENUE O-8
W AVENUE M-4
BRISA DR
E AVENUE Q-10
TOURNAMENT DR
BARREL SPRINGS RD
JO
SHUA RANCH RD
W AVENUE O-12
W AVENUE M-12
LOCKHEED WAY
FANTASY ST
6TH ST E
9TH ST E
TECHNOLOGY DRW AVENUE P-8
8TH ST E
CISERO DR
E AVENUE M-8
OLIVE DR
THE GROVES
ZINNIA ST
AGENA RD
CARSON MESA RD
PARKW
OOD DR
CHALLEN
G
ER W
AY
BARSTOW RD
OCOTILLO DR
EL CAM
INO
DR
51ST ST E
81ST ST E
60TH ST E
58TH ST E
35TH ST E
96TH ST E
97TH ST E
98TH ST E
95TH ST E
91ST ST E
56TH ST E
37TH ST E
CLUB RANCHO DR
E AVENUE M-12
27TH ST E
73RD ST E
LAKEVIEW DR
E AVENUE R-11
W R LEE ERMEY AVE
53RD ST E
PO
ND AVE
62ND ST E
11TH ST E
93RD ST E
92ND ST E
57TH ST E
W AVENUE O-10
4TH ST E
116TH ST E
34TH ST W
45TH ST W
36TH ST W
40TH ST W
50TH ST W
112TH ST E
115TH ST E
113TH ST E
JOJOBA TER
VIANA DR
W AVENUE Q
111TH ST E
W AVENUE M-8
107TH ST E
108TH ST E
SUNBURST DR
106TH ST E
RAYBURN RD
GOLFERS DR
JANUS DR
BEACON LN
120TH ST E
67TH ST W
CITY RANCH RD
31ST ST E
WESTLAND DR
ALLEY
LASKER AVE
ANGELES FOREST HW
Y
RANCH CENTER DR
STOKELEY RD
E AVENUE U
TO
VEY AVE
FAIRGREEN LN
CALLE G
RILLO
DUNBAR ST
E AVENUE R-14
GREENBRIER ST
TRADE CENTER DR
25TH PL E
MAKIN AVE
FIRETHO
RN AVE
HEATHRO
W
DR
LANDO
N AVE
RANCHO VISTA BLVD
36TH ST E
GRANDVIEW DR
E AVENUE T-8
E AVENUE P-12
PAXTON AVE
KINGS RD
52ND ST E
32ND ST E
AUTO CENTER DR
SUM
AC AVE
E AVENUE N-8
LARKIN AVE
21ST ST W
E AVENUE Q-6
SIDER
NO
DR
E AVENUE Q-2
E AVENUE O-2
26TH ST E
E AVENUE Q-7
E AVENUE V
E AVENUE O-6
DAW
SO
N DR
BULLDOG AVE
TOWNCENTER DR
TESO
RO
LN
W AVENUE N-8
VICKER W
AY
W AVENUE Q-6
DANA DR
CASPIAN DR
PALMETTO DR
W AVENUE Q-8
10TH PL E
OJAI DR
70TH ST W
GU
ITA CT
E AVENUE Q-12
2ND ST E
SHEFFIELD DR
COCINA LN
ALM
O
ND AVE
DIXIE DR
SAGE TREE ST
ENTRAR DR
E AVENUE Q-11
W AVENUE S-14
16TH ST E
SHALE RD
OPAL AVE
SANDSTONE CT
SPANISH BROOM DR
18TH ST E
OLD HAROLD RD
M
ILAN
DR
E AVENUE O-14
BROOKDALE RD
MALL RING RD
SWEETBRIER ST
DIANRON RD
28TH ST W
HALEN ST
41ST ST W
32ND ST W
JO
DY LN
OLIVER LN
PACIFICA AVE
PALM TREE WAY
RUDALL AVE
LISA ST
NOLL DR
FRO
NTIER AVE
CALLE M
AZATLAN
RIVERROCK LN
E AVENUE T-2
E AVENUE Q-13
43RD ST W
WILLOWVALE RD
GU
YO
N AVE
MONACO LN
SAN M
ATEO
AVE
FOXHOLM DR
E AVENUE T-6
ALDER ST
62ND ST W
BECKY LN
GLENBUSH AVE
E AVENUE R-9
SO
LVAY ST
KEPLER RD
LEM
SFO
RD AVE
DEER RUN RD
RITA ST
QUARRY RD
VIDA LN
7TH ST W
AVENIDA ENTRADA
LA FARNIA DR
BEAR CREEK RD
E AVENUE S-2
M
ISSIO
N DR
BERNCASTLE RD
SABAL AVE
KATEE LN
6TH ST W
FERN AVE
TILTO
N DR
DATE PALM DR
GEIG
ER AVE
M
ESQ
UITE RD YUCCA TREE ST
88TH ST E
21ST ST E
SYCAMORE LN
ALPINE WAY
85TH ST E
DOWNING ST
12TH ST E
48TH ST E
22ND ST E
CAROLYN DR
105TH ST E
JUNIPER TREE RD
GO
R
HAM
LN
87TH ST E
83RD ST E
LILACVIEW
AVE
82ND ST E
23RD ST E
67TH ST E
22RD ST E
IVY DR
61ST ST E
DAISY ST
REDINGTON ST
RIDGEGATE LN
41ST ST E
SEQ
UO
IA AVE
ADAM LN
75TH ST W
RANG
ER DR
E AVENUE R-10
RO
SE ST
PETRA DR
63RD ST W
E AVENUE R-3
W AVENUE Q-10
M
IM
O
SA W
AY
CLARO WAY
CHALFONT LN
E AVENUE R-2
PALMDALE LLANO RD
CO
ULTER AVE
DOLOMITE AVE
M
YRTLE ST
ARNOLD DR
TWINCREEK AVE
29TH ST E
ABBEY LN
ADOBE DR
LIDO
DR
OAKVIEW
LN
RIBBO
N
ST
CONESTOGA CANYON RD
JULIAN LN
HI RD
REDWOOD AVE
E RANCHO VISTA BLVD
GABLE VIEW ST
PINE VALLEY CT
PEONZA LN
HENSLO
W
AVE
JUNIPER DR
RO
BIN LN
AVENUE L-8
EMDEN RD
HUBBARD ST
SUNKIST ST
PAINTBRUSH DR
29TH PL E
SHEILON ST
PRIVATE ST
W AVENUE N-12
RODEO ST
KNOLL DR
SADDLE DR
SHANER RD
CHEETAH WAY
ROZALEE DR
VIA VERDAD
SUNNY LN
TRITON DR
AVENUE L-4
VISTA DEL LAG
O
SPRINGLINE DR
SUGAR LOAF DR
VISTA LINDA
HOMERIDGE DR
MARICOTTE DR
ASPERIN ST
NAPA WAY
MELTON AVE
ALMA LN
MARK AVE
CRICKET LN
PUERTA AVE
CHAPELLE ST
DENISE ST
JACO
B DR
DESERT VIEW
DR
W AVENUE R
BAYBERRY ST
NICKLE ST
JE
NNA LN
AMARGOSA DR
CHELSEA LN
FAIRW
AY DR
EAGLE BUTT RD
CLUB VISTA AVE
DEVILLE ST
M
AUREEN ST
E AVENUE N-12
VENTANA DR
PIONEER DR
TRUDEAU LN
ERIKA LN
VISTA DR
VITRINA LN
RIMFIELD DR
W AVENUE U
E AVENUE N-4
35TH ST W
E AVENUE S-8
E AVENUE L-5
PENCA AVE
E AVENUE L-3
AIDEA ST
DALZELL ST
PENINA WAY
SANDRA LN
GRAND CYPRESS AVE
COBBLE CT
E AVENUE T-4
MARIPOSA AVE
CARO
LSIDE AVE
BO
UQ
UET CYN RD
CHARLOTTE PL
SPRIN
G
FIELD ST
W
HITECLIFF ST
SCOTT AVE
NICO
LE DR
E CARSON MESA RD
TILBURY DR
BOGIE ST
ALIDA LN
33RD ST E
WINDTREE CIR
BARREN AVE
PO
RT AVE
ATLAS WAY
SONORA WAY
SIERRA ANCHA DR
LAURIE LN
E AVENUE Q-5
PASEO FORTUNA
E AVENUE Q-4
JACKLIN AVE
E AVENUE U-3
13TH ST E
BUCHET DR
FOXTAIL DR
CO
BALT ST
M
ISHA LN
TACKSTEM
ST
LO
UISE LN
28TH ST E
CLOVERDALE CT
LAKEPO
INTE LN
E AVENUE L-11
M
ARAVILLA DR
CASTANA LN
RAINTREE LN
GIAVO
N ST
E AVENUE L-13
HAROLD 2ND ST
ALAMOSA AVE
HALFM
O
O
N DR
KATRINA PL
BLUE SAGE DR
CROWNE DR
ETHAN PL
HARVEY STE AVENUE R-5
15TH PL E
CREST DR
CO
PPER LN
DEARBORN AVE
SPO
O
NER AVE
CONIFER DR
JACARTE AVE
BOLTON AVE
DO
HENY LN
W AVENUE P-6
E AVENUE O-12
PICO
W
AY
PASEO HERMOSO
E AVENUE N-10
HERITAGE LN
RAINER DR
RAM
O
NA RD
ALABAR DR
PARKVIEW DR
DELTA LN
PEBBLE W
AY
ALTON DR
CHUCKWAGON RD
COLONIAL DR
EVANS ST
BELINI WAY
E AVENUE S-3
CELTIC DR
DELICIOUS LN
E AVENUE S-10
CALDRO
N ST
FINCHLEY RD
HILLSIDE PL
STANFILL RD
RED TAIL DR
W AVENUE R-12
SO
UDAN AVE
42ND ST W
CARRIAG
E W
AY
APRICOT DR
LEG
ACY LN
MIRAMAR LN
PALLAS CT
GR
ANITE ST
PANTHER DR
ANTELOPE HWY
ARNOLDALE AVE
M
AHO
NIA AVE
FREESTONE LN
OAK HILL ST
PEACHTREE LN
CHALONE DR
CEDRELA AVE
SUNGATE DR
BLACKBERRY RD
FATIMA AVE
TURNER DR
CASITA CT
MINSTREL DR
CHELSEA CT
BETHPAGE DR
LUPINE ST
VALLEYLINE RD
ANDREA DR
SINALO
A ST
CORK OAK ST
PENARA ST
E AVENUE R-6
DEL M
AR ST
PO
PULUS AVE
KARI LN
CALLET ST
PISCES CIR
PALM
VISTA AVE
RAM
BLER AVE
KARLING PL
HAMPTON RD
RO
YCE CT
W AVENUE P-4
LAGO LINDO RD
86TH ST E
M
APLE ST
ARGYLE LN
LA LO
M
A AVE
CAMPBELL ST
KYLE PL
WILD TREE ST
E AVENUE Q-15
BELL AVE
NANDINA DR
FULHAM CT
GAZELLE ST
JUPITER AVE
DIJO
N LN
ALOJAR LN
CORAL CT
SANDWOOD WAY
GENOA PL
ANDO
RRA DR
HIDEAWAY PL
PALO
M
INO
CT
SADDLEBACK RD
HENDON DR
WINDSOR PL
OXFO
RD DR
CHANTI CT
GRANADA DR
ANNETTE AVE
RETSINA ST
PECAN ST
FUSCHIA DR
M
ESILLA AVE
E AVENUE P-14
BOXLEAF RD
LARCHW
OOD DR
LAS PALMAS AVE
MEADOW LN
LUANN DR
SR-14 SB O
N-RAM
P
HAROLD 3RD ST
BRETON PL
CIM
A M
ESA DR
W AVENUE M-14
PERID
O
T LN
LA COTA DR
SO
NO
M
A R
D
SEREDIPITY W
AY
ACORDE AVE
SR-14 N
B O
FF-RAM
P
ALLEPO LN
SAN YSIDRO
W
AY
TERRACE JUNGFRAU AVE
SADDLEBACK DR
M
ALBY AVE
CASTALA DR
CO
RTINA W
AY
ELM
IR
A ST
ROCKROSE ST
BALADA DR
CIELO
VISTA DR
CASAMIA AVE
E AVENUE T-10
NEW
BURY PL
LAUREL AVE
SEVILLE AVE
STAINR
IDG
E AVE
SR-14 SB O
FF-RAM
P
E AVENUE U-2
SR-14 SB O
N RAM
P
PARKERTON DR
AUTO VISTA DR
COMMERCE AVE
ATMORE ST
SIMSBURRY ST
SR-14 N
B O
N-RAM
P
E AVENUE S-4
SOUTHVIEW CT
DE ANZA DR
TRENTON AVE
SUNRISE TER
MANZANITA DR
VANDAL WAY
E AVENUE P-5
E AVENUE P-4
E AVENUE P-3
E AVENUE P-2
E AVENUE P-1
LA Q
UINTA LN
LYON AVE
NIDO CT
LASSERON DR
IRO
NHO
RSE DR
JAMES PL
ERWIN DR
DAHLIA CT
BERKSHIRE DR
GARNET AVE
E AVENUE S-12
W
ILTON DR
ALFALFA RDNO
VA AVE
SHERRY W
AY
WINDSTAR WAY
W AVENUE S-4
CLUB DR
SLAYTON ST
SUM
M
IT PL
DUOMO ST
CHANTILLY LN
REG
ENCY PL
E ANTELOPE HWY
ASHBERRY DR
BARRINSO
N ST
GR
ETCHEN W
AY
E AVENUE O-4
LAS BRISAS TER
SHERATON ST
E PRIVATE ST
BOBBIE AVE
ARM
FIELD AVE
WATFORD WAY
PEARLBLOSSOM HWY
PADDINGTON DR
CYPRESS AVE
WEST PARK DR
FIRENZE DR
RACQUET LN
COLUMBIA AVE
CINNABAR AVE
CONTES ST
SUNSHINE PKWY
SM
O
KE TREE ST
DOWELL AVE
JASMINE ST
HOLLOWGLEN DR
RO
BINA AVE
W PALMDALE BLVD
VERSAILLES ST
PORTOLA DR
HARVEST LN
EVERGEM AVE
RIVER
BEND ST
BELLESHIRE WAY
HENNA LN
CAUCTUS DR
MESA VERDE AVE
CLEARW
O
O
D CT
SUNBURST ST
HACIENDA DR
RUBYRED LN
CAMINITO LN
BEE CT
AUTUMMIST DR
ARBO
R LN
DENHAM DR
JOSHUA HILLS DR
HERITAGE PL
ANA VERDE DR
ECLIPSE DR
VIA DEL RIO
BIENVENEDA TER
SAN ANTONIO DR
LITCHFIELD ST
QU
EEN ANNE PL
BOUQUET LN
HANSA ST
DAYLILY PL
MOUNTAIN VIEW DR
BO
XHO
RN ST
W
OODSHIRE DR
W AVENUE Q-12
M
ARSALA DR
VIRG
INIA ST
ATLANTA ST
LYNX W
AY
SHASTA PL
LENNOX CT
BLAZING
STAR ST
JAMESTOWN RD
IRONWOOD AVE
66TH ST E
E AVENUE R-13
LADELLE AVE
CHANTEL LN
23RD ST W
DESERT OAK DR
BRIDLE CT
GOLDEN JUBILEE LN
TAFT LN
RIVIERA CT
ARISTO
PL
HAROLD GARNIER AVE
JO
NAS RD
NO
NPAREIL DR
CANTARA DR
W AVENUE P-12
GLENRAVEN AVE
W
YNGATE ST
GEM
INI CT
LO
CKHART AVE
TOWNCENTE DR
MARBELLA LN
GEMSTONE AVE
KESTON DR
SUNSTREAM AVE
PICTORIAL ST
VILLA M
O
URA DR
DESERT LILLY CT
PALM
S PL
3RD ST W
DO
VER DR
CAMELLIA ST
SIM
I ST
BOSC LN
JACARAND
A ST
E AVENUE L-15
SATURN AVE
5TH PL W
M
ERRYVALE LN
DEVONSHIRE DR
KEITH CT
MOONFLOWER CT
W
ISTERIA TRL
FARNBO
RO
UG
H AVE
LISBON CT
PERSIAN W
AY
FLAG
W
AY
WINDRIFT CIR
SABRA LN
VIA TRANQILO
KELLY CT
PATTY CT
FAITH W
AY
CARDIFF ST
AMBERIDGE WAY
PORTLAND AVEEBONY DR
W EAGLE LN
STALLION DR
TRAILRIDGE ST
MARSEILLES DR
LARAME ST
SNAKE LN
HEIG
HTS DR
RAINER AVE
E AVENUE T-12
ELMWOOD AVE
DORER ST
CASSIA DR
LEMONWOOD DR
PEART AVE
SERRA WAY
SYLVAN ST
LADYFERN LN
KINGSBURY RD
CARM
EL RD
49TH ST E
MAGDA CT
WRIGHTWOOD WAY
NEIL DR
CLARK CT
PANTANO
RD
W
ATERM
AN AVE
BRADCLIFF WAY
EXPLORER WAY
QUAIL ST
TACO
M
A ST
WINDWOOD DR
SIAM
ESE LN
YO
RKSHIRE DR
SENNA LN
PIAZZA PL
ONYX DR
AVOCADO LN
PINNACLE W
AY
NILGON ST
MONTEREY PL
TIO
G
A CT
WELLINGTON DR
ST LAURENT WAY
LEXINGTON CT
KINGMAN DR
TALENTO WAY
E AVENUE Q-9
JEANETTE ST
HARROW CT
M
EDEA CT
ELSDALE PL
CIELO DR
VISTA CALM
A
JA
CINTO
W
AY
TAMARACK LN
DREXEL ST
M
IDDLEBURY ST
PRESTON RD
PELIO
N CT
PERSIMMON LN
VISTA POINT WAY
SW
EETBRUSH ST
19TH ST E
E AVENUE R-7
M
ARINER
CT
RUBY LN
OR
HID LN
CECINA PL
HEATHER AVE
GEMELOS CT
BERYL CT
SCO
M
AR ST
KINDA DR
VISTA LEON
5TH PL E
M
O
NARCH ST
CHARDO
NNAY AVE
HONEYSUCKLE AVE
ROLLINGRIDGE AVE
VICTO
RIA ST
32ND ST
LILAC DR
AVENUE S-12
THISBE C
T
HASTING
S ST
CAPRI CT
VISIO
NS ST
BRISTO
L CT
SAFARI CT
PEVERO
CT
THOMAS AVE
SABAL ST
CALABAR CT
GREENCREST WAY
WICKFORD WAY
HAXBY ST
HAM
PSHIRE ST
LITTLE LEAF DR
MEADOWVIEW ST
CO
UNTRY RD
EDGEMONT DR
W
ESLEY C
T
SIMILAX CT
BEXLEY AVE
PRESEBRE DR
OAK BARRELL CT
RO
SEM
ARIE ST
FIDDLENECK CT
PLANTAIN LN
DUNM
O
RE AVE
SAGUARO ST
E AVENUE Q-3
HILLCREST DR
TEAL ST
E AVENUE V-2
W
ALTHAM
PL
RO
YAL CT
VALBERG
ST
KONA CT
SAN C
ARLO
S W
AY
W
ALRUS W
AY
PO
SEIDO
N DR
CRISTALINO
AVE
SCHYVO
N DR
FULLM
O
O
N ST
M
ENTOR
CT
SILVERSPUR LN
JE
RI LN
E AVENUE U-6
KNIGHT WAY
WILLOWBROOK AVE
W AVENUE T-4
PO
LO
CT
TERRA VERDE DR
JAGUAR CT
CITRON PL
TAOS PL
BRITTTLEBUSH ST
W AVENUE R-8
HORIZON RD
STACY LN
ANTIBES DR
YUM
A C
T
TAM
PA CT
LO
W
ES D
R
ZINNEY RD
VIA VERDE AVE
THORNCROFT CIR
ANTIBES CT
AZTEC PL
CLUNY AVE
NO
RW
ICH D
R
MORISAN AVE
WINDERMERE CT
OSO WAY
COMET CT
DERBY CT
BENGAL CT
PEACH DR
STO
NEG
ATE LN
W AVENUE P-14
DURANG
O
PL
WHISPERING WILLOW ST
RAPHAEL LN
VIA PRIMERO
E AVENUE Q-1
W AVENUE Q-4
BEECHDALE DR
VERONA LN
LINDEN CT
BONITA DR
TABLE MOUNTAIN RD
HELCONIA CT
DEBRA ANN PL
OAKCREST AVE
GILA CT
HARVARD LN
KAREN DR
BERNARDIN DR
HAROLD 5TH ST
MADRID CT
AVENIDA CLASSICA
SWAN DR
SANDBRO
O
K DR
WESTLAKE DR
EVETTE CT
OC
O
TILLO
SCHO
O
L RD
RO
W
AN CT
SPYGLASS DR
SATIN CT
TRAPANI AVE
APOLLO AVE
ADELA CT
NIGHTSKY PL
E AVENUE N-1
SIBERIAN CT
EVENING
SID
E DR
DELSON DR
PLAZA CT
CHICORY LN
MARCUS AVE
CAM
BRID
GE LN HUDSO
N ST
AM
ETHYST ST
SHARO
N LN
RO
CKCLIFF CT
APOLENA WAY
LONSDALE CT
VINTAG
E CT
INDO
G
O
W
AY
WOOD CT
CASABA TER
SMALL RD
PARKER DR
IRO
N CT
ATKA CT
COSMOS CT
LLOYDS CT
SAVILLE PL
BO
XTHO
RN ST
UPPER CT
PLUMERIA LN
VIA NUEVO
ESTATES LN
AMY LN
PRAIRE LN
PATRICIA LN
DRIFTWOOD PL
TIGERTAIL CT
DENA ST
W
IM
BLEDO
N CT
ANDERSON AVE
HAM
M
ER ST
HORNBEAM RD
TOBIRA DR
HILLTOP TER
CALLE DEL SOL
LIO
N W
AY
E AVENUE R-1
CHERRY DR
COVENTRY PL
VITO LN
ADOBE CT
RUSS PL
TOSCANY CT
CLOCKTOWER DR
TELEGA PL
GILES LN
BIANC
A AVE
TO
RR
ING
TO
N ST
FELO
ITAS AVE
PAGOSA CT
ESTRELLA CT
BASCOM LN
SLATE CT
PEARL PL
CHIP CT
CASA CT
BARO
C
IR
LEO
CIR
MIRKWOOD CT
E AVENUE S-1
KENSINGTON WAY
VINTAG
E DR
PEARBLOSOM HWY
PALERMO DR
DUFFEL ST
RO
O
SEVELT DR
KORAT DR
MORNING DEW ST
BOISE CT
DIAMOND ST
LIMA AVE
HICKORY ST
PRIM
RO
SE CT
ALLEN CT
LIANA LN
AGATE CT
CALCEDO
NY CT
E AVENUE Q-16
JAIME CT
PRO
VENCE PL
E PRIVATE
SCALEA CT
LA Q
UINTA CT
LIGHTHOUSE LN
E AVENUE R-15
E AVENUE R-16
PEWTER AVE
SILK TREE LN
CRESCENT CT
BARCELONA DR
GR
ANT CT
REGENCY WAY
PEACEFUL VALLEY RD
DELBON WAY
GRASS DR
WATERFORD CT
77TH ST W
POTTER DR
SUNRIDGE CT
HAW
THO
RNE ST
THEODORE CT
DEBLYNN CT
CAPITAN CT
VIKINGS WAY
SANDPIPER PL
LARKSPUR
DR
AUBURN CT
MESSINA CT
PINO
N CT
GR
ANT DR ARCHAIL CT
POSADA CTCANTAMAR CT
CASERTA CT
SAINT LAURENT PL
FRIENDLY AVE
BRION CT
AMIATA LN
CHINA PL
ANG
ELE TRUM
PET CT
CAM
DEN CT
CASTILLO DR
FINVILLE AVE
E R LEE ERMEY AVE
LO
NG
HO
RN CT
COLINA CT
WINDOSR PL
WILLISTON ST
NORTHSTAR DR
BLUFF CT
RIDGEWOOD CT
DAVON W
AY
COMSTOCK CT
MILFORD CT
DUVAL CT
CO
LCHESTER CT
M
ESA LN
PASEO BRAVO
DOLE PL
BICKNELL CT EDDY LN
DIVISIO
N ST
SOUTHVIEW CT
55TH ST E
PRIVATE ST
50TH ST E
E AVENUE Q-1
W AVENUE N
DESERT OAK DR
E AVENUE Q-10
KATRINA PL
HILLCREST DR
30TH ST E
PEARBLOSSOM HWY
CARO
LSIDE AVE
72ND ST E
BARSTOW RD
52ND ST E
SR-14 N
B O
N-RAM
P
ELIZABETH LAKE RD
29TH ST E
87TH ST E
92ND ST E
11TH ST E
15TH ST E
15TH ST W
103RD ST E
12TH ST E
77TH ST E
22ND ST E
108TH ST E
E AVENUE Q-12
E AVENUE R-4
3RD ST E M
AUREEN ST
28TH ST E
KATRINA PL
ANTELOPE HWY
E AVENUE T-4
E AVENUE O
113TH ST E
96TH ST E
E AVENUE Q-6
E AVENUE Q-10
DATE PALM DR
E AVENUE Q-2
95TH ST E
E AVENUE L-4
PRIVATE ST
102ND ST E
SWEETBRIER ST
E AVENUE O-8
77TH ST E
SABAL AVE
E AVENUE R-6
11TH ST W
E AVENUE R-5
20TH ST E
CARO
LSIDE AVE
67TH ST E
BARSTOW RD
E AVENUE Q
E AVENUE R
3RD ST E
W AVENUE M-8
W AVENUE N-8
52ND ST E
12TH ST W
RANCHO VISTA BLVD
5TH ST W
TACKSTEM
ST
E AVENUE Q-12
37TH ST E
E AVENUE R-6
OPAL AVE
E AVENUE Q-12
66TH ST E
E AVENUE R-2
28TH ST E
E AVENUE S-4
50TH ST E
E AVENUE Q-7
SUNGATE DR
E AVENUE L-12
VITRINA LN
E AVENUE N-4
E AVENUE R-12
DIVISIO
N ST
62ND ST E
5TH ST E
E AVENUE Q-12
97TH ST E
36TH ST E
DIANRON RD
11TH ST E
47TH ST E
42ND ST E
SPANISH BROOM DR
DIVISIO
N ST
PEARBLOSSOM HW
Y
NEW
BURY PL
SIERR
A HW
Y
E AVENUE O
23RD ST E
W AVENUE S-4
51ST ST E
80TH ST E
E AVENUE T-4
115TH ST E
E AVENUE R-11
42ND ST E
E AVENUE R-8
E AVENUE L-12
W AVENUE M-12
E AVENUE P
E AVENUE R
E AVENUE Q-6
32ND ST E
70TH ST E
100TH ST E
W R LEE ERMEY AVE
E AVENUE Q
LINDEN CT
10TH ST E
W AVENUE M-4
11TH ST W
E AVENUE Q-12
100TH ST E
12TH ST E
PRIVATE ST
PRIVATE ST
E AVENUE R-4
E AVENUE Q-10
50TH ST E
30TH ST E
E AVENUE R-10
E AVENUE R-7
95TH ST E
3RD ST E
E AVENUE Q-5
E AVENUE U
50TH ST E
115TH ST E
25TH ST E
16TH ST W
W AVENUE M-8
5TH PL E
60TH ST E
21ST ST E
97TH ST E
E AVENUE T-2
LAGO LINDO RD
E AVENUE L-4
E AVENUE T-2
ALLEY
VICTO
RIA ST
23RD ST E
E AVENUE Q-12
8TH ST E
15TH ST E
50TH ST E
9TH ST E
FERN AVE
E AVENUE R-14
37TH ST E
MADRID CT
93RD ST E
60TH ST E
E AVENUE S-4
THOMAS AVE
75TH ST E
22ND ST E
PRIVATE ST
72ND ST E
17TH ST E
E AVENUE R-4
E AVENUE Q-6
W
INDTREE CIR
22ND ST E
E AVENUE Q-11
W AVENUE N-8
35TH ST E
SIERR
A HW
Y
E AVENUE L-4
PRIVATE ST
ALDER ST
E AVENUE R-6
E AVENUE L-12
LAKEVIEW DR
56TH ST E
E AVENUE T-8
E AVENUE P-4
91ST ST EPALM
S PL
12TH ST W
27TH ST E
28TH ST E
W AVENUE N-12
E AVENUE Q-6
E AVENUE R-9
11TH ST E
27TH ST E
FOXHOLM DR
35TH ST E
93RD ST E
6TH ST E
E AVENUE Q-4
9TH ST E
E AVENUE O-12
33RD ST E
15TH ST W
E AVENUE Q-4
3RD ST E
E AVENUE L-8
40TH ST E
E AVENUE R-12
SUNGATE DR
E AVENUE Q-5
BOISE CT
E AVENUE Q-6
E AVENUE L-8
SR-14 SB ON-RAMP
36TH ST E
102ND ST E
JAM
ES PL
112TH ST E
SR-14 SB OFF-RAMP
105TH ST E
13TH ST W
11TH ST E
E AVENUE Q-14
2ND ST E
PRIVATE ST
W COLUMBIA WAY
E AVENUE T-8
COCINA LN
101ST ST E
PRIVATE ST
E AVENUE P-8
10TH ST E
DIVISIO
N ST
E AVENUE R-12
PRIVATE ST
30TH ST E
E AVENUE Q-4
STAINR
IDG
E AVE
PRIVATE ST
JE
NNA LN
80TH ST E
45TH ST E
95TH ST E
ALLEY
W AVENUE N-8
TILBURY DR
ALLEY
90TH ST E
BARSTOW RD
57TH ST E
92ND ST E
56TH ST E
19TH ST E
COCINA LN
ATLAS WAY
E AVENUE R-4
42ND ST E
17TH ST W
15TH ST W
25TH ST W
E AVENUE Q-5
3RD ST E
30TH ST E
E AVENUE R
W AVENUE M-8
E RANCHO VISTA BLVD
27TH ST E
E AVENUE Q-11
9TH ST E
E AVENUE T-12
CO
BALT ST
W COLUMBIA WAY
RUSS PL
29TH ST E
28TH ST E
E AVENUE L-8
ALLEY
17TH ST E
E AVENUE T-4
91ST ST E
E AVENUE R-10
E AVENUE R-8
112TH ST E
E AVENUE Q-2
16TH ST E
W PALMDALE BLVD
75TH ST E
PRIVATE ST
E AVENUE O-8
NICKLE ST
M
AUREEN ST
22ND ST W
E AVENUE Q
E AVENUE T-4
26TH ST E
53RD ST E
E AVENUE R-12
112TH ST E
E AVENUE R-6
E AVENUE T-2
27TH ST E
25TH ST E
115TH ST E
112TH ST E
E AVENUE S
35TH ST E
PRIVATE ST
E AVENUE M-8
WELLINGTON DR
PRIVATE ST
60TH ST E
LARKIN AVE
E AVENUE R-5
E AVENUE Q-4
3RD ST E
E AVENUE Q-12
VERONA LN
12TH ST E
91ST ST E
27TH ST E
E AVENUE Q-4
BEE CT
E AVENUE S-4
E AVENUE R
W AVENUE P-4
80TH ST E
E AVENUE Q-14
AUBURN CT
BARREL SPRINGS RD
93RD ST E
E AVENUE Q-10
ALLEY
BARREL SPRINGS RD
53RD ST E
55TH ST E
E AVENUE O
JOSHUA RANCH RD
33RD ST E
E AVENUE R-14
DIVISIO
N ST
E AVENUE O
ALLEY
E AVENUE V
6TH ST E
M
ISSIO
N DR
E AVENUE Q-13
CALDRO
N ST
32ND ST E
W AVENUE M-4
97TH ST EMONACO LN
RO
SE ST
OPAL AVE
W AVENUE R
CHARLOTTE PL
E AVENUE P-8
GRANDVIEW DR
M
YRTLE ST
E AVENUE M-8
E AVENUE R-2
HICKORY ST
PEO
NZA LN
W AVENUE O-4
SR-14 N
B O
N-RAM
P
E AVENUE Q-15
BLUE SAGE DR
3RD ST E
9TH ST E
25TH ST E
5TH ST E
E AVENUE R-1
E AVENUE L
E AVENUE Q-2
11TH ST W
E AVENUE O-8
11TH ST W
40TH ST E
SYCAMORE LN
VITRINA LN
BEAR CREEK RD
42ND ST E
ALLEY
W AVENUE S-14
W
ESLEY C
T
43RD ST E
37TH ST E
PALM
S PL
90TH ST E
29TH ST E
55TH ST E
RO
SEM
ARIE ST
PRIVATE ST
98TH ST E
W AVENUE N-4
25TH ST E
17TH ST E
E PALMDALE BLVD
W AVENUE O-8
97TH ST E
OPAL AVE
TURNER DR
112TH ST E
16TH ST E
88TH ST E
100TH ST E
52ND ST E
W AVENUE O-12
ALLEY
18TH ST W
E AVENUE Q-6
35TH ST E
12TH ST E
10TH ST E
111TH ST E
E AVENUE N-12
SIERR
A HW
Y
TIER
RA SUBIDA AVE
E AVENUE R-12
20TH ST E
53RD ST E
26TH ST E
E AVENUE Q-2
25TH ST E
E AVENUE Q-12
E AVENUE S-4
TECHNOLOGY DR
E AVENUE T-6
E AVENUE L-4
6TH ST E
12TH ST W
E AVENUE L-12
95TH ST E
97TH ST E
W AVENUE N-8
92ND ST E
105TH ST E
W AVENUE N-8
52ND ST E
92ND ST E
70TH ST W
E AVENUE Q
6TH ST E
33RD ST E
E AVENUE T-4
37TH ST E
E AVENUE S-8
W AVENUE O
E AVENUE R-5
95TH ST E
ALLEY
W AVENUE O-4
41ST ST E
E AVENUE Q-4
E AVENUE L-4
PRIVATE ST
RACQUET LN
TESO
RO
LN
5TH ST W
113TH ST E
E AVENUE R-4
E AVENUE N-8
CITY RANCH RD
4TH ST E
92ND ST E
E AVENUE Q
75TH ST E
PEARBLOSSOM HWY
RANCHO VISTA BLVD
6TH ST E
OPAL AVE
53RD ST E
KATRINA PL
ACORDE AVE
52ND ST E
E COLUMBIA WAY
PRIVATE ST
E PALMDALE BLVD
15TH ST E
E AVENUE Q
62ND ST W
E AVENUE T-8
PALMDALE BLVD
BARREL SPRINGS RD
37TH ST E
12TH ST E
E AVENUE Q-10
27TH ST W
POPULUS AVE
DALZELL ST
CASTANA LN
E AVENUE Q-12
KATRINA PL
22ND ST W
E AVENUE Q-14
BARREL SPRINGS RD
25TH PL E
8TH ST E
W AVENUE M-8
18TH ST E
CHALONE DR
TRADE CENTER DR
E AVENUE L
57TH ST E
100TH ST E
57TH ST E
5TH ST E
PRIVATE ST
YUCCA TREE ST
95TH ST E
51ST ST E
E AVENUE T-6
E AVENUE Q-12
58TH ST E
ADOBE DR
W AVENUE O-8
105TH ST E
E AVENUE Q-2
6TH ST E
27TH ST W
W AVENUE N-12
40TH ST E
PRIVATE ST
GIAVO
N ST
16TH ST E
96TH ST E
107TH ST E
42ND ST E
E AVENUE Q
45TH ST E
KARLING PL
E AVENUE T-2
W AVENUE N-8
JA
M
ES PL
E AVENUE Q-6
E AVENUE Q
BARSTOW RD
SIERR
A HW
Y
W R LEE ERMEY AVE
W AVENUE M-12
PRIVATE ST
50TH ST E
DE ANZA DR
37TH ST E
PRIVATE ST
W AVENUE N-12
E AVENUE N-8
PRIVATE ST
E AVENUE L-4
E AVENUE R-3
30TH ST E
E AVENUE R-7
75TH ST E
22ND ST W
E AVENUE M-12
PRIVATE ST
E AVENUE L-8
E AVENUE T-8
E AVENUE Q-4
E AVENUE R-11
TO
VEY AVE
E AVENUE R-8
E AVENUE P-8
43RD ST E
53RD ST E
E AVENUE R-4
BARREL SPRING
S RD
JU
NIPER TR
EE R
D
13TH ST E
E AVENUE R-12
CAPRI CT
AVENUE S
AVENUE Q
AVENUE L
AVENUE R
SB SR 14
NB SR 14
AVENUE P-8
COLUMBIA WAY / AVENUE M
AVENUE T
AVENUE N
PALMDALE BLVD
SIERRA HIGHW
AY
110TH STREET EAST
120TH STREET EAST
AVENUE P
40TH STREET EAST
AVENUE L-8
90TH STREET EAST
AVENUE M-8
ELIZABETH LAKE ROAD
AVENUE O
50TH STREET EAST
25TH STREET EAST
AVENUE O-8
35TH STREET EAST
RITTER RANCH ROAD
30TH STREET W
EST
DIVISION STREET
20TH STREET EAST
30TH STREET EAST
20TH STREET WEST
100TH STREET EAST
10TH STREET EAST
45TH STREET EAST
CITY RANCH ROAD
AVENUE N-8
FORT TEJO
N ROAD
50TH STREET W
EST
45TH STREET W
EST
BRIDGE ROAD
87TH STREET EAST
OLD HAROLD ROAD
35TH STREET EAST
AVENUE N
AVENUE O
PALMDALE BLVD
AVENUE P
COLUMBIA WAY / AVENUE M
AVENUE N
AVENUE O
DIVISION STREET
CITY RANCH ROAD
AVENUE M-8
6/29/2023
SP-Ritter Ranch
SP-Anaverde
Nuevo
SP-Rancho Vista
SP-Lockheed
SP-AV
Auto
Center
SP-Palmdale
Transit Area
SP- Antelope
Valley Business
Park
Lake Palmdale
°
0 1.5 30.75 Miles
Major Highway/Arterial
Railroad
Sphere of Influence
City Boundary
Palmdale Zoning Map
Equestrian Residential (ER)
Low Density Residential (LDR)
Single Family Residential 1 (SFR 1)
Single Family Residential 2 (SFR 2)
Single Family Residential 3 (SFR 3)
Mixed Use 1 (MU 1)
Mixed Use 2 (MU 2)
Mixed Use 3 (MU 3)
Neighborhood Commercial (NC)
Visitor Commercial (VC)
Public Facility-Park (PF-P)
Public Facility-School (PF-S)
Public Facility-Civic (PF-C)
Utilities (U)
Water Body/Aqueduct
Medical Flex (MEDFX)
Educational Flex (EF)
Specific Plan (SP)
Open Space (OS)
Mineral Resource Extraction (MRE)
Mobile Home (MH)
Residential Neighborhood 2 (RN 2)
Residential Neighborhood 1 (RN 1)
Residential Neighborhood 3 (RN 3)
Residential Neighborhood 4 (RN 4)
Office Flex (OF)
Light Industrial (LI)
Heavy Industrial (HI)
Regional Commercial (RC)
Aerospace Industrial (AI)
Prezone Public Facility-Park
Prezone Utilities
Prezone Specific Plan
Prezone Residential Neighborhood 2
Prezone Public Facility-Civic
Prezone Public Facility-School
Prezone Aerospace Industrial
Prezone Mineral Resource Extraction
Prezone Heavy Industrial
Prezone Light Industrial
Prezone Open Space
Prezone Neighborhood Commercial
Prezone Mobile Home
Prezone Single Family Residential 1
Prezone Single Family Residential 2
Prezone Single Family Residential 3
Prezone Low Density Residential
Prezone Equestrian Residential Planned Developments
PD-21-001
PD-15-01 PD-18-002
PD-19-001
PD-16-001
TRADE CENTER DRIVETIERRA SUBIDA AVENUE
EXHIBIT II
City Council Staff Report
DATE: AUGUST 16, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
DISTRICTS: ALL
SUBJECT: ADOPT ORDINANCE NO. 1614, AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALMDALE APPROV ING VARIOUS
AMENDMENTS TO THE PALMDALE MUNICIPAL CODE
ISSUE
Adopt Ordinance No. 1614 approving various amendments to the Palmdale Municipal Code (PMC)
RECOMMENDATION
The Planning Commission recommends that the City Council:
1. Receive public testimony regarding Ordinance No. 1614;
2. Adopt Ordinance No. 16 14 recommending City Council approval of various amendments to the Palmdale Municipal Code (PMC); and,
3. Find that the project is consistent with Program Environmental Impact Report (PEIR) 22-002 prepared and certified in conjunction with the City’s General Plan update (Palmdale 2045).
BACKGROUND
On September 21, 2022, Palmdale 2045 was adopted by the City Council and replaced the previously adopted General Plan (1993). 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. ZOA 21-007 was adopted by the City Council on March 15, 2023, which amended Title 17 of the PMC to implement the vision of Palmdale 2045 , as well as support new land use patterns and future development. Subsequently, City staff and the consultant team have identifie d various amendments to the PMC, which are necessary to address inconsistencies, correct typographical errors and section references.
Report to Mayor and City Council
Re: PMC Amendment
August 16, 2023
DISCUSSION
The proposed amendments to the PMC address inconsistences, correct typographical errors and section references, as follows:
Clarify references of authorized designees such as Director/Manager/Review Authority to be with consistent with new review processes Modify PMC Section references
Clarify references to land uses to be consistent with the permission tables within Title 17
Modify Title 8 to include Chapter 8.48 Regulation of Illegal Dumping The proposed amendments are necessary to ensure consistency within Palmdale 2045 and the PMC.
FISCAL IMPACT
None.
STRATEGIC PLAN
Goal IV: Maintain a desirable community where everyone wants to live, work and play.
B. Provide inclusive access to a variety of supportive services that build a resilient and healthy community.
Prepared by: Brenda Magaña, Planning Manager
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, Interim City Attorney
ATTACHMENT
1. Ordinance No. 1614
CITY OF PALMDALE
COUNTY OF LOS ANGELES, CALIFORNIA
ORDINANCE NO. 1614
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE
APPROVING VARIOUS AMENDMENTS TO THE PALMDALE
MUNICIPAL CODE TO ADDRESS INCONSISTENCIES, CORRECT
TYPOGRAPHICAL ERRORS AND REFERENCES AND FINDING THAT
THE AMENDMENT IS CONSISTENT WITH PROGRAM
ENVIRONMENTAL IMPACT REPORT 22-002 PREPARED AND
CERTIFIED IN CONJUNCTION WITH THE CITY’S GENERAL PLAN
(PALMDALE 2045)
A. RECITALS
WHEREAS, the City of Palmdale (City) has filed applications that apply to the City and the City’s sphere of influence, requesting various amendments to the Palmdale Municipal Code (PMC), to address inconsistencies, correct typographical errors and section references, as indicated in Exhibit I (hereinafter 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 PMC through ZOA 21-007; 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;
WHEREAS, on March 15, 2023, the City Council of the City of Palmdale adopted Ordinance No. 1613 for the comprehensive Zoning Code and Map update.
Subsequently, City staff have identified minor amendments to Title 17, which are necessary to address inconsistencies, clarify review procedures, correct typographical errors and section references, as well as update the associated Zoning Map; WHEREAS, July 20, 2023, the Planning Commission of the City of Palmdale adopted Resolution No. PC-2023-016 recommending City Council approval of various amendments to the PMC to address inconsistencies, correct typographical errors and references; and,
WHEREAS, on August 16, 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 August 16, 2023.
Ordinance No. 1614
B. ORDINANCE
THE CITY COUNCIL OF THE CITY OF PALMDALE DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A of this Ordinance, are true and correct.
SECTION 2 . The City Council hereby finds as follows with respect to the environmental documentation:
(a) PEIR 22-002 (State Clearinghouse # 2021060494) was prepared and certified by the City Council (Resolution No. CC 2022-096) on September 21, 2022, for approval of the City’s General Plan (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. The PMC amendment ensures
consistency between Palmdale 2045 and the PMC. Staff review has determined that a subsequent or supplemental PEIR as described in California Environmental Quality Act (CEQA) Guidelines Sections 15162, 15163, or 15164, is not required because the proposed Application modifies language in the PMC to ensure compliance with the 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. (b) The custodian of records for the environmental document, and all other materials which constitute the record of proceedings upon which the City Council 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.
Ordinance No. 1614
SECTION 3 . Based upon substantial evidence presented to the City Council during the August 16, 2023, public hearing, including public testimony and written and oral staff reports, the City Council specifically finds as follows:
(a) The proposed PMC Amendment conforms with the goals, objectives, and policies of the General Plan.
This Application will ensure consistency with the goals, policies, and objectives of Palmdale 2045, because the Application will address inconsistencies, correct typographical errors and section references within the PMC.
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 various amendments to the Palmdale Municipal Code as shown in Exhibit I of this Ordinance.
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. 1614
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 16th day of August, 2023. _________________________________
Approved as to form: Laura Bettencourt, Mayor
ATTEST:
___________________________ ________________________________ William P. Curley, III, Rochelle Scott, Acting City Clerk Interim City Attorney
I, Rochelle Scott, Acting City Clerk of the City of Palmdale, California, do hereby certify that the foregoing Ordinance was duly introduced, 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___ effective on the ____ day of ___________, 20___ by the following roll call vote:
AYES:
NOES:
ABSTAIN: ABSENT:
Date:
Rochelle Scott, Acting City Clerk
EXHIBIT I
PMC Section 1.01.020 Title – Citation – Reference
This code shall be known as the “Palmdale Municipal Code” or “PMC” and it shall be sufficient to refer to the code as the “Palmdale Municipal Code” or “PMC” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity.
It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an amendment to, correction or repeal of the “Palmdale Municipal Code.” Further reference may be had to the titles, chapters, sections and subsections of the “Palmdale Municipal Code” and such references shall apply to that numbered title, chapter, section or subsection as it appears in the code.
PMC Section 1.04.010 Definitions
(F) “Director of PlanningEconomic and Community Development ” or “ Economic and Community DevelopmentPlanning Director” means the Director of PlanningEconomic and Community Development or the employee designated by the City Manager to act as the Director of PlanningDirector’s authorized designee. (G) “Law” denotes applicable Ffederal law, the Constitution and statutes of the Sstate of California, the ordinances of the City of Palmdale, and, when appropriate, any and all rules and regulations which may be promulgated thereunder. (T) “State” means the Sstate of California.
(U) “Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this Sstate.
PMC Section 1.04.100 Photographic identification
Whenever proof of identity is required by this Municipal Codethe PMC or any other policy or procedure of the City, an individual must proffer acceptable photographic identification.
The following shall be considered acceptable forms of photographic identification:
(A) A current and valid driver’s license issued by the Sstate of California or any other state or territory of the United States;
(D) A current and valid identification card issued by the Sstate of California or any other state or territory of the United States; and
PMC Section 1.06.040 Publication and notice of ordinances (A) Prior to Adoption. The full text of proposed ordinances may be published on the City of Palmdale website and available for review in the office of the City Clerk, five days prior to adoption by the City Council. A notice of the public hearing at which an ordinance will be considered by the City Council together with a summary of the proposed ordinance may be posted at least 72 hours prior to said public hearing at the same three public places at which the City Council agenda is posted.
PMC Section 1.08.010 Notice to appear in court
If any person is arrested for the violation of any ordinance of this City and such person is not immediately taken before a magistrate, as is more fully set forth in the Penal Code of the Sstate, the arresting officer shall prepare, in duplicate, a written notice to appear in court, containing the name and address of such person, the offense charged and the time and place where and when such person shall appear in court.
PMC Section 1.08.070 Failure to appear – Penalty.
Every person wilfullywillfully violating his written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.
PMC Section 1.08.080 Failure to appear – Warrant issuance.
When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in PMC Section 1.08.050 (Bail forfeiture), the magistrate shall issue and have delivered for execution a warrant for his arrest within 20 days after his failure to appear as promised. If a person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date which he promised to appear, then within 20 days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense, the magistrate shall issue and have delivered for execution a warrant for his arrest. When the person violates his promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer.
Chapter 1.12 PENALTY PROVISIONS
Prior legislation: Ords. 83, 470 and 502.
PMC Section 1.12.010 Misdemeanors – Infraction Administrative citations (C) A public officer or employee designated in or pursuant to PMC Section 1.16.010 (Issuance of citations by designated employees) issues a citation charging the offense as an infraction; or
(D) A public officer or employee designated in or pursuant to PMC Section 1.20.020 (Definitions) issues an administrative citation charging the offense as an administrative violation subject to administrative penalties in accordance withpursuant to PMC Chapter
1.20 (Administrative Citations) PMC.
PMC Section 1.12.020 Punishment.
(C) Any person found responsible for an administrative violation under the provisions of PMC Chapter 1.20 (Administrative Citations)PMC shall be subject to the administrative penalties set forth therein.
PMC Section 1.16.020 Procedures and rules concerning issuance of citations.
The City Manager may, by administrative instruction, establish procedures and rules governing the conduct of officers and employees designated in or pursuant to PMC Section 1.16.010 (Issuance of citations by designated employees), and may specify what ordinances such officers and employees shall have the duty to enforce if other than all ordinances of the City.
PMC Section 1.20.010 Applicability.
(A) Use of this chapter shall be at the sole discretion of the City and is one remedy that the City has to address violations of the Palmdale Municipal CodePMC. By adopting this chapter, the City does not intend to limit its discretion or ability to utilize any criminal, civil or other remedies, or any combination thereof, to address any violations of the City’s laws. (B) This chapter makes any violation of the provisions of the Palmdale Municipal Code PMC subject to administrative penalties.
(D) An administrative penalty in the amount adopted by resolution of the City Council is hereby imposed on all persons found to have violated any provision of the Palmdale Municipal CodePMC.
(E) City of Palmdale Enforcement Officers and other persons designated by the City Manager are hereby authorized to issue administrative citations in accordance withpursuant to the provisions of this chapter.
PMC Section 1.20.020 Definitions.
(E) “Hearing Officer” means the person, private entity, organization, association, public official, or duly constituted Rreviewing Aauthority or commission, designated or appointed by the City Manager.
1.20.030 Scope.
This chapter imposes an administrative penalty pursuant to an administrative citation for any violation of the code, as well as for a breach or violation of any condition of a permit, approval or license issued pursuant to the code. This remedy may be utilized in place of, or in addition to, any other remedy allowed by the code or Sstate law. The City Manager/designee shall have sole discretion to utilize any remedy or remedies as authorized by law. This administrative citation remedy may be utilized notwithstanding the fact that a violation of any specific code section is designated therein to be a misdemeanor or infraction.
1.20.040 Issuance of administrative citation – Contents. (A) Whenever an Officer determines that a violation of the code has occurred, the Officer may issue an administrative citation on a City-approved form listing the code violation(s) and the amount of the administrative penalties required to be paid by the responsible person(s) in accordance with pursuant to the provisions of this cChapter. (B) When the violation pertains to building, plumbing, electrical or other similar structural or zoning issues that creates an immediate danger to health or safety, a citation may be issued forthwith together with a notice to abate pursuant to in accordance with PMC Title 8 (Health and Safety) . In the absence of an immediate danger, a citation for such a violation shall not be issued pursuant to this chapter unless the responsible person has first been provided with notice to abate and a reasonable period, as determined by the Officer, in which to abate or correct the violations.
2.04.060 Powers and duties.
(A) To ensure, in cooperation with the City Attorney, that all laws of the sState pertaining to the City, and all laws and ordinances of the City, are duty enforced, and that all franchises, permits and privileges granted by the City are faithfully observed and performed;
2.04.100 Removal – Procedure.
(A) The removal of the City Manager shall be only on a majority vote of the whole City Council, subject, however, to the provisions of PMC Section 2.04.110 (Removal – After election), and subject to any additional requirements for removal of the City Manager, including additional supermajority requirements as contractually obligated to a City Manager by the City Council. Any change made to this provision shall not take effect until the expiration of the existing agreement with the City Manager on December 30, 2024. In case of intended removal by the City Council, the City Manager shall be furnished with a written notice stating that the City Council’s intention is to remove the City Manager and the reasons therefor at least 30 days before the effective date of any such removal.
2.04.110 Removal – After election.
Notwithstanding the provisions of this Cchapter, the City Manager shall not be removed from office during or within a period of 90 days next succeeding any general municipal election, at which election a member of the City Council is elected. The purpose of this provision is to allow any new-elected member of the City Council, or a reorganized City Council, to observe the actions and abilities of the City Manager in the performance of the powers and duties of this office. After the expiration of said 90-day period, the provisions of PMC Section 2.04.100 (Removal – Procedure) relating to the removal of the City Manager shall be applicable.
2.04.130 Severability of provisions.
If any part of this Cchapter is found to be illegal, invalid or unconstitutional by a court of competent jurisdiction, the provision(s) found to be illegal, invalid or unconstitutional shall be severed and all the other provision(s) shall remain in full force and effect.
2.06.010 Office created.
(A) The office of City Attorney of the City is established. The office shall consist of the City Attorney, and such attorneys and other employees as the City Council may provide for in the budget. The City Attorney shall be head of the office and be responsible for the successful performance of its functions. It shall be the duty of the City Attorney to assist the City Manager in administering the affairs of the City efficiently, economically, and harmoniously so far as may be consistent with the duties of the City Attorney as prescribed by law and the ethical rules and standards applicable to the practice of law and of the State Bar of the sState of California.
2.06.020 Appointment and qualifications.
(B) No person shall be eligible to be appointed City Attorney unless he or she shall have been admitted to practice before the supreme court of the sState of California and shall have been engaged in the practice of law in the sState of California for at least five years prior to his or her appointment.
2.06.050 Performance of duties during absence or disability.
Upon any absence or disability of the City Attorney which precludes the performance of the duties specified herein, an Aassistant City Attorney or Ddeputy City Attorney may be appointed by the City Council as the interim acting City Attorney. In the event of a vacancy in the office of City Attorney, the City Council shall appoint an interim acting City Attorney until such time as the vacancy is filled. Such interim appointment may be conditioned upon that person obtaining a corporate surety bond to ensure the faithful performance of the duties required to be performed as set forth herein.
2.06.060 Powers and duties.
The City Attorney shall have the following powers and duties:
(A) To be the sole and exclusive legal adviser of the City, the City Council and all City agencies, authorities, boards, commissions, committees, officers, and departments pertaining to all of their functions, powers, and duties under this code, and under Ffederal and Sstate law. The City Attorney may retain outside counsel to attend to cases or other legal matters as the need may arise or as the City Council may direct; (F) To perform such other legal services as may be required from time to time by the City Council, orCouncil or requested by the City Manager or other subordinate officers, or as may be necessary to perform the foregoing functions or duties of the legal advisor of the City.
2.06.070 Attendance at meetings.
The City Attorney, or the City Attorney’s designee, shall attend all meetings of the City Council, Pplanning Ccommission, and of all City agencies, authorities, boards, commissions, and committees as the City Council shall direct.
2.06.080 Compensation.
The City Attorney, Aassistant City Attorney, Ddeputy City Attorney and employees of the office of the City Attorney shall receive such compensation as the City Council shall from time to time authorize in the budget. Said compensation shall be a proper charge against such funds of the City as the City Council shall designate.
2.06.090 Severability of provisions.
If any Ssection, Ssubsection, subdivision, paragraph, sentence, clause or phrase in this Cchapter 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 Cchapter or any part thereof. The City Council hereby declares that it would have passed each Ssection, Ssubsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more Ssubsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or ineffective.
2.08.030 Appointments to boards, commissions, and committees.
Unless otherwise specifically provided in this code or by sState law, the City Council shall make all appointments to boards, commissions and committees of the City as follows unless otherwise formed by resolution:
2.08.040 Regular meeting day, time and place.
Regular meetings of the City Council will be held on the first and third Wednesday of each month except in January and July where regular meetings will be held on the second Wednesday of those months. Meetings of the City Council shall be held at 38300 Sierra Highway, Suite B, Palmdale, California, at 5:00 p.m. If all matters on the agenda for any regular meeting have not been considered by the City Council by the hour of 10:30 p.m., or such earlier or later time as may be fixed by a majority vote of the City Council, then the regular meeting may be adjourned to the next succeeding Wednesday, at the same time and at the same location, unless a different day, time or location is specified in the order of adjournment. When so adjourned, each adjourned meeting shall be a regular meeting for all purposes. Notice of all meetings of the City Council, whether regular, adjourned, special or emergency, will be given in the manner required by statute. When a regular Wednesday meeting of the City Council falls on a national or sState holiday and City offices are scheduled to be closed, then such meeting shall not be held and will be deemed adjourned for all purposes with no further action required by the City Council or the City Clerk except such written notices of adjournment as may be required by law. The ordinance codified in this Ssection shall take effect 30 days after adoption.
2.08.060 Additional compensation for elected Mayor.
During such period of time as the office of Mayor is an elective office , the Mayor shall receive, in addition to the compensation set forth in PMC Section 2.08.050 (Compensation), such further amount as shall cause the total compensation for services to equal $2,000 per month.
2.10.030 Powers, duties and responsibilities of City Clerk.
The City Clerk shall have all the powers, duties and responsibilities of the City Clerk as prescribed by the laws of the sState, the City Charter, the ordinances of the City, and the City’s classification plan for this position.
2.16.010 Amounts designated.
(A) In accordance withPursuant to Section 36518 of the Government Code, bonds shall be required of City officers and employees in penal sums as follows:
(3) All other officers and employees of this City, including deputies of the City Clerk and City Treasurer, shall be covered by an honesty position bond, issued by a surety company authorized to do business in this sState, for the faithful performance of the duties of their respective offices or employment, in the aggregate penal sum of $20,000 for all such employees.
(Repealed by Ord. 1102)
PMC Chapter 2.20 PMCderived from Ord. 189; repealed by Ord. 738 § 1, 1988; mistakenly re-instated by Ord. 1091 § 6, 1996; and repealed by Ord. 1102 § 2, 1997.
2.24.030 Copy filed.
The City Clerk shall cause a certified copy of the ordinance codified in this Cchapter to be filed in the office of the Secretary of State.
2.24.040 Designated.
(A) The City Council has, by PMC Section 2.24.010 (Authority) through 2.24.030 (Copy filed), declared the need for a redevelopment agency to function in the City, now declares itself to be the redevelopment agency provided in this Ssection and that all the rights, powers, duties, privileges and immunities vested by the Community Redevelopment Law in such agency shall be, and are, vested in the Council.
2.26.030 Appointment of members.
The members of the Building Rehabilitation Appeals Board shall be appointed by the Mayor with the approval of the City Council in accordance withpursuant to PMC Section
2.08.030 (Appointments to boards, commissions, and committees) and shall hold office at the pleasure of the City Council of the City.
2.26.050 City Engineer to be ex officio member.
The City Engineer of the City, or his designee, shall be an ex officio nonvoting member of the board and shall act as secretary. The City Engineer or designee, He shall keep a record of all proceedings and notify all parties concerned of the findings and determinations of the Building Rehabilitation Appeals Board.
2.28.010 Purposes.
The declared purposes of this Cchapter are to provide for the preparation and carrying out of plans for the protection of persons and property within this City in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this City with all other public agencies, corporations, organizations and affected private persons.
2.28.020 Definition.
As used in this Cchapter, “emergency” means the actual or threatened existence of and conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake, or other conditions, including conditions resulting from war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of this City, requiring the combined forces of other political subdivisions to combat.
2.28.040 Powers and duties of the Director and Assistant Director of Emergency Services.
(A) The Director of Emergency Services is empowered to:
(3) Control and direct the effort of the emergency organization of this City for the accomplishment of the purposes of this Cchapter;
(5) Represent this City in all dealings with public or private agencies on matters pertaining to emergencies as defined in this Cchapter;
(6) In the event of the proclamation of a local emergency as provided in this Cchapter, the proclamation of a state of emergency by the Governor or the Director of the State Office of Emergency Services, or the existence of a state of war emergency, the Director of Emergency Services is empowered:
(c) To require emergency services of any City officer or employee and, in the event of a state of emergency in the County in which this City is located or the existence of a state of war emergency, to command the aid of as many citizens of this community as he deems necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by sState law for registered disaster service workers;
(e) To execute all of his ordinary power as City Manager conferred upon him by this Cchapter or by resolution or emergency plan adopted pursuant to this Cchapter by the City Council, and by any other lawful authority.
2.28.050 Emergency organizations.
All officers and employees of this City, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who may by agreement or operation of law, including persons impressed into service under the provisions of PMC Section 2.28.040(A)(6)(c), be charged with duties incident to the protection of life and property in this City during such emergency, constitute the emergency organization of the City.
2.28.080 Punishment for violations.
Upon proclamation or declaration by the City, Los Angeles County, sState or fFederal officials of a state of emergency within or including the City of Palmdale, and for a period of 30 days after the date the emergency is declared terminated, it is unlawful for any person to do any of the following:
(A) Willfully obstruct, hinder or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this Cchapter, or in the performance of any duty imposed upon him by virtue of this Cchapter; (B) Do any act forbidden by any lawful rule or regulation issued pursuant to this Cchapter, if such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil lives or property of inhabitants of this City, or to prevent, hinder or delay the defense or protection thereof;
(C) Wear, carry or display, without authority, any means of identification specified by the emergency agency of the sState;
(E) In addition to the criminal penalties set forth in PMC Chapter 1.12 PMC(Penalty Provisions), the City Attorney or any resident may prosecute a civil action to enforce this Ssection and in any action obtain such legal and equitable relief, including the recovery of actual and punitive damages and reasonable attorney fees, as may be imposed by law.
2.32.020 Trustees – Appointment.
The public library shall be managed by a Board of Library Trustees, consisting of five members, to be appointed by the Mayor with the approval of the City Council in accordance withpursuant to PMC Section 2.08.030 (Appointments to boards, commissions, and committees).
2.46.020 Creation of Planning Commission districts.
The boundaries of the Planning Commission districts shall be congruent with the boundaries of the electoral districts of the City Council as identified in PMC Section
4.10.010 (District boundaries). The Planning Commission districts shall use the same numerical designations as the electoral districts of the City Council.
2.46.040 Terms of office – Vacancies.
(A) The terms for districts 1, 3 and 4 expire on June 30th of every even-numbered year.
The terms for districts 2 and 5 expire on June 30th of every odd-numbered year.
Notwithstanding the foregoing, all Commissioners will hold office until their successors are qualified and take office.
(B) All vacancies will be filled in accordance withpursuant to PMC Section 2.46.030 (Composition and appointment of Commissioners)to fill the unexpired term of the vacated seat.
2.46.090 Duties of the Commission.
The Commission will discharge the duties and responsibilities set forth in PMC zoning ordinance Section 12.01 17.13 and in Government Code Section 65100 et seq.
2.52.030 Executive Director of the Palmdale Airport Authority – Powers and duties.
The Executive Director/designee shall be responsible for the efficient administration of all the affairs of the Palmdale Airport and Palmdale Airport Authority under the direction and control of the Palmdale Airport Authority. The Executive Director and his or her designees shall have the following powers and duties:
(G) Interact with the Federal Aviation Administration of the U.S. Department of Transportation and other fFederal and sState agencies regarding Palmdale Airport operations, inspections, security and facility use and regarding the Palmdale Airport Authority;
(J) Coordinate airport development and operating programs with sState and fFederal agencies;
(K) Prepare applications for and review, monitor and manage sState and fFederal grants;
2.55.010 Establishment and purpose.
A Human Rights Advisory Committee is created by the City Council of the City of Palmdale to act in an advisory capacity to the Mayor, City Council , and City Manager.
The purpose of the Palmdale Human Rights Advisory Committee is to provide advice and actionable recommendations to the Mayor, City Council and City Manager in their efforts to build and maintain an inclusive community by cultivating awareness, increasing diversity, encouraging sensitivity, promoting equity, and improving relations with various segments of the community.
2.55.020 Membership.
The Palmdale Human Rights Advisory Committee shall have seven members. All Committee members shall be appointed pursuant to PMC Section 2.08.030 (Appointments to boards, commissions, and committees).
2.55.030 Term of office.
The term of each Committee member shall be two years, commencing on the date of appointment. A Committee member may be reappointed for additional terms. All Committee members serve at the pleasure of the Mayor and City Council. Any vacancy on the Committee shall be filled pursuant to PMC Section 2.08.030 (Appointments to boards, commissions, and committees).
2.60.010 Definitions.
The following definitions apply to this Cchapter:
2.60.020 Applicability and purpose.
In any written communication or transaction with the City where a signature is required, any party to the communication may use a digital signature; provided, that it complies with the requirements of this Cchapter. This Cchapter is intended to enable the City to use digital signatures to the fullest extent allowed by law, and does not limit the City’s ability to use electronic records, electronic signatures, or digital signatures in any way.
2.60.030 Requirements.
In any transaction with the City for which the parties have elected to conduct the transaction by electronic means, the following provisions shall apply:
(B) When a signature is required, the parties may agree that either:
(2) A digital signature satisfies that requirement, if it is in accordance withpursuant to Government Code Section 16.5.
2.60.040 Policies.
The City Council, by resolution, may establish and from time to time amend such policies as the City Council deems necessary or desirable to expand upon the provisions of this Cchapter; provided, that such policies are consistent with the provisions of this Cchapter.
2.60.050 Excluded transactions.
The authorization conferred under this Cchapter shall not apply where the use of digital signatures or electronic signatures is prohibited by law or otherwise not governed by the UETA.
3.04.010 Adoption date.
The City Council shall adopt a budget prescribing the spending policy of the City for the ensuing fiscal year on or before the thirtie30th day of June of each year.
3.08.010 Title and purpose.
This chapter shall be known as the City of Palmdale Ppurchasing Oordinance. The provisions of this chapter shall prevail over any conflicting State law. The purpose of this chapter is to establish procedures and policies for the procurement of goods, materials, equipment, supplies and services, including, but not limited to, construction of public works projects and professional services.
3.08.060 Definitions.
As used in this chapter, unless the context otherwise clearly indicates:
(A) “Awarding authority” means the Palmdale City Council employee of the City of Palmdale authorized to award or enter into any contract, as defined in this chapter, on behalf of the City.
(K) “Local provider Palmdale” shall mean a manufacturer, supplier or provider of goods, materials, equipment, supplies or services which has an established place of business within the City of Palmdale, which has complied with City’s of Palmdalebusiness license requirements, and which has paid all currently due business license fees and taxes prior to the City’s solicitation for the respective purchase. (8) Be responsible for the inspection of all goods, materials, equipment, supplies and services purchased to ensure conformance with specifications, and, where necessary, to require chemical and physical tests of samples submitted with bids and samples of deliveries to determine their quality and conformance with specifications; and,
3.08.130 Bid protest procedures/solicitations.
(C) The respondent may appeal the decision of the Procurement Officer to the Director of Finance by filing a letter of appeal within 10 calendar days from the date of the Procurement Officer’s decision. The letter must be addressed to the Director of Finance and set forth the information required in sSubsection (A) of this section. A letter of appeal not conforming to these procedures shall be rejected as invalid.
3.08.140 Exceptions to competitive procurement requirements. (D) Cooperative Purchasing. The Central Purchasing Office may participate in, sponsor, conduct, or administer cooperative purchasing with other public agencies and with nonprofit groups or organizations established by public entities for the purpose of cooperative purchasing; provided, that competitive purchasing procedures similar to those required in the City of Palmdaleare employed. Such participation may also consist of the following:
3.08.170 Public works projects and construction projects. (A) Bidding Thresholds.
(2) Construction projects less than the amount specified in Section 22032(b) (currently $200,000 or less) of the California Public Contract Code may be let to contract by informal bidding procedures, set forth in sSubsection (D) of this section, to the lowest responsible bidder.
(3) Construction projects of more than the amount specified in Section 22032(c) (currently $200,000 and over) of the California Public Contract Code shall be let by formal bidding procedure, set forth in sSubsection (E) of this section, to the lowest responsible bidder. (4) It shall be unlawful to split projects into smaller work orders or projects for the purpose of evading the provisions of this chapter or applicable sState laws. (D) Notice Inviting Bids, Informal Bidding. The notice inviting bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids. Notice shall be provided in accordance with either sSubsection (D)(1) or (2) of this section, or both. (1) The Central Purchasing Office or the Public Works Department, through the City’s electronic bid management system, shall maintain a list of qualified contractors, identified according to categories of work. All contractors on the list for the category of work being bid shall be mailed, faxed, or emailed a notice inviting informal bids unless the product or service is proprietary. All mailing of notices to contractors pursuant to this sSubsection shall be completed not less than 10 calendar days before bids are due. (E) Notice Inviting Bids, Formal Bidding. The notice inviting bids shall distinctly state the project to be done. Notice shall be provided as set forth in sSubsection (E)(1) of this section.
(2) Additional Notice. In addition to notice required by sSubsection (E)(1) of this section, the City may also give such other notice as it deems proper, including mailing or emailing the notice to prospective vendors and contractors whose names are or are not on the City’s vendors list.
(G) Award of Bid. The City Manager, or designee, has the authority to award informal bids up to the amount specified in PMC Section 3.08.240 (Approval of purchase orders, contracts, contract amendments and change orders). Any informal bid over the threshold set forth in PMC Section 3.08.240 (Approval of purchase orders, contracts, contract amendments and change orders) shall be awarded by City Council. All formal bids shall only be awarded by the City Council. A bid shall be awarded to the lowest responsible bidder.
3.08.240 Approval of purchase orders, contracts, contract amendments and change orders.
(3) The City Manager shall have the authority and discretion, up to the amount authorized under sSubsection (A)(1) of this section, to delegate the authority to review, approve and execute contracts, purchase orders, contract amendments and change orders of goods, materials, supplies and services to specific department representatives based on the needs of the organization.
(D) Any change order exceeding the limitations set forth in sSubsection (A) of this section shall be submitted to the City Council for approval in the form of a contract amendment or supplemental agreement. Such amendment or supplemental agreement shall set forth the amended contract price which will constitute the new contract price for purposes of the authority for City Manager-approved change orders or amendments in accordance with subsection (A) of this section.
3.08.260 SB 1383 procurement requirements.
(B) All vendors providing paper products and printing and writing paper shall:
(5) Provide records to the City or its designee of all paper products and printing and writing paper purchases within 30 days of the purchase (both recycled-content and nonrecycled content, if any is purchased) made by any division or department or employee of the City.
Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in sSubsection s (B)(3) and (B)(4) of this section for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if nonrecycled content paper products or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided.
3.12.020 Claims required.
All claims against the City for money or damages not otherwise governed by the Government Claims Act, California Government Code Sections 900 et seq., or another sState law (hereinafter in this chapter, “claims”) shall be presented within the time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 900 thereof) for the claims to which that part applies by its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by this chapter.
3.12.040 Claim prerequisite to suit.
In accordance with California Government Code Sections 935(b) and 945.6, all claims shall be presented as provided in this section and acted upon by the City prior to the filing of any action on such claims and no such action may be maintained by a person who has not complied with the requirements of PMC Section 3.12.020 (Claims required).
3.12.060 Claims for tax refunds.
Claims for tax refunds shall comply with the provisions of this chapter in addition to any other requirements in sState law or this municipal codePMC.
3.14.030 Designation by resolution of signatures permitted.
The City Council shall, from time to time, designate by resolution the names of those individuals holding the offices identified in PMC Section 3.14.020 (Depositories – Requirements). Any authorized officer whose facsimile signature is required or permitted may make the necessary filing with the Secretary of State pursuant to Government Code Section 5501.
3.16.030 Documents subject to tax.
Any tax imposed pursuant to PMC Section 3.16.020 (Imposed) shall be paid by any person who makes, signs or issues any document or instrument subject to the tax, or for whose use or benefit it is made, signed or issued.
3.16.050 Exemption – Government entity.
Any deed, instrument or writing to which the United States or any agency or instrumentality thereof, any sState or territory, or political subdivision thereof, is a party, shall be exempt from any tax imposed pursuant to this chapter when the exempt agency is acquiring title.
3.16.080 Exemption – Partnership interest transfer.
(C) Not more than one tax shall be imposed pursuant to this chapter by reason of a termination described in sSubsection (B) of this section, and any transfer pursuant thereto, with respect to the realty held by the partnership at the time of the termination.
Chapter 3.20
Sections:
3.20.090 Limitations on adoption of sState provisions. (B) To adopt a sales and use tax ordinance which incorporates provisions identical to those of the sales and use tax law of the sState insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.5 of Division 2 of the Revenue and Taxation Code;
3.20.050 Sales tax imposed.
For the privilege of selling tangible personal property at retail a tax is imposed upon all retailers in the City at the rate stated in PMC Section 3.20.030 (Rate) of the gross receipts of the retailer from the sale of all tangible personal property sold at retail in this City on and after the operative date.
3.20.060 Place of sale designated.
For the purposes of this chapter, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of- sState destination or to a common carrier for delivery to an out-of- sState destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the sState sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the S sState or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization.
3.20.070 Use tax imposed.
An excise tax is imposed on the storage, use or other consumption in this City of tangible personal property purchased from any retailer on and after the operative date for storage, use or other consumption in this City at the rate stated in PMC Section 3.20.030 (Rate) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to sState sales or use tax regardless of the place to which delivery is made.
3.20.090 Limitations on adoption of sState provisions.
In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, wherever the sState is named or referred to as the taxing agency, the name of this City shall be substituted therefor. The substitution, however, shall not be made when the word “State” is used as part of the title of the State Controller, the State Treasurer, the State Board of Control, the State Board of Equalization, the State Treasury, or the Constitution of the sState; the substitution shall not be made when the result of that substitution would require action to be taken by or against the City, or any agency thereof rather than by or against the State Board of Equalization in performing the functions incident to the administration or operation of this chapter; the substitution shall not be made in those sections, including, but not necessarily limited to, sections referring to the exterior boundaries of the sState, where the result of the substitution would be to provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the sState under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or to impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the sState under the provisions of that code; the substitution shall not be made in Section 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code; and the substitution shall not be made for the word “State” in the phrase “retailer engaged in business in this State” in Section 6203 or in the definition of that phrase in Section 6203.
3.20.110 Exemptions – Designated.
There shall be excluded from the measure of tax:
(A) The amount of any sales or use tax imposed by the sState upon a retailer or consumer;
(B) The storage, use or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to sales tax under a sales and use tax ordinance enacted in accordance with Part 1.5 of Division 2 of the Revenue and Taxation Code by any city and county, county, or city in this sState; (D) The storage or use of tangible personal property in the transportation or transmission of persons, property or communications, or in the generation, transmission or distribution of electricity or in the manufacture, transmission or distribution of gas in intrastate, interstate, or foreign commerce by public utilities which are regulated by the Public Utilities Commission of the sState.
3.20.120 Exemptions – Additional.
(A) The amount subject to tax shall not include any sales or use tax imposed by the sState upon a retailer or consumer.
(B) The storage, use, or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to tax under a sales and use tax ordinance enacted in accordance with Part 1.5 of Division 2 of the Revenue and Taxation Code by any city and county, county, or city in this sState shall be exempt from the tax due under this chapter.
(C) There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this sState, the United States, or any foreign government. (D) In addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code, the storage, use, or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this sState, the United States, or any foreign government is exempted from the use tax.
3.20.130 Exemptions – Applicability.
(A) PMC Section 3.20.120 (Exemptions – Additional) shall become operative on January 1st of the year following the year in which the State Board of Equalization adopts an assessment ratio for sState -assessed property which is identical to the ratio which is required for local assessments by Section 401 of the Revenue and Taxation Code, at which time PMC Section 3.20.110 (Exemptions – Designated) shall become inoperative. (B) In the event that PMC Section 3.20.120 (Exemptions – Additional) becomes operative and the State Board of Equalization subsequently adopts an assessment ratio for the sState -assessed property which is higher than the ratio which is required for local assessments by Section 401 of the Revenue and Taxation Code, PMC Section 3.20.110 (Exemptions – Designated) shall become operative on the first day of the month next following the month in which the higher ratio is adopted, at which time PMC Section
3.20.120 (Exemptions – Additional) shall be inoperative until the first day of the month following the month in which the Board again adopts an assessment ratio for sState - assessed property which is identical to the ratio required for local assessments by Section 401 of the Revenue and Taxation Code, at which time PMC Section 3.20.120 (Exemptions – Additional) shall again become operative and PMC Section 3.20.110 (Exemptions – Designated) shall become inoperative.
3.20.150 Enjoining collection prohibited.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the sState or this City, or against any officer of the sState or this City, to prevent or enjoin the collection under this chapter, or Part 1.5 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.
Chapter 3.21
Sections:
3.21.030 Contract with sState.
3.21.070 Adoption of the provisions of sState law.
3.21.080 Limitations on adoption of sState law and collection of use taxes.
3.21.110 Amendments to sState law.
(B) To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the sState of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.
3.21.030 Contract with sState.
3.21.050 Place of sale.
For the purposes of this chapter, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the sState sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the state or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.
3.21.060 Use tax rate.
An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of the ordinance codified in this chapter for storage, use or other consumption in said territory at the rate of three-quarters of a cent per dollar (0.75 percent) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to sState sales or use tax regardless of the place to which delivery is made.
3.21.070 Adoption of the provisions of sState law.
3.21.080 Limitations on adoption of sState law and collection of use taxes.
In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
(A) Wherever the sState of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:
(2) The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof, rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this cChapter;
(3) In those sections, including, but not necessarily limited to, sections referring to the exterior boundaries of the sState of California, where the result of the substitution would be to:
(a) Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the sState under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code; or (b) Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the sState under the said provision of that code;
3.21.100 Exemptions and exclusions.
(A) There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the sState of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any sState -administered transactions or use tax. (B) There are exempted from the computation of the amount of transactions tax the gross receipts from:
(1) Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this sState, the United States, or any foreign government.
(2) Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this sSubsection, delivery to a point outside the City shall be satisfied:
(5) For the purposes of sSubsections (B)(3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
(C) There is exempted from the use tax imposed by this chapter the storage, use or other consumption in this City of tangible personal property:
(1) The gross receipts from the sale of which have been subject to a transactions tax under any sState -administered transactions and use tax ordinance. (2) Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this sState, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the sState of California.
(5) For the purposes of sSubsection s (C)(3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. (6) Except as provided in sSubsection (C)(7) of this section, a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.
3.21.110 Amendments to sState law.
3.21.120 Enjoining collection forbidden.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the sState or the City, or against any officer of the sState or the City, to prevent or enjoin the collection under this chapter, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.
3.21.160 Oversight.
Following adoption of this chapter by the voters, the City Council shall appoint, pursuant to PMC Section 2.08.030 (Appointments to boards, commissions, and committees) , a seven-member Citizen’s Advisory Committee. The City Council shall, by resolution, adopt guidelines for the duties of the Citizen’s Advisory Committee which shall include, but not be limited to, receiving semi-annual reports from City staff each fiscal year on revenues and expenditures from the tax imposed by this chapter and review of proposed spending plans. The revenue from the sales tax shall not be spent by the City until after the Citizen’s Advisory Committee has had an opportunity to review and comment on proposed expenditures.
3.22.020 Agency sales tax.
(A)(2) For the purposes of this article, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of- sState destination or to a common carrier for delivery to an out-of- sState destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the State of California (the “State”) sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization. (B)(2) Wherever, and to the extent that, in Part 1 (commencing with Section 6001) of Division 2 of the Code the State is named or referred to as the taxing agency, the name “Community Redevelopment Agency of the City of Palmdale” shall be substituted therefor. Nothing in this sSubsection shall be deemed to require substitution of the name “Community Redevelopment Agency of the City of Palmdale” for the word “State” in the phrase “retailer engaged in business in this State” in Section 6203 of the Code nor in the definition of that phrase in Section 6203 of the Code.
3.22.030 Agency use tax.
(B)(2) Wherever, and to the extent that, in Part 1 (commencing with Section 6001) of Division 2 of the Code the State is named or referred to as the taxing agency, the name “Community Redevelopment Agency of the City of Palmdale” shall be substituted therefor. Nothing in this sSubsection shall be deemed to require substitution of the name “Community Redevelopment Agency of the City of Palmdale” for the word “State” in the phrase “retailer engaged in business in this State” in Section 6203 of the Code nor in the definition of that phrase in Section 6203 of the Code.
3.22.070 Agency sales tax.
(A)(2) For the purposes of this article, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of- sState destination or to a common carrier for delivery to an out-of- sState destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the State of California (the “State”) sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization. (B(2) Wherever, and to the extent that, in Part 1 (commencing with Section 6001) of Division 2 of the Code the State is named or referred to as the taxing agency, the name “Community Redevelopment Agency of the City of Palmdale” shall be substituted therefor. Nothing in this sSubsection shall be deemed to require substitution of the name “Community Redevelopment Agency of the City of Palmdale” for the word “State” in the phrase “retailer engaged in business in this State” in Section 6203 of the Code nor in the definition of that phrase in Section 6203 of the Code.
3.22.080 Agency use tax.
(B)(2) Wherever, and to the extent that, in Part 1 (commencing with Section 6001) of Division 2 of the Code the State is named or referred to as the taxing agency, the name “Community Redevelopment Agency of the City of Palmdale” shall be substituted therefor. Nothing in this sSubsection shall be deemed to require substitution of the name “Community Redevelopment Agency of the City of Palmdale” for the word “State” in the phrase “retailer engaged in business in this State” in Section 6203 of the Code nor in the definition of that phrase in Section 6203 of the Code.
3.22.120 Agency sales tax.
(A)(2) For the purposes of this article, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of- sState destination or to a common carrier for delivery to an out-of- sState destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the State of California (the “State”) sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization. (B)(2) Wherever, and to the extent that, in Part 1 (commencing with Section 6001) of Division 2 of the Code the State is named or referred to as the taxing agency, the name “Community Redevelopment Agency of the City of Palmdale” shall be substituted therefor. Nothing in this sSubsection shall be deemed to require substitution of the name “Community Redevelopment Agency of the City of Palmdale” for the word “State” in the phrase “retailer engaged in business in this State” in Section 6203 of the Code nor in the definition of that phrase in Section 6203 of the Code.
3.22.130 Agency use tax.
(B)(2) Wherever, and to the extent that, in Part 1 (commencing with Section 6001) of Division 2 of the Code the State is named or referred to as the taxing agency, the name “Community Redevelopment Agency of the City of Palmdale” shall be substituted therefor. Nothing in this sSubsection shall be deemed to require substitution of the name “Community Redevelopment Agency of the City of Palmdale” for the word “State” in the phrase “retailer engaged in business in this State” in Section 6203 of the Code nor in the definition of that phrase in Section 6203 of the Code.
3.24.030 Transient occupancy tax imposed.
For the privilege of occupancy in any hotel or motel in the Cityof Palmdale, each transient is subject to and shall pay a tax in the amount of 10 percent of the rent charged for the room. This tax constitutes a debt owed by the transient to the city, which is extinguished only by payment to the operator, the person or entity collecting the room rent or the City.
Any person or entity which collects rent or other charges for the use of a hotel or motel room in the City of Palmdale shall collect and transmit such tax to the City.
3.24.035 Section 23 amended – Exemptions.
Section 23. Exemptions. No tax shall be imposed upon any officer or employee of a foreign government who is exempt by reason of express provision of fFederal law or international treaty.
3.24.040 Enjoining collection forbidden.
(B) No suit or proceeding shall be maintained in any court for recovery of any amount alleged to have been erroneously or illegally determined or collected unless a claim for each refund or credit has been duly filed pursuant to PMC Chapter 3.12 (Claims Against the City) PMC.
3.28.040 Allocation.
The City Council may allocate the funds to a suitable nongovernmental organization by written contract to carry out the purposes enumerated in PMC Section 3.28.020 (Purpose). Any such contract shall provide for termination by either party thereto on 30 days’ written notice to the other party.
3.32.020 Source of funds.
All moneys received by the City from the sState under the provisions of the Streets and Highways Code for the acquisition of real property or interests therein, or for engineering, or for the construction, maintenance or improvement of streets or highways by the City shall be paid into the fund.
3.34.030 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
(G) “Park and recreation facilities” includes, but is not limited to, land and interests in land, swimming pools, tennis and volleyball and basketball courts, baseball grounds, children’s play areas, turf, sprinkler systems, community center buildings, recreation buildings and other works, properties, structures and facilities necessary or convenient for public park, playground and recreation purposes; and also including any of the facilities described in this sSubsection constructed or installed within or upon any public school grounds where the City is given the right to use the same for public playground or recreation purposes.
3.34.050 Exemptions.
The fee imposed under this chapter shall not apply to the following:
(A) The City, the United States or any agency or instrumentality thereof, the sState or any county, city and county, district or any political subdivision of the sState;
3.34.060 Dedication.
(A) Where the acceptance of land in lieu of fees will better serve the purpose of the citizens of Palmdale, such land may be accepted based upon findings by the Planning Commission. The Planning Commission shall consider the following:
(1) Parks, and rRecreation, and Open Space element of the City’s Ggeneral Pplan;
3.38.010 Finding and intent.
(B) It is the intent of the City to require every person who develops land to mitigate the impacts of that development on the City’s drainage facilities. The City will therefore require developers to construct drainage facilities in accordance with the City of Palmdale Drainage mMaster drainage pPlan per the City of Palmdale General Planor pay drainage fees that will be used to construct drainage facilities pursuant to the master drainage plan.
3.38.020 Residential drainage fees required.
Except as provided in PMC Section 3.38.040 (Drainage fees – Exemptions – Reduction – Deferral), the required drainage fees for a residential dwelling unit must be paid, in the amount established by resolution of the City Council, when the City inspects the completion of rough grading.
3.38.030 Nonresidential drainage fees required.
Except as provided in PMC Section 3.38.040 (Drainage fees -Exemptions – Reductions – Deferral), the required drainage fees for a nonresidential development must be paid, in the amount established by resolution of the City Council, when the City inspects the completion of rough grading.
3.38.040 Drainage fees – Exemptions – Reduction – Deferral. (A) A developer shall be exempted from the drainage fee requirements of PMC Sections
3.38.020 (Residential drainage fees required) and 3.38.030 (Nonresidential drainage fees required) if the developer enters into a development agreement with the City pursuant to which drainage fees are assessed to the developer, or drainage improvements are implemented by the developer.
(B) The City Manager may grant an exemption of the drainage fee required by PMC Sections 3.38.020 (Residential drainage fees required) and 3.38.030 (Nonresidential drainage fees required) if the City Manager makes the following findings: (1) that a development will generate extraordinary economic benefit upon the City, and (2) the initial revenue loss to the City, if any, will be recouped over a reasonable period of time through increased revenues to the City. Factors which the City Manager may consider include whether the proposed development will provide job creation, sales tax, property tax, or redevelopment tax-increment revenues to the City and/or the Community Redevelopment Agency of the City of Palmdale either individually or as part of a larger multiparty development plan; if the proposed development will provide a much needed service to the local community or economy, or encourage the development of businesses or suppliers ancillary to preexisting businesses in the City; or development at the proposed site has been hampered by such impediments as the burden of liens, including assessment, community facility district or County tax liens. (C) A developer shall be entitled to a reduction in the amount of the drainage fee required by PMC Sections 3.38.020 (Residential drainage fees required) and 3.38.030 (Nonresidential drainage fees required) if the developer constructs drainage facilities pursuant to the master drainage plan. The drainage fee shall be reduced by the amount of engineering and construction costs that would be reasonably incurred by the City in building those same drainage facilities. The amount of such reduction shall be subject to the approval of the City Engineer prior to construction.
If a developer constructs drainage facilities pursuant to the master drainage plan, and if the City’s engineering and construction costs to install those same improvements would have exceeded the drainage fee assessed to that developer pursuant to PMC Sections
3.38.020 (Residential drainage fees required)and 3.38.030 (Nonresidential drainage fees required), then nothing in this section shall prevent the City from entering into a reimbursement agreement with that developer, subject to availability of funds. (D) Notwithstanding sSubsection (B) of this section, a developer shall be entitled to a reduction in the amount of the drainage fee required by PMC Sections 3.38.020 (Residential drainage fees required) and 3.38.030 (Nonresidential drainage fees required) if the development is located in an assessment district that has been formed to construct facilities pursuant to the master drainage plan. The drainage fee shall be reduced by the amount of the total assessment placed upon the development for engineering and construction costs of drainage facilities. The amount of such reduction shall not exceed the amount of the drainage fee required by PMC Sections 3.38.020 (Residential drainage fees required) and 3.38.030 (Nonresidential drainage fees required).
(E) The City Manager may grant a reduction in the amount of the drainage fee required by PMC Section 3.38.020 (Residential drainage fees required) and 3.38.030 (Nonresidential drainage fees required) if the City Manager determines that a development will contribute extraordinary sales tax revenue to the City and thereby confer extraordinary financial benefit upon the City.
(F) The City Manager may authorize the deferred payment of the nonresidential drainage fees required by PMC Section 3.38.030 (Nonresidential drainage fees required)if the City Manager determines that a development complies with all requirements for such deferred payment that are set forth in PMC Chapter 3.43 (Deferred payment of development impact fees)PMC.
3.40.020 Residential traffic impact fees required.
(A) Except as provided in PMC Section 3.40.040 (Traffic impact fees – Exemptions – Reduction – Deferral) , the required traffic impact fee for a residential building shall be paid, in an amount established by resolution of the City Council, prior to or on the date of the final Building Department inspection of the building, or the date the certificate of occupancy is issued, whichever occurs first. If the residential development contains more than one dwelling, the traffic impact fee may be paid on a lump-sum basis when the first dwelling in the development or development phase receives its final inspection or certificate of occupancy, whichever occurs first.
(C) For the purposes of this section, “final building inspection” or “final Building Department inspection” shall mean the physical inspection of the building by the City’s Division of Building and Safety of the City of Palmdale for compliance of the building with all applicable building codes and the issuance by all applicable City, County, regional, sState and fFederal agencies of their respective clearances for occupancy.
3.40.030 Nonresidential traffic impact fees required.
(A) Except as provided in PMC Section 3.40.040 (Traffic impact fees – Exemptions – Reduction – Deferral) , the required traffic impact fee for a nonresidential development shall be paid, in an amount established by resolution of the City Council, prior to issuance of the certificate of occupancy for that development; provided, however, that if a nonresidential development project is to be constructed and occupied in phases, and a separate certificate of occupancy will be issued for each phase, payment of the traffic impact fee may be made separately prior to the issuance of a certificate of occupancy for each phase of the development.
(C) For the purposes of this section, “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, building or development conforms to all the applicable building codes, the Palmdale Municipal CodePMC, and conditions of approval.
3.40.040 Traffic impact fees – Exemptions – Reduction – Deferral. (A) A developer shall be exempted from the traffic impact fee requirements of PMC Sections 3.40.020 (Residential traffic impact fee provided) and 3.40.030 (Nonresidential traffic impact fees required) if the developer enters into a development agreement with the City pursuant to which traffic impact fees are assessed to the developer, or transportation improvements are implemented by the developer. (B) The City Manager may grant an exemption from the traffic impact fee required by PMC Sections 3.40.020 (Residential traffic impact fee provided) and 3.40.030 (Nonresidential traffic impact fees required) if the City Manager makes the following findings: (1) that a development will generate extraordinary economic benefit upon the City, and (2) the initial revenue loss to the City, if any, will be recouped over a reasonable period of time through increased revenues to the City. Factors which the City Manager may consider include whether the proposed development will provide job creation, sales tax, property tax, or redevelopment tax-increment revenues to the City and/or the Community Redevelopment Agency of the City of Palmdale either individually or as part of a larger multiparty development plan; if the proposed development will provide a much needed service to the local community or economy, or result in the development of businesses or suppliers ancillary to preexisting businesses in the City; or development at the proposed site has been hampered by such impediments as the burden of liens, including assessment, community facility district or County tax liens. (C)(1) A developer shall be entitled to a reduction in the amount of the traffic impact fee required by PMC Sections 3.40.020 (Residential traffic impact fee provided)and 3.40.030 (Nonresidential traffic impact fees required) if the developer constructs roadway improvements or traffic signals pursuant to the master traffic level maintenance plan. The traffic impact fee shall be reduced by the amount of engineering and construction costs that would be reasonably incurred by the City in building those same roadway improvements or traffic signals. The amount of such reduction shall be subject to the approval of the City Engineer prior to construction.
(2) If a developer constructs roadway improvements or installs traffic signals pursuant to the master traffic level maintenance plan, and if the City’s engineering and construction costs to install those same improvements or signals would have exceeded the traffic fee assessed to that developer pursuant to PMC Sections 3.40.020 (Residential traffic impact fee provided) and 3.40.030 (Nonresidential traffic impact fees required) , then nothing in this section shall prevent the City from entering into a reimbursement agreement with that developer, subject to availability of funds.
(D) Notwithstanding sSubsection (B) of this section, a developer shall be entitled to a reduction in the amount of the traffic impact fee required by PMC Sections 3.40.020 (Residential traffic impact fee provided) and 3.40.030 (Nonresidential traffic impact fees required) if the development is located in an assessment district that has been formed to construct facilities pursuant to the master traffic level maintenance plan. The traffic impact fee shall be reduced by the amount of the total assessment placed upon the development for engineering and construction costs of roadway improvements or traffic signals. The amount of such reduction shall not exceed the amount of the traffic impact fee required by PMC Sections 3.40.020 (Residential traffic impact fee provided) and 3.40.030 (Nonresidential traffic impact fees required).
(E) The City Manager may grant a reduction in the amount of the traffic impact fee required by PMC Sections 3.40.020 (Residential traffic impact fee provided)and 3.40.030 (Nonresidential traffic impact fees required) if the City Manager determines that a development will contribute extraordinary sales tax revenue to the City and thereby confer extraordinary financial benefit upon the City.
(F) The City Manager may authorize the deferred payment of the nonresidential traffic impact fees required by PMC Section 3.40.030 if the City Manager determines that a development complies with all requirements for such deferred payment that are set forth in PMC Chapter 3.43 PMC(Deferred payment of development impact fees).
3.40.070 Fee amount applicable to pending projects.
Except as may otherwise be provided in the resolution which adopts the fee amount, an applicant subject to the payment of traffic impact fees required by PMC Section 3.40.020 (Residential traffic impact fee provided) or 3.40.030 (Nonresidential traffic impact fees required) must pay the amount of the fee that is in effect when the fee becomes due. The amount of the fee is the amount specified by resolution of the City Council, as amended from time to time. The fee imposed on a development project for which vested rights have been acquired through a vesting tentative subdivision map shall be the fee in effect at the time the rights became vested, plus any adjustment for inflation made between that date and the date the fee becomes due.
3.42.020 Residential fire facilities impact fee required. (A) Except as provided in PMC Section 3.42.040 (Exceptions from, and reduction of, fire facilities impact fees), a fire facilities impact fee for a residential building must be paid, in an amount established by resolution of the City Council, upon the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first.
3.42.040 Exceptions from, and reduction of, fire facilities impact fees. (A) A developer is entitled to a reduction in the amount of the fire facilities impact fee required by PMC Sections 3.42.020 (Residential fire facilities impact fee required) and
3.42.030 (Nonresidential public facilities development impact fee required) if the developer constructs fire facilities pursuant to a fire facilities plan adopted by the City Council. The fire facilities impact fee will be reduced by the amount of engineering and construction costs that would reasonably be incurred by the City in building those same public facilities. The amount of the reduction in the fire facilities impact fee is subject to the approval of the Director of Public Works prior to construction of the development. (B) If a developer constructs fire facilities pursuant to a plan adopted by City Council, and if the City’s engineering and construction costs to construct those same fire facilities would have been more than the fee assessed to that developer pursuant to PMC Sections
3.42.020 (Residential fire facilities impact fee required) or 3.42.030 (Nonresidential public facilities development impact fee required), then nothing in this section prevents the City from entering into a reimbursement agreement with that developer, subject to the availability of funds.
(C) The City Manager may reduce the amount of the fire facilities impact fee required by PMC Sections 3.42.020 (Residential fire facilities impact fee required) or 3.42.030 (Nonresidential public facilities development impact fee required) if the City Manager determines that a development will generate extraordinary sales tax revenue for the City and thereby confer an extraordinary financial benefit upon the City.
3.42.070 Calculation of fees.
A developer subject to the fire facilities impact fee required by PMC Section 3.42.020 (Residential fire facilities impact fee required) or 3.42.030 (Nonresidential public facilities development impact fee required) must pay the amount of the fee that is in effect when the fee becomes due. Furthermore, any fee imposed on a development that is protected by vested rights acquired through a vesting subdivision map will be the amount in effect at the time the rights became vested, plus any adjustment for inflation made between that date and the date that the fee becomes due.
3.43.010 Findings and intent.
The City Council finds and determines that numerous social services of benefit to the community are provided by tax-exempt organizations that develop nonresidential buildings and structures within the City. The City Council further finds and determines that the implementation of policies and procedures that authorize qualified tax-exempt organizations to defer the payment of development impact fees required under PMC Chapters 3.38 (Drainage Fee Requirements) and 3.40 (Traffic Impact Fee Requirements)PMC will have the salutary effect of expediting the construction of new nonresidential developments that will be used, in whole or in part, to provide social services for the benefit of residents of this community.
3.43.020 Eligibility for the deferred payment of development impact fees. (A) The payment of development impact fees required under PMC Chapters 3.38 (Drainage Fee Requirements) and 3.40 (Traffic Impact Fee Requirements)PMC for nonresidential developments may be deferred for a period not to exceed five years from the date that they would otherwise be payable if the developer meets the following requirements:
(3) The developer submits to the City Manager an application for the deferred payment of development impact fees that contains, at a minimum, the information specified below in PMC Section 3.43.030 (Application for the deferred payment of development impact fees), and complies with all other applicable requirements of this chapter.
3.43.030 Application for the deferred payment of development impact fees. (A) A developer meeting the threshold requirements of PMC Section 3.43.020 (Eligibility for the deferred payment of development impact fees) may submit to the City Manager, on a form to be provided by the City, an application for the deferred payment of development impact fees. This application, at a minimum, will require the following information:
(9) A statement that the applicant will, as a condition of the deferred payment of development impact fees, enter into an agreement with the City that sets forth the respective rights and obligations of the parties relating to the deferred payment of those fees, including the applicant’s obligation to provide to the City adequate security for payment, as required by the provisions of PMC Section 3.43.040 (Security for payment of development impact fees);
3.44.030 Definitions.
For purposes of this chapter, the following terms shall have the following meanings unless it is apparent from their context that a different meaning is intended:
(S) “Professional” means any person, including any professional corporation, wherever located, engaged in or carrying on, within the City, any profession requiring satisfactory compliance with written or oral examination standards adopted by a branch of the sState or fFederal government. Such professions include, but are not limited to, architects, attorneys, accountants, auditors, audiologists, chiropractors, clinical social workers, dentists, electrologists, engineers, geologists, gemologists, herbalists, marriage, family and child counselors, morticians, naturopaths, nurses (registered), oculists, opticians, optometrists, osteopaths, physicians, podiatrists, psychologists, speech pathologists, surveyors and veterinarians.
3.44.060 Business license taxes – Payment.
(B) Due Date. Renewals of business license taxes shall be due and payable, pursuant to PMC Section 3.44.050 (Business licenses – Duration) , on March 31st, June 30th, September 30th and December 31st, as may be applicable.
3.44.070 Business license taxes – Delinquencies.
(A) Generally. All business license taxes shall become delinquent if not paid by 5:00 p.m. on the date that the tax becomes due and payable. If the date that the tax becomes due and payable falls on a Saturday, Sunday, a date on which City offices are closed, or a national or sState holiday, the tax will be delinquent if not paid by 5:00 p.m. on the next working day.
3.44.080 Business licenses – Issuance to persons operating under fictitious names.
A business license may be issued to a person operating under a fictitious business name who has complied with all of the applicable provisions of the Business and Professions Code of this sState. Otherwise, all licenses shall be issued in the true name of the person applying for a license, and must appear as such on the application for a license.
3.44.090 Unlawful business.
No business license issued under the provisions of this chapter shall be construed as authorizing any business activity which is prohibited under the laws of the United States, the fFederal and sState Constitutions, this code or any applicable law, ordinance, rule or regulation. Any such business license shall be void.
3.44.220 Permit prerequisite.
The Director shall not issue any license for any business, profession, trade, commercial enterprise or occupation for which a business permit is required pursuant to PMC Title 5 (Business Licenses, Taxes and Regulations) until such permit is obtained. The Director shall not issue a license if any such permit has been revoked or has expired and has not been reinstated or renewed. Any license issued under this chapter for any business, profession, trade, commercial enterprise or occupation for which a business permit is required by PMC Title 5 (Business Licenses, Taxes and Regulations) , or by any other provision of this code, shall be void upon the revocation or expiration of any such permit.
3.44.230 Application.
Every person desiring to conduct, manage, or carry on any business, profession, trade, commercial enterprise or occupation in the City shall file with the Director a form provided by the City, sworn to or made under penalty of perjury, setting forth the following information, as may be applicable:
(A) The name, home address and telephone number, Social Security number, and California driver’s license number of the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation. Additionally, there shall be included the names, addresses and telephone numbers of all directors, any stockholder holding 10 percent or more of the shares of the corporation, and the name, home address and telephone number of an officer who is duly authorized to accept service of legal process. If the applicant is a partnership, the names, home addresses and telephone numbers of each general partner shall be stated. If one or more of the partners is a corporation, the provisions of this sSubsection pertaining to a corporate applicant shall apply to that partner;
3.44.250 Exemptions.
(A) General Exemptions. Except as otherwise provided herein, no license tax shall be required of:
(1) The fFederal government or the sState of California, or any political subdivisions, agencies or instrumentalities thereof;
(2) Any person engaging in any business exempt from the payment of such tax by virtue of the Constitution or laws of the sState of California, or the Constitution or laws of the United States; or
(3) Any religious, charitable, fraternal, educational, cultural or civic organization, and any other organization, whether incorporated or not, described in Article 1, Chapter 4, Part II of the Revenue and Taxation Code of the sState of California; provided, however, that any such organization shall be required to obtain a license and pay the applicable license taxes if and to the extent it engages in any “unrelated trade or business” as that term is used in Section 23734 of the California Revenue and Taxation Code. (B) Limited Exemptions. The Director, upon application being made therefor, and upon the applicant presenting evidence of its eligibility therefor, shall issue a business license endorsed as partially or wholly exempt from taxes as follows:
(3) Notwithstanding the provisions of sSubsection (B)(2) of this section:
(a) Every honorably discharged or honorably relieved soldier, sailor, or marine of the United States who served in any Indian war, the Spanish-American War, any Philippine insurrection, the Chinese Relief Expedition, the World War of 1914 and years following, or World War II, who is physically unable to obtain a livelihood by manual labor, and who is a voter of this sState, may distribute circulars, and hawk, peddle, and vend any goods, wares or merchandise owned by him, except spirituous malt, vinous, or other intoxicating liquor, without payment of any license tax or fee whatsoever; provided, however, that he is registered with the City, and the Director shall issue to such soldier, sailor or marine, without cost, a license therefor.
(b) Every person who was honorably discharged or honorably relieved from the military, naval or air service of the United States who served on or after June 27, 1950, and prior to February 1, 1955, or on or after August 5, 1964, and prior to a future date to be established by the Legislature, who is physically unable to obtain a livelihood by manual labor, and who is a resident of this sState may distribute circulars, and hawk, peddle, and vend any goods, wares or merchandise owned by him, except spirituous, malt, vinous, or other intoxicating liquor, without payment of any license tax or fee whatsoever, and the Director shall issue to such person, upon registering with the City, a license therefor without cost.
3.44.260 Confidential information.
(D) The disclosure, after the filing by licensee of a written request to that effect, to the licensee or to the licensee’s successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, of information regarding the computation of any paid or unpaid license tax, or amounts of license tax and any penalties required to be collected; provided, however, that the City Attorney shall approve each such disclosure and the Director may refuse to make any disclosure referred to in this sSubsection when, in the opinion of the Director, the public interest in disclosure is outweighed by the public interest saved by not making the information public; and
3.44.310 Severability.
If any section, sSubsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this chapter. The City Council hereby declares that it would have adopted this chapter and each section, sSubsections, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, sSubsections, phrases, or portions be declared invalid or unconstitutional.
3.45.020 Residential public facility development impact fee required. (A) Except as provided in PMC Section 3.45.040 (Exemptions from, and reduction of, public facility development impact fee) , a public facility development impact fee for a single dwelling residential building must be paid, in an amount established by resolution of the City Council, upon the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first. If the residential development contains more than one dwelling, the public facility development impact fee must be paid on a lump-sum basis when the first dwelling in the development or development phase receives its final inspection or certificate of occupancy, whichever occurs first. (B) For the purposes of this sSection, the terms “final inspection” and “certificate of occupancy” have the same meaning as described in Government Code Section 66007, as amended.
3.45.030 Nonresidential public facility development impact fee required. (A) Except as provided in PMC Section 3.45.040 (Exemptions from, and reduction of, public facility development impact fee) , a public facility development impact fee for a nonresidential building must be paid, in an amount established by resolution of the City Council, upon the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first.
(B) For the purposes of this sSection, the terms “final inspection” and “certificate of occupancy” have the same meaning as described in Government Code Section 66007, as amended.
3.45.040 Exemptions from, and reduction of, public facility development impact fee.
(A) A developer is entitled to a reduction in the public facility development impact fee required by PMC Section 3.45.020 (Residential public facility development impact fee required) and 3.45.030 (Nonresidential public facility development impact fee required) if the developer constructs public facilities pursuant to a public facilities plan adopted by the City Council. The public facility development impact fee will be reduced by the amount of engineering and construction costs that would reasonably be incurred by the City in building those same public facilities. The amount of the reduction in the public facility development impact fee is subject to the approval of the Director of Public Works prior to construction of the development.
(B) If a developer constructs public facilities pursuant to a plan adopted by the City Council, and if the City’s engineering and construction costs to construct those same facilities would have been more than the fee assessed to that developer pursuant to PMC Section 3.45.020 (Residential public facility development impact fee required) and
3.45.030 (Nonresidential public facility development impact fee required), then nothing in this sSection prevents the City from entering into a reimbursement agreement with that developer, subject to the availability of funds.
(C) The City Manager may reduce the amount of the public facility development impact fee required by PMC Section 3.45.030 (Nonresidential public facility development impact fee required) if the City Manager determines that a development will generate extraordinary sales tax revenue for the City and thereby confer an extraordinary financial benefit upon the City.
3.45.050 Fee adjustment.
(B) Invalidation of Fee Reduction. If a reduction is granted pursuant to this sSection, then any subsequent change in the design of the subject development that may impact the demand for general public facilities, or any increase in the square footage of the development, will invalidate the reduction.
(C) Processing of Protests. The procedure set forth in this sSection will implement Government Code Section 66020, or any successor statute, and will serve as the City’s method for processing protests filed pursuant to that section. Prior to the effective date of the City’s approval of the development, or, if no discretionary review is required, then prior to the issuance of a building permit, a developer that is subject to this chapter must sign and acknowledge receipt of a notice informing the developer of the amount of the public facility development impact fee imposed upon the development. The acknowledgment of the notice will not be deemed a waiver of the developer’s right to protest the imposition and to request a fee adjustment under this sSection.
3.45.070 Calculation of fees.
A developer subject to the public facility development impact fee required by PMC Section
3.45.020 (Residential public facility development impact fee required) or 3.45.030 (Nonresidential public facility development impact fee required) must pay the amount of the fee that is in effect when the fee becomes due. Furthermore, any fee imposed on a development that is protected by vested rights acquired through a vesting subdivision map will be the amount in effect at the time the rights became vested, plus any adjustment for inflation made between that date and the date that the fee becomes due.
3.46.040 Provisions of Mello-Roos Act that are not applicable. (A) Notwithstanding PMC Section 3.46.020 (Incorporation of Mello-Roos Act) , the following provisions of the Mello-Roos Act shall not apply to community facilities districts formed under the authority of this chapter, or otherwise to extensions of authorized facilities and services, changes in special taxes, annexations of territory, levies of special taxes, or the incurrence of bonded indebtedness with respect to community facilities districts formed under the authority of this chapter (all references below to sections are to sections of the California Government Code, as in effect on the date of adoption by the City Council of Ordinance No. 1479): (1) Section 53312; (2) Section 53312.7; (3) Section 53312.8; (4) Section 53315.6; (5) Section 53316.2; (6) Section 53316.4; (7) Section 53316.6; (8) Section 53325.6; (9) Section 53329.5; (10) Section 53332; (11) Section 53333; (12) Section 53340.1(b); (13) Section 53343.1; (14) Section 53345.8; (15) Section 53356.05; (16) Section 53363.5; and (17) Section 53365.
3.46.050 Provisions of Mello-Roos Act that are modified. (A) Notwithstanding PMC Section 3.46.020 (Incorporation of Mello-Roos Act) , the following provisions of the Mello-Roos Act shall apply, as modified as set forth below, to community facilities districts formed under the authority of this chapter, or otherwise to extensions of authorized facilities and services, changes in special taxes, annexations of territory, levies of special taxes, or the incurrence of bonded indebtedness with respect to community facilities districts formed under the authority of this chapter (all references below to sections are to sections of the California Government Code, as in effect on the date of adoption by the City Council of Ordinance No. 1479):
4.01.030 Adjustment of terms of office.
Pursuant toIn accordance with Sections 1301 and 10403.5(d) of the California Elections Code, the settlement agreement and the Court’s order, and because of the change of election date, the terms of office of those members of the City Council presently serving whose terms would previously have expired in November 2013 or those whose terms would expire in November 2015 shall instead continue in their offices until certification of the results and administration of oaths of office after the November 2016 general municipal election.
4.01.040 Notice to voters.
If the Los Angeles County Board of Supervisors approves the ordinance codified in this Cchapter, the City elections official shall cause a notice to be mailed to registered voters within the City of Palmdale as required by Elections Code Section 10403.5(e).
4.01.050 Environmental review.
The City Council finds that the ordinance codified in this Cchapter is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15061(c)(3), i.e. respectively, that the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and it does not have the potential to cause a significant effect on the environment (CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3).
4.01.060 Effective date.
Pursuant to Elections Code Sections 1301 and 10403.5, the ordinance codified in this Cchapter shall not become effective until approved by the Los Angeles County Board of Supervisors (“effective date”). Within 30 days of the effective date, the City Clerk shall cause a notice to be mailed to all voters of the City informing them of the change in the election day.
4.01.080 Settlement of lawsuit and compliance with Los Angeles County Superior Court order.
The ordinance codified in this Cchapter is being considered pursuant to a negotiated settlement of a lawsuit which settlement was approved and ordered by the Los Angeles County Superior Court and the California Court of Appeals.
Chapter 4.04
Sections:
4.04.010 Short title.
4.04.020 Purposes of Cchapter.
4.04.030 Application and scope of this Cchapter.
4.04.040 Interpretation of this Cchapter.
4.04.010 Short title.
This Cchapter shall be known and may be cited as the “fair campaign practices ordinance” of the City of Palmdale.
4.04.020 Purposes of Cchapter.
The City Council enacts this Cchapter in order to accomplish the following:
4.04.030 Application and scope of this Cchapter.
(A) To the extent that this Cchapter imposes reporting and filing requirements additional to or different from those set forth in Chapter 4 of Title 9 of the Government Code (Sections 84100 through 84400) for elections held in this City, such additional or different reporting and filing requirements shall apply only to candidates seeking election in this City, their controlled committees, committees formed or existing primarily to support or oppose their candidacies, and to committees formed or existing primarily to support or oppose a candidate who is being voted on only in this City, and to general purpose committees active only in this City.
(B) Nothing in this Cchapter shall exempt or excuse any person from compliance with all applicable provisions of the laws of this sState, including the Political Reform Act of 1974, as amended (Government Code Sections 81000 through 91015).
4.04.040 Interpretation of this Cchapter.
(A) Except as otherwise set forth in this sSection, the words, terms and phrases used herein shall have the same meanings as defined in the Political Reform Act of 1974, as amended, which definitions are contained in Chapter 2 of Title 9 of the Government Code (Section 82000 et seq.).
(B) The definitions set forth below shall be applied in the interpretation and construction of this Cchapter:
(b) A photograph or drawing of the candidate; or,
4.04.060 Electronic filing of campaign statements and statements of economic interests.
(A) Findings. Pursuant to California Government Code Section 84615, the City of Palmdale hereby finds that the online or electronic filing system required by this Cchapter will operate securely and effectively and will not unduly burden filers. Said system promotes the use of electronic filing of campaign forms required by the sState of California to provide for a streamlined paperless and secure system to meet the demand for digital and transparent systems.
(B) Any elected officer, candidate, committee or other person required to file statements, reports or other documents required by Government Code Section 84100, 87200 or 87300 et seq. shall file those statements, including anyone required to file any required Statement of Economic Interest reports (Form 700), or other documents online or electronically with the City Clerk. However, an elected officer, candidate, committee or other person who receives contributions totaling less than $2,000 and makes expenditures totaling less than $2,000 in a calendar year is not subject to the requirements of this sSection.
(D) Once an elected officer, candidate, committee, or other person files a statement, report, or other document electronically pursuant to Ssubsection (B) of this sSection, all future statements, reports, or other documents on behalf of that filer shall be filed electronically.
(F) The date of filing for a statement, report, or other document that is filed online or electronically pursuant to this sSection shall be the day that it is received by the City Clerk.
The City Clerk shall issue to a person who files a statement, report, or other document online or electronically an electronic confirmation that notifies the filer that the statement, report, or other document was received. The confirmation shall include the date and the time that the statement, report, or other document was received by the City Clerk and the method by which the filer may view and print the data received by the City Clerk.
4.04.090 Campaign statement required for late distribution of reproduced campaign material.
If a candidate, committee or other person disseminates a mass distribution of reproduced campaign material 16 days or fewer before an election, the candidate, committee or person responsible for the mass distribution of reproduced campaign material shall file or cause to be filed with the City Clerk a campaign statement with all of the information required by Government Code Section 84211. The period covered by the campaign statement shall be from the date of the last campaign statement filed with the City Clerk until, and including, the date of the mass distribution of reproduced campaign material.
The campaign statement required by this sSection shall be filed with the City Clerk at the same time a copy of the reproduced campaign material is filed with City Clerk as required in PMC Section 4.04.110 (Required notices on reproduced campaign material) . A campaign statement filed pursuant to this sSection shall be in addition to any other requirement of this Cchapter or the Political Reform Act of 1974, as amended. (2) If the sender of the reproduced campaign material is a person or committee which is not controlled, directly or indirectly, by a candidate, and which does not act jointly with a candidate or a controlled committee in connection with the making of expenditures, the following supplemental notice shall be affixed, either separately or in combination with the notice required in Ssubsection (A)(1) of this sSection:
(B) Any notice required under the provisions of Ssubsection (A) of this s sSection shall appear on the reproduced campaign material in at least 10-point type, not subject to the half-tone or screening process, and in a printed or drawn box set apart from any other printed matter.
4.04.110 Filing copies of reproduced campaign material.
The candidate, committee or other campaign responsible for a mass distribution of reproduced campaign material before the date of an election, but after the closing date of the last campaign statement required to be filed before the election, shall file or cause to be filed with the City Clerk a copy of each such item. The copy shall be filed with the City Clerk within 24 hours after all or any portion of such reproduced campaign material is first disseminated to the public and shall be filed with the campaign statement required by PMC Section 4.04.090 (Campaign statement required for late distribution of reproduced campaign material). Copies filed with the City Clerk shall be a public record and available for public inspection.
4.04.120 Violations.
(A) Any person who knowingly or wilfullywillfully violates any provision of this Cchapter is guilty of a misdemeanor and upon conviction is punishable by a fine not exceeding $1,000 or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.
(B) Whether a violation is inadvertent, negligent or deliberate, and the presence or absence of good faith, shall be considered in applying the remedies and sanctions of this sSection.
4.04.130 Injunctive relief.
Any person residing in the City may sue for injunctive relief to enjoin violations or to compel compliance with the provisions of this Cchapter.
4.04.140 Severability.
If any provisions of this Cchapter, or the application thereof to any person or circumstances is held invalid, the remainder of this Cchapter, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those as to which it was held invalid, shall not be affected thereby, and, to this end, the provisions of this Cchapter are severable.
4.10.010 District boundaries.
The following district boundaries are hereby adopted as the electoral districts for the five City Council members of the City of Palmdale through the general municipal election in November 2030:
4.10.020 Map.
A map depicting the boundaries set forth in PMC Section 4.10.010 (District boundaries) is attached to the ordinance codified in this Cchapter as Exhibit A and incorporated into this Cchapter by this reference.
4.10.030 District-based elections.
(A) District-Based Elections. Pursuant to California Government Code Section 34886, all members of the City Council of the City of Palmdale shall be elected by district in five single-member districts.
(1) All members of the City Council shall be elected in the electoral districts established by PMC Section 4.10.010 (District boundaries) and as subsequently reapportioned pursuant to sState law. All City Council elections shall be “district-based” as that term is defined in California Elections Code Section 14026(b), meaning each of the five Councilmembers shall be elected from each district, by the voters of that district alone.
4.11.030 Subsequent terms of office.
After the initial terms of office as set forth in PMC Sections 4.11.010 (Term of office for Districts One and Two) and 4.11.020 (Term of office for Districts Three, Four and Five) , the term of office of members of the City Council of the City of Palmdale elected pursuant to the provisions of this Cchapter shall be four years, and until a successor is qualified.
6.04.010 Adoption of Los Angeles County animal control ordinance. (A) Subject to the amendments contained in this Cchapter, Divisions 1, 2, and 3 of Title 10 of the Los Angeles County Code (“Animals”), in effect on October 3, 2017, and as they may be amended from time to time, are hereby adopted and incorporated herein by reference, and may be cited as the “Animal Control Ordinance” of the City of Palmdale. (B) In the event there are any inconsistencies between Title 10 of the Los Angeles County Code and this Cchapter pertaining to animal control, the latter shall prevail. (C) In the event there are any inconsistencies between the Title 10 of the Los Angeles County Code and the City’s Zzoning Oordinance relating to the keeping of animals, the latter shall prevail.
6.04.020 Definitions.
Notwithstanding the definitions provided in Chapter 10.08 of the animal control ordinance, whenever any of the following names or terms is used in the animal control ordinance and this Cchapter, each such name or term shall be deemed or construed to have the meaning ascribed to it in this Ssection as follows:
6.04.030 Repeals to the animal control ordinance.
Notwithstanding the provisions of PMC Section 6.04.010 (Adoption of Los Angeles County animal control ordinance), the following provisions of the animal control ordinance are hereby repealed: Section 10.04.060 (“Penalty: General”) and Section 10.84.030 (“Penalty: Predator Animals”).
6.04.040 Penalties.
Any person violating or failing to comply with any provision, regulation, or requirement of the animal control ordinance or of this Cchapter r shall be deemed guilty of a violation pursuant to PMC Chapter 1.12 (Penalty Provisions)PMC.
6.04.050 Penalty for dog bites.
Notwithstanding the provisions of PMC Section 6.04.010(A), Section 10.37.180 of the animal control ordinance is hereby amended to read as follows:
10.37.180 Penalty for dog bites. In addition to the conditions and restrictions imposed on the ownership of potentially dangerous and vicious dogs set forth in this Cchapter, an owner or custodian of a dog who permits, allows or causes a dog to run, stray or be uncontrolled or at large upon a public street, sidewalk, park or other public property, or in or upon the private property of another person, is guilty of a public offense punishable pursuant to Chapter 1.12 of this Code if such dog bites, attacks or causes injury to any person or to a domestic animal.
A. Dogs. It is unlawful to keep more than the allowable number of dogs, pursuant to PMC Chapter 17.89 (Animal Keeping)Section 17.89.030, at any residence without an animal facility license. Each dog must be licensed. For purposes of this Ssection, a service dog licensed under Section 10.20.090 and serving a person who is disabled within the meaning of Government Code Ssection 12926 Ssubsection (i) or (j) is not counted toward the number of dogs kept or maintained.
B. Cats. It is unlawful to keep more than the allowable number of cats, pursuant to Section
17.89.030PMC Chapter 17.89 (Animal Keeping), at any residence without an animal facility license. Each cat must be licensed, and kept primarily indoors.
6.08.010 Purpose.
The purpose of this Cchapter is to permit, subject to proper regulation, the keeping and flying of racing homing pigeons as a recreational sport and hobby, and for no other purpose.
6.08.030 Permit – Required.
Homing pigeons, which are not raised or kept for the market or other commercial purpose, may be kept and liberated for exercise or racing within not less than 25 feet from any door, window or other opening of any dwelling, if a permit in writing, authorizing the keeping and liberating for exercise and racing of such homing pigeons, is first applied for and obtained from the City. Each application for a permit to keep and liberate for exercise and racing of the homing pigeons shall be made upon forms to be furnished for that purpose by the City, signed by the applicant and filed with the City. No such application shall be received for filing by the City unless accompanied by a filing fee of $10.00. The permit shall be issued by the City upon compliance by the applicant with the conditions set out in this Cchapter.
6.08.040 Permit – Term and fee.
Each permit issued pursuant to the provisions of this Cchapter shall be valid for a period of one year from and after the date of issuance and shall be renewable on the payment to the City of a renewal fee in the sum of $7.50 annually.
6.08.120 Fee exemption.
Any junior member of the American Racing Pigeon Union shall be subject to all of the requirements of this Cchapter except that a junior member shall be issued a no-fee permit upon compliance with this Cchapter and displaying his membership card in the American Racing Pigeon Union.
8.04.050 Appeals board.
Whenever any code adopted herein by reference refers to an appeals board or board of appeals, or requires that a board be appointed to hear appeals of the provisions of that adopted code or the determinations of the Building Official, such board shall mean the board of appeals appointed for the Palmdale Building Code, pursuant to Subsection 105 of PMC Section 8.04.202 (Copy of Palmdale Building Code maintained by City Clerk)and hearings shall be conducted in accordance withpursuant to the procedures set forth therein.
With this section, the City will amend the Municipal Code by adding and adopting County of Los Angeles Ordinance 2018-0037. This action serves to keep the City of Palmdale in compliance with the State Water Resources Control Board regulations and standards for on-site wastewater treatment systems.
8.04.120 Penalty for violation.
It is unlawful for any person to violate any provision, or fail to comply with any of the requirements of the Palmdale health code. Any person who violates or fails to comply with the Palmdale health code is guilty of a misdemeanor and shall be prosecuted and punished pursuant to PMC Chapter 1.08 (Arrest Procedure)PMC . In addition to the penalties therein provided, any condition caused or permitted to exist in violation of any provision of the Palmdale health code shall be deemed a public nuisance and may be abated as such by the City, including, but not limited to, by summary abatement. Each day such violation or condition continues shall constitute a new and separate offense.
8.04.200 Adoption of administrative provisions for the Palmdale Building Code, Plumbing Code, Mechanical Code, Electrical Code, Residential Code and Green Building Code.
The following provisions are adopted as the administrative provisions and constitute Chapter 1 of the Palmdale Building Code, Palmdale Plumbing Code, Palmdale Mechanical Code, Palmdale Residential Code, Palmdale Green Code and Article 89 of the Palmdale Electrical Code to read and to be cited as set forth herein below. The sSubsections are numbered to be consistent with the numbering of the codes adopted by reference.
CHAPTER 1 ADMINISTRATIVE PROVISIONS
SECTION 101 Titles, Purpose and Scope
101.2 Purpose and Intent.
The PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code, shall not be construed to hold the City of Palmdale or any officer, employee or agent thereof responsible for any damage to persons or property by reason of any inspection authorized herein or by reason of the issuance or nonissuance of any permit authorized herein, and/or for any action or omission in connection with the application and/or enforcement of the Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code provision and/or any provisions of the PAP. The adoption of the Palmdale Administrative provisions, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code the City does not intend to impose on itself, its employees or agents any mandatory duties of care toward persons and property within its jurisdiction so as to provide a basis of civil liability for damages.
This sSection is declaratory of existing law and is not to be construed as suggesting that such was not the purpose and intent of previous code adoptions. 101.3.1 Repairs, and Alterations
Additions, alterations, repairs and changes of use or occupancy in all buildings and structures shall comply with the provisions for new buildings and structures except as otherwise provided in Chapter 34 of the Building Code. Where, in any specific case, different sSections of the PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
In existing buildings or premises in which any installations are to be altered, repaired or renovated, deviations from the provisions of the PPC are permitted, provided such deviations are found to be necessary and are first approved by the Building Official. Any building may have its existing use, maintenance or repair continued when the Building Official determines that its use, maintenance or repair is in accordance withpursuant to the original design and no hazard to the public health, safety or welfare has been created by such building or installation.
Existing plumbing and any drains may be used in connection with new buildings or new plumbing and drainage work only when they are found on examination and test to conform in all respects to the requirements governing new work, and the Building Official shall notify the owner to make any changes necessary to conform to the Palmdale Plumbing Code. No building or part thereof, shall be erected or placed over any part of a drainage system, which is constructed of materials other than those approved elsewhere in the PPC for use under or within a building. Existing building sewers and building drains may be used in connection with plumbing alterations or repairs if such sewers or drains have been properly maintained and were installed in accordance withpursuant tothe applicable laws in effect at the time of installation. Any plumbing system existing on January 1, 1975, shall be deemed to have conformed to applicable law in effect at the time of installation and to have been maintained in good condition if currently in good and safe condition and working properly.
101.3.3 Existing Construction.
No provision of the codes shall be deemed to require a change in any building system or any other work regulated by the PAP in or on an existing building or lot when such work was installed and is maintained in accordance withpursuant to law in effect prior to the effective date of the PAP, except when any such building, system or other work regulated by the PAP is determined by the Building Official to be in fact dangerous, unsafe, unsanitary, or a nuisance and a menace to life, health, or property. 103.1 Compliance with Code.
It shall be unlawful for a person to erect, construct, enlarge, alter, repair, move, improve, remove, connect, convert, demolish, equip, or perform any other work on any building or structure or portion thereof, or perform any grading in the City of Palmdale, or cause the same to be done, contrary to, or in violation of, any of the provisions of the PAP, Palmdale building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code.
103.2 Violation.
It shall be unlawful for any person to own, use, occupy or maintain any building or structure or portion thereof, in the City of Palmdale , or cause the same to be done, contrary to, or in violation of, any of the provisions of the PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code.
103.3 Penalty.
Violations of any provision of the PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code is punishable as set forth in PMC Palmdale Municipal Code Title 1 (General Provisions). It shall constitute a new and separate offense for each and every day or portion thereof during which any violation of any of the provisions is committed, continued or permitted.
The provisions for punishment in this sSubsection are in addition to and independent of any other sanctions, penalties or costs which are or may be imposed for a violation of any of the provisions of the PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code. 103.4.1 General.
The Building Official may record a notice with the county recorder’s office that a property, building or structure, or any part thereof, is in violation of any code provision provided that the provisions of this sSection are complied with. The remedy provided by this sSection is cumulative to any other enforcement actions permitted. 103.4.3 Notice.
The written notice given pursuant to this sSection shall indicate: 1. The nature of the violation(s); and 2. That if the violation is not remedied to the satisfaction of the Building Official within 15 days the Building Official may, at any time thereafter, record with the county recorder’s office a notice that the property and/or any building or structure located thereon is in violation of the PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and/or Green building code. The notice shall be posted on the property and shall be mailed to the owner of the property as indicated on the last equalized county assessment roll. The mailed notice may be by registered, certified or first class mail. The 15-day period for achieving compliance with shall run from the date the property is posted or from the date of the mailing of the notice, whichever is later.
104.2 Powers and Duties of the Building Official.
The Building Official of the Building and Safety division for the Cityof Palmdale shall have all authority granted by the PAP, Palmdale Building, Plumbing, Residential, Green, Mechanical, Electrical, Housing and Abatement of Dangerous Building Codes and all mandated State of California regulations and codes. The Building Official shall have the power to render interpretations of these codes and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformance with the intent and purpose of these codes and available to the public for review.
104.2.1 Deputies.
In accordance withpursuant to the procedures of the City of Palmdale and with the approval of the cCity manager, the Building Official may appoint such number of officers, inspectors and assistants, and other employees as shall be authorized from time to time.
The Building Official may deputize such employees as may be necessary to carry out the functions of the building and safety division.
104.2.2.1 Intent. It is the Intent of the City Council to authorize the Building Official to issue orders regarding the occupancy of buildings, structures, or other premises in the City of Palmdale by the posting of safety assessment placards in the event of a catastrophic event, disaster, or other local, sState, or fFederal declaration of emergency. 104.2.2.2. Applicability. The provisions of this sSection 104.2.2 and its sSubsections are applicable to all buildings, structures, and other premises (whether improved or unimproved land), of all occupancies in the City of Palmdale. 104.2.2.4. Safety Assessment Placards.
(A) Upon completing a safety assessment of any building, structure, or premises (whether improved or unimproved land) in the event of a catastrophic event, disaster, or declaration of a fFederal, sState or local disaster or emergency, the Building Official or his authorized designee, shall post a Safety Assessment Placard at each apparent entrance into such building, structure, or premises or at an otherwise conspicuous place thereon. Each placard shall cite Palmdale Building Code Section 104.2.2 et seq. as its authority, and shall contain the address and telephone number of the Building and Safety Department.
The Building Official or his authorized designee performing the safety assessment shall legibly note on the placard his or her name or registration number, the facility name, if any, and address to which the placard pertains, and the date and time the safety assessment was completed. Each placard shall also contain a statement prohibiting its removal, alteration, or covering until authorized by the Building Official. (B) Upon completing a safety assessment, the Building Official or his authorized designee shall post one of the three Safety Assessment Placards set forth in this sSubsection. The Building Official may, but is not required to, assign a color for each type of placard. The following are verbal descriptions of the Safety Assessment Placards to be used to designate the condition of buildings, structures, or other premises. 2) “RESTRICTED USE” is to be posted on each building, structure, or other premises (whether improved or unimproved land) that has been damaged wherein the damage requires some form of restriction to its use or occupancy. The placard shall note in general terms the type of damage encountered and concisely note the restrictions on continued occupancy. The placard shall constitute a lawful order of the Building Official, the violation of which is punishable as set forth in PMC Chapter 1.12 (Penalty Provisions).of the Palmdale Municipal Code.
3) “UNSAFE – Do Not Enter or Occupy” is to be posted on each building or structure, or premises (whether improved or unimproved land) that has been damaged such that continued occupancy poses a threat to life safety. Buildings, structures, or premises posted with this placard shall not be entered under any circumstance except as authorized in writing by the Building Official, or his or her authorized designee. Safety assessment teams, law enforcement, and disaster response personnel shall be authorized to enter at any time. This placard is not to be used or considered as a demolition order and shall so state. The placard shall note in general terms the type of damage observed during the safety assessment. The placard shall constitute a lawful order of the Building Official, the violation of which may be punished as set forth in PMC Chapter 1.12 (Penalty Provisions) of this Code.
104.2.3.4 Denial of Access.
No person shall fail or refuse, after proper demand has been made upon such person as provided in this sSection, to promptly permit the Building Official or an authorized representative to make any inspection provided for by this PAP. Any person violating this sSection shall be punishable as set forth in PMC Title 1 (General Provisions)of the Palmdale Municipal Code.
104.2.7 Modifications.
Whenever there are practical difficulties involved in carrying out the provisions of the PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code, the Building Official may grant modifications for individual cases, provided the Building Official shall first find that a special individual reason makes the strict letter of the provision impractical and that the modification is in conformity with the spirit and purpose of the code provision and that such modification does not lessen any fire protection requirements or any degree of structural integrity. The details of any action granting modifications shall be recorded and entered in the files of the enforcement agency. A written application for the granting of such modifications shall be submitted together with a filing fee as adopted in the current cCity fee resolution. 104.2.12 Reports and Records.
The Building Official shall keep a permanent, accurate account of all fees and other moneys collected and received under the provisions of the PAP or any cCity ordinance, the names of the persons upon whose account the same were paid, and the date and amount thereof, together with the location of the building or premises to which they relate. 104.3 Definitions.
Whenever any of the names or terms defined in this sSection is used in the PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this sSection.
The bBuilding oOfficial shall be an ex-officio member and shall act as secretary to the board. The members of the board of appeals shall be appointed by the City Council and shall hold office at its pleasure. If the appeals board has not been appointed, the City Council, for expediency, hereby authorizes the City Manager as follows. 105.1.3 Accessibility Appeals Board.
In order to conduct the hearings on written appeals regarding notice and orders of the bBuilding oOfficial and to ratify certain exempting actions of the bBuilding oOfficial in enforcing the accessibility requirements of the Palmdale Administrative provisions or any Palmdale Code for privately funded construction, to serve as an advisor to the bBuilding oOfficial on disabled access matters, there shall be an accessibility appeals board which shall be the Appeals Board as Defined in Section 105.1.
The Accessibility appeals board may approve or disapprove interpretations and enforcement actions taken by the bBuilding oOfficial. All such approvals or disapprovals for privately funded construction shall be final and conclusive as to the bBuilding oOfficial in the absence of fraud or prejudicial abuse of discretion. 105.2. Appeal.
Any person adversely affected by any regulation, interpretation, rule or decision may appeal from any notice and order of the bBuilding oOfficial as determined by this PAP or Building, Green, Uniform Abatement of Dangerous Buildings, Housing, Electrical, Mechanical, Plumbing Codes, by filing at the office of the Building Official a written appeal containing the names and addresses of all persons filing the appeal; the interest of each appellant being adversely affected, a description of the specific order, action, interpretation or decision being appealed, a statement of the reasons for the appeal and the relief being sought. The written appeal must be signed by all persons filing the appeal. 105.3. Time for appeal. Any appeal must be filed within 30 days from the date of the service of the order or notice of the decision which is the subject of the appeal, provided, however, that if the appeal concerns a building or structure in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted in accordance withpursuant to Section 404 of the Abatement of Dangerous Building Codes and Section 1104 of the Housing Code, such appeal must be filed within 10 days from the date of the service of the notice, and order of the bBuilding oOfficial. If the office of the Building Official does not receive the appeal within the times specified above, the right to an appeal shall be waived and the Order, notice or decision shall be confirmed and final. 105.4. Hearing on Appeal.
Upon receipt of any appeal filed pursuant to this sSection, the Building Official shall schedule a hearing before the appeals board or before the Administrative Hearing Officer appointed by the City Manager. The hearing shall be held within sixty days of the City’s receipt of the written appeal. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the Building Official by mailing such notice to the address or addresses provided in the appeal. 105.6 Staying Of Order under Appeal.
Except for vacation orders made pursuant to the Abatement of Dangerous Buildings Code and the Housing Code, enforcement of any notice and order of the bBuilding oOfficial issued under this code shall be stayed during the pendency of an appeal there from which is properly and timely filed.
105.7.6. Subpoenas
The board or hearing officer may obtain the issuance and service of a subpoena for the attendance of witnesses or the production of other evidence at a hearing upon the request of a member of the board or upon the written request of any party. It is a violation of the Code punishable as set forth in PMC Title 1 (General Provisions) of this Code for any person to refuse without lawful excuse to attend any hearing or to produce material evidence which the person possesses or controls as required by any subpoena. 105.7.7 Inspection of the premises.
The board or the hearing officer may inspect any building or premises involved in the appeal during the course of the hearing, provided that (i) notice of such inspection shall be given to the parties before the inspection is made, (ii) the parties are given an opportunity to be present during the inspection, and (iii) the board or the hearing officer shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn there from. Each party then shall have a right to rebut or explain the matters so stated by the board or Hearing Officer. 105.7.8. Fees.
A fee as adopted by the current fee resolution shall be paid to the bBuilding oOfficial whenever a person requests a hearing or a rehearing before the appeals boards provided for in this sSection. All requests to appeal determinations, orders or actions of the bBuilding oOfficial or to seek modifications of previous orders of the appeals boards shall be presented in writing as outlined above.
SECTION 106 PERMITS
106.4.2 Plans and Specifications.
General:
Within each application for a permit and when required by the Building Official for enforcement of any provisions of the Palmdale codes, plans and specifications shall be submitted in an electronic format approved by the Building Official. If approved prior to submittal by the Building Official two sets of paper plans may be submitted. Additional storage and processing fees may apply as adopted by the current cCity fee resolution.
The Building Official may require plans and specifications to be prepared and designed by an engineer, architect or landscape architect licensed or registered by the sState to practice as such. Submittals shall include construction inspection documents completed by the design professional.
106.4.3 Information on Plans and Specifications.
Building, Residential, and Green code:
Plans and specifications shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of the Codes and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall have the address and street name of the location of the work and the name and address of the owner. The name and contact persons of who prepared the plans if other then the owner shall also be given. Plans shall include a plot plan showing the location of any proposed buildings and of every existing building on the property. In lieu of detailed specifications, the Building Official may approve references on the plans to a specific sSection or part of the codes or other ordinances or laws.
Computations, stress diagrams and other data sufficient to show the correctness of the plans shall be submitted. Plans for buildings more than two stories in height of other than Group U Occupancies shall indicate how required structural and fire-resistive integrity will be maintained where a penetration will be made for electrical, mechanical, plumbing and communication conduits, pipes and similar systems. Where proposed construction will affect site drainage, existing and proposed drainage patterns shall be shown on the plot plan and shall be approved by the City Engineer. The plans shall show all mitigation measures required under the National Pollution Discharge Elimination System (NPDES) permit issued to the City of Palmdale. For the application of NPDES permit requirements as they apply to grading plans and permits, see Chapter 70 of this code.
Electrical Code:
(1) Every plan shall be a type approved by the Building Official. The information contained on the plans shall be drawn in a professional manner, be clearly legible, and contain the information required in sSubsection (2) below. The plans for the electrical wiring in a building shall be of a scale no smaller than one-eighth inch per foot. Reasonable symbols satisfactory to the department shall be used on all plans.
A lighting fixture schedule;
The existing load, as calculated in accordance withpursuant to the Palmdale Electrical Code or by other methods satisfactory to the Building Official shall be indicated for existing installations having alterations or additions made thereto; 106.4.4.1 General.
When sState law or the bBuilding Official requires that documents be prepared by a State of California licensed Designer, the Building Official shall require the owner to designate on the building permit application an architect or engineer who shall act as the architect or engineer of record. If the circumstances require, the owner may designate a substitute architect or engineer of record who shall perform all of the duties required of the original architect or engineer of record. The owner shall notify the Building Official in writing if the architect or engineer of record is changed or is unable to continue to perform the duties. 106.4.4.2 Deferred Submittals.
For the purposes of this sSection, deferred submittals are defined as those portions of the design which are not submitted at the time of the application, and which are to be submitted to the Building Official within a specified period. 106.5.1 Issuance.
Exception
The Building Official shall not issue a permit for temporary or permanent electrical or gas service when there is no apparent legally permitted use for the property and/or no approval has been issued for the use by the Palmdale Planning department. In determining whether a proposed use is legally permitted, the Building Official may consider not just the provisions of the codes but all applicable statutes, ordinances, rules and regulations of the cCity.
The work described conforms to the requirements of other pertinent laws and ordinances of the City of Palmdale.
When the Building Official issues a permit, the Building Official shall endorse in writing or stamp on both sets of plans and specifications “APPROVED.” Such approved plans and specifications shall not be changed, modified or altered without authorization from the Building Official, and all work shall be done in accordance withpursuant to the approved plans. The issuance of a permit shall not be deemed to certify that the site of the described work is safe. The Building Official may issue a permit for the construction of part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of the Palmdale codes. The holder of such permit shall proceed at his or her own risk without assurance that the permit for the entire building or structure will be granted. 106.5.2 Licensed contractor requirements for permit issuance.
Building and mechanical permits may be issued to a bona fide Owner(s) of a property or a licensed California contractor in accordance withpursuant to provisions of California sState law.
REGISTERED MAINTENANCE ELECTRICIAN – A registered maintenance electrician is a person possessing a valid certificate of registration issued by the Building Official. A certificate of registration as maintenance electrician, upon application therefor, may be issued to any person regularly employing one or more electricians for the purpose of installation, alteration or maintenance of electrical wiring or equipment on his own premises. The application for such certificate shall be made in writing by a responsible officer of the firm, and shall designate one or more persons as registrant. A registration fee shall be paid for each maintenance electrician as set forth in this code. All such work shall be installed and done pursuant toin accordance with the provisions of this code, and such work shall be subject to permits, fees, and inspection to the same extent as all other similar work for which such inspection is provided. The firm shall keep a record of all work performed under the maintenance certificate, showing the nature and location of the work, and such records shall be made available to the Building Official. 106.5.4 Expiration.
Every permit issued by the Building Official under the provisions of this PAP shall expire by limitation and become null and void if the building or work authorized by such permit has not passed a foundation inspection or the first phase of inspections if no foundation exists within one year from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned for a period of one year or more at any time after the work is commenced. Before such work can be commenced or recommenced, a new permit shall first be obtained and the fee therefor shall be 25 percent of the amount required for a new permit for such work, provided no codes or plan changes have been made or will be made in the original plans and specifications for such work and provided further that the duration of such failure to commence, or abandonment has not exceeded one and one-half years. Any permittee holding an unexpired permit may apply for an extension of the time within which he may commence work under that permit when he is unable to commence work within the time required by this sSection for good and satisfactory reasons. The Building official may extend the time for action by the permittee for a period not exceeding 365 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. The fee for extension of the permit shall be 25% of the amount of the original fee plus the issuance fee. No permit shall be extended more than once.
2. The total permit fee for a combined building permit for a one and two family dwelling shall be 1.43 times the building permit fee. The total permit for a tenant improvement permit shall be 1.33 times the building permit fee for tenant improvements with a restroom(s) and 1.23 times the fee for those without restroom improvements. (For the purposes of this sSection a tenant improvement is the completion of a shell type of structure with minimal amounts of equipment. Restaurants or industrial type uses would require separate permits for their equipment systems.)
When an application for a building permit is submitted for review, whether or not plans and specifications are required, a fee shall be paid to the Building Official. Said fee shall be equal to 85 percent of the building permit fee as set forth current in the current Fee Resolution. Specific fees shall also be paid for plan check work pursuant toin accordance with the current fee resolution. In addition to the aforementioned fees, the Building Official may require additional charges for review required by changes, additions or revisions of approved plans or reports, and for services beyond the first and second check due to changes, omissions or errors on the part of the applicant. The payment of said fees shall not exempt any person from compliance with other provisions of the codes.
Electrical Plan reviews required.
The fee for each plan check pursuant to sSubsection above shall be equal to seventy percent (70%) of the required permit fee, however, the minimum fee shall be as required in the currently adopted fee resolution.
The plan check fees specified in this sSection are separate fees from the permit fees. 107.3 Standard Plans.
The Building Official may approve a set of plans for a building or structure as a “standard plans,” provided that the applicant has made proper application, submitted complete sets of plans as required by this sSection, and paid the plan checking fee required by sSection 107.2 above.
Plans shall reflect laws and ordinances in effect at the time a permit is issued except as provided herein below in this sSection. Nothing in this sSection shall prohibit modifying the permit set of plans to reflect changes in laws and ordinances, which have become effective since the approval of the standard plan. The standard plans shall become null and void where the work required by such changes exceeds ten percent of the value of the building or structure. When it is desired to use an approved “standard plan” for an identical structure, two plot plans and one duplicate plan shall be submitted and a plan checking fee equal to 70 percent of the full plan checking fee required shall be paid at the time application is made for such identical structure. Such duplicate plans shall be compared, stamped and kept on the project site. In case of deviation from this standard plan, except as permitted in this sSection, complete plans, together with a full plan- checking fee, shall be submitted for the proposed work.
Neither the Housing Authority of the Cityof Palmdale nor any public officer or body acting in an official capacity on behalf of the Housing Authority shall pay or deposit any building fees for buildings owned by the City of Palmdale. This sSection does not apply where a public officer is acting with reference to private assets which have come under such public officer’s jurisdiction by virtue of his or her office.
107.12 Refunds.
In the event that any person shall have obtained a permit and no portion of the work or construction covered by such permit shall have been commenced, and such permit shall have been canceled either as provided for the permittee, upon presentation to said Building Official of a request therefor, in writing shall be entitled to a refund in an amount equal to 80 percent of the fee actually paid for such permit. The Building Official shall satisfy himself or herself as to the right of such applicant to such refund, and each such refund shall be paid, provided a refund request has been submitted prior to one year from expiration of the permit. If inspections have been made and the permit has been cancelled because of an issue beyond the owner’s control, the bBuilding Official may approve a pro-rated amount of the permit fees be applied toward a new permit for the same project.
A letter releasing the funds from the original permittee shall be required before any funds are applied.
107.14 Noncompliance Fee.
If the Building Official or duly authorized board, in the course of enforcing the provisions of this PAP or any Palmdale building code or any sState law, issues an order to a person and that person fails to comply with the order within 15 days following the due date for compliance stated in the order, including any extensions thereof, then the Building official shall have the authority to collect a noncompliance fee. The noncompliance fee shall not be imposed unless the order states that a failure to comply within 15 days after the compliance date specified in the order will result in the fee being imposed. No more than one such fee shall be collected for failure to comply with an order. The amount of the noncompliance fee shall be as adopted in the current fee resolution in addition to the fees specified elsewhere in this PAP.
107.17 Annual Review of Fees.
The Building Official shall review all fees annually in conjunction with the review of the Palmdale Fee resolution. The amount of each fee shall be adjusted as follows: The Director of Finance shall calculate the Consumer Price Index (CPI) pursuant toin accordance with cC ity policy and advise of such increase. The Building Official shall adjust each fee by said percentage amount and round off to the nearest 10 cents. All fees shall be adopted by a fee resolution and implemented by August 1st of the same year, provided, however, that no adjustment shall exceed the reasonable cost of providing services. When it is determined that the amount reasonably necessary to recover the cost of providing services is in excess of this adjustment, the Building Official may present such fee proposals to the City Council for approval with the fee resolution. 107.18.1 General.
The fees established by Section 107 for building permits and for plan checking shall be modified for factory-built housing as set forth in this sSection. 107.18.2 Definition.
For the purpose of this sSection, certain terms are defined as follows:
FACTORY-BUILT HOUSING shall mean structures, which meet all of the following criteria:
1. Fabrication on an off-site location under the inspection of the sState, for which the sState inspection agency has attested to compliance with the applicable sState laws and regulations by the issuance, of an insignia;
2. The bearing of the sState insignia and which have not been modified since fabrication in a manner that would void the sState approval; and for which the City of Palmdale has been relieved by statute of the responsibility for the enforcement of laws and regulations of the State of California.
107.18.4 Plan Checking Fees.
A plan-checking fee shall be paid to the Building Official at the time of submitting plans and specifications for the proposed work. The plan-checking fee shall be 80 percent of the building permit fee established by this sSection.
107.18.5 Plans and Specifications.
With each application, two sets of plans and specifications for the work to be performed at the job site shall be submitted with such other information as may be necessary to determine compliance with local and sState laws and regulations.
2. Utility connection.
Equipment regulated by the PMCPalmdale Mechanical code shall not be connected to the fuel or power supply until authorized by the Building Official.
EXCEPTION: The requirements of this sSection shall not be considered to prohibit the operation of any heating equipment installed to replace existing heating equipment serving an occupied portion of a building, in the event a request for inspection of such heating equipment has been filed with the Building and Safety office not more than 48 hours after such replacement work is completed, and before any portion of such equipment is concealed by any permanent portion of the building.
SECTION 109 – USE AND OCCUPANCY
109.1 General.
No building or structure or portion thereof shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Building Official has approved the building or structure or portion thereof for such use or occupancy as evidenced by the issuance of a certificate of occupancy or a temporary certificate of occupancy. A building of Group R, Division I or Group R, Division-3 Occupancy, if erected on a site where grading has been performed pursuant to a grading permit issued under provisions of this PAP, shall not be occupied, nor shall gas or electric utilities be connected thereto, unless the grading has been completed pursuant toin accordance with all applicable requirements or the Building Official has found, should the grading not be so completed, that the site conditions will pose no hazard to health, safety or welfare of occupants and/or occupants of adjacent properties, and that a temporary certificate of occupancy has been issued. Approval of a building or structure for use or occupancy (including, but not limited to, final inspection approval and/or issuance of a certificate of occupancy or temporary certificate of occupancy) shall not be construed as approval of a violation of the provisions of this PAP or of other laws and regulations. Approvals presuming to give authority to violate or cancel the provisions of this PAP or of other laws or regulations are not valid. The Building Official may, in writing, suspend or revoke any such approvals or certificates whenever the Building Official determines that the approval or certificate was issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this PAP or other laws or regulations. Any certificate of occupancy or temporary certificate of occupancy so issued shall be surrendered upon request of the Building Official. 110.1.1 Buildings requirements.
The placement of the building and other structures (including walls and fences) on the building site shall be such that water or mud flow will not be a hazard to the building or adjacent property. Subject to the conditions of Section 110.1.2, this prohibition shall not apply when provision is made to eliminate such hazard to the satisfaction of the Department of Public Works by providing adequate drainage facilities by protective walls, suitable fill, raising the floor level of the building, a combination of these methods, or by other means. The Department of Public Works, in the application of this sSection, shall enforce, as a minimum, the current Federal Flood Plain Management Regulations defined in Title 44, Code of Federal Regulations, Section 60.3 and all City adopted requirements. 110.1.2 Floodway.
Portions of the City of Palmdale subject to severe flood hazard by reason of inundation, overflow, erosion or deposition of debris are established as floodways by F.E.M.A.
Whenever reference is made to any floodways in such ordinance establishing floodways, it shall be construed to mean a floodway referred to in this sSection. A person shall not perform work for which a building or grading permit is required within the boundaries of an established floodway if such work increases the flood hazard to adjacent properties by either increasing the capital flood water surface elevation, deflecting flows or increasing bank erosion. Such work may be performed within an established floodway and a building or grading permit therefor may be issued, where provisions are made to the satisfaction of the City Engineer to avoid such an increase in the flood hazard. 110.1.3 City Engineer.
The cCity engineer shall act as a consultant to the bBuilding oOfficial in permit matters relating to flood control and flood hazard identification, avoidance and mitigation in all areas defined on maps furnished to the engineer. The cCity engineer shall maintain a series of maps delineating areas subject to flood, mud and debris hazards. The Building Official shall consult with the cCity engineer with respect to work requiring a building or grading permit in the hazard areas delineated on the maps. The cCity engineer shall prepare written reports of its examination of each building or grading permit application for work in the hazard areas as delineated on the maps. The Building Official in acting upon the application shall consider the reports. The actions upon the applications shall be supported in writing.
110.2.1 Building Restrictions.
No building or grading permit shall be issued under the provisions of this sSection when the Building Official or City Engineer finds that property outside the site of the proposed work could be damaged by activation or acceleration of a geologically hazardous condition and such activation or acceleration could be attributed to the proposed work on, or change in use of, the site for which the permit is requested. For the purpose of this sSection, geologically hazardous condition does not include surface displacement due to earthquake faults.
110.2.2 Permits.
Work requiring a building or grading permit is not permitted in an area determined by the Building Official or City Engineer to be subject to hazard from landslide, settlement or slippage. These hazards include those from loose debris, slope wash and the potential for mudflows from natural slopes or graded slopes. For the purpose of this sSection, landslide, settlement or slippage does not include surface displacement due to earthquake faults.
110.2.3. Conditional requirements.
When the applicant has submitted a geological and/or geotechnical engineering report or reports complying with the provisions of Section 111 and containing sufficient data to show to the satisfaction of the cCity engineer that the site appears to be safe for the intended use.
When the work involves the alteration or minor repair of existing structures and the cost of such alteration or repair does not exceed 25 percent of the value of the existing structure, such value to be based on assumed continuation of the established legal use.
Before a permit is issued, the owner shall record in the office of the Department of Registrar-Recorder (1) a statement that the owner is aware that the records of the Building Official indicate that the property is subject to a physical hazard of a geological nature and (2) an agreement relieving the City and all officers and employees thereof of any liability for any damage or loss which may result from issuance of such a permit. This agreement shall provide that it is binding on all successors in interest of the owner and shall continue in effect until the Building Official records in the office of the Department of Registrar-Recorder a statement that the Building Official finds such hazard no longer exists. The repair work shall consist of restoring the original construction. Provision may be made for adjustment of the floor in anticipation of future settlement. For the purposes of this sSection, “alteration” does not include an addition or additions.
Notwithstanding any other provisions of this sSection, the Building Official may, at his or her discretion, deny a permit for any building, structure or grading subject to a hazard of a geological nature which cannot be mitigated and may endanger the health or safety of the occupants, adjoining property or the public.
110.3. Fills Containing Decomposable Material.
Permits shall not be issued for buildings or structures within 1,000 feet (304.8 m) of fills containing rubbish or other decomposable material unless the fill is isolated by approved natural or artificial protective systems or unless designed according to the recommendation contained in a report prepared by a licensed civil engineer. Such report shall contain a description of the investigation, study and recommendation to minimize the possible intrusion, and to prevent the accumulation of explosive concentrations of decomposition gases within or under enclosed portions of such building or structure. At the time of the final inspection, the civil engineer shall furnish a signed statement attesting that the building or structure has been constructed pursuant toin accordance with the civil engineer’s recommendations as to decomposition gases required herein. 110.4 Methane Gas Hazards.
Permits shall not be issued for buildings or structures regulated on or adjacent to or within 25 feet (7620 mm) of active, abandoned or idle oil or gas well(s) unless designed according to recommendations contained in a report prepared by a licensed civil engineer and approved by the Building Official. In addition, permits shall not be issued for a building or structure located between 25 feet (7620 mm) and 200 feet (60,960 mm) from active, abandoned or idle oil or gas well(s) unless designed according to the recommendations contained in a report prepared by a licensed civil engineer and approved by the Building Official or Unless all active, abandoned or idle oil or gas well(s) between 25 feet (7620 mm) and 200 feet (60,960 mm) from said building or structure are examined by a licensed petroleum engineer to evaluate whether, pursuant toin accordance with the current rules and regulations of the Division of Oil and Gas of the State of California, such wells are being properly operated or maintained, or are abandoned. No permits shall be issued until certification of proper operation, maintenance, or abandonment or reabandonment, as determined by the Division of Oil and Gas, is submitted to the Building Official. This requirement is not applicable to active, abandoned or idle oil or gas well(s) located more than 200 feet (60,960 mm) from the proposed buildings or structures. As used in this sSection, “well” shall mean any well as defined by Section 3008, Subdivisions (a) and (b) of the California Public Resources Code.
110.5 Conditional Use.
Work required by this sSection as a condition for the use of the site shall be performed prior to the connection of the utilities or occupancy of the building.
SECTION 112 – EARTHQUAKE FAULT MAPS
Special studies zones maps within the City of Palmdale prepared pursuant to Sections 2622 and 2623 of the California Resources Code which show traces of earthquake faults are hereby incorporated by reference and declared to be, on the date of official issue, a part of this code, and may be referred to elsewhere in this code. Special studies zones maps revised under the above sSections of the California Resources Code shall, on the date of their official issue, supersede previously issued maps that they replace. Copies of each of the above maps shall be available for examination by the public at the Department of Public Works.
SECTION 113 – EARTHQUAKE FAULTS
113.1 General.
The construction of a building or structure near a known active earthquake fault and regulated by this PBC shall be permitted as set forth in this sSection. 113.2 Scope.
The provisions of this sSection shall apply only to permits for buildings or structures on individual lots or parcels and are not intended to be supplementary to geologic investigations required to qualify divisions of land as set forth in the City of Palmdale Subdivision CodesPMC Title 16 Subdivisions.
113.3 Definition.
For the purpose of this sSection, a geologist shall be a registered geologist, licensed by the California State Board of Registration for Geologists and Geophysicists to practice geology in California.
113.4 Known Active Earthquake Faults.
For the purpose of this sSection, known active earthquake faults are those faults, which have had displacement within Holocene time (approximately the last 11,000 years) as defined in the most current issue of Special Publication 42 of the California Division of Mines and Geology.
113.5 Construction Limitations.
No building or structure shall be constructed over or upon the trace of a known active earthquake fault which is shown on maps maintained by the City Engineer. The absence of a known active earthquake fault trace at the proposed building location shall be determined by the cCity engineer or a geologist in the following cases:
In these cases when a geologist has not otherwise made such a determination, the cCity engineer may require the excavation of a trench, as a subsurface exploration for the purpose of determining the absence of a known active earthquake fault. Such a trench will be required if a lack of distinguishable fault features in the vicinity prevents the Building official from determining by a site examination, review of available aerial photographs, or by other means that the fault trace does not underlie the proposed building. The trench shall be approximately perpendicular to the most probable direction of the fault trace, at least 1 1/2 feet (457 mm) wide and at least five feet (1524 mm) in depth measured from natural grade, or to a depth satisfactory to the cCity engineer.
The trench must be accessible for mapping and inspection by the cCity engineer, when requested, and meet the requirements of Title 8 of the California Code of Regulations, Construction Safety Orders. The trench need not extend further than the full width of the proposed structure plus 5 feet (1524 mm) beyond the traversed exterior walls. A known, active earthquake fault shall be presumed nonexistent if an exposure is not found by the Building Official, City Engineer or a geologist in the walls or floor of the trench.
EXCEPTION: The provisions of this sSection do not apply to:
113.6 Maps of Active Faults.
Special Studies Zones. Work within the special studies zones established under Sections 2622 and 2623 of the California Public Resources Code shall comply with sState laws, policies, criteria, rules and regulations applicable to such work. Fees established by Chapter 7.5 of Division 2 of the California Public Resources Code shall be collected and disbursed as required by sState law. In addition to the sState regulations, the provisions of this sSection shall apply when geologic investigations, mapping, aerial photographs, other acceptable data or Special Studies Zones Maps show the location of a known active earthquake fault as defined by Section 113.4.
8.04.201 Adoption of building code.
8.04.202 Copy of Palmdale Building Code maintained by City Clerk.
A copy of the ordinance codified in this cChapter and the California Building Code adopted herein by reference are kept in the office of the City Clerk and maintained for use and examination by the public.
8.04.203 Addition to the definitions in Chapter 7 of the Palmdale Building Code to include the local agency very high fire hazard severity zone maps.
Adopted Local Agency Very High Fire Hazard Severity Zone Maps for the City of Palmdale are the maps approved by the California Department of Forestry and Fire Protection in cooperation with Los Angeles County Fire Department and the City of Palmdale dated July 2008.
8.04.245 Adoption of Chapter 65, Signs.
A new Chapter 65, Signs, is adopted as the sign provisions of the Palmdale Building Code, to read and to be cited as follows:
CHAPTER 65 SIGNS
BUILDING LINE. For the purpose of this cChapter, a “property line” shall also mean a building line whose boundaries are established by a building line ordinance. 6502 – GENERAL REQUIREMENTS
6502.1 Scope.
This cChapter is intended to regulate the construction, erection, alteration, repair and maintenance of all signs and their supports in the City of Palmdale except ground signs extending not more than 6 feet (1829 mm) above grade.
6502.2 Permits.
A building permit as specified in Section 106 shall be required for every sign and sign structure regulated by this cChapter. Where electrical lighting illuminates signs, a separate electrical permit shall be obtained as required by the Electrical Code of the City of Palmdale Code.
6502.6 Materials.
Signs and their supports may be constructed of any material allowed in this cChapter for the classification and location of sign to be erected. Glass used in signs shall be of the size, thickness and type given in Table 65-1 of this cChapter.
EXCEPTION: Surfaces of signs not more than 55 feet (16,764 mm) above grade may be of plastic material, which has a flame-spread rating of 225, or less when tested pursuant toin accordance with.B.C. Standard 8-1 in the way intended for use.
8.04.250 Adoption of Chapter 66, Special Safety Provisions.
A new Chapter 66, Special Safety Provisions, is adopted as the special safety provisions of the Palmdale Building Code, to read and to be cited as follows:
CHAPTER 66 SPECIAL SAFETY PROVISIONS
6601.1 Structures Regulated.
The provisions of this cChapter are intended to regulate structures that are not otherwise regulated by this code, but that affect or may affect the physical safety of human beings.
This shall include the installation, maintenance and operations of public assembly tents over 90 days, amusement devices, towers, membrane structures not regulated by Chapter 31, Division H, and other structures.
6601.2 Permits.
No person shall erect or construct or proceed with the erection or construction of any amusement device, or other structure regulated by this cChapter without first filing an application and obtaining a permit therefor from the Building Official. A permit shall be required each time said structure is erected or moved. Any person desiring a permit under this cChapter shall, when filing an application, pay the Building Official a fee as set forth in Section 107.
6601.3 Construction Requirements.
Amusement devices, and all structures, equipment or devices regulated by this cChapter, whether specifically mentioned or not, shall be made structurally safe, with due allowance for impact, wear and injury during use. Where not otherwise specifically provided in this code, the construction, installation, maintenance and use of everything regulated by this cChapter r shall provide adequate safety for the loads to which they may be subjected. A current certificate or license from the State of California for the amusement device shall serve as evidence that the device complies with the intent of this sSection unless a visual inspection reveals otherwise.
6601.4 Certificate of Occupancy.
No structure regulated by this cChapter shall be used or occupied unless or until an inspection has been made and a certificate of occupancy has been issued each time said structure is erected or moved.
6601.5 Unsafe Structure or Device.
Whenever any structure or device regulated by this cChapter is being used or occupied contrary to the provisions of this code or in a dangerous or unsafe manner, the Building Official may order such use or occupancy discontinued by notice in writing served on any persons engaged in using or occupying or causing to be used or occupied such structure or device, and all such persons shall forthwith discontinue such use or occupancy until authorized by the Building Official to continue the same. 6602 – AMUSEMENT DEVICES
6602.1 General.
This sSection shall regulate amusement devices or structures. 6602.2 Location on Property.
Location of structures and devices regulated by this sSection shall be such as to provide adequate safety to the occupants of or adequate egress from said structure or device, or adjacent structures or devices, in case of fire or panic. 6602.3 Construction.
All structures or devices regulated by this sSection shall be constructed and maintained as required in Section 6601.
6602.4 Special Safety Measures.
In case of doubt, the Building Official, at any time, may order a structure or device regulated by this cChapter to be tested in his or her presence with loads equal to double the weight of the proposed occupants, loaded either uniformly or eccentrically. When necessary for safety, the Building official may limit the speed of operation of such devices or order sufficient alterations to make them safe.
6602.7 Reinspection.
The Building Official may cause all structures and devices regulated by this sSection to be reinspected, and fees for such inspection shall be paid as required by Section 107. 6603 – REBOUND TUMBLING EQUIPMENT
Rebound tumbling equipment, as used in this cChapter and Section 107, is a fabric bed or surface designed to provide resilience by virtue of its own elasticity or that provided by an elastic or spring suspension system, or by both, within a stable and tested frame that is intended to be used for jumping, bouncing or acrobatic tumbling. 6604 – REBOUND TUMBLING CENTER
Rebound tumbling center, as used in this cChapter, is a place where rebound tumbling equipment is provided and maintained for public use.
6611 – AUTOMOBILE RACING FACILITIES
6611.1 Scope.
Every person or corporation owning or operating oval and other closed track automobile racing facilities shall erect and maintain protective fencing between grandstands or bleacher areas pursuant toin accordance with Section 6611.2. This sSection shall not apply where racing is limited to quarter midget cars, go-carts and similar smaller vehicles. 6611.3 Curves.
For the purpose of this sSection, curves are defined as those portions of the track having a radius of less than 1,000 feet (304.8 m) at the inside edge and shall include a distance of 50 feet (15,240 mm) from each end of the curve.
8.04.255 Adoption of Chapter 67, Security Provisions.
A new Chapter 67, Security Provisions, is adopted as the security provisions of the Palmdale Building Code, to read and be cited as follows:
CHAPTER 67 SECURITY PROVISIONS
6701 – PURPOSE
The purpose of this cChapter is to set forth minimum standards of construction for resistance to unlawful entry.
6702 – SCOPE
The provisions of this cChapter shall apply to enclosed Groups B, F, M, R and S occupancies and enclosed private garages.
6703 – LIMITATIONS
No provision of this cChapter shall require or be construed to require devices on exit doors or on sleeping room emergency exits contrary to the requirements specified in Chapter 10 and Section 310.4.
6704 – ALTERNATE SECURITY PROVISIONS
The provisions of this cChapter are not intended to prevent the use of any device or method of construction not specifically prescribed by this code when such alternate provides equivalent security based on a recommendation of the county sheriff or the City Public Safety Office.
6705 – DEFINITIONS
For the purpose of this cChapter, certain terms are defined as follows:
CYLINDER GUARD is a protective metal device of hardened steel, or with a hardened steel
6706.5 Identification.
Sliding glass door assemblages subject to the provisions of this sSection shall bear a label or other approved means of identification indicating compliance with these tests.
The label shall be a type authorized through a recognized testing agency that provides periodic follow-up inspection service.
6707.5 Identification.
Sliding glass window assemblages subject to the provisions of this sSection shall bear a label or other approved means of identification indicating compliance with these tests.
The label shall be a type authorized through a recognized testing agency, which provides periodic follow up inspection service.
6715.3
Other operable windows shall be provided with substantial locking devices, which render the building as secure as the devices required by this sSection. In Groups B, F, M and S occupancies, such devices shall be a glide bar, bolt, cross bar, and/or padlock with hardened steel shackle.
8.04.260 Adoption of Chapter 68, Relocation Permits Provisions.
A new Chapter 68, Relocation Permit Provisions, is adopted as the relocation permit provisions of the Palmdale Building Code, to read and to be cited as follows:
6803 – APPLICATIONS
Every application to the Building Official for a relocation building permit shall be in writing on a form furnished by the Building Official and shall set forth such information as the Building Official may reasonably require in order to carry out the purpose of this cChapter. 6806 – PERMIT FEES
Relocation building permit fees for repairs or alterations to relocated buildings shall be required pursuant toin accordance with Section 107 of this code. 6808 – PROHIBITED BUILDINGS
Except as otherwise provided in this cChapter, the Building Official shall not issue relocation buildings permit for any building or structure which:
property and improvements, in the district, as limited herein, to which it is to be relocated. 6810 – UNFINISHED RELOCATED BUILDINGS OR STRUCTURES
Where the work required to be done pursuant to the terms and conditions of a relocation- building permit has not been performed within the period of time allowed by such permit, or within the extension of time granted thereto in writing by the Building Official, the building or structure shall be deemed and is hereby found to be substandard. The nuisance shall be abated pursuant toin accordance with provisions of the Housing or Abatement of Dangerous Buildings or cCity nuisance abatement codes as appropriate.
8.04.270 Adoption of Chapter 98, Unoccupied Buildings and Structures.
A new Chapter 98, Unoccupied Buildings and Structures, is adopted as the unoccupied buildings and structures provisions of the Palmdale Building Code, to read and to be cited as follows:
CHAPTER 98 UNOCCUPIED BUILDINGS AND STRUCTURES
9802 – CONTENTS OF NOTICE
9802.1
They must forthwith secure or close the building or structure to prevent unauthorized persons from gaining access thereto pursuant toin accordance with the current FHA or VA standards for securing buildings:
9802.2
If, in their opinion, the building or structure is sufficiently secure and closed or if, for any other reason, they cannot be required to comply with Section 9802.1, within 10 days after receipt of the notice, they may request a hearing by filing with, or mailing to, the Building Official a demand for such hearing pursuant toin accordance with the appeal provisions of this code.
9805 – SERVICE
Proper service of any notice required by this cChapter shall be by personal service or by first class mail upon the record owner, any lien holder and any person having control of such building or structures. In the event the Building official is unable to serve any notice on any person as specified above, proper service on such person shall be by posting the notice in a conspicuous place on the building or structure.
The failure of any owner or other person to receive a notice shall not affect in any manner the validity of any proceedings under this cChapter.
9808 – PROCEDURE
Except as inconsistent with any other provisions of this cChapter, all procedures taken by the Board of Appeals of Housing Code and Code for the Abatement of Dangerous Buildings, as appropriate and the cCity shall be as provided in this code. 9812 – BUILDING OFFICIAL
Nothing in this cChapter shall be deemed to preclude, prohibit or restrict the Building Official from securing the prompt demolition or repair of buildings found to be substandard or unsafe under other provisions of the code.
9814 – HEARING AS TO NECESSITY AND COST
The provisions of this cChapter that provide for hearings shall apply to any person having any right, title or interest in any building secured pursuant to Section 9813. Such person may request a hearing as to the necessity and reasonable cost of the work performed pursuant to Section 9813 within 10 days after the building is secured or within 10 days after receiving notice of such work.
8.04.330 Copy of electrical code maintained by City Clerk.
A copy of the ordinance codified in this cChapter and the California Electrical Code adopted herein by reference shall be kept in the office of the City Clerk and maintained for use and examination by the public.
8.04.340 Adoption of Palmdale Electrical Code Chapter 1, Administrative Provisions.
See PMC Section 8.04.200, (Adoption of administrative provisions for the Palmdale Building Code, Plumbing Code, Mechanical Code, Electrical Code, Residential Code and Green Building Code).
8.04.410 Definitions.
Whenever any of the following names or terms are used in the Palmdale Fire Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this sSection as follows:
8.04.430 Fireworks – Safe and sane fireworks permitted.
A new Section 3308.2 is hereby added and incorporated into the Palmdale Fire Code to read as follows:
3308.2. Safe and Sane Fireworks Permitted.
A. Notwithstanding any other provision of the Palmdale Fire Code, “safe and sane” fireworks as defined by Section 12529 of the California Health and Safety Code may be sold and discharged within the City (except those areas of the City excluded in sSubsection (C) of this sSection) during the period beginning at 12:00 noon on the twenty- eighth day of June and ending at 12:00 noon on the fifth day of July of each year pursuant to the provisions of this cChapter and not otherwise.
B. No “safe and sane” fireworks may be sold or discharged on any date or time other than those specified in sSubsection (A) of this sSection.
C. No “safe and sane” fireworks, nor any other fireworks, may be sold or discharged in the areas of the City designated as a Very High Fire hazard Severity Zone by PMC Section 8.04.203 (Addition to the definitions in Chapter 7 of the Palmdale Building Code to include the local agency very high fire hazard severity zone maps) or in the “No Fireworks Zone.”
8.04.440 Fireworks – Dangerous prohibited.
A new Section 3308.3 is hereby added and incorporated into the Palmdale Fire Code to read as follows:
3308.3. Dangerous Fireworks Prohibited.
Except pursuant to a license or permit issued by the Fire Marshall, it shall be unlawful for any person to possess, store, manufacture, transport, give, hold for others, offer for sale, expose for sale, sell at retail or wholesale, or use, discharge or explode, within the City, any fireworks which are classified as dangerous fireworks, as that term is defined by the Health and Safety Code of the sState of California. Safe and sane fireworks shall include only those fireworks that have been classified and registered as “safe and sane” by the State Fire Marshal.
8.04.450 Fireworks – Permit – Required.
A new Section 3308.4 is hereby added and incorporated into the Palmdale Fire Code to read as follows:
3308.4. Fireworks Permit Required.
No person shall sell fireworks within the City without first having applied for and received a permit from the office of the State Fire Marshal. Additionally, no person shall sell fireworks within the City without first having applied for and received a permit therefor in compliance with the terms of this cChapter.
8.04.460 Fireworks – Permit – Application – Procedure.
A new Section 3308.5 is hereby added and incorporated into the Palmdale Fire Code to read as follows:
3308.5. Fireworks Permit – Application – Procedure.
(A) Applications for a permit:
(2) Shall be filed with the Director of Economic and Community Development or designee based upon the following procedure and shall be approved in the order in which they are received; provided, that there are spaces available as specified in PMC Subsection
8.04.500(E) (Fireworks – Stand – Operation):
(3) Shall set forth the proposed location of any and all fireworks stands pursuant toin accordance with the provisions of PMC Section 17.27.030 (Permits Required for Temporary Uses) Chapter 2, Article 27, Section 27.03B.1(e) of the Palmdale zoning ordinance;
8.04.480 Fireworks – Permit – Deposits.
A new Section 3308.7 is hereby added and incorporated into the Palmdale Fire Code to read as follows:
3308.7. Fireworks Permit – Deposits.
Upon receipt of written application for a permit pursuant to this cChapter the City Manager shall cause an investigation to be made and submit to the City Council a report of findings and recommendations for or against the issuance of the permit, together with reasons therefor. After receipt of the recommendations and report, the City Council shall have the power in its discretion to grant or deny the application. Any permit granted by the City Council may be subject to such reasonable conditions and restrictions as may be imposed by the City Council, and such conditions and restrictions shall be complied with by the permittee. The Council shall require a cash deposit with the City Clerk in the sum of $200.00 for each fireworks stand to be used by applicant, as a condition of granting a permit. One hundred dollars of the deposit shall be refunded to the permittee upon compliance with PMC Sections 8.04.500 (Fireworks – Stand – Operation) and 8.04.510 (Fireworks – Stand – Construction), but the deposit shall be forfeited and retained by the City in the event of noncompliance with PMC Sections 8.04.500 (Fireworks – Stand – Operation) and 8.04.510 (Fireworks – Stand – Construction). The other $100.00 shall be retained by the City as a license fee for the business and no other business license shall be required of the applicant for conducting the business. The amount of the fees set forth in this sSection shall be paid, unless the City Council subsequently adopts a resolution setting forth different fees, in which event the fees provided for in said resolution shall be paid.
8.04.510 Fireworks – Stand – Construction.
A new Section 3308.10 is hereby added and incorporated into the Palmdale Fire Code to read as follows:
3308.10. Fireworks Stand – Construction.
(B) If, in the judgment of the Fire Department Inspector, the construction of the stands or the conduct of the operators therein do not conform to the provisions of this cChapter, the officer may order the stands immediately closed.
8.04.520 Responsibility.
A new Section 3308.11 is hereby added and incorporated into the Palmdale Fire Code to read as follows:
3308.11. Responsibility.
(A) All persons concerned in the commission of any violation of the provisions of this cChapter, whether it be misdemeanor, infraction or administrative violation subject to administrative penalties, and whether they directly commit the act constituting the offense, or aid and abet in its commission, or, being present, are spectators and encourage its commission, or, not being present, have advised and encouraged its commission, or knowingly allow its commission on property owned by such person, and all persons counseling, advising, or encouraging children under the age of 16 years, or mentally impaired persons, to commit any offense, or who, by fraud, contrivance, or force, occasion the drunkenness of another for the purpose of causing him to commit any offense, or who, by threats, menaces, command, or coercion, compel another to commit any offense, are principals in any offense so committed and are guilty of and responsible for any offense so committed.
(B) Any person who personally or through another wilfully, negligently or in violation of law sets a fire, allows a fire to be set, or allows a fire kindled or attended by such person to escape from his or her control, allows any hazardous material to be handled, stored or transported in a manner not pursuant toin accordance with nationally recognized standards, allows any hazardous material to escape from his or her control, neglects to properly comply with any written notice of the chief, or wilfully or negligently allows the continuation of a violation of the Palmdale Fire Code and amendments thereto is liable for the expense of fighting the fire or for the expenses incurred during a hazardous materials incident, and such expense shall be a charge against that person. Such charge shall constitute a debt of such person and is collectible by the public agency incurring such expense in the same manner as in the case of an obligation under a contract, expressed or implied.
8.04.530 Violations and penalties.
A new Section 3308.12 is hereby added and incorporated into the Palmdale Fire Code to read as follows:
3308.12. Violations and Penalties.
(B) Every violation determined to be an infraction hereunder is punishable in such manner and to such extent as is provided by PMC Chapter 1.12 (Penalty Provisions)PMC. (C) For the purposes of this sSection, a forfeiture of bail shall be equivalent to a conviction.
8.04.555 Amendment to Appendix B, Fire Flow Requirements for Buildings.* Section B105.4, Land Subdivision Projects, is amended to read as follows:
For the subdivision of undeveloped land, due to the undetermined building size and type of construction, the required fire-flow shall be 4,000 gallons per minute (18927 L/min) for duration of four hours with public hydrant spacing of 300 feet. The required fire-flow for the subdivision of land consisting of lots having existing structures shall be pursuant toin accordance with Table B105.1 for fire-flow and duration. * Code reviser’s note: Ordinance 1410 adds this sSection as PMC Section 8.04.550 (Amendments to Chapter 49, Requirements for Wildland-Urban Interface, of the Palmdale Fire Code). It has been editorially renumbered to avoid duplication of numbering.
8.04.610 Copy of plumbing code maintained by City Clerk.
A copy of the ordinance codified in this cChapter and the California Plumbing Code adopted herein by reference shall be kept in the office of the City Clerk and maintained for use and examination by the public.
8.04.630 Adoption of Palmdale Plumbing Code Chapter 1, Administrative Provisions.
See PMC Section 8.04.200 (Adoption of administrative provisions for the Palmdale Building Code, Plumbing Code, Mechanical Code, Electrical Code, Residential Code and Green Building Code)
8.04.710 Copy of mechanical code maintained by City Clerk.
A copy of the ordinance codified in this cChapter and the California Mechanical Code adopted herein by reference shall be kept in the office of the City Clerk and maintained for use and examination by the public.
8.04.730 Adoption of the Palmdale Mechanical Code Chapter 1, Administrative Provisions.
See PMC Section 8.04.200 (Adoption of administrative provisions for the Palmdale Building Code, Plumbing Code, Mechanical Code, Electrical Code, Residential Code and Green Building Code).
8.04.751 Copy of residential code maintained by City Clerk.
A copy of the ordinance codified in this cChapter and the California Residential Code adopted herein by reference shall be kept in the office of the City Clerk and maintained for use and examination by the public.
8.04.752 Adoption of the Palmdale Residential Code Chapter 1, Administrative Provisions.
See PMC Section 8.04.200 (Adoption of administrative provisions for the Palmdale Building Code, Plumbing Code, Mechanical Code, Electrical Code, Residential Code and Green Building Code).
8.04.776 Copy of green code maintained by City Clerk.
A copy of the ordinance codified in this cChapter and the California Green Code adopted herein by reference shall be kept in the office of the City Clerk and maintained for use and examination by the public.
8.04.777 Adoption of the Palmdale Green Code Chapter 1, Administrative Provisions.
See PMC Section 8.04.200 (Adoption of administrative provisions for the Palmdale Building Code, Plumbing Code, Mechanical Code, Electrical Code, Residential Code and Green Building Code).
8.04.820 Violations and penalties.
Any person, firm or corporation violating any of the provisions of this code shall be guilty of a misdemeanor, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued or permitted. Upon conviction of any such violation, such person shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both such fine and imprisonment. The provisions of this sSection are in addition to and independent of any other sanctions, penalties or costs which are or may be imposed for a violation of any of the provisions of this code.
8.04.920 Violations and penalties.
Any person, firm or corporation violating any of the provisions of this code shall be guilty of a misdemeanor, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued or permitted. Upon conviction of any such violation such person shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both such fine and imprisonment. The provisions of this sSection are in addition to and independent of any other sanctions, penalties or costs which are or may be imposed for a violation of any of the provisions of this code.
8.04.940 Definitions amended.
(B) “Repair and demolition fund” means the cCity’s general fund.
8.05.050 Severability of unreasonable restrictions.
8.05.010 Purpose.
The purpose of this cChapter is to comply with Government Code Section 65850.5 and Civil Code Section 714 and to promote and encourage the use of solar energy systems by creating an expedited, streamlined permitting process for residential rooftop solar energy systems while promoting public health and safety and preventing specific adverse impacts in the installation and use of such systems. Palmdale’s unique climactic and topographical conditions create a snow load greater than that normally found in California and, as such, the City of Palmdale is authorized to modify the standards found in the California Solar Permitting Guidebook.
8.05.020 Definitions.
For purposes of this cChapter, the following words shall have the same definitions as set forth in Government Code Section 65850.5 or Civil Code Section 714, as applicable, as they may be amended from time to time. As of the effective date of the ordinance codified in this cChapter, the following words and phrases are defined as follows:
(A) “Significantly” has the following meanings: For solar domestic water heating systems or solar swimming pool heating systems that comply with sState and fFederal l law, “significantly” means an amount exceeding 10 percent of the cost of the system, but in no case more than $1,000, or decreasing the efficiency of the solar energy system by an amount exceeding 10 percent, as originally specified and proposed. For photovoltaic systems that comply with sState and fFederal law, “significantly” means an amount not to exceed $1,000 over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10 percent as originally specified and proposed.
(B) “Small residential rooftop solar energy system” means all of the following: (1) a solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal; (2) a solar energy system that conforms to all applicable sState fire, structural, electrical, and other building codes as adopted or amended by the City, County, or City and County and Section 714(c)(3) of the Civil Code; (3) a solar energy system that is installed on a duplex or single-family dwelling; and (4) a solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.
8.05.030 Expedited permitting process.
(C) Checklist Contents. The checklist and procedures may refer to the recommendations contained in the most current version of the California Solar Permitting Guidebook and adopted by the Governor’s Office of Planning and Research. Such checklist must ensure that all requirements of this cChapter are met, including the following:
8.05.040 Permit application processing.
(C) Electronic Submission Permitted. Permit applications covered by this cChapter and associated supporting documentation may be submitted via email to the Building Official, but such documentation shall only be considered received on the date the Building Official personally responds via email that the documents were received. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant. (D) Appeal. The Building Official’s determination may be appealed to the Planning Commission. Such appeal shall be governed by the procedures of Division 2 (Review Procedures) of PMC Title 17 (Zoning), except that the determination of the Planning Commission shall be final and cannot be appealed to the City Council. After conducting the public hearing, the review ing body authority shall issue its determination in writing, based upon substantial evidence in the record.
8.05.050 Severability of unreasonable restrictions.
Notwithstanding any other provision of this code to the contrary, if, upon request of an applicant pursuant to this sSection, the Building Official determines that any sSection of this cChapter, or any method, condition or mitigation established pursuant to this cChapter, establishes a standard which “significantly” increases the cost of the system (see PMC Subsection 8.05.020(A)) or significantly decreases its efficiency or specified performance, or that disallows an alternative system of comparable cost, efficiency, and energy conservation benefits, then such requirement shall not be enforced by the Building Official. In such event, the Building Official will notify the Director of Economic and Community Development in writing that the official is waiving the requirement, and the reason the requirement should be waived.
8.08.010 Title.
This cChapter shall be known as and may be cited as the “general hazards ordinance.”
8.08.020 Purpose.
The purpose of this cChapter is to provide minimum standards to safeguard life, limb, safety, and public welfare by requiring protection from hazardous bodies of water, wells and other defined excavations and abandoned chests not presently covered by statutes of the sState.
8.08.030 Deputies.
Whenever, by the provisions of this cChapter, a power is granted to a public officer or a duty imposed upon the officer, the power may be exercised or duty performed by a deputy of the officer or by a person authorized pursuant to law by the officer, unless it is expressly otherwise provided.
8.08.040 Reference to ordinance or statute.
Whenever any reference is made to any portion of this cChapter, or of any other ordinance, or to any statute, the reference shall apply to all amendments and additions thereto now or hereafter made.
8.08.050 Exceptions.
Should any exception to the provisions of this cChapter be held invalid or should any provisions of this chapter be held invalid because of any exception, the exception shall be eliminated from the cChapter. The Board declares that it intends this cChapter to apply to every excavation which by reason of constitutional limitations cannot be excepted from the provisions of this cChapter and to every excavation the exception of which would invalidate this cChapter or any portion thereof.
8.08.070 Penalty for violation.
Violation of this cChapter is a misdemeanor punishable by a fine of not more than $500.00 or by imprisonment in the County Jail for not more than six months or by both such fine and imprisonment. Each day during any portion of which any violation of any provision of this cChapter is committed, continued or permitted constitutes the violation a separate offense.
8.08.080 Generally.
Unless the provision or the context otherwise requires, the definitions in this article shall govern the construction of this cChapter.
8.08.090 Article.
“Article” means an article of this cChapter unless some other ordinance or statute is mentioned.
8.08.160 Person.
“Person” means any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, or any other group or combination acting as a unit.
8.08.170 Section.
“Section” means a sSection of this cChapter unless some other ordinance or statute is specifically mentioned
8.08.250 Alternate construction.
If the City Engineer finds that any other type of construction has resulted in, or will result in, a fence or wall in all respects the equivalent in protection, strength and durability to a fence constructed as provided in PMC Section 8.08.230 (Fences), the alternate type of construction may be used.
8.08.280 City protection.
Whenever any person fails or refuses to perform any act required by this article, the City may itself cap, cover or fill the well, or the City may follow the procedure provided for in Article VIII of this cChapter.
8.08.320 Signs – New pools.
Every contractor or other person, firm, copartnership, association or corporation constructing any private swimming pool which is subject to the provisions of PMC Section
8.08.310 (Signs – Required) shall, upon completion of the swimming pool, erect a sign or poster which in all respects complies with the requirements of PMC Section 8.08.310 (Signs – Required).
8.08.340 Wood fences.
Wood fences shall have posts not less than three inches by three inches, spaced not over 10 feet on centers, and embedded at least 18 inches into the ground. Posts, other than redwood, shall be treated with a preservative. Fencing shall be at least one-half inch in thickness and fastened securely to at least two rails not less than two inches by three inches in cross- sSection.
8.08.370 Alternate construction.
If the City Engineer finds that any other type of construction has resulted in, or will result in, a fence in all respects the equivalent in strength and durability to a fence constructed as provided in PMC Sections 8.08.040 (Reference to ordinance or statute) , 8.08.050 (Exceptions), or 8.08.060 (Interpretation of language), such type of construction may be used.
8.08.420 Penalty for violation.
Any person owning, maintaining, operating or in possession of a pond or pool as defined in this article and who is in violation of this cChapter, is guilty of a misdemeanor and may be arrested and taken immediately before the magistrate by the Sheriff or released after giving his written promise to appear before the magistrate as provided in County Ordinance No. 6723.
8.08.430 Findings.
The Board finds that there are numerous bodies of water, both natural and manmade, throughout the City which are not included within the provisions of Article III, IV or V of this cChapter, yet are a serious hazard to children and others because of their depth, size, vegetable growth therein, nature of soil, and for many other reasons. The Board further finds that these bodies of water are attractive to children and that children will use them for boating, floating and bathing.
8.08.440 Abatement.
Whenever any body of water, whether natural or manmade, or partially natural and partially manmade, is a hazard to children because of its size, depth, vegetable growth therein, nature of soil, or for any other reason, the Board may declare by resolution such body of water to be a public nuisance and abate the hazard as provided in Article 9 (beginning with Section 50230) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code, the provisions of which article are incorporated by reference as a portion of this cChapter.
8.08.480 Exception.
This article does not apply to any refrigerator icebox, or deep freeze locker in current use.
This article does not prohibit or cover any act prohibited by Section 402b of the Penal Code or by any other sState statute.
8.08.500 Protection.
(A) A person owning, having possession of, or in control of, any oil well shall not maintain or allow to exist thereon, any moving parts or machinery in use and/or operable at the oil well, unless the machinery or moving parts are securely enclosed by a fence complying with the provisions of PMC Section 8.08.230 (Fences), 8.08.250 (Alternate construction), or screening or housing sufficient to prevent the entry of unauthorized persons. If a fence is equipped with gates, the gates shall comply with PMC Section 8.08.240 (Gates). A single fence, screen or housing may be used to enclose more than one oil well.
8.08.520 Penalty for violation.
Any person owning, maintaining, operating or in possession of hazardous oil well machinery as defined in this article and who is in violation of this cChapter is guilty of a misdemeanor and may be arrested and taken immediately before the magistrate by the Sheriff or released after giving his written promise to appear before the magistrate as provided in County Ordinance No. 6723.
8.16.010 Definitions.
For the purpose of this cChapter, the following definitions apply:
(A) This cChapter applies to public eating places and food establishments as well as to restaurants as defined in this code and in Section 28522 of the Health and Safety Code. (C) “Employee” means any person working in a restaurant, public eating place or food or beverage establishment or performing any operation covered by the provisions of this cChapter and the Health Code and include beverage handlers, food handlers, waiters and waitresses. Any person serving, delivering or handling any food or beverage within any restaurant, public eating place or food establishment for consideration, wages, remuneration or reward is an employee for the purposes of this cChapter.
8.16.020 Clean outer garments required.
All employees, as defined in this cChapter, while preparing, serving or handling or delivering food or beverage or utensils, shall wear clean, washable outer garments or other clean uniforms as defined in this cChapter.
8.16.040 Relation to statutes.
The provisions of this cChapter are not intended to supersede or replace the terms and provisions of the California Restaurant Act commencing with Section 28520 of the Health and Safety Code. This cChapter has been enacted pursuant to Section 28693 of the Health and Safety Code as an additional and more strict standard pertaining to the outer garments to be worn by employees as therein defined. Except to the extent this cChapter, this code, and the Health Code are more strict than Section 28686 of the Health and Safety Code as well as the terms and provisions of the California Restaurant Act, all of the terms and provisions of the California Restaurant Act and Section 28686 of the Health and Safety Code shall apply.
Chapter 8.20
8.20.110 Notice to sState.
8.20.010 Findings and declarations.
In addition to and pursuant toin accordance with the determination made and the authority granted by the sState under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the City Council makes the following findings and declarations:
The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property not including highways is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare.
Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, on private or public property not including highways, except as expressly permitted in this cChapter, is declared to constitute a public nuisance which may be abated as such pursuant toin accordance with the provisions of this cChapter.
8.20.020 Definitions.
As used in this cChapter:
8.20.030 Exemptions.
(A) This cChapter shall not apply to:
(B) Nothing in this sSection shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this cChapter
8.20.040 Removal from private property.
When the City Council has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this cChapter.
8.20.050 Administrative costs.
The City Council shall from time to time determine and fix an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or parts thereof) under this cChapter.
8.20.060 Abatement – Authorized.
Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property or public property within the City, the City Manager shall have the authority to cause the abatement and removal thereof pursuant toin accordance with the procedures prescribed in this cChapter.
8.20.070 Abatement – Notice.
A 10-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by certified or registered mail to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owners of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine the ownership. The notices of intention shall be in substantially the following forms:
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED,
DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC
NUISANCE
(Name and address of owner of the land)
(Name and address of last registered and/or legal owner of record of vehicle – notice should be given to both if different)
As owner shown on the last equalized assessment roll of the land located at (address), and as the last registered (and/or legal) owner of record of (description of vehicle, make, model, license, etc.,) you are hereby notified that the undersigned pursuant to Palmdale Municipal Code Chapter 8.20 (Abandoned, Wrecked, Dismantled or Inoperative Vehicles) of the Palmdale Municipal Code , the City of Palmdale has determined that there exists upon said land an abandoned, wrecked, dismantled or inoperative vehicle (or parts thereof) registered to ________________, license number ________________, which constitutes a public nuisance pursuant to the provisions of (municipal code chapter number). You and each of you are hereby ordered to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice, and are notified that upon your failure to do so the same will be abated and removed by the City of Palmdale and the costs hereof, together with administrative costs, assessed to each of you.
You may request an administrative hearing to contest this Order and Notice by filing a Request for Hearing with the City Clerk of the City of Palmdale at 38300 Sierra Highway, Palmdale, California 95350, within 10 days after the date of this Notice of Intention to Abate and Remove. If the property or vehicle owner requests a hearing, said owner may appear in person at the hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, explaining the reasons for the denial, in lieu of appearing. The submission of such a sworn statement within the required time shall be considered a request for a hearing that does not require the presence of the owner submitting the statement. Any person who does not file a request for a hearing in the office of the City Clerk within the required time, shall have waived the right to a hearing and admitted that the vehicle or parts thereof do not constitute a public nuisance, agreed that the City has the right to and may abate the nuisance and admitted liability for the abatement costs incurred by the City.
Notice Mailed _______________ (date)
s/ ______________
(locally designated officer)
8.20.090 Abatement – Hearing – Procedure.
(A) All hearings under this cChapter shall be held before the administrative hearing officer appointed by the City Manager, who shall hear all facts and testimony he or she deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property.
(C) The hearing officer may impose conditions and take such other actions as deemed appropriate under the circumstances to carry out the purposes of this cChapter. The hearing officer may delay the time for removal of the vehicle or parts thereof if the circumstances justify it. At the conclusion of the hearing, the hearing officer may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as provided in this cChapter and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available at the site.
8.20.100 Disposal.
Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, or five days from the date of mailing of notice of the decision if the notice is required by PMC Section 8.20.090 (Abatement – Hearing – Procedure), or 15 days after the decision of the hearing officer authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler’s yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable.
8.20.110 Notice to sState.
Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or parts thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates.
8.20.120 Cost assessment.
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to PMC Section 8.20.090 (Abatement – Hearing – Procedure) are not paid within 30 days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other City taxes.
8.20.140 Refusal to remove abandoned vehicle.
It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof or refuse to abate the nuisance when ordered to do so pursuant toin accordance with the abatement provisions of this cChapter or sState law where the sState law is applicable.
8.20.150 Provisions supplemental.
This cChapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by this City, the sState, or any other legal entity or agency having jurisdiction.
8.20.160 Administration.
Except as otherwise provided in this cChapter, the provisions of this cChapter shall be administered and enforced by the City Manager. In the enforcement of this cChapter such officer and his deputies may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle and to remove or cause to be removed any vehicle or parts thereof declared to be a nuisance pursuant to this cChapter.
8.20.170 Penalty for violation.
Upon conviction of a violation of this cChapter any person so convicted shall be subject to a fine of not more than $500.00. Each act in violation of any of the provisions of this cChapter shall be deemed a separate offense.
Chapter 8.24
PARK AND REC
8.24.010 Title.
This cChapter shall be known as, and may be cited as, the “park ordinance.”
8.24.020 Definitions.
(B) “Article” means an article of this cChapter unless some other ordinance or statute is mentioned.
(K) “Section” means a sSection of this cChapter unless some other statute or ordinance is specifically mentioned.
8.24.030 Compliance required.
A person shall not enter, be, or remain in any park unless he complies with all of the regulations set forth in this cChapter applicable to such park, with all rules posted at the park, and with all other applicable laws, ordinances, rules and regulations. The Director shall have the authority to order any person who violates the provisions of this cChapter to leave the premises of, and stay away from, any particular park. The failure to comply with an order to leave or stay away from any park is a separate offense and may be prosecuted as either an infraction or misdemeanor.
8.24.040 Power exercised by deputy.
Whenever a power is granted to, or a duty is imposed upon, the Director or other public officer, the power may be exercised or the duty performed by a deputy of the public officer or other person so authorized pursuant to law, by the Director except as otherwise provided by this cChapter.
8.24.050 Applicability of regulations.
The rules and regulations set forth in this cChapter apply to all parks as defined in PMC Section 8.24.020 (Definitions) except as otherwise expressly stated.
8.24.090 Fireworks.
A person shall not take or transport into any park, or have in his possession therein, or fire or discharge therein, any firecracker, rocket, torpedo, fireworks, or other explosive substance. This sSection shall not apply to a “pyrotechnic operator,” as defined by Health and Safety Code Section 12527, providing a “public display of fireworks,” as defined by Health and Safety Code Section 12524, authorized by the City.
This sSection shall not apply to the temporary transport, storage and sale of safe and sane fireworks as permitted by PMC Section 8.04.430 (Fireworks – Safe and sane fireworks permitted) et seq. if the City Manager or his or her designee has approved the park site for temporary lease for the purpose of fireworks sales. The City Manager may place limitations and requirements on fireworks booths in City parks that he or she deems appropriate for City facilities such as rent, increased insurance, indemnity and other requirements. All other provisions of this code relating to fireworks, including, but not limited to, the application process, permitting requirements, deposits, eligibility, operation, booth construction and related regulations, shall apply.
8.24.110 Fires.
A person shall not light or maintain any fire in any park other than in a stove, fire circle, or area designated for such purpose, except upon written authorization from the Director.
All fires lighted or maintained pursuant to this sSection shall be in compliance with all applicable rules and regulations of the County air pollution control district and any Fire Department having jurisdiction over the respective park areas.
8.24.130 Animals.
A person shall not bring into a park any cattle, horse, mule, goat, sheep, swine, reptile, fowl, or other animal of any kind except as specifically provided in this cChapter or as otherwise permitted by the Director.
8.24.140 Dogs and cats.
(A) Except as provided below, a person may bring and maintain in any outdoor park a dog or cat.
(B) Dogs and cats are prohibited at the following facilities: DryTown Water Park, Palmdale Amphitheater, and Best of the West Softball Complex.
(E) Except as provided in PMC Section 8.24.141 (Dog exercise and recreation areas), all dogs and cats must be kept on a leash or chain, not exceeding six feet in length, at all times while on park property.
8.24.141 Dog exercise and recreation areas.
(A) The Director is authorized to designate individual parks, or portions thereof, as dog exercise and recreation areas. These areas may be referred to as “dog parks” or “authorized off-leash areas.” The Director is authorized to promulgate rules and regulations regarding the nature and use of the dog exercise and recreation areas and shall post such rules and regulations at, or near, each dog exercise and recreation area.
It shall be unlawful to violate any rule or regulation of this cChapter or any rule or regulation posted at, or near, a dog exercise and recreation area. (D) The presence of a dog in a designated dog exercise and recreation area shall constitute implied consent of the person either owning or controlling the dog to the regulations imposed by the PMCPalmdale Municipal Code and the Director. (E) The presence of a dog in a designated dog exercise and recreation area shall constitute a waiver of liability, on behalf of the person owning and controlling the dog, to the City of Palmdale , as well as an agreement and undertaking to protect, indemnify, defend, and hold harmless the City of Palmdale for any injury or damage caused by the dog.
8.24.180 Motor vehicles.
A person shall not bring to, or operate in, any park any motor vehicle except at such times and at such places as permitted by the Director in written regulations or permits issued by him from time to time, and any such operation of a motor vehicle shall be pursuant toin accordance with the conditions contained in the regulation or permit. A person shall not park any motor vehicle in any park except in areas designated by the Director for parking.
8.24.185 Skateboards, roller skates, scooters and bicycles. (A) A person shall not skate, use, ride or otherwise operate a skateboard, roller skates, scooter, or a bicycle, as defined in PMC Section 8.24.020 (Definitions) and 8.32.010 (Definitions), in any park.
(B) Notwithstanding sSubsection (A) of this sSection, a person may skate, use, ride or operate roller skates or a skateboard in a skatepark as set forth in and in compliance with the provisions of PMC Chapter 8.32 (Skateboards, Roller Skates and Bicycles)PMC. (C) Notwithstanding sSubsection (A) of this sSection, a person may use, ride, or otherwise operate a bicycle in a park specifically designated and posted for that purpose by the Director.
(D) Any person who violates this sSection is guilty of an infraction.
8.24.210 Vending.
(A) Vending is allowed in City parks subject to the following regulations:
(1) All sidewalk vendors must comply with the applicable regulations in PMC Section
5.04.590 (Sidewalk vending);
(5) Vending is prohibited in, or within the immediate vicinity of, any park area subject to a rental agreement or during any special event. For purposes of this sSection, “special event” shall mean any cCity event and any community event subject to a special event permit or temporary use permit pursuant to PMC Section 17.26.100 (Temporary Use and Special Event Permits)Chapter 17.27 PMC. This prohibition shall only be effective for the limited duration of the rental agreement or event;
(6) No vending shall be allowed in any pool area. For purposes of this sSection, “pool area” shall mean any pool or water park attraction and any adjacent area circumscribed by a fence or building.
(D) This sSection shall not apply to:
(2) Any persons authorized to vend in City parks pursuant to a special event permit or temporary use permit issued pursuant toin accordance with PMC Section 17.26.100 (Temporary Use and Special Event Permits)Chapter 17.27 PMC.
8.24.240 Hours.
A person shall not enter, be, or remain in any park or in any building in any park between the hours of 10:00 p.m. and 6:00 a.m. except where such person is camping as provided for under PMC Section 8.24.260 (Overnight camping) or as authorized by a written permit issued by the Director. The Director may, from time to time, change the hours of use as stated in this sSection for any individual park by posting the hours at the entrance of the park. All persons shall comply with the changed hours.
8.24.250 Recreational vehicles.
A person shall not bring a recreational vehicle, as defined in PMC Section 15.28.010 (Definitions), into any park not having a designated overnight camping area except when authorized by the Director, City Manager, or the City Manager’s designee.
8.24.260 Overnight camping.
(A) A person shall not camp or sleep overnight in any park except where a family-type camping area is so designated and then only pursuant toin accordance with the rules and regulations governing the use of the area. The Director may issue a permit to any youth group of a character-building nature and to any special interest group
8.24.290 Posted property.
A person shall not operate any motor vehicle on or over any firebreak or any fire protection roads which are posted against public use or operate any motor vehicle on or over any riding or hiking trail, including a riding and hiking trail established under Article 6 of Chapter 1 of Division 5 of the Public Resources Code of the sState.
8.24.291 Indoor City recreation or activity centers.
In addition to all City ordinances, sState and fFederal laws, and any other applicable laws, rules, and regulations, the following applies specifically to the park facilities known as the Hammack Activity
8.24.292 Palmdale Amphitheater.
In addition to all City ordinances,sState and fFederal laws, and any other applicable laws, rules, and regulations, the following apply specifically to the park known as the Palmdale Amphitheater:
8.24.293 DryTown Water Park.
In addition to all City ordinances, sState and fFederal l laws, and any other applicable laws, rules, and regulations, the following apply specifically to the park known as the DryTown Water Park:
8.24.294 Best of the West Softball Complex.
In addition to all City ordinances, sState and fFederal laws, and any other applicable laws, rules, and regulations, the following apply specifically to the park known as the Best of the West Softball Complex:
8.24.300 Personal liability.
A person exercising any of the privileges authorized by this cChapter does so at his own risk without liability on the part of the City, their officers, employees and agents for death or injury to persons or damage to property resulting therefrom.
8.24.310 Enforcement.
The Director shall enforce the provisions of this cChapter.
8.24.320 Penalty for violation.
Any person who, within the incorporated territory of the City, violates any provisions of this cChapter, the conditions of any permit issued pursuant thereto, or any rule or regulation relating to parks, is guilty of a misdemeanor. Upon conviction thereof, he shall be punishable by a fine of not less than $5.00 nor more than $200.00 or by imprisonment in the County Jail for not less than five days nor more than six months, or by both such fine and imprisonment.
8.25.010 Ambulance service authorized.
Pursuant to Section 38794 of the Government Code of the sState, the City is authorized to contract for the furnishing of ambulance services to residents of the City.
8.28.010 Definitions.
As used in this cChapter:
(B) “Section” means a sSection of this cChapter.
(C) Reference to Ordinance or Statute. Whenever any reference is made to this cChapter, or any other ordinance, or to any statute, such reference shall apply to all amendments and additions thereto, now or hereafter made.
8.28.030 Construction noise prohibited in residential zones.
Except as otherwise provided in this cChapter, no person shall perform any construction or repair work on any Sunday, or any other day after 8:00 p.m. or before 6:30 a.m., in any residential zone or within 500 feet of any residence, hotel, motel or recreational vehicle park. For the purposes of this sSection, construction and repair work includes work of any kind upon any building or structure, earth excavating, filling, or moving, and delivery, preparation or operation of construction equipment, materials or supplies where any of the foregoing entails the use of an air compressor, jack hammer, power-driven drill, riveting machine, excavator, semi-truck, diesel power truck, tractor, cement truck, or earth moving equipment, hand hammer, or other machine, tool, device or equipment which makes loud noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness sleeping or residing in the area.
8.28.040 Exceptions.
The provisions of PMC Section 8.28.030 (Construction noise prohibited in residential zones) do not apply to any person who performs the construction, repair, excavation or earth moving work involved pursuant to the express written permission of the City Engineer to perform such work at times prohibited in PMC Section 8.28.030 (Construction noise prohibited in residential zones) . Upon receipt of an application in writing therefor, stating the reasons for the request and the facts upon which such reasons are based, the City Engineer may grant such permission if he finds that:
(B) Hardship, injustice or unreasonable delay would result from the interruption thereof during the hours and days specified in PMC Section 8.28.030 (Construction noise prohibited in residential zones); or
8.28.050 Appeals.
Any person dissatisfied with the decision of the City made pursuant to the provisions of this cChapter may appeal therefrom to the administrative hearing officer appointed pursuant to PMC Chapter 1.20 (Administrative Citations), within 15 days of the date of the decision, by filing with the City Clerk a written notice of appeal, briefly stating in the notice the grounds relied upon for appeal. If the appeal is made within the time prescribed, the City Clerk shall cause the matter to be set for hearing before the administrative hearing officer, to be held within 45 days from the date of receipt of the notice of appeal, giving the appellant not less than five days’ notice in writing of the time and place of hearing. The findings and determinations of the administrative hearing officer at the hearing shall be final and conclusive, and within three days after the findings and determinations are made, the City Clerk shall give notice thereof to the appellant.
In the event no appeal is taken by the permittee, the decision of the City Engineer shall become final and conclusive on the expiration of the time fixed in this sSection for appeal.
8.28.060 Exemptions – Generally.
The provisions of PMC Section 8.28.030 (Construction noise prohibited in residential zones) do not apply to the construction, repair, or excavation during prohibited hours as may be necessary for the preservation of life or property when such necessity arises during such hours as the offices of the City are closed, or where such necessity requires immediate action prior to the time at which it would be possible to obtain a permit pursuant to PMC Section 8.28.040 (Exceptions), if the person doing such construction, repair or excavation obtains a permit therefor within one day after the office of the City Engineer is first opened subsequent to the making of such construction, repair or excavation.
8.28.070 Exemptions for public utilities.
The provisions of PMC Section 8.28.030 (Construction noise prohibited in residential zones) do not apply to the construction, repair, or excavation by a public utility which is subject to the jurisdiction of the Public Utilities Commission as may be necessary for the preservation of life or property and where such necessity makes it necessary to construct, repair, or excavate during the prohibited hours.
8.28.080 Exemptions in nonresidential zones.
Repealed by Ord. 1335.
8.28.090 Violations – Penalties.
Any person violating any provision of this cChapter r is guilty of a misdemeanor punishable by a fine of not more than $500.00 or by imprisonment in the County Jail for not more than six months or by both such fine and imprisonment. Every such person is guilty of a separate offense for every day during any portion of which any violation of any of the provisions of this cChapter is committed, continued, or permitted by such person and shall be punished as provided by this cChapter.
8.32.010 Definitions.
As used in this cChapter, the following terms shall have the following meanings:
8.32.040 Applicability.
The provisions of this cChapter shall not be applicable to any person merely walking a bicycle or carrying a skateboard or roller skates in the areas designated herein, except that any person within the confines of a skate park shall wear a helmet, elbow pads, and knee pads at all times. The provisions of this cChapter shall not be applicable to any Peace Officer who, in the performance of official duties, operates a bicycle upon or over any parking lot, private roadway, street, sidewalk or walkway of any shopping center, or skate park within the City.
8.32.045 Skate parks.
(A) It is unlawful for any person to skate, use, ride or otherwise operate any skateboard at any skate park located on property owned by the City, unless that person is:
(2) Twelve years of age or older, unless accompanied by a responsible adult. “Responsible adult” has the same meaning as in PMC Section 9.25.010 (Definitions). (D) Signs shall be posted at all skate parks affording reasonable notice that:
(2) Any person violating any of the provisions of this sSection is subject to citation under the provisions of this code.
8.32.050 Violations.
Any person violating or failing to comply with any provision, regulation, or requirement of this cChapter shall be deemed guilty of a violation pursuant to PMC Chapter 1.12 (Penalty Provisions)PMC.
8.34.010 Title.
This cChapter shall be known and may be cited as “the ordinance regulating smoking.”
8.34.020 Findings and purpose.
The City Council makes the following findings and statement of purpose with respect to the adoption of the ordinance codified in this cChapter:
(A) Scientific studies conducted by the Surgeon General of the United States and the United States Environmental Protection Agency have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand and sidestream smoke is a significant health hazard to children and teenagers, elderly people, individuals with cardiovascular disease and individuals with impaired respiratory function. (D) The City Council finds and determines that the City is authorized under its police power to implement and enforce this cChapter in order to protect the public health, safety and welfare of its residents and visitors by prohibiting smoking in certain public places and places of employment; to guarantee the rights of nonsmokers to breathe smoke-free air; and to recognize that the need to breathe tobacco smoke-free air has priority over the desire to smoke.
8.34.030 Definitions.
For the purpose of this cChapter certain words and phrases shall be defined as follows:
“Restaurant” means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, including any associated outdoor eating area, and any other eating establishment which gives or offers for sale food to the public, guests or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term “restaurant” shall not include a cocktail lounge or bar as defined in this sSection.
8.34.040 City-owned, leased or operated facilities.
(A) All enclosed facilities which are owned, leased or operated by the City, including vehicles, shall be subject to the provisions of this cChapter. (C) Notwithstanding the provisions of sSubsection (B) of this sSection, smoking shall be prohibited, except in those areas designated as smoking areas, at the following facilities:
(D) The City Manager, or his or her designee, is authorized to establish, and change, the designated smoking area(s) for each facility identified in sSubsection (C) of this sSection.
The City Manager, or his or her designee, shall conspicuously post, or cause to be posted, at every designated smoking area, signs identifying that area as a location where smoking is permitted.
8.34.050 Regulation of smoking in enclosed public places. (A) Smoking shall be prohibited in all enclosed public places located within the City during the time such places are open for use by the general public, including but not limited to the following:
(6) Waiting rooms, hallways, wards and semi-private rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctor’s offices and dentist’s offices, except that such health facilities shall also be subject to the provisions of PMC Section 8.34.060 (Regulation of smoking in places of employment) regulating smoking in places of employment;
(8) Retail food marketing establishments, including grocery stores and supermarkets, except those areas not open to the general public and those areas of such establishments set aside for the serving of food and beverages which are regulated by other sSections of this cChapter;
(10) Any restaurant; provided, that any owner, operator or manager of a restaurant regulated by this cChapter may, by signs, designate no more than 50 percent of the total seating area capacity as a smoking area;
(B) Notwithstanding any other provision of this cChapter, any owner, operator, manager or other person who controls any establishment described in this cChapter may declare the entire establishment as a nonsmoking establishment.
8.34.060 Regulation of smoking in places of employment. (A) All employers shall adopt a written smoking policy and make it available to all current and prospective employees within 90 days of the effective date of this cChapter. This policy shall include the treatment of private offices occupied exclusively by smokers, and shall require the posting of appropriately sized “no smoking” signs where applicable. It shall be the responsibility of employers to provide smoke free areas for nonsmokers within facilities to the extent reasonably possible, but employers are not required to incur any expense to make structural or other physical modifications in providing such areas. The total area designated for nonsmokers and smokers shall be determined by each employer pursuant toin accordance with one of the following methods:
(B) Notwithstanding any other provision of this sSection, every employer shall have the right to designate the entire work place as a nonsmoking establishment.
8.34.070 Places where smoking is not regulated.
(A) Notwithstanding any provisions of this cChapter to the contrary, the following areas shall not be subject to the smoking restrictions of this cChapter:
(B) Notwithstanding any other provision of this sSection, any owner, operator or other person who controls any establishment described in this sSection may declare that entire establishment as a nonsmoking establishment.
8.34.080 Separation of nonsmoking and smoking areas.
(C) The interior design of new construction shall accommodate smoking and nonsmoking areas where required by this cChapter.
8.34.090 Request for modification or exemption.
(A) Any owner, operator or manager of an establishment or other workplace subject to the provisions of this cChapter may request a modification or an exemption from said requirements due to financial hardship, based upon the cost of complying with the provisions of this cChapter.
(B) Said request shall be submitted in writing to the City’s Planning Division epartment and shall be subject to a public hearing before the City’s Hearing Officer. (C) Approval of a modification or exemption request may be granted only upon a finding made by the reviewing authority upon evidence presented by the applicant prior to or at the public hearing that it would be a financial hardship for the applicant to comply with the requirements of this cChapter.
8.34.100 Sign posting requirements.
(A) Every owner, operator or person having control of a building or workplace where smoking is regulated by this cChapter shall conspicuously post or cause to be posted in every such building or workplace “smoking” or “no smoking” signs, as applicable, with individual letters of not less than three inches in height, or with the international no smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it).
(B) Any owner, manager, operator or employee of any establishment regulated by this chapter may inform persons violating this cChapter of the appropriate provisions thereof.
8.34.120 Violations and penalties.
(A) It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this cChapter to fail to comply with any of its provisions.
(B) It is unlawful for any person to smoke in any area where smoking is prohibited by any provision of this cChapter.
(C) Violation of any provision of this cChapter shall be punishable as set forth in PMC Title 1 (General Provisions).
8.34.130 Prohibition of retaliation.
It is unlawful for an employer or other person to discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any rights to a smoke-free environment afforded by this cChapter.
8.34.140 Applicability of other laws.
This cChapter shall not be interpreted or construed to permit smoking where it is otherwise restricted or prohibited by other applicable laws.
8.34.150 Severability.
If any sSection, sSubsection, paragraph, sentence, clause or phrase of this cChapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this cChapter. The City Council declares that it would have adopted this cChapter, and each sSection, sSubsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sSections, sSubsection, phrases or portions be declared invalid or unconstitutional.
8.36.030 Authority.
The definitions set forth in PMC Chapter 1.20 (Administrative Citations) PMC are applicable to this chapter.
8.36.050 Conditions constituting a nuisance.
(C) Nuisances Affecting Structures and Structural Components. Structures or buildings, both permanent and temporary, or other improvements, including, but not limited to, walls, fences, pools, slabs and utility extensions, which exhibit any of the following conditions are deemed to be nuisances:
(15) Any swimming or architectural pools or spas not properly maintained so as to create a safety hazard or harbor insect infestation, or create a visible deteriorated or blighted appearance, including but not limited to: water in such pools or spas which has been allowed to stagnate, or to become stale or foul through lack of circulation; pools in which the bottom and sides of the pool or spa are not reasonably free of sediment, dirt, slime and algae; water not sufficiently clear so that the main drain outlet is clearly visible to an adult standing on the pool deck; a lack of fencing or other barriers required for swimming pool and spa enclosures as required by PMC Chapter 8.08 (General Hazards)PMC, and premises constituting a safety hazard inclusive of, but not limited to, lack of security, water stagnation, or abandoned pools, regardless of whether or not there is water in the pools;
8.36.060 Public nuisance.
Any condition qualifying as a nuisance as defined in PMC Section 8.36.050 (Conditions constituting a nuisance) as well as any violation of this chapter, any other provision of the Palmdale Municipal Code, adopted or uniform codes of the City, or State or Federal law enforceable by the City shall constitute a public nuisance subject to abatement by any means available by law.
8.36.160 Administrative hearing – Procedures.
(C) The person requesting a hearing may appear at the hearing in person or by written declaration executed under penalty of perjury. Said declaration and any documents in support thereof shall be tendered to and received by the office of the City Clerk (or designee) at least three City business days prior to the hearing. If such person fails to attend the scheduled hearing and does not submit a written declaration in a timely manner, he or she shall be deemed to have waived the right to a hearing. In such an instance, the Hearing Officer shall issue an abatement order and judgment in favor of the City. Notice of such final abatement order shall be given in accordance with PMC Section
8.36.130 (Notice and order to abate)(C).
(D) At the hearing, the Hearing Officer shall accept reliable evidence from any person if such evidence bears on the issue of whether violations of law constituting a nuisance as stated in the notice and order to abate exist on the subject property. The Hearing Officer is authorized to take testimony and is authorized to administer oaths or affirmations pursuant to California Code of Civil Procedure Section 2093(a). The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC Section 2.08.090 (Mayor to sign subpoenas).
8.36.160 Administrative hearing – Procedures.
Notwithstanding any other provision of this code, whenever the City Manager, or his or her designee, determines that a nuisance, as defined in this chapter or in any other applicable law, exists, and that such nuisance constitutes an immediate threat, hazard or danger to persons or property, the City Manager, or his or her designee, without observing the procedures set forth in this chapter with reference to nuisance abatement, may forthwith immediately cause the abatement of such nuisance in such manner as the City Manager, or his or her designee, determines is reasonably required. If the City Manager, or his or her designee, deems it feasible, the City Manager, or his or her designee, shall attempt to give the owner and any occupants verbal notice of the existence of the nuisance, and the proposed timing and method of abatement thereof. The City Manager, or his or her designee, shall, forthwith, report such circumstances to the City Council. The City shall notify in writing the owner of the property upon which the nuisance was located, the place or area upon which the nuisance was abated by the City, and the cost of the abatement. Such notification shall be given in the same manner described in PMC Section 1.20.050 (Service of citation) for service of administrative citations and conspicuously posted on the property containing the abated nuisance. The City may recover the costs of abatement as set forth in this chapter. The City may seek a civil abatement warrant through a court of competent jurisdiction.
8.36.200 City expenses – Recovery of costs.
(A) After the abatement of any nuisance authorized under this chapter, any provision of this code, adopted codes, or provisions of State or Federal law that the City may enforce, unless abatement is achieved through court action, in which case, the City may utilize the procedure in this section if it so determines necessary as the case may be, the City shall thereupon serve the owner of the property where the nuisance exists a statement of costs of abatement. Service shall be made pursuant to PMC Section 8.36.100 (Formal notice of substandard property) (C). The costs shall become a debt against the property upon which the nuisance existed, as well as a debt in favor of the City and against each person or entity who permitted, allowed, created, maintained or authorized the creation or maintenance of the nuisance. Payment of the costs of abatement shall be due on the date of the statement of costs, unless timely and properly appealed as provided in this section. (C) Request for Hearing On Reasonableness of Costs of Abatement. (1) The owner of the property where the nuisance exists may contest the reasonableness (3) The timing for the hearing, the notice of the hearing and the procedures of the hearing, shall be conducted as provided in PMC Sections 8.36.150 (Hearing on contest to the notice and order to abate)and 8.36.160 (Administrative hearing – Procedures). However, in those sections where reference is made to the existence of a nuisance, for purposes of this section, the references should be understood as referring to the reasonableness of the costs of abatement.
(4) Based upon the evidence regarding the reasonableness of the costs of abatement, the Hearing Officer shall determine whether the costs of abatement in the statement of the costs of abatement were reasonable. As soon as is practicable following the close of such hearing, and no later than 14 business days following the close of the hearing unless cause exists therefor, the Hearing Officer shall render a written decision on the matter. If the costs of abatement were found to be reasonable or the Hearing Officer found another cost reasonable based on the evidence, the Hearing Officer shall issue an order requiring the payment of the costs of abatement in a reasonable time and manner as set forth in the order and shall also notify the owner that in the event the owner fails reimburse the City within the time prescribed, the City will have the option to ensure reimbursement in accordance with the provisions of PMC Chapter 8.36 (Regulation of Property Maintenance) PMC and other available remedies under the law. The hearing officer shall promptly give written notice to the person requesting the hearing and to the owner(s) and any other interested person who requests, in writing, notice of such decision, including a copy of the order. The order issued by the Hearing Officer shall be deemed a final order and may be judicially reviewed pursuant to California Code of Civil Procedure Section 1094.6.
(5) If the owner fails to reimburse the City after a final order, the City will have the option to ensure reimbursement in accordance with the provisions of PMC Chapter 8.36 (Regulation of Property Maintenance) PMC and other available remedies under the law.
8.36.240 Judicial and other remedies.
(B) Where a civil action is filed, if the court issues an order or a judgment which finds a nuisance to exist, and orders or approves the abatement of the nuisance, or where the court validates the City’s claim for reimbursement for costs of abatement of a nuisance, the court may also award the City its actual and reasonable costs of abatement, including, without limitation, reasonable attorneys’ fees incurred by the City in such judicial proceeding as provided in PMC Section 8.36.210 (Recovery of attorneys’ feed – Prevailing party).
8.38.010 Purpose – Scope.
It is the purpose and intent of the Palmdale City Council, through the adoption of this cChapter, to establish an abandoned or vacant property registration program as a mechanism to protect neighborhoods and commercial areas from becoming blighted through the lack of adequate maintenance and security of abandoned and vacated properties.
8.38.020 Definitions.
For the purposes of this cChapter, certain words and phrases used in this cChapter are defined as follows:
“Beneficiary/trustee” means both the beneficiary and the trustee. When any act is required of the beneficiary/trustee by this cChapter, both are responsible for performing such act and may be charged with a violation of this code for failure to act. However, it is sufficient if it is accomplished by either one. If information is required to be provided,
8.38.030 Registration.
Any beneficiary/trustee, who holds a deed of trust on a property located within the Cityof Palmdale, shall perform an inspection of the property that is the security for the deed of trust, upon default by the trustor, prior to recording a notice of default with the Los Angeles County Recorder’s Office. If the property is found to be vacant or shows evidence of vacancy, it is, by this cChapter, deemed abandoned and the beneficiary/trustee shall, within 10 days of the inspection, register the property with the Planning Director on forms provided by the City.
(F) Any person, firm or corporation required to register a property pursuant to this cChapter must report any change of information contained in the registration within 10 days of the change.
8.38.040 Inspection and registration of previously abandoned properties.
Any beneficiary/trustee who holds a deed of trust on a property located within the City of Palmdale, which property is, on the effective date of the ordinance codified in this cChapter: (1) under a current notice of default; (2) under a current notice of trustee’s sale; (3) pending a tax assessor’s lien sale; (4) that has been subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; and (5) which was transferred under a deed in lieu of foreclosure/sale, shall, on or before June 30, 2008, perform an inspection of the property that is the security for the deed of trust. If the property is found to be vacant or shows evidence of vacancy, it is, by this cChapter, deemed abandoned and the beneficiary/trustee shall, within 10 days of the inspection, register the property with the Planning Director on forms provided by the City.
8.38.050 Maintenance requirements.
Responsible persons, including beneficiaries/trustees, shall maintain properties subject to inspection and/or registration pursuant to this cChapter, as required by PMC Chapter
8.36 (Regulation of Property Maintenance)PMC and any other applicable provisions of fFederal, sState or local law, and shall keep such properties free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except those required by fFederal, sState or local law, discarded personal items including but not limited to furniture, clothing, large and small appliances, or printed material and shall take any other action necessary to (B) Visible front and side yards shall be landscaped and maintained pursuant toin accordance with City requirements and neighborhood standards. (F) Pools and spas shall be kept in working order so the water remains clear and free of pollutants and debris or drained and kept dry. In either case properties with pools and/or spas must comply with the minimum security fencing requirements of the sState of California.
8.38.060 Security requirements.
Responsible persons, including beneficiaries/trustees, shall secure properties subject to inspection and/or registration pursuant to this cChapter, in a manner to prevent access by unauthorized persons, including but not limited to the following: the closure and locking of windows, doors (walk-through, sliding and garage), gates and any other opening of such size that it may allow a child to access the interior of the property and or structure(s).
In the case of broken windows securing means the re-glazing or boarding of the window.
Responsible persons shall do the following:
(A) If the responsible person is a corporation and/or out-of-area beneficiary/trustee/owner, a local property manager shall be hired to perform weekly inspections to verify that the requirements of this cChapter, and any other applicable laws, are being met. (C) The responsible person or local property manager shall inspect the property on a weekly basis to determine if the property is in compliance with the requirements of this cChapter.
8.38.070 Additional authority.
In addition to the enforcement remedies established in PMC Chapters 1.16 (Enforcement), 1.20 (Administrative Citations), 8.10 (Public Nuisances and Abatement Procedures) and 8.36 (Regulation of Property Maintenance) PMC, the Director of Economic and Community Development/designee shall have the authority to require the responsible person of any property affected by this sSection to implement additional maintenance and/or security measures including but not limited to securing any/all door, window or other openings, installing additional security lighting, increasing on-site inspection frequency, employment of an on-site security guard, disconnecting utilities and removing the meter boxes, or other measures as may be reasonably required to arrest the decline of the property and prevent unauthorized entry.
8.38.080 Enforcement.
Violations of this cChapter may be enforced in any combination as allowed in PMC Chapters 1.16 (Enforcement), 1.20 (Administrative Citations), 8.10 (Public Nuisances and Abatement Procedures) and 8.36 (Regulation of Property Maintenance) PMC.
8.38.090 Violation – Penalty.
Violations of this cChapter shall be treated as a strict liability offense regardless of intent.
Any person, firm and/or corporation that violates any portion of this sSection shall be subject to prosecution and/or administrative enforcement as provided in PMC Title 1 (General Provisions) and subject to the penalties set forth therein. It shall constitute a new and separate offense for each and every day during any portion of which a violation of, or failure to comply with, any provision or requirement of this cChapter is committed, continued, or permitted by any person, and such person shall be punished accordingly.
8.40.005 Purpose.
The City Council of the City of Palmdale finds and declares that there exist in the City of Palmdale substandard and unsanitary residential buildings and dwelling units the physical conditions and characteristics of which violate sState housing and technical codes and render them unfit or unsafe for human occupancy and habitation, and which are detrimental to or jeopardize the health, safety, and welfare of their occupants and of the public.
For these reasons, it is hereby declared to be the policy of the City of Palmdale:
(B) That the adoption of this cChapter protects and promotes the health, safety, and welfare of the people of Palmdale.
8.40.010 Scope.
The Comprehensive Residential Rental Unit (CRRU) inspection program shall apply to all properties within the City of Palmdale with residential rental units; except that hotels and motels subject to the transient occupancy tax pursuant to PMC Chapter 3.24 (Transient Occupancy Tax)PMC shall be exempt. All properties subject to this cChapter shall be inspected by the Building Official or his designee for compliance with the City of Palmdale housing and property maintenance standards.
8.40.015 Definitions.
The following definitions shall apply to this cChapter:
“Building Official” means the City Building Official, or his designee, who shall possess all statutorily mandated certifications to enforce sState building and construction codes. “Certificate of compliance” means a certificate issued by the Building Official for residential rental unit properties, certifying compliance with this cChapter and the housing and property maintenance standards of the City of Palmdale. “Frequency upgrade” means modifying the inspection frequency to extend the length of time between re-registration and renewal of certificate of compliance of a residential rental unit.
“Housing and property maintenance standards” means the health, safety, and technical construction codes as amended, adopted and incorporated by reference in PMC Chapters 8.04 (Adoption of Health, Safety and Technical Construction Codes) and 8.08 (General Hazards) PMC and in the property maintenance standards set forth in PMC Chapter 8.36 (Regulation of Property Maintenance) PMC.
8.40.020 Registration required.
All owners of residential rental units shall register each such unit with the Building Official and comply with all the requirements of this cChapter within 60 days of acquiring ownership, or within 60 days of a property being converted to a residential rental unit or being converted to include a residential rental unit. A fee shall not be required to register new construction, which shall not require re-registration for five years unless its certificate of compliance is terminated or otherwise expires.
8.40.030 Inspections.
All rental properties shall be inspected for compliance with City of Palmdale housing and property maintenance standards. The owner shall provide access for inspection within 10 working days of the Building Official’s request. The Building Official in his discretion may require inspections by other City departments and/or Los Angeles County enforcement agencies, including, but not limited to, the County Health Department and Fire Department.
8.40.035 Certificate of compliance.
(A) Owners of all residential rental units shall have obtained and maintain for them a valid and current certificate of compliance. All residential rental units that do not have a certificate of compliance, and their owners, shall be in violation of this cChapter unless all registration requirements have been met by the owner and site inspections have not been completed through no fault or lack of action by the owner. (B) A certificate of compliance shall be issued for all residential rental units upon completion of the following:
(4) The residential rental unit property is posted as follows:
(a) One to four units: a property management posting sign as defined in PMC Section
8.40.015 (Definitions) shall be posted in a prominent outdoor location and in a manner approved by the Building Official.
(C) Issuance of a certificate of compliance shall not constitute a guarantee or warranty of the habitability or complete compliance with the City housing and property maintenance standards, and the occupant of any residential rental unit shall not rely on the certificate of compliance as such a guarantee or warranty. The certificate of compliance shall contain a notice to this effect. The City shall not assume any liability to any person by reason of the inspections required by this cChapter or the issuance of a certificate of compliance. Certificates of compliance shall expire on the expiration date shown on the certificate and shall be renewed prior to such date. The Building Official shall determine the expiration dates of certificates of compliance and inspection frequency based on the nature of violations found during the residential rental unit inspections, the following registration and inspection frequency schedule, in conjunction with his review of past compliance violations within the preceding 12 months.
8.40.050 Complaints and violations.
Upon receipt of a complaint of violations of the housing and property maintenance standards, the Building Official shall inspect the pertinent unit(s) and/or area(s) of the property. All violations shall be corrected and reinspected within the time specified on the notice and order of the Building Official in order to maintain a certificate of compliance for a property. Noncompliance with a notice and order of the Building Official shall automatically terminate the certificate of compliance and render it expired and invalid. All requirements of PMC Sections 8.40.035 (Certificate of compliance) and 8.40.040 (Re- registration and certificate of compliance renewal) shall be maintained during the entire time period of a certificate of compliance by the owner. Noncompliance with these requirements shall automatically terminate the certificate of compliance and render it expired and invalid. If a property does not maintain its PAC certification during a its five- year certificate period, then the certificate will be automatically reduced to a maximum one-year certificate period.
8.40.055 Expired certificate of compliance.
(A) This cChapter is not intended to and shall not be construed to limit in any way the remedies available to the City to prosecute or abate public nuisances or violations of the City’s housing and property maintenance standards. Upon expiration of a certificate of compliance the City may proceed with any remedy permitted by law or equity to abate the violations or prosecute the owner and/or responsible party.
8.40.080 Enforcement and penalties.
(A) Violations of this c cChapter shall be punishable as provided in PMC Title 1 (General Provisions).
(B) Each day that an owner fails to register or allows a residential rental unit which she or he owns to continue unregistered or fails to obtain a certificate of compliance is a separate and distinct offense.
(C) In addition to or in the alternative to the penal sanctions set forth in sSubsection (A) of this sSection, any person violating this cChapter shall be liable for a civil penalty of up to $1,000 for each day the violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action brought in the name of the City of Palmdale by the City Attorney in any court of competent jurisdiction. The City shall also be entitled to the costs of enforcing this cChapter, pursuant to court order. (D) Any person, the owner or the owner’s authorized agent, or other responsible party who violates, disobeys, omits, neglects, or refuses to pay any fee or costs imposed under this cChapter shall be subject to the placement of a lien, plus any penalties and accrued interest, against the real property, or any other procedures set forth in this code or in sState law to recover costs incurred for the abatement of nuisances by cities.
8.41.010 Purpose and intent.
The purpose of this cChapter is to protect the public health, safety, and general welfare by ensuring quick public safety access to properties in times of emergency.
8.41.040 New and existing structures and communities.
(A) All newly constructed structures and communities subject to this cChapter shall have the key access system installed and operational prior to the issuance of an occupancy permit. All structures and communities in existence on the effective date of the ordinance codified in this cChapter and subject to this sSection shall have one year from the effective date of the ordinance codified in this cChapter to have a key access system installed and operational.
(B) The Fire Chief and Sheriff’s Captain shall designate the type of key access system(s) to be implemented within
8.41.050 Penalties.
Any person or entity that owns, manages or operates a structure or community subject to this cChapter in violation of any of the provisions of this cChapter shall be deemed guilty of a misdemeanor and subject the offender to the penalties set forth in PMC Chapter 1.12 (Penalty Provisions)PMC.
8.44.010 Title.
This cChapter shall be known and may be cited as “the Palmdale street tree maintenance ordinance.”
8.44.020 Findings and purpose.
State law requires each property owner to maintain street trees located in a parkway abutting the owner’s property. The City Council finds that the adoption of the ordinance codified in this cChapter will serve the following purposes:
8.44.030 Definitions.
As used in this cChapter, the terms listed below shall have the meaning assigned them:
8.36.160 Administrative hearing – Procedures.
(A) Whenever equipment or food is impounded pursuant to PMC Section 8.46.040 (City inspection to identify immediate public health or safety hazards) (B)(2), the Enforcement Officer shall move the impounded equipment or food to a designated place of storage at the City through the Code Enforcement Division. The City shall maintain a record of the date and manner of coming into possession of the impounded equipment or food, adequate description of the same, and the dates of storage and disposition of the equipment or food.
(B) The impounded equipment or food will be stored and made available for release for a period of 30 days from the date the equipment or food was impounded, after which time, if not claimed, it may be subject to disposition as provided in this chapter or as otherwise provided by law. Upon expiration of that initial 30-day period, the City shall provide one final notice if the responsible party does not seek reclamation pursuant to subsection (B)(1) of this section.
(1) Reclamation. During the 30-day holding period pursuant to subsection (B) of this section, the responsible party may repossess the equipment or food provided he or she presents to the City’s Code Enforcement Division the receipt of impoundment and provides proof of ownership or otherwise provides proof of ownership by, among other methods, describing the location and date when the equipment or food was impounded from public area, and providing reasonably specific and detailed description of the personal property as well as photographic identification, as defined in PMC Section
1.04.100 (Photographic identification) . If ownership cannot be determined to the satisfaction of the Code Enforcement Division, the City may refuse to return the equipment or food until ordered to do so by a court of competent jurisdiction; however, the impounding agency shall continue to hold the equipment or food until such determination is made.
8.46.060 Violations and penalties.
It is unlawful to have any immediate health hazard upon any food facilities within the City and is punishable as set forth in PMC Chapter 1.12 (Penalty Provisions) PMC as a misdemeanor, consistent with Health and Safety Code Section 114395.
8.46.070 Public nuisance declared.
In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this code shall be deemed a public nuisance and may be abated as such by the City Enforcement Officer as provided in PMC Chapter 8.36 (Regulation of Property Maintenance) PMC , irrespective of any other remedy hereinabove provided. Each day such condition continues shall constitute a new and separate offense.
8.46.080 Administrative hearing.
(A) Request for Hearing.
(1) The owner or other responsible person who was issued a notice pursuant to PMC Section 8.46.040 (City inspection to identify imminent health hazards) (C) may contest the Enforcement Officer’s permit suspension by filing a timely and complete request for an administrative hearing on a City-approved form with the Office of the City Clerk, 38300 Sierra Highway, Palmdale, CA 93550, within 15 calendar days from the issuance date of the notice. Failure to file a request for a hearing in the office of the City Clerk within the required period shall have waived the right to a hearing and admitted that the permit suspension was reasonable and justified. In that event, the permit suspension by the Enforcement Officer is final.
8.48 Regulation Of Illegal Dumping.
8.48.010 Purpose and Intent.
The purpose and intent of this Chapter is to protect public and private property from illegal dumping by streamlining and enhancing the tools and remedies available to address and discourage such acts. This Chapter is adopted pursuant to the City’s police powers and California Government Code Sections 38771 through 38773.7, including any successor statutes, for the purpose of defining nuisances and establishing nuisance abatement procedures.
The City Council has determined that the quality of life in the City of Palmdale is impaired by illegal dumping that occurs within its borders on all forms of property. There are designed places for dumping of waste matter, but often, such designated places are not utilized and instead, other parcels of property that when so used, create a host of dangers and other nuisances to the community. These issues range from blight, sanitation hazards, fire hazards, and more.
It is the City Council’s intent through this Chapter to deter illegal dumping and provide a means of abatement of illegal dumping when necessary by City action and related recovery of costs so taxpayers are not burdened by the abatement costs that are the responsibility of others.
8.48.020 Definitions.
As used in this Chapter, the terms listed below shall have the following meaning assigned to them:
(A) “Illegal dumping” means the willful, intentional, or negligent act of throwing, dropping, placing or depositing a bulky item, or any waste matter onto public or private real property that does not have governmental approval for said use.
(B) “Littering” means the willful, intentional, or negligent act of throwing, dropping, placing, depositing, or sweeping, or causing any such acts, of any waste matter on land or water in other than appropriate storage containers or areas designated for such purposes. (C) “Person” means any natural person, firm, partnership, association, corporation, or other entity of any kind or nature.
(D) “Waste Matter” means discarded, used, or leftover substance including, but not limited to, a lighted or nonlighted cigarette, cigar, match, or any flaming or glowing material, or any garbage, trash, refuse, paper, container, packaging, liquid waste or construction material, carcass of a dead animal, any nauseous or offensive matter of any kind, or any object likely to injure any person or create a traffic hazard. (E) “Waste Items” means any discarded, used, broken, abandoned, wrecked, or other waste item that is likely to create a hazard to public health, safety, or welfare, including but not limited to: Broken or discarded furniture, appliances, all forms of electronic waste, boxes and containers, play equipment, toys and similar household articles; Abandoned, inoperative, wrecked or dismantled autos, trucks, trailers, motorcycles, camper boats or other recreational vehicles; Discarded, wrecked or inoperable machinery, auto parts and tools; Salvage materials, scrap metal or other building and construction materials including, but not limited to, liquid waste, dirt, sand, gravel, lumber, concrete, tile, rocks, bricks and other similar materials; and equipment or machinery of any sort (F) The definitions set forth in PMC Chapter 1.20 are also applicable to this Chapter.
8.48.030 Application.
(A) Illegal Dumping on Public Lands.
(1) No person shall cause, permit, or allow the disposal of or dump of any waste matter or waste items of any kind or composition upon any public property, street or alley of the City including trash dumpsters, cans and receptacles, except where public property is provided and set apart by the City for such specific use. (2) No person shall request, hire, or cause another person to dispose of or dump any waste matter or waste items of any kind or composition upon any public property, street or alley of the City including trash dumpsters, cans and receptacles, except where public property is provided and set apart by the City for such specific use. (A) Illegal Dumping on Private Lands.
(1) No person shall cause, permit, or allow the disposal of or dump of any waste matter or waste items in or upon any private property including any portion of the right-of- way thereof, or in or upon any private property into or upon which the public is admitted by easement or by license, or upon any private property without the consent of the property owner.
(2) No person shall request, hire, or cause another person to dispose of or dump any waste matter or waste items in or upon any private property including any portion of the right-of-way thereof, or in or upon any private property into or upon which the public is admitted by easement or by license, or upon any private property without the consent of the property owner.
(B) Lawful Stockpiling or Storage.
(1) This Chapter does not restrict a property owner in the use of his or her own private property for the legal storage or stockpiling of materials (in conformance with any applicable state, County or City permit or code), unless the placing, depositing or dumping of the materials on the property creates a public health and safety hazard, a public nuisance, or a fire hazard, as determined by the Enforcement Officer. (2) This Chapter does not restrict a person from requesting, hiring, or causing another person to lawfully dispose of or dump any waste matter or waste item, unless the placing, depositing or dumping of the materials on the property creates a public health and safety hazard, a public nuisance, or a fire hazard, as determined by the Enforcement Officer. (D) Duty for Proper Disposal.
(1) All persons creating or generating waste matter/items are responsible for ensuring that it is disposed of in the manner provided by law.
(a) This responsibility includes not giving waste matter/items to any person for disposal who is not authorized to legally dispose of such waste matter. (b) A person whose waste matter or items are illegally dumped or a person who partakes in the illegal dumping or disposal are jointly liable for the illegal acts. (E) Strict Liability.
Liability under this Chapter does not turn on or require specific knowledge of the illegal dumping or disposal or intent to conduct illegal dumping or disposal. Only the fact that said illegal dumping or disposal occurs is relevant.
8.48.040 Enforcement.
The Enforcement Officer is authorized to make inspections and take such actions as may be required for enforcement of this Chapter.
8.48.050 Public Nuisance.
Any violation of this Chapter shall constitute a public nuisance subject to all enforcement methods, abatement procedures, other remedies, and cost recovery as prescribed in PMC Chapter 8.36 (Regulation of Property Maintenance). The City may enforce any violation of this Chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.
8.48.060 Penalties.
(A) Violations of any provision of this Chapter shall be punishable as set forth in Palmdale Municipal Code Title 1. Each day that a violation of this Chapter occurs shall constitute a new and separate offense as provided in PMC section 1.12.030 (Continuing violations). (B) For any criminal enforcement of the provisions of this Chapter, the prosecutor or other designated official may seek fines in the amounts set forth in California Penal Code Section 374.3.
(C) The abatement process provided in PMC Chapter 9.47 as it relates to illegal dumping applies to violations of any provision of this Chapter.
9.12.120 Exceptions.
This article does not apply to:
(B) Any act authorized or prohibited by any sState statute.
9.12.170 Exceptions.
This article does not apply to:
(B) Any act authorized or prohibited by any sState statute.
9.13.020 Buildings or places used by criminal street gangs – Nuisance.
Every building or place used by members of a criminal street gang for the purpose of the commission of the offenses listed in PMC Section 9.13.010(B) or any offense involving dangerous or deadly weapons, burglary, or rape, and every building or place wherein or upon which that criminal conduct by gang members takes place is a nuisance which may be punished as set forth in PMC Section 9.13.040(A) as well as enjoined, abated, and prevented, and for which damages may be recovered, whether it is a public or private nuisance, as set forth in PMC Section 9.13.040(B).
9.13.040 Enforcement and penalties.
(A) Criminal Penalty. Violations of this chapter may be punished as set forth in PMC Chapter 1.12 (Penalty Provisions)PMC.
(B) Civil Abatement. The City Attorney, or his designee attorney, or the District Attorney, may bring an action for damages, to enjoin, or both, in the name of the people of the sState of California or of the City of Palmdale, to abate and prevent the nuisance and perpetually to enjoin the person or persons committing the nuisance or maintaining the nuisance, and the owner, lessee, or agent of the building or place in or upon which the nuisance exists from directly or indirectly maintaining or permitting the nuisance. Suit may not be filed until 30-day written notice of the unlawful use or criminal conduct has been provided to the owner, lessee, or their agent. In a civil action for damages brought pursuant to this subsection, the City Attorney, his designee attorney, or District Attorney may use, but is not limited to the use of, the testimony of experts to establish damages suffered by the community or neighborhood injured by the nuisance.
9.13.050 Powers of Law Enforcement Officers not limited.
Nothing in this cChapter shall be construed in any way to limit the power or right of a Law Enforcement Officer to make any investigation, detention, or arrest as such Law Enforcement Officer would be permitted to make in the absence of this cChapter.
9.14.030 Penalty for violation.
Violations of this chapter may be punished as set forth in PMC Chapter 1.12 (Penalty Provisions)PMC.
9.18.010 Noise.
(B) The characteristics and conditions, which may be considered in determining whether such noise violates the provisions of this sSection, shall include, but not be limited to, the following:
(11) Whether the noise is recurrent, intermittent, or constant; and,
9.18.020 Acts constituting disturbing, excessive, loud, offensive noise.
The following activities, among others, are declared to cause disturbing, excessive, loud, or offensive noises in violation of this cChapter and causing or permitting such activities is unlawful; provided, however, that inclusion in this sSection shall not be construed as limiting the type of activities which may be found to cause disturbing, excessive, loud, or offensive noises:
(2) Prima Facie Violations of this Subsection. Any of the following shall constitute evidence of a prima facie violation of this sSubsection; provided, however, that inclusion herein shall not be construed as limiting the activities which may be found to violate this sSection:
(3) Impoundment. Any person who is authorized to enforce any provision of this cChapter and who encounters evidence of a prima facie violation of this sSection is empowered to confiscate and impound as evidence any or all of the components amplifying or transmitting the sound.
(D) Jake Brakes. The use of jake brakes, using compression release engine brakes and any method of using engine compression to slow a vehicle is prohibited in the City of Palmdale and unlawful.
9.18.030 Loud parties.
(B) Loud Parties Prohibited. It shall be unlawful for any responsible person to organize, cause, or permit a loud party.
(1) For the purposes of this sSubsection, “responsible person” means the person who owns the property where the party, gathering or event takes place; the person in charge of the premises; and/or the person who organized the event. If the responsible person is a minor, then the parents or guardians of that minor are also responsible persons whether or not they are present at the party. All responsible persons, as defined herein, are deemed to have caused or permitted the loud party and are responsible for and may be charged with a violation of this cChapter; provided, however, a property owner who is not present at the party or gathering may not be charged with a violation of this chapter unless the absentee owner had knowledge that the party or gathering was occurring, was planned to occur or reasonably should have known the party or gathering would occur.
This exception does not apply to a parent or guardian of a responsible person who is a minor.
(2) Prima Facie Violations of this Subsection. The following shall constitute evidence of a prima facie violation of this sSubsection; provided, however, that inclusion herein shall not be construed as limiting the activities which may be found to violate this sSubsection:
A party, event or gathering where:
(a) Noise emanating from or attributable to that party, event or gathering is audible from a distance of 50 feet from the source of that noise; or (b) Persons present at the party or gathering are acting in a wild, unruly, uncontrollable manner disruptive to neighbors; or
(c) The number of persons present violates the fire code, presenting a fire hazard; or (C) Loud Parties Declared a Public Nuisance. Loud parties as defined in this s Section shall constitute a public nuisance subject to all enforcement methods, abatement procedures, other remedies, and cost recovery as prescribed in PMC Chapter 8.36 (Regulation of Property Maintenance). The City may enforce any violation of this Chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.are hereby declared to be a public nuisance and may be abated as set forth herein or as otherwise provided by law. (D) Authority of Law Enforcement Personnel. Law enforcement personnel are authorized to take all actions and to give all directions and orders that may be necessary to abate the nuisance, violation or condition, including the arrest of, or issuance of citations to, the responsible person or persons, and any others who are in violation of this cChapter or any other sState statute or local ordinance.
9.18.040 Reimbursement for law enforcement costs.
If after issuance of a written reimbursement notice as required by this sSection, law enforcement personnel are required to respond to the property to address another violation of this cChapter within a 30-day period after issuance of said notice, then the responsible person or persons, as defined in this cChapter, shall be jointly and severally liable for all actual costs and expenses incurred by the City during second or subsequent responses.
(A) Written Reimbursement Notice. Law enforcement personnel responding to a loud party shall issue a written reimbursement notice to the responsible person that if within a 30-day period after the initial response law enforcement personnel are again required to respond to the property to address a violation of this cChapter, then the responsible person shall be liable to reimburse the City for all costs and expenses incurred by law enforcement personnel during second or subsequent responses for violations of this cChapter.
(B) Reimbursement of Costs and Expenses. All responsible persons for a party or gathering, which requires a second or subsequent response, as described herein above are jointly and severally liable for the following costs and expenses incurred by the City:
(2) Damage to public property incurred in the course of any second or subsequent response by law enforcement personnel; and,
(C) Collection. The expense of a reimbursable response hereunder shall be charged against the person liable for the expense under this cChapter. The charge constitutes a debt of that person to the City, and is collectible by the City in the same manner as in the case of an obligation under a contract, expressed or implied. (D) Other Penalties Not Precluded. Nothing contained in this sSubsection is intended to preclude the filing of any administrative or criminal charges or the imposition of criminal fines or administrative penalties, or the summary, civil or administrative abatement of any public nuisance under sState or local law, including other sections of this chapter, against any person or persons who may be subject to the reimbursement provisions of this section.
9.18.050 Enforcement and penalties for all provisions of this chapter. (A) This cChapter may be enforced by Peace Officers and by the City of Palmdale employees specified in PMC Title 1 (General Provisions). (B) Violations of this cChapter may be punished as set forth in PMC Title 1 (General Provisions).
(C) As an additional remedy for violations of this cChapter, the operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision of this cChapter, which operation or maintenance causes discomfort or annoyance to reasonable persons of normal sensitiveness, or which endangers the comfort, repose, health, or peace of residents in the area, shall be deemed and is declared to be a public nuisance subject to all enforcement methods, abatement procedures, other remedies, and cost recovery as prescribed in PMC Chapter 8.36 (Regulation of Property Maintenance). The City may enforce any violation of this Chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.which may be abated through summary abatement, administrative abatement, or abatement by a restraining order or injunction issued by a court of competent jurisdiction. (Ord. 1332 § 1, 2007)
9.20.020 Damaging property.
No person shall wilfullywillfully or maliciously break or destroy any window, window sash, door, blind or pane of glass of any occupied or unoccupied house or outhouse in the City or enter any unoccupied house or outhouse and commit any nuisance therein or break, destroy or injure anything therein or any part of the house or outhouse, or any fence, or improvement whatever, or aid, abet or assist anyone to commit such nuisance or injure the property.
9.20.040 Gate crashing.
No person, with intent gratuitously to avail himself of the entertainment or recreation furnished or the privileges conferred therein, shall enter any theater, stadium, athletic club, ball park, golf course, golf club, tennis club, beach club, bathing beach, or other place of amusement, entertainment or recreation, for admission to which an admission fee or membership fee is charged, without first paying the admission fee or membership fee. Any person who is a bona fide guest of a member of any club may enter the club in accordance with the rules thereof. Any person may enter any place which is within the purview of this section with the consent of the owner or manager thereof. This sSection shall not be deemed to apply to the entry into any such place by a Law Enforcement Officer acting within the scope and course of his official duties.
9.24.020 Circumstances.
(A) Is a known unlawful drug user, possessor or seller. For purposes of this cChapter, a “known unlawful drug user, possessor or seller” is a person who has, within the knowledge of the arresting officer, been convicted in any court within this sState of any violation involving the use, possession or sale of any of the substances referred to in Chapters 6 and 6.5 of Division 10 of the California Health and Safety Code, or such person has been convicted of any violation of any of the provisions of said sections or substantially similar laws of any political subdivision of this sState or of any other sState; or a person who displays physical characteristics of drug intoxication or usage; or a person who possesses drug paraphernalia as described in PMC Chapter 9.28 (Offenses by or against minors)PMC;
(I) Is on or in premises that have been reported to law enforcement as a place suspected of unlawful drug activity; and,
9.24.030 Enforcement.
Enforcement of this cChapter shall be pursuant to the policy statement dated December 7, 1992, issued by the Sheriff’s Department, as approved by the City Council and Council Resolution No. 93-3 adopted on January 14, 1993. A copy of said resolution shall be kept on file in the office of the City Clerk.
9.25.010 Definitions.
For purposes of this cChapter, the following definitions shall apply:
9.25.020 Acts prohibited.
(A) It is unlawful for any minor who is subject to compulsory education or to compulsory continuation education to be present in any public place or on the premises of any establishment within the City of Palmdale during school hours. (B) It is unlawful for any parent or guardian of a minor knowingly to permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the City of Palmdale during school hours. (C) It is a defense to prosecution under this sSection when the minor is:
(1) Accompanied by the minor’s parent or guardian, or by a responsible adult; or (2) Involved in an emergency or is on an emergency errand at the direction of the minor’s parent or guardian, or the responsible adult, without any detour or stop; or (3) In a motor vehicle involved in interstate travel; or (4) Going or coming directly to or from his or her place of gainful employment without any detour or stop; or
(5) Going or coming directly to or from a medical appointment without any detour or stop; or
(6) Has permission to leave school campus for lunch or school-related activity and has in his or her possession a valid, school-issued, off-campus permit; or (7) Exercising First Amendment rights protected by the United States Constitution; or, (D) Before taking any enforcement action under this sSection, a Police Officer shall ask the apparent offender’s age and reason for being in the public place or on the premises of the establishment during school hours. The Officer shall not issue a citation or make an arrest under this sSection unless the Officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under sSubsection (C) of this sSection, is present or applicable. (E) Each violation of this sSection shall constitute a separate offense.
9.25.030 Penalty for violation.
A violation of PMC Section 9.25.020 (Acts prohibited) shall be punished pursuant to PMC Chapter 1.12 (Penalty Provisions)PMC.
9.25.040 Arrest powers not limited.
Nothing in this cChapter shall be construed as in any way affecting or limiting the power or right of Law Enforcement Officers to make such investigations, detentions, or arrests as the Law Enforcement Officers would be permitted to make had this chapter not been enacted.
9.28.011 Curfew restrictions.
(A) It is unlawful for any minor to be present in any public place or on the premises of any establishment within the City of Palmdale during curfew hours. (C) It is a defense to prosecution under this sSection that the minor was:
(7) Attending an official school, religious or other recreational activity supervised by adults and sponsored by the City of Palmdale, a civic organization or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the Cityof Palmdale, a civic organization, or another similar entity that takes responsibility for the minor;
(8) Exercising First Amendment rights protected by the United States Constitution; or, (D) Before taking any enforcement action under this sSection, a Police Officer shall ask the apparent offender’s age and reason for being in the public place or on the premises of the establishment during curfew hours. The Officer shall not issue a citation or make an arrest under this sSection unless the Officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under sSubsection (C) of this sSection, is present or applicable. (E) Each violation of this sSection shall constitute a separate offense.
9.28.012 Penalty for violation.
A violation of PMC Section 9.28.011 (Curfew restrictions) shall be punished pursuant to PMC Chapter 1.12 (Penalty Provisions)PMC.
9.28.050 Allowing minors on premises.
No owner, manager, proprietor or other person in charge of any place of business selling or displaying for the purpose of sale any device, contrivance, instrument or paraphernalia for smoking or injecting, or consuming marijuana, hashish, PCP, or any controlled substance, as defined in the Health and Safety Code of the sState (other than prescription drugs and devices to ingest or inject prescription drugs) as well as roach clips, and cigarette papers and rollers designed for the smoking of the foregoing, shall allow or permit any person under the age of 18 years to be, remain in, enter or visit such room unless the minor person is accompanied by one of his or her parents, or by his or her legal guardian.
9.28.080 Violation – Nuisance.
The distribution or possession for the purpose of sale, exhibition, or display in any place of business from which minors are not excluded as set forth in this article, and where devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substance (other than prescription drugs or devices to ingest or inject prescription drugs) including roach clips and cigarette papers and rollers designed and used for smoking the foregoing, is declared to be a public nuisance, and may be abated pursuant to the provisions of Section 731 of the Code of Civil Procedure of the State and is subject to all enforcement methods, abatement procedures, other remedies, and cost recovery as prescribed in PMC Chapter 8.36 (Regulation of Property Maintenance). The City may enforce any violation of this Article by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.pursuant to the of Section 731 of the Code of Civil Procedure of the sState. This remedy is in addition to any other remedy provided by law, including the penalty provisions applicable for violation of the terms and provisions of this aArticle.
9.28.090 Violation – Penalty.
Every person who violates any of the provisions of this aArticle is guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this aArticle is committed, continued, or permitted, and upon conviction is punishable by a fine not exceeding $500.00 or by imprisonment in the County Jail for a period not to exceed six months or by both such fine and imprisonment.
9.28.100 Display of matter harmful to minors.
(A) For the purpose of this sSection, the following terms shall have the following meanings:
(C) The provisions of subsection (B) of this sSection shall not apply to any business which is not open to persons under the age of 18 and which has a sign posted at each door intended for public entrance which shall read:
9.28.120 Penalty for violation.
Every person who violates any provision of this aArticle is guilty of an infraction punishable by a fine of not more than $100.00. Every person who having been twice convicted of any violation of this article is upon each subsequent violation guilty of a misdemeanor punishable by a fine of not more than $500.00, or imprisonment in the County Jail for not more than 30 days, or both; provided, that both of the prior violations occurred within a two-year period of the subsequent violation.
9.30.010 Purpose and intent.
The City Council finds and declares as follows:
(B) Graffiti has also been found to be associated with criminal activity and delinquency. It is also a means of identification and intimidation utilized by gangs and its presence may further gang-related activities. The power of graffiti to create fear within the community and blight upon the landscape, devaluing property and detracting from a sense of community enjoyed by the residents of the City of Palmdale, goes beyond the cost of clean-up or removal. Not only is graffiti a criminal act of vandalism, but it is also a social crime upon the quality of life and freedom from intimidation that citizens desire in their neighborhoods.
(E) It is the purpose and intent of the City Council of Palmdale, through the adoption of this cChapter, to provide enforcement tools to protect public and private property from acts of vandalism and defacement, including the application of graffiti on public and private property, walls, vehicles, and other structures. Such acts are destructive of the rights and values of private property owners as well as the entire community. It is the further intent of the City Council, through the adoption of this chapter, to provide to all of those who disregard the property rights of others, that the City’s Code Enforcement and Public Safety Divisions, the Sheriff’s Department, the District Attorney’s Office, and the City Attorney/Prosecutor’s Office will strictly enforce the law and vigorously prosecute those persons engaging in the defacement of public or private properties.
9.30.020 Definitions.
For the purpose of this cChapter, certain terms used shall be defined as provided in this sSection:
9.30.030 Regulation of sales and purchases of aerosol paint containers and etching solution.
(A) It is unlawful for any person, firm or corporation, except a parent or legal guardian, to sell or give or in any way furnish to another person, who is in fact under the age of 18 years, any aerosol paint container or etching solution without first obtaining bona fide evidence of majority and identity. As used herein, the phrase “bona fide evidence of majority and identity” means any document evidencing the age and identity of any individual which has been issued by a fFederal, sState or local governmental entity, including, but not limited to, the acceptable forms of photographic identification outlined in PMC Section 1.04.100 (Photographic identification).
9.30.040 Regulation of the possession of graffiti implements. (B) It shall be unlawful and a misdemeanor for any person under the age of 18 years to have in his or her possession any instrument described hereinbelow while upon private property without the prior written consent of the owner of such property, or upon a public highway, street, alleyway, park, playground, swimming pool, public building or any area open to the public:
(2) Any spray can tips, other than those affixed to a spray can not meeting the description of subsection (B)(1) of this sSection;
(C) The provisions of this sSection shall not apply to any person under the age of 18 years attending or traveling to or from school, at which time the minor is enrolled, if the minor is participating in a class at said school which has a written requirement of the class for the possession of the implements or instruments described in this sSection. The burden of proof in any prosecution for a violation of this sSection shall be upon the minor student to establish enrollment in a class that requires the possession of the implements or instruments described in this sSection.
9.30.060 Graffiti reward.
(A) Pursuant to California Government Code Section 53069.5, the City does hereby offer a reward in an amount to be established by resolution of the City Council for information leading to the arrest and conviction of any person for a violation committed within the State of California Penal Code Sections 594 or 594.3 (by the use of graffiti), 640, 640.5, 640.6, or PMC Sections 9.30.030 (Regulation of sales and purchases of aerosol paint containers and etching solution) , 9.30.040 (Regulation of the possession of graffiti implements), 9.30.050 (Graffiti prohibited) , or this sSection. In the event of multiple contributors of information regarding a single event or suspect, the reward amount shall be divided by the City in the manner it shall deem appropriate. For the purposes of this sSection, diversion of the offending violator to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction. (B) Claims for rewards under this sSection shall be filed, in writing, with the City Clerk.
Each claim should:
(C) The City Council shall review each claim for reward submitted pursuant to this cChapter and either accept, accept in part, or deny the claim. No claim for a reward shall be accepted by the City Council unless the City investigates and verifies the accuracy of the claim and determines that the requirements of this sSection have been satisfied. The investigation must determine that the claimant’s information was relevant and directly responsible for the arrest and conviction of the suspect. (E) Any person committing graffiti vandalism, and if said person is an unemancipated minor, then the parent or lawful guardian of said minor, shall be civilly liable for any reward paid pursuant to this sSection.
9.30.070 Liability for damages and reimbursement of reward payments. (B) Any person violating the provisions of PMC Section 9.30.050 (Graffiti prohibited) shall pay to the City the amount of any reward paid pursuant to PMC Section 9.30.060 (Graffiti reward), and, if such person is an unemancipated minor, such minor’s parent or guardian shall be liable therefor and shall pay the amount of any such reward to the City. Failure to pay any amount demanded by the City pursuant to this sSubsection within 30 days after written demand therefor shall constitute a violation of the provisions of this sSubsection.
9.30.075 Determination and recovery of costs by probation officer. (A) The Los Angeles County probation officer is hereby authorized to recoup on behalf of the City and to promptly transfer to the City, the City’s graffiti abatement costs through juvenile court proceedings pursuant to the Graffiti Removal and Damage Recovery Program (California Welfare and Institutions Code Sections 742.10 et seq.) and the provisions of this cChapter.
(B) For purposes of this sSection only, “graffiti abatement costs” means:
(1) The average law enforcement costs incurred in identifying and apprehending a person convicted of Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code or a minor subsequently found to be a person described in Section 602 of the Penal Code by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code; and
(2) The average costs incurred in removing graffiti or other inscribed material; and,
9.30.080 Graffiti removal from private property by owner.
It is unlawful for the owner of any privately owned real property to permit graffiti or other unauthorized inscriptions to remain on any building, structure or other facility so as to be capable of being viewed by persons utilizing any public right-of-way in the City, such as a highway, street, road, parkway or alley; provided, that the City Manager, or his designee, has given written notice to the owner to remove the graffiti within a period of three calendar days and such time period has elapsed without remedial action. For the purpose of this sSection, “remedial action” shall mean painting, washing, sandblasting, chemically treating, or otherwise obscuring the graffiti such as to blend the affected area with the surrounding structure or property.
Upon a determination by the City Manager, or his designee, that graffiti or other unauthorized inscriptions are on any privately owned building, structure or other facility and are in view of persons utilizing any public right-of-way, whether a highway, street, road, parkway or alley, the City shall be authorized to undertake the removal of such graffiti. Prior to the removal of such graffiti, the City shall obtain the written consent of the owner, including an appropriate release form and right of entry form authorizing such graffiti removal. The City shall not authorize or undertake to provide for the painting or repair of a more extensive area than that where the graffiti is located. The authority of the City under this section shall be in addition to all other remedies available under the provisions of this code, including those related to the abatement of nuisances pursuant to PMC Chapter 8.36 (Regulation of Property Maintenance) , or any other means authorized by law.
9.30.100 Penalties.
(A) Criminal Penalties. Any violation of this cChapter shall constitute a misdemeanor offense and subject to the penalties set forth in PMC Chapter 1.12 (Penalty Provisions)PMC.
9.32.010 Shooting arrows or missiles.
Except as otherwise provided in this cChapter, no person shall within the incorporated limits of the City shoot any arrow or similar missile and no person, firm or corporation shall cause or permit any arrow or similar missile to be shot at any place within 200 yards of any public highway, private street used by the general public, recreational area, park, riding and hiking trail, dwelling house, camp or place of human habitation, except when the arrow is shot from and at all times remains on or over, and lands upon, private property or portion thereof, when permission has been granted by the property owner.
9.32.020 Air guns and pellet guns.
Except as otherwise provided in this cChapter, it is unlawful in the City for any person to fire, discharge, shoot or operate, or to assist or participate in the firing, discharging, shooting, or for any person under 18 years of age without direct adult supervision to have in his or her possession, care, custody, or control, any spring gun, air gun, sling, slingshot or device designed or intended to discharge, or capable of discharging, any dangerous missile, including but not limited to pellets or BBs.
9.32.030 Discharging firearms.
Except as otherwise provided in this cChapter, no person shall shoot, fire or discharge and no person, firm or corporation shall cause or permit to be shot, fired or discharged within the incorporated boundaries of the City, any rifle, shotgun, revolver, pistol or firearm of any kind.
9.32.050 Target shooting.
The provisions of this cChapter shall not be deemed or construed to prohibit the establishment or maintenance of any pistol, rifle, shotgun or target range, nor to prohibit the discharge of such weapons at any target thereon, by any person using the range.
9.32.060 Penalty for violation.
Every person, firm, or corporation violating any provision of this cChapter is guilty of a misdemeanor punishable by a fine not to exceed $500.00 or by imprisonment in the County Jail for a period not to exceed six months or by both such fine and imprisonment.
9.33.010 Purpose and intent.
This chapter is enacted in view of the following facts and circumstances:
(F) The City Council desires to enact local legislation complementary to and in furtherance of the above-recited sState law in order to accomplish the following:
9.33.020 Definitions.
As used in this cChapter, the following terms and phrases shall be defined as follows:
9.33.040 Unlawful detainer action required.
Unless otherwise excepted under the provisions of this cChapter, every landlord shall give notice as required by law and bring an action within 30 days after the occurrence of any of the following:
(C) Receipt of notification as provided for in PMC Section 9.33.050 (Notification from the City).
9.33.060 Landlord’s compliance following notification.
Every landlord shall in good faith comply with its obligations under this chapter following receipt of the notification provided for in PMC Section 9.33.050 (Notification from the City).
Such good faith compliance may be evidenced by any of the following:
(B) By the landlord bringing an action in unlawful detainer as requested by PMC Section
9.33.040 (Unlawful detainer action required); or,
9.33.070 Action to abate a nuisance.
In addition to any other remedies provided by this cChapter or by applicable sState statutes, the City Attorney may determine that a landlord’s violation of any provisions of PMC Section 9.33.030 (Prohibition) or Section 9.33.040 (Unlawful detainer action required) hereof constitutes a nuisance, and may, pursuant to California Health and Safety Code Section 11571 et seq., commence an action to abate and prevent the nuisance and perpetually to enjoin the person conducting or maintaining it, and the landlord of the rental unit, in or upon which the nuisance exists, from directly or indirectly maintaining or permitting the nuisance.
9.33.080 Construction.
Nothing contained in this cChapter shall be construed or interpreted to create a principal- agent relationship between the City and a landlord.
9.33.090 Violations.
Any person who knowingly or wilfullywillfully violates any provision of this cChapter is guilty of a misdemeanor and upon conviction is punishable as provided for in PMC Chapter 1.12 (Penalty Provisions)PMC.
9.36.010 Penalty for violation.
Every person who violates any of the provisions of PMC Chapter 9.04 (Offenses By or Against Public Officers and Government) , 9.08 (Offenses Against the Person) , 9.12 (Offenses Against Public Decency) , 9.16 (Offenses Against Public Peace) or 9.20 (Offenses Against Property) PMC is guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of PMC Chapter 9.04 (Offenses By or Against Public Officers and Government) , 9.08 (Offenses Against the Person) , 9.12 (Offenses Against Public Decency), 9.16 (Offenses Against Public Peace)or 9.20 (Offenses Against Property)PMC is committed, continued, or permitted, and upon conviction is punishable by a fine not exceeding $500.00 or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment.
9.40.010 Definitions.
As used in this cChapter, the words hereinafter defined are used as so defined unless it is apparent from the context that a different meaning is intended:
9.40.040 False alarm.
The knowing commission of a false alarm is prohibited. This sSection does not prohibit any test of an alarm system as permitted in advance by the Sheriff.
9.40.070 Exemptions.
The provisions of this cChapter are not applicable to audible alarms affixed to motor vehicles or to a public telephone utility whose only duty is to furnish telephone service pursuant to tariffs on file with the California Public Utilities Commission.
9.40.080 Violations.
(A) Any person violating any of the provisions of this cChapter other than PMC Section
9.40.040 (False alarm) is guilty of an infraction, which is punishable as provided in PMC Section 1.12.010(B).
(B) Violation of PMC Section 9.40.040 (False alarm) is a misdemeanor, which is punishable by a fine not to exceed $1,000 or by imprisonment in the County Jail for a period not to exceed six months or by both such fine and imprisonment. (C) Notwithstanding subsection (A) of this sSection, upon the first violation of PMC Section 9.40.060 (Public nuisance alarm) in a calendar year beginning January 1st, the Sheriff shall serve a written notice (in triplicate) to the alarm owner, to the City, and to the Sheriff’s Department indicating the property location, date of false alarm, and other information necessary to track false alarms. The City will retain copies and track all subsequent false alarms for that alarm user. The notice will describe the violation and specify that the causes of the violation shall be corrected within 10 days of the date of service of the written notice.
9.40.110 Compliance required.
Any alarm installed prior to the effective date of the ordinance codified in this cChapter shall comply with all provisions of the ordinance codified in this cChapter.
9.44.010 Purpose and findings.
The City Council finds and determines as follows:
(C) Guests and visitors of law-abiding tenants sometimes engage in unlawful activity on the premises of such law-abiding tenants, thereby subjecting the property owner to potential civil penalties under sState and fFederal law.
9.44.020 Definitions.
For the purpose of this cChapter, the following term shall be defined as follows:
9.44.030 Trespass on private property.
THIS PROPERTY CLOSED TO THE PUBLIC
No Entry Without Permission
P.M.C. SEC. 9.44.030
9.44.040 Entry requiring express consent of owner.
(A) No person shall enter or be present upon private property not open to the general public without the express consent of the owner or the owner’s agent when that person:
(1) Has been convicted of any violation of the law involving narcotics, prostitution, vandalism, weapons, disturbance of the peace, loitering, threat to commit a violent act, or the commission of a violent act, on that same private property not open to the general public, whether or not such property is posted in accordance with PMC Section
9.44.030(B); and
(C) This sSection applies even if the person has the consent of a person in lawful possession but does not apply to persons who have a right of lawful possession to the subject property. An individual who has the consent of the person in lawful possession may not be refused entry by the owner or the owner’s agent for a period exceeding 12 months, computed from the date of the request.
9.44.070 Exceptions.
The provisions of this cChapter shall not apply in any of the following instances:
(C) When public officers or employees are acting within the course and scope of their employment or in the performance of their official duties; or,
9.44.080 Severability.
If any part or provision of this cChapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the cChapter, including the application of that part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of the cChapter are severable.
9.44.090 Violations.
The violation of any of the provisions of this cChapter shall be a misdemeanor or an infraction and shall be punishable as provided for in PMC Chapter 1.12 (Penalty Provisions)PMC.
9.45.020 Trespass on certain public property.
(A) No person shall enter upon any of the following premises owned by the City without the express permission of the Director of Public Works, or his or her duly authorized representative, where signs forbidding entry are displayed as provided in sSubsection (B) of this sSection: maintenance yards, maintenance shops, lift stations, detention basins, and retention basins. No person shall be deemed to have such permission unless such person has evidence thereof upon his or her person or unless he or she has the express oral consent of the officer or employee present at, and in immediate charge or care of, the premises.
P.M.C. SEC. 9.45.020
9.45.030 Exceptions.
(A) The provisions of this cChapter shall not apply to law enforcement officers or to officers or employees of the City or of any governmental agency acting in the course of their public duties.
(B) The provisions of this cChapter shall not apply to any portion of any such structure or premises to which general public access is required in the normal use and operation thereof during normal operating hours.
9.45.040 Violations.
Violations of any provision of this cChapter shall be punishable as set forth in PMC Title 1 (GeneralGeneral Provisions).
9.46.010 Unpermitted camping, lodging and sleeping prohibited. (3) “Prohibited public places” means any public place not designated as a public campground pursuant to fFederal, sState, or local statute or ordinance and shall include the following:
(c) Public parks, except as may be permitted under PMC Section 8.24.260 (Overnight camping);
9.46.020 Enforcement and penalties.
(A) This chapter may be enforced by Peace Officers and by the City of Palmdale employees specified in PMC Chapter 1.16 (Enforcement) PMC and Enforcement Officers as specified in PMC Chapter 1.20 (Administrative Citations) PMC. (B) Violations of this chapter may be punished only as an infraction or as an administrative violation as set forth in PMC Sections 1.12.010 ( Penalty Provisions) (C) or (D) and in no event shall any fine be issued.
(C) No citation for a violation of PMC Sections 9.46.010(B)(1) and (B)(2) issued pursuant to the enforcement authority of this section, whether criminal, civil, or administrative, shall be issued to any person unless, at the time in question, the Enforcement Officer, in his or her reasonable discretion, is able to make an affirmative determination that there is an available bed in a shelter in the City, which includes a temporary shelter for individuals who do not have permanent housing, based on the information known to the Enforcement Officer at the time. In determining whether there is an available bed in a shelter, the Enforcement Officer shall consider all the circumstances and the policies and requirements of an available bed in a shelter, and whether it is practicable for the person to seek shelter there or elsewhere.
9.46.030 Construction with other laws.
The City may enforce any violation of this cChapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.
9.47.010 Purpose and intent.
The purpose of this cChapter is to enjoin and abate nuisance vehicles by establishing a process to allow the seizure and forfeiture of such vehicles when used in conjunction with the commission or furtherance of certain criminal offenses.
The intent of this cChapter is to deter persons from committing, or attempting to commit, certain criminal offenses in Palmdale.
9.47.020 Definitions.
The following terms, as used in this cChapter, are defined as follows:
(N) “Waste” means and includes “hazardous waste” and “solid waste,” as these terms are defined in PMC Section 5.52.030 (Definitions) or by a subsequently amended or adopted provision in the Palmdale Municipal CodePMC.
9.47.030 Abatement of nuisance vehicle by seizure and forfeiture.
Any person or his or her servant, agent, or employee who owns, leases, conducts or maintains any vehicle used for any of the purposes or acts set forth in this sSection is responsible for creating a public nuisance. Any vehicle that is used in the commission or furtherance of the following activities is declared a nuisance and shall be enjoined and abated as provided for in this cChapter.
9.47.040 Title to vest in the City.
All rights, title and interest in any vehicle described in PMC Section 9.47.030 (Abatement of nuisance vehicle by seizure and forfeiture) shall vest in the City upon commission of the act giving rise to the nuisance under this cChapter.
9.47.050 Seizure of vehicle.
(A) A Peace Officer may seize a vehicle subject to forfeiture under this cChapter upon the issuance of an order by a court having jurisdiction of the vehicle. Seizure without court order may be made in any of the following circumstances:
(1) The seizure is incident to an arrest or search under a search warrant; or,. (2) There is probable cause to believe the vehicle was used in violation of this cChapter. (B) A Peace Officer seizing a vehicle under this cChapter shall complete a receipt in accordance with Penal Code Section 1412 and deliver it to the person from whose possession the vehicle was seized.
(C) Within two business days of seizing the vehicle, the Los Angeles County Sheriff’s Department shall file a post-seizure statement of probable cause for review by a neutral magistrate. The reviewing magistrate shall limit review to the question of whether probable cause exists for the vehicle to be held under this cChapter. If the reviewing magistrate finds that no probable cause exists for the vehicle to be held, the vehicle shall, within two business days of that finding, be made available to be released to the registered or legal owner as may be identified pursuant to the investigation required by sSubsection (D) of this sSection.
(D) Upon seizure of the vehicle, an immediate investigation shall be made by the Los Angeles County Sheriff’s Department as to any potential claimant to a vehicle whose right, title, interest, or lien is of record in the Department of Motor Vehicles of this or any other sState or appropriate fFederal agency. If the Los Angeles County Sheriff’s Department finds that any person, other than the registered owner, is the legal owner, and the ownership did not arise subsequent to the date and time of arrest or seizure of the vehicle or notification of the forfeiture proceedings, it shall, within four business days of the vehicle’s seizure, send a notice of seizure to the legal owner at his or her address appearing on the records of the Department of Motor Vehicles of this or any other state or any appropriate fFederal agency.
(E) The notice of seizure sent pursuant to the requirements of sSubsection (C) of this sSection shall set forth the time in which a claim of interest in the vehicle seized or subject to forfeiture is required to be filed.
9.47.060 Forfeiture and notice of intended forfeiture of vehicle. (A) The City Attorney, or his designee attorney, may, pursuant to this sSection, order the forfeiture of vehicles seized under this cChapter.
(B) If the City Attorney, or his designee attorney, determines that the factual circumstances warrant forfeiture of the vehicle described in PMC Section 9.47.030 (Abatement of nuisance vehicle by seizure and forfeiture), he or she shall serve a notice of intended forfeiture upon any person who has an interest in the seized vehicle. The notice shall be served within 30 calendar days of the finding of probable cause by the neutral magistrate.
(C) The notice of intended forfeiture shall be served as follows:
(1) By personal delivery or certified mail, return receipt requested, upon any person who has an interest in the seized vehicle as determined pursuant to PMC Section 9.47.050(C). (2) In the event that the person entitled to service refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service.
Substituted service may be accomplished by any one of the following methods:
(a) By leaving a copy during usual business hours at the recipient’s business with the person who is apparently in charge, and by thereafter mailing by first class mail a copy to the recipient where the copy was left;.
(b) By leaving a copy at the recipient’s dwelling or usual place of abode, in the presence of a competent member of the household and thereafter mailing by first class mail a copy to the recipient at the address where the copy was left;. (c) If the person entitled to service resides out of sState and will not accept certified return receipt mail, then service may be made by first class mail; or,. (D) A notice of seizure and intended forfeiture shall include:
(4) The instructions and time limits for filing and serving a claim with the court pursuant to PMC Section 9.47.070 (Claim opposing forfeiture and court proceedings) . The notice shall contain a statement that, in order to receive a post-seizure hearing, a claimant shall request a hearing in person or in writing with the court within 10 calendar days of the date of the notice.
9.47.070 Claim opposing forfeiture and court proceedings. (A) A person claiming an interest in the vehicle seized pursuant to PMC Section 9.47.050 (Seizure of vehicle) must within 10 calendar days from the date of the notice of intended forfeiture or within 30 calendar days from the date of first publication of the notice of seizure, file with the Los Angeles County Superior Court: (North District) or the superior court of the County in which the property was seized if not in Los Angeles County, a claim opposing forfeiture, verified in accordance with California Code of Civil Procedure Section 446, stating his or her interest in the property, along with a filing fee as may be required by the court. The person filing the claim shall be responsible for filing an endorsed copy of the claim upon the City Attorney within 10 calendar days of the filing of the claim in court. If the seizure is incident to a first-time violation of this cChapter, the claimant may post a bond with the City in an amount equal to the Kelly Blue Book suggested retail value, or equivalent valuation acceptable to the City, to retain against sale or disposal of the vehicle pending final adjudication of the forfeiture. Upon posting of the bond, the City shall release the vehicle to the registered or legal owner. (B) If a verified claim is filed in accordance with this sSection, the forfeiture proceeding shall be set for a court hearing within 30 calendar days from the date the claim is filed. (C) The provisions of the Code of Civil Procedure shall apply to proceedings under this sSection unless otherwise inconsistent with the provisions or procedures set forth in this cChapter. However, in proceedings under this sSection, there shall be no joinder of actions, coordination of actions, except for forfeiture proceedings, or cross-complaints, and the issues shall be limited strictly to those related to this cChapter. Any trial pursuant to this cChapter shall be before the court.
(D) With respect to vehicles described in PMC Section 9.47.030 (Abatement of nuisance vehicle by seizure and forfeiture) for which forfeiture is sought and as to which forfeiture is contested, the City Attorney shall have the burden of proving by a preponderance of the evidence that the vehicle constituted a nuisance pursuant to this cChapter. (E) Upon proof that the vehicle was used in connection with any of the activities set forth in PMC Section 9.47.030 (Abatement of nuisance vehicle by seizure and forfeiture) , the court shall declare the vehicle a nuisance and order that it be forfeited, sold, and the proceeds distributed as set forth in PMC Section 9.47.080 (Disposal of vehicle and distribution of proceeds).
(F) If no claims are timely filed, the City Attorney shall prepare a written declaration of forfeiture of the vehicle to the City. A written declaration of forfeiture signed by the City Attorney under this section shall be deemed to provide good and sufficient title to the forfeited property. The proceeds from the disposal of the vehicle declared forfeited by the City Attorney shall be distributed in accordance with PMC Section 9.47.080 (Disposal of vehicle and distribution of proceeds). The City Attorney ordering forfeiture pursuant to this section shall provide a copy of the declaration of forfeiture to any person who received notice of the forfeiture proceedings.
9.47.080 Disposal of vehicle and distribution of proceeds. (A) In all cases where vehicles seized pursuant to this cChapter are forfeited to the City, the vehicles shall be sold, or if cash is paid as settlement in lieu of forfeiture of the vehicle, the proceeds of sale or settlement shall be distributed and appropriated as follows:
(1) To pay costs associated with the towing, storage and release of any vehicle seized under this cChapter.
(B) The remaining funds shall be distributed as follows:
(1) To the City Attorney for all expenditures other than personnel costs, made or incurred by his or her office in connection with the enforcement of this cChapter, including, but not limited to, costs for equipment, investigation, supplies, litigation, as well as insurance and liability resulting from enforcement of this cChapter and costs of publication of the notices set forth in PMC Section 9.47.060 (Forfeiture and notice of intended forfeiture of vehicle). (C) For budgeting purposes, funds obtained from enforcement of this cChapter shall not be considered anticipated revenue into the general fund. (D) If a vehicle that is forfeited pursuant to this cChapter is not legally saleable due to modifications thereto prior to the seizure, the City Attorney may cause its destruction and any funds received by the City for its scrap value shall be applied in accordance with this section.
9.47.090 Stolen vehicles.
A vehicle that has been reported stolen, prior to a seizure under this cChapter, shall not be subject to forfeiture unless the identity of the registered owner cannot be reasonably ascertained or the registered owner fails to redeem the vehicle within 30 calendar days of the seizure. The registered owner of the vehicle may claim the vehicle upon payment of tow, storage and release charges, provided the vehicle is not subject to any holds for traffic or parking violations and the vehicle registration is current.
9.47.100 Recovery of monetary loss.
Nothing in this cChapter shall preclude a person with an ownership or secured interest in the vehicle who suffers a monetary loss from the forfeiture of a vehicle under this cChapter from recovering the amount of the actual monetary loss from a driver or responsible person.
9.50.010 Title.
This cChapter shall be known as, and may be cited as, the “Palmdale film ordinance.”
9.50.020 Definitions.
(C) “City-produced public access films” shall mean motion picture, television or still photography produced by or in association with the City of Palmdale. No person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films, tapes, or photos.
(E) “Film Liaison” shall mean a City official designated by the City Manager to promote photography and film production within the City of Palmdale and to administer the provisions of this cChapter.
9.50.030 Permits and exemptions.
(A) Permit Required. No person shall use any public or private property, public right-of- way, facility or residence for the purpose of taking motion pictures or television pictures or still photography without first applying for and receiving a permit issued pursuant to the provisions of this cChapter.
(B) Exemptions. The provisions of this cChapter shall not apply to:
(1) News media;.
(2) City-produced public access films;.
(3) Family video; and,.
9.50.050 Applicants and issuance.
(A) Any person desiring a permit under the provisions of this cChapter r shall make application on the appropriate form provided by the Film Liaison. The form must be signed and, except where otherwise provided, accompanied by all required fees, deposits, forms and insurance certificates required by this cChapter before it will be processed. (B) Issuing Authority. The Film Liaison shall be responsible for issuing permits under this cChapter.
(C) Issuance. The Film Liaison shall issue, conditionally issue, or not issue a permit as provided for in this cChapter after consideration of the application and such other information as may be otherwise obtained. The decision of issuance will be final unless appealed in writing within five working days of the decision by requesting a hearing of the City Manager and/or the City Manager’s designated appeal officer. The appeal shall be heard within five working days of receipt of the applicant’s written appeal.
9.50.070 Liability provisions.
(A) Liability Insurance. Before a permit is issued, a certificate of insurance evidencing general liability insurance, in an amount not less than $1,000,000, will be required naming the City of Palmdale , including its agencies, officers, employees and agents, as an additional insured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage and to indemnify the City for damage to City property arising out of the permittees’ or their agents’, employees’ or contractors’ activities. The certificate of insurance shall not be subject to cancellation or modification until after 30 days’ written notice to the City.
(B) Vehicle Insurance. For all applicant’s vehicles that are operated in the public right-of- way under the permit, a certificate of insurance will be required for auto coverage with limits of no less than $1,000,000 and scheduled under any umbrella policy. At the request of the applicant, the City Attorney may waive the requirement to obtain insurance, and provide proof thereof, as to one, some or all of the vehicles operated under the permit.
Certificates of insurance evidencing vehicle insurance are not required to be submitted with the initial permit application as provided for in PMC Section 9.50.050 (Applicants and issuance). However, a film permit shall not be valid until proof of insurance for all vehicles required to have insurance under this sSubsection is provided to the Film Liaison. (C) Worker’s Compensation Insurance. An applicant shall conform to all applicable fFederal and sState requirements for worker’s compensation insurance for all persons operating under a permit.
(D) Additional Insurance. The City Attorney shall have the authority to require higher insurance limits or additional insurance if, in his or her opinion and discretion, the type of activity permitted is of such a nature as to warrant greater risk protection. Certificates of insurance evidencing additional insurance are not required to be submitted with the initial permit application as provided for in PMC Section 9.50.050 (Applicants and issuance) .
However, a film permit may be conditionally issued upon obtaining insurance, and providing proof thereof, as provided for in this subsection. (F) Security Deposit. To ensure cleanup and restoration of the site, an applicant may be required to post a security deposit in the form of a refundable security deposit or faithful performance bond (amount to be determined). Upon completion of filming and inspection of the site by the City, the security deposit or faithful performance bond may be returned to the applicant. The security deposit is not required to be submitted with the initial permit application as provided for in PMC Section 9.50.050 (Applicants and issuance). However, a film permit may be conditionally issued upon posting a security deposit as provided for in this subsection.
9.50.080 Violation.
(B) Violation of the terms of this cChapter, or any permit issued thereto, shall constitute a misdemeanor and subject the offender to the penalties set forth in PMC Chapter 1.12 (Penalty Provisions)PMC.
10.04.030 Amendments.
The Palmdale vehicles and traffic code is amended by adding thereto the Cchapters set forth in PMC Sections 10.04.031 (Section 15.08.130 of Chapter 15.08 of Division 1 of Title 15 Los Angeles County Code amended) through 10.04.150 (Chapter 15.130 added – Prohibiting the parking of recreational vehicles in residential districts for more than 72 hours).
10.04.032 Section 15.08.040 of Chapter 15.08 of Division 1 of Title 15 Los Angeles County Code amended.
Section 15.08.040 of Chapter 15.08 of Division 1 of Title 15 of the Los Angeles County Code is amended to read as follows:
Section 15.08.040 Board.
“Board” shall mean the cCity cCouncil of the cCity of Palmdale.
10.04.033 Section 15.08.070 of Chapter 15.08 of Division 1 of Title 15 Los Angeles County Code amended.
Section 15.08.070 of Chapter 15.08 of Division 1 of Title 15 of the Los Angeles County Code is amended to read as follows:
Section 15.08.070 Commissioner.
“Commissioner” shall mean the cCity of Palmdale traffic engineer.
10.04.035 Section 15.64.200 of Chapter 15.64 of Division 1 of Title 15 Los Angeles County Code amended.
Section 15.64.200 of Chapter 15.64 of Division 1 of Title 15 of the Los Angeles County Code is amended to read as follows:
B. As used in this section, the words “safe place” include but are not confined to, any garage, parking lot or open space owned by, maintained by or under the jurisdiction of the cCounty of Los Angeles or the cCity of Palmdale, and also every privately owned garage the owner or proprietor of which will accept such vehicle.
10.04.040 Chapter 15.101 added – Commercial vehicle parking restrictions in residential or agricultural zones.
Chapter 15.101 is added to read as follows:
Chapter 15.101
A person shall not park any commercial vehicle having a manufacturer’s gross vehicle weight rating of 10,000 pounds or more on any highway or alley at anytime in any residential or agricultural zone as defined in Ordinance No. 140, entitled T he Zoning Ordinance. It is not a violation of this chapter to park said vehicles in residential or agricultural zones when such vehicles are involved in:
10.04.050 Chapter 15.102 added – Prohibition of certain vehicles except on designated routes.
Chapter 15.102 is added to read as follows:
Chapter 15.102
A. Except as provided in Ssubparagraph B hereof, any commercial vehicle exceeding a manufacturer’s gross vehicle weight rating of 10,000 pounds is hereby prohibited from using any streets in the Ccity other than those designated in Chapter 15.103 which have been marked by appropriate signs. All streets in the Ccity not designated in Chapter
15.103 shall be restricted streets for the purpose of this Chapter 15.102.
10.04.060 Chapter 15.103 added – Truck routes designated.
Chapter 15.103 is added to read as follows:
Chapter 15.103
Commercial vehicles having a manufacturer’s gross vehicle weight rating of 10,000 pounds or more shall use the following streets or portions of streets within the Ccity limits except as provided in Section 15.102.B:
10.04.070 Chapter 15.104 added – Traffic and fire access lanes designated.
Chapter 15.104 is added to read as follows:
Chapter 15.104
The driveways, passageways and circulation routes within a public parking area, serving commercial or industrial uses as stipulated in Ordinance 140, the Zoning Ordinance of the Ccity, whether publicly or privately owned, are designated as traffic and fire access lanes.
10.04.090 Chapter 15.106 added – Transporting dogs in open vehicles.
Chapter 15.106 is added to read as follows:
Chapter 15.106
A. No person shall transport any dog in or on the back of any open truck or other open vehicle while traveling on any road, street, highway, lane or alley in the Ccity.
10.04.100 Chapter 15.107 added – Regulation of speed bumps on private streets, easements and fire lanes.
Chapter 15.107 is added to read as follows:
Chapter 15.107
A. Declaration of Policy. It is hereby declared to be the policy of the Ccity to prohibit the installation of new speed bumps on private streets, easements or fire lanes, as such vehicle speed control devices may obstruct convenient and timely emergency vehicle access or otherwise jeopardize the public health, safety and general welfare.
2. “Traffic Control Review Committee” or “Review Committee” shall mean a committee comprised of the following individuals or their designees: Fire Marshall, Sheriff, Director of Public Works and Director of Planning.Planning Manager.
10.04.110 Chapter 15.108 added – Speed limits designated.
Chapter 15.108
A. As authorized by the California Vehicle Code (CVC), it is hereby determined upon the basis of engineering and traffic surveys that the maximum speeds (in miles per hour) on the following streets are as identified in Ssubsection C. Speed limits established pursuant to this Chapter shall be effective when appropriate signs giving notice thereof are erected upon said street.
10.04.130 Chapter 15.110 added – Enforcement of vehicle and traffic laws in designated mobile home parks.
Chapter 15.110 is added to read as follows:
B. The provisions of the California Vehicle Code shall apply to the roads within the mobile home parks enumerated in paragraph A, above, and may be enforced; and as authorized by Chapter 9 of Division 11 of the California Vehicle Code, Section 22500 et seq., local City of Palmdale ordinances prohibiting, restricting or regulating the parking, stopping or standing of vehicles as set forth in Divisions 1 and 2 of Title 15 of the Los Angeles County Code, as adopted and amended as the Palmdale Vehicles and Traffic Code by Palmdale Municipal Code PMC Section 10.04.010 (Chapter 15.108 added – Speed limits designated), shall apply to the roads and may be enforced as well. Notwithstanding the foregoing, the roads shall remain privately owned and maintained, and the City of Palmdale assumes no obligation to maintain them, nor to provide patrol or traffic enforcement services for the enforcement of the California Vehicle Code or Palmdale Vehicles and Traffic Code. The Los Angeles Sheriffs Department shall be authorized to enforce the California Vehicle Code and the Palmdale Vehicles and Traffic Code on those roads. City of Palmdale Traffic Enforcement Officers shall be authorized to enforce the Palmdale Vehicle and Traffic code and those provisions of the California Vehicle Code related to the stopping, standing, or parking of vehicles.
10.04.140 Chapter 15.120 added – Enforcement of California Vehicle Code provisions on private roads and off-street parking facilities of the Antelope Valley Mall.
Chapter 15.120 is added to read as follows:
2. It is the intent of the City Council that the provisions of the California Vehicle Code shall apply to the Roadways and that said code may be enforced thereon. In so doing, the Roadways remain privately owned and maintained, and the Cityof Palmdale assumes no obligation to maintain them, nor to provide patrol or traffic enforcement services for the enforcement of the California Vehicle Code thereon.
D. No Obligation to Maintain or Enforce. The Antelope Valley Mall Roadways remain privately owned and maintained. The City of Palmdale assumes no obligation to maintain them, nor to provide patrol or traffic enforcement services for the enforcement of the California Vehicle Code thereon.
15.120.020 Enforcement of Certain Provisions of the California Vehicle Code to Antelope Valley Mall Parking Lots.
A. Findings and Intent. Pursuant to California Vehicle Code Section 21107.8, the City Council finds and declares as follows:
1. There are privately owned and maintained offstreetoff-street parking facilities serving the Antelope Valley Mall (“Antelope Valley Mall Parking Lots”) that are generally held open for use of the public for purposes of vehicular parking. The Antelope Valley Mall is bounded generally to the north by West Avenue O-8, thence to the northeast by the Antelope Valley Freeway, State Route 14, thence to Tenth Street West on the east, thence to Rancho Vista Boulevard (Avenue P) on the south, thence to Fifteenth Street West on the west.
2. It is the intent of the City Council that Sections 22350, 23103, and 23109 and the provisions of Division 16.5 (commencing with Section 38000) of the California Vehicle Code shall not apply to the Antelope Valley Mall Parking Lots unless its owner or operator has caused to be posted in a conspicuous place at each entrance to the Antelope Valley Mall Parking Lots a notice not less than 17 by 22 inches in size with lettering not less than one inch in height to the effect that the Antelope Valley Mall is subject to public traffic regulations and control. In adopting the ordinance codified in this section, the Antelope Valley Mall Parking Lots remain privately owned and maintained and the Cityof Palmdale assumes no obligation to maintain them, nor to provide patrol or traffic enforcement for the enforcement of the California Vehicle Code thereon.
C. No Obligation to Maintain or Enforce. The Antelope Valley Mall Parking Lots remain privately owned and maintained. The City of Palmdale assumes no obligation to maintain them, nor to provide patrol or traffic enforcement services for the enforcement of the California Vehicle Code thereon.
10.04.160 Chapter 15.140 added – Electric vehicle parking.
Chapter 15.140 is added to read as follows:
Chapter 15.140 Electric Vehicle Parking
15.140.010 Definitions: For the purposes of this cChapter:
10.06.010 Title.
This cChapter shall be known as the “parking citation processing ordinance” of the City.
10.06.020 Definitions.
Except where the context otherwise requires, the definitions provided in this sSection shall govern the construction of this cChapter.
“Administrative policy” means a policy which establishes procedures for the implementation of this cChapter and is approved by the City Manager. “Violation” means any parking, equipment or other vehicle violation as established pursuant to sState law or local ordinance.
10.06.040 Authority to conduct administrative review process – Hearing Officer – Procedures.
The processing agency may review appeals or other objections to a parking citation pursuant to the procedures set forth in this section.
(B) The initial review by the processing agency shall consist of those procedures outlined in PMC Section 10.06.130(A)(1).
(C) If the operator is dissatisfied with the results of the initial review, the operator may contest the parking citation or notice of delinquent parking violation through an administrative hearing review process as outlined in PMC Section 10.06.130(B)(1). (D) Notwithstanding the provisions of sSubsection (C) of this sSection, if the vehicle has been immobilized or impounded for unpaid parking citations, the processing agency shall permit the registered owner of the vehicle to contest the parking citations upon which the seizure was based, without requiring a deposit of the parking penalty; provided, that the vehicle remains under the control of the immobilizing or impounding agency.
10.06.050 Process by which parking citations must be issued.
Parking citations shall be issued in accordance withpursuant to the following procedures:
(A) If a vehicle is unattended at the time that the parking citation is issued for a parking violation, the issuing officer shall securely attach to the vehicle the parking citation setting forth the violation, including reference to the section of the California Vehicle Code, the City’s Municipal Code, or other parking regulation violated; the approximate time of the violation; the location of the violation, and the date by which the operator is to deposit the parking penalty or contest the parking citation pursuant to PMC Section 10.06.130 (Contesting parking citation – Procedure) . The citation shall state the amount of the parking penalty and the address of the agent authorized to receive deposit of the parking penalty.
(C) Once the parking citation is prepared and attached to the vehicle pursuant to subsection (A) of this sSection, the issuing officer shall file notice of the parking violation with the processing agency.
agency, and the parking citation shall be canceled pursuant to PMC Section
10.06.130(A)(1).
10.06.070 Parking penalties received by date fixed – No contest – Request to contest.
(A) If the payment of the parking penalty is received by the processing agency and there is no contest by the date fixed on the parking citation, all proceedings as to that parking citation shall terminate.
(B) If the operator contests the parking citation, the processing agency shall proceed in accordance withpursuant to PMC Section 10.06.130 (Contesting parking citation – Procedure).
10.06.080 Parking penalties not received by date fixed. (A) If payment of the parking penalty is not received by the processing agency by the date fixed on the parking citation, the processing agency shall deliver to the registered owner a notice of delinquent parking violation pursuant to PMC Section 10.06.090 (Notice of delinquent parking violation – Contents).
10.06.090 Notice of delinquent parking violation – Contents. (A) A notice of delinquent parking violation shall contain the information required to be included in a parking citation pursuant to PMC Section 10.06.050 (Process by which parking citations must be issued) . The notice of delinquent parking violation shall also contain a notice to the registered owner that, unless the registered owner pays the parking penalty or contests the citation within 10 days after mailing the notice of delinquent parking violation or completes and files an affidavit of nonliability that complies with PMC Section 10.06.110 (Affidavit of nonliability – Leased or rented vehicle) or 10.06.120 (Affidavit of nonliability – Sale) , the vehicle registration will not be renewed until the parking penalties have been paid. In addition, the notice of delinquent parking violation shall contain, or be accompanied by, an affidavit of nonliability and information of what constitutes nonliability, information as to the effect of executing an affidavit, and instructions for returning the affidavit to the issuing agency.
10.06.110 Affidavit of nonliability – Leased or rented vehicle.
A registered owner shall be released from liability for a parking citation if the registered owner files with the processing agency an affidavit of nonliability in a form satisfactory to the processing agency and such form is returned within 30 days after the mailing of the notice of delinquent parking violation together with proof of a written lease or rental agreement between a bona fide rental or leasing company and its customer which identifies the renter or lessee and provides the operator’s driver’s license number, name and address. The processing agency shall serve or mail to the renter or lessee identified in the affidavit of nonliability a notice of delinquent parking violation. The processing agency shall inform the renter or lessee that he or she must pay the full amount of the parking penalty or provide notice to the processing agency that he or she intends to contest the parking citation pursuant to PMC Section 10.06.130 (Contesting parking citation – Procedure) within 15 days of the mailing of the notice of delinquent parking violation. If the processing agency does not receive payment of the contest within those 15 days, the processing agency may proceed against the renter or lessee pursuant to PMC Section 10.06.140 (Collection of unpaid parking penalties).
10.06.120 Affidavit of nonliability – Sale.
(C) If the registered owner has not complied with the requirements necessary to release the owner from liability pursuant to California Vehicle Code Section 5602, or any successor statute thereto, the processing agency shall inform the registered owner that the citation must be paid in full or contested pursuant to PMC Section 10.06.130 (Contesting parking citation – Procedure) . If the registered owner does not comply, the processing agency shall proceed pursuant to PMC Section 10.06.140 (Collection of unpaid parking penalties).
10.06.130 Contesting parking citation – Procedure.
(A) If an operator or registered owner contests a parking citation or a notice of delinquent parking violation, the processing agency shall do all of the following:
(2) If the contestant is not satisfied with the results of the investigation provided for in sSubsection (A)(1) of this section, the contestant may, within 15 days of the mailing of the results of the initial investigation, deposit the amount of the parking penalty and other related fees or provide proof of inability to deposit the parking penalty, and request an administrative review.
(E) If the contestant is not the registered owner of the vehicle, all notices to the contestant required under this sSection shall also be given to the registered owner by first class mail.
10.06.140 Collection of unpaid parking penalties.
Except as otherwise provided below, the processing agency shall proceed under subsection (A) or (B) of this sSection, but not both, in order to collect an unpaid parking penalty:
(B) If more than $400.00 in unpaid parking penalties and other related fees have been accrued by any one registered owner or the registered owner’s renter, lessee or sales transferee, proof thereof may be filed with the court with the same effect as a civil judgment. Execution may be leviedlevied, and such other measures may be taken for the collection of the judgment as are authorized for the collection of unpaid civil judgments entered against a defendant in an action on a debt.
The processing agency shall send notice by first class mail to the registered owner or renter, lessee or sales transferee indicating that a civil judgment has been filed and the date that the judgment shall become effective. The notice shall also indicate:indicate that execution may be levied against that person’s assets, that liens may be placed against the person’s property, that the person’s wages may be garnished, and that other steps may be taken to satisfy the judgment. The notice shall also state that the processing agency will terminate the commencement of a civil judgment proceeding if all parking penalties and other related fees are paid prior to the date set for hearing. If judgment is entered, then the City may file a writ of execution or an abstract with the court clerk’s office identifying the means by which the civil judgment is to be satisfied.
10.06.150 Obligation of processing agency once parking penalty paid. (A) If the operator or registered owner served with notice of delinquent parking violation, or any other person who presents the parking citation or notice of delinquent parking violation, deposits the penalty with the person authorized to receive it, the processing agency shall do both of the following:
(2) Determine whether the notice of delinquent parking violation has been filed with the Department or a civil judgment has been entered pursuant to PMC Section 10.06.140 (Collection of unpaid parking penalties).
10.08.010 Purpose.
The purpose of this cChapter is to comply with Government Code Section 65850.7 and to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations.
10.08.030 Expedited permitting process.
(C) Checklist Contents. The checklist and procedures may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. Such checklist must ensure that all requirements of this cChapter are met, including the following:
10.08.040 Permit application processing.
(D) Appeal. The Building Official’s determination may be appealed to the Planning Commission. Such appeal shall be governed by the procedures of Division 2 (Review Procedures) of PMC Title 17 (Zoning), except that the determination of the Planning Commission shall be final and cannot be appealed to the City Council. After conducting the public hearing, the rReviewing Aauthority shall issue its determination in writing based upon substantial evidence in the record.
10.08.050 City-owned electric vehicle parking spaces.
The Director of Public Works, or designee, is authorized to designate parking spaces or stalls in any off-street parking facility owned and operated by the City of Palmdale for the exclusive purpose of charging and parking a vehicle that is connected for electric charging purposes.
10.09.010 Unlawful possession of a catalytic converter prohibited. (A) It shall be unlawful for any person, other than a core recycler as defined in California Business and Professions Code Section 21610, to possess any catalytic converter that is not attached to a vehicle, unless the possessor has valid documentation or other proof to verify that they are in lawful possession of the catalytic converter. (B) This sSection does not apply to a detached catalytic converter that has been tested, certified, and labeled or otherwise approved for reuse, and being bought or sold for purposes of reuse in accordance withpursuant to the Federal Clean Air Act (42 U.S.C.
Section 7401 et seq.) and regulations under the Clean Air Act, as they may, from time to time, be amended.
10.09.020 Definitions.
(A) For purposes of this cChapter, “lawful possession” includes (1) being the lawful owner of the catalytic converter or (2) in possession of the catalytic converter with the lawful owner’s written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a “lawful possession.”
(B) For purposes of this cChapter, “documentation or other proof” means written document(s) that clearly identify the vehicle from which the catalytic converter originated based on the totality of the circumstances, and includes, but is not limited to, the following types of documents:
10.09.030 Violations.
(A) Each and every violation of this cChapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the PMCPalmdale Municipal Code. Each and every catalytic converter unlawfully possessed is a separate violation of this cChapter.
(B) It is unlawful and a misdemeanor subject to punishment in accordance withpursuant to PMC Chapter 1.12 (Penalty Provisions)PMC for any person to violate any provision of this cChapter.
Title 12
Chapters:
12.04 Underground Utilities
12.08 Highway Permits
12.12 Parades
12.16 Advertising Displays Adjacent to Landscaped Highways
12.20 Policy for Displaying Written Materials at City Facilities
12.24 Displaying Personal Property for Sale – Parking for Repair or Maintenance
12.28 Storage of Personal Property in Public Places
12.30 Shopping Carts
12.32 Maintenance of Drainage Facilities
12.34 Communications and Utilities
12.04.010 Definitions.
For the purposes of this cChapter, the following words or phrases shall be defined as follows:
(E) “Underground utility district” or “district” means that area in the City within which poles, overhead wires and associated overhead structures are prohibited as such area is designated and described in a resolution adopted pursuant to the provisions of PMC Section 12.04.040 (Designation).
(G) “Utility facilities” shall mean poles, overhead wires and associated overhead structures as defined in sSubsection (D) of this section.
12.04.020 Public hearing.
The Council may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the City and the underground installation of wires and facilities for supplying electric, communication or similar or associated service. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC Section 2.08.90. The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of the hearings at least 10 days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive.
12.04.050 Compliance required.
Whenever the Council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in PMC Section 12.04.040 (Designation), it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when the overhead facilities are required to be removed by the resolution, except as the overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by the owner or occupant of the underground work necessary for the owner or occupant to continue to receive utility service as provided in PMC Section 12.04.100 (Property owner responsibility), and for such reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in this aArticle.
12.04.060 Exceptions – Emergency or unusual circumstances.
Notwithstanding the provisions of this aArticle, overhead facilities may be installed and maintained for a period, not to exceed 30 days, without authority of the Director of Public Works in order to provide emergency service. The Director of Public Works may grant special permission on such terms as the Director of Public Works may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures.
12.04.070 Exceptions – Facilities.
This aArticle and any resolution adopted pursuant to PMC Section 12.04.040 (Designation) shall, unless otherwise provided in such resolution, not apply to the following types of facilities:
12.04.080 Notice to property owners and utility companies. (A) Within 10 days after the effective date of a resolution adopted pursuant to PMC Section 12.04.040 (Designation), the City Clerk shall notify all affected utilities and all persons owning real property within the district created by the resolution of the adopting thereof. The City Clerk shall further notify the affected property owners of the necessity that, if they or any person occupying the property desire to continue to receive electric, communication or similar or associated service, they or the occupant shall provide all necessary facility changes on their premises so as to receive the service from the lines of the supplying utility or utilities at a new location, subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission. (B) Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to PMC Section 12.04.040 (Designation), together with a copy of this aArticle, to affected property owners as such are shown on the last equalized assessment roll and the affected utilities.
12.04.090 Utility company responsibility.
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to PMC Section 12.04.040 (Designation), the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the Commission.
12.04.100 Property owner responsibility.
(A) Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his property between the facilities referred to in PMC Section 12.04.090 (Utility company responsibility) and the termination facility on or within the building or structure being served, all in accordance withpursuant to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission. In the event any person owning, operating, leasing, occupying or renting the property does not comply with the provisions of this sSubsection (A) within the time provided for in the resolution enacted pursuant to PMC Section 12.04.040 (Designation), the City Engineer shall post written notice on the property being serviced and 30 days thereafter may authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to the property; or
(B) Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his property between the facilities referred to in PMC Section 12.04.090 (Utility company responsibility) and the termination facility on or within the building or structure being served, all in accordance withpursuant to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to PMC Section 12.04.040 (Designation), the City Engineer shall give notice in writing to the person in possession of the premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within 10 days after the receipt of the notice; (G) Upon the date and hour set for the hearing of protests, the Council shall hear and consider the report and all protests, if there are any, and then proceed to affirm, modify or reject the assessment. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC Section 2.08.90;
12.04.110 City responsibility.
The City shall remove at its own expense all City-owned equipment from all poles required to be removed under this aArticle in ample time to enable the owner or user of the poles to remove them within the time specified in the resolution enacted pursuant to PMC Section 12.04.030 (Engineering report).
12.04.120 Time extension.
In the event that any act required by this aArticle or by a resolution adopted pursuant to PMC Section 12.04.040 (Designations) cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which the act will be accomplished shall be extended for a period equivalent to the time of the limitation.
12.04.130 Penalty for violation.
It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this aArticle. Any person violating any provision of this aArticle or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500.00 or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this aArticle is committed, continued or permitted by such person, and shall be punishable therefor as provided for in this aArticle.
Article II. New Construction
12.04.140 New construction – Underground installations required.
Except as otherwise provided in this aArticle, no building permit shall be issued for the construction of a building, nor shall any site plan be approved, nor any tract or parcel map be recorded, unless the Public Works Department has approved plans which show that the building or development will comply with the provisions of this aArticle.
12.04.150 Development subject to undergrounding requirements.
Except as otherwise provided in this aArticle, all utility facilities shall be installed underground if they are located on or adjacent to a lot being developed.
For the purposes of this sSection, utility facilities shall be deemed “adjacent” to a lot if they are located in a public right-of-way contiguous to the lot, including, but not limited to, a public utility right-of-way, flood control or drainage channel, or street or alley.
12.04.160 Exceptions to undergrounding requirements for new construction.
Notwithstanding the provisions of PMC Section 12.04.150 (Development subject to undergrounding requirements), the following facilities and equipment shall not be required to be placed underground:
12.04.180 Development of single-family residential lots and subdivision of less than five lots.
Undergrounding of utility facilities “adjacent” to property being developed, as “adjacent” is defined in PMC Section 12.04.150 (Development subject to undergrounding requirements), shall not be imposed as a condition upon the development of a single- family residential lot, the division of land resulting in four or fewer parcels, or the merger of four or fewer parcels, if the development, division, or merger is located in an area currently served by utility facilities. This sSection shall not restrict the City’s ability to require undergrounding of utility facilities located “on” a property.
12.04.190 Manner of installation.
All undergrounding, including the undergrounding of service laterals, required by PMC Section 12.04.150 (Development subject to undergrounding requirements) shall be completed prior to the paving of streets; provided, however, that the City Engineer may waive this requirement if the undergrounding will not require reconstruction or repair of streets, or if unusual circumstances warrant such waiver. Furthermore, upon approval of a proposed tentative tract map, the Planning Commission may waive this requirement if this requirement imposes an undue hardship due to the physical condition of the subdivision.
12.04.200 Plans required.
Plans detailing the location of all utility facilities required by PMC Section 12.04.150 (Development subject to undergrounding requirements) to be installed underground shall be submitted for approval to the Public Works Department. The Public Works Department shall approve such plans if they meet the requirements of this aArticle and other applicable provisions of this codethe PMC.
12.04.210 Waivers.
The City Council or the Planning Commission may waive the requirements of PMC Section 12.04.150 (Development subject to undergrounding requirements)upon a finding that compliance with the requirements of that section would be technically or economically infeasible due to geologic, soil, or topographic conditions.
The City Council or the Planning Commission may condition such waiver as it deems necessary to effectuate the purposes and intent of this aArticle.
12.04.220 Placement of utility facilities.
The placement or location of all utility facilities exempted from the provisions of this aArticle pursuant to PMC Section 12.04.160 (Exceptions to undergrounding requirements for new construction) or 12.04.210 (Waivers) shall require approval by the Director of Economic and Community Development. The Director shall not approve any location if the City Engineer determines that placement of a utility facility at the proposed location will unreasonably interfere with travel along a public right-of-way.
12.08.010 County Code provisions adopted by reference.
(A) Except as provided in this cChapter, the highway permit ordinance of the County of Los Angeles, as set forth in Title 16, Division 1 of the Los Angeles County Code, as amended by Los Angeles County Ordinance No. 88-0056 and in effect on April 26, 1988, is adopted by reference and shall become the highway permit ordinance of the City of Palmdale.
12.08.020 Definitions.
Whenever any of the following names or terms are used in the County highway permit ordinance, each such name or term shall be deemed and construed to have the meaning ascribed to it in this sSection as follows:
12.08.030 Chapter 16.24 of highway permit ordinance amended – Special provisions for newspaper dispensing devices.
Chapter 16.24 of the highway permit ordinance is amended in its entirety to read as follows:
Chapter 16.24
SPECIAL PROVISIONS FOR NEWSPAPER DISPENSING DEVICES
16.24.010 Purposes.
The purpose of this cChapter is to promote the public health, welfare and safety by regulating the placement, appearance, maintenance and insuring of newspaper dispensing devices on public rights-of-way so as to:
I. Regulate newspaper dispensing devices in accordance withpursuant to constitutional guarantees of freedom of speech and freedom of the press for newspapers and periodicals using dispensing devices for distribution purposes on public rights-of-way.
16.24.020 Definitions.
As used in this cChapter, unless the context otherwise clearly indicates, each of the following words or terms shall have the meaning ascribed to it in this sSection:
H. “Permittee” means the person who is authorized pursuant to this cChapter to place and maintain a newspaper dispensing device in a public right-of-way.
16.24.030 Encroachment permit required.A. No person shall place, affix, erect, construct, or maintain a newspaper dispensing device which in whole or in part rests upon, in or over any public right-of-way without first obtaining an encroachment permit from the director in accordance withpursuant to the provisions of this cChapter.
16.24.040 Application for encroachment permit.
A. The application for an encroachment permit to install or maintain any newspaper dispensing device shall be on a form provided by the Director and shall contain or be accompanied by the following:
4. A statement that, to the best of the applicant’s knowledge and belief, and based upon the applicant’s inspection of each proposed location, the installation or maintenance of each proposed newspaper dispensing device will be in compliance with all standards and requirements set forth in Section 16.24.080 of this cChapter;
9. Evidence of a current business license as required by the Palmdale Municipal CodePMC; and,
16.24.050 Issuance or denial of encroachment permit.
A. Following the receipt of an application for encroachment permit submitted pursuant to the provisions of this cChapter, the Director shall cause an inspection to be made of each location proposed by the applicant for the installation or maintenance of a newspaper dispensing device. The inspection fee established by resolution of the City Council shall be deemed to cover all newspaper dispensing devices proposed by the applicant to be installed or maintained on any one block.
C. The encroachment permit may authorize less than all of the locations proposed by the applicant for the installation or maintenance of newspaper dispensing devices. If a proposed location is disapproved by the Director, the applicant shall be given written notice of the reasons for such disapproval. The applicant shall have the right to a hearing on such determination in accordance with the provisions of Section 16.24.160.
Disapproval of a proposed location shall not preclude the applicant from subsequently submitting a new and additional application for encroachment permit designating another proposed location. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC Section 2.08.90.
16.24.060 Encroachment permit identification tags.
B. The encroachment permit identification tag shall be valid for a period of one year after date of issuance. At the expiration of the initial one-year period, and annually thereafter, the Director shall cause to be issued renewal identification tags upon application by the permittee, payment of such renewal and inspection fees as may be established by resolution of the City Council, and a determination by the Director that each location authorized by the encroachment permit and each newspaper dispensing device continues to comply with the standards and requirements set forth in Sections 16.24.080 and
16.24.090, respectively, of this cChapter.
16.24.070 Identification required on newspaper dispensing devices.
The permittee under an encroachment permit issued pursuant to this cChapter shall cause to be affixed to each newspaper dispensing device installed or maintained at a location authorized by such encroachment permit the following:
10. Within five feet of a curb painted in accordance withpursuant to local parking regulations, pursuant to California Vehicle Code Section 21458;
16. In any City right-of-way within 150 feet of any doorway of an essential public facility, unless such dispensing device was already located at said location as of the date of this ordinance, and written permission to maintain the newspaper dispensing device within 150’ of the public facility has been granted by the agency occupying said public facility; and,
B. No more than eight newspaper dispensing devices shall be located on any public right- of-way within a space of 200 feet in any direction within the same block of the same street.
No more than sixteen newspaper dispensing devices shall be located on public right-of- way on any one block unless the Director has established a higher limit pursuant to this sSubsection. The Director shall, upon request of any encroachment permit applicant, perform an engineering study to determine whether the public right-of-way on a particular block can accommodate more than sixteen newspaper dispensing devices installed in compliance with sSubsection A above. If the study concludes that more than sixteen newspaper dispensing devices can be accommodated, then the Director shall prescribe a higher limit and such limit shall apply to that particular block. The encroachment permit applicant requesting the study shall pay an engineering study fee to cover the cost of the study.
16.24.090 Standards for the installation, use and maintenance of newspaper dispensing devices.
K. No newspaper dispensing device shall display or exhibit in a public place, other than a location from which minors are excluded, any material which is harmful to minors unless a device commonly known as a “blinder rack” is placed in front of the materials or the material is otherwise displayed or exhibited so that the lower two-thirds (2/3) thereof is not exposed to public view. For purposes of this sSubsection, “material which is harmful to minors” shall mean “harmful matter” as defined in California Penal Code Section 313 as currently in effect and as may hereafter be amended.
16.24.100 Resolution of conflicts regarding proposed locations.
A. If implementation or enforcement of the provisions of this cChapter requires the Director to disapprove any proposed location for a newspaper dispensing device so as to establish or maintain any numerical or other restrictions set forth in Section 16.24.080, and competing claims for the same or an adjacent proposed location cannot be resolved by negotiations with the applicants or permittees involved, the Director shall be guided solely by the following criteria and categorical priorities in issuing an encroachment permit:
16.24.120 Notices of violation.
A. Unless a violation necessitates immediate impoundment of the newspaper dispensing device pursuant to Section 16.24.130, the Director shall notify any permittee or other person who installs, uses or maintains a newspaper dispensing device in violation of the provisions of this cChapter that unless the violation is corrected or a hearing requested, the newspaper dispensing device will be impounded. Such notice shall be given by mail to the permittee or other responsible person, or, if no permittee or other responsible person can be identified, by affixing a notice to the newspaper dispensing device.
Impoundment shall be authorized hereunder unless the violation is corrected or a hearing is requested within seven business days after the date on which notice is given by mail or affixed to the newspaper dispensing device.
B. Notwithstanding sSubsection A, if a violation of Section 16.24.080 is involved, the Director may immediately correct any such violation, and shall do so without impounding, if such correction can be accomplished easily, quickly and without expense to the city.
16.24.130 Removal and impoundment of newspaper dispensing devices.
A. Notwithstanding any other provision of this cChapter, the Director may immediately remove and impound any newspaper dispensing device in violation of this cChapter where one or more of the following is involved:
2. A notice has been affixed to the newspaper dispensing device by the Director pursuant to this cChapter, and the permittee has neither caused the violation to be corrected nor requested a hearing within the time specified in Section 16.24.120.
B. Whenever any newspaper dispensing device is removed and impounded pursuant to paragraphs 1 or 2 of sSubsection A above, written notice of such action shall be mailed to the permittee by the Director within three working days after such removal and impoundment. The permittee may thereafter request a hearing pursuant to the provisions of Section 16.24.160.
16.24.140 Return of impounded newspaper dispensing devices.
A. Unless the newspaper dispensing device and its contents are being held as evidence in a criminal prosecution, the permittee or, if there is no known permittee, a claimant who provides sufficient proof of ownership of an impounded newspaper dispensing device may, at any time up to and including the thirtieth day after the impounding, or, if a hearing by the city manager or an administrative hearing officer, pursuant to this cChapter is requested and held concerning the newspaper dispensing device, may, at any time up to and including, the thirtieth day after the decision at such hearing becomes final, obtain a return of the newspaper dispensing device and its contents, upon paying an impound fee, including the reasonable costs of removal and storage by the City, in an amount established by resolution of the City Council.
B. The city manager or the administrative hearing officer may, after conducting any hearing in accordance withpursuant to this cChapter, order the newspaper dispensing device returned without payment of any impound fee, or, if an impound fee has previously been paid, may order the refund of any such impound fee.
16.24.150 Disposal after impoundment.
If a hearing on the impounding of a newspaper dispensing device is not timely requested, or if the newspaper dispensing device is not returned in accordance withpursuant to the provisions of this cChapter, the Director may sell or otherwise dispose of the newspaper dispensing device and its contents. The proceeds, if any, from any such sale or other disposition, and any moneys contained in such newspaper dispensing device, shall be delivered to the Director of Finance and shall be credited to the general fund of the City.
16.24.160 Hearings on impoundment.
A. Any permittee or other person installing or maintaining a newspaper dispensing device in violation of this cChapter or any person aggrieved by a determination of the Director may request in writing a hearing before the city manager within the following time periods:
1. If a notice of violation has been issued by the Director pursuant to Section 16.24.120, within the time periods specified in sSubsection A of Section 16.24.120. A timely request for a hearing made prior to any impounding shall operate to stay any impounding until five working days after the final determination is rendered by the city manager, unless further stayed pending any appeal therefrom.
2. If removal and impoundment has occurred pursuant to Section 16.24.130, within 30 days after the date of written notice of such action as required by sSubsection B of Section
16.24.130.
C. At the hearing, any person may present evidence or argument as to whether the newspaper dispensing device was in violation of this cChapter, whether it was properly removed and impounded, and whether it should be returned without payment of an impound fee. Such hearing need not be conducted in accordance withpursuant to technical rules relating to evidence and witnesses.
16.24.170 Appeal after hearing.
A. Any permittee or other person who requested a hearing pursuant to Section 16.24.160 may, within ten (10) days after notice of the city manager’s determination is given pursuant to Section 16.24.160(D), appeal such determination to the independent administrative hearing office appointed by the cCity pursuant to PMC Chapter 1.20 (Administrative Citations)PMC. The appeal shall be in writing, shall state the legal and factual basis upon which the appeal is to be based, and shall be filed with the Director.
The Director shall forthwith transmit the appeal, together with a copy of the determination and other relevant documents, to the City Clerk for hearing before the administrative hearing officer in accordance withpursuant to the provisions herein.
B. A timely appeal of the city manager’s determination shall operate to stay any impounding, pending action on the appeal by the administrative hearing officer pursuant to this section.
C. Upon receipt of the appeal, the city manager’s determination, and other relevant documents, and as soon as practical, the administrative hearing officer shall conduct a hearing. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC Section 2.08.90. The administrative hearing officer may thereafter take any of the following actions:
16.24.180 Time for compliance.
A. The provisions of this cChapter shall apply to all newspaper dispensing devices in the City, whether installed prior to or after the effective date of this cChapter or of any amendment to this cChapter. Any person who owns, controls or is otherwise responsible for the installation of any newspaper dispensing device on public rights-of-way prior to the effective date of this cChapter shall file with the Director an application for encroachment permit within thirty (30) days after the effective date of this cChapter, subject to the provisions of sSubsection B hereof. Any person who owns, controls or is otherwise responsible for the installation of any newspaper dispensing device on public rights-of- way prior to the effective date of any amendment to this cChapter shall bring such device into conformance with the amendment within ninety (90) days after the effective date of the amendment, subject to the provisions of sSubsection B hereof.
B. Compliance with this cChapter may, in the discretion of the Director, be extended for a period not exceeding six (6) months if the Director determines, upon the basis of information submitted, that undue hardship would otherwise result. Such information shall be submitted to the Director within thirty (30) days after the effective date of this cChapter or the effective date of the amendment to this cChapter that results in the newspaper dispensing device being nonconforming.
C. Any person who owns, controls or is otherwise responsible for the installation of any newspaper dispensing device upon the public right-of-way and who fails or refuses to file with the Director an application for encroachment permit, or to bring the device into conformance with an amendment to this cChapter, within the time periods specified in this sSection shall be in violation of this cChapter.
16.24.190 Cumulative remedies.
The remedies available to the City for violations of this cChapter, as set forth in Sections
16.24.120 and 16.24.130 hereof, are cumulative and in addition to other penalties provided for in the Highway Permit ordinance.
16.24.195 Fees.
All fees provided for in this cChapter shall be set by City Council resolution and shall not exceed the City’s reasonable administrative costs.
16.24.200 Severability.
If any provision of this cChapter or the application thereof to any person or circumstance is held to be invalid, or unconstitutional, such invalidity or unconstitutionality shall not affect any other provision or application of this cChapter which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this cChapter are declared to be severable. The City Council hereby declares that it would have adopted and passed this cChapter, and each sSection, sSubsection, sentence, clause, phrase, and word hereof, irrespective of the fact that one or more of the other sSections, sSubsection, sentences, clauses, phrases or words hereof be declared invalid or unconstitutional.
12.12.010 Definitions.
As used in this cChapter, unless the context otherwise clearly indicates, each of the following words or terms shall have the meaning ascribed to it in this sSection:
(B) “Person” means any individual, association, firm, partnership, joint venture, corporation, organization, municipality, cCounty, district or political subdivision.
12.12.020 Permit required.
No person shall organize, conduct, promote or manage any parade in or over any street, park or other public place in the City without first obtaining a permit from the City Engineer in accordance withpursuant to the provisions of this cChapter.
12.12.030 Application for permit.
(A) The application for a permit to organize, conduct, promote or manage a parade shall be on a form provided by the City Engineer and shall contain or be accompanied by the following:
(8) The distance proposed to be maintained between units of the parade; and,
12.12.040 Permit issuance.
(A) Following the receipt of an application for permit submitted pursuant to the provisions of this cChapter, the City Engineer shall review and evaluate said application and all information and documentation submitted in connection therewith. A permit shall be issued by the City Engineer upon a determination that the following standards will be met:
(8) Prior to issuance of the permit, the applicant shall provide to the City Engineer satisfactory evidence of having obtained a policy of public liability insurance from a company authorized to transact business in the sState of California. The policy of public liability insurance shall be maintained at all times the permit is in effect and shall:
12.12.050 Alternate dates, times and routes.
If the conduct of the parade on the date, time and route as proposed by the applicant is determined by the City Engineer to be inconsistent or in conflict with compliance with any or all of the standards set forth in PMC Section 12.12.040(A), the City Engineer may recommend to the applicant an alternate date, time or route. Upon applicant’s written acceptance thereof, the City Engineer may further process the application and issue the permit.
12.12.060 Contents of permit.
A permit issued by the City Engineer pursuant to the provisions of this cChapter shall set forth the following:
(E) The maximum length of the parade in terms of miles or fractions thereof; and,
12.12.080 Notification of permit denial.
Within seven days after the filing of an application pursuant to this chapter, the City Engineer shall act thereon. If the City Engineer determines that a permit should not be issued, written notice shall be given to the applicant setting forth the reasons for such denial, consistent with the provisions of PMC Section 12.12.040(A).
12.12.090 Appeal from permit denial.
Within five days after notice of denial of a permit is given by the City Engineer, the applicant may appeal such determination to the administrative hearing officer appointed pursuant to PMC Chapter 1.20 (Administrative Citations)PMC. The appeal shall be in writing, shall state the legal and factual basis upon which the appeal is based, and shall be filed with the City Clerk to be set for hearing within 60 days of the date of the appeal.
12.12.100 Appeals hearings.
(A) Upon receipt of an appeal filed in the time and manner set forth in PMC Section
12.12.090 (Appeal from permit denial) , and receipt of the City Engineer’s determination and other relevant documents, the administrative hearing officer shall, as soon as may be practical, conduct a hearing and may thereafter take any of the following actions:
(1) Approve, reverse or modify the determination of the City Engineer; or, (2) Refer the matter back to the City Engineer with or without instructions.
12.12.110 Duties of the permittee.
(B) The permittee shall comply with all terms and conditions of the permit, all applicable laws and regulations of the sState of California, and all applicable ordinances and regulations of the City.
12.12.120 Revocation of permit.
The City Engineer shall be authorized to revoke any permit previously issued under the provisions of this cChapter under any of the following circumstances:
12.12.130 Waivers and exemptions.
No waiver of or exemption from any provision of this cChapter shall be granted except upon application to and approval by the City Council.
12.12.140 Penalty for violation.
The violation of any provision of this cChapter shall be a misdemeanor punishable as provided for in this code.in PMC Chapter 1.12 (Penalty Provisions).
12.16.010 Definitions.
As used in this cChapter, certain terms are defined as follows:
(C) Neither “advertising structure” or “sign,” as used in this chapter, includes:
(2) Notices posted by any public officer in performance of a public duty, or by any person in giving legal notice; and,
(3) Directional, warning, or information signs or structures required or authorized by law or by fFederal, sState, or municipal authority.
(D) “Freeway” is deemed to mean a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which the owners have only limited or restricted right or easement of access, and which is declared to be such in compliance with the Streets and Highways Code of the sState.
12.16.020 Prohibited displays.
No advertising displays shall be placed or maintained on property adjacent to a section of freeway which has been, or hereafter may be, landscaped as defined in PMC Section
12.16.010 (Definitions), if the advertising display is designed to be viewed primarily by persons traveling on the landscaped section of a freeway.
12.16.030 Exceptions.
The provisions of PMC Section 12.16.020 (Prohibited displays) shall not apply to any of the following listed advertising structures or signs used exclusively:
(B) To designate the name of the owner or occupant of the premises upon which the advertising display is placed or to identify the premises; or,
12.16.040 Removal.
Any advertising structure or sign which is now, or hereafter may be, in violation of the provisions of PMC Section 12.16.020 (Prohibited displays) shall be removed within three years from the effective date of the ordinance codified in this cChapter or within three years from the date when the project for the landscaping of a section or sections of a freeway have been completed or accepted, and the character of the section or sections have been changed from a freeway to a landscaped freeway, whichever is later.
12.20.010 Compliance required.
Written materials will be approved for displaying, placing or posting only if the materials conform to the criteria set out in this cChapter.
12.20.020 Definitions.
(A) The terms “City facility” and “City facilities” mean any real or personal property owned or leased by the City of Palmdale.
12.20.080 Penalty for violation.
Every person who violates any of the provisions of this cChapter is guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted, and upon conviction is punishable by a fine not exceeding $500.00 or by imprisonment in the County Jail for a period not to exceed six months or by both such fine and imprisonment.
12.24.010 Definitions.
As used in this cChapter:
12.24.020 Prohibited parking or display.
(B) Upon any roadway for the principal purpose of painting, greasing or repairing a vehicle or property thereon except repairs necessitated by emergency; or,
12.24.030 Violation – Removal authorized.
(A) Any person violating or failing to comply with any provision, regulation, or requirement of this cChapter shall be deemed guilty of a violation pursuant to PMC Chapter 1.12 (Penalty Provisions)PMC.
12.24.040 Exceptions – Parking or display on private residential property.
Notwithstanding anything herein to the contrary, this cChapter shall not prohibit any person from parking, for the purpose of displaying for sale, up to two vehicles on (1) privately owned property if such property is zoned for residential use and such person resides on such property or (2) the public street immediately adjacent to such private property.
12.30.010 Purpose – Declaration of nuisance.
Many retail establishments provide shopping carts for the convenience of customers while shopping on the premises of such businesses. However, shopping carts removed from the premises of such businesses and left abandoned on public or private property throughout the City constitute a public nuisance and a potential hazard to the health and safety of the public. The proliferation of lost, stolen or abandoned shopping carts on public and private property causes blighting conditions in the community, results in the obstruction of free access to public and private sidewalks, streets, parking lots and other ways, interferes with pedestrian and vehicular traffic on public and private streets, and impedes emergency services. For the aforesaid reasons, such lost, stolen or abandoned shopping carts are declared to be a public nuisance which shall be subject to abatement in the manner set forth in this cChapter or in any other manner provided by law. The purpose of this cChapter is to set forth regulations to ensure that reasonable measures are taken by the owners and operators of businesses which provide shopping carts for the convenience of customers to deter the removal of shopping carts from business premises and parking lots, and provide for the prompt retrieval of lost, stolen or abandoned shopping carts, to complement and supplement provisions of sState law, and to adopt local regulations to the extent not otherwise preempted by sState statute.
12.30.020 Definitions.
Except as otherwise expressly set forth herein, the following words and terms as used in this cChapter shall have the following meanings:
(A) “Abandoned shopping cart” means a shopping cart which is either (1) removed from the premises of a retail establishment by any person without the written permission or consent of the owner of the shopping cart or the retailer otherwise entitled to possession of such cart, or (2) left unattended, discarded or abandoned upon any public or private property other than the premises of the retail establishment from which the shopping cart was removed, regardless of whether such shopping cart was removed from the premises with the permission of the owner. For purposes of this cChapter, any shopping cart located on any public or private property other than the premises of the retail establishment from which such shopping cart was removed shall be presumed lost, stolen or abandoned, even if in the possession of any person, unless such person in possession thereof either (1) is the owner, or an employee or authorized agent of the owner, entitled to possession of the shopping cart, (2) is an officer, employee or agent of a cart retrieval service hired by the owner to retrieve such carts, or (3) is an enforcement officer retrieving, storing or disposing of the cart pursuant to the provisions of this cChapter. (B) “Cart control plan” means a written plan, developed in accordance withpursuant to PMC Section 12.30.060 (Shopping cart control plan)and approved by the City, to prevent customers from removing shopping carts from the premises of a retail establishment without authorization of the owner and to provide for the prompt retrieval of any abandoned shopping cart.
(C) “Director” means the Director of Economic and Community Development Planning of the City, or his designee.
(D) “Enforcement Officer personnel” means any person authorized to issue citations as set forth in PMC Section 1.16.010 (Issuance of citations by designated employees).
12.30.030 Shopping cart signs required.
(A) Each shopping cart used within the City shall have a permanently affixed, and clearly visible, sign that:
(4) Notifies the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of sState law.
(B) It shall be the responsibility of each shopping cart owner to comply with sSubsection (A) of this sSection, and to continuously maintain, or cause to be maintained, the required sign in such a manner that the required information is accurate, current, and clearly legible.
12.30.040 Unauthorized removal or possession of a shopping cart. (A) It is unlawful to do any of the following acts, if a shopping cart has a permanently affixed sign as provided in PMC Section 12.30.030 (Shopping cart signs required):
(B) This sSection shall not apply to the owner of a shopping cart or to a retailer, or to their agents or employees, or to a customer of a retail establishment who has written consent from the owner of a shopping cart or a retailer to be in possession of the shopping cart or to remove the shopping cart from the premises or the parking area of the retail establishment, or to do any of the acts specified in sSubsection (A) of this sSection. (C) In any civil proceeding, any shopping cart which has a sign affixed to it pursuant to PMC Section 12.30.030 (Shopping cart sign required) shall establish a rebuttable presumption affecting the burden of producing evidence that the property is that of the person or business named in the sign and not abandoned by the person or business named in the sign.
(D) In any criminal proceeding, it may be inferred that any shopping cart which has a sign affixed to it pursuant to PMC Section 12.30.030 (Shopping cart sign required) is the property of the person or business named in the sign and has not been abandoned by the person or business named in the sign.
12.30.050 Abatement, removal and storage of abandoned shopping cart. (A) The City Manager, or his or her designee, is authorized to abate, remove and store abandoned shopping carts found within the City. Procedures relating to the abatement, removal and storage of abandoned shopping carts shall be pursuant to Section 22435.7 of the California Business and Professions Code.
12.30.060 Shopping cart control plan.
(A) Except as otherwise provided in this cChapter, every owner who provides shopping carts to customers for use on the premises of any retail establishment shall develop, implement and comply with the provisions of a written plan approved by the City designed to prevent customers from removing shopping carts from the premises of the retail establishment without authorization of the owner and to provide for the prompt retrieval of any abandoned shopping cart.
(B) The shopping cart control plan shall be designed to effectively prevent the removal of shopping carts from the retail establishment. The owner shall have the obligation to provide demonstrable evidence to the Director Enforcement Officer the elements proposed will be effective. The plan shall include the following elements:
(1) Signs Affixed to Carts. Every shopping cart made available for use by customers shall comply with the sign requirements of PMC Section 12.30.030 (Shopping cart sign required).
(2) Signs Posted on Premises. Conspicuous signs, in both English and Spanish, shall be placed and maintained on the premises near all customer entrances and exits and throughout the premises, including the parking area, warning customers that removal of shopping carts from the premises is prohibited by sState law. (5) Employee Training. The owner of the retail establishment shall implement and maintain a periodic training program for its new and existing employees designed to educate such employees concerning the requirements of the cart control plan and the provisions of sState law prohibiting the unauthorized removal of shopping carts from the premises of the retail establishment. The cart control plan shall expressly describe the employee training program.
(7) Shopping Cart Retrieval. The cart control plan shall include provisions for the retrieval of abandoned shopping carts. The cart retrieval element should identify the following:
(b) Retrieval Area. The owner shall provide retrieval personnel in sufficient number to assure that all public streets within a minimum one and one-half mile radius of the premises of the retail establishment are patrolled not less often than every 48 hours, and all bus stops within a minimum one and one-half mile radius of the retail establishment are patrolled not less often than every 24 hours, and each abandoned shopping cart owned or provided by the retail establishment which is found as a result of such patrols is immediately retrieved and removed from any public or private property upon which the cart is found. The cart control plan shall identify the perimeter streets and bus stops in which all streets within the perimeter area will be patrolled as required by this sSubsection; the manner, frequency and times of such patrols; and the procedures to be employed by the retail establishment to identify and retrieve any abandoned shopping carts. The cart control plan shall identify the number of trucks, hours of operation of the retrieval personnel, and such other information as reasonably required by the City to assure that the owner is devoting sufficient resources to cart retrieval operations to comply with the provisions of this sSection and the approved cart control plan. (D) Exemption. The requirements of this sSection shall not apply to any retail establishment that provides a total of 10 or less shopping carts for use by customers.
12.30.070 Shopping cart control plan approval.
(A) New or Relocated Retail Establishments. Unless exempt, each new retail establishment, and any existing retail establishment relocating to a different location within the City, shall submit a proposed shopping cart control plan complying with the requirements of PMC Section 12.30.060 (Shopping cart control plan) to the Director Enforcement Officer and obtain approval thereof by the City, prior to providing any shopping carts to customers of the retail establishment. Each proposed shopping cart control plan shall be accompanied by a processing fee in an amount as set by resolution of the City Council. No proposed plan shall be accepted for filing and processing by the Director unless accompanied by the processing fee established by the City Council. (B) Existing Retail Establishments. Unless exempt, each existing retail establishment shall submit a proposed plan complying with the requirements of PMC Section 12.30.060 (Shopping cart control plan) to the Director Enforcement Officer within 180 calendar days following the date of adoption of this cChapter. Each proposed plan shall be accompanied by a processing fee in an amount as set by resolution of the City Council. No proposed plan shall be accepted for filing and processing by the Director Enforcement Officer unless accompanied by the processing fee as established by the City Council. (C) Plan Review and Approval. Upon the filing of any proposed shopping cart control plan pursuant to PMC Section 12.30.060 (Shopping cart control plan) or a request for renewal of an approved shopping cart control plan pursuant to PMC Section 12.30.090 (Shopping cart control plan renewal) , and receipt of the required processing fee, the Director Enforcement Officer shall review the proposed plan and either approve or deny approval of the proposed plan within 30 calendar days following the receipt thereof by the Director Enforcement Officer. The Director Enforcement Officer may deny a plan based upon any of the following grounds:
(1) Implementation of the plan violates any provision of the building, zoning, health, safety, fire, police or other provision of this code or any cCounty, sState or fFederal law that substantially affects public health, welfare, or safety; (2) The plan fails to include all of the information required by this cChapter; (6) Implementation of the plan violates a term or condition of a plan or other requirement of this code; or,
(D) The decision of the Director Enforcement Officer shall be made in writing and notice thereof shall be transmitted to the owner of the retail establishment by the United States Postal Service, first-class mail, postage prepaid, or by personal delivery or fax transmission. The notice of decision of the Director Enforcement Officer shall be deemed given to the owner on the date of personal delivery or on the date of the fax transmission to the owner. Notices given by the United States Postal Service, first-class mail, postage prepaid, shall be deemed given to the owner on the fifth day following the date of deposit in the course of transmission with the United States Postal Service, first-class mail, postage prepaid. If the proposed plan is denied, the notice of decision given to the owner shall state the grounds upon which the proposed plan was denied. If the plan is rejected as incomplete or inadequate, the Director Enforcement Officer shall indicate areas of incompleteness or inadequacy, and the owner shall have an additional 30 days in which to resubmit a complete and adequate plan. The decision of the Director Enforcement Officer is final.
12.30.080 Shopping cart control plan modification.
(A) Amendments by Owner. The owner of any retail establishment which has an approved shopping cart control plan conforming to the requirements of this chapter may, at any time, submit a proposed amendment to the approved plan, which amendment shall be processed in accordance withpursuant to the procedure provided for a proposed shopping cart control plan as set forth in PMC Section 12.30.070 (Shopping cart control plan approval). Each proposed amendment shall be accompanied by a processing fee in an amount as set by resolution of the City Council. No proposed amendment shall be accepted for filing and processing by the Director Enforcement Officer unless accompanied by the processing fee as established by the City Council. (B) Revocation or Amendment by City. An approved shopping cart control plan may be revoked by the Director Enforcement Officer , or modified in lieu of revocation in the exercise of the Director Enforcement Officer sound discretion, upon any of the following grounds:
(1) The owner of any retail establishment is operating, or is permitting operation of, the retail establishment in violation of one or more of the provisions of the approved shopping cart control plan and has failed to correct the violation(s) for a period of at least 15 calendar days following the date of receipt of written notice of such violation(s) from the City; or
(2) The owner of any retail establishment with an approved shopping cart control plan is operating, or is permitting the operation of, the retail establishment in violation of one or more of the requirements of this chapter and has failed to correct the violation(s) for a period of at least 15 calendar days following the date of receipt of written notice of such violation(s) from the City; or
12.30.090 Shopping cart control plan renewal.
(A) Prior to the expiration of an approved shopping cart control plan, the owner of any retail establishment holding an approved shopping cart control plan shall submit to the Director Enforcement Officer a request for renewal. Each request for renewal shall be accompanied by a processing fee in an amount as set by resolution of the City Council.
No request for renewal shall be accepted for filing and processing by the Director Enforcement Officer unless accompanied by the processing fee as established by the City Council.
(C) Requests for renewal shall be processed in accordance withpursuant to PMC Section
12.30.070(C) and the decision of the Director Enforcement Officer shall be made in accordance withpursuant to PMC Section 12.30.070(D).
12.30.100 Enforcement.
Any person violating any of the provisions of this cChapter shall be punishable as set forth in PMC Title 1 (General Provisions). Where the conduct constituting the violation is of a continuing nature, each day that the conduct continues shall be deemed a separate and distinct violation.
12.32.010 Findings.
The City Council finds, determines and declares as follows:
(A) Regulations as set forth in this cChapter are required so as to permit drainage facilities and structures located on publicly and privately owned properties within the City to be free and clear of all trash, debris, vegetation and other material which would, or might, impede the free flow of storm waters therein; and
(C) This cChapter is necessary in order to eliminate such conditions; damage to properties and possible injury to persons will result unless the ordinance codified in this chapter is immediately adopted; and
(D) The public interest, convenience and necessity require the immediate adoption of the ordinance codified in this cChapter.
12.32.030 Penalty for violation.
A violation of any provision of this cChapter shall be deemed to be a misdemeanor, and shall be punishable by a fine of not more than $500.00, or by imprisonment in the County Jail for not more than six months, or both. Each day during any portion of which any violation of any provision of this code is committed or permitted shall be deemed to be a separate offense.
13.02.010 Purpose of sanitary sewer and industrial waste ordinance provisions.
The provisions of the sanitary sewer and industrial waste ordinance codified in this Ttitle shall apply to the discharge, deposit or disposal of all wastes, including any material which may cause pollution of underground or surface waters, in, upon or affecting the City of Palmdale; and the design, construction, alteration, use and maintenance of public sewers and house laterals, industrial connection sewers, water pollution control plants, sewage pumping plants, industrial liquid-waste pretreatment plants, sand and grease interceptors, and appurtenances; the issuance of permits and the collection of fees therefor, and fees to pay the cost of checking plans, inspecting the construction and making record plans of the facilities permitted hereunder or as provided elsewhere in this code; and providing penalties for violation of any of the provisions of this Ttitle.
13.02.020 Definitions applicable to title.
The definitions in this cChapter shall govern the construction of this Ttitle and any permits issued thereunder unless otherwise apparent from the context or as identified separately in this cChapter.
“Categorical pretreatment standards” means limitations on pollutant discharges to publicly owned treatment works promulgated by EPA pursuant to in accordance with Section 307 of the Act that apply to specific process wastewaters or particular industrial categories (40 CFR 403.6 and 405 through 471).
“Cesspool” means a lined excavation in the ground which receives the discharge of a drainage system, or part thereof, so designed as to retain the organic matter and solids discharging therein, but permitting the liquids to seep through the bottom and sides, and constructed pursuant to the provisions of PMC Section 8.04.600 (Adoption of the Palmdale Plumbing Code) et seq.
“Director” means the Director of Public Works of the City of Palmdale, or his /her authorized deputy, agent, or the employee designated by the City Manager to act as the Director of Public Works or inspector unless otherwise specifically defined. “Illicit discharge” means any discharge to the sanitary sewer system that is prohibited under local, sState, or fFederal statutes, ordinances, codes, or regulations. Illicit discharges include all non-domestic sewage discharges not permitted under the provisions of this title and discharges through connections to the sanitary sewer system, either directly or through satellite collection systems, not authorized pursuant to PMC Chapter 13.08 (Permits, Fees, Design and Inspection Requirements)PMC , sanitary sewers.
(2) Is therefore a cause of a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent sState or local regulations):