Chapter 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Chapter II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including the sState regulations contained in any sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, and the Marine Protection, Research and Sanctuaries Act.
“National categorical pretreatment standard,” “NCPS,” “national pretreatment standard,” “pretreatment standard,” or “standard” means any regulation containing pollutant discharge limits promulgated by the EPA in accordance withpursuant to Chapters 307(b) and (c) of the Act which applies to industrial users. This term includes prohibitive discharge limits established pursuant to Chapter 403.5 of Chapter 40 of the Code of Federal Regulations.
“Publicly owned treatment works” or “POTW” means a treatment works as defined by Title 212 of the Act, which is owned by a sState or municipality (as defined by Title 502(4) of the Act). This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant (40 CFR 403.3).
(1) “Wye saddle” means a short pipe-fitting with a shoulder at one end to allow the application of the fitting to a hole tapped in the mainline sewer such that the short pipe shall form a 45-degree angle from the mainline sewer pipe; or, (1) All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR cChapter I, subchapter N; and,
“Wye” or “Y” means a fitting for a branch on which the spur joins the barrel of the pipe at an angle of approximately 45 degrees.
13.02.030 Time limits – Extension permitted when.
Any time limit provided for in the provisions of this Ttitle may be extended by mutual written consent of both the City and the permittee or applicant, or other person affected, except as otherwise provided.
13.02.040 Responsibility and maintenance of facilities – Applicability of provisions.
The requirements contained in this Ttitle covering the maintenance of sanitary sewer collection system pipelines, sewage pumping plants, industrial waste pretreatment plants, or other appurtenances shall apply to all such facilities now existing or hereafter constructed.
(A) Responsibility and Maintenance for House Laterals and Industrial Connection Sewer.
Each property owner is responsible for the installation, repair and maintenance of the entire house lateral or industrial connection sewer up to and including the wye or tee in the City’s main line. Each owner shall keep his /her house lateral/industrial connection sewer in good working order at his /her own expense and is responsible for damage to any of the City’s property which results from the owner’s use, repair or maintenance of the house lateral or industrial connection sewer within the control and responsibility of the owner. If repair and maintenance of the house lateral or industrial connection sewer extends into the mainline sewer at the sewer line tap, then the sewer tap repair at the main line becomes the responsibility of the City and no such repairs shall be done without the permission and approval of the City. All house laterals or industrial connection sewer shall be maintained by the owners thereof in a safe and sanitary condition, and all devices or safeguards which are required by this title for the operation of such facilities shall be maintained in good working order.
13.02.050 Inspection to ascertain compliance – Access required – Acceptance of permit conditions.
(A) The City may inspect, as often as City deems necessary, every mainline or public sewer, sewage pumping plant, industrial waste pretreatment plant or facility, industrial sewer connection, interceptor, or other similar appurtenances to ascertain whether such facilities are maintained and operated in accordance withpursuant to the provisions of this Ttitle. All persons shall permit and provide the City with access to all such facilities at reasonable times.
(B) An applicant by accepting a permit issued pursuant to this Ttitle does thereby consent and agree to entry upon the premises described in the permit by the City at all reasonable times for the purpose of:
13.02.060 Notice service procedures.
Unless otherwise provided herein, any notice required to be given by the City under this Ttitle shall be in writing and served in the manner provided in the Code of Civil Procedure for the service of process, or by registered or certified mail. If served by mail, the notice shall be sent to the last address known to the City. Where the address is unknown, service may be made as above provided upon the owner of record of the property.
13.02.080 Limitation and notification of uncontrolled discharges required. (1) Any water, wastes or other matter which will result in the contamination, pollution or a nuisance; or,
13.02.090 Notification of uncontrolled or slug discharges required.
13.02.100 Violation – Penalty – Continued violations – Injunctive relief.
This Ttitle is enforceable as set forth in PMC Title 1 (General Provisions) and violations of this Ttitle are punishable as set forth therein.
13.05.010 Purpose.
The purpose of this cChapter is to impose a charge on users of the sanitary sewer collection system to reimburse the City for the reasonable costs of providing this service.
The cost of providing sanitary sewer collection service includes the costs of acquisition, construction, reconstruction, maintenance, repairs, replacement and operation of the sanitary sewer system and the payment of principal and interest on bonds or other debt instruments issued for the construction or reconstruction of the sanitary sewer system.
These costs are not related to expenses incurred to accommodate new development.
The amount of the charge to each property owner shall be reasonably related to the services provided by the City.
13.05.020 Definitions.
(A) “Parcel of real property” means a parcel of real property as shown on the local secured tax rolls of the cCounty of Los Angeles.
(B) “Sewage unit” means that number listed in Table A of PMC Section 13.05.130 (Table A – Sewage units for designated land uses) determined by the land use of a parcel of real property.
(C) “Sewage unit charge” means the annual charge determined by dividing the annual revenue requirement to provide sewer collection services by the total number of sewage units from all properties within the City of Palmdale corporate boundaries.
13.05.030 Charge for sewer collection service.
There is hereby adopted and imposed a sewer collection service charge in the amounts as set forth herein and all persons whose real property is served by a connection to the City sewer system shall pay such charge pursuant to the provisions of this cChapter. The charges established and imposed herein are applicable only to parcels of real property to which a City sewer main is connected.
13.05.040 Computation.
The amount of the sewer collection service charge for each parcel of real property is computed by determining the total cost to the City to provide sewer collection services, dividing that total by the number of sewer units within the City, which result constitutes the sewage unit charge. The sewage unit charge is then multiplied by the number of sewage units allocated to a specific parcel based on the then current land use of such parcel, as shown in Table A, set forth in PMC Section 13.05.130 (Table A – Sewage units for designated land uses) , which result constitutes the annual sewer collection service charge for such parcel.
13.05.060 Sewer enterprise fund established.
There is hereby established a sewer enterprise fund in the financial records of the City.
All fees and charges imposed, levied and collected pursuant to this cChapter shall be deposited into the sewer enterprise fund. Nothing herein shall prevent the City from depositing other revenues in the sewer enterprise fund. The Director of Finance may establish such subaccounts within the sewer enterprise fund as may be necessary to properly account for collections and expenditures of the sewer collection service charges.
The sewer collection service charges shall be used for the purposes allowed by law.
13.05.070 Power to inspect premises.
In order to enforce the provisions of this cChapter and pursuant to Section 6523.2 of the California Health and Safety Code of the sState, the City’s Director of Public Works shall have the power and authority to enter upon private property for the purpose of inspection and maintenance of sanitary and waste disposal facilities, including, but not limited to, ascertaining the nature of such premises, the type of activities carried on therein, the number of plumbing fixtures situated therein, and any other facts or information reasonably necessary to ascertain the applicability of any charges to such premises, or the amount of such charges.
13.05.080 Collection of charges on tax roll.
(D) The sewer service charges for any and all governmental or public premises or for any premises which are not subject to taxation on the tax roll shall be collected in accordance withpursuant to other provisions of this cChapter.
(E) If any parcel of real property for which a sewer collection service charge is owed is omitted from the report to the auditor or the tax roll, either because the charge therefor shall not have yet been ascertained by the Director of Public Works as of the date of the report or for any other reason, the sewer collection service charge for each such parcel shall be collected in accordance withpursuant to other provisions of this cChapter.
13.05.090 Alternate method of collection.
Sewer collection service charges imposed under the provisions of this cChapter against owners of property not subject to taxation on the tax roll and against owners whose property is omitted from the report filed with the auditor or from the tax roll shall be billed on an annual or semiannual basis as determined by the Director of Public Works/designee, and shall be payable upon the billing of such charges to the owner. Bills for such sewer collection service charges are due and shall become delinquent 30 days after the date the bill is mailed and a penalty of 10 percent of the amount of such charge shall be added thereto and in addition shall bear interest at the rate of one and one-half percent per month for each month or portion thereof that said charge remains unpaid after becoming delinquent. Delinquent charges, interest and penalty shall constitute a lien upon the real property served (except publicly owned property), and such lien shall continue until the charge and all penalties and interest thereon are fully paid.
13.05.100 Disputed bills.
If any owner disputes the amount of the annual sewer collection service charge, the number of sewage units allocated to his or her parcel of real property, or the computation of the sewer collection service charge based on that number of units, such owner may submit, at or before the public hearing on the annual report, a protest or objection with the Director of Public Works accompanied by detailed supporting factual data in support of the claim. It shall be the duty of each such owner to provide evidence to the Director of Public Works showing that such charge, number of sewage units and/or computation by the City is in error and the correct amount thereof. If the Director of Public Works, after consulting with the City Engineer and Planning Director, determines that the number of units allocated or the computation was in error, the Director of Public Works shall make the necessary corrections to the report. Failure to protest or object within the time specified herein shall be deemed acceptance of the correctness of the charge, the number of units allocated and the computation of the charge and the adoption of the report by the City Council shall be final.
13.05.110 Adjustments.
(A) It is the intent of the provisions of this cChapter, in establishing different sewer service charges for different categories of properties, to reflect the benefit from such service to each parcel of real property. If, in respect to any customer, the Council should find that the charge is inequitable, or unfair because of unusual circumstances, it may establish a special service charge for such customer, differing from those otherwise established, which will bear a closer relationship to the benefit received from the City system. Such special charge may be revoked at any time by the Council whenever it finds that continuation thereof would be inequitable or unfair under the circumstances then prevailing.
13.05.130Table A – Sewage units for designated land uses.
Table A – Number of Sewage Units for Current Land Use
Land Use
Number of Sewage
Units
Manufactured Homes
Manufactured/Mobile Homes 1.00
Manufactured/Mobile Home Parks with Pool 1.00
Manufactured/Mobile Home Parks 1.00
13.08.010 Sanitary sewer policy.
All new buildings constructed for human occupancy in the City of Palmdale shall be connected to a public sewer unless the parcel complies withis exempt per policies in the City of Palmdale General Plan General Plan Policy PS 2.2.4 . All such sewers shall be designed and constructed according to the provisions of this Ttitle and any other provisions of the PMCPalmdale Municipal Code. All sanitary sewers, including pumping stations, constructed and dedicated for public use shall be operated and maintained by the City of Palmdale and the benefitting property owner shall bear the cost thereof as provided in PMC Chapter 13.05 (Sewer Collection Service Charges)PMC.
13.08.020 Sewer permit required when – Period of validity. (A) No person other than the person specifically excepted by this cChapter shall commence, do or cause to be done, construct or cause to be constructed, use or cause to be used, alter or cause to be altered any public sewer, mainline sewer, manholes, inspection or sampling site, house lateral, sewage pumping plant, or other appurtenance thereto in the City of Palmdale without first obtaining a sewer permit from the City. (E) A sewer permit issued by the City shall expire one year from the date of issuance, except when the plans were approved in accordance withpursuant to an agreement either with another governmental agency or for a subdivision as required by PMC Title 16 (Subdivisions), and the permit shall be valid for the period specified in the agreement.
13.08.030 Permits – Issuance authorized when.
If it appears from the application for any permit required by this cChapter that the application complies with all applicable requirements and that the work to be performed thereunder is to be done according to the provisions of this title, the City, upon receipt of the fees hereinafter required, may issue such permit. No permit will be issued pursuant to this cChapter until the applicant has paid all appropriate fees and sewer collection service charges, as established from time to time by the City Council, to cover all costs including but not limited to the cost of field inspection of the proposed construction, procuring or preparing record plans, and all overhead and indirect costs.
13.08.040 Exception.
Contractors constructing, maintaining or repairing public sewers and/or sanitary sewer pumping stations pursuant to a contract with the City of Palmdale are exempt from the requirement to obtain a sewer permit.
13.08.110 No transferability of permits.
Permits issued pursuant to this cChapter are not transferable from one person to another person or from one location to another location.
Article II. Fees
13.08.120 Connection to public sewer – Payment of fees required.
Any person desiring to connect to a public sewer shall, as a prerequisite to obtaining the permits required by this cChapter, pay all fees or charges which may be required by the City of Palmdale.
13.08.130 Fees – Estimated valuation procedures.
Whenever the fees required by this cChapter are based on valuations, the City shall determine the estimated valuation in all cases, and for such purposes the City shall be guided by approved estimating practices.
13.08.140 Sewer capacity fee (connection fee) – Designated. (B) The sewer capacity fee for all uses shall be determined in accordance withpursuant to a sewer capacity fee study adopted by the City Council. (C) Sewer capacity fees as defined by this cChapter shall automatically adjust annually by the same percentage of change in the Consumer Price Index on March 1st of each year, for the All Urban Consumers, for the Los Angeles-Riverside-Orange County Area (CPI), as determined by the United States Department of Labor, Bureau of Labor Statistics, or its successor. Should the Bureau of Labor Statistics revise such index, the Director of Finance shall use the revised index or a comparable system as approved by the City Council for determining fluctuations in the cost of living. The sewer capacity fees may also be recalculated at new sewer capacity fee unit costs established from time to time by the City Council to keep pace with changing cost of construction.
13.08.160 Area and connection charges in reimbursement districts. (A) If any property is in a sewer reimbursement district, no permit shall be issued for the connection of such property to a public sewer until, in addition to any other fees required by this cChapter, all area charges and frontage charges required by this section have been paid.
(C) Additionally, if a reimbursement agreement pursuant to PMC Chapter 16.165 (Reimbursement Agreements)PMC provides for frontage reimbursement, any lot located in the frontage reimbursement area and seeking direct house connection to any public sewer shall pay a reimbursement district connection charge in the amount specified in sSection (D) of this sSection.
(D) The reimbursement district connection charge shall be computed at the rate as established from time to time by the City Council in the fee resolution or as designated in the reimbursement agreement affecting the property. If a reimbursement district connection charge is collected as provided in this sSection, then the connection charge required by PMC Section 13.08.140 (Sewer capacity fee (connection fee) – Designated) shall not be collected.
13.08.190 Consolidated sewer maintenance district withdrawal fees.
Any person who desires to place a newly constructed public sewer system in operation and connect such sewer system to that operated by the Cityof Palmdale, and the property to be so benefited is not within the City limits of the City of Palmdale, then they shall pay a charge as determined from time to time by the City Council to cover all costs incurred to accomplish a withdrawal from the consolidated sewer maintenance district and inclusion within the Cityof Palmdale sanitary sewer service area, including the necessary State of California processing fee.
13.08.200 Sewer maintenance charges.
(B) Such charge shall be computed by multiplying the sewage unit charge, as annually determined by the City Council from time to time, times the number of sewage units to be discharging from the subject property as determined in PMC Chapter 13.05 (Sewer Collection Service Charges)PMC.
13.08.220 Charges for substantial increase in public sewer capacity.
The provisions of this cChapter shall also apply to any property previously connected to a public sewer, the discharge from which is later proposed to be increased or is found to have been increased substantially beyond the proportionate share of public sewer capacity allotted to the property by the sewer permit. Any previously connected property discharging more than that permitted may be charged an additional sewer capacity fee and a charge to cover the cost of maintenance at the then-current fee or rate or any other fees and charges applicable to the substantial increase in public sewer capacity.
13.08.230 Refund procedures.
(A) In the event that any person shall have paid a fee as required under this cChapter and no work or processing has been done on these functions by the City and the project has been formally abandoned or cancelled, such person, upon presentation to the City of a request in writing, shall be entitled to a refund in an amount equal to not more than 75 percent of the fee actually paid.
Article III. Design Standards
13.08.260 Participation in project – Letter requirements. (B) All such properties listed will be exempt from the connection charge only, specified in this cChapter.
(D) Exception. The letter of participation shall not be revised after a reimbursement agreement authorized under PMC Chapter 16.165 (Reimbursement Agreements)PMC has been approved by the Council.
13.08.280Exceptions to requirements authorized when.
If a literal compliance with any engineering requirement of this cChapter is impossible or impractical because of peculiar conditions in no way the fault of the person requesting an exception, and the purposes of this cChapter may be accomplished and public safety secured by an alternate construction or procedure, and the City so finds that such alternate complies with sound engineering practice, the City may grant an exception permitting such alternate construction or procedure.
13.08.290 Plan preparation by registered civil engineer.
Any plans submitted for approval under the provisions of this cChapter shall be prepared by or under the direction of and shall be signed by a registered civil engineer of the sState of California or by a professional engineer registered in the discipline required for the type of infrastructure proposed.
13.08.300 Sewer plans.
(A) Before a sewer permit required by this cChapter may be issued, plans for the proposed construction shall be submitted to and approved by the City, unless the City determines that plans are not necessary.
13.08.310 Materials and construction – Conformity with standard specifications.
All material used in any work done under provisions of this cChapter shall be new, first- class material and shall conform to and the manner of construction shall meet all the requirements prescribed by this cChapter, by the Standard Specifications for Public Works Construction, and by the Special Provisions for the Construction of Sanitary Sewers (supplement to the Standard Specifications) and Standard Plans on file in the office of the City.
13.08.320 Sewer easement requirements.
(A) A person desiring to construct a sewer in an easement under the provisions of this cChapter shall present to the City a request for processing, sufficient information to enable the preparation of a written description, together with all applicable fees. (1) No plans shall be approved by the City for sewer facilities to be constructed by any person across the property of others; and,
Article IV. Inspections
13.08.330 Inspection by City – Requirements.
All work done under the provisions of this cChapter shall be subject to inspection by and shall meet the approval of the City; provided, however, that approval by the City shall not relieve the permittee or any other person from complying with all of the applicable provisions of this Ttitle or the Palmdale plumbing code, and no provision of this Ttitle or cChapter supersedes, affects or modifies in any way the provisions of said Palmdale plumbing code.
13.08.360 Using facilities before inspection prohibited – Exceptions.
No sewer or other facility constructed under the provisions of this cChapter may be placed in use until the work has been approved by the City and for public sewers has been accepted for maintenance by the City Council. The City may grant exceptions to this requirement only when the work is substantially complete and has been inspected, and if the City determines that the best interests of the public are served by permitting such use prior to completion of the work. Such approval, prior to completion, shall make the properties being served by the sewer subject to the sewer collection service charge required by PMC Chapter 13.05 (Sewer Collection Service Charges)PMC . The charge will be placed on the next available tax rolls for the subject properties.
13.08.380 Correction of defective work.
If the construction does not conform to the provisions of this cChapter, or if the permittee fails to prosecute the work with such diligence to ensure its completion within the time specified, the City shall notify the permittee in writing to comply. If the permittee fails to comply within five business days after the written notice, the permit shall be suspended or revoked in accordance withpursuant to the procedures set forth in this cChapter and no further work shall be done by the permittee until the suspension is removed either by correction of the work or after an appeal hearing in accordance withpursuant to the procedures set forth herein.
13.08.390 Certificate of final inspection – Conditions.
When it appears to the satisfaction of the City that all work done under the permit has been constructed according to and meets the requirements of all the applicable provisions of this Ttitle, and that all fees have been paid, the City, if requested, shall cause to be issued to the permittee constructing such work a certificate of final acceptance. The certificate shall recite that such work as is covered by the permit has been constructed according to this Ttitle and that said work is in an approved condition.
Article V. Maintenance
13.08.420 Reconnection following violations – Conditions – Cost reimbursement.
Whenever an industrial connection sewer has been disconnected from the public sewer by the City for failure to comply with the provisions of this cChapter, reconnection shall be made only upon issuance of a sewer permit as elsewhere in this cChapter provided.
Before such permit is issued, the applicant shall pay all fees required by this Ttitle for new permits and also reimburse the City for all costs of the disconnection made. The City may also require the installation of a manhole for the purpose of measuring the flow, or for making periodic tests of the wastes from such connection.
13.08.430 Reimbursement for repairs and maintenance following violations.
Whenever an industrial sewer connection permittee by reason of violation of this Ttitle, or any other person by reason of violation of this Ttitle, causes obstruction, damage or destruction of a public sewer, or any appurtenances thereto, or pumping plants in connection therewith, they shall reimburse the City for the cost of flushing, cleaning, repairing and reconstruction of such sewer or facility, made necessary by such violation, within 30 days after the City has rendered an invoice for the same.
Chapter 13.11
Sections:
Article I. Permits
13.11.010 Definitions applicable to this cChapter.
Article I. Permits
13.11.010 Definitions applicable to this cChapter.
“Director” means the Director of Public Works of the City of Palmdale or an authorized deputy, agent, representative or inspector designated by the Director of Public Works.
13.11.030 Industrial waste permit required.
No person shall discharge or cause to be discharged any industrial wastewater to the public sewer system without first acquiring an industrial waste permit issued pursuant to Article III of this cChapter.
13.11.040 Dilution prohibited.
No person shall discharge or cause to be discharged any water or other substance added for the purpose of diluting any industrial waste to achieve compliance with limitations imposed by the provisions of this cChapter.
13.11.060 Construction of new industrial buildings – Building permit issuance prerequisites.
An application for an industrial waste permit to construct a new industrial building, to change the use of an industrial building or for an addition or alteration to an existing industrial building will not be approved until provision has been made for the installation of such pretreatment facilities and disposal methods or both as, in the opinion of the Director, are necessary to carry out the provisions and intent of this cChapter.
13.11.070 Permit to discharge industrial waste – Issuance conditions. (A) The Director may issue a permit containing limitations or conditions, or both, and may modify an existing permit by the addition of or elimination of such conditions and limitations as may be necessary to accomplish the purpose of this cChapter as determined necessary by the Director. No person shall discharge industrial waste in violation of the maximum permissible rate of discharge stated in the permit or in violation of any other concentrations or limitations in the permit.
13.11.080 Revised or renewal of permit – Application required when. (E) Expiration of term of existing industrial waste permit granted pursuant to PMC Section
13.11.070 (Permit to discharge industrial waste – Issuance conditions).
13.11.100 Grant or denial – Notice to applicant.
(A) The Director shall either grant, conditionally grant or deny a permit within a reasonable time after all fees required by this Ttitle have been paid and upon the receipt of a complete application with all supplemental data.
13.11.140 Hearing – Conduct – Administrative Hearing Officer determination authority.
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. Within 30 days after the close of the appeal hearing, the Administrative Hearing Officer will issue a written decision to:
(1) Failure of the permittee to correct conditions as required by the Director; (2) Conditions which would justify the denial of a permit; (4) Any other violation of this cChapter or of any permit, license or exception granted hereunder; or,
13.11.160 Failure to obtain permit deemed violation when.
A person who does not have an industrial waste permit and who has been notified by the Director that he is required to obtain an industrial waste permit pursuant to the provisions of this cChapter shall immediately submit to the Director an application and all fees as required by this cChapter for such permit, and shall rectify and cure all such violations.
Failure to do so shall constitute a willful violation of this cChapter.
13.11.170 Successor in interest – New permit required.
The change of owner, operator or possessor, including a change in ownership of a majority of stock in any corporation, of a premises for which a permit had previously been granted shall file with the Director a new permit application, in accordance withpursuant to the provisions of PMC Sections 13.11.370 (Permit – Application forms – Information required) or 13.11.610 (Permit – Application – Form and contents) , within 30 days after assumption of such title or interest, and shall furnish plans and data as may be required by the Director. If it appears from the application, data, and/or inspection of the facility that the succeeding operation and disposal practices comply with the provisions of this cChapter, the Director, upon receipt of the fees hereinafter required, may issue a new industrial waste permit. The Director may issue an interim permit pursuant to PMC Section 13.11.180 (Interim permit – Ongoing discharge) to allow continued operations during the permit processing period.
13.11.180 Interim permit – Ongoing discharge.
Upon determination that any person is discharging industrial wastewater directly or indirectly to a facility regulated by this cChapter without a valid permit or upon receipt of an application for a permit for an ongoing discharge, an interim permit may be issued by the Director to allow the continuation of such discharge during the application review period, subject to such conditions, limitations, restrictions, and other provisions or requirements which the Director determines are necessary or advisable to protect the City sewage collection system and to assure compliance with all fFederal, sState and local laws and that the continuation of such discharge will not be detrimental to the public health and safety. An interim permit is revocable by the Director at any time. Any person whose interim permit is revoked shall immediately cease and desist all unpermitted discharge of industrial waste. Unless revoked by the Director, the interim permit shall be enforceable until such time as a permit is issued or denied by the Director and shall be subject to annual inspection fees pursuant to PMC Section 13.11.310 (Classes of businesses, processes and industries for plan review and inspection fee) . The discharger shall immediately comply with all of the provisions and requirements of such interim permit and, if the discharger has not already applied for a permit, shall apply for a permit within 30 days from the issuance of the interim permit.
13.11.190 Permit not transferable from one location to another.
Permits issued under this cChapter are not transferable from one location to another, and discharge of wastes shall be made strictly in accordance withpursuant to all provisions contained in the permit, at the location specifically designated therein.
13.11.200 Monitoring and sampling – Prenotification.
Any permittee or discharger required by the Director, by permit or otherwise, to engage in periodic, stand alone, backup, follow-up, compliance or confirmation monitoring or sampling of a discharge shall notify the Director by telephone or other authorized means, at least 48 hours in advance of any monitoring or sampling to be done. Prior to the commencement of any sampling or monitoring, the Director may request that the permittee furnish the Director a split sample and all supporting data. Notification is not required for internal monitoring and sampling by a discharger for the purpose of process and pretreatment controls unless so requested by the Director. However, such procedures, results and records shall be made available to the Director upon request.
Sample acquisition and monitoring shall be performed at a location or sampling point as designated in any permit or as specified by the Director. The Director may require installation of a secured sampling facility to be designated as the sampling point.
Sampling and analysis shall be performed in accordance withpursuant to the techniques prescribed in 40 CFR 136 and amendments thereto. Dischargers to a public sewer system subject to an approved pretreatment program administered by the POTW shall submit to the Director, at minimum, all conditions required by 40 CFR 403.12 as may be amended unless otherwise directed. Each permittee or discharger, regardless of industrial waste disposal method, shall submit to the Director, certified under penalty of perjury by the permittee or discharger, all required monitoring and sampling reports or other requested data within the times specified in the permit.
13.11.210 Notice to correct violations.
(2) The permittee has failed to conform to conditions or limitations of any permit issued in accordance withpursuant to this cChapter; or,
(B) Failure to comply with such notice shall constitute a willful violation of this cChapter.
13.11.220 Investigation of complaints – Correction of violations.
The Director shall promptly investigate every complaint charging violation of any of the provisions of this chapter, andChapter and shall take action to correct any violation discovered.
13.11.230 Suspension of permit – Conditions.
When the conditions described in PMC Section 13.11.210 (Notice to correct violations) are so aggravated that immediate cessation of operation is necessary and the Director so finds, the Director shall suspend the permit. The Director shall serve notice of such suspension on the permittee. The Director may also suspend a permit if objectionable conditions listed in a notice to correct, served in accordance withpursuant to PMC Section
13.11.210 (Notice to correct violations), are not corrected within the time specified in such notice.
13.11.240 Discontinuance of discharge or deposit required when.
A person whose industrial waste permit has been suspended, or who has been notified of violation, as provided in this cChapter, shall immediately discontinue the deposit or discharge of industrial waste, sewage, or effluent, or use of any described facility, and shall not resume such deposit or discharge, or use of the described facility, until a permit has been issued or reinstated by the Director or Administrative Hearing Officer as hereinafter provided. Failure to do so shall constitute willful violation of this cChapter.
13.11.260 Reinstatement of suspended permit.
The Director shall reinstate a suspended permit when all violations are corrected and all fees required by this cChapter have been paid.
13.11.270 Cancellation of permit and facility closure – Conditions. (A) A person owning or operating premises containing industrial waste treatment or disposal facilities operated under a valid industrial waste permit issued under the provisions of this cChapter may file a written application with the Director to cancel such permit upon termination of operations and/or closure of the permitted facility. Upon receipt of such an application, the Director shall investigate and cancel the permit if it is determined that:
(5) All fees required by Article II of this cChapter due up to the date of closure of the facility have been paid;
(B) Should the Director deny an application for a permit cancellation or closure of the facility, the owner or operator of any facilities required by the permit shall maintain these facilities in good operating condition and pay all fees required by this cChapter to maintain a valid permit.
Article II. Fees and Deposits – Industrial Waste
13.11.290 Fees are not refundable.
All such fees described in PMC Section 13.11.280 (Industrial waste related fees and charges) are separate and apart from any fee or deposit paid for industrial waste plan review or imposed under provisions of the Palmdale plumbing code. Application fees shall not be refundable even though the application be denied except as provided in PMC Section 13.11.330 (Annual fee – Refund conditions).
13.11.310 Classes of businesses, processes and industries for plan review and inspection fee.
Plan review and inspection classes shall be established in accordance withpursuant to Table 13.11.310. The classes for any business, process, industry or connection not listed in Table 13.11.310 shall be determined by the Director using Table 13.11.310 as a guide.
Table 13.11.310
Business Class
Plan
Review
Class
Inspection
Class
Agricultural Production, Food
Processing and Handling
Breweries, wineries,
and distilleries
3 D
13.11.320 Annual fee, wastewater sampling and analysis fee and miscellaneous service fee – Payment time – Penalties for delinquency.
All annual fees, wastewater sampling and analysis fees and any other fees required by PMC Section 13.11.280 (Industrial waste related fees and charges) shall be due and payable on the billing date as established by the Director. Fees not paid within 30 calendar days from the billing or invoice date shall be considered delinquent. Delinquent fees shall be subject to a late fee established by resolution of the City Council. Permits for which the annual fee is delinquent for 60 days or more are subject to suspension as provided in PMC Section 13.11.230 (Suspension of permit – Conditions).
13.11.330 Annual fee – Refund conditions.
Upon cancellation of a permit pursuant to PMC Section 13.11.270 (Cancellation of permit and facility closure – Conditions), and upon written request of the permittee, the Director shall refund a portion of the annual fee as determined from the table below:
13.11.340 Annual review of fees.
Beginning on July 1, 2009, and thereafter on each succeeding July 1st, the amount of each fee in this cChapter shall be adjusted as follows: calculate the percentage movement between April of the previous year and March of the current year in the Consumer Price Index (CPI) for all urban consumers in the Los Angeles, Anaheim, Riverside areas, as published by the United States Government Bureau of Labor Statistics, adjust each fee by said percentage amount and round off to the nearest $1.00; provided, however, that no adjustment shall decrease any fee, and no fee shall exceed the reasonable cost of providing the services. When it is determined that the amount reasonably necessary to recover the costs of providing the services is in excess of this adjustment, the Director may present fee proposals to the City Council for approval.
Article III. Discharge of Industrial Waste to Public Sewers
13.11.350 Application of article provisions.
The provisions of this aArticle shall pertain to the disposal of industrial waste to the public sewer only.
13.11.360 Permit – Required when.
(D) For the purpose of this cChapter, discharges resulting from garbage grinders powered by motors of less than one and one-half horsepower installed in food service establishments in accordance withpursuant to the provisions of the Los Angeles County Plumbing Code prior to July 1, 2009, or the City of Palmdale Plumbing Code thereafter, and where such facilities are not required by other provisions of this cChapter, are not considered to be industrial waste discharges.
(E) A person shall obtain an industrial waste permit from the Director to maintain an existing but nounused industrial waste connection to the public sewer. The annual fee for such permit shall be as that for Inspection Class A. The connection shall be removed upon the expiration or revocation of such permit pursuant to the criteria established by PMC Section 13.11.270 (Cancellation of permit and facility closure – Conditions).
13.11.370 Permit – Application forms – Information required. (A) The Director shall provide printed application forms for the industrial waste permit required by this aArticle, indicating thereon the information to be furnished by the applicant. The application shall be signed under penalty of perjury by the authorized representative of the discharger.
(B) For the purpose of this cChapter, the Director may utilize joint permit application forms under agreements established with other public agencies as provided in PMC Chapter
13.08 (Permits, Fees, Design and Inspection Requirements)PMC.
13.11.390 Permit – Issuance conditions.
If it appears from the application and supporting information submitted for any industrial waste permit required by this cChapter that the proposed disposal complies with the provisions of this cChapter and other applicable laws and ordinances, the Director, upon receipt of the fees hereinafter required, shall issue such permit.
13.11.410 Pretreatment – Plans prerequisite to permit issuance when.
In event pretreatment or special facilities are required to make the waste acceptable as provided under the provisions of this cChapter, the applicant for an industrial waste disposal permit may be required to furnish plans showing the method of collections and pretreatment proposed to be used, and a permit shall not be issued until said plans or required modification thereof have been checked and approved by the Director.
13.11.420 Permit – Revocation conditions.
By following the procedure set forth in Article I of this cChapter, the Director may revoke any permit if, after due investigation, the Director finds:
13.11.430 Public participation – Notification of significant violations.
At least annually, the Director shall provide public notification, in a newspaper(s) of general circulation that provides meaningful public notice within the jurisdiction(s) served by the POTW of industrial users which, at any time during the previous 12 months, were in significantly violating noncompliance with applicable pretreatment standards or other pretreatment requirements. For the purpose of this sSection, a significant industrial user (SIU) (or any industrial user which violates sSection (C), (D), or (H) of this sSection) is in significant noncompliance if its violation meets one of the following criteria:
(G) Failure to accurately report non compliance; or,
13.11.450 Pretreatment – Standards and criteria.
The Director may establish uniform minimum standards and criteria for the application of such standards for pretreatment of specific industrial waste discharges. The provisions of this cChapter shall not prohibit the Director from requiring additional pretreatment to accomplish the objective of PMC Section 13.11.400 (Determination of type of liquid waste).
13.11.460 FOG disposal systems – Installation required.
Wastewater discharge originating at food service establishments (FSE) from fixtures and equipment which may contain fats, oils and grease (FOG), including but not limited to scullery sinks, pot and pan sinks, soup kettles, automatic vent cleaning devices, and floor drains located in areas where FOG-containing materials may exist, shall be drained into the sanitary waste system through a FOG disposal system approved by the Director.
Multiple FOG disposal systems may be required to satisfy the requirements of this sSection. The Director may waive this requirement for specific fixtures upon determination that compliance may create a health hazard and/or impeded by a physical constraint that is impractical to overcome when retrofitting an existing facility.
13.11.470 Rainwater diversion systems – Authorized when. (C) The system meets minimum operational and component standards as may be established pursuant to PMC Section 13.11.450 (Pretreatment – Standards and criteria); and
13.11.480 Deposit of certain substances prohibited.
(C) Any discharge or effluent which may obstruct or cause an unwarranted increase in the cost of treatment of the sewage, or which may introduce into a publicly owned treatment works (POTW) any pollutant(s) which creates a fire or explosive hazard in the sewer or POTW, pollutants which will cause corrosive structural damage to the POTW, but in no case discharges with a pH lower than specified in PMC Section 13.11.530 (Control of pH), pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW, or which may introduce into a POTW any pollutant(s) which may cause pass through or interference.
13.11.490 National categorical pretreatment standards (NCPS) – Compliance.
Upon the promulgation of mandatory NCPS for any industrial subcategory, the NCPS, if more restrictive than limitations imposed by this cChapter, shall apply. The Director may impose a phased compliance schedule to ensure that affected industries meet the NCPS.
Failure to meet the phased compliance schedule may result in permit suspension or revocation. Those dischargers subject to NCPS shall comply with all reporting requirements in accordance withpursuant to the General Pretreatment Regulations for Existing and New Sources of Pollution (40 CFR 403). Facilities subject to this cChapter and regulated by joint permits issued in conjunction with other agencies may meet the requirements of this cChapter as set forth in such joint permit and by furnishing such evidence of compliance as may be required by the Director.
13.11.510 Slug discharge control plan – When required.
(C) Procedures for immediately notifying the Director of slug discharges, including any discharge that would violate a prohibition under PMC Section 13.11.480 (Deposit of certain substances prohibited) with procedures for follow-up written notification within five days;
Article IV. Other Methods of Disposal
13.11.570 Applicability of article provisions.
The provisions of this aArticle shall pertain to the disposal, discharge or deposit of all industrial waste except where such wastes are discharged to a public sewer in accordance withpursuant to the provisions of Article III of this cChapter.
13.11.580 Depositing or discharging wastes prohibited without permit.
A person shall not maintain a deposit of waste material, or discharge or deposit or cause or suffer to be discharged or deposited, except as otherwise provided in this cChapter, any waste material or effluent in or upon lands of the City of Palmdale, or into streams or bodies of surface or subsurface water, or storm drains, or flood control channels, where the same is deposited upon or may be carried through or upon lands of the City without first securing, in the manner provided in this cChapter, a permit from the Director, and at all times having an unrevoked permit therefor, unless otherwise exempted by the provisions of this cChapter.
13.11.590 Maintenance of existing, nounused facility for industrial waste deposit, discharge or storage.
A person shall obtain a permit from the Director to maintain an existing but nounused facility designed or formerly used for the deposit, discharge or storage of industrial wastes. The annual fee for such permit shall be the same as that for Inspection Class A.
Exception: Such permit is not required when, to the satisfaction of the Director, compliance with the permit cancellation criteria of PMC Section 13.11.270 (Cancellation of permit and facility closure – Conditions) has been provided.
13.11.610 Permit – Application – Form and contents.
Any person requiring a permit under the provisions of this aArticle shall make written application therefor to the Director, giving such information as the Director may require.
The Director shall provide printed application forms, indicating thereon the information to be furnished by the applicant. The Director may require from the applicant, in addition to the information furnished on the printed form, any additional information including detailed plans and specifications which will enable the Director to determine that the proposed discharge or deposit and plan of operation complies with the provisions of this cChapter and other applicable laws and ordinances.
13.11.660 Permit – Issuance conditions.
The Director may issue a permit as required by this cChapter only if the Director determines that all of the following conditions have been met:
(C) The material to be discharged or deposited does not or will not, in the opinion of the Director, constitute a potential public nuisance or menace to the public health and safety, and will not violate other provisions of the California Health and Safety Code of the state of California;
(E) The material to be discharged or deposited does not or will not damage or adversely affect any storm drain, channel, or any public or private property; and, Article V. Industrial Waste Treatment Plants and Facilities
13.11.680 Pretreatment – Standards and criteria.
The Director may establish uniform minimum standards and criteria for the application of such standards for pretreatment of specific industrial waste discharges. The provisions of this cChapter shall not prohibit the Director from requiring additional pretreatment to accomplish the objective of PMC Section 13.11.400 (Determination of type of liquid waste).
13.11.690 Facilities not required when.
(A) The waste is prohibited for discharge to the available systems by this cChapter or other applicable ordinances or regulations;
(D) An application for industrial waste disposal permit has been filed in accordance withpursuant to Article IV of this cChapter; and,
(E) All fees required by this cChapter have been paid.
13.11.710 FOG disposal systems – Installation requirements.
Each FOG disposal system shall be installed at a location shown on plans approved by the Director in full compliance with PMC Title 8 (Health and Safety). Such systems shall be located in an area that is at all times easily accessible for inspection, cleaning, maintenance, and removal of the recovered FOG in a manner that does not require entry into a food or utensil handling area as follows:
(B) Grease removal devices (GRDs) shall be installed as provided for hydromechanical grease interceptors in sSubsection (A) of this sSection with the additional provision that the storage of removed FOG also be outside food and utensil handling areas in a secure location that protects against the accidental spill of grease into floor drains, parking lots, catch basins, storm drains, sidewalks, streets, or gutters and is protected from inundation by stormwater flows.
13.11.730 Operation and maintenance.
All industrial waste treatment facilities and all appurtenances thereto existing as of July 1, 2009, or hereafter constructed under jurisdiction of this cChapter shall be maintained by the owner or person having jurisdiction of the property affected in good operating condition and in a safe and sanitary condition at all times. All devices and safeguards which are required by this cChapter for the operation thereof, and all records of such operation, shall be maintained in good order and made available to the City upon request.
13.11.740 Inspection and testing.
The Director may make tests of industrial wastes, and/or periodic inspections of industrial waste treatment plants or facilities to determine whether such treatment plants or facilities are maintained in accordance withpursuant to the requirements of this cChapter. The Director shall also make periodic tests on samples of sewage, industrial waste or effluents obtained at the point of discharge or deposit to determine whether such discharges or deposits are made in accordance withpursuant to the provisions of this cChapter.
Chapter 13.14
13.14.010 Purpose.
The purpose of this cChapter is to implement additional specific requirements for the use of the public sewer system to ensure compliance with Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, State Board Order No. 2006-0003- DWQ (State Board Order) and as may be hereinafter amended or superseded.
13.14.020 Duty of the discharger.
All dischargers to the public sewer system shall implement best management practices (BMPs) to ensure that their discharge, either singularly or in combination with other discharges, does not create a condition in the system that might cause damage to the system or a sanitary sewer overflow (SSO). Commercial and industrial discharges shall be made only in full compliance with PMC Chapter 13.11 (Industrial Waste)PMC.
13.14.030 House lateral maintenance.
Dischargers to the public sewer system shall use house lateral maintenance procedures that maximize the recovery of deleterious materials and minimize the passage of fats, oils and grease (FOG), debris, cut roots and similar materials to the mainline sewers. PMC Section 13.02.040 (Responsibility and maintenance of facilities – Applicability of provisions) notwithstanding, no person shall interfere with the City’s access to house laterals extending from the mainline sewer and the right-of-way boundary or property line.
13.14.040 Illicit discharges prohibited.
(B) Consists of nondomestic sewage that is authorized pursuant to the provisions of PMC Chapter 13.08 (Permits, Fees, Design and Inspection Requirements) or 13.11 (Industrial Waste)PMC;
(C) Consists of domestic and nondomestic sewage combined in accordance withpursuant to PMC Section 13.11.720 (Separation of domestic and industrial wastes); and,
13.14.050 Limitations – City may establish.
The City may establish numerical limitations on the amount of FOG and other debris that may cause blockages or contribute to SSOs on discharges to all or portions of the sanitary sewer system where the City finds that such limitation is necessary to protect the system from damage or potential SSOs. Industrial waste disposal permits issued pursuant to PMC Chapter 13.11 (Industrial Waste)PMC shall include such limitations where imposed.
13.14.060 Existing FOG disposal systems.
Existing grease interceptors, grease traps or other FOG disposal systems, previously approved by the City, may remain in service provided such systems are properly maintained to effectively reduce FOG discharges, are operating within original design parameters, have not been altered in a manner not approved by the City, and where required are operated under a valid industrial waste disposal permit pursuant to PMC Chapter 13.11 (Industrial Waste)PMC. Such authorization does not preclude the City from establishing discharge limitations which may require the modification, enlargement, addition, or replacement of FOG disposal system to protect the sanitary sewer system from blockages or overflows.
13.14.070 Investigation of sanitary sewer overflow (SSO) incidents.
The City shall investigate and determine the probable cause of an actual or potential SSO incident. In the course of any such investigation, the City may enter the premises of any discharger to the sanitary sewer system to determine the presence of potential sources of FOG, inspection of FOG disposal systems, review wastewater disposal procedures, ascertain if BMPs are in place and adequate, review records, photograph disposal systems, take samples and other measurements in order to determine the cause or sources of an SSO. PMC Section 13.14.060 (Existing FOG disposal systems) notwithstanding, where the City determines that additional, improved, upgraded, repaired or more frequently maintained FOG removal systems are required to prevent the contribution to actual or potential SSOs, the City may serve notice on the discharger to implement such improvements. Such notice may include prohibitions against unauthorized discharges, timetables and/or deadlines.
13.14.090 FOG control programs.
Where a discharger is required to install and maintain a FOG disposal system pursuant to the provisions of this cChapter and/or is found to be a potential uncontrolled source of FOG, the City may require that the discharger develop and implement a FOG control program. Where required, such a program is subject to approval by the City and may be included as a part of the conditions and limitations of any permit issued pursuant to this cChapter. Such a program may be required to include but is not limited to the following provisions:
13.14.110 Food service establishments – Operating permit required.
Where the City has determined that installation of a FOG disposal system at a food service establishment (FSE) is necessary to protect the public sewer system, such installation shall be subject to plan review and operating industrial waste disposal permit requirements pursuant to PMC Chapter 13.11 (Industrial Waste)PMC . Each separate system connected to the public sewer system shall require a separate permit. The City may authorize multiple FSEs to discharge through a single FOG disposal system provided each establishment enters into an agreement with a single entity that maintains the device including continuous maintenance of any permits required for operation of the facility and submits the agreement to the City.
14.04.010 Purpose and intent.
It is determined by the City Council that appropriate action must be taken in order to protect and preserve desert vegetation, and particularly Joshua trees, so as to retain the unique natural desert aesthetics in some areas of this City, and to promote the general welfare of the community. Although it may not be feasible, practicable, or in the public interest to preserve all healthy desert vegetation regulated under this cChapter due to reasonable planning, developmental or property rights considerations, the design of development projects should strive to protect and maintain the most desirable and significant of the healthy desert vegetation in a manner consistent with the City's Ggeneral Pplan and the California Environmental Quality Act (CEQA).
14.04.020 Title cite and applicability.
(A) This cChapter shall be known and may be cited as the “Palmdale native desert vegetation ordinance.”
(B) The provisions of this cChapter shall apply to all public and private property within the City which contains Joshua trees or other desert vegetation as defined by this cChapter.
14.04.030 Definitions.
For purposes of this cChapter, certain words and phrases shall be defined as follows unless the context clearly requires otherwise:
(C) “Desert vegetation” shall mean California juniper as defined by this cChapter, and other living plants identified pursuant to the California Desert Native Plants Act (Food and Agricultural Code Section 80001, et seq.) as protected or designated on any sState or fFederal rare and endangered species list.
14.04.040 Requirements for removal.
(A) Desert vegetation shall not be removed, nor caused to be removed, on or from any parcel of land, except as provided by the provisions of this cChapter. (B) A native desert vegetation removal permit shall be obtained from the City’s Landscape Architect, or in lieu thereof, the Director of Public Works’ designee, prior to the removal of any native desert vegetation as defined in this cChapter. (C) The project proponent or its agent may remove a detached dead western Joshua tree or detached limb of a western Joshua tree. All other removals and all trimming of western Joshua trees authorized by permits issued pursuant to this sSubsection shall be completed by a desert native plant specialist. A permit may be issued, without payment of mitigation fees, provided that the dead western Joshua tree or the limb(s) to be removed:
(F) Minimization.
(3) For purposes of this sSubsection, relocation of a western Joshua tree shall be determined to be infeasible if either of the following applies:
(D) Such other and further information as the Economic and Community Development Director of Planning may deem necessary to fulfill the purposes and intent of this cChapter in a particular case.
14.04.060 Joshua tree relocation methodology.
(E) A water regimen shall be conducted to insureensure survivability. All trees shall receive a pre-soaking approximately one week prior to transplanting. Each tree shall have an earthen berm built around the perimeter, large enough to accommodate 20 gallons of water to ensure the root ball will hold together and to minimize transplant shock.
14.04.070 Desert vegetation preservation criteria.
(A) The minimum standard of preservation shall be:
(2) Where soil conditions or conditions of the California juniper prohibit the preservation of two trees per acre, or where the total number of healthy trees per gross acre is not equal to two per acre, the minimum standard of preservation will be determined by a desert native plant specialist and confirmed by the City’s Landscape Architect, or in lieu thereof, the Director of Public Works’ designee, in accordance withpursuant to the following criteria:
(B) The quantity of California junipers calculated under the minimum standard of preservation as determined above shall be preserved by any combination of the following means:
(1) The development proposal shall be prepared in a manner which retains on site those plants that can be incorporated into the design of the development. Development proposals should use native desert vegetation to landscape on-site detention basins, entry statement areas, and other open space sites whenever possible, where xeric landscaping is appropriate;
(b) Other methods of preservation as shown in sSubsection (B)(2) shall not apply to California junipers;
(3) Any native desert vegetation in excess of the minimum standard for preservation may be removed after the public has had the opportunity to transplant native desert vegetation per sSubsection (B)(2)(a) of this section, and after the native desert vegetation preservation plan and native desert vegetation removal permit has been approved by the City, or, if applicable, after the payment of the in-lieu fee.
14.04.080 Maintenance requirements.
Upon completion of construction of the development proposal and after final inspection and acceptance by the City, the following standards relative to ongoing maintenance of native desert vegetation shall apply:
(C) The Director of Planning shall require posting of a bond or other appropriate security at the time of development proposal approval to assure maintenance of on-site trees, or trees in landscape easements or assessment districts, for a period of two years. If the project is otherwise required to have a bond posted for landscape maintenance requirements, this requirement shall be incorporated into the same bond.
14.04.090 Unlawful activities prohibited.
(A) Except as provided in this cChapter, it is unlawful for any person to damage any desert vegetation as defined in this code.
(B) It is unlawful for any person to falsify any oral statement, paper or document issued to give permission for any person to remove desert vegetation or fail to comply with all conditions or stipulations of this cChapter.
14.04.100 Violation – Penalty.
Penalties for violations of this cChapter shall be as specified in PMC Chapter 1.12 (Penalty Provisions)PMC.
14.04.110 Compliance with other laws and regulations.
Nothing in the provisions of this cChapter shall relieve nor be interpreted to exempt a proponent of a development proposal from complying with the requirements of the California Desert Native Plants Act, Food and Agricultural Code Section 80001, et seq., and/or any applicable fFederal laws and regulations. Nor shall any provision of this cChapter be construed so as to conflict with, duplicate, or otherwise interfere with general law preemptive of local regulation.
15.01.010 Definitions.
The City Council hereby finds the following terms shall have the following meanings:
(B) “Artist” shall mean an individual generally recognized by critics and peers as a professional practitioner of the visual arts as judged by the quality of that professional practitioner’s body of work, educational background, experience, past public art commissions, sale of works, exhibition record, publications, and production of artwork.
The members of the architectural, engineering, design, or landscaping firms retained for the design and construction of a development project covered shall not be considered artists for the purposes of this cChapter.
(D) “Capital improvement program” or “CIP” shall mean any construction project of any new City building or facility, renovation of any existing City building or facility, transportation improvement projects, new parks, and other above-ground structures, such as bridges, that are financed wholly or in part by funds appropriated by the City Council. For the purposes of this sSection, below-ground sewer and drainage projects are not applicable.
(F) “Development project” shall mean any commercial and residential development which requires the issuance of a building permit by the City of Palmdale. (G) “Public art policy guidelines” or “guidelines” shall mean the document adopted by the Public Art Commission that includes standards and procedures for the implementation and administration of public art in accordance withpursuant to this cChapter. (H) “In-lieu contribution” shall equal the percentage of building permit valuation required by this cChapter.
(K) “Public art” as defined herein shall be located in a public place on private property, or on land or in a building owned by the City of Palmdale , and encompass all cultures through the broadest possible range of expression, media, and materials that may be permanent, fixed, temporary or portable, may be an integral part of a building, facility, or structure, and may be integrated with the work of other design professionals. (N) “Public art project plan” shall mean a narrative statement submitted to the Public Art Coordinator by the private developer or City department under whose jurisdiction the public art project is located, indicating how the development will meet the requirements of this cChapter for on-site artwork. A public art project plan shall be submitted at the concept and final design stages of the project.
15.01.020 Public art in private and municipal development project contribution requirements.
(B) As of July 1, 2021, private developments shall devote an amount not less than one- half percent of building permit valuation for private development of $500,000 or more for acquisition and installation of public art on the development site. This amount shall be the program allocation with a cap of $250,000 allocated for single construction projects. The public art shall be installed on the development site in a public place that allows the public art to be visible from a public right-of-way or from other public property. The fee associated with this subsectionthisSubsection may be subject to a development or deferral agreement with the City of Palmdale. For residential development projects with no funding mechanism for repairs and maintenance (as required in PMC Section
15.01.080(A)(8)), the developer shall make an in-lieu contribution into the public art fund as stated in PMC Section 15.01.020 (Public art in private and municipal development project contribution requirements)(G).
(D) For phased development, calculation of the total building permit valuation shall be based on the total number of building permits applied for and does not include any withdrawn permit applications. If an owner or developer chooses to stagger the application of building permits in accordance withpursuant to a phased schedule, the contribution shall be applicable to the total number of building permits applied for at the time of each application.
(E) The contribution requirement of this sectionthis Section shall apply to mixed-use and residential projects that create five or more residential units. (F) All nonprofit and affordable housing developments and structures shall be exempt from the requirements of this sectionthis Section. The valuation of any exempt component of a mixed-use development shall be deducted from the combined total building permit valuation. If only part of a development or project is affordable, the public art fee shall be reduced, pro rata, based on the affordable portion of the development or project.
Determination of a project or development as affordable housing shall be determined in the sole discretion of the Planning Manager/Director.
15.01.030 Public art in private and municipal development project contribution exemptions.
(A) Private Development Exemptions.
(1) Nonprofit and affordable housing developments and structures, as set forth in PMC Section 15.01.020 (Public art in private and municipal development project contribution requirements)(F).
(B) Municipal Development Exemptions.
(6) Appropriations for purposes of acquiring public art in order to carry out the provisions of this cChapter shall comply with applicable funding source requirements. If the source of funding or other applicable law or regulation with respect to any particular project prohibits or restricts the use of funds for public art, the amount of funds so prohibited or restricted shall be excluded in determining the one percent.
15.01.040 Public art in private and municipal development project compliance standards.
The following public art may be used to satisfy the requirements of this cChapter:
(A) On-Site Artwork. On-site installation of artwork that is created uniquely by an artist. (4) Standardized fixtures such as grates, street lights, signage, and other design enhancements, as are rendered by an artist for unique or limited editions; and, (5) Any other form determined by the City Manager or designee to satisfy the intent of this sectionthis Section if the owner or developer appeals the decision of the Public Art Coordinator.
15.01.050 Establishes the public art fund.
(A) There is hereby created the public art fund to account for the public art in-lieu contributions and any and all other revenues appropriated or received for public art. The revenues in such fund shall be used solely for:
(4) Furthering the purposes of public art as defined in this cChapter. (B) The public art fund shall be distributed annually as follows:
(3) The public art fund shall be authorized to accept gifts, grants and donations made to the City of Palmdale , as well as any in-lieu contributions from private and municipal development projects. The fund shall be self-perpetuating from year to year. (D) The Public Art Commission shall present annually to the City Council for approval a public art workplan that recommends the use of public art fund monies consistent with the purpose of this sectionthis Section. The public art workplan shall be administered by the City Manager or designee.
15.01.070 Establishes the Public Art Commission.
(A) There is hereby created the City of Palmdale Public Art Commission in accordance withpursuant to PMC Section 2.08.030 (Appointments to boards, commissions, and committees).
(C) It shall be the duty of the Palmdale Public Art Commission to:
(1) Prepare and approve bylaws that follow this cChapter and the Ralph M. Brown Act; organize and conduct meetings in compliance with the Ralph M. Brown Act; (11) Review and forward recommendations to City Council for deaccession of artwork, acceptance of artwork gifts and loans, and proposals for memorials and murals on City- owned property, in accordance withpursuant to each respective policy; and,
15.01.080 Application and approval procedures for public art. (A) Private Property.
(1) The developer has the option of proposing public art incorporating on-site artwork into the development or may elect to deposit the full amount into the public art fund as required under PMC Section 15.01.020 (Public art in private and municipal development project contribution requirements) (B). In any event, 10 percent of the amount required under PMC Section 15.01.020 (Public art in private and municipal development project contribution requirements)(B) (B) shall be deposited into the public art fund as required under PMC Section 15.01.020 (Public art in private and municipal development project contribution requirements)(B) (C).
(3) Following approval of the concept public art project plan by the Public Art Coordinator, the developer shall refine the design and submit a final public art project plan. (b) The developer shall refer to the public art policy guidelines referenced in this cChapter. (4) The concept public art project plan and final public art project plan submitted pursuant to this sSection shall be delivered to the Public Art Coordinator for review to determine whether the public art project plan is complete.
(6) The Public Art Coordinator shall approve or deny the concept public art project plan and final public art project plan in accordance withpursuant to the public art policy guidelines referenced in this cChapter. The Public Art Coordinator may conditionally approve a concept public art project plan and final public art project plan subject to such conditions that the Public Art Coordinator deems reasonably necessary to conform to the public art policy guidelines for approval.
(7) The public art project plans required by this sSection shall be made, approval obtained, and the public art installed prior to final building inspection or issuance of approval of a certificate of occupancy for the new construction. If installation prior to the date of occupancy is impracticable, as determined by the Public Art Coordinator, a certificate of occupancy may be approved for the building or portion thereof if the concept public art project plan and final public art project plan submitted pursuant to this sSection have been approved, the applicant has executed a written agreement with the City to install the public art, and the applicant deposits with the City security either in the form of a surety bond issued by a surety company authorized to do business in the State of California, or in cash, or the equivalent amount in other security approved by the City Manager and City Attorney in an amount equal to one-half percent of the total building permit valuation to guarantee installation of the public art. Any costs associated with acquiring the required security are the responsibility of the applicant and may not be applied to the public art allocation.
(9) Stolen or removed artwork shall be replaced by the property owner. Replaced artwork shall be reviewed and approved by the Public Art Commission and City Council subject to the criteria set forth in this cChapter.
(B) Municipal Property.
(3) The Public Art Commission shall approve or deny the selection of artists and shall make recommendations to the City Council or their delegated authority for approval of the commissioning of public art and/or the purchase of artwork to be located on municipal property in accordance withpursuant to the public art policy guidelines defined in this cChapter.
(4) The Public Art Coordinator shall set meetings with the Engineering, Public Works, and Building and Safety departments /divisions to review maintenance and safety considerations for all public art prior to it being commissioned and/or purchased.
15.01.090 Public art in private development.
Compliance with the provisions of this sSection shall be demonstrated by the owner or developer prior to the issuance of a certificate of occupancy as follows:
(B) Installation of the public art in accordance withpursuant to approval of the final public art project plan submitted pursuant to this cChapter; and (C) Execution of an installation agreement and evidence that a maintenance covenant has been recorded against the property as outlined in PMC Section 15.01.080(A)(7).
15.01.110 City Council role and responsibilities.
(C) Approve annual capital improvement plan allocations to include the public art program, as outlined in this cChapter.
(D) Approve annual operating allocations for the public art program from the general fund as part of the City’s annual budget process, including necessary funding for staffing the public art program and maintenance of public art with a relief of 20 percent for allowable costs from the public art fund as indicated in PMC Section 15.01.050(B). (F) Make final determinations on Public Art Commission recommendations regarding deaccession of artwork, acceptance of artwork gifts and loans, and proposals for memorials on City property, in accordance withpursuant to each respective policy.
15.01.120 Severability.
If any sSection, subsection, 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, 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 cChapter and the benefits to the City and the public are not substantially impaired.
15.24.010 Adopted.
(A) Except as provided in this cChapter, County Substandard Property Ordinance No. 9371 in effect August 18, 1967, shall be the substandard property ordinance of the City providing regulations for the control and abatement of substandard property.
15.24.020 Definitions.
Whenever any of the following names or terms are used in the County substandard property ordinance, each such name or term shall be deemed and construed to have the meaning ascribed to it in this sSection as follows:
Chapter 15.28
Sections:
15.28.020 Lands to which this cChapter applies.
15.28.150 Standards for manufactured/mobile homes.
15.28.002 Findings of fact.
(A) The flood hazard areas of City of Palmdale are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
15.28.003 Statement of purpose.
It is the purpose of this cChapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within flood prone, mudslide (i.e., mudflow) or flood related erosion areas. These regulations are designed to:
15.28.004 Methods of reducing flood losses.
In order to accomplish its purposes, this cChapter includes regulations to:
15.28.010 Definitions.
Unless specifically defined in this sSection, words or phrases used in this cChapter shall be interpreted according to their common usage and to give this cChapter its most reasonable application to further its purpose.
“Appeal” means a request for a review of the Floodplain Administrator’s interpretation of any provision of this cChapter or a request for a variance. “Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year (also called “100-year flood”). “Base flood” is a term used throughout this cChapter.
“Existing manufactured/mobile home park or subdivision” means a manufactured/mobile home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured /mobile homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date (December 10, 1987, Ordinance 711) of the floodplain management regulations adopted by a community. “Expansion to an existing manufactured /mobile home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured /mobile homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
“Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the City of Palmdale.
“Floodplain management regulations” means this cChapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances and other applications of the police power which controls development in flood-prone areas. The term describes such fFederal, sState or local regulations, which provide standards for the purpose of preventing flood and reducing flood loss and damage. “Fraud and victimization” as related to PMC Section 15.28.185 (Nature of variances) through 15.28.200 (Conditions for variances) means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City of Palmdale will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
“Hardship” as it relates to PMC Section 15.28.185 (Nature of variances) through
15.28.200 (Conditions for variances) means the exceptional hardship that would result from a failure to grant the requested variance. The City of Palmdale requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different
“Lowest floor” means the lowest floor of the lowest enclosed area, including the basement.
(1) An unfinished or flood-resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building’s lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:
(a) The wet floodproofing standard in PMC Section 15.28.120(C)(5); (b) The anchoring standards in PMC Section 15.28.120(A); (c) The construction materials and methods standards in PMC Section 15.28.120(B); (d) The standards for utilities in PMC Section 15.28.130 (Standards for utilities). “Manufactured home” as defined in State of California Health and Safety Code Section 18007, shall mean a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in them traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term “manufactured home” also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. The term “manufactured home” does not include a “recreational vehicle.” “Manufactured/mobile home park or subdivision” shall mean a development designed and occupied by manufactured/mobile housing units or park models including development with facilities and amenities used in common by occupants who rent, lease, or own spaces for mobile/manufactured/park model housing units through a subdivision, cooperative, condominium, or other form of resident ownership.means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. “Manufactured/mobile home subdivision” shall mean an area of land where lots are divided for sale, rent, or lease to accommodate manufactured or mobile homes. “New manufactured /mobile home park or subdivision” means a manufactured /mobile home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured /mobile homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date (December 10, 1987, Ordinance 711) of floodplain management regulations adopted by this community. “One-hundred-year flood” or “100-year flood” means a flood which has a one percent annual probability of being equaled or exceeded in any given year. It is identical to the “base flood,” which will be the term used throughout this cChapter. “Public safety and nuisance” as related to PMC Section 15.28.185 (Nature of variances) means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. “Remedy a violation” means to bring the structure or other development into compliance with sState or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the chapter, or otherwise deterring future similar violations, or reducing sState and fFederal financial exposure with regard to the structure or other development.
“Start of construction” includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. If the actual start of construction, repair, reconstruction, placement or other improvement is not within 180 days of the permit date, then “start of construction” shall mean the actual start. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured /mobile home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
“Structure” means a walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured/mobile home. “Substantial improvement” means any repair, reconstruction, rehabilitation, addition, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:
(2) If the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
(a) Any project for improvement of a structure to comply with existing sState or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or
“Variance” means a grant of relief from the requirements of this cChapter, which permits construction in a manner that would otherwise be prohibited by this cChapter. “Violation” means the failure of a structure or other development to be fully compliant with this cChapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this cChapter is presumed to be in violation until such time as that documentation is provided.
15.28.020 Lands to which this cChapter applies.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City.
15.28.030 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) for the City of Palmdale dated March 30, 1998, and accompanying Flood Insurance Rate Maps (FIRM), dated March 30, 1998, and all subsequent amendments and/or revisions are hereby adopted by reference and declared to be a part of this cChapter.
This Flood Insurance Study and attendant mapping are the minimum area of applicability for this cChapter and may be supplemented by studies for other areas that allow implementation of this cChapter and are recommended to the City Council by the Floodplain Administrator. The Flood Insurance Study and FIRM are on file in the office of the City Engineer.
15.28.040 Compliance.
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this cChapter and other applicable regulations. Violations of the provisions of this cChapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connections with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation.
15.28.050 Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. However, where this cChapter and another chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
15.28.060 Interpretation.
In the interpretation and application of this cChapter, all provisions shall be:
(B) Liberally construed in favor of protecting persons and property from flood hazards; and,
(C) Deemed neither to limit nor repeal any other powers granted to the City under sState statutes.
15.28.070 Warning and disclaimer of liability.
The degree of flood protection required by this cChapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damage.
This chapter shall not create liability on the part of the City, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this cChapter or any administrative decision lawfully made thereunder.
15.28.090 Establishment of development permit.
A development permit shall be obtained before construction or development begins within any area of special flood hazards. Application for a development permit shall be made on forms furnished by the Floodplain Administrator and may include but need not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
(A) Site plan, including but not limited to:
(3) For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to 95 percent using the Standard Proctor Test Method); and, (5) All appropriate certifications listed in PMC Section 15.28.110(D); and
15.28.100 Designation of Floodplain Administrator.
The City Engineer is appointed to administer and implement this cChapter by granting or denying development permits in accordance withpursuant to its provisions and is referred to in this cChapter as the “Floodplain Administrator.”
15.28.110 Duties and responsibilities of the Floodplain Administrator.
The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to:
(A) Permit Review. Review of all development permits to determine that:
(1) The permit requirements of this cChapter have been satisfied, including a determination of substantial improvement and substantial damage of existing structures; (2) All other required sState and fFederal permits have been obtained; (4) The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined, but a floodway has not been designated. For purposes of this cChapter, “adversely affect” means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point.
(B) Use of Other Base Flood Data. When base flood elevation data has not been provided in the Flood Boundary and Floodway Map, the Flood Insurance Rate Map, or the Flood Insurance Study, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a fFederal, sState or other source, in order to administer PMC Section 15.28.120 (Standards of construction). (F) Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed:
(1) The certification required in PMC Section 15.28.120(C)(1) (lowest floor elevations); (2) The certification required in PMC Section 15.28.120(C)(4) (elevation of floodproofing of nonresidential structures);
(3) The certification required in PMC Section 15.28.120(C)(2) (elevations in areas of shallow flooding);
(4) The certification required in PMC Section 15.28.120(C)(5)(a) (wet floodproofing standard);
(5) The certified elevation required in PMC Section 15.28.140 (Standards for subdivisions).
(G) Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in PMC Section 15.28.190 (Appeal board).
(H) Take action to remedy violations of this cChapter as specified in PMC Section
15.28.040 (Compliance).
15.28.120 Standards of construction.
In all areas of special flood hazards the following standards are required to be met to the satisfaction of the Floodplain Administrator:
(A) Anchoring.
(2) All manufactured/mobile homes shall meet the anchoring standards of PMC Section
15.28.150 (Standards for manufactured/mobile).
(B) Construction Materials and Methods.
(1) All new construction and substantial improvements, including manufactured /mobile homes, shall be constructed with materials and utility equipment resistant to flood damage below the base flood elevation;
(2) All new construction and substantial improvements, including manufactured /mobile homes, shall be constructed using methods and practices that minimize flood damage; (3) All new construction and substantial improvements, including manufactured /mobile homes, shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
(4) All new construction and substantial improvements, including manufactured /mobile homes, within Zones AH or AO shall be required to have adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. (C) Elevation and Floodproofing.
(1) In an AO Zone, new residential construction and substantial improvement, including manufactured/mobile homes, of any residential lowest floor, including basement, elevated to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified;
(2) In an A and AE Zone, new residential construction and substantial improvement, including manufactured/mobile homes, of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation; (3) In all other special flood hazard area zones, new residential construction and substantial improvement, including manufactured /mobile homes, of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation;
(5) Nonresidential construction, new or substantial improvement, shall either be elevated in conformance with subsection (C)(1), (2) or (3) of this sSection or together with attendant utility and sanitary facilities:
(c) Be certified by a registered professional engineer or architect that the standards of this sSubsection are satisfied. Such certifications shall be provided to the Floodplain Administrator;
(7) Manufactured/mobile homes shall also meet the standards in PMC Section 15.28.150 (Standards for manufactured/mobile).
(D) Garages and Low-Cost Accessory Structures.
(2) Detached Garages and Accessory Structures.
(a) “Accessory structures” used solely for parking (two-car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in PMC Section 15.28.010 (Definitions), may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance withpursuant to the following requirements:
(v) The accessory structure must comply with floodplain encroachment provisions in PMC Section 15.28.160 (Floodways); and
(vi) The accessory structure must be designed to allow for the automatic entry of flood waters in accordance withpursuant subsection (C)(6) of this sSection. (2) Detached garages and accessory structures not meeting the above standards must be constructed in accordance withpursuant all applicable standards in this sSection.
15.28.140 Standards for subdivisions.
Subdivisions and other proposed development, including proposals for manufactured/mobile home parks or subdivisions, greater than 50 lots or five acres, whichever is the lesser, shall meet the following requirements to the satisfaction of the Floodplain Administrator:
(A) Shall identify any special flood hazard area and the elevation of the base flood. (B) Will provide the elevation of proposed structure(s) and pads on the final plans. If the site is filled above the base flood elevation, the lowest floor final pad elevations shall be certified by a registered professional civil engineer or surveyor as part of an application for a FEMA letter of map revision based on fill (LOMR-F) to the Floodplain Administrator.
15.28.150 Standards for manufactured/mobile homes.
(A) All manufactured /mobile homes that are placed or substantially improved, within Zones A1-30, AH, and AE on the City’s Flood Insurance Rate Map, shall be elevated on a permanent foundation such that the lowest floor of the manufactured /mobile home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist floatation, collapse or lateral movement on sites located:
(1) Outside of a manufactured/mobile home park or subdivision; (2) In a new manufactured/mobile home park or subdivision; (3) In an expansion to an existing manufactured/mobile home park or subdivision; or, (4) In an existing manufactured/mobile home park or subdivision on a site upon which a manufactured/mobile home has incurred “substantial damage” as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured/mobile home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement.
(B) All manufactured/mobile homes to be placed or substantially improved on sites in an existing manufactured/mobile home park or subdivision within Zones A1-30, AH, and AE on the community’s Flood Insurance Rate Map that is not subject to the provisions of subsection (A) of this sSection will be elevated so that either the:
(1) Lowest floor of the manufactured/mobile home is at or above the base flood elevation; or
(2) The manufactured /mobile home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement.
15.28.155 Standards for recreational vehicles.
All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the City’s Flood Insurance Rate Map will either:
(B) Meet the permit requirements of PMC Section 15.28.090 (Establishment of development permit) through 15.28.110 (Duties and responsibilities of the Floodplain Administrator) and the elevation and anchoring requirements for manufactured /mobile homes in PMC Section 15.28.150 (Standards for manufactured/mobile homes).
15.28.160 Floodways.
Located within areas of special flood hazards established in PMC Section 15.28.030 (Basis for establishing the areas of special flood hazard) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles and erosion potential, the following provisions apply:
(B) Where the floodway has not been determined, no construction, substantial development, or other development including fill shall be permitted within Zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one foot at any point within the City of Palmdale. (C) If subsections (A) and (B) of this sSection are satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of PMC sSection 15.28.120 (Standards of construction).
15.28.185 Nature of variances.
The variance criteria set forth in this sSection are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this cChapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
15.28.190 Appeal board.
(A) The City Council shall hear and decide appeals from decisions made by the Floodplain Administrator and requests for variances from the requirements of this sSection. (B) The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this cChapter.
(C) In passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sSection s of this cChapter, and:
(10) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and,
15.28.200 Conditions for variances.
(A) Generally, variances may be issued for new construction, substantial improvement, and other proposed new developments to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation; provided, that the procedures of PMC Section 15.28.090 (Establishment of development permit) through 15.28.160 (Floodways) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
(B) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, upon a determination that the proposed reconstruction, rehabilitation or restoration will not preclude the structure’s continued designation as an historic structure as defined in PMC Section 15.28.010 (Definitions) and the variance is the minimum necessary to preserve the historic character and design of the structure. (E) Variances shall only be issued upon:
(2) A determination that failure to grant the variance would result in exceptional “hardship” as defined in PMC Section 15.28.010 (Definitions) to the applicant; and, (F) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use; provided, that the provisions of subsections (A) through (D) of this sSection are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (G) Upon consideration of the factors of PMC Section 15.28.190 (Appeal board) and the purposes of this cChapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this cChapter.
15.28.300 Extent of provisions.
To the extent the provisions of this cChapter are substantially the same as previous provisions of the Palmdale Municipal CodePMC, these provisions shall be construed as continuations of those provisions and not as new enactments.
Chapter 15.30
Sections:
15.30.010 CALGreen recycling requirements.
15.30.010 CALGreen recycling requirements.
(B) Persons applying for a permit from the City for new construction and building additions and alternations shall comply with all required components of CALGreen, as amended, if its project is covered by the scope of CALGreen, as amended, July 1, 2019, and effective January 1, 2020, including:
(3) If, after the adoption of this cChapter, Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of CALGreen are amended in a manner that requires the City to incorporate the requirements in an updated local ordinance, and the amended requirements are more stringent than those required in this sSection, the revised requirements of CALGreen Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 shall be enforced.
16.00.010 Authority and purpose.
This tTitle, which may be cited as the “City of Palmdale subdivision ordinance,” is adopted pursuant to Article XI, Section 7 of the California Constitution, and Government Code Section 66410, et seq., herein cited as the “Subdivision Map Act.” The purpose of this tTitle, and any City standards adopted to implement this tTitle, is to regulate and control the division of land within the City of Palmdale and to supplement the provisions of the Subdivision Map Act concerning the design, improvement and survey data of subdivisions, the form and content of all required maps, and the procedure to be followed in securing the City’s official approval of all required maps. This tTitle and all actions taken pursuant to it are necessary to preserve and protect the public health, safety and general welfare; to implement the City’s gGeneral pPlan and zZoning oOrdinance, applicable specific plans, and other applicable provisions of the City’s Municipal CodePMC pertaining to land development or development projects; to assure sufficient public infrastructure and facilities for adequate traffic circulation, water, utilities and public services, sanitary sewer facilities and storm drain facilities, and to promote orderly growth and development and proper use of land and to provide for the efficient uses and conservation of resources.
16.00.020 Scope and applicability.
This tTitle shall apply to any division of land within the City and shall control the preparation, processing and approval of all tentative maps, final maps, parcel maps, common interest subdivisions, lot line adjustments, lot mergers, reversions to acreage, exceptions and waivers.
This tTitle shall also apply to the division of land within unincorporated territory to the extent permitted by Subdivision Map Act Section 66454.
16.00.040 Exceptions.
(A) The Planning Commission or, on appeal, the City Council may authorize exceptions to any of the requirements or standards imposed by these regulations where not inconsistent with or prohibited by the provisions of the Subdivision Map Act, Municipal Codethe PMC or gGeneral pPlan.
(B) An application for any exception shall be filed concurrently with the filing of the development application for which the exception is sought. The exception application shall state fully the grounds for the exception and the facts supporting the application.
Before recommending or approving any application for exception, the Planning Commission, or the City Council on appeal, shall make all the following findings:
(1) There are special circumstances applicable to the property, including size, shape, topography, location or surroundings, so that the strict application of this tTitle would deprive such property of privileges enjoyed by other properties in the vicinity and under identical land use district classifications;
(2) Granting the exception is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and land use district and denied to property for which the exception is sought; (3) Granting the exception will not be materially detrimental to the public health, safety or welfare, or injurious to the properties or improvements in such vicinity and land use district in which the property is located; and
(4) Granting the exception does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is located.
16.00.050 Fees.
All persons submitting maps or other development applications required by this tTitle shall pay all fees and deposits required by this tTitle, in the amount prescribed by resolution of the City Council at the time the fees are due and payable, except as otherwise authorized by City ordinance. These fees shall include, but are not limited to, plan check fees, processing fees, inspection fees, mitigation fees and impact fees.
16.00.060 Hold harmless and indemnification of City.
Pursuant to the authority of Government Code Section 66474.9, the City shall require, as a condition of approval of any tentative or parcel map or other subdivision approval, that the subdivider indemnify, defend and hold harmless the City and its elected and appointed officials, officers, agents and employees (indemnitees) from any claim, action or proceeding, whether judicial, quasi-judicial, administrative, legislative or otherwise against the indemnitee to attack, set aside, void or annul an approval of the City or an indemnitee, concerning a subdivision, which claim, action or proceeding is brought within the time period provided for in Government Code Section 66499.37. The City shall promptly notify the subdivider of any such claim, action or proceeding and shall cooperate fully in the defense.
16.03.020 Approval process.
The City shall ministerially approve a parcel map for the split of a single-family residential lot into two parcels if the following requirements are met, in addition to the requirements of PMC Section 16.03.030 (Standards and requirements).
16.03.030 Standards and requirements.
An urban lot split pursuant to PMC Section 16.03.020 (Approval process) shall comply with the following requirements:
Chapter 16.10
Secions:
16.10.100 Director of Planningof Economic and Community Development.
16.10.110 General pPlan.
16.10.150 Reviewing aAuthority.
16.10.180 Zoning oOrdinance.
16.10.040 Commercially or industrially zoned land.
The term “commercially or industrially zoned land” means any land shown on the most current City of Palmdale zZoning mMap within any of the following zoning designations:
zones: Neighborhood Commercial (NC), Regional Commercial (RC), Visitor Commercial (VC), Medical Flex (MEDFX), Educational Flex (EDFX), Office Flex (OFX), Light Industrial (LI), Heavy Industrial (HI), Aerospace Industrial (AI), or Mineral Resource Extraction (MRE)C-1 (light commercial), C-2 (office professional), C-3 (general commercial), C-4 (commercial center), C-5 (service commercial), M-1 (light industrial), M-2 (general industrial), M-3 (airport industrial), M-4 (planned industrial), or QR (quarry and reclamation), or any approved specific plan area for which the underlying gGeneral pPlan designation is commercial or industrial.falls within these zones.
16.10.060 Composite development plan.
The term “composite development plan” means a plan or plans, filed at the time of filing of a final map, which shows the information required by PMC Section 16.80.050 (Composite development plan).
16.10.090 Development Advisory Board.
The term “Development Advisory Board” means those representatives of the City of Palmdale Planning Department Division , Public Works Department, Fire Department, Building and Safety Division, Public Safety DivisionCrime Prevention , and those representatives of local public utilities, who confer from time to time to review development applications and preliminary development proposals for conformance with City regulations, policies and standards.
16.10.100 Director of Economic and Community Development of Planning.
The term “Director,” “Director of Planning” or “Planning Director” means the Director of Planning Economic and Community Development of the City of Palmdale, or the Director’s authorized designee.
16.10.110 General pPlan.
The term “gGeneral pPlan” means the Palmdale gGeneral pPlan of the City of Palmdale, including all adopted elements and maps, as it may be amended from time to time.
16.10.130 Orderly development.
The term “orderly development” means the logical and practical extension of land uses and infrastructure to previously undeveloped sites, in a manner which does not result in isolated pockets of developed land, cause a significant impact to the provision of public services or to other properties, or result in the development of vacant unimproved land before adequate services and infrastructure are available to serve the area in a cost- effective manner, as determined by the rReviewing aAuthority.
16.10.140 Planning Commission.
The term “Planning Commission” means the Planning Commission of the City of Palmdale.
16.10.150 Reviewing aAuthority.
The term “ rReviewing aAuthority” means the person or decision-making body (i.e., Planning Director, Planning Commission or City Council) responsible for the review and/or final action on a land use entitlement.
16.10.180 zZoning oOrdinance.
The term “ zZoning oOrdinance” means PMC Title 17 (Zoning), including all text and maps, as it may be amended from time to time.
Chapter 16.20
Sections:
16.20.010 Director of PlanningEconomic and Community Development.
16.20.020 City Engineer.
16.20.030 Planning Commission.
16.20.040 City Council.
16.20.010 Director of PlanningEconomic and Community Development.
The responsibilities of the Director of PlanningEconomic and Community Development shall include, but are not limited to:
(A) To develop forms, procedures and policies necessary for the processing of applications for tentative and parcel maps, parcel map waivers, reversions to acreage, lot mergers and unmergers and other land use actions as provided for in this tTitle; (B) To review and make recommendations to the Planning Commission with respect to an application’s conformance with the gGeneral pPlan, zZoning oOrdinance and any applicable specific plans, and this tTitle;
(E) To review and approve voluntary lot mergers and unmergers pursuant to PMC Chapter 16.130 (Lot Mergers/Unmergers)PMC . When necessary to carry out these responsibilities, the Planning Director may authorize a designee to act on the Planning Director’s behalf.
When necessary to carry out these responsibilities, the City Engineer may authorize a designee to act on the City Engineer’s behalf, pursuant toin accordance with current sState law.
16.20.030 Planning Commission.
The Planning Commission is designated as the advisory agency regarding subdivisions, and shall have the authority as follows:
(A) To approve, conditionally approve or deny applications for tentative subdivision maps and extensions thereto, parcel map waivers, amendments of final maps pursuant to Government Code Section 66472.1, deferment of improvements, and exceptions to this tTitle in accordance withpursuant to PMC Section 16.00.040 (Exceptions); (B) To consider and act on any timely appeals of decisions of the Planning Director; (C) To review and approve involuntary lot mergers, and to consider and act on requests for hearing on determination of status regarding the merger of parcels or lots, pursuant to PMC Chapter 16.130 (Lot Mergers/Unmergers)PMC;
(D) To make recommendations to the City Council regarding an application’s conformance with the gGeneral pPlan, any applicable specific plan, and the zZoning oOrdinance with respect to any tentative or parcel map which proposes to create subdivided lots which are less than 7,000 square feet in area, for single-family attached or detached dwellings.
16.20.040 City Council.
The City Council shall have the authority to act as follows:
(B) To review and approve amended maps, pursuant to PMC Section 16.140.040 (City Council approval required);
(D) To act as the Appeal Board for purposes of hearing and deciding timely appeals of Planning Commission actions on land use issues regulated by this tTitle;
16.30.010 Requirement for a tentative map in lieu of a parcel map. (A) Pursuant to Government Code Section 66428, a tentative map shall be required, where a parcel map would otherwise be allowed by the Subdivision Map Act in the following circumstances:
(2) Access from the public right-of-way to the proposed lots within the subdivision of commercially or industrially zoned land , or mixed-use zoned land is provided through easements or reciprocal parking and access agreements, rather than by direct frontage to publicly dedicated and improved roadways; or
(B) Any required tentative map shall be processed in accordance withpursuant to the provisions of PMC Section 16.30.020 (Requirements for tentative maps) and PMC Chapter 16.40 (General Tentative Map Procedures)PMC.
16.30.020 Requirements for tentative maps.
(B) A parcel map shall be authorized for those subdivisions described in sSubsections (A)(1) through (5) of this sSection.
16.30.030 Requirements for parcel maps.
A parcel map or a tentative parcel map as provided in PMC Section 16.30.010 (Requirements for a tentative map in lieu of a parcel map) shall be required for all subdivisions creating four or fewer lots, four or fewer condominiums, a community apartment project containing four or fewer dwelling units, and for the conversion of the dwelling to a stock cooperative containing four or fewer units, except that parcel maps shall not be required for:
(B) Any interest in land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility, for rights- of-way where such conveyance has been reviewed in accordance withpursuant to this tTitle, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map; or (C) Lot line adjustments between four or fewer adjoining parcels, in accordance withpursuant to this tTitle; or
(D) The merger of contiguous parcels under common ownership, subject to the recordation of an instrument evidencing the merger, such instrument to be approved in accordance withpursuant to this tTitle.
16.30.040 Other maps.
(A) Vesting tentative maps may be filed pursuant to Government Code Section 66452(b) and PMC Chapter 16.100 (Vesting Tentative Maps)PMC.
(B) Final maps shall be filed pursuant to Government Code Section 66457 and PMC Chapters 16.70 (Final and Parcel Map Processing) and 16.80 (Additional Final and Parcel Map Requirements)PMC.
Chapter 16.40
16.40.030 Compliance with the City’s gGeneral pPlan and zZoning oOrdinance.
16.40.010 General.
The procedures set forth in this cChapter shall be applicable to tentative maps and tentative parcel maps.
16.40.020 Tentative map form and content.
Before any tentative map, or request for extension thereto, is accepted for filing, the subdivider shall file with the Director of Planning a completed application form, pay all applicable fees, and submit the required number of copies of the tentative map and all supporting materials and documents required on the City’s official application form. The Director of Planning and the City Engineer may, from time to time, amend the official application form and the map submittal requirements specified thereon. Tentative maps shall be prepared in a size, form, and manner acceptable to the Director of Planning and the City Engineer and shall be prepared by a duly authorized registered civil engineer or licensed land surveyor authorized to practice land surveying by the sState of California, pursuant to the requirements of the City Engineer. The tentative map shall be clearly and legibly drawn on one sheet and shall contain all information required by the official application form and any requirements identified during the preliminary review of the map by the City. Vesting tentative maps shall conform with PMC Chapter 16.100 (Vesting Tentative Maps)PMC. The Director of Planningand the Development Advisory Board may modify any of the above tentative map submittal requirements through the preliminary conceptual review process, if the type of subdivision does not need to comply with these requirements, or if other circumstances justify a modification or a waiver. The Director of Planning and Development Advisory Board may require other drawings, data, reports or information deemed necessary to accomplish the purposes of the Subdivision Map Act, the California Environmental Quality Act (CEQA) and this tTitle.
16.40.030 Compliance with the City’s gGeneral pPlan and zZoning oOrdinance.
All divisions of land pursuant to this tTitle shall conform to those development standards set forth in the zZoning oOrdinance for the zone in which the property proposed to be divided is located at the time the application for the tentative map is deemed complete. In accordance withPursuant to PMC Section 16.40.100(A), all divisions of land pursuant to this tTitle shall also conform with the City’s gGeneral pPlan, including all maps, goals, objectives, policies and implementation measures in effect at the time the tentative map is approved.
16.40.040 Determination of application completeness.
The Planning Department Division shall notify the applicant of its determination of completeness of the subdivision application, as required by Government Code Section 65943. The applicant shall have the right to appeal a decision that an application is incomplete, pursuant to Government Code Section 65943(c), through the appeal process set forth in the City’s zZoning oOrdinance, Section 20.11. The subdivider shall supply the requested plans and/or information within 60 calendar days of the notice of incomplete filing, or the provisions of Section 20.06 (Denial of Incomplete Applications) of the City’s zZoning oOrdinance will be applied to the application.
16.40.050 Notification of affected agencies.
Pursuant to Government Code Section 66455.7, notice of a proposed subdivision shall be provided to affected school districts within five days of the application being deemed complete. In addition, pursuant to Government Code Sections 66455 through 66455.9, notice may also be provided to other affected agencies, which may include but shall not be limited to the County of Los Angeles, the cCity of Lancaster, the cCity of Santa Clarita, sState agencies, including Caltrans and the Department of Water Resources, regional agencies, nearby town councils, transit providers, water districts, and other utilities or service providers.
16.40.060 Environmental review.
After determination that the tentative map application is complete, the Planning Department Division shall comply with the provisions of the California Environmental Quality Act ( CEQA), in accordance withpursuant to the time periods specified in Public Resources Code Section 21151.5.
16.40.070 Public hearing notice.
Notice of public hearing will be given pursuant to Government Code Section 65091 and Section 20.02 of the zZoning oOrdinance.
16.40.080 Affidavit of acceptance of conditions of approval.
No less than 14 days prior to the Planning Commission taking action on a proposed subdivision, the applicant shall file a statement with the Planning Department Division which expresses the applicant’s concurrence with, or objection to, any draft conditions of approval expected to be applied to the subdivision by the Planning Commission. An applicant’s objection to a condition or conditions of approval shall not be cause to delay the Planning Commission’s action on the application and will not limit the Planning Commission’s ability to apply any conditions deemed necessary to ensure that the proposed subdivision conforms to the criteria contained in PMC Section 16.40.100 (Findings for approval of tentative maps) and does not represent a risk to public health, safety and welfare. Failure to file such a statement may be cause to delay Planning Commission’s action on the applicant’s tentative map.
16.40.090 Time frames for action on tentative maps.
(A) The Planning Commission shall hold a public hearing on the map, and upon making all findings required in PMC Section 16.40.100 (Findings for approval of tentative maps), shall approve or conditionally approve the tentative map, or if such findings are not made, shall deny the tentative map, within the time frames established by Public Resources Code Section 21151.5, and Government Code Section 66452.2. (B) The time frames noted above may be extended by up to 90 days by mutual consent of the subdivider and the Directorof Planning. Additional extensions may be permitted as provided by prevailing statutory law or court decisions.
16.40.110 Modifications of approved or conditionally approved tentative maps.
Tentative maps and/or their conditions of approval may be amended upon application by the subdivider or, with consent of the subdivider, by action initiated by the Director of Planning or City Engineer, pursuant to this sSection.
(A) Minor modifications may be processed administratively without notice or public hearing; provided, that the proposed changes are consistent with the intent of the original map approval, and there are no resulting violations of this tTitle or the PMCCity of Palmdale Municipal Code. The following modifications are considered minor:
(1) Modifications to less than 10 percent of the total number of lots in the subdivision; provided, that there is no increase or decrease in the total number of lots within the subdivision;
(2) Modifications to the horizontal alignment of less than two feet, or vertical alignment of less than one foot, of any cul-de-sac, local or collector roadway when such modification does not affect off-site property; or
(3) Any other changes, which in the opinion of the Planning Director and/or City Engineer do not involve substantial changes to the map or the conditions of approval. (B) Any other amendment or modification of an approved or conditionally approved map shall be processed as a major modification, following procedures set forth in this cChapter for tentative map approval, except that such modification approval shall not alter the original expiration date of the tentative map.
16.40.120 Expiration of tentative maps and timely filing of final or parcel maps. (A) Effective through December 31, 2022. The initial approval or conditional approval of a tentative map shall expire 36 months from its adoption by the Planning Commission or, if appealed, from the City Council’s action. If, however, all of the following are true for a particular tentative map, then the initial or conditional approval of the tentative map shall instead expire 48 months from its adoption by the Planning Commission or, if appealed, from the City Council’s action: (1) the term of the tentative map has already been extended for the maximum number of years authorized by PMC Section 16.40.140 (Discretionary extensions of tentative maps) ; (2) the applicant has not previously, and cannot in the future, use the extension authorized by sSubsection (C) of this sSection.
Expiration of an approved or conditionally approved tentative map shall terminate all proceedings and no final or parcel map of all or any portion of the real property included within the tentative map shall be filed without processing a new tentative map in accordance withpursuant to the provisions of this tTitle. Once a complete and timely filing of a final map, as described in PMC Section 16.70.050 (Complete and timely final map filing with the City Engineer), has been made by the subdivider to the City Engineer, the final processing, approving and recording may lawfully occur after the date of expiration of the tentative map; however, should the City Engineer determine that a complete and timely filing has not been received, the tentative map shall expire on its expiration date, unless a complete and timely filing is received prior to that date.1 (A) Effective January 1, 2023. The initial approval or conditional approval of a tentative map shall expire 36 months from its adoption by the Planning Commission or, if appealed, from the City Council’s action. Expiration of an approved or conditionally approved tentative map shall terminate all proceedings and no final or parcel map of all or any portion of the real property included within the tentative map shall be filed without processing a new tentative map in accordance withpursuant to the provisions of this tTitle.
Once a complete and timely filing of a final map, as described in PMC Section 16.70.050 (Complete and timely final map filing with the City Engineer) , has been made by the subdivider to the City Engineer, the final processing, approving and recording may lawfully occur after the date of expiration of the tentative map; however, should the City Engineer determine that a complete and timely filing has not been received, the tentative map shall expire on its expiration date, unless a complete and timely filing is received prior to that date.
(B) A final map shall be deemed in substantial conformance with the approved tentative map if the Planning Director finds, in consultation with the City Engineer, that all of the following criteria are satisfied:
(1) The final map is in compliance with all conditions of approval applied to the tentative map;
(2) Less than 10 percent of the total number of lots in the subdivision have been modified in their configuration, and no increase or decrease in the number of lots has occurred, and a minor modification, in accordance withpursuant to PMC Section 16.40.110 (Modifications of approved or conditionally approved tentative maps) has been previously approved;
(3) No cul-de-sac, local or collector roadway has been modified by more than two feet in horizontal alignment or more than one foot in vertical alignment and a minor modification, in accordance withpursuant to PMC Section 16.40.110 (Modifications of approved or conditionally approved tentative maps) has been previously approved; (7) The final map is reflective of the requirements, standards, design and intent of the approved tentative map, as determined by the Planning Director and the City Engineer. (C) If the filing of multiple final maps is authorized under the tentative map approval, pursuant to PMC Section 16.40.130 (Phasing), and the Director of Planningand the City Engineer determine that a condition of approval of the tentative map is an expenditure in the amount specified under Government Code Section 66452.6(a), including specified adjustments for inflation, for public improvements of public rights-of-way which are outside and/or abut the boundary of the property to be subdivided and reasonably relate to the development of that property, then the tentative map will be extended for 48 months upon the timely filing of the first phase of the final map within the original approval period of the tentative map.
(1) Except as provided in sSubsection (C)(2) of this sSection, the timely filing of subsequent final maps authorized under the tentative map approval pursuant to this sSubsection shall extend the life of the tentative map for a period of 48 months from the date of the previously filed final map; provided, that such extensions shall not extend the tentative map more than 10 years. However, a tentative map on property subject to a development agreement may be extended for the period of time provided for in the agreement.
(2) Notwithstanding anything else in this sSubsection (C) to the contrary, the term of any tentative map extended under this sSubsection (C) shall not be extended except to the extent required by sState law. See Government Code Section 66452.6(a).
16.40.130 Phasing.
(A) If the subdivider plans to file multiple or phased final maps on the tentative map, the subdivider shall so indicate, at the time the tentative map application is submitted, by submittal of a proposed phasing plan, and a description of the phasing of infrastructure and improvements. The proposed phasing shall be reviewed by the Development Advisory Board and rReviewing aAuthority and shall be made a part of the approval of the tentative map. If, after approval of an unphased tentative map, the subdivider requests to submit multiple final maps or requests to modify previously approved phase boundaries or order of development, the following procedure shall apply. (1) The subdivider shall submit a proposed phasing plan, and a description of the phasing of infrastructure and improvements.
(2) The request will constitute a major modification of the approved tentative map and will be considered by the Planning Commission through a public hearing process. The Planning Commission may add any new conditions relating to the proposed phasing or any improvements deemed necessary to implement orderly development of the phasing.
The findings for approval or denial of a major modification to show phasing on a previously approved tentative map will be those contained in PMC Section 16.40.100 (Findings for approval of tentative maps) and described below:
16.40.140 Discretionary extensions of tentative maps.
(A) The subdivider may request an extension of the expiration date of the approved or conditionally approved tentative map by filing an application for discretionary time extension with the Planning Department Division prior to the expiration of the tentative map. Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which the map expires may be extended by the Planning Commission for a period or periods not exceeding a total of six years.
Upon the filing of the extension request, the map shall automatically be extended for 60 days or until the application is acted upon, whichever occurs first. The application for an extension of time shall be the same as the application for a tentative map as specified in PMC Section 16.40.020 (Tentative map form and content), and the subdivider shall pay all applicable fees. Environmental review shall be conducted in accordance withpursuant to the provisions of the Public Resources Code Section 21000, et seq., and California Code of Regulations Section 15000, et seq. Notice and an opportunity to be heard on tentative map extensions shall be provided in the manner specified in PMC Section
16.40.070 (Public hearing notice), and shall be reviewed and approved or disapproved in accordance withpursuant to the provisions of PMC Section 16.40.100 (Findings for approval of tentative maps). The Commission may deny an extension if it makes a finding, supported by evidence in the record, with respect to non-vested ing maps, that the extension will adversely affect the public health, safety or welfare, or if any of the findings contained in PMC Section 16.40.100 (Finings for approval of tentative maps) can no longer be made with respect to the proposed subdivision or, with respect to vesting maps, the Commission may deny an extension if it makes a finding, supported by evidence in the record, that any of the findings contained in PMC Section 16.100.060 (Expiration) are applicable.
(B) Extensions granted under this sSection shall not include any period of time during which a development moratorium is in effect.
(C) The Planning Commission’s action, made pursuant to this sSection, to approve or disapprove an extension to the expiration date of a tentative map may be appealed to the City Council in accordance withpursuant to the procedures set forth in Section 20.11 of the City’s zZoning oOrdinance. Notwithstanding any other time periods to the contrary that are set forth in zZoning oOrdinance Section 20.11, the Planning Commission’s decision may be appealed to the City Council by the subdivider by filing a written appeal within 15 days of the Planning Commission’s decision or by another person adversely affected by the Planning Commission’s decision by filing a written appeal within 10 days of the Planning Commission’s decision. The expiration of a tentative map will not be extended by the filing of an appeal, and no final map will be accepted by the City Engineer for any tentative map which has expired while under appeal, unless and until a time extension is granted by the rReviewing aAuthority.
16.40.150 Effect of consecutive subdivision maps.
(C) When a consecutive parcel map is filed on land which has been previously subdivided or on which a tentative map has been approved, the underlying parcels will not be merged, unless said consecutive parcel map is filed pursuant to PMC Chapter 16.120 (Reversion to acreage)PMC, and once recorded, the consecutive parcel map shall have the effect of creating parcels which may contain subdivided or tentatively subdivided parcels for the purpose of sale, lease or financing.
(D) Nothing in this sSection shall limit the City from applying reasonable conditions of approval to consecutive maps.
16.40.160 Effect of annexation on tentative and final maps. (B) When any area in a subdivision or proposed subdivision as to which a tentative parcel map, tentative map or vesting tentative map has been filed but a final map has not been finally approved, or as to which a parcel map is required by this tTitle but the final act required to make the parcel map effective has not been taken, is annexed to the City, the subdivider of the parcel map, tentative map or vesting tentative map shall process all necessary applications and revise any portion of the map which is not in conformance with the City standards which were in effect as of the effective date of the annexation within 24 months of the effective date of the annexation, prior to expiration of the tentative map, or prior to complete and timely filing of a final map or parcel map, whichever occurs first. The City may request that the subdivider attend a preapplication conference, pursuant to Section 20.03 of thePMC Section 17.20.030 (Pre-Application) of the City’s zZoning oOrdinance, to determine the extent of any required modifications. Any tentative map which is not brought into conformance with the City’s policies, rules and regulations which were in effect as of the effective date of the annexation in accordance withpursuant to the time frame specified above, will be considered expired, and no final map shall be processed by the City.
16.50.010 General.
The procedures set forth in this cChapter shall be applicable to tentative maps, and tentative parcel maps creating five or more parcels in accordance withpursuant to PMC Section 16.30.020 (Requirements for tentative maps) and PMC Chapter 16.40 (General Tentative Map Procedures)PMC.
16.50.020 Approval or disapproval of tentative maps which would create small lot subdivisions.
(A) The Planning Commission shall consider all tentative maps which would create small lot subdivisions and shall make a recommendation to the City Council with respect to the application’s compliance with the gGeneral pPlan, any applicable specific plan, and the zZoning oOrdinance.
(B) The City Council may approve, or conditionally approve a tentative map which would create a small lot subdivision if it can make the findings listed in PMC Section 16.40.100 (Findings for approval of tentative maps) . The City Council may prohibit or limit filing of multiple final maps or place reasonable conditions on filing of multiple final maps. In making its findings in support of the approval or disapproval, the City Council shall apply all ordinances, policies and standards in effect at the time the application was deemed complete; provided, however, that such other ordinance, policies and standards which may be applicable under the provisions of Government Code Section 66474.2(b) and (c) shall also be applied.
(C) The tentative map may be denied by the City Council on any of the grounds provided by the Subdivision Map Act and this tTitle. The City Council shall deny approval of the tentative map if it cannot make all of the findings listed in PMC Section 16.40.100 (Findings for approval of tentative maps).
16.50.030 Approval or disapproval of all other tentative maps. (A) The Planning Commission may approve or conditionally approve any tentative map, except those creating small lot subdivisions, if it can make the findings listed in PMC Section 16.40.100 (Findings for approval of tentative maps) . The Planning Commission may prohibit or limit filing of multiple final or parcel maps or place reasonable conditions on filing of multiple final or parcel maps. In making its findings in support of the approval or disapproval, the Planning Commission shall apply all City standards in effect at the time the application was deemed complete; provided, however, that such other City standards which may be applicable under the provisions of Government Code Section 66474.2(b) and (c) shall also be applied.
(B) The tentative map may be denied by the Planning Commission on any of the grounds provided by the Subdivision Map Act and this tTitle. The Planning Commission shall deny approval of the tentative map if it cannot make all of the findings listed in PMC Section
16.40.100 (Findings for approval of tentative maps).
(C) Any action taken by the Planning Commission on an application for a tentative map may be appealed to the City Council, pursuant to PMC Section 17.20.110 (Appeal Procedures) of theCity zZoning oOrdinance. Section 20.11.
16.60.010 General.
The procedures set forth in this cChapter shall be applicable to tentative parcel maps for four or fewer parcels, except as modified in Government Code Section 66426. The procedures set forth in PMC Chapter 16.40 (General Tentative Map Procedures)PMC shall also be applicable.
16.60.020 Approval or disapproval of tentative parcel maps.
Upon deeming an application complete pursuant to PMC Section 16.40.040 (Determination of application completeness) , and upon completion of environmental review as provided in PMC Section 16.40.060 (Environmental review), the Planning Director shall set the matter for public hearing and give notice as provided in PMC Section
16.40.070 (Public hearing notice). The Planning Commission may approve, conditionally approve or deny the tentative parcel map, pursuant to the provisions and findings set forth in PMC Section 16.40.100 (Findings for approval of tentative maps) . The Planning Commission may prohibit or limit filing of multiple parcel maps, or place reasonable conditions on the filing of multiple parcel maps.
16.60.030 Expiration and extensions of tentative parcel maps. (A) The initial approval or conditional approval of a tentative parcel map shall expire 36 months from its approval, unless this time period is extended. The subdivider may request an extension of the expiration date in accordance withpursuant to the provisions of PMC Section 16.40.140 (Discretionary extensions of tentative maps). Upon the timely filing of an extension request, the map shall automatically be extended for 60 days or until the application is acted on, whichever occurs first.
(B) The Planning Commission may approve, conditionally approve or deny the request for an extension in accordance withpursuant to the provisions of PMC Section 16.40.140 (Discretionary extensions of tentative maps) after making findings mandated in PMC Section 16.40.100 (Findings for approval of tentative maps). The actions of the Planning Commission may be appealed to the City Council under the provisions of zoning ordinance Section 20.11PMC Section 17.20.110 (Appeal Procedures) ; provided, that pursuant to Government Code Section 66463.5(c), the appeal period for the subdivider will be 15 days from the date of approval or disapproval of the time extension application by the Planning Commission.
16.60.040 Parcel map waivers.
(A) The requirements for a parcel map may be waived by the Planning Commission for the following divisions of land upon making the findings set forth in sSubsection (C) of this sSection:
(1) Division of real property or interests therein created by probate, eminent domain procedures, partition or other civil judgments or decrees; (2) Division of property which has been merged pursuant to this tTitle, the Subdivision Map Act or any prior ordinance of the City; or
(B) In order for the requirement for a parcel map to be waived, a written request for such a waiver shallmust be submitted to the Director of Planning as part of the tentative parcel map application.
(C) No waiver to the requirement for processing a parcel map shall be approved unless the Planning Commission finds that all of the following criteria are satisfied:
(1) That all parcels created front on existing maintained public roads, improved in accordance withpursuant to current City standards;
(2) That all parcels created are serviced by sanitary sewer facilities, in accordance withpursuant to current City standards;
(6) That all lots created by the proposed subdivision, and any remainder parcels, comply with all requirements of the Subdivision Map Act, the zZoning oOrdinance and this tTitle; (E) The parcel map waiver request shall be approved, conditionally approved or denied within the time frames set forth in PMC Section 16.40.090 (Time frames for actions on tentative maps).
(F) Upon the Planning Commission’s approval of a waiver of the parcel map pursuant to this sSection, the City Engineer shall file with the office of the County Registrar/Recorder a certificate of compliance, or conditional certificate of compliance, for the land to be divided and a plat map showing the division. The certificate shall include a certificate by the County Tax Collector in accordance withpursuant to Article 8 of Chapter 4 of the Subdivision Map Act.
(G) Actions by the Planning Commission approving or disapproving parcel map waivers may be appealed to the City Council under the provisions of PMC Section 17.20.110 (Appeal Procedures). Section 20.11 of the zoning ordinance.
16.70.010 General.
The form, contents, accompanying data, and filing of the final or parcel map shall conform to the provisions of the Subdivision Map Act and this tTitle. The final or parcel map and any accompanying data or additional information shall be prepared by or under the direction of a duly authorized registered civil engineer or licensed land surveyor authorized to practice in the sState of California.
16.70.020 Accompanying data and additional information.
The filing of accompanying data and additional information shall be required with the filing of the final or parcel map, in accordance withpursuant to PMC Chapter 16.80 (Additional Final and Parcel Map Requirements)PMC.
16.70.030 Final and parcel map form and content.
The form and content of the final or parcel map shall conform to the Subdivision Map Act, City standards, this tTitle, and applicable standards imposed by the County of Los Angeles for maps filed with the office of the Registrar/Recorder. The final form and content of the final or parcel map shall be to the satisfaction of the City Engineer.
16.70.040 Submittal to and review by the City Engineer.
Final and parcel map submittal and review procedures shall be pursuant to this cChapter and applicable City standards. The City Engineer shall review all final and parcel map submittals for conformance with the provisions of this tTitle, and may deem them incomplete and return all or portions of a submittal for reasons which include, but are not limited to the following: incomplete submittal or filing; untimely submittal or filing; nonconformance with the tentative map; nonconformance with the conditions of approval applied to the tentative map; nonconformance with this tTitle; nonconformance with City standards; errors on the final or parcel map, on any accompanying data, or on any additional information; or omissions on the final or parcel map, on any accompanying data, or on any additional information.
16.70.050 Complete and timely final map filing with the City Engineer. (A) The City Engineer shall determine that a complete and timely final map filing has been made if he or she determines that, at a minimum, the following items have been received, prior to the expiration of the tentative map:
(15) All additional requirements of PMC Chapter 16.80 (Additional Final and Parcel Map Requirements)PMC have been satisfied.
(B) Upon finding all statements and submittals complete and satisfactory in accordance withpursuant to this tTitle, the City Engineer shall sign the appropriate statements and transmit the original map, and any other items requiring City Council approval, to the City Clerk within 20 days of receipt of a complete filing, with a recommendation of map approval.
16.70.060 Final map approval by City Council.
The City Council shall not postpone or refuse approval of a final or parcel map because the subdivider has failed to meet a tentative map condition requiring construction or installation of off-site improvements on land which neither the subdivider nor the City has sufficient tTitle or interest to permit the improvements to be made. However in such case, prior to final map approval, the subdivider shall be required to enter into an agreement with the City to complete such improvements, pursuant to Government Code Section 66462, upon acquisition of said tTitle and interest by the City. Upon entering into such agreement, the City shall acquire the subject property interests in accordance withpursuant to the provisions of Government Code Section 66462.5. Failure of the subdivider to execute such an agreement shall be cause for the City Council to postpone or refuse approval of the final or parcel map.
16.70.070 Limitation on final map denial by City Council.
The City Council shall not deny approval of a final or parcel map if the City has previously approved a tentative map for the proposed subdivision and if the City Council finds that the final or parcel map is in compliance with the requirements of the Subdivision Map Act, this tTitle, and the approved tentative map.
16.70.080 Filing with the office of the County Registrar/Recorder. (A) Upon approval of the final or parcel map and subdivision improvement agreement by the City Council, the City Clerk shall execute the appropriate statement on the statement sheet and shall, subject to the provisions of Government Code Section 66464, transmit the map, or have the City Engineer transmit the map, to the County of Los Angeles Public Works Department lLand dDevelopment dDivision for final review, and then to the County of Los Angeles oOffice of the Registrar/Recorder for filing. The final or parcel map (with composite development plan, if applicable) and any separate documents (if required) shall be filed concurrently.
(B) If for any cause of the subdivider, the final or parcel map is not recorded by the oOffice of the County Registrar/Recorder within 180 days from the date the City Council approved the final or parcel map, then the City Council’s approval of the final map shall be automatically rescinded, and all bonds or sureties will be returned to the subdivider. If the tentative map has expired, the unit of land previously affected by the final or parcel map will automatically revert to its pre-map configuration. If the tentative map has not yet expired, then the tentative map will be considered in effect, except that such action shall not alter the expiration date of the tentative map.
16.70.090 Approval of parcel maps by City Engineer.
(B) The City Engineer may decline to approve the parcel map, and instead process it in accordance withpursuant to PMC Section 16.70.060 (Final map approved by City Council).
(C) The limitations on denial of a final map by the City Council as set forth in PMC Section
16.70.070 (Limitation on final map denial by City Council), shall apply to the City Engineer when approving a parcel map in accordance withpursuant to this sSection. (D) Any parcel map approved by the City Engineer in accordance withpursuant to this sSection shall be subject to the procedures and requirements set forth in PMC Section
16.70.080 (Filings with the office of the County Registrar/Recorder).
16.80.010 Survey and monuments required.
(A) An accurate and complete survey of the land to be subdivided shall be made by a duly authorized registered civil engineer or licensed land surveyor authorized to practice land surveying by the sState of California, pursuant to the requirements of the City Engineer. All information required by City standards shall be incorporated into the survey. (B) At the time of making the survey for the final or parcel map, or within two years from the complete and timely filing of the final or parcel map, whichever occurs first, the duly authorized registered civil engineer or licensed land surveyor, authorized to practice land surveying by the sState of California, pursuant to the requirements of the City Engineer, shall set sufficient durable monuments to conform with the standards of the Subdivision Map Act and City standards.
(C) The City Engineer may waive the requirements in sSubsections (A) and (B) of this sSection for parcel maps at his or her discretion.
16.80.020 Geotechnical, geologic, and soils reports.
(4) The development of the subdivision requires excavation into bedrock. (C) Geotechnical, geologic and soils reports, as required herein, shall be prepared by an engineer or geologist, as applicable, who is authorized to practice and prepare said reports by the sState of California. Said reports shall be reviewed and approved by the City Engineer. If public improvement plans or grading plans are required as part of the map approval process, the review and approval of the geotechnical, geologic or soils reports shall be required prior to approval of public improvement plans or grading plans.
The City Engineer may waive these requirements for parcel maps at his or her discretion, in the exercise of his or her professional judgment. The City Engineer shall make a copy of all approved reports available to the public.
16.80.040 Flood management.
Prior to approval of any tentative map or parcel map, the subdivider shall demonstrate, to the satisfaction of the City Engineer, that the design of the subdivision is such that it conforms with PMC Chapter 15.28 (Floodplain Management)PMC . The City Engineer may require studies, mapping, easements, design and construction as part of the final or parcel map processing to ensure that this requirement is met. Unless otherwise allowedpermitted by this tTitle, no final map shall be recorded if additional studies, engineering design, acquisition of easements or construction of flood control facilities are required for issuance of any building permit for the subdivision. The City Engineer shall make a copy of all approved studies available to the public. Such studies shall be prepared under the direction of a registered civil engineer.
16.80.050 Composite development plan.
(B) The content and form of composite development plans shall be governed by the provisions of this sSection and composite development plan standards established by the City Engineer. The composite development plan shall be prepared under the direction of a registered civil engineer or land surveyor and shall be in the form of an additional sheet or sheets adequately representing the streets, boundaries and lots or parcels of the final or parcel map to which it is attached and shall include the following provisions. (2) The plan shall contain a sSection titled “Composite Development Plan Notes.” This sSection shall list any conditions or mitigation measures stipulated in the project approval for the development of the subject property. Any explanatory notes related to criteria delineated on the map shall also be listed within this sSection. In addition, any related reports regarding development criteria shall be listed, including the following information:
tTitle and date of report; name and credentials of person or firm preparing report; and the location where the reports are on file. The plan shall delineate and note, at a minimum, the following information: general zoning and land use information (e.g., building setback lines and restricted use areas); geological and seismic information (e.g., fault zones, setback lines, and special foundation and restriction areas); grading information (e.g., top and toe of slope, slope heights and steepness and restriction areas); flood hazard and flood control information (e.g., flood hazard areas and depths, any requirements to ensure conformance with PMC Chapter 15.28 (Floodplain Management) PMC, and major flood control facilities); access limitations; and all easements and ground leases, with record data, not plotted elsewhere on the final or parcel map. In addition, the City Engineer, in consultation with the Director of Planning , may require that additional information be shown on the CDP, including but not limited to: incorporation of any special map requirements; and environmental information (e.g., wetland areas, ecologically sensitive areas, and areas restricted from development). The following statement shall be prominently displayed on each map sheet:
16.90.010 Applicability.
This cChapter shall apply to all conversions of existing residential real property to condominium, community apartments or stock cooperative projects or any other form of ownership except conversion projects for which a final or parcel map has been approved by the City Council prior to the effective date of the ordinance codified in this cChapter, or where the conversion involves a limited equity housing cooperative, as defined in Section 33007.5 of the Health and Safety Code. All provisions, conditions and further definitions of condominium development as included in the California Civil Code, Government Code, Revenue and Taxation Code, and Business and Professions Code shall apply to the divisions of real property as permitted herein.
16.90.020 Development review required.
In addition to the limitations and restrictions contained within this cChapter, the California Subdivision Map Act and applicable building and fire regulations of PMC Title 15 (Buildings and Construction) , no residential apartment unit shall be converted for sale, transfer, or conveyance as a community apartment project, stock cooperative project or condominium, without concurrently obtaining approval of a cConditional uUse pPermit or a mMajor mModification to a previously approved cConditional uUse pPermit.
16.90.030 Application requirements.
In addition to such other application requirements as are deemed necessary by the City, an application for conversion of a residential apartment unit shall not be accepted or considered complete unless the application includes all of the following information in a form acceptable to the Director of Planning except where such requirement is waived or modified by the Director of Planning:
(A) Physical Elements Report. A report prepared by a registered engineer or architect or licensed qualified contractor describing the physical elements of all structures and facilities, sound transmission levels between units, mechanical equipment, parking facilities and appliances.
Regarding each such element, the report shall state, to the best knowledge or estimate of the applicant, when such element was built; the condition of each element; when said element was replaced; the approximate date upon which said element will require replacement; the cost of replacing said element; and any variation or noncompliance of said element from the zZoning oOrdinance in effect at the time the application is filed with the City and building code in effect on the date that the last building permit was issued for the subject structure. The report shall identify any defective or unsafe elements and set forth the proposed corrective measures to be employed;
(D) A statement of repairs and improvements to be made by the subdivider necessary to refurbish and restore the project to achieve a level of appearance and safety consistent with applicable codes and ordinances, as specified in sSubsection (A) of this sSection; (F) Specific information concerning the demographic characteristics of the project, including, but not limited to, the following:
(4) Makeup of existing tenant households, including family size, length of residence, age of tenants, and whether receiving fFederal or sState rent subsidies; When the subdivider can demonstrate that such information is not it's not a, this requirement may be modified by the Director of Planning; (G) Signed copies from each tenant of notice of intent to convert, as specified in PMC Section 16.90.050 (Tenant provisions). The subdivider shall submit evidence that a letter of notification was sent to each tenant for whom a signed copy of said notice is not submitted. This requirement shall be deemed satisfied if such notices comply with the legal requirements for service by mail;
(H) Any other information which, in the opinion of the Planning Director, will assist in determining whether the proposed project will be consistent with the purposes of this cChapter;
(J) Copy to Buyers. The developer shall provide each purchaser with a copy of all submittals (in their final acceptable form) required by sSubsections (A) through (E), (H) and (I) of this sSection prior to said purchaser executing any purchase agreement or other contract to purchase a unit within the project, and the developer shall give the purchaser sufficient time to review said information. Copies of the submittals shall be made available at all times at the sales office and a notice indicating that such reports are available shall be posted at various locations, as approved by the City, at the project site. Copies shall be provided to the homeowners’ association upon its formation; (K) Final Information Submitted. Prior to entering into escrow on the first unit, the subdivider shall submit the following information to the Planning Department Division:
The final form of the physical elements report and other documents shall be as approved by the City. The reports in their acceptable form shall remain on file with the Planning Department Division for review by any interested persons until the conclusion of the conversion process. The report shall be referenced in the subdivision report to the Planning Commission.
16.90.040 Physical standards for condominium conversions. (A) Adequate Physical Condition. To achieve the purpose of this cChapter, the Planning Commission shall require that all condominium conversions conform to the PMCPalmdale Municipal Code, including the zZoning oOrdinance, in effect at the time of tentative map approval except as otherwise provided in this cChapter. In making the determination that the project is in conformance with the Municipal CodePMC, the following will be required:
(1) Prior to scheduling the tentative map for a public hearing, an inspection shall be conducted by the code enforcement division to determine project-wide conformance with the zZoning oOrdinance and other applicable chapters of the Municipal CodePMC. A report of any violations shall be included in the staff report to the Planning Commission.
The subdivider shall be responsible for the payment of any fees related to the inspection of the project.
(2) Prior to the approval of the final map, a physical inspection of the project site, including each individual unit, shall be made by the City of Palmdale Division of Building and Safety and Planning Department Division. Such inspection shall be made to ensure compliance with all applicable conditions of approval as specified in the tentative map and cConditional uUse pPermit approval. All such corrections shall be made prior to the approval of the final or parcel map. The subdivider shall be responsible for the payment of any fees related to the inspection of the project.
(B) Specific Physical Standards. The Planning Commission shall require conformance with the standards of this sSubsection in approving the map:
(4) Parking. Each unit shall be provided parking in accordance withpursuant to the zZoning oOrdinance, PMC Section 86Chapter 17.87 (Off-Street Parking and Loading). (7) Private Storage Space. Each unit shall have at least 150 cubic feet of enclosed weather-proofed and lockable private storage space in addition to guest linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Planning Commission but shall not be divided into two or more locations. (9) Landscape Maintenance. All landscaping shall be restored as necessary and maintained in accordance withpursuant to approved landscape plans. If a significant amount of new landscaping is required, revised/new landscape plans shall be submitted and approved by the Planning Department Division as part of the entitlement conditional use permit application . Such plans shall be subject to all applicable City ordinances including, but not limited to, PMC Chapter 14.05 PMC (Water Conservation inEfficient Landscapeing).
(10) Condition of Equipment and Appliances. The developer shall provide a warranty to the buyer of each unit at the close of escrow that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks and air conditioners that are provided have a useful life of at least one year. At such time as the developer relinquishes control over management of the development, pursuant to the covenants, conditions and restrictions, the developer shall provide a warranty to the association that any pool and pool equipment (filter, pumps, chlorinator) and any appliances and mechanical equipment to be owned in common by the association have a useful life of one year. Prior to final map approval, the developer shall provide the City with a copy of warranty insurance covering equipment and appliances pursuant to this sSubsection.
(11) Refurbishing and Restoration. All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas, and additional elements as required by the Planning Department Division shall be refurbished and restored as necessary to achieve a degree of appearance, quality and safety consistent with applicable City standards. The developer shall provide to the homeowners’ association and/or purchaser a one-year warranty on all physical improvements required under this sSubsection. If substantial restoration is required, the design plans shall be subject to Commission approval.
16.90.050 Tenant provisions.
(A) Notice of Intent. As provided in Government Code Section 66427.1(a), a notice of intent to convert shall be delivered by the subdivider to each tenant at least 60 days prior to submitting an application for the tentative map and cConditional uUse pPermit. The written notices to tenants required by this sSection shall be deemed satisfied if such notices comply with the legal requirements for service by mail. The form of the notice shall be in the form outlined in Government Code Section 66452.9 and approved by the Planning Department Division and shall inform the tenants of all rights provided under this cChapter and sState law.
(B) Notice of Public Report. As provided in Government Code Section 66427.1(a), each tenant shall receive 10 days’ written notice that an application for a public report will be or has been submitted to the Department of Real Estate, and that such report will be available on request from the Planning Department Division . The written notices to tenants required by this sSection shall be deemed satisfied if such notices comply with the legal requirements for service by mail.
(C) Notice of Final Map Approval. As provided in Government Code Section 66427.1(b), each tenant shall receive written notification within 10 days of approval of a final map for the proposed conversion. The written notices to tenants required by this sSection shall be deemed satisfied if such notices comply with the legal requirements for service by mail.
(D) Tenant’s Right to Purchase. As provided in Government Code Section 66427.1(d), any present tenant shall be given notice of an exclusive right to contract for the purchase of his or her respective unit and upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report unless the tenant gives prior written notice of his or her intention not to exercise the right. Evidence of receipt by each tenant shall be submitted prior to approval of the final map. The written notices to tenants required by this sSection shall be deemed satisfied if such notices comply with the legal requirements for service by mail. (E) Vacation of Units. Each tenant not in default under the obligations of the rental agreement or lease under which he occupies his unit, shall be given 180 days’ written notice of the anticipated date required to vacate the unit and when the 180-day period will begin. Evidence of receipt by each tenant shall be submitted prior to approval of the final map. The written notices to tenants required by this sSection shall be deemed satisfied if such notices comply with the legal requirements of service by mail. (G) Relocation Assistance. The subdivider shall provide relocation assistance equal to the reasonable cost of relocation to any tenant household living in any unit at any time prior to the tentative map approval, provided such tenant is not otherwise in default of the rental agreement or lease or that notice of intent to move has been given prior to receipt of notification from the developer of his intent to convert. The reasonable cost of relocation shall be determined by the Planning Commission and shall be based on the cost of physically moving the tenant’s property and belongings to a comparable apartment within the immediate vicinity, payment for first and last month’s rent and any security deposit at the new location, and a lump sum payment based on consideration of any differential between rental rates from the present location to the comparable apartment unit. If the tenant elects to purchase the unit, such relocation assistance may be applied as a credit to the cost of the unit. A tenant moving in after tentative map approval will not be required to be provided with moving expenses; provided, that the potential tenant, prior to signing an agreement or lease, has signed the notice as described in PMC Section 16.90.060 (Notice to new tenants). The developer shall also provide each tenant with a current list of other comparable rental properties available in the Antelope Valley portion of North Los Angeles County and shall periodically update such list as required by the Planning Director.
(H) The developer shall provide suitable alternate housing to tenant households, at no additional cost to the tenant, whose unit undergoes substantial remodeling or rehabilitation during conversion, if the unit being remodeled or rehabilitated is not habitable. The final determination of habitability and suitability shall be made by the City of Palmdale Division of Building and Safety.
16.90.060 Notice to new tenants.
After submittal of the tentative map and cConditional uUse pPermit applications to the City, any prospective tenants shall be notified in writing of the intent to convert prior to leasing or renting any unit. The form of the notice shall be as follows:
16.90.070 Effect of conversion on the City’s very low, low and moderate income housing supply.
(A) The developer will provide for a significant increase in housing for low and moderate income households or senior citizen households over and above the provisions of this cChapter;
(B) The developer will provide for the construction of new rental housing; (C) The developer will donate an acceptable site or acceptable amount of funds to the City for construction of new rental or senior citizen housing; (D) The need and demand for low cost home ownership to be provided for by this project will outweigh the detrimental effects caused by further reduction of the rental stock of low to moderate income housing.
16.90.080 Findings.
Prior to approval of the tentative map and cConditional uUse pPermit, the Planning Commission shall hold a public hearing. Notice of the hearing shall be given in accordance withpursuant to Government Code Section 65090, Section 20.02 of the City’s PMC Section 17.20.020 (Notice Procedures) of the zZoning oOrdinance and any other applicable City ordinance and policy. A copy of any staff report shall be served by the developer on each tenant of the subject property at least three days prior to the hearing, either by personal service or by posting the report on the front door of the unit and mailing it to the tenant. The Planning Commission shall not approve a tentative map for conversion of apartment units unless the Planning Commission finds that:
(A) All provisions of this cChapter are met;
(B) The proposed conversion is consistent with the goals, objectives, policies, general land uses and programs specified in the Palmdale gGeneral pPlan including the housing element, and with any applicable specific plan;
(C) The proposed conversion will conform to the Palmdale Municipal CodePMC in effect at the time of tentative map and cConditional uUse pPermit approval, except as otherwise provided in this cChapter;
(D) The overall design, physical condition and amenities of the condominium conversion are consistent with those associated with condominium developments throughout the City and such elements achieve a high degree of appearance, quality and safety; (E) The proposed project will not convert, during the current calendar year, more than five percent of the potentially convertible rental units in Palmdale for the current calendar year except as otherwise provided in this cChapter; and
16.100.010 Purpose and intent.
The purpose of this cChapter is to establish procedures for the implementation of Government Code provisions relating to vesting tentative maps. Except as otherwise specifically provided herein, the provisions of this cChapter shall apply to the filing, processing and review of vesting tentative maps as the term is defined in Sections 66424.5 and 66452 of the Government Code and the provisions of this tTitle. To accomplish this purpose, the regulations outlined in this cChapter are determined to be necessary for the preservation of the public health, safety and general welfare and the promotion of orderly growth and development.
16.100.020 Consistency requirements.
The approval of a vesting tentative map shall be consistent with the Palmdale zZoning oOrdinance, the City of Palmdale gGeneral pPlan, any applicable specific plan, and any other applicable City standards in effect at the time the vesting map application was deemed complete.
16.100.030 Application.
This cChapter shall be applicable to all vesting subdivisions. Whenever a provision of the Subdivision Map Act or this tTitle requires the filing of a tentative map for a subdivision, a vesting tentative map may instead be filed, in accordance withpursuant to the provisions of this cChapter.
16.100.040 Filing and processing.
A vesting tentative map shall be filed on the same form, have the same contents, and provide the same information and shall be processed in the same manner as set forth in this tTitle for a tentative map, except as hereinafter provided:
(B) The application for a vesting tentative map shall contain all information, materials, and reports required under PMC Section 16.40.020 (Tentative map form and content)and the information stated below:
(5) Pursuant to PMC Section 16.110.020(A), proof that all off-site easements required for the project have been acquired.
(C) A vesting tentative map shall not be accepted for filing unless all other discretionary land use approvals required for the proposed development, including site plan review applications, conditional use permits and variances, have been obtained, or applications for any such required entitlements are filed concurrently with the vesting tentative map.
16.100.050 Applications inconsistent with City standards.
Notwithstanding any provisions of this cChapter, if a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with City standards in effect at the time the application is deemed complete, the City may deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the zZoning oOrdinance to eliminate the inconsistency. If the change in the zZoning oOrdinance is obtained, the approved or conditionally approved vesting map shall, notwithstanding PMC Section 16.100.070 (Vested rights created by approval of vesting tentative map) , confer the vested right to proceed with the development in substantial compliance with the change in the zZoning oOrdinance and the map as approved.
16.100.060 Expiration.
The approval or conditional approval of a vesting tentative map shall be subject to the provisions of PMC Section 16.50.030 (Approval or disapproval of all other tentative maps) and shall lapse in accordance withpursuant to the provisions set forth in PMC Section
16.40.120 (Expiration of tentative maps and timely filing of final or parcel maps). A vesting tentative map may be extended under the provisions of PMC Section 16.40.140 (Discretionary extensions of tentative maps). The time extension for a vesting map will be reviewed for conformance with the City standards in effect at the time the vesting tentative map application was deemed complete. The Director Planning Commission may deny a time extension for a vesting map if it finds that:
(A) Failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety; or (B) The denial is required in order to comply with sState or fFederal law.
16.100.070 Vested rights created by approval of vesting tentative map. (A) Subject to the time limits established by sSubsection (C) of this sSection, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the City standards in effect at the time the vesting tentative map application is deemed to be complete. (B) Notwithstanding sSubsection (A) of this sSection n, a permit, approval, or entitlement may be made conditional or denied, even though such action may be contrary to the City standards described in sSubsection (A) of this sSection, if any one of the following are determined by the rReviewing aAuthority:
(2) The condition or denial is required in order to comply with sState or fFederal law. © The rights referred to in sSubsection (A) of this sSection shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in this tTitle.
If the final map is timely approved, such rights shall exist for the following periods of time:
(2) The initial time period set forth in sSubsection ©(1) of this sSection shall be automatically extended by any time used for processing a complete application for grading permit approval, if such processing exceeds 30 days from the date an application is accepted as complete.
(3) The subdivider may apply to the Planning CommissionDirector for a one-year extension at any time before the expiration of the initial time period set forth in sSubsection ©(1) of this sSection. If the extension is denied, the subdivider may appeal that denial to the City Council within 15 days thereafter. (4) If the subdivider submits a complete application for a building permit during the periods of time specified in sSubsections ©(1) through (3) of this sSection, the rights referred to herein shall continue to exist until the expiration of such permit, or any extension thereof.
16.100.080 Modifications to vesting tentative maps.
At any time prior to the expiration of a vesting tentative map, the subdivider, his or her successor, or his or her assignee, may apply for a modification to such map. A public hearing shall be held by the Planning Commission on any amendment involving a modification to the vesting tentative map or development related thereto, following procedures set forth for the modification of tentative maps in PMC Section 16.40.110(B).
Approval of a modification to a vesting tentative map or development related thereto, shall not alter the expiration date of the vesting tentative map. Any modification to a vesting map, proposed by the subdivider, will be evaluated for compliance with those City regulations, standards and policies in effect at the time the request for modification is deemed complete.
16.100.090 Subsequent permits, licenses and other entitlements for use.
The provisions of this cChapter shall not be construed to prevent the City from conditionally approving or denying any permit, license or other entitlement for use which is applied for by the subdivider after the approval of a vesting tentative map, provided such conditional approval or denial is made in accordance withpursuant to the City standards described in this cChapter.
16.110.010 General.
(A) The subdivider shall construct all required improvements, both on-site and off-site, in accordance withpursuant to the standards approved by City Council ordinance and applicable City standards as provided by this tTitle. Except as provided herein, the subdivider shall be required to install all improvements that are required as conditions of approval to the tentative map, and to install all improvements that are required by City ordinance or resolution.
16.110.020 Off-site improvements required.
(B) If the subdivider is required to construct off-site improvements on land in which neither the subdivider nor the City has sufficient tTitle or interest to allow construction, the subdivider shall provide written evidence that a good faith effort has been made to acquire the tTitle or interest in the land to construct required off-site improvements, in accordance withpursuant to City standards. If the subdivider, after a good faith effort, is unable to acquire the property, the City shall, within 120 days of filing the final map, acquire by negotiation or commence condemnation of the land, in substantial compliance with the procedures set forth in Government Code Section 7260, or the City shall waive the condition for the off-site construction. Prior to approval of the final map, the City shall require the subdivider to enter into an agreement to complete the off-site improvements at the time that tTitle or an interest in the land is acquired. The subdivider shall pay the cost of acquiring off-site land, or an interest in the land required to construct the off-site improvements, including reasonable attorney’s fees and costs, prior to initiation of acquisition proceedings by the City.
16.110.040 Improvement plans and standards.
(A) Standards for design and construction of subdivision improvements shall be in accordance withpursuant to the applicable City standards, the conditions of approval of the tentative map, and the requirements established by the City Engineer. (C) Public improvement plans shall be prepared under the direction of a registered civil engineer and shall be reviewed and approved by the City Engineer, if he or she can make the following findings:
(4) All conditions of approval relative to public improvement requirements have been addressed to the satisfaction of the rReviewing aAuthority and the City Engineer; (7) Approval of designs and plans has been obtained from all other applicable agencies, as required by the City Engineer, including but not limited to: Los Angeles County Department of Public Works, Los Angeles County Fire Department, County of Los Angeles sanitation districts, cCity of Lancaster dDepartment of pPublic wWorks, Palmdale wWater dDistrict, sState of California Transportation Department, sState of California Department of Water Resources, and United States Army Corps of Engineers. (D) All improvement plans shall be prepared in accordance withpursuant to the City standards in effect at the time the tentative map is deemed complete. However, the City Engineer may modify those City standards under the following conditions:
(2) When needed to comply with sState or fFederal laws; and,
16.110.050 Subdivision improvement agreements and improvement security.
Pursuant to the Subdivision Map Act, if any public improvement required as part of the approval of the subdivision will not be completed and accepted in accordance withpursuant to PMC Section 16.110.060 (Completion of improvements) prior to approval of the final map, then prior to a determination of a complete and timely filing of the final map by the City Engineer, the subdivider, at his expense, shall be required to enter into a subdivision improvement agreement with the City to complete said public improvements in accordance withpursuant to PMC Section 16.110.060 (Completion of improvements).
Performance of said agreement shall be guaranteed by the security specified in this sSection.
(A) Subdivision Improvement Agreements. The form and content shall be approved by the City Attorney. The agreement shall include, but not be limited to, the following minimum terms and conditions:
(6) Additional terms or provisions, as may be necessary, pertaining to the forfeiture, collection, and disposition of improvement security upon the failure of the contracting party to comply with the terms and provisions thereof or with the terms and provisions of this tTitle.
(C) Improvement Security. Improvement securities shall be required to be posted as a guarantee of the performance of any act, improvement, or obligation required as a condition of approval of any final map, parcel map waiver, lot line adjustment, or lot merger. Unless otherwise provided herein, all such improvement securities shall be provided in one of the following forms, subject to the approval of the City Engineer and City Attorney:
Any written contract or document creating security interest established pursuant to sSubsection (C)(3) of this sSection shall be recorded in the office of the County Registrar/Recorder. From the time of recordation, a lien shall attach to the real property described therein, which lien shall have the priority of a judgment lien in the amounts specified.
(F) Forfeiture. In addition to any other remedy provided by law, upon the failure of the subdivider to complete any improvement, act or obligations within the time specified in the improvement agreement, or upon failure of the subdivider to faithfully comply with the terms and provisions of this sSection or any improvement security given thereby, the City Council may, upon notice in writing of not less than 10 days served upon the person responsible for the performance thereof or upon notice in writing of not less than 20 days, served by registered mail addressed to the last known address of such person, determine that the foregoing have not been complied with or said work has not been completed, and may cause to be forfeited to the City such portion of said improvement security given for the performance of the foregoing.
16.110.060 Completion of improvements.
(A) Public improvements required as a condition of approval shall be completed in accordance withpursuant to this tTitle, unless they are deferred by the Planning Commission pursuant to PMC Section 16.110.030 (Deferred improvements). The City Engineer shall review and approve any improvement agreement, conduct an inspection, and approve any constructed public improvement necessary to satisfy this provision, with the City Council providing final approval of any agreement or acceptance of any completed public improvement.
16.110.070 Dedications.
(B) Dedication of Land or Payment of Fees in Lieu of Dedication for Parks. Dedication of parkland, or payment of fees in lieu of dedication of parkland, will be required pursuant to PMC Chapter 3.34 (Parkland Dedication)PMC.
(C) Right-of-Way Dedications and Grants of Easements. Right-of-way dedications and grants of easements required upon a final or parcel map shall either be accepted, accepted subject to improvement, or rejected by the City Engineer on behalf of the City, at the time the final or parcel map is approved. Acceptance of the dedication or easement shall serve to transfer the appropriate interest to the City, subject to the terms of the offer and the acceptance certificate. Rejection of the dedication or easement shall reserve the City’s ability to accept all or part of the dedication or easement in accordance withpursuant to sState law. The City Engineer shall determine whether to accept, accept subject to improvement or reject the dedication or easement, pursuant to City standards and the following criteria:
(1) Dedications or easements may be accepted without condition when it is for an arterial street designated on the circulation element map of the gGeneral pPlan, or for a drainage or flood control facility depicted in the master plan of drainage. Dedications or easements may be accepted subject to improvement when applicable public improvements are required as part of the dedications or easements. Dedications or easements which are accepted subject to improvement shall be considered public access and utility easements, without any responsibility or liability to the City, until such time as the improvements are accepted by the City Council as specified in this tTitle. (D) Fee tTitle shall be granted by the subdivider when, in the opinion of the City Council in consultation with the City Engineer, it is necessary to carry out policies and requirements of the gGeneral pPlan and any City ordinance, resolution or standard.
16.120.010 General.
Any subdivided property may be reverted to acreage pursuant to the provisions of the Subdivision Map Act and this cChapter. Subdivisions also may be merged and resubdivided without reverting to acreage, under the provisions of this tTitle.
16.120.040 Submittal of petition to the City Engineer.
The final or parcel map for the reversion, together with all other data as required by the City Engineer, shall be submitted to the City Engineer for review. Upon finding that the petition meets with all the requirements of the Subdivision Map Act and thistTitle, the City Engineer shall submit the final or parcel map, together with a report and recommendations of approval or conditional approval of the reversion to acreage, to the City Council for its consideration.
16.120.050 Conditions of reversion.
The City Council may require as conditions of the reversion:
(A) That owners dedicate or offer to dedicate streets, public rights-of-way or easements, including easements or fee interest for flood control facilities; (B) That all or a portion of previously paid fees, deposits or improvement securities be retained if the same are necessary to accomplish any of the purposes or provisions of this tTitle, the City’s zZoning oOrdinance, and other provisions of the Municipal CodePMC;
(C) Payment of any additional fees necessary to accomplish any of the provisions of this cChapter; or,
16.120.060 City Council approval.
A public hearing shall be held by the City Council on all proposed reversions to acreage.
Notice of the public hearing shall be given as provided in the City zZoning oOrdinance.
The City Council may approve a reversion to acreage only if it finds that:
16.130.010 Voluntary mergers.
(A) Any contiguous parcels or units of land held under common ownership may be merged at the request of the property owner(s), pursuant to Government Code Section 66499.203/4 and this cChapter. Except as provided in PMC Section 16.40.140 (Discretionary extensions of tentative maps), approval and recordation of a final or parcel map over previously subdivided property shall be deemed to have merged those properties, and this cChapter shall have no force or effect. (B) Record owner(s) of contiguous lots may file a request with the Planning Director to merge said contiguous parcels. The request for merger shall be made on a form prescribed by the Planning Director, and accompanied by a fee as established by City Council resolution.
(C) The Planning Director, in consultation with the City Engineer, may approve a voluntary lot merger only if the Planning Director finds that:
(D) The Planning Director may require as conditions of the lot merger:
(1) That all or a portion of previously paid subdivision fees, deposits or improvement securities be retained if they are necessary to accomplish any of the provisions of this cChapter;
(2) Payment of any additional fees necessary to accomplish any of the provisions of this cChapter; and,
(3) Such other conditions as are necessary to accomplish the purposes or provisions of this tTitle or necessary to protect the public health, safety or welfare. (E) A voluntary parcel merger shall become effective when the Planning Director causes a notice of merger to be filed with the office of the County Registrar/Recorder.
16.130.020 Involuntary mergers.
(A) Criteria. Pursuant to Government Code Section 66451.10 et seq., the City may initiate the merger of a parcel of land with a contiguous parcel held by the same owner(s), if the Planning Commission determines that all of the following requirements are satisfied:
(4) With respect to each affected parcel, one or more of the following conditions is met:
(f) The parcel does not have sufficient dimensions to allow development that conforms to zZoning oOrdinance development standards, or the proposed development is inconsistent with the gGeneral pPlan and any applicable specific plan, other than minimum lot size or density standards; or,
(B) Notice of Intention to Determine Status. Pursuant to Government Code Section 66451.13, the Director of Planning shall mail, by certified mail, a notice of intention to determine the status of the affected parcels to the then current owner(s) of record. The notice shall advise the owner(s) that the affected parcels may be merged under the standards specified in this cChapter, and it shall advise the owner(s) of the opportunity to request a hearing of the determination of status and to present evidence at the hearing that the affected parcels do not meet the criteria for merger. The Planning Director shall cause the notice of intention to determine status to be filed for recordation with the office of the County Registrar/Recorder on the date that the notice is mailed to the property owner(s).
(C) Hearing. If the property owner files with the Planning Director, a request for a hearing on determination of status within 30 days after recordation of the notice of intention to determine status, the Planning Director shall establish a hearing date for the Planning Commission to consider the merger. The Planning Director shall notify the property owner(s) of the hearing by certified mail. The Planning Commission shall conduct a hearing not more than 60 days following receipt of the property owner’s request for the hearing. The hearing date may be postponed or continued with the mutual consent of the Planning Commission and property owner(s).
(D) Determination of Status Following Hearing. At the hearing, the property owner(s) may present evidence that the affected parcels do not meet the standards for merger specified in this cChapter. At the conclusion of the hearing, the Planning Commission shall determine whether the affected parcels are to be merged or are not to be merged, and shall notify the owner of its determination.
(E) Recordation of Notice of Merger. At the direction of the Planning Commission, the Planning Director shall cause a notice of merger, specifying the names of the record owners and particularly describing the real property, to be recorded within 30 days after conclusion of the hearing.
(F) Determination Not to Merge. If the Planning Commission determines that the affected parcels are not to be merged, the Director of Planning shall cause to be recorded a release of notice of intention to determine status and shall mail a clearance letter to the then current owner(s) of record.
(G) Determination of Merger Where No Hearing Is Requested. If, within 30 days after recordation of the notice of intention to determine status, the owner of the affected parcels does not file a request for a hearing, the Planning Commission may at any time thereafter make a determination that the affected parcels are to be merged or are not to be merged.
At the direction of the Planning Commission, a notice of merger shall be recorded not later than 90 days after the date when the Director of Planning mailed the notice of intention to determine status.
(H) Appeal. The decision of the Planning Commission made under this cChapter may be appealed, pursuant to PMC Section 17.20.110 (Appeal Procedures) . zoning ordinance Section 20.11.
16.140.010 Requirements.
(F) To correct any other type of map error or omission as approved by the City Engineer, which does not affect any property right. Such errors and omissions may include, but are not limited to, lot numbers, acreage, street names and identification of adjacent record maps. For purposes of this sSection, an “error” does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map.
16.140.030 Submittal and approval by City Engineer.
(A) The amending map or certificate of correction, completed as to final form, shall be submitted to the City Engineer for examination. If the only changes made are those set forth in PMC Section 16.140.010 (Requirements), then the City Engineer shall certify to this fact on the amending map or certificate of correction, within the time period specified in Government Code Section 66471.
(B) If the City Engineer determines that proposed changes are beyond the scope of the changes listed in PMC Section 16.140.010 (Requirements), the amending map or certificate of correction must be submitted to the City Council for review and approval, pursuant to Government Code Section 55472.1 and PMC Section 16.140.040 (City Council approval required).
16.140.040 City Council approval required.
A certificate of correction or an amending map may be used to make modifications to a final or parcel map filed with the office of the County Registrar/Recorder when there are changes, which are beyond the scope of the changes listed in PMC Section 16.140.010 (Requirements), that make any or all of the conditions of the map no longer appropriate or necessary, when the modifications do not impose any additional burden on the present fee owner of the property, and when the modifications do not alter any right, tTitle or interest in the real property reflected on the recorded map. The modifications shall be set for public hearing by the City Council, who shall confine the hearing to consideration of, and action on, the proposed modification and issues related thereto.
16.150.010 General.
(A) A lot line adjustment may be approved between four or fewer existing adjoining parcels, where a greater number of parcels than originally existed is not thereby created, in accordance withpursuant to the following provisions:
(1) Applications for lot line adjustment shall be filed with the City Engineer on the forms prescribed and shall be reviewed and approved by the City Engineer, in consultation with the Director of Planning.
(2) Review by the City Engineer and the Planning Director shall be limited to whether or not the parcels resulting from the proposed lot line adjustment will comply with the zZoning oOrdinance and building code.
(3) Conditions of approval and exactions shall be limited to those required to facilitate conformance with the Palmdale gGeneral pPlan, zZoning oOrdinance, building code or the relocation of existing utilities, infrastructure or easements. (B) City Engineer and Director of Planning shall approve or disapprove the lot line adjustment within the time frames established by Public Resources Code Section 21151.5, and Government Code Section 66452.2. The City shall comply with the requirements of the California Environmental Quality Act, to the extent required, if any conditions of the lot line adjustment are likely to have a potential impact on the environment, and shall comply with applicable notice and hearing requirements, if the adjustment or the conditions of approval may affect the interests of surrounding property owners.
16.150.020 Filing with the office of the County Registrar/Recorder.
Upon approval of the lot line adjustment pursuant to this sSection, the City Engineer shall file with the office of the County Registrar/Recorder a certificate of compliance or conditional certificate of compliance of the affected parcels and a plat map showing the revised lot lines. The certificate shall include a certificate by the County Tax Collector in accordance withpursuant to Division 8 of the Subdivision Map Act.
16.160.010 General.
Any person owning real property may request the City Engineer, in consultation with the Director of Planning , to determine whether the lot or parcel was lawfully created in compliance with the Subdivision Map Act or predecessor law and this tTitle, as of the date the lot or parcel was created. A written application for a certificate of compliance shall be accompanied by the applicable fee and a preliminary tTitle report not more than six months old that shows the legal owners of the property.
16.160.020 Review by City Engineer.
(A) If the City Engineer determines that the real property complies with the provisions of the Subdivision Map Act and this tTitle, the City Engineer shall file a certificate of compliance for record with the office of the County Registrar/Recorder. The certificate of compliance shall identify the real property and shall state that the division thereof complies with the provisions of the Subdivision Map Act and this tTitle. (B) If the City Engineer determines that the lot or parcel does not comply with the provisions of the Subdivision Map Act or this tTitle at the time the owner acquired his or her interest in the property, the City Engineer may, as a condition of granting the certificate of compliance, impose conditions to bring the lot or parcel into compliance with the City’s standards that were in effect at the time of the property owner’s acquisition of the property. (C) If the City Engineer determines that the lot or parcel was created in violation of the Subdivision Map Act or this tTitle, and the current owner was the owner at the time of the illegal subdivision, the City Engineer may, as a condition of granting a certificate of compliance, impose conditions that would be applicable to a current division of property.
16.165.020 Reimbursement agreements – Development projects other than subdivisions.
In connection with the approval of development projects other than subdivisions, the City Engineer may recommend that the City Council, by the adoption of a resolution or the approval of an agreement, authorize reimbursement to a developer, including a school district, special assessment district, or other person or entity, either by direct payment or deferred reimbursement, for a portion of the cost of constructing facilities which will directly benefit properties in an area outside the area to be served by the subject development project, and the facilities, when completed, will be dedicated or conveyed to the City or to another public entity designated by the City. Such authorization action shall conform to the requirements of the applicable sState laws and may include the establishment of a reimbursement district, local benefit district, or an area of benefit and the rates, fees or charges to be applied, whether actual or estimated.
16.165.030 Bidding procedures and award of contract.
(A) The procedure for the receipt of bids and the award of contract for improvements or facilities subject to a reimbursement agreement and which are to be constructed by a special assessment district or any public agency directly controlled by sState law shall be as required by the particular laws applicable.
(B) The procedure for the receipt of bids and the award of contract for improvements or facilities subject to a reimbursement agreement and which are to be constructed pursuant to private contract let by a subdivider or developer which is an independent contractor, and neither a public agency, nor an agent of the City, shall be subject to review by the City Engineer in order to ensure that actual total cost of construction is fair, reasonable and consistent with estimated costs which are to be allocated or apportioned to properties within the area of benefit. Such rReview aAuthority shall not be construed as the exercise of direction, supervision or control by the City over the construction, pursuant to private contract, of the subject improvement or facilities. The procedure subject to review by the City Engineer may include or require the following:
(2) To the extent practicable, obtaining sealed bids from at least three bidders.
Prospective bidders may be prequalified in accordance withpursuant to guidelines submitted by the subdivider or developer and approved by the City Engineer.
Prequalification guidelines shall be designed to ensure that bidders possess the requisite experience, skill, safety record, resources and financial capability, and the ready access to materials and labor, to assure timely and satisfactory completion of the improvements or facilities in accordance withpursuant to the bid documents and to optimize economic benefits to the affected property owners;
(4) The opportunity for the City Engineer to review all bids submitted and to determine whether the successful bidder, as designated by the subdivider or developer, has submitted a bid which is fair, reasonable and consistent with the estimated costs which are to be allocated or apportioned to properties within the area of benefit in accordance withpursuant to the terms and provisions of the reimbursement agreement. If such a determination cannot be made by the City Engineer, reimbursement of actual total costs incurred in constructing the improvements or facilities shall be subject to appropriate reduction.
16.165.040 Payment of costs required by reimbursement agreement.
In order to pay the costs as required by any reimbursement agreement authorized pursuant to this cChapter, the City may:
16.170.010 Prohibition.
(A) No person shall sell, lease or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, for which a final or parcel map is required by the Subdivision Map Act or this tTitle, until such map, in full compliance with the Subdivision Map Act and this tTitle, has been filed for record with the office of the County Registrar/Recorder. (B) Conveyances of any part of a division of real property for which a final or parcel map is required by the Subdivision Map Act or this tTitle shall not be made by parcel or block number, letter or other designation, unless and until such map has been filed for record by the office of the County Registrar/Recorder.
(C) This sSection does not apply to any parcel or parcels or a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law, including this tTitle, regulating the design and improvement of subdivisions in effect at the time the subdivision was established.
(D) Nothing contained in sSubsections (A) of this sSection shall be deemed to prohibit an offer or contract to sell, lease or finance real property or to construct improvements thereon where such sale, lease or financing, or the commencement of such construction, is expressly conditioned upon the approval and filing of a final map or parcel map, as required under the Subdivision Map Act or this tTitle.
16.170.020 Remedies.
(A) Any deed of conveyance, sale or contract to sell real property which has been prepared in violation of the provisions of the Subdivision Map Act or this tTitle is voidable at the sole option of the buyer, or any personal representative, within one year after the date of discovery of such violation. The deed of conveyance, sale or contract to sell is binding upon any successor in interest of the buyer and upon the grantor. (B) The City shall not issue a permit or grant any approval necessary to develop any real property which has been divided in violation of the provisions of the Subdivision Map Act or this tTitle, if it finds that development of such real property is contrary to the public health or the public safety. The authority to deny or approve such a permit shall apply whether the applicant therefor was the owner of record at the time of such violation, with or without actual knowledge of the violation at the time of the acquisition of an interest in such real property.
If the City issues a permit or grants approval for the development of any real property illegally subdivided, the City may impose any additional conditions which would have been applicable to the division of property at the time the current owner of record acquired the property. If the property has the same owner of record as at the time of the initial violation, the City may impose conditions applicable to a current division of property. If a conditional certificate of compliance has been filed for record in accordance withpursuant to the provisions of this tTitle, only those conditions or stipulations in that certificate shall be applicable. In such circumstances, a property owner may first apply for and obtain a certificate of compliance or conditional certificate of compliance.
16.170.030 Notice of violation.
If the City Engineer has knowledge that real property has been subdivided in violation of the provisions of the Subdivision Map Act or this tTitle, a notice of intention to record a notice of violation shall be mailed by the Engineering Department, by certified mail, to the current owner of record, pursuant to Government Code Section 66499.36, and the process and review of a notice of violation will be conducted as set forth in that sSection.
To: Honorable Mayor and City Councilmembers
From: William P. Curley III, Interim City Attorney
Date: August 16, 2023
Re: Recommendation to adopt an ordinance establishing the annual designation of the positions of Mayor and Mayor Pro Tem.
***************************************************************************** The City Council has been requesting the presentation for the adoption of an ordinance establishing a definite and certain process for the annual designation of the position of Mayor and Mayor Pro Tem.
The goal is to define a simple, clear , and predicable process for designating the Mayor while allowing flexibility in the designation of the councilmember who will assist them during times of absence or as may be requested.
Presented for consideration and adoption is an ordinance that simply follows, in numerical sequence, the five electoral districts established in the City of Palmdale. For the first cycle, District 3 will have served out of sequence by District of the 2022 mayoral designation. Accordingly, after the initial 2022 term, the mayoral designation will be 2023 -2024: District 1; 2024-2025: District 2; 2025-2026: District 4; 2026 -2027: District 5. For the 202 7-2028 year the district 1 through 5 designated annual sequence shall commence and continue thereafter.
The Mayor Pro Tem shall annually, after the mayor is designated, be selected by a majority vote of the entire city council; this is three (3) affirmative votes.
This City Council may introduce and adopt this ordinance pursuant to the authority of the City of Palmdale charter and municipal code.
CITY OF PALMDALE, A CHARTER CITY,
COUNTY OF LOS ANGELES, CALIFORNIA
ORDINANCE NO. 1611
AN ORDINANCE OF THE CITY OF PALMDALE, AMENDING SECTION
2.08.010 OF THE PALMDALE MUNICIPAL CODE TO ESTABLISH THE PROCESS
OF ANNUALLY DESIGNATING THE MAYOR AND SELECTING THE MAYOR PRO TEM
A. INTENT OF THE CITY COUNCIL:
1. The City of Palmdale desires to establish a clear, definite, and certain process to annually designate a Mayor and Mayor Pro Tem. The City‘s prior change from a directly elected mayor position necessitates the adoption of a replacement protocol to establish a city governance structure.
2. The City Council further is intending to respect, as to the office of Mayor, the districts adopted by the City, to ensure that all residents will in an orderly fashion, have their respective council member serve in the role of Mayor. The role shall follow the numerical sequencing of the five districts in mathematical order, commencing with District 1.
3. The Office of Mayor Pro Tem will be, as has been initiated, appointed by a majority vote of the whole City Council (3 affirmative votes are required to appoint the Mayor Pro Tem).
4. All legal prerequisites to the adoption of this ordinance have occurred as required by the law.
B. ORDINANCE
THE CITY COUNCIL OF THE CITY OF PALMDALE DOES ORDAIN AS FOLLOWS:
SECTION 1. This Council hereby confirms its legislative intent as set forth in Section A of this Ordinance and hereby incorporates Section A by reference herein.
SECTION 2 . The existing text of Palmdale Municipal Code Section 2.08.010 is hereby repealed in its entirety and replaced with the following new section 2.08.010, to read as follows:
(A) “Designation of Mayor: On an annual basis at the first meeting in December for designation of the council member who serves as Mayor, the council member representing the numerically next in order electoral district shall be designated as Mayor for the calendar following year. The 2024 Mayor will be the incumbent in District 1, with, each following year, the incumbent in the next calendar year.
Specifically, District 1, District 2, District 3, District 4, and District 5, with the successive cycle continuing thereafter. Notwithstanding the foregoing, no electoral District in the City shall have a representative serve twice within a five (5) year period. For certainty, District 3 shall not have a representative serve as mayor in this initial five (5) year rotation.
(B) Designation of Mayor Pro Tem: The City Council, after installing the Mayor, shall by a majority vote of the whole City Council, designate the council member who shall serve as the Mayor Pro Tem for the following year. The City Council may from time-- to--time replace the Mayor Pro Tem, if deemed necessary for the best interest of the City of Palmdale.”
SECTION 3. California Environmental Quality Act. The City Council finds the approval of this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to: (a) CEQA Guidelines Sections 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; (b) CEQA Guidelines Section 15061(b)(3) because it has no potential for causing a significant effect on the environment; and under (c) 15378(c)(2), because CEQA does not apply to procedure making. This Ordinance merely changes and establishes the period of time under which– it does not authorize any construction which would not already have been analyzed under CEQA and is within the scope of the City charter. A major is designated and limitations on District service as mayor, and the selection of a Mayor Pro Tem.
SECTION 4. 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.
SECTION 5. All legal prerequisites and pre-conditions to the introduction, enactment, and adoption of this Ordinance have occurred as required by law and policy.
SECTION 6. The City Clerk shall certify 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
Interim City Attorney Acting City Clerk
I, Rochelle Scott, Acting City Clerk 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 16th day of August 2023.
AYES:
NOES:
ABSTAIN: ABSENT:
Date:
Rochelle Scott, Acting City Clerk
To: Honorable Mayor and City Councilmembers
From: William P. Curley III, Interim City Attorney
Date: August 16, 2023
Re: Consideration and adoption of City Council Rules and Regulations; Recommendation to adopt a Resolution
***************************************************************************** The City Council previously adopted, last year, a set of rules and regulations commonly referenced as “norms”. These regulations have not proven to be effective or followed in any regular manner. A clear set of rules and regulations will allow for the efficient, fair , and appropriate framework by which the City Council, City staff, the community , and third parties interact with each other in the course of conducting City business. California Government Code Section 36813 applicable to the City of Palmdale via its charter, expressly allows for the adoption and enforcement of rules:
“CHAPTER 1. Organization [36801-36815] (Chapter 1 added by Stats. 1949. Ch.79). 36813. The council may establish rules for the conduct of its proceedings. It may punish a member or other person for disorderly behavior at a meeting.
(Added by Stats. 1949, Ch. 79.).
Many cities have adopted similar rules to ensure transparency as to how th e local agency operates.
We recommend that the City Council adopt the attached Resolution, as presented or as amended.
CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2023-052
A RESOLUTION ESTABLISHING A CODE OF CONDUCT FOR CITY COUNCIL
MEMBERS AND OFFICIALS AND ESTABLISHING RULES FOR CONDUCTING CITY COUNCIL MEETINGS.
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. Code of Conduct; Core Principles. The City Council finds and declares that its members, and all members of appointed boards, commissions, and committees (collectively, “Public Officials”), will abide by the following Core Principles:
A. Public Officials should comply with both the letter and spirit of the laws and policies affecting the operations of government;
B. Public Officials are expected by the public to be independent, impartial, and fair in their judgment and actions;
C. Serving in public office is a privilege and should be exercised in trust for the public good, not for personal or political gain; and
D. Public deliberations and processes should be conducted openly, unless legally confidential, in an atmosphere of respect and civility, that respects all points of view, desires of attendees and the best interest of all residents, businesses and visitors to the City.
SECTION 2. General Policies. Implementing the Core Principles is one of the guiding objectives in adopting this Resolution. Accordingly, in addition to all requirements of applicable law, Public Officials must adhere to the following policies:
A. Conduct of Public Official
The professional and personal conduct of Public Officials must be above reproach and avoid even the appearance of impropriety. Public Officials will refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other Public Officials, City employees, or the public, and shall adhere to this Resolution at all times.
B. Respect for Process
City of Palmdale
Resolu?on No. CC 2023-052
Public Officials will perform their duties in accordance with the processes and rules of order established by the City Council governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions.
C. Conduct of Public Meetings
Public Officials will fully prepare themselves for public issues, listen courteously and attentively to all public discussions before the body, and focus on the business at hand. They will refrain from interrupting other speakers, making personal comments not germane to the business of the body, or otherwise interfering with the orderly conduct of meetings.
D. Communication (Exparte/Private)
Members will publicly share substantive or new information that is relevant to a matter under consideration, or which may become by the City Council or boards, commissions, and committees, which they may have received from sources outside the public decision-making process.
E. Confidential Information
Members must respect the confidentiality of information concerning City property, personnel, or proceedings of the City. They will neither disclose confidential information without proper legal authorization nor use such information to advance their personal interest.
F. Advocacy
When presenting their individual opinions and positions, Public Officials will expressly state they do not represent their body or the City of Palmdale nor will they allow the inference that they do. All written correspondence expressing an individual opinion and position must be on personal stationery and not on City stationery.
G. Policy Role of Public Officials/ City Manager Authority Public Officials must respect and adhere to the council-manager structure of the City of Palmdale city government with a respect to the City Manager’s relationship with the City Council. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by the public, boards, commissions, and committees and City staff. The City Manager implements that policy. No member of the City Council shall give individual direction or threaten in any way, interfere with the management of the City Manager, or threaten the employment of any City executive, employee, contractor, or consultant. The City Manager may decline individual orders, requests or demands from an individual council member without fear of repercussion.
City of Palmdale
Resolu?on No. CC 2023-052
SECTION 3. Substance Abuse Policy.
A. While acting in their official capacities, Public Officials will refrain from imbibing alcohol or any substance that may impair the Public Official to the point that it impairs their judgment, physical coordination, speech, or mental process.
B. At all times, Public Officials will refrain from the use of a controlled substance, narcotic, amphetamine, barbiturate, prescribed or over the counter medication in excess of the prescribed dosage, or other prescribed hallucinogenic substance.
C. Public Officials who have substance abuse problems are encouraged to make every effort to overcome such problems and to utilize the services of the Employee Assistance Program (EAP). Using the EAP is confidential.
SECTION 4. Anti-Harassment Policy.
A. Harassment of an applicant or employee by a Public Official on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, sexual orientation, gender identity, veteran or military status, sex or age will not be tolerated, and the City will take all actions necessary or desirable to terminate such behavior.
B. Harassment for any reason, including but not limited to the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, sexual orientation, gender identity, employment by the City, veteran status, sex, or age includes but is not limited to, the following examples:
1. Verbal Harassment- Epithets, derogatory comments, or slurs on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, sexual orientation, gender identity, veteran or military status, sex or age or job performance, failure to perform as directed by less than majority of the City Council.
2. Physical Harassment- Assault, impeding or blocking movement, or any physical interference with normal work or movement when directed at an individual on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, sexual orientation, gender identity, veteran status, sex, or age.
3. Visual Forms of Harassment- Derogatory posters, notices, bulletins, cartoons, or drawings on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, sexual orientation, gender identity, veteran status, sex, or age.
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4. Sexual Favors- Unwelcome sexual advances, requests for sexual favor, and other verbal or physical conduct of a sexual nature that is conditioned upon employment benefit, unreasonably interferes with an individual’s work performance, or creates an offensive work environment.
SECTION 5. Anti- Nepotism Policy. The City will not hire relatives of Public Officials. If a Public Official’s relative presents a matter to the City, then that Public Official cannot participate in or attempt to influence decision–making regarding that matter. For purposes of this policy a “relative” is defined as blood, by-adoption, or stepparent, spouse or registered domestic partner, sibling, child or in-law, and their children and children-in-law.
SECTION 6. Expected Conduct.
A. Public Officials will request administrative services only through the City Manager or the City Manager’s designee.
1. Public Officials cannot direct, order, or make demands on any City employee, other than inquiries that can be readily answered routinely and without research. The City Manager shall be the sole judge of the staff’s duty to respond to the Public Official.
2. Public Officials cannot attempt to reorganize an employee’s priorities or influence the manner by which City staff performs their assigned functions or duties.
3. Public Officials cannot retaliate or threaten to retaliate against employees, including threats or termination, as a result of disagreements over policy or individual recommendations.
4. Public Officials cannot threaten a City employee, or any affiliates of theirs, with disciplinary action, including termination.
5. Report to the full council any individual meetings with City staff, third parties, City consultants, the public or other officials to ensure transparency and full disclosure is the rule in the City, subject to legal limitations.
B. Public Officials must always act collectively in a properly noticed and constituted meeting. Public Officials do not have the authority to make decisions or take actions on behalf of the body unless expressly authorized to do so.
1. Public Officials cannot make representation or promises to any third party, including consultants and business entities, regarding the future actions of the City of Palmdale
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City or of the body of which they are a member, unless such representation or promise has been duly authorized by the appropriate body.
2. When making public utterances, Public Officials must make it clear whether they are authorized to speak on behalf of the body of which they are a member, or whether they are presenting their own views.
3. Public Officials cannot interfere in any manner, direct or indirect, with the manner by which the City Manager performs his or her duties.
C. Public Officials who are members of boards and commissions must limit their activities to matters within their subject matter jurisdiction.
1. Boards and commissions can address only those matters determined by the Palmdale Municipal Code or by the City Council to be within their subject matter jurisdiction; staff need not place on an agenda, provide resources for, or implement requests, directions for actions outside that jurisdiction. Unless directed otherwise by the City Council, Commissions, and Boards must refrain from consideration of policy issues that are under active consideration by the City Council.
2. The City Council as a whole will provide direction and guidance to its subsidiary bodies. All subsidiary bodies shall conform to their by-laws or guidelines to this provision upon the City Council adoption of this resolution.
Only with proper authorization.
D. City resources must be used solely for proper governmental purposes, and only with proper authorization.
1. City letterhead may only be used by Public Officials for official City business.
2. City employees cannot be asked or directed to spend time on non-City business.
3. Public Officials cannot use or disclose information obtained through City service for improper purposes.
SECTION 7. Enforcement. To enforce the Core Principles, and the policies set forth in this Resolution to implement those Core Principles, the City Council adopts the following requirements for enforcement:
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A. A complaint regarding a violation of the Code of Conduct may be filed with either the Mayor, the City Manager, or the City Attorney (collectively, the “Investigator”) by the reporting party.
B. Upon receiving a complaint, the person receiving the complaint may take one of the following actions depending on the circumstances of the alleged violations of law or policy:
1. Take no action;
2. Conduct a preliminary investigation of the allegations before recommending any action. Following such a preliminary investigation into the complaint, the Investigator may then either take no action or place the matter on a future City Council agenda with a recommendation for consideration; or
3. Place the matter on a future City Council agenda for consideration.
C. If a complaint is placed on the City Council agenda, the City Council may take the following action:
1. Take no action;
2. Initiate an investigation of the allegations before considering any discipline identified in this Resolution; or
3. Based upon substantive evidence, take one of the disciplinary actions identified in this Resolution.
4. Nothing in this policy precludes individual City Council Members from making public statements regarding alleged conduct.
D. In addition to any other remedy provided by applicable law, the City Council may undertake one or more of the following actions after finding a violation of this Resolution occurred:
1. Admonition. This is the least severe form of action. An admonition may typically be directed to all members of the City Council, reminding them that a particular type of behavior is in violation of law or City Policy. An admonition may be issued by the City Council before any findings of fact regarding allegations, and because it is a warning or reminder, would not necessarily require an investigation or separate hearings to determine whether the allegation is true.
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2. Sanction. This is the next most severe form of action. Sanction may be directed to a particular member of the City Council based on a particular action (or set of actions) that is determined to be in violation of law or City policy. A sanction is distinguished from censure in that it is not a punishment. A sanction may be issued based upon City Council review and consideration of a written allegation of a policy violation. The member accused of a violation will have an opportunity to provide a written response to the allegation. A sanction may be issued by the City Council and because it is not punishment or discipline, would not necessarily require an investigation or separate hearings.
3. Censure. Censure is the most severe form of action. Censure is a formal statement of the City Council officially reprimanding one of its members. It is a punitive action, which serves as a penalty imposed for wrongdoing, but it carries no fine or suspension of the rights of the member as an elected official.
Censure should be used for cases in which the City Council determines that the violation of law or policy is a serious offense. To protect the overriding right to freedom of speech, the City Council cannot impose censure on any of its members for the exercise of his or her First Amendment rights, no matter how distasteful the expression was to the City Council and the City. However, nothing can be construed to prohibit the City Council from collectively condemning and expressing their strong disapprobation of such remarks. AS decision to censure requires the adoption of a Resolution making findings with regard to the specific charges, based on substantial evidence, and approved by a two-thirds vote of the City Council.
SECTION 8. Rules of Procedure for Meetings; Authority. Rules of Procedure for City Council meetings are adopted pursuant to Government Code §36813. In the absence of separate procedural rules for individual boards and commissions, the Rules of Procedure adopted by this Resolution will apply to all City subsidiary boards and commissions.
These Rules are intended to comply with the Ralph M. Brown Act (Government Code §§ 54950-54962). The Brown Act will supersede any conflicting provision of the Rules.
SECTION 9. General Rules.
A. Rules of Order. The City Council finds as follows:
1. City Council proceedings should be governed by common sense and good taste. Pursuant to applicable laws, including, without limitation, this Resolution and Rosenberg’s Rules of Order (this Resolution controls) any issue of procedure relating to the conduct of a meeting or hearing not otherwise provide for in these Rules may be determined by the Mayor, subject to a vote of the entire Council. In addition, the City Council may, City of Palmdale
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upon majority vote, alter or modify any provision of this Policy when appropriate or desirable.
2. These Rules are adopted to expedite the City Council’s business transactions in an orderly fashion and are procedural only. Failure to strictly observe these rules will not affect the City Council’s jurisdiction or invalidate any Council action conforming with applicable law.
B. Right of Floor.
Council Members wishing to speak must first be recognized by the Mayor and, with the exception of Council Reports, limit any remarks to the agenda matter being considered. Failure to limit one’s remarks is a violation of this Resolution, shall be immediately stopped as being out of order and subject to all penalties available.
C. City Manager.
The City Manager will attend all meetings of the City Council unless excused. I his/her absence, the City Manager will designate an Acting City Manager to attend.
The City Manager may make recommendations and has the right to take part in all City Council discussions of the Council but cannot vote.
D. City Attorney.
The City Attorney will attend all meetings of the Council unless excused, and in his/her absence, an Assistant City Attorney will attend. The City Attorney, upon request, may give legal opinions, either written or oral, on questions of law and act as the City Council’s parliamentarian under this Resolution and Rosenberg’s Rules of Order. The City Attorney shall provide general comments related to City matters or discussion as the incumbent deems necessary or desirable.
E. City Clerk.
The City Clerk will attend all meetings of the Council unless excused. In his/her absence, the Deputy City Clerk will attend. The City Clerk will record, prepare, and maintain the City Council’s official record and perform other related duties as prescribed by the City Code, City Council and /or City Manager.
SECTION 10. Mayor- Duties.
A. Presiding Officer
The Mayor, if present, will preside at all meetings. In the Mayor’s absence, the Mayor Pro Tem will preside. In the absence of both, the Council Members present will select a Temporary Presiding Officer by majority vote.
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B. Call to Order
The Mayor or Mayor Pro Tem will bring the meeting to order at the time noticed in accordance with applicable law. In the absence of both, the meeting will be called to order by the City Clerk.
C. Point of Order
The Mayor will determine all points of order, subject to the right of any Council Member to appeal to a vote of a majority of the quorum.
D. Motion to Be Stated
The Mayor will state all motions submitted for a vote and announce the result. A roll call vote must be taken upon the request of any Council Member.
SECTION 11. Preparation of Agenda.
A. Order of the Agenda
The Agenda will be organized solely in accordance with the City Manager’s direction for the efficient business of the City.
B. Minutes
Unless requested by a majority of the quorum, minutes may be approved without reading.
C. Future Agenda Items
Each Agenda may include an Agenda item entitled “Council Reports.” During this section of the Agenda any Council Member may make a motion only to place an item on a future Agenda. The motion is non-debatable. Placement of an item on a future Agenda requires a majority vote. The City Manager has discretion as to when the item will be placed on the Agenda, unless otherwise directed by the City Council.
SECTION 12. Citizens’ Rights.
A. Persons seeking to address the City Council must comply with the following:
1. Members of the public may address the City Council only on items within the subject-matter jurisdiction of the City Council. A determination of whether an item is appropriate for discussion will be made by the Mayor with the City Council’s consent.
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2. Each speaker may be limited to a time period determined by the Mayor for Public Comment and on all other items on the Agenda.
3. All remarks must be directed to the City Council as a body and not to any particular Council Member or City employee.
4. No person, other than Council Members and the person having the floor are permitted to participate in the discussion except as otherwise requested by the Mayor.
5. No question may be asked of Council Members or City employees except through the Mayor.
6. When any identifiable group of persons, as distinguished from the general public, seeks to address the City Council on the same agenda item, the Mayor has the discretion to ask that the group select a spokesperson to address the City Council. If additional issues are to be presented at the hearing by any other member of such group, the Mayor may limit the number of persons to address the City Council to avoid unnecessary repetition of information presented to the City Council.
B. Written Materials
Any person may submit written materials to the City Council for consideration.
Should a person wish to have written materials considered by the City Council as part of an agenda item other than a public hearing, they must be submitted with not less than ten (10) copies, during working hours no later than twenty-four (24) hours before the scheduled meeting.
C. Disrupting legal meetings
Any members of the public making disruptive remarks or who becomes disruptive while addressing the Council or attending the City Council meeting so as to disrupt, disturb or otherwise impede the orderly conduct of the City Council meeting will be removed forthwith by the Presiding Officer and barred from further audience before the City Council at that meeting unless permission to continue is granted by a majority vote of the City Council.
SECTION 13. Miscellaneous Rules.
A. Silence
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During a collective oral vote (Ayes and Nays), the silence of any Council Member denotes an affirmative vote.
B. Continuance of an Item
Upon a Council Member’s request and by majority vote, an item (not subject to a deadline) may be continued to the next agreed-upon meeting. Anyone may request a continuance of an item and the City Council, by majority vote, may grant a continuance.
C. Failure to Vote
Every Council Member should vote unless disqualified by reason of a Conflict of Interest. If a member abstains because of a legal conflict of interest, he/she is not counted as part of the quorum and is not deemed to be voting.
If a member abstains for reasons other than a legal conflict of interest, he/she will be counted in establishing a quorum. Such an abstention will be counted with the majority vote of the quorum unless there is no majority in which case it will not be counted as a vote.
D. Lost Motions
1. A lost motion is one that fails to receive the necessary number of votes to carry.
To revive a lost motion at the same meeting, the proper action is a motion to reconsider.
2. If a motion is lost on an Ordinance or action for the expenditure of money, or any motion when the legally required number of votes for passage is there; when two Members of the City Council are absent, the matter will be automatically continued to the next regular meeting. In the case of an Urgency Ordinance, the matter will be automatically continued when one Council Member is absent.
E. Motion to Reconsidered
A motion to reconsider any action taken by the City Council may be made in accordance with the following:
1. The motion must be made by a Council Member, the majority vote, or, in the case of a lost motion, by any Council Member and may be seconded by any Council Member.
2. Except as otherwise provided, the motion must be made before the adjournment of the meeting at which the original action was taken.
3. The motion is debatable and has precedence over a pending motion.
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4. Except as otherwise provided, if the action to be reconsidered is a Public Hearing item, it must be re-noticed in the event the motion to reconsider passes. Where it is clearly established that all interested members of the public are still present, the item may be reconsidered without further notice.
F. Tie Votes
If a tie vote occurs when a Member of the City Council is absent, the item will be automatically continued once to the next regular meeting of the City Council. Except in the event of an appeal to the City Council, if a tie vote occurs as a result of the abstention of a Council Member, the motion is lost. If a tie vote on an appeal occurs as a result of the abstention of a Council Member, the appeal is deemed denied.
G. Changing the Vote
A council Member may change his/her vote only if the change is made immediately following the announcement of the vote by the Mayor and before the next agenda item is announced, provided the Mayor determines the matter should be voted upon again and not continued to a future meeting.
H. Abstention
A Council Member who publicly announces that he/she is abstaining from voting on a particular matter will not subsequently be allowed to withdraw the abstention.
I. Recusal- Non-Profit Organization Board of Director Member City Council Members must recuse themselves from contract and/or funding allocation decisions if they sit on boards of directors of non-profit organizations which are being considered for funding from the City.
SECTION 14. Rules of Debate.
A. Mayor as Presiding Office
The Mayor may move, second, and debate from the Chair and retains all rights and privileges of a Council Member.
B. Appeals
Any ruling of the Mayor may be appealed at the request of any Council Member.
The Mayor must call for a roll call vote to determine if the ruling is upheld.
C. Motions
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A motion may be debated by the City Council after it is made. During debate any Member of the City Council may “Call for a second.” If a second is not forthcoming, the motion dies for lack of a second. If the motion is seconded, the debate may continue.
D. Precedence of Motions
When a motion is before the Council, no other motion may be considered except:
1. Motion to Amend- Debatable only as it relates to the amendment. An amendment which modifies the motion is an order; however, a substitute motion is in order if the intent is changed. Amendments are voted on first, and the main motion vote is last. A motion may be amended more than once with each amendment being voted on separately. There may only be one amending motion on the floor at any one time.
2. Motion to Postpone- A motion to postpone indefinitely is debatable.
3. Motion to Table- Undebatable and not subject to amendment.
The purpose of a motion to table is to temporarily bypass the item. If a motion to table is adopted, the item may be taken from the table at any time before the adjournment of the best regular meeting. If the item is not taken from the table in the time specified, the business of the item is lost.
4. Motion for Previous Question
A motion for the previous question closes debate on the main motion and is non- debatable. If the motion fails, de bate is reopened; if mo tion passes, then a vote must be taken on the main motion.
5. Request for Personal Privilege.
Any request for a “personal privilege” must be approved by the Mayor before the request is granted. The Mayor may deny the request.
SECTION 15. Adjournment. At 10:30 p.m., if business has not concluded, no new business will be considered unless by a majority vote that the City Council agrees to begin new business. Items under consideration at 10:30 p.m. may be concluded. Any remaining items will be postponed to the next regularly scheduled City Council meeting.
SECTION 16. Amendment/Suspension. The City Council may amend or suspend these rules at any time upon majority a vote of the City Council.
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SECTION 17. Administrative Mandamus. Persons who are dissatisfied with a decision of the City Council may have the right to seek a review of that decision by a court. In addition, the City has adopted §1094.6 of the Code of Civil Procedure which generally limits ninety (90) days the time within which the decision of City boards and agencies may be judicially challenged.
SECTION 18. Unless specifically referenced, this Resolution supersedes all previous resolutions purporting to establish rules and procedures for rules of conduct and procedures for City Council meetings including, without limitation, Resolution No. CC 2022-103 adopted October 5, 2022. Accordingly, those resolutions are rendered moot upon adoption of this Resolution and are accordingly repealed. Nothing in this Resolution shall is intended to, nor does it supersede the City’s most recently adopted Conflict of Interest Code or State law, including Fair Political Practices Commission rulings and common law rulings.
SECTION 19. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 20. The Mayor, or presiding officer, is hereby authorized to affix his/her signature to this Resolution signifying its adoption by the City Council of the City of Palmdale, and the City Clerk or his/her duly appointed deputy, is directed to attest thereto.
SECTION 21. This Resolution will become effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF PALMDALE 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
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I, Rochelle Scott, Acting City Clerk of the City of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 16th day of August, 2023 by the following roll call vote:
AYES:
NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:
Rochelle Scott, Acting City Clerk
August 16, 2023
Honorable Tammy Baldwin
United States Senate
709 Hart Senate Office Building
Washington, DC 20510
Honorable Alex Padilla
United States Senate
112 Hart Senate Office Building
Washington, DC 20510
Re: Support for Protecting U.S. Manufacturing Jobs, Community Investments and Promoting Innovative Workforce and Community Partnerships
Dear Senators Baldwin and Padilla,
On behalf of the City of Palmdale, I would like to express concern about a provision in the proposed Federal Aviation Administration reauthorization that could jeopardize long term investment in clean vehicles as well as hurt the State of California and our community in the Antelope Valley.
Build Your Dreams (BYD), and its spinoff Real Innovation Delivered with Excellence (RIDE), is the world's leading manufacturer of battery electric vehicles. Their plant in the Antelope Valley employs hundreds of men and women who are members of the Sheet Metal Air Rail and Transportation (SMART) Workers Union, Local 105. The products built here are deployed by transit agencies around the country and are on the ground in United States airports including Los Angeles International, Atlanta and Kansas City.
A partnership between the company, the Union and the Antelope Valley College has created the nation’s only United States Department of Labor registered, electric transit vehicle manufacturing apprenticeship program.
This apprenticeship utilizes an industry recognized credential called the Industrial Manufacturing Technician certification to train existing BYD/RIDE employees and members of SMART Local 105 to be highly skilled, safe, and efficient assemblers, testers, welders, painters, technicians, joiners, fabricators, and quality control specialists.
Honorable Tammy Baldwin
Honorable Alex Padilla
August 16, 2023
In fact, in 2022 the United States Department of Labor recognized this partnership as an Apprenticeship Ambassador, particularly for its intentional commitments to recruiting women, workers of color, systems impacted individuals, veterans and disadvantaged workers into good jobs that pay family sustaining wages and benefits in a region that has experienced historical economic disinvestment.
For these reasons, we are especially troubled that any expansion of Title 49, Section 50101, 5323(u), via the pending "Securing Growth and Robust Leadership in American Aviation Act" (also known as the FAA Reauthorization Bill) could jeopardize long term investment in a highly skilled and trained workforce, whose more than 650 production workers receive family- supporting wages and benefits.
Specifically, we’re concerned that subsection 2B of Section 423 Limitations on Certain Rolling Stock Procurements would not only undo the longstanding community- and worker-led partnership that the Antelope Valley relies on for economic prosperity but would also unintentionally rollback the widespread adoption of zero emissions clean air vehicles throughout the nation.
We greatly appreciate your attention on this matter, especially at this critical time when your support for the slew of federal investments in new technology are set to steer our economy toward a clean energy future. Now, more than ever, is it critical to support innovative and deep investments in working Americans as part of the transition away from fossil fuels.
Should you have any questions about our partnership or the coalition that has formed around supporting high quality jobs in the Antelope Valley, we would be happy to meet with you to discuss this further. Please do not hesitate to contact the City at 661/267-5100.
Sincerely,
Laura Bettencourt
Mayor