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Page '133
City Council Staff Report
DATE: MAY 15, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
CAPITAL IMPROVEMENT PROGRAM DIVISION
DISTRICT: 5
SUBJECT: APPROVE THE FIRST AMENDMENT TO THE AGREEMENT WITH KTUA FOR PN 839, MCADAM PARK RENOVATION PROJECT, TO
INCREASE THE AGREEMENT BY$53,763 FOR THE TOTAL NOT TO
EXCEED AMOUNT OF $527,758 WITH AN EXTENSION OF AN
ADDITIONAL 135 CALENDAR DAYS FOR A TOTAL OF 3 75
CALENDAR DAYS
RECOMMENDATION
Staff recommends that the City Council:
1. Approve the First Amendment to Agreement No. A -8166 with KTUA for PN 839, McAdam Park Renovation Project to increase the agreement by $53,763, for the total not to exceed amount of $527,758 with an extension of an additional 135 calendar days for a total of 375 calendar days, and;
2. Authorize the City Manager or her designee to execute the First Amendment to Agreement No. A -8166 with KTUA, including minimal and/or non -substantial changes.
BACKGROUND
On January 11, 2023, the City Council awarded a design contract to KTUA for a renovation project at McAdam Park in the amount of $473,995 for a term of 240 calendar days. On April 13, 2023, Agreement No. A-8166 was executed with KTUA to commence the design work. The scope of the work includes modifications to the park to house the Palmdale Pony League. Modifications to the site will include a new restroom and concession building, a new lighted ballfield, updated Musco lighting on the existing fields, a maintenance storage shed, a revised parking lot layout, and upgrades to the existing playground tot lot. The consultant will prepare construction plans, technical specifications, and construction cost estimates.
Report to Mayor and City Council
Re: First Amendment to Agreement No. A-8166
May 15, 2024
DISCUSSION
During the design development, it was noted that some additional tasks needed to be incorporated into the original scope of work. These tasks include:
1. Recycled Water Irrigation Plan Permitting. McAdam Park uses recycled water for irrigation purposes. Using recycled water for irrigation requires a permit from the County Department of Health. To prepare the standalone plans, application and any follow-up with the County had not been included in the original scope of work.
The additional scope includes field visits as required;
2. Entry Monument sign. During a site visit, it was noted that the existing sign is old, in poor condition, and not visible to the public. This scope of work is added to the project;
3. The original work scope included a minor environmental clearance modification.
However, upon further evaluation of the scope of work, it was determined that a major modification application was needed to be submitted. The major modification requires a higher level of effort that requires additional fees and studies, and,
4. During the design process, it was noted that a maintenance storage building is needed to house materials, equipment, and tools for the park maintenance.
Incorporating the maintenance building was not part of the original scope of work.
In addition to the above scope of work and the time needed to finalize the said scope, it is estimated the contract time should be extended for 135 additional calendar days.
FISCAL IMPACT
$53,763; The project is funded in Account No. P0130157-724525. Sufficient funds are budgeted and available in FY 2023-24. The total contract amount can be seen in the following table:
Project Summary Cost
A-8166, Design Contract $473,995
Amendment No. 1 $53,763
Total Contract Amount $527,758
Report to Mayor and City Council
Re: First Amendment to Agreement No. A-8166
May 15, 2024
STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.
C. Plan and maintain safe and attractive neighborhoods, streets, facilities, and public spaces with exciting programming that promotes active fun for everyone.
Prepared by: Lynn Glidden, P.E., Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENTS
Agrmt No. A-8166 First Amendment with KTUA
Agrmt No. A-8166 with KTUA
FIRST AMENDMENT TO AGREEMENT A-8166
BETWEEN THE CITY OF PALMDALE AND KTUA
This FIRST Amendment to Agreement No. A-8166 (“Agreement”) is made and entered into by and between the City of Palmdale (hereinafter called “CITY”) and KTUA (hereinafter called "PROJECT DESIGNER"). This Contract shall become effective on the date of the last signatory.
WHEREAS, on April 13, 2023 ("Original Agreement") the CITY and PROJECT DESIGNER entered into an agreement to provide:
Landscape architectural design services on PN 839 - McAdam Park Renovation, located at 38115 30th Street East.
WHEREAS, the parties desire to amend the Original Agreement to:
Include PROJECT DESIGNER's added Scope of Work, extend time for an additional 135 calendar days, and add increased costs of $53,763.00.
I.
TASK 1: RECYCLED WATER IRRIGATION PLAN PERMITTING
A) Complete required design plans and process the permits.
B) Create a standalone recycled water (RW) irrigation plan package.
C) Facilitate the RW permit process with County of Los Angeles Health Department (COLAHD) and Palmdale Water District (PWD), including the application forms for each respective agency.
D) Order mylars and coordinate agency signings of the title sheet.
E) Notes / Assumptions:
a. Assemble all plan review fees, deposits, permit fees, and inspection fees. CITY to pay agencies fees for RW plan review.
b. CITY to pay any additional fees for re-application or costs associated with re- submitting the plan review package. PROJECT DESIGNER is responsible for all plan corrections and coordination of resubmittal.
c. Estimated RW permitting fees expected to be approximately $10,000. d. Civil plans are subject to the review and approval of COLAHD and the PWD. Any additional plans required are not included in this proposal.
TASK 1A: RW IRRIGATION PLAN PERMITTING - FIELD VISIT (OPTION) A) Option for one (1) PROJECT DESIGNER site meeting with Agencies, as needed, during the construction phase.
B) Exclusion: PROJECT DESIGNER will not be present for additional site meetings.
CITY Representative will attend all on-site meetings with COLAHD and /or the PWD (Pre-Construction, Construction Review, Irrigation Coverage Review, Cross- Connection Test, etc.)
TASK 2: ENTRY MONUMENT REPLACEMENT
1-5Concord - Document ID: generated after first signature A) Demolition of the existing entry monument for the park.
B) Coordinate the design with the sign manufacturer, the CITY, as well as the design teams structural and electrical engineers.
C) Draft and provide design drawings for the construction of the proposed entry monument.
TASK 3: MAJOR MODIFICATION PERMIT PLAN REQUIREMENTS
A) Includes additional time required for the electrical engineer to complete the required/desired light study and plans not previously included in the original scope. - Includes showing exterior site lighting improvements and the coordination of the location/screening of the proposed new Utility (SCE) transformer.
TASK 4: METAL STORAGE BUILDING AND EXISTING RESTROOM RENOVATION A) Includes the demolition of the existing storage building to provide a new 1,125 sf prefab metal storage building.
- Site fencing details will be included to enclose the perimeter of the storage facility. - This assumes that all existing utilities are present and adequately sized to accommodate the new facility.
- Includes Major Modification drawings, Construction Documents (60%, 90%, 100%), Bidding and Construction Administration support.
B) Includes the renovation of the existing restroom building - New ADA compliant hardware
- New Title 24 compliant lighting
- Includes Major Modification drawings, Construction Documents (60%, 90%, 100%), Bidding and Construction Administration support.
II.
PROJECT DESIGNER proposed fees shall be on a lump sum basis of FIFTY THOUSAND, EIGHT HUNDRED EIGHTY-THREE Dollars ($50,883.00). This does not include agency permit and inspection fees or the $2,880.00 of optional service.
III.
REIMBURSABLES
Reimbursable costs will be billed on an as-needed basis up to a maximum of $10,000.00 and includes:
1) Special Delivery Costs - at cost.
2) Mylar or plotting costs - at cost. Includes minimal printing on project for in-house use, client review and sub-consultant coordination. Does not include printing multiple sets for costing, review sets and bid sets.
3) All meetings are listed. Additional meetings shall be on an hourly basis or negotiated lump sum fee.
4) All out of town travel and/or lodging expenses (out of San Diego County), are at cost. Air-travel or car rental is at current rates, or private automobile at $0.62 cents/mile.
2-5Concord - Document ID: generated after first signature PROJECT DESIGNER Proposal attached as Exhibit "A"
NOW THEREFORE, the parties agree as follows:
SECTION 1 - Description of Work to include PROJECT DESIGNER's added Scope of Work;
SECTION 4 - Commencement and Completion of Work extends time an additional ONE HUNDRED THIRTY-FIVE (135) calendar days, allowing PROJECT DESIGNER to complete all the work described in SECTION 1 and submit final deliverables within THREE HUNDRED SEVENTY-FIVE (375) CALENDAR Days; and,
SECTION 9 - Compensation increased fee of FIFTY-THREE THOUSAND, SEVEN HUNDRED SIXTY-THREE Dollars ($53,763.00).
SECTION 9.1 For all work and services including the various phases of tasks as described in SECTION 1 Description of Work, CITY shall pay to PROJECT DESIGNER a new combined total not to exceed contract amount of FIVE HUNDRED TWENTY-SEVEN THOUSAND, SEVEN HUNDRED AND FIFTY-EIGHT Dollars ($527,758.00).
TASK 1: RECYCLED WATER IRRIGATION PLAN PERMITTING
PROJECT DESIGNER: $13,540.00
Delane Engineering: $4,000.00
Subtotal: $17,540.00
TASK 1A: RW IRRIGATION PLAN PERMITTING - FIELD VISIT (OPTION) PROJECT DESIGNER: $2,880.00
Subtotal: $2,880.00
TASK 2: ENTRY MONUMENT REPLACEMENT
PROJECT DESIGNER: $2,380.00
Delane Engineering: $1,880.00
PSE: $4,083.00
Subtotal: $8,348.00
TASK 3: MAJOR MODIFICATION PERMIT PLAN REQUIREMENTS
PROJECT DESIGNER: $700.00
Turpin & Rattan: $4,960.00
AGD: $4,080.00
Subtotal: $9,740.00
TASK 4: METAL STORAGE BUILDING AND EXISTING RESTROOM RENOVATION PROJECT DESIGNER: $2,560.00
AGD: $12,700.00
Subtotal: $15,260.00
GRAND TOTAL: $50,883.00
Option Total: $2,880.00
3-5Concord - Document ID: generated after first signature Reimbursable costs will be billed on an as-needed basis up to a maximum of $10,000.00.
PROJECT DESIGNER Proposal attached as Exhibit "A"
All other terms and conditions of the Original Agreement not amended herein, remain in full force and effect.
In Witness Whereof, the parties hereto have caused this Contract to be executed and attested by their respective officers thereunto duly authorized.
CITY OF PALMDALE:
KTUA:
Ronda Perez
City Manager
Brooke J.P. Whalen
Principal
ADDRESS FOR NOTICE:
CITY OF PALMDALE
38250 Sierra Highway
Palmdale, CA 93550
ADDRESS FOR NOTICE:
KTUA
3916 Normal Street
San Diego, CA 92103
APPROVE AS TO FORM:
William P. Curley, III
City Attorney
ATTEST:
Roxanne Faber
City Clerk
4-5Concord - Document ID: generated after first signature
---------------------------------------- INTERNAL USE ONLY ----------------------------------------
■Certificate(s) and Endorsement(s) attached
■Confirmed business name on contract with certificate(s) ■Original contract and previous amendment(s) (if any) are attached ■Attached Agreement Checklist and met all requirements
5-5Concord - Document ID: generated after first signature
AGREEMENT NO. A-8166
CONTRACT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALMDALE AND KTUA
THIS CONTRACT FOR DESIGN PROFESSIONAL SERVICES (“Contract” herein) is made and entered into this 11th day of January, 2023 by and between the City of Palmdale a public body corporate and politic, (hereinafter called “CITY”) and KTUA (hereinafter called “PROJECT DESIGNER”).
RECITALS
WHEREAS, City desires to engage PROJECT DESIGNER to perform certain technical and professional services, as provided herein, in connection with that certain project identified as PN 839 - McAdam Park Renovation.
WHEREAS, PROJECT DESIGNER represents that PROJECT DESIGNER has the expertise and is qualified to perform the services described in this Contract and is duly registered under the laws of the State of California.
WHEREAS, PROJECT DESIGNER desires to accept such engagement.
NOW, THEREFORE, the parties agree as follows:
1 DESCRIPTION OF WORK
1.1 The City hereby engages PROJECT DESIGNER, and PROJECT DESIGNER accepts such engagement, to perform the following design professional services in a manner satisfactory to CITY:
PROJECT DESIGNER shall provide landscape architectural design services for the renovation of McAdam Park located at 38115 30th Street East. Design shall include upgrades and improvements to park accessibility, utility infrastructure and sports field lighting, expansion of the existing parking lot, renovation of the existing restroom and storage buildings, and the addition of a new ballfield, concession stand, and accessible restroom building, as more specifically described in the Contract Documents for the above listed Project.
PROJECT DESIGNER shall also study the planning and/or occupancy impacts these improvements have on the existing park entitlements and prepare the appropriate planning and environmental documents as required by the applicable codes and ordinances.
1.2 Project deliverables shall be reviewed and approved by CITY to determine acceptable completion. CITY shall have the right to review and inspect the work during the course of its performance at such times as may be specified by CITY. 1-15Concord - Document ID: ODhhNGQ4OTMtZT
1.3 PROJECT DESIGNER shall not accept any change of scope, or change in contract provisions, unless issued in writing, as a contract change order or amendment and signed by CITY. Any extensions of time must be mutually agreed upon in writing and executed by both parties.
1.4 CITY shall provide to PROJECT DESIGNER, without charge, all data, program information, including reports, records, maps, and other information, now in CITY’s possession, which may facilitate the timely performance of the work. 2 CITY PROJECT MANAGER
To provide the design professional services required by this Contract, PROJECT DESIGNER shall act under the authority and approval of a Project Manager appointed by the Director of Public Works/designee. The City Project Manager will oversee the work under this Contract, assist PROJECT DESIGNER with any necessary information, audit billings, and approve payments. PROJECT DESIGNER shall channel reports, deliverables and special requests through the City Project Manager.
3 PROJECT DESIGNER’S KEY PERSONNEL
PROJECT DESIGNER’s Team and Key Personnel are as follows:
Brooke Whalen............Principal Landscape Architect
Josef Gutierrez........... Associate Landscape Architect Bernard Everling..........Irrigation Design Manager
Gwen Stark..................Landscape Dsigner
Subconsultants:
Baranek Consulting.........................Environmental Kim Baranek...................................CEQA Compliance/Environmental Documentation Andrew Goodwin Designs...............Architect
Cumming.........................................Cost Estimator Peterson Structural Engineering.....Structural Engineer Delane.............................................Civil Engineer Earth Systems.................................Geotech
Turpin & Rattan................................MEP
This Design Professional Services Contract has been awarded to PROJECT DESIGNER based on its representation that those personnel and subcontractors listed above will perform the portions of the work listed above. PROJECT DESIGNER shall not deviate nor substitute any of these team members without prior written approval by CITY.
4 COMMENCEMENT AND COMPLETION OF WORK
2-15Concord - Document ID: ODhhNGQ4OTMtZT
The execution of this Contract by the parties does not constitute an authorization to proceed. The services of PROJECT DESIGNER shall commence when CITY, acting by and through its Project Manager, has issued an Authorization to Proceed.
PROJECT DESIGNER shall complete all the work described in Section 1 and submit final deliverables within Two Hundred Forty (240) CALENDAR days following PROJECT DESIGNER’s receipt of Authorization to Proceed. PROJECT DESIGNER shall have no claim for compensation for any services or work, which has not been authorized by CITY’s Authorization to Proceed.
5 TAXES
5.1 PROJECT DESIGNER shall pay all sales, consumer, use, and other similar taxes required to be paid by PROJECT DESIGNER in accordance with state and local laws.
5.2 PROJECT DESIGNER is an independent contractor and shall have no power or authority to incur any debt, obligation, or liability on behalf of CITY. No person employed by PROJECT DESIGNER or acting on its behalf, in connection with this Contract shall be considered the Agent or employee of CITY.
5.3 PROJECT DESIGNER shall be required to obtain a current City of Palmdale business license, as required by the Palmdale Municipal Code, before an Authorization to Proceed is issued.
6 PATENT FEES AND ROYALTIES
PROJECT DESIGNER shall pay all license fees and royalties and assume all costs incident to the use, in the performance of the work or the incorporation in the work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified by CITY for use in the performance of the work and if, to the actual knowledge of CITY, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by CITY in the contract documents. PROJECT DESIGNER shall indemnify and hold harmless CITY and anyone directly or indirectly employed by CITY from and against all claims, damages, losses and expenses (including attorneys' fees) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the work, or resulting from the incorporation in the work of any invention, design, process, product or device not specified by CITY, and shall defend all such claims in connection with any alleged infringement of such rights. 7 STANDARDS OF PERFORMANCE
7.1 PROJECT DESIGNER shall be responsible for the completeness and accuracy of its services and work and documents resulting there from, and CITY shall not be responsible for discovering deficiencies therein. PROJECT DESIGNER shall correct any such deficiencies or errors without additional compensation and without 3-15Concord - Document ID: ODhhNGQ4OTMtZT
cost to CITY, except to the extent any such deficiency is directly attributable to deficiencies in CITY-furnished information.
7.2 PROJECT DESIGNER shall be familiar with CITY’s Standard Details and Specifications and other relevant CITY regulations. PROJECT DESIGNER shall ensure there are no conflicts among the Contract Documents including, but not limited to, the CITY’s Standard Specifications and Special Provisions for Construction Contracts, the plans and specifications prepared by PROJECT DESIGNER, any standard details or specifications incorporated therein by reference, and the Construction Contract.
8 PROJECT DESIGNER’S PERSONNEL
8.1 All services required under this Contract shall be performed by PROJECT DESIGNER, or under PROJECT DESIGNER’s direct supervision, and all personnel shall possess the qualifications, permits and licenses required by State and local law to perform such services.
8.2 PROJECT DESIGNER shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Contract, and compliance with all reasonable performance standards established by CITY.
8.3 PROJECT DESIGNER shall be responsible for payment of all PROJECT DESIGNER’s employees’ and subcontractor’s wages and benefits and shall comply with all requirements pertaining to the employer’s liability, workers’ compensation, unemployment insurance, and Social Security.
8.4 PROJECT DESIGNER shall indemnify and hold harmless CITY, and its respective officers, agents and employees from and against all claims, demands, damages or costs arising from PROJECT DESIGNER’s acts or omissions with respect to any liability, damages, claims, costs and expenses of any nature arising from alleged violations of personnel practices.
8.5 PROJECT DESIGNER shall pay, if required by applicable law, not less than the general prevailing hourly wage rates, as determined by the Director of the Department of Industrial Relations pursuant to the California Labor Code, for each craft, classification, or type of worker needed to perform the Contract. Copies of the prevailing rate of per diem wages are on file in the office of the Director of Public Works.
9 COMPENSATION
9.1 For all of work and services including the various phases of tasks as described in Section 1, Scope of Services, CITY shall pay to PROJECT DESIGNER an amount not to exceed the sum of Four Hundred Seventy Three Thousand, Nine Hundred Hinety Five dollars ($473995), as follows:
4-15Concord - Document ID: ODhhNGQ4OTMtZT
Task 1 Survey, Initial Study, Major Mod......................$96,210 Task 2 Construction Documents 60%.......................$125,926 Task 3A Construction Documents 90%.....................$102,270 Task 3B Construction Documents 100%/Final............$54,501 Task 4 Bid....................................................................$12,215 Task 5 Construction Administration.............................$62,590 Task 6 Record Drawings.............................................$14,283 TOTAL LABOR..........................................................$467,995 Direct Costs...................................................................$6,000 TOTAL LABOR AND DIRECT COSTS......................$473,995 PROJECT DESIGNER shall perform no work in excess of the total contract price without prior approval of CITY. Total contract price includes expenses related to travel to and from CITY to meet with City and to appear before City Council or any other board or commission of CITY.
9.2 An application and certification for payment form must be submitted to CITY which shall include the following: a clear, detailed invoice reflecting hours being billed for, a summary sheet showing percentage of work completed to date, amount/percent billed to date and current status of all tasks within the project; any/all backup documentation supporting the above items. Work schedule updates must also be included in the monthly progress payment requests.
9.3 PROJECT DESIGNER shall maintain adequate records and shall permit inspection and audit by CITY of PROJECT DESIGNER’s charges under this Contract. PROJECT DESIGNER shall make such records available to CITY during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records, and they will be available only to CITY and any specified public agencies. Such records shall be maintained by PROJECT DESIGNER for one (1) year following completion of the work under this Contract unless a longer period of time is required by state or federal law, in which event PROJECT DESIGNER shall retain its records for the time required by such laws.
9.4 No payment made hereunder by CITY to PROJECT DESIGNER, shall be construed as an acceptance by CITY of any work or materials, nor as evidence of satisfactory performance by PROJECT DESIGNER of its obligations under this Contract.
10 INDEMNIFICATION
To the fullest extent of the law, and consistent with Civil Code section 2782.8, PROJECT DESIGNER agrees to defend, indemnify, hold free and harmless the 5-15Concord - Document ID: ODhhNGQ4OTMtZT
CITY, its elected and appointed officials, officers, agents and employees, at PROJECT DESIGNER’s sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against CITY, its elected and appointed officials, officers, agents, and employees to the extent arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of the PROJECT DESIGNER, its employees, and/or authorized subcontractors, in performing design professional services pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence, recklessness or willful misconduct of the PROJECT DESIGNER, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, recklessness, or willful misconduct of PROJECT DESIGNER, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the CITY, its elected and appointed officials, officers, agents, and employees based upon such negligence, recklessness, or willful misconduct, whether or not the PROJECT DESIGNER, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the PROJECT DESIGNER shall not be liable for the defense or indemnification of the CITY for claims, actions, complaints or suits arising out of the sole or active negligence or willful misconduct of the CITY. Further, in no event shall the cost to defend charged to the design professional exceed the design professional’s proportionate percentage of fault, unless otherwise specified in Civil Code section 2782.8. This provision shall supersede and replace all other indemnity provisions contained either in the CITY’s specifications or PROJECT DESIGNER’s Proposal, which shall be of no force and effect.
11 INSURANCE
11.1 PROJECT DESIGNER, at its expense, shall maintain in effect at all times during the performance of work under this Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers listed “A” or better in the Best’s Insurance Guide and authorized to do business in the State of California. Proof of Insurance, as identified in Section 11.8, must be reviewed, and accepted by the City Attorney.
11.1.1 Workers’ Compensation and Employer’s Liability
Workers’ Compensation -- coverage as required by the State of California Employer’s Liability -- $1,000,000.00 each accident $1,000,000.00 policy limit bodily injury
$1,000,000.00 each employee bodily injury by disease
11.1.2 Professional Liability (Errors & Omissions) Insurance* $2,000,000 limit on a per occurrence basis
11.1.3 Commercial General Liability
$1,000,000.00 limit on per occurrence basis
6-15Concord - Document ID: ODhhNGQ4OTMtZT
$2,000,000.00 general aggregate limit
11.1.4 Commercial Automobile Liability
$1,000,000.00 combined single limit including owned, non-owned and hired automobile coverage
11.2 All of PROJECT DESIGNER’s policies shall contain an endorsement providing that written notice shall be given to CITY at least thirty (30) calendar days prior to termination, cancellation or reduction of coverage in the policy.
11.3 Policies providing for bodily injury and property damage coverage shall contain the following:
A. An endorsement extending coverage to the City as an additional insured, in the same manner as the named insured, as respects liability arising out of the performance of any work under the Contract. Such insurance shall be primary insurance, as respects the interest of the City, and any other insurance maintained by the City shall be considered excess coverage and not contributing insurance with the insurance required hereunder. The Certificate and endorsements shall state that: “The City of Palmdale, City of Palmdale in its capacity as the Successor Agency to the CRA, Palmdale Civic Authority, Housing Authority, Industrial Development Authority, Airport Authority, their officers, agents, employees and volunteers are named as additional insured”.
B. “Severability of Interest” clause.
11.4 Promptly on execution of this Contract, and prior to commencement of any work, PROJECT DESIGNER shall deliver to CITY certificates of insurance and endorsements to all required policies demonstrating that PROJECT DESIGNER has the required coverage and showing the required named insureds. Within five (5) days of written request from CITY, PROJECT DESIGNER shall deliver to CITY full and complete copies of all insurance policies required by this Contract.
11.5 The requirements as to the types and limits of insurance to be maintained by PROJECT DESIGNER are not intended to and shall not in any manner limit or qualify PROJECT DESIGNER’s liabilities and obligations under this Contract.
11.6 Any policy or policies of insurance that PROJECT DESIGNER elects to carry as insurance against loss or damage to its equipment and tools or other personal property used in the performance of this Contract shall include a provision waiving the insurer’s right of subrogation against CITY.
11.7 All insurance coverages must be maintained throughout the duration of this Contract.
11.8 Acceptable Proof of Insurance:
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11.8.1 ACORD Certificate of Insurance listing all coverages, limits, deductibles and insureds; and endorsements for all applicable coverages if agent has authority to issue it; Additional insured Form CG20101185 or CG20100707 and CG20370704 or equivalent must be provided for general liability coverage. Additional insured form CA0001 must be provided for automobile liability coverage.
11.8.2 Agents must confirm that policy endorsements have been ordered from the respective insurance companies. Upon issuance, policy endorsements listing all insurers must be submitted to the City Attorney.
11.8.3 *When professional (E&O) liability coverage is provided on a “claims made basis”, PROJECT DESIGNER will continue to renew the insurance for a period of five (5) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover PROJECT DESIGNER, or its officers, employees, or agents during the time this Agreement was in effect.
11.9 Notwithstanding any other provision of this Contract, CITY may immediately terminate this Contract if, at any time PROJECT DESIGNER fails to maintain the required insurance for any period of time or fails to comply with any of the insurance requirements listed above.
11.10 CONTRACTOR shall require any and all subcontractor's working on its behalf to provide insurance coverages and limits that are based on the scope of work and nature of risk being performed by the subcontractor. Any and all subcontractors working on behalf of CONTRACTOR shall be subject to all other insurance requirements that are stated herein.
Any deviation in this requirement will be CONTRACTOR's sole risk. CONTRACTOR's insurance requirements in Section 11 will not be impacted and/or limited by such deviation.
12 TERMINATION WITHOUT CAUSE
City reserves the right to terminate this Contract or any part thereof for its sole convenience with fifteen (15) days written notice. In the event of such termination, PROJECT DESIGNER shall immediately stop all work hereunder, and shall immediately cause any of its suppliers and sub-consultants to cease such work.
PROJECT DESIGNER shall also surrender to CITY all finished or unfinished documents or programs and other materials, which shall be City’s property. As compensation in full for services performed to the date of such termination, the PROJECT DESIGNER shall receive an amount equal to the value of the work completed as of the termination date in accordance with the fee schedule or as negotiated between the parties. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Contract. 13 TERMINATION FOR CAUSE
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13.1 If the City determines that the PROJECT DESIGNER has failed to supply an adequate working force, or to provide services of proper quality, or has failed in any other respect to satisfactorily perform the services specified in this Contract, the City shall give written notice to the PROJECT DESIGNER specifying all defaults to be remedied within thirty (30) days. Such notice shall set forth the basis for the City’s dissatisfaction and suggest corrective measures. If, after thirty days, the PROJECT DESIGNER has failed to implement the corrective measures, the City may elect to terminate this Contract, in whole or in part.
13.2 In the event the City terminates this Contract in whole or in part as provided herein above, the City may procure, upon such terms and in such manner, as it may deem appropriate, services similar to those terminated.
13.3 If this Contract is terminated as provided above, the City may require the PROJECT DESIGNER to provide all finished or unfinished documents, data, studies, software, drawings, maps, photographs, reports, etc., prepared by the PROJECT DESIGNER. Upon such termination, the PROJECT DESIGNER shall be paid an amount equal to the value of the services provided and work performed as of the date of termination. Such payment by the City may take into consideration the costs associated with hiring another PROJECT DESIGNER to complete the services. In the event no new PROJECT DESIGNER is employed, the PROJECT DESIGNER shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents when such are delivered to CITY, and to authorized reimbursement expenses.
The above is in addition to any other remedies available by law or equity to the City.
13.4 If, after notice of termination of the Contract under the provisions of this Section 13, it is determined, for any reason, that the PROJECT DESIGNER was not in default, or that the default was excusable, then the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Section 12.
14 DISPUTE RESOLUTION
All claims, disputes, and other matters in question between CITY and PROJECT DESIGNER arising out of, or relating to this Contract, or the breach thereof shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties.
15 OWNERSHIP OF DOCUMENTS
All documents, including, but not limited to, tracings, drawings, plans, specifications, original mylars, estimates, field notes, investigations, design analysis and studies which are prepared in the performance of this Contract are to be, and remain the 9-15Concord - Document ID: ODhhNGQ4OTMtZT
property of, CITY. PROJECT DESIGNER shall furnish CITY, upon its request, originals or reproducible or electronic copies of technical specifications and of all other documents listed above. PROJECT DESIGNER shall endorse, by his professional seal, all plans and data furnished by him. 16 RE-USE OF DOCUMENTS
The parties agree the documents, drawings, specifications, and designs, although the property of CITY, are prepared for a specific project and are not intended nor represented by PROJECT DESIGNER to be suitable for re-use for any other project.
Any reuse without written verification or adaptation by PROJECT DESIGNER for the specific purpose intended will be at CITY’s sole risk and without liability or legal exposure to PROJECT DESIGNER.
17 SUBCONTRACTING, DELEGATION AND ASSIGNMENT
17.1 PROJECT DESIGNER shall not delegate, subcontract or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY; provided, however, that claims for money due or to become due to PROJECT DESIGNER from CITY under this Contract may be assigned to a bank, trust company or other financial institution without such approval. Any proposed delegation, assignment or subcontract shall provide a description of the services covered, identification of the proposed assignee, delegee or subcontractor, and an explanation of why and how the same was selected, including the degree of competition involved.
Any proposed agreement with an assignee, delegee or subcontractor shall include the following:
A. The amount involved, together with PROJECT DESIGNER’s analysis of such cost or price; and
B. A provision requiring that any subsequent modification or amendment shall be subject to the prior written consent of CITY.
C. The requirement to hire only those persons authorized by federal law to work in the United States.
17.2 Any assignment, delegation or subcontract shall be made in the name of PROJECT DESIGNER and shall not bind or purport to bind CITY and shall not release PROJECT DESIGNER from any obligations under this Contract including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees and subcontractors. No such assignment, delegation or subcontract shall result in any increase in the amount of total compensation payable to PROJECT DESIGNER under this Contract.
18 NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
18.1 In performance of this Contract, PROJECT DESIGNER shall not discriminate against any employee, subcontractor, or applicant for employment because of sex, 10-15Concord - Document ID: ODhhNGQ4OTMtZT
color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, or age. PROJECT DESIGNER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, ancestry, sex, national origin, handicap, or age. Affirmative action relating to employment shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
18.2 The provisions of subsection 18.1 above shall be included in all solicitations or advertisements placed by or on behalf of PROJECT DESIGNER for personnel to perform any services under this Contract. CITY shall have access to all documents, data and records of PROJECT DESIGNER and its subcontractors for purposes of determining compliance with the equal employment opportunity and non- discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 which is incorporated herein by this reference. A copy of Executive Order No. 11246 is available for inspection at, and on file with, the Palmdale City Clerk’s Office.
19 FINANCIAL INTEREST CERTIFICATION
19.1 PROJECT DESIGNER warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee; and that no officer or employee of the CITY has any interest, financially or otherwise, in PROJECT DESIGNER’s firm.
19.2 For breach or violation of this warranty, CITY shall have the right to annul this Contract without liability, or at its discretion to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee.
20 CONFLICT OF INTEREST
20.1 PROJECT DESIGNER stipulates that its officers and employees do not now have a conflict of interest and it further agrees for itself, its officers and its employees that it will not contract for or accept employment for the performance of any work or services with any individual business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Contract or which would cause PROJECT DESIGNER to be “financial interested” (as provided in California Government Code Section 1090 et seq. or 87100 et seq.) in any contract or decision made by CITY on any matter.
20.2 PROJECT DESIGNER shall not employ any City official or employee to perform any work required pursuant to this Contract.
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20.3 If PROJECT DESIGNER is a registered professional engineer or licensed land surveyor and the scope of work requires PROJECT DESIGNER’s recommendation of the actual formula to spread the costs of an assessment district’s improvements, then PROJECT DESIGNER shall not participate in making that recommendation if the additional elements set forth in Government Code section 87100.1(c) apply. Those additional elements are: (1) PROJECT DESIGNER has received income of $250 or more for professional services in connection with any parcel included in the benefit assessment district within 12 months prior to the creation of the district; and (2) the district includes other parcels in addition to those parcels for which PROJECT DESIGNER received the income. In the event a conflict of interest does arise in that context, City shall select a different PROJECT DESIGNER to recommend the actual formula to spread the costs of the assessment district’s improvements and the costs of such services shall be deducted from the compensation to be paid to PROJECT DESIGNER.
20.4 To the extent required by the City Manager/designee, PROJECT DESIGNER shall complete and file with the City Clerk a Form 700 Statement of Economic Interests disclosing any reportable property interests, income, gifts, investments, or business positions.
21 COMPLIANCE WITH LAW
21.1 PROJECT DESIGNER shall comply with all state and federal laws, including but not limited to, the requirement to hire only those persons authorized by federal law to work in the United States. If PROJECT DESIGNER uses any subcontractors to complete this Contract, this same requirement shall be included in all subcontracts and strictly enforced by PROJECT DESIGNER.
21.2 The law of the state of California shall govern this Contract. The venue of any legal action, either formal or informal, shall be the County of Los Angeles. 22 NOTICES
Any notice required under this Contract shall be in writing, addressed to the appropriate party at its address on the signature page and given personally or by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt.
23 ENTIRE CONTRACT AND AMENDMENTS
23.1 This Contract is the complete agreement between the parties and supersedes all prior proposals, agreements, and understandings between the parties and may not be modified or terminated orally.
23.2 No attempted waiver of any of the provisions hereof, nor any modification in the nature, extent or duration of the work to be performed by PROJECT DESIGNER 12-15Concord - Document ID: ODhhNGQ4OTMtZT
hereunder, shall be binding unless in writing and signed by the party against whom the same is sought to be enforced.
23.3 The failure of any party to enforce against another party any provision of this Contract shall not constitute a waiver of that party’s right to enforce such a provision at a later time, and shall not serve to vary the terms of this Contract.
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24 ATTORNEY’S FEES
If any action at law or in equity is brought to enforce or interpret any provisions of this Contract, the prevailing party in such action shall be entitled to reasonable attorney’s fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
In Witness Whereof, the parties hereto have caused this Contract to be executed and attested by their respective officers thereunto duly authorized.
CITY OF PALMDALE: KTUA:
Ronda Perez
City Manager
Brooke Whalen
Principal
ADDRESS FOR NOTICE:
CITY OF PALMDALE
38300 Sierra Highway
Palmdale, CA 93550
ADDRESS FOR NOTICE:
KTUA
3916 Normal Street, San
Diego, CA 92103
APPROVE AS TO FORM:
William P. Curley, III
Interim City Attorney
ATTEST:
Roxanne Faber
Acting City Clerk
---------------------------------------- INTERNAL USE ONLY ---------------------------------------- 14-15Concord - Document ID: ODhhNGQ4OTMtZT
■Certificate(s) and Endorsement(s) attached
■Confirmed business name on contract with certificate(s) ■Attached Agreement Checklist and met all requirements
15-15Concord - Document ID: ODhhNGQ4OTMtZT
Record of Signing
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City Council Staff Report
DATE: MAY 15, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
MAINTENANCE DIVISION
DISTRICT: ALL
SUBJECT: APPROVE REQUISITION WITH VELOCITY TRUCK CENTERS FOR NEW RIZON E18M ELECTRIC TRUCK WITH A DUMP BODY IN AN
AMOUNT NOT TO EXCEED $180,635
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Requisition No. 240997 with Velocity Truck Centers for the purchase of a new Rizon E18M Electric Truck with a Dump Body in an amount not to exceed $180,635; and,
2. Authorize the City Manager or her designee to approve the requisition and resulting purchase order with Velocity Truck Centers, including minimal and/or non-substantial changes.
BACKGROUND
Illegal dumping is a serious problem that affects our community’s quality of life, finances, and the environment. Previously, the Maintenance Division acquired two lightning loaders to address illegal dumping and its negative impacts. This equipment has provided staff with safer, more efficient clean-up methods and helped establish an Illegal Dumping abatement program. Since deploying these trucks, staff have responded to more illegal dumping locations and collected more debris and trash (a 16% increase from last year).
Although illegal dumping operations have improved, the program requires additional support to tackle ongoing concerns. Therefore, a new 1 -ton truck was requested and approved upon adopting the Fiscal Year 2023 -2024 budget. The City will use Waste Management franchise agreement fees to fund the purchase.
Report to Mayor and City Council
Re: Approve Requisition No. 240997 with Velocity Truck Centers May 15, 2024
While selecting the approved 1-ton gas-powered vehicle, staff identified the Rizon E18M as a battery-electric, zero-emissions vehicle of the same function and weight class available for immediate purchase.
DISCUSSION
The new Rizon E18M electric truck with a dump body will offer needed support and additional benefits to the Illegal Dumping program. Its primary use will be as an extra asset during heavy work periods to help provide timely responses for reported incidents.
Due to its smaller size and style compared to the lightning loaders, it creates more driver versatility. It will allow staff to access areas where the lightning loaders cannot safely travel to pick up illegally dumped debris. While the lightning loaders ably pick up and haul illegally dumped debris and large, heavier items, separating recyclable materials, such as mattresses, appliances, used motor oil, paint, and tires, from the entire load is challenging. Staff can coordinate site clean-ups with this new truck to separate these items and improve the City’s recycling efforts.
Additionally, opting for this electric truck over a gas-powered truck provides environmental and economic benefits. It will help the City meet our Zero-Emission Vehicle (ZEV) program compliance obligation with the California Air Resource Board (CARB).
Staff recommends that the City Council approve Requisition No. 240997 with Velocity Truck Centers for a new Rizon E18M electric truck with a dump body.
FISCAL IMPACT
$180,635; Funds for the requisition and resulting purchase order with Velocity Truck Centers for the Rizon E18M electric truck are currently budgeted in Fleet Maintenance equipment capitalized (15433006-774400). Staff will also look at alternative funding sources through potential grants and/or outside agency funding. Operating and maintenance costs are projected to be approximately $5,000 annually.
STRATEGIC PLAN
Goal III. Invest in infrastructure to improve community livability.
A. Seek innovative, cost-effective, customer-focused methods of service delivery.
Prepared by: Lynn Glidden, P.E., Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENTS
Req. No. 240997 with Velocity Truck Centers
Report to Mayor and City Council
Re: Approve Requisition No. 240997 with Velocity Truck Centers May 15, 2024
Atch 1 Quote for Rizon E18M Electric Truck
================================================================================ Bill To | Requisition 00240997-00 FY 2024 FINANCE DEPARTMENT | PO 20240617 38300 SIERRA HWY |Acct No:
STE D |15433006-774400
PALMDALE, CA |Review:
93550 |Buyer: cmantell
|Status: Converted Page 1
================================================================================ Vendor Ship To
LOS ANGELES TRUCK CENTERS, LLC PUBLIC WORKS/MAINTENANCE PO BOX 101284 39110 3RD ST EAST
PALMDALE, CA 93550
PASADENA, CA 91189 [email protected]
Tel#562-447-1200
Fax 909-510-4050
-------------------------------------------------------------------------------- Date |Vendor |Date |Ship | |
Ordered |Number |Required |Via |Terms |Department -------------------------------------------------------------------------------- 04/09/24 |004969 |04/09/24 |DESTINATION/NET45 |STREET MAINTENANCE -------------------------------------------------------------------------------- LN Description / Account Qty Unit Price Net Price General Notes
-------------
for May 15th council meeting
001 2024 Rizon E18M Electric Truck 1.00 180635.00000 180635.00 with Dump Body EA
Vendor Item
1 15433006-774400 180635.00 Requisition Link
Requisition Total 180635.00
***** General Ledger Summary Section *****
Account Amount Remaining Budget 15433006-774400 180635.00 394920.03
FLEET MAINTENANCE EQUIPMENT-CAPITALIZED
***** Approval/Conversion Info *****
Activity Date Clerk Comment
E-mail 04/09/24 Adam Dyer e-mail notification sent E-mail 04/09/24 Bruce Roadhouse e-mail notification sent E-mail 04/09/24 Lynn Glidden e-mail notification sent E-mail 04/09/24 Stephanie Autry e-mail notification sent E-mail 04/09/24 Janelle Samson e-mail notification sent E-mail 04/09/24 Matthew Harris e-mail notification sent E-mail 04/09/24 Candice Mantell e-mail notification sent E-mail 04/09/24 Dawn McIntosh e-mail notification sent ================================================================================ Bill To | Requisition 00240997-00 FY 2024 FINANCE DEPARTMENT | PO 20240617 38300 SIERRA HWY |Acct No:
STE D |15433006-774400
PALMDALE, CA |Review:
93550 |Buyer: cmantell
|Status: Converted Page 2
================================================================================ Vendor Ship To
LOS ANGELES TRUCK CENTERS, LLC PUBLIC WORKS/MAINTENANCE PO BOX 101284 39110 3RD ST EAST
PALMDALE, CA 93550
PASADENA, CA 91189 [email protected]
Tel#562-447-1200
Fax 909-510-4050
-------------------------------------------------------------------------------- Date |Vendor |Date |Ship | |
Ordered |Number |Required |Via |Terms |Department -------------------------------------------------------------------------------- 04/09/24 |004969 |04/09/24 |DESTINATION/NET45 |STREET MAINTENANCE -------------------------------------------------------------------------------- LN Description / Account Qty Unit Price Net Price Authorized By: ___________________________ Date: _____________ Signature
City Council Staff Report
DATE: MAY 15, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
DISTRICT: 2
SUBJECT: ADOPT RESOLUTION NO. CC 2024 -049, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALMDALE DECLARING ITS
INTENTION TO ORDER THE DETACHMENT OF PARCELS FROM
CERTAIN ASSESSMENT DISTRICTS
RECOMMENDATION
Staff recommends that the City Council:
1. Adopt Resolution No. CC 2024-049, a Resolution of the City Council of the City of Palmdale declaring its intention to order the detachment of parcels from certain assessment districts;
2. Authorize the Mayor to execute ResolutionNo. CC 2024-049, declaring the City’s intention to order the detachment of parcels from certain assessment districts ; and,
3. Set the time and place of the public hearing for June 5, 2024, at 5:00 p.m.
BACKGROUND
The City has, by previous Resolution No. CC 2022-108 and Ordinance No. 1596, formed the City of Palmdale Community Facilities District No. 2022-2, Ritter Ranch Maintenance Services (the “CFD”). The CFD is authorized to levy and collect special taxes for certain maintenance services, which were meant to replace the City’s existing maintenance assessment districts as a means of funding services(landscaping, streetlights, and park maintenance/improvements). As such, the parcels included in the CFD are being detached from the maintenance assessment districts before the commencement of the CFD levy.
Report to Mayor and City Council
Re: Reso. No. CC 2024-049
May 15, 2024
DISCUSSION
Based on discussions between the Ritter Ranch developer and the City over the course of the formation of the CFD, a desire was expressed to consolidate services into a single funding source, which is in line with the City’s program to utilize community facilities districts to fund services rather than maintenance assessment districts. This action will eliminate the potential for duplication of funding by removing parcels from the maintenance assessment districts included in the CFD. Following the Public Hearing on June 5, 2024, the Council will act on removing the parcels.
FISCAL IMPACT
The cost of the detachment is funded by the developer’s deposit and therefore has no fiscal impact to the City.
STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community viability.
A. Seek innovative, cost-effective, customer-focused methods of service delivery.
C. Plan and maintain safe and attractive neighborhoods, streets, facilities, and public spaces with exciting programming that promotes active fun for everyone.
Prepared by: Lynn Glidden, P.E., Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENTS
Reso. No. CC 2024-049
CITY COUNCIL
CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2024-049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALMDALE DECLARING ITS INTENTION TO ORDER THE
DETACHMENT OF PARCELS FROM CERTAIN
ASSESSMENT DISTRICTS
WHEREAS, the City Council (“Council”) of the City of Palmdale (“City”) has, by previous Resolutions approved the formation of, and annexation to, certain Assessment Districts (hereafter referred to as the “Districts”), pursuant to the provisions of the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (hereafter referred to as the “Act”) to pay the costs and expenses of operating, maintaining and servicing the improvements located within the Districts; and
WHEREAS, the Council intends to detach from the Districts the parcels identified in Exhibit A, as a Community Facilities District (CFD No. 2022-2, Ritter Ranch Maintenance Services) is now in place to pay the costs and expenses of operating, maintaining and servicing the improvements located within the District.
NOW THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF
PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE, AND ORDER AS FOLLOWS:
SECTION 1. Public interest and convenience requires, and it is the intention of this legislative body to detach such property from the Districts.
SECTION 2. The parcels to be detached and the Districts they are to be detached from are described in Exhibit A.
SECTION 3 . Notice is hereby given that June 5, 2024, at 5:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers located at 38300 Sierra Highway, Suite B, Palmdale, California, is the time and place fixed by this legislative body for a Public Hearing on objections to the detachment of parcels from the Districts. Any interested person may file a written protest with the City Clerk prior to the conclusion of the Public Hearing, or, having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard.
Resolution No. CC 2024-049
SECTION 4. Pursuant to Section 22609 of the Act, posted and mailed notice may be dispensed with during detachment proceedings and may be initiated by the adoption of this Resolution.
SECTION 5. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED and ADOPTED this 15th day of May, 2024. _________________________________
Approved as to form: Austin Bishop, Mayor
ATTEST:
___________________________ _________________________________ William P. Curley, III Rochelle Scott, City Clerk
City Attorney
I, Rochelle Scott, 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 15th day of May, 2024 by the following roll call vote:
AYES: ___________________________________________________________ NOES: ___________________________________________________________ ABSTAIN: ______________________ABSENT:___________________________ Date: ______________________________ _____________________________ Rochelle Scott, City Clerk
Resolution No. CC 2024-049
EXHIBIT A
THE PARCELS SUBJECT TO DETACHMENT FROM THE DISTRICTS:
NAME OF PROPERTY OWNER ASSESSOR PARCEL NUMBERS
RdR Development Holdings, LLC 3206-020-017
3206-026-005
3206-026-007
3206-027-002
3206-027-004
3206-027-005
3206-027-006
3206-027-007
3206-027-008
3206-027-009
3206-027-010
3206-027-012
THE DISTRICTS FROM WHICH THE PARCELS WILL DETACH:
STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 3
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 2006-901
PARK MAINTENANCE AND RECREATION IMPROVEMENT DISTRICT
City Council Staff Report
DATE: MAY 15, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
DISTRICT: 2
SUBJECT: ADOPT RESOLUTION NO. 2024-050, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALMDALE DECLARING ITS
INTENTION TO ORDER THE DETACHMENT OF PARCELS
FROM CERTAIN BENEFIT ASSESSMENT DISTRICTS
RECOMMENDATION
Staff recommends that the City Council:
1. Adopt Resolution No. CC 2024-050, a Resolution of the City Council of the City of Palmdale declaring its intention to order the detachment of parcels from certain benefit assessment districts;
2. Authorize the Mayor to execute Resolution No. CC 2024-050, declaring the City’s intention to order the detachment of parcels from certain benefit assessment districts; and,
3. Set the time and place of the public hearing for June 5, 2024, at 5:00 p.m.
BACKGROUND
The City has, by previous resolution (CC 2022-108) and ordinance (No. 1596), formed the City of Palmdale Community Facilities District No. 2022-2, Ritter Ranch Maintenance Services (the “CFD”). The CFD is authorized to levy and collect special taxes for certain maintenance services, which w ere meant to replace the City’s existing benefit assessment districts as a means of funding these services (drainage facilities maintenance). As such, the p arcels included in the CFD are being detached from the benefit assessment district prior to the commencement of the CFD levy.
Report to Mayor and City Council
Re: Reso. No. CC 2024-050
May 15, 2024
DISCUSSION
Based on discussions between the Ritter Ranch developer and the City over the course of the formation of the CFD, a desire was expressed to consolidate services into a single funding source, which is in line with the City’s program to utilize community facilities districts to fund services rather than assessment districts. This action will eliminate the potential for duplication of funding by removing parcels from the benefit assessment district that have been included in the CFD. Following the Public Hearing on June 5th, the Council will act on the removal of the parcels.
FISCAL IMPACT
The cost of the detachment is being funded by the developer’s deposit and therefore has no fiscal impact to the City.
STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community viability.
A. Seek innovative, cost-effective, customer-focused methods of service delivery.
C. Plan and maintain safe and attractive neighborhoods, streets, facilities, and public spaces with exciting programming that promotes active fun for everyone.
Prepared by: Lynn Glidden, P.E., Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENTS
Reso. No. CC 2024-050
CITY COUNCIL
CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2024-050
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALMDALE DECLARING ITS INTENTION TO ORDER THE
DETACHMENT OF PARCELS FROM CERTAIN BENEFIT
ASSESSMENT DISTRICTS
WHEREAS, the City Council (“Council”) of the City of Palmdale (“City”) has, by previous Resolutions approved the formation of, and annexation to, the City of Palmdale Drainage Benefit Assessment District No. 2006-02 (hereafter referred to as the “District”), pursuant to the provisions of the Benefit Assessment Act of 1982 (the “Act”), being Chapter 6.4 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (commencing with Section 54703 thereof) (hereafter referred to as the “Act”) to pay the costs and expenses of operating, maintaining and servicing the improvements located within the District; and
WHEREAS, the Council intends to detach from the District the parcels identified in Exhibit A, as a Community Facilities District (CFD 2022-2, Ritter Ranch Maintenance Services) is now in place to pay the costs and expenses of operating, maintaining, and servicing the improvements located within the District.
NOW THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF
PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE, AND ORDER AS FOLLOWS:
SECTION 1. Public interest and convenience requires, and it is the intention of this legislative body to detach such property from the District.
SECTION 2. The parcels to be detached and the District they are to be detached from are described in Exhibit A.
SECTION 3 . Notice is hereby given that June 5, 2024, at 5:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers located at 38300 Sierra Highway, Suite B, Palmdale, California, is the time and place fixed by this legislative body for a Public Hearing on objections to the detachment of parcels from the District. Any interested person may file a written protest with the City Clerk prior to the conclusion of the Public Hearing, or, having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard.
SECTION 4. The City Clerk shall certify the adoption of this resolution.
Resolution No. CC 2024-050
PASSED, APPROVED and ADOPTED this 15th day of May, 2024. _________________________________
Approved as to form: Austin Bishop, Mayor
ATTEST:
___________________________ _________________________________ William P. Curley, III Rochelle Scott, City Clerk
City Attorney
I, Rochelle Scott, 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 15th day of May, 2024 by the following roll call vote:
AYES: ___________________________________________________________ NOES: ___________________________________________________________ ABSTAIN: ______________________ABSENT:___________________________ Date: ______________________________ _____________________________ Rochelle Scott, City Clerk
Resolution No. CC 2024-050
EXHIBIT A
THE PARCELS SUBJECT TO DETACHMENT FROM THE DISTRICT:
NAME OF PROPERTY OWNER ASSESSOR PARCEL NUMBERS
RdR Development Holdings, LLC 3206-020-017
3206-026-005
3206-026-007
3206-027-002
3206-027-004
3206-027-005
3206-027-006
3206-027-007
3206-027-008
3206-027-009
3206-027-010
3206-027-012
THE DISTRICT FROM WHICH THE PARCELS WILL DETACH:
DRAINAGE BENEFIT ASSESSMENT DISTRICT NO. 2006-02
City Council Staff Report
DATE: MAY 15, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
MAINTENANCE DIVISION
DISTRICT: ALL
SUBJECT: ADOPT RESOLUTION NO. CC 2024 -056, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALMDALE APPROVING THE
APPLICATION TO CAL FIRE’S URBAN AND COMMUNITY FOREST
GRANT PROGRAM
RECOMMENDATION
Staff recommends that the City Council:
1. Adopt Resolution No. CC 2024-056, a Resolution of the City Council of the City of Palmdale approving the application to CAL FIRE’s Urban and Community Forest Grant Program; and,
2. Authorize the Mayor to execute Resolution No. CC 2024 -056, approving the application to CAL FIRE’s Urban and Community Forest Grant Program; and,
3. Authorize the Mayor to execute the CAL FIRE Grant Resolution for funding from the Urban and Community Forestry Grant Program of the California Department of Forestry and Fire Protection.
BACKGROUND
The City will apply for an Urban Forest Management Plan (UFMP) grant in partnership with TreePeople to develop a comprehensive UFM P that increases tree benefits and reduces risks, ensures cost -efficient maintenance, and promotes community engagement. An adopted resolution is required as part of the grant application.
DISCUSSION
This grant will fund crucial steps to advance the City’s management and improvement of its trees. As a part of this grant, the City would complete an updated inventory, a tree canopy assessment, the development of a UFMP, and tree planting. The UFMP will be Report to Mayor and City Council
Re: Adoption of Resolution No. CC 2024-056
May 15, 2024
the City’s guiding document to ensure that the benefits of a healthy urban forest are available to the community. The UFMP will, at minimum, include a shared vision for the urban forest, an inventory assessment, quantified urban forest benefits, strategic plans, routine maintenance procedures, a street tree planting plan, and an evaluation component. A primary goal of the UFMP will be to increase citywide canopy cover to maximize urban cooling, stormwater mitigation, air pollution mitigation, and improve walkability. Other City policies related to urban forestry will be reviewed and updated to guarantee the continuity of urban forest management. After the UFMP is complete, the grant will fund a community tree-planting campaign. Tree planting sites and species will be guided by the recently completed UFMP. This project will be applied for and completed in partnership with TreePeople.
Once the Resolution is approved by the City Council, City staff and TreePeople will work together to develop a competitive application to submit to CAL FIRE by the end of May 2024.
FISCAL IMPACT
$0; This action has no fiscal impact. The activities proposed in this project will be funded by the CAL FIRE grant, and there is no matching funds requirement.
STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.
A. Seek innovative, cost-effective, customer-focused methods of service delivery.
C. Plan and maintain safe and attractive neighborhoods, streets, facilities, and public spaces with exciting programming that promotes active fun for everyone.
Prepared by: Lynn Glidden, P.E., Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENTS
Reso. No. CC 2024-056
Reso CAL FIRE UCF Grant
CITY COUNCIL
CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2024-056
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING THE APPLICATION TO CAL FIRE’S URBAN AND
COMMUNITY FOREST GRANT PROGRAM.
WHEREAS, the State Department of Forestry and Fire Protection has received federal funds from the USDA Forest Service’s Inflation Reduction Act for Urban and Community Forestry; and
WHEREAS, the State Department of Forestry and Fire Protection has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by local agencies and non-profit organizations under the program; and
WHEREAS, said procedures established by the Department of Forestry and Fire Protection require the applicant to certify by resolution the approval of the application before submission of said application to the State; and
NOW THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF
PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. Approve the filing of an application for the Urban and Community Forestry grant program funds; and,
SECTION 2. Certifies that said applicant has or will have sufficient funds to operate and maintain the project; and,
SECTION 3. Certifies that funds under the jurisdiction of the City of Palmdale are available to begin the project.
SECTION 4. Certifies that said applicant will expend grant funds before March 30, 2026.
SECTION 5. Appoint Ronda Perez, City Manager, or a designee, as an agent of the City of Palmdale to conduct negotiations, execute, and submit all documents including, but not limited to, applications, agreements, amendments, payment requests, and so on, which may be necessary for the completion of the aforementioned project.
Resolution No. CC 2024-056
SECTION 6. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED and ADOPTED this ______ day of ____________, ________. _________________________________
Approved as to form: Austin Bishop, Mayor
ATTEST:
___________________________ _________________________________ William P. Curley, III Rochelle Scott, City Clerk
City Attorney
I, Rochelle Scott, 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 ______ day of _____________, 20___ by the following roll call vote:
AYES:
NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:
Rochelle Scott, City Clerk
RESOLUTION
NOTE: DO NOT CHANGE THE FORMAT OR VERBIAGE IN THIS RESOLUTION FORMAT WITHOUT WRITTEN APPROVAL OF CAL FIRE STAFF.
Resolution No.: ______________________________
RESOLUTION OF THE ______________________________________ OF ____________________________________ (Title of Governing Body) (City/County/District/nonprofit)
FOR FUNDING FROM THE URBAN AND COMMUNITY FORESTRY GRANT PROGRAM OF THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION.
WHEREAS, the State Department of Forestry and Fire Protection has received federal funds from the USDA Forest Service’s Inflation Reducation Act for Urban and Community Forestry; and WHEREAS, the State Department of Forestry and Fire Protection has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by local agencies and non-profit organizations under the program, and
WHEREAS, said procedures established by the Department of Forestry and Fire Protection require the applicant to certify by resolution the approval of application before submission of said application to the State; and WHEREAS, the applicant will enter an agreement with the State of California to carry out an urban forestry project; NOW, THEREFORE, BE IT RESOLVED that the _________________________:
(Title of Governing Body)
1. Approved the filing of an application for the Urban and Community Forestry grant program funds; and
2. Certifies that said applicant has or will have sufficient funds to operate and maintain the project; and,
3. Certifies that funds under the jurisdiction of ________________________are available to begin the project. (Title of Governing Body)
4. Certifies that said applicant will expend grant funds prior to March 30, 2026.
5. Appoints ______________, or a designee, as agent of the _______________________to conduct negotiations, (Position Title) (Title of Governing Body) execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the afore mentioned project.
Approved and adopted the __________day of _________, 20________.
I, the undersigned, hereby certify that the foregoing Resolution, number___________________, was duly adopted by the following roll call vote of the _____________________________________________________. (City Council/Board of Supervisor/Board of Directors)
Ayes: _______ Noes: _________ Absent: ________ ____________________________________(Clerk signature) City Council Staff Report
DATE: MAY 15, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
ECONOMIC DEVELOPMENT DIVISION
DISTRICT: ALL
SUBJECT: ADOPT RESOLUTION NO. CC 2024 -051, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALMDALE APPROVING A
BILLBOARD RELOCATION AGREEMENT WITH LAMAR CENTRAL
OUTDOOR, LLC FOR THE RE MOVAL OF FOUR EXISTING
BILLBOARDS TO CONSTRUCT ONE NEW DIGITAL ADVERTISING
DISPLAY
RECOMMENDATION
Staff recommends that the City Council:
1. Adopt Resolution No. CC 2024-051, a Resolution of the City Council of the City of Palmdale a pproving Agreement No. A -8807, a Billboard Relocation Agreement with LAMAR Central Outdoor, LLC (LAMAR) for the removal of four existing billboards to construct one new Digital Advertising Display (DAD); and,
2. Authorize the City Manager, or her designee, to execute the agreement and all related documents, as appropriate , including minimal and/or inconsequential changes.
BACKGROUND
On March 15, 2023, the City Council adopted Ordinance No. 1603, approving Zoning Ordinance Amendment (ZOA) 21-007, amending Title 17 of the Palmdale Municipal Code (PMC). ZOA 21-007 was necessary to implement the vision of the City’s General Plan Update (Palmdale 2045) as well as support new land use patterns, future development, and ensure consistency with applicable laws. In addition, ZOA 21 -007 comprehensively modified processes, uses, and development standards to enhance usability, streamline processes, and encourage flexibility.
Chapter 17.88.150 of the P MC outlines requirements for outdoor advertising sign structures (billboards) , including the process to approve a Billboard Relocation Report to Mayor and City Council
Re: Resolution No. CC 2024-051 Lamar Central Outdoor, LLC May 15, 2024
Agreement (Agreement) entered into between the City and a billboard owner. The Agreement's primary purpose is to reduce the overall number of outdoor advertising sign structures within the City. The Agreement allows for the relocation of billboards to more suitable locations, provides more attractive and aesthetically pleasing billboard designs, and improves the aesthetic appearance of the City.
DISCUSSION
In 2023, LAMAR expressed interest in entering into the Agreement with the City. LAMAR proposes to remove four existing static billboards and replace them with one new DAD located along State Route 14, just south of South S. The locations are detailed in Exhibits A and B of the Agreement. Before constructing any outdoor advertising sign structure, LAMAR must obtain a Conditional Use Permit, ensuring that the structure meets all development standards and satisfies certain findings for approval.
Additionally, LAMAR will construct five Government Sign DADs. The City will own and operate three of the signs; one sign will be located at Marie Kerr Park, one sign will be located at Oasis Park/DryTown, and one sign will be located at Pelona Vista Park. The remaining two signs; one located on Rancho Vista Blvd., west of 35 th St. West, and one located along State Route 14, south of Palmdale Blvd., will be managed by LAMAR.
Exhibit C of the Agreement details the Government Sign locations.
The proposed Agreement aligns with the City’s objective of reducing visual clutter by decreasing the number of billboard faces, thus improving the City’s aesthetic appeal.
Furthermore, it allows the City to promote special events and programs at key locations throughout Palmdale. This ongoing collaboration with LAMAR reflects the City’s dedication to enhancing its digital advertising spaces, contributing to its visual appeal and economic growth.
FISCAL IMPACT
$0; The contractor will construct signs at no cost to the City. The City will be responsible for site preparation. The costs of the site work are expected to be minimal and will be determined during the design phase. Funds are budgeted and available in FY 2024.
STRATEGIC PLAN
Goal IV: Maintain a desirable community where everyone wants to live, work, and play.
D. Develop and maintain diverse programs and events that inspire growth, pride, and lifelong learning.
Report to Mayor and City Council
Re: Resolution No. CC 2024-051 Lamar Central Outdoor, LLC May 15, 2024
Prepared by: Roberto Ramirez, Economic Development
Manager
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENT
Reso. No. CC 2024-051
Agrmt No. A-8807 with LAMAR Central Outdoor, LLC
Exh A Agrmt No. A-8807
Exh B Agrmt No. A-8807
Exh C Agrmt No. A-8807
1 CITY COUNCIL
CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2024-051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE
APPROVING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALMDALE APPROVING A BILLBOARD RELOCATION AGREEMENT
WITH LAMAR CENTRAL OUTDOOR, LLC FOR THE REMOVAL OF FOUR
EXISTING BILLBOARDS TO CONSTRUCT ONE NEW DIGITAL
ADVERTISING DISPLAY
RECITALS
WHEREAS, The City has a compelling interest in making the City attractive to residents, visitors, and business owners and in protecting and improving economic vitality, protecting and enhancing aesthetic character, and promoting traffic safety in, though, and around areas that have a concentration of public facilities and structures; WHEREAS, To accomplish these interests, the City finds it necessary to establish certain classes of government signs, to limit their content and to provide a public convenience by directing motorists and pedestrians to various locations throughout the City;
WHEREAS, Lamar Central Outdoor, LLC (the “Company”) owns and operates numerous billboard advertising structures within the City of Palmdale; WHEREAS, Company desires to remove four (4) existing billboards (“Existing Billboards”) in exchange for the right to erect one Digital Outdoor Display (DAD), in compliance with the Palmdale Municipal Code (PMC);
WHEREAS, the California Outdoor Advertising Act, Business and Professions Code § 5200, et. seq. (in particular Bus. & Prof. Code § 5412), encourages local entities and display owners to enter into relocation agreements which allow local entities to continue development in a planned manner without expenditure of public funds while allowing the continued maintenance of private investment and a medium of public communications;
WHEREAS, the California Outdoor Advertising Act (in particular Bus. & Prof. Code § 5412) specifically empowers, and encourages, local agencies to enter into relocation agreements on whatever terms are agreeable to the City and display owners and to adopt ordinances and resolutions providing for relocation of displays; WHEREAS, the City desires to reduce the number of billboards within the City thereby reducing visual clutter and improving the aesthetic appearance of the City; 2 WHEREAS, Section 17.88.150 (generally) of the PMC allows the relocation or removal of existing outdoor advertising sign structures and incorporation of a DAD upon approval of a Billboard Relocation Agreement (Agreement) and upon compliance with Section 17.88.150 (including but not limited to approval of a conditional use permit); WHEREAS, the City and the Company now wish to enter into an Agreement to memorialize the terms and conditions upon which the Company will have the right to remove certain Existing Billboards and erect one Billboard in accordance with Section
17.88.150, subdvs. (D), of the PMC;
WHEREAS, the Company also desires to construct five Government Signs pursuant to PMC Section 17.88.130 and as described in Exhibit C of the Billboard Relocation Agreement;
NOW THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF
PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals of this Resolution are true and correct.
SECTION 2. The Agreement shall be implemented to enhance the aesthetic character of the City, making it attractive for residents, visitors, and business owners.
SECTION 3. Pursuant to PMC Section 17.88.130, the City Council authorizes Company to erect the Government Signs in accordance with the Agreement.
SECTION 4. To authorize the City Manager, or her designee, to execute the agreement and all related documents, as appropriate.
PASSED, APPROVED and ADOPTED this 15th day of May 2024. _________________________________
Approved as to form: Austin Bishop, Mayor
ATTEST:
___________________________ _________________________________ William P. Curley, III Rochelle Scott, City Clerk
City Attorney
3 I, Rochelle Scott, City Clerk of the City of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 15 day of May, 2024 by the following roll call vote:
AYES:
NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:
Rochelle Scott, City Clerk
BILLBOARD RELOCATION AGREEMENT
THIS BILLBOARD RELOCATION AGREEMENT (“the Agreement”) is entered into as of this _____ day of _______________, 2023 (the “Effective Date”), by and between the CITY OF PALMDALE, a charter city (“the City”), and LAMAR CENTRAL OUTDOOR, LLC, a Delaware limited liability company (“the Company”).
Hereafter the City and the Company are sometimes referred to as “Party” or collectively as the “Parties.”
RECITALS
WHEREAS, the Company owns and operates numerous billboard advertising structures within the City of Palmdale;
WHEREAS, Company desires to remove four (4) existing billboards as identified in Exhibit “A” to this Agreement (the “Existing Billboards”), in exchange for the right to erect one outdoor advertising sign structure, as described in Exhibit B (“Billboard”) in a number not to exceed the net reduction in compliance with the Palmdale Municipal Code (PMC);
WHEREAS, the California Outdoor Advertising Act, Business and Professions Code § 5200, et. seq. (in particular Bus. & Prof. Code § 5412), encourages local entities and display owners to enter into relocation agreements which allow local entities to continue development in a planned manner without expenditure of public funds while allowing the continued maintenance of private investment and a medium of public communications;
WHEREAS, the California Outdoor Advertising Act (in particular Bus. & Prof.
Code § 5412) specifically empowers, and encourages, local agencies to enter into relocation agreements on whatever terms are agreeable to the City and display owners and to adopt ordinances and resolutions providing for relocation of displays; WHEREAS, the City desires to reduce the number of billboards within the City thereby reducing visual clutter and improving the aesthetic appearance of the City; WHEREAS, Section 17.88.150 (generally) of the PMC allows the relocation or removal of existing outdoor advertising sign structures and incorporation of DAD’s upon approval of a Billboard Relocation Agreement and upon compliance with Section
17.88.150 (including but not limited to approval of a conditional use permit); WHEREAS, the City and the Company now wish to enter into an agreement to memorialize the terms and conditions upon which the Company will have the right to remove certain Existing Billboards and erect one Billboard in accordance with Section
17.88.150, subdvs. (D), of the PMC;
WHEREAS, the Company also desires to construct five government signs pursuant to PMC section 17.88.130 and as described in Exhibit C (“Government Signs”).
WHEREAS, City will own and operate three of the Government Signs identified in Exhibit C as location #1 Marie Kerr Park, #4 Pelona Vista Park, and #5 Dry Town Water Park and Company will own and operate two of the Government Signs identified in Exhibit C as location # 2 Rancho Vista Blvd NL280' W/O 25th St. West and #3 14 Freeway EL 1240’ S/O Palmdale Blvd;
WHEREAS, as a condition precedent to this Agreement, the City at its sole cost and sole liability shall ensure that all underlying properties upon which the Subject Government Signs will sit will be properly zoned for the use of the erection of a double - sided Government Sign, as so contemplated by this Agreement; and WHEREAS, the Company acknowledges that in addition to a valid relocation agreement it must also obtain a conditional use permit in compliance with PMC section
17.88.150(A) and sign permits pursuant to Chapter 17.88 (generally) of the PMC.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the foregoing Recitals, which Recitals are incorporated herein by reference, and which all Exhibits are herein incorporated, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and consideration of the mutual covenants set forth herein, the Parties hereby agree as follows:
1. Term of Agreement . Unless terminated earlier as provided in this Agreement, this Agreement shall continue in full force and effect for so long as any obligation is owed by either Party pursuant to the terms of this Agreement.
2. D
escription of Project. The Company shall be entitled to re move the Existing Billboards and e rect the Billboard at the locations acceptable to the City, in a number not to exceed the net reduction, and in compliance with the locational requirements of PMC section 17.88.150(B). The Billboard shall be located in substantially the same locations as so contemplated in Exhibit “B ”, Company shall be entitled to construct the five Government Signs in accordance with PMC section 17.88.130, including its locational requirements. At the Company’s sole discretion, it may elect to erect a smaller Billboard.
In exchange for, and in consideration of, the City’s Agreement to allow the Company to erect the one Billboard and five Government Signs as provided for in this Agreement, the Company shall permanently remove four (4) E xisting Billboards and as further described in Section 4.a below.
The City Council has found that this Agreement is in the public interest of the City and its residents. Adopting this Agreement constitutes a present exercise of the City’s police power, and this Agreement is consistent with the City’s General Plan and the PMC.
The proposed relocation sites are compatible with the uses and structures on the site and in the surrounding area. This Agreement is intended to achieve a number of the City’s objectives including the reduction of visual clutter by reducing the number of billboards located within the City, without expenditure of public funds, thereby improving the City’s
appearance as a whole, while accommodating continued investment in the City and preservation of expectations of developers and property owners and the use of outdoor advertising as an important medium of communication. Additionally, the proposed Billboard would not create a traffic or safety problem with regard to onsite access circulation or visibility, would not interfere with onsite parking or landscaping required by City ordinance or permit and would not otherwise re sult in a threat to the general health, safety, and welfare of City residents. Accordingly, this Agreement will vest on the Effective Date as listed in the first paragraph and entitle the Parties to the appropriate rights and remedies hereunder. The Parties will not act in a manner as which to impair any portion of this Agreement, including any rights or remedies of the Parties.
3. Government Signs
a. City will own and operate three of the Government Signs identified in Exhibit C as location #1 Marie Kerr Park, #4 Pelona Vista Park, and #5 Dry Town Water Park. The City may relocate #4 Pelona Vista Park, in its sole discretion, to another location within twelve (12) months of the Effective Date.
b. Company will own and operate two of the Government Signs identified in Exhibit C as location #2 Rancho Vista Blvd NL280' W/O 25th St.
West and #3 14 Freeway EL 1240’ S/O Palmdale Blvd; In the evening hours between 8 p.m. and 6 a.m., Company must turn down the illumination levels on the Government Sign location #2 Rancho Vista Blvd.
The Government Signs shall be Daktronics LightDirect digital billboards or another reasonable alternative that allows the same direction and control of light. In its sole distraction, City may allow Company to use another reasonable alternative to Daktroni cs LightDirect digital billboards.
c. Company will construct #3 14 Freeway EL 1240’ S/O Palmdale Blvd. of the Government Signs first in order to establish a revenue source to fund the City- owned and operated Government Signs. Once #3 14 Freeway EL 1240’ S/O Palmdale Blvd. is fully operational, Company will proceed with the construction of the remaining Government Signs and Billboard as feasible, based primarily upon sourcing power agreements with Southern California Edison (SCE). The construction of the Government Signs shall be completed no la ter than December 1, 2025. In the event of any delays attributed to SCE that hinder the completion of these signs by the specified date, the Parties will engage in good faith negotiations to mutually agree upon an extension of the deadline.
4. Existing Billboard Removal and Erection of Billboard a. Permanent Removal of Billboards. In consideration of the City’s agreement to permit the Company to erect the Billboard as provided in Section 2 above, the Company hereby agrees to permanently remove all of the Existing Billboards described in Exhibit “ A.” Removal of the Existing Billboards shall be in accordance with all applicable federal, state and local regulations. The Company shall, at its sole cost and expense, secure all required permits necessary to remove the Existing Billboards, including but not limited to, the City’s demolition permits. In consideration for the City’s agreement to allow the Company to construct the Billboard as provided in Section 2 above, the Company hereby expressly relinquishes its right to reconstruct or replace the Exi sting Billboards, subject to the provisions of this Agreement. b. T
iming of Removal. The Company shall apply for demolition permits of the Existing Billboards no later than five years from the Effective Date of this Agreement.
c. In any event the Conditional Use Permit or sign permit for the Billboard is not approved for any reason whatsoever, including but not limited to a project opponent, Caltrans objection, appeal, determination by a Court, or other wise, Company shall have the right to erect any and all of the Existing Boards that it had removed (“Removed Board(s)”). The erecting of any and all of the Removed Board(s) shall not be unreasonably withheld. The Company shall additionally have no obligation to remove any of the Existing Billboards if the Company, despite reasonable diligence, is unable to obtain the necessary Caltrans permits for the Billboard . Should the City fail to approve the Company’s Conditional Use Permit and sign permit applications or should the approval of the Conditional Use Permit and sign permits or Caltrans permits be invalidated, the obligations of the Parties under this Agreement shall terminate and the Agreement shall be of no further force and effect.
5. City Approvals. With the mutual understanding that the Existing Boards will be removed in a timely fashion, the Company shall w ithin five (5) years of the Effective Date of this Agreement, at sole cost and expense of the City , submit for a Conditional Use Permit and a sign permit application(s), with accompanying fees, to the City Planning Department for the development of the Billboard and Government Signs.
The Company’s ability to construct and install the Billboard and Government Signs are expressly conditioned upon approval of the Conditional Use Permit and necessary sign permits by the City. The Company shall have no obligation to remove any of the Existing Billboards, pursuant to the terms of this Agreement, if the City does not approve the Company’s Conditional Use Permit and necessary sign permit applications for the any and all of the Subject DADs, or if a court of competent jurisdiction invalidate s the City’s approval of the Conditional Use Permit or necessary sign permits. The Company shall additionally have no obligation to remove any of the Existing Billboards if the Company, despite reasonable diligence, is unable to obtain the necessary Caltrans permits for the Government Signs. Should the City fail to approve the necessary sign permit applications
or should the approval of the necessary sign permits or Caltrans permits be invalidated, the obligations of the Parties under this Agreement shall terminate and the Agreement shall be of no further force and effect. The Parties acknowledge that the Government Sign identified in Exhibit C as location #2 Rancho Vista Blvd NL280' W/O 25th St. West will be placed on City-owned property subject to a Property Lease Agreement between the City and the Company. If the Parties do not execute the Lease, the obligations of the Parties under this Agreement shall terminate and the Agreement shall be of no further force or effect.
6. Caltrans Approvals. The parties acknowledge that development of the Billboard and Government Signs is subject to Caltrans permitting authority. Company shall apply for and pursue with reasonable diligence permits from Caltrans for the Billboard and Government Signs. The Company’s ability to obtain Caltrans permits is an express condition of the Parties’ obligations under this Agreement. City and Caltrans shall cooperate with Company in obtaining the issuance of all discretionary and non- discretionary permits required by Law.
7. CEQA Findings. The City finds that this Agreement, along with the removal of the Existing Billboards and the erection of the Bi llboard and Government Signs are exempt from CEQA pursuant to Class 3 “Small Structures”, 14 CCR Section 15303, which provides in part:
Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include but are not limited to:
…
(c) A store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area. In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.
Here, removal and construction of the Existing Billboards and the erection of the Billboard and Government Signs does not exceed 2500 square feet in floor area.
8. Indemnity for Negligence . The Company, as a material part of the consideration to be rendered to the City under the Agreement, shall indemnify the City, agents and employees and any successors or assigns to the City’s rights under this Agreement (collectively “the City Parties”) and shall hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (hereinafter “Indemnified
Claims and Liabilities”) that may be asserted or claimed by any person, firm or entity not a Party to this Agreement, arising out of or in connection with the removal of the Existing Billboards or use and maintenance of the Billboard and Government Signs by the Company, its officers, agents and employees (collectively “the Company Parties”), to the extent any such Indemnified Claims and Liabilities arise from (a) grossly negligent acts or omissions of the Company hereunder, or (b) the Company’s grossly negligent performance of or failure to perform any term or covenant of this Agreement, and in connection with the foregoing indemnity:
9. Indemnity for Challenges to the Billboard Relocation Agreement and/or City Approval or Denial of Permits. The Company shall also indemnify, defend and hold harmless the City, from any and all loss, liability, fines, penalties, forfeitures, costs and damages and from any and all claims, demands and actions in law or equity (including attorneys’ fees and litigation expenses) (collectively, “Action”) by any person or entity, directly or indirectly arising or alleged to have arisen out of or in any way related to the City approval of this Billboard Relocation Agreement or any future City approvals, denials or actions regarding a Conditional Use Permit or sign permit for the relocation of billboards covered by this Billboard Relocation Agreement, including but not limited to claims under the California Constitution or the United States Constitution , from any person not a Party to this Agreement. The City shall have the right to choose, in its sole discretion, legal counsel to represent the City in any such Action. The Company shall pay to the City all costs (including, court costs) and reasonable attorneys’ fees incurred by the City in any such Action.
a. The Company shall defend any action or actions filed by any person not a Party to this Agreement in connection with any of said Indemnified Claims and Liabilities and will pay all costs and expenses, including reasonable legal costs and attorneys’ fees incurred in connection therewith;
b. The Company shall promptly pay any judgment rendered against the City and the City Parties for any such Indemnified Claims and Liabilities; and the Company shall save and hold the City and the City Parties harmless therefrom; and
c. In the event the City Parties are made a party to any action or proceeding filed or prosecuted against the Company Parties for such Indemnified Claims and Liabilities by a person not a Party to this Agreement, the Company shall pay to the City any and all costs and expenses incurred by the City Parties in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
10. General Provisions.
a. Assignment. The Company may only assign or otherwise transfer this Agreement to any other person, firm, or entity upon presentation to the City of an
assignment and assumption agreement in a form reasonably acceptable to the City Attorney and receipt of the City’s written approval of such assignment or transfer by the City Manager; provided, however, that the Company may, from time to time and one or more times, assign this Agreement to one or more persons or entities without the City’s approval, but with written notice to the City, as long as the Company, or entities owned or controlled by it have and maintain at least a twenty -five percent (25%) ownership interest in such entities who are the assignees or transferees. After a transfer or assignment as permitted by this Section, the City shall look solely to such assignee or transferee for compliance with the provisions of this Agreement which have been assigned or transferred. b. Waiver. The waiver by any Party of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant or condition, or of any subsequent breach of the same term, covenant or condition.
c. N
otices . All notices and other communications required or permitted to be given hereunder shall be in writing and shall be sent by: (a) certified or registered mail, postage pre -paid, return receipt requested, (b) personal delivery, or (c) a recognized overnight carrier that provides proof of delivery, and shall be addressed as follows:
If to the Company:
Lamar Central Outdoor, LLC
Attn: Vice President / General
Manager
104 Enterprise Parkway
Lancaster, CA 93535
If to the City:
City of Palmdale
Attn: Director of Economic and
Community Development
38250 Sierra Highway
Palmdale, CA 93550
With a Copy to:
Stream Kim Hicks Wrage & Alfaro
PC
Attn: Ted Stream, Esq.
3403 Tenth Street, Suite 700
Riverside, CA 92501
With a Copy to:
City of Palmdale
Attn: City Manager
38300 Sierra Highway
Palmdale, CA 93550
City of Palmdale
Attn: City Attorney
38300 N. Sierra Highway, Suite A
Palmdale, CA 93550
Notices shall be deemed effective upon receipt or rejection only. d. Authority to Enter Agreement. All Parties have the requisite power and authority to execute, deliver and perform the Agreement. All Parties warrant that the
individuals who have signed the Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
e. Amendment/Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by all Parties.
f. M
iscellaneous . This Agreement embodies the entire Agreement between the Parties and supersedes any prior or contemporaneous understandings between the Parties related to the Agreement. If any provision of this Agreement is held to be invalid, the balance shall remain binding upon the Parties. This Agreement shall be interpreted in accordance with its plain meaning, and not in favor of or against either Party.
This Agreement shall be construed according to the laws of the State of California. g. A
ttorneys’ Fees. In the event of litigation between the Parties arising out of this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, including attorneys’ fees on appeal, and all other reasonable costs and expenses for investigation of such action, including the conducting of discovery, in addition to whatever other relief to which it may be entitled. h. T
ime is of the Essence. Time is of the essence of each and every provision of this Agreement.
i. I ntegration . This Agreement embodies the entire agreement between the Parties and supersedes any prior or contemporaneous understandings between the Parties related to the Agreement.
j. G
overning Law. This A greement shall be interpreted and enforced according to, and the Parties’ rights and obligations governed by, the domestic law of the State of California, without regard to its laws regarding choice of applicable law. k. C
ounterparts . This Agreement may be signed in counterparts, electronic or originals, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date set forth below.
“The City”
CITY OF PALMDALE, a Charter City
By: ________________________________
Ronda Perez, City Manager
“The Company”
LAMAR CENTRAL OUTDOOR, LLC
By: ________________________________
Vice President / General Manager
ATTEST:
By: __________________________________
Roxanne Faber, Acting City Clerk
ATTEST:
By: __________________________________
Real Estate Manager
APPROVED AS TO FORM:
By: __________________________________
William P. Curley, III, City Attorney
LANCASTER 877.526.2717 lamar.com/lancaster
EXHIBIT A
EXISTING BILLBOARDS
2 4
3 1
Map data ©2023 Google Report a map error
*Impression values based on: Total Population
LANCASTER877.526.2717lamar.com/lancaster
LOCATION LISTPROPOSAL FOR TAKE DOWNS IN THE CITY OF PALMDALE Map IconLabel Panel # Geopath IdMedia/Style Facing H x W *WeeklyImpressionsIllum. 1 4311 350545 Poster / Retro North 10' 6" x 22' 9"118,396 YES Location: SIERRA HWY WL 500' N/O AVENUE R
Current Advertiser: TREVINO LAW FIRM
2 4484 350575 Poster / Retro West 10' 6" x 22' 9"22,993 NO Location: AVENUE Q NL @ 15TH STREET EAST
Current Advertiser: JACOBY & MEYERS
3 4331 350547 Permanent Bulletin /Regular North 14' 0" x 48' 0"312,344 YES Location: AV FWY 14 EL 2000' S/O PALMDALE BLVD
Current Advertiser: TOWN CENTER SURGERY
4 4341 350549 Permanent Bulletin /Regular North 14' 0" x 48' 0"304,280 YES Location: AV FWY 14 EL 1000' S/O PALMDALE BLVD
Current Advertiser: THE LAW OFFICE OF JESSE P. DURAN
Total Weekly Impressions: 758,013
LANCASTER877.526.2717lamar.com/lancaster
EXHIBIT B
BILLBOARD
Imagery ©2024 , Airbus, CNES / Airbus, County of San Bernardino, Data CSUMB SFML, CA OPC, Landsat / Copernicus, Maxar Technologies, U.S. Geological Survey, USDA/FPAC/GEO Report a map error
LANCASTER877.526.2717lamar.com/lancaster
LOCATION LIST
LAMAR OUTDOOR NEW BUILD CITY OF PALMDALE 2024
Store Location(s)
# 1 - 14 Freeway EL 920' S/O Avenue S 14' x 48' V-Shaped Digital Display, 34.555289,-118.131703 LANCASTER877.526.2717lamar.com/lancaster
EXHIBIT C
GOVERNMENT SIGNS
Imagery ©2024 , Airbus, CNES / Airbus, County of San Bernardino, Data CSUMB SFML, CA OPC, Landsat / Copernicus, Maxar Technologies, U.S. Geological Survey, USDA/FPAC/GEO Report a map error
LANCASTER877.526.2717lamar.com/lancaster
LOCATION LISTCITY OF PALMDALE GOVERNMENT SIGNS LAMAR TO BUILD 2024 Store Location(s)
# 1- Marie Kerr Park 34.601969 , -118.177863- City of Palmdale will own and operate this sign # 2- Rancho Vista Blvd NL 280' W/O 25th St. West 10' 6" x 36' Back to Back Digital, 34.60198, -118.17542 Lamar Outdoor will own and operate this sign # 3 -14 Freeway EL 1240' S/O Palmdale Blvd 14' x 48' V-Shaped Digital Display, 34.578154, -118.133120- Lamar Outdoor will own and operate this sign # 4 -Pelona Vista Park 34.57116, -118.13425- City of Palmdale will own and operate this sign # 5- Dry Town Water Park 34.55786, -118.06181- City of Palmdale will own and operate this sign
CC SA – May 1, 2024 – 5pm 1
MINUTES
CITY COUNCIL/SA/HA
CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY,
SUITE B PALMDALE, CALIFORNIA
MAY 1, 2024
www.cityofpalmdale.org
1) CALL MEETING TO ORDER
Mayor Bishop called the meeting to order at 5:01 pm.
Note: All City Council memberships are reflected in their City Council titles.
2) ROLL CALL MAYOR BISHOP, MAYOR PRO TEM LOA, COUNCILMEMBERS OHLSEN, BETTENCOURT, ALARCÓN COMMISSIONERS FRAGA-SAENZ, BETTS
PRESENT: Austin Bishop, Richard J. Loa, Eric Ohlsen, Laura Bettencourt, Andrea Alarcón, Christina Fraga-Saenz, Dianne Betts.
ABSENT: None.
3) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
Mayor Pro Tem Loa led the pledge of allegiance.
The following observances were acknowledged: Mental Health Awareness Month, Military Appreciation Month, Municipal Clerk’s Week, Public Service Recognition Week, and Peace Officers Memorial Day.
4) PUBLIC COMMENTS:
CONSENT CALENDAR(S), APPOINTMENT(S), NEW BUSINESS, AND CLOSED SESSION:
Public Comments: None.
5) JOINT CONSENT CALENDAR CC/HA
5.1) Approve Project Authorizations under two Master Services Agreements with Absolute International Security, Inc. for unarmed security guard services; one for the Housing Authority of the City of Palmdale in the combined amount not to exceed $2,879,620; and one for the City of Palmdale in the combined amount not to exceed $9,174,920, each for a term of three years with option for two additional one-year terms.
Motion: Approve Project Authorizations under two Master Services Agreements with Absolute International Security, Inc. for unarmed security guard services; one for the Housing Authority of the City of Palmdale in the combined amount not to exceed $2,879,620; and one for the City of Palmdale
CC SA – May 1, 2024 – 5pm 2
in the combined amount not to exceed $9,174,920, each for a term of three years with option for two additional one-year terms.
Moved by Laura Bettencourt, seconded by Eric Ohlsen.
Vote: Motion carried (7-0)
Yes: Austin Bishop, Richard J. Loa, Eric Ohlsen, Laura Bettencourt, Andrea Alarcón, Christina Fraga-Saenz, Dianne Betts.
Mayor Bishop adjourned the Housing Authority at 5:15 pm.
6) CONSENT CALENDAR
6.1) Waive full reading of the Resolution(s) to be considered and voted on at this meeting. (This allows for reading the title only in lieu of reciting the entire text).
6.2) Receive and file the Monthly and Quarterly Investment Activity Reports for March 2024.
6.3) Receive and File the Annual Report on Development Impact Fees for the Fiscal Year Ended June 30, 2023, and adopt findings to commit funds held in the Littlerock Drainage Fee Fund, Fire Facilities Fee Fund, and Sewer Upgrade Fee fund.
6.4) Adopt Resolution No. CC 2024 -047, a Resolution of the City Council of the City of Palmdale approving the application for Local Streets and Roads Funds authorized under Article 8 of the Transportation Development Act.
6.5) Award Construction Agreement with Comet Electric, Inc. for PN 867/868, Traffic Signal Modification at Avenue M and 20th Street East and 30th Street East, for a not to exceed amount of $1,309,129 for a term of 75 working days from the date of Notice to Proceed.
6.6) Adopt Resolution No. CC 2024 -032, a Resolution of the City Council of the City of Palmdale directing the preparation of the annual Engineer’s Report for the continuation of the annual levy of assessments and designating the Engineer of Work for fiscal year 2024 -2025 for the City of Palmdale Drainage Benefit Assessment Districts No. 1 and No. 2006-02.
6.7) Adopt Resolution No. CC 2024 -035, a Resolution of the City Council of the City of Palmdale directing the preparation of the annual Engineer’s Report for the continuation of the annual levy of assessments and designating the Engineer of Work for fiscal year 2024 -2025 for the City of Palmdale Landscape Maintenance Assessment Districts and Annexations, Park Maintenance and Recreation Improvement District, and Streetlight Maintenance Assessment Districts and Annexations.
6.8) Adopt Resolution No. CC 2024 -046, a Resolution of the City Council of the City of Palmdale adopting a list of projects for Fiscal Year 2024-2025 funded by Senate Bill 1: The Road Repair and Accountability Act of 2017.
CC SA – May 1, 2024 – 5pm 3
6.9) Approve the Second Amendment to Agreement with Sully Miller Contracting Co., for PN 698, Avenue R Complete Streets and Safe Routes Project for a not to exceed amount of $14,245,965, including an additional $1,152,731 contract value and $1,000,000 contingency per the original term of four hundred (400) calendar days.
6.10) Approve the minutes from the April 17, 2024 meeting.
Motion: Approve the items listed on the Consent Calendar. Moved by Richard J. Loa, seconded by Laura Bettencourt.
Vote: Motion carried (5-0)
Yes: Austin Bishop, Richard J. Loa, Eric Ohlsen, Laura Bettencourt, Andrea Alarcón.
7) PUBLIC HEARING
7.1) Public Hearing to receive public comments on the 2024 -2025 Draft Action Plan programming estimated $4,454,266 in Consolidated Plan Funds; review, approve and submit the 2024 -2025 Action Plan; and execute documents related to the submission of the Action Plan and subrecipient agreements.
Mayor Bishop opened the Public Hearing. Management Analyst Bartlett presented the staff report. Testimony: None.
Mayor Bishop closed the Public Hearing.
Motion: Approve the recommendations and findings as listed in the staff report. Moved by Andrea Alarcón, seconded by Eric Ohlsen.
Vote: Motion carried (5-0)
Yes: Austin Bishop, Richard J. Loa, Eric Ohlsen, Laura Bettencourt, Andrea Alarcón.
7.2) Adopt Resolution No. CC 2024 -048, a Resolution of the City Council of the City of Palmdale, approving a form of Density Bonus Agreement with Maison’s Palmdale Blvd 150, LLC, to facilitate the construction of Tentative Tract Map 83359 located on the south side of Palmdale Boulevard between 50th Street East and 55th Street East (APN: 3023-002-084).
Mayor Bishop opened the Public Hearing.
City Clerk Scott read the title of Resolution No. CC 2024-048. City Attorney
Curley presented the staff report.
Councilmember Alarcón asked for an overview of Senate Bill 9. City Attorney Curley provided an overview.
Hunt Braly of Poole and Shaffery and Kevin Harbison of Ravello Holdings were there to answer questions regarding the project.
CC SA – May 1, 2024 – 5pm 4
The following individuals provided public input in opposition of the project:
Mike Parker, Janet Parker, Carli Galasso, and Corrine Stephenson,
Tina Hughes spoke regarding endangered species and notification of the project.
Tori spoke regarding the approval of the project at the Planning Commission meeting.
Mayor Bishop closed the Public Hearing.
The Council and staff discussed public outreach, the appeal process, notification, application, and signage.
Councilmember Alarcón requested a report back on some recommendations for future development and the public engagement process.
Further discussion followed regarding land use and the general plan, the housing element, public notice, litigation related to density bonus law, and a review of the Planning Commission meeting.
Motion: Continue to June 5, 2024, with specific instruction that the City Attorney's Office review the Planning Commission hearing for any misdirection. Moved by Richard J. Loa, seconded by Eric Ohlsen.
Vote: Motion carried (5-0)
Yes: Austin Bishop, Richard J. Loa, Eric Ohlsen, Laura Bettencourt, Andrea Alarcón.
8) APPOINTMENT
8.1) Discussion, nomination, and appointment of one (1) Council Member to the Antelope Valley Fair Authority.
City Manager Perez provided an oral report on this item.
Mayor Pro Tem Loa spoke regarding his involvement with the fair, and the Multi-Agency Regional Resiliency Center (MARRC). Discussion ensued regarding the benefits of being appointed to the Antelope Valley Fair Authority.
Motion: Appoint Mayor Pro Tem Loa to the Antelope Valley Fair Authority.
Moved by Laura Bettencourt, seconded by Austin Bishop.
Vote: Motion carried (5-0)
Yes: Austin Bishop, Richard J. Loa, Eric Ohlsen, Laura Bettencourt, Andrea Alarcón.
CC SA – May 1, 2024 – 5pm 5
9) CITY MANAGER’S REPORT
City Manager Perez reported on the following: Farmer's Market at Oasis Park; Cinco De Mayo Festival; Inkwell Book and Art Festival; Organics Waste Workshop; an award of merit received for our sustainable transportation plan through the American Planning Association; swearing-in of City Prosecutor’s who will enforce the municipal code; and the summer concert lineup.
10) COUNCIL REPORTS, ANNOUNCEMENTS AND REQUESTS FOR FUTURE
AGENDA ITEMS
Councilmember Alarcón reported on the District 5 town hall meeting and requested the following: 1) reinvigorate the grant program for Measure AV; 2) add a future agenda item amending the Municipal Code to require that each Councilmember from each respective district gets mandatory one appointment to the Measure AV Committee; and 3) encouraged City Manager Perez to bring back a letter to the next meeting written to Caltrans to initiate the conversation on how to cooperatively implement some traffic and speed mitigation measures and public safety measures to protect residents and those who visit our community along Pearblossom Highway.
Councilmember Ohlsen contacted Captain Zagorski of the California Highway Patrol and requested stats and data to incorporate into the Caltrans letter; held a meeting with the Association of Los Angeles Deputy Sheriff's (ALADS) president regarding relieving pressure from the deputies who are understaffed and overworked; suggested joining Lancaster's lawsuit on the Sheriff's Department and the County; attended Sheriff's Boosters car show; reported on stakeholders tour held in Pueblo, Colorado for the Transportation Technology Center; AV Edge Summit; met with Vicky Ventura regarding opportunities for City and Chamber to work together to support small businesses; participated on the iServe Youth Leadership panel; and the Brightline.
Mayor Pro Tem Loa reported on the AV Hispanic Chamber of Commerce lunch and learn event; AV Edge Summit; West Antelope Valley Education Foundation Dinner; announced the 26th Anniversary of the Palmdale Station celebration on June 26th; attended the Poppy Festival; and suggested a meeting with Assemblyman Carrillo, Assemblyman Lackey, and the Senator regarding Pearblossom Highway and fatalities.
Councilmember Bettencourt spoke regarding Highway 138 speed and safety; AV Chambers Waste Management landfill tour; Palmdale Sheriff's Booster car and bike show; Vet at the Park event; SIFI Network event; encouraged citizens to enjoy City parks; and requested an update on Visit Palmdale.
Mayor Bishop reported on his visit to the Transportation Technology Center in Pueblo, Colorado; met with Joe Ennis of Positive Lifestyle regarding organizing clean ups; attended AV Edge Summit; Vets 4 Veterans event; attended NCTC meeting and discussed the 14 freeway completion; participated on the iServe Youth Leadership panel; attended Poppy Festival; Oasis Park car show; Brightline West ground breaking ribbon cutting; Farmer's Market at Oasis Park; Vet at the Park; and
CC SA – May 1, 2024 – 5pm 6
discussed traffic and safety in town and suggested a safe driving campaign.
Councilmember Alarcón asked the Council to consider naming the Farmer's Market after Kimble Goodman.
Mayor Pro Tem Loa spoke regarding the Sheriff's Booster meeting , where they discussed the graffiti problem; suggested a possible agreement with property owners to remove graffiti; and suggested a graffiti campaign to stress to parents educating the parents on their responsibility if their child is caught doing graffiti.
City Manager Perez discussed the Request For Proposal (RFP) for private property graffiti abatement and the enforcement program for big box stores that sell spray paint. Discussion continued regarding graffiti abatement and code enforcement efforts.
11) NON-AGENDA PUBLIC COMMENTS:
The following individuals provided public comments: Eugene Hernandez spoke regarding May Day and AV students making public comments. Councilmember Alarcón provided an update on what the City is doing regarding housing and homelessness. Councilmember Bettencourt responded to the statement of Mr.
Hernandez.
Public comments continued: Azrael, Moorish Science Temple of America, introduced himself to the Council; Diego Rubalcava -Alvarez spoke regarding the bus system and safety, legislative platform, and the Israeli war; Yul Gevargis spoke regarding the Hamas and Israeli war, graffiti, and traffic on Pearblossom Highway; Vicky Ventura, AV Chamber of Commerce, thanked Councilmember Ohlsen for scheduling the meeting with City Manager Perez regarding helping small businesses, spoke about graffiti solutions for small businesses, and thanked individuals for attending the car show at Oasis park; Chuck Murphy spoke about the District 5 townhall meeting; and Sylvia spoke regarding Camacho Auto Sales.
12) ADJOURN
Mayor Bishop adjourned the meeting at 7:00 pm to May 15, 2024 at 5:00 pm in the City Hall Council Chamber located at 38300 Sierra Highway, Suite B, Palmdale, California
PASSED, APPROVED, and ADOPTED this 15th day of May 2024.
________________________________
Austin Bishop, Mayor
ATTEST:
________________________________
Rochelle Scott, City Clerk
City Council Staff Report
DATE: MAY 1, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
DISTRICT: 4
SUBJECT: ADOPT RESOLUTION NO. CC 2024 -048; APPROVING A FORM OF DENSITY BONUS AGREEMENT WITH MAISON’S PALMDALE BLVD
150, LLC, TO FACILITATE THE CONSTRUCTION OF TENTATIVE
TRACT MAP 83359 LOCATED ON THE SOUTH SIDE OF PALMDALE
BOULEVARD BETWEEN 50 th STREET EAST AND 55 th STREET
EAST (APN: 3023-002-084)
RECOMMENDATION
The Planning Commission recommends that the City Council:
1. Receive public testimony regarding the proposed Density Bonus Agreement (AGR) 24-0002 (A-8767);
2. Adopt Resolution No. CC 2024-048 approving a form of Density Bonus Agreement (AGR) 24-0002 (A-8767); and,
3. Authorize City Manager or her designee to exercise the option to amend Density Bonus Agreement (AGR ) 24-0002 (A -8767), including minimal and or/non- substantial changes.
BACKGROUND
On March 14, 2024, the Planning Commission adopted Resolution No. PC -2024-004 approving Tentative Tract Map 83359 and recommending City Council approv e a form of Density Bonus Agreement (AGR) 24 -0002 (A-8767). The Tentative Tract Map will subdivide a 20- acre parcel into 66 parcels to facilitate the future construction of approximately 190 dwelling units comprised of a detached single- family dwelling unit, an accessory dwelling unit (ADU), and a junior accessory dwelling unit (JADU) on the 64 lots dedicated for residential uses. The two remaining parcels will be used for a drainage basin and a parcel dedicated to a shared common area for recreation purposes.
Report to Mayor and City Council
Re: Reso. No. CC 2024-048
May 1, 2024
Ten percent of the units will be available to households with incomes that do not exceed the maximum income of low-income households in Los Angeles County, as determined by the California Department of Housing and Community Development. The request includes two concessions from the development standards as allowed by the State Density Bonus Law (California Government Code Section 65915).
On April 17, 2024, the City Council conducted a public hearing and continued the item to May 1, 2024.
DISCUSSION
A density bonus is an increase in the overall number of housing units that a developer may build on a site in exchange for providing affordable housing. State Density Bonus Law, pursuant to Section 65915 of the California Government Code, offers incentives that are intended to encourage the development of affordable housing, including up to an 80 percent increase in density.
The project site has a General Plan Land Use designation and zone of Single- Family Residential 3 (SFR 3, 7,000 square foot lots; up to six dwelling units per acre). The project site is approximately 20 acres , and the maximum density is 120 detached single- family residential units. Density Bonus Law requires that when 10 percent of all units are for low- income households, the City must grant a 20 percent density bonus over the base density, which would allow an additional four units for this development. Alt hough the maximum density for the project site is 120 units, the residential development does not require an increased density and the applicant proposes to construct a total of 64 detached single- family residential units and 127 ADU’s and JADU’s for a total of 191 residential units.
Under California Fair Housing Laws, the proposed ADUs and JADUs are not subject to a jurisdiction's density requirements.
Of the 191 units proposed, 10 percent of the units are required to be reserved for low - income households. Additionally, the owner has requested cost -saving concessions in accordance with Government Code Section 65915, et seq. and PMC Section 17.25.020 (Density Bonus Agreements), as follows:
1. To allow composite shingles for roofing material.
2. To allow a reduction of the required garage width of 20 feet.
The Housing Division has determined that granting the concessions listed above will result in actual and identifiable cost reductions to provide affordable housing. In addition, the proposed project will contribute to the City’s Regional Housing Needs Assessment (RHNA) allocation.
Report to Mayor and City Council
Re: Reso. No. CC 2024-048
May 1, 2024
FIGURE 1 – AERIAL MAP
FISCAL IMPACT
$0; The applicant paid the fees associated with the submittal of the application.
STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.
E. Transform housing inventory to meet the changing lifestyle and market demands.
Prepared by: Brenda Magaña, Planning Manager
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENTS
Reso. No. CC 2024-048
Reso. No. PC-2024-004
East Palmdale Boulevard
55th Street East
50th Street East
Project Site
CITY COUNCIL
CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2024-048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING DENSITY BONUS AGREEMENT (AGR) 24-0002 (A-8767) WITH MAISON’S PALMDALE BLVD 150, LLC ; TO FACILITATE THE FUTURE CONSTRUCTION OF APPROXIMATELY 19 1 DWELLING
UNITS COMPRISED O F 64 DETACHED SINGLE -FAMILY DWELLING UNITS AND 127 ACCESSORY DWELLING UNIT S AND JUNIOR
ACCESSORY DWELLING UNITS AND DRAINAGE BASIN LOCATED ON
THE SOUTH SIDE OF PALMDALE BOULEVARD BETWEEN 50th STREET EAST AND 55th STREET EAST (APN: 3023-002-184)
WHEREAS, Maison’s Palmdale Blvd 150, LLC has filed an application requesting the Planning Commission recommend City Council approve a form of Density Bonus Agreement (AGR) 24-0002 (A-8767), described herein (hereinafter “Application”); and
WHEREAS, The Application applies to a parcel located on the south side of Palmdale Boulevard, between 50th Street East and 55th Street East indicated on the Los Angeles Assessor roll as Assessor Parcel Number 3023- 002-184, legally described on Exhibit A hereto and shown on the map attached as Exhibit B.
WHEREAS, On March 14, 2024, the Planning Commission of the City of Palmdale conducted a duly noticed public hearing on the A pplication and recommended City Council approval of the Application on that date; and
WHEREAS, on April 17, 2024, the City Council of the City of Palmdale conducted a duly noticed public hearing on the Application and continued the item to May 1, 2024, City Council meeting; and
WHEREAS, On May 1, 2024, the City Council of the City of Palmdale conducted a duly noticed public hearing on the Application and concluded said hearing on that date.
Evidence, both written and oral, was duly presented and considered by the City Council at the aforesaid public hearing, including but not limited to, the staff report dated May 1, 2024; and
WHEREAS, All legal prerequisites to the adoption of this Resolution have occurred.
NOW THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF
PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
Resolution No. CC 2024-048
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. The City Council hereby finds as follows with respect to the environmental document prepared for the project:
A Pursuant to the California Environmental Quality Act (CEQA), an Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program were prepared for the project finding that, with the incorporation of mitigation measures, the project would not have a significant impact on the environment.
The proposed project has the potential to have a significant effect on the environment in the following areas: Biological Resources, Cultural Resources, Geology/Soils, and Greenhouse Gas Emissions. Mitigation measures established by the MMRP will be implemented to reduce potential impacts to a level that is less than significant.
B The custodian of records for all other materials which constitute the record of proceedings upon which the City Council’s decision is based, is the Planning Manager of the City of Palmdale. These documents are available for public review in the Planning Division of the City of Palmdale located at 38250 Sierra Highway, Palmdale, California 93550, telephone (661) 267-5200.
SECTION 3. Based upon substantial evidence presented to the City Council during the above-referenced May 1, 2024, public hearing, including public testimony, and written and oral staff reports, the City Council specifically finds as follows:
A The proposed development agreement conforms with the maps and policies of the General Plan or any applicable Specific Plan;
The proposed project involves the subdivision of a 20- acre parcel for the future construction of 191 dwelling units comprised of detached single- family residences, accessory dwelling units (ADU) and junior accessory dwelling units (JADU). The project is co nsistent and compatible with both the General Plan and Zoning Ordinance as modified with the DBA, as described in Exhibits C and D. The project site has a General Plan Land Use designation and zone of Single Family Residential 3 (SFR 3), which allows up to six dwelling units per acre. Per State Density Bonus Law, when 10 percent of all units are reserved for low -income households, the City must grant a 20 percent density bonus over the base density, which would allow an additional 4 units for this development. Although the maximum density for the project site is 120 units, the residential development does not require an increased density and the applicant proposes to construct a Resolution No. CC 2024-048
total of 64 detached single- family residential units and 127 ADU’s and JADU’s for a total of 191 residential units. Under California Fair Housing Laws, the proposed ADUs and JADUs are not subject to a jurisdiction's density requirements.
Of the 191 units proposed, 10 percent of the units are required to be reserved for low -income households . Furthermore, Density Bonus Law allows for the granting of concessions to the development standards in order to achieve cost-savings in the production of affordable housing. With the exception of the concessions related to design, the project will comply with the development standards for the SFR 3 zone.
B The proposed Density Bonus Agreement complies with the requirements of California Government Code Section 65915 et. seq. (DBA) The project site has a General Plan Land Use designation and zone of SFR
3. Density Bonus Law requires that, when 10 percent of all units are for low-income households, the City must grant a 20 percent density bonus over the base density, which would allow an additional 4 units for this development. Although the maximum density for the project site is 120 units, the residential development does not require an increased density and the applicant proposes to construct a total of 64 detached single-family residential units and 127 ADU’s and JADU’s for a total of 191 residential units.
Of the 191 units proposed, 10 percent of the units are required to be reserved for low -income households. Additionally, the owner has requested cost-saving concessions in accordance with Government Code Section 65915, et seq. and PMC Section 17.25.110, as follows:
1. To allow composite shingles for roofing material.
2. To allow a reduction of the required garage width of 20 feet.
SECTION 4. Based on the findings and conclusions set forth in Sections 1, 2, and 3 above, the City Council approves a form of (AGR) 24-0002 (A-8767) set forth in Exhibit C.
Resolution No. CC 2024-048
SECTION 5. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED and ADOPTED this 1
st day of May, 2024.
_________________________________
Approved as to form: Austin Bishop, Mayor
ATTEST:
___________________________ _________________________________ William P. Curley, III Rochelle Scott, City Clerk
City Attorney
I, Rochelle Scott, 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 1 st day of May, 2024,
by the following roll call vote:
AYES:
NOES:___________________________________________________________
ABSTAIN:______________________ABSENT:___________________________
Date:
Rochelle Scott, City Clerk
EXHIBIT A
LEGAL DESCRIPTION FOR DENSITY BONUS AGREEMENT 24-0002 AND TENTATIVE TRACT MAP 83359
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 10 OF TRACT NO, 2916, IN THE CITY OF PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 31, PAGE 13, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 3023-002-184
EXHIBIT B
AERIAL MAP FOR TENTATIVE TRACT MAP 83359
East Palmdale Boulevard
55th Street East
50th Street East
Project Site
OFFICIAL BUSINESS )
Document entitled to free )
Recording per California )
Government Code Section 27383 )
)
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
City of Palmdale )
38300 Sierra Highway, Suite C )
Palmdale, CA 93550 )
Attn: City Clerk )
______________________________________________________________________________ SPACE ABOVE THIS LINE IS FOR RECORDER’S USE
APN: 3023-002-184
DENSITY BONUS HOUSING AGREEMENT
Maison’s Palmdale Blvd 150, LLC
Agreement No. A-8767
THIS DENSITY BONUS HOUSING AGREEMENT ( this “Agreement”), dated as of ___________ ____, 2024, is entered into by and between the City of Palmdale, a municipal corporation of the State of California (the “City”), and Maison’s Palmdale Blvd 150, LLC , a Delaware limited liability company and/or its assigns (the “Owner”), as follows:
RECITALS
A. The Owner is the owner of a fee interest in certain real property located in the City of Palmdale, County of Los Angeles, State of California, identified as APN 3023-002-184, located at the Southeast corner of East Palmdale Boulevard and Hudsonia Street and legally described in Exhibit “A” attached hereto and incorporated by reference (the “Property”).
B. The Owner will construct a 191-unit affordable housing development, 64 three- and four-bedroom single family homes, 64 one -bedroom junior accessory dwelling units, 48 two- bedroom accessory dwelling units (“ADUs”), 15 three -bedroom ADUs, and associated landscaping and parking (“Residential Development” of “Project”).
C. The Owner proposes construction of a rental housing development of 189 units for low-income individuals and families and two manager’s unit. At least ten percent (10%) of the units that count towards the Project’s base density as defined pursuant to Government Code section 65915 (64 units) will be available to and occupied by households whose incomes do not exceed the maximum income of low -income households in Los Angeles County as determined by the California Department of Housing and Community Development.
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D. Under California Government Code Section 65915, et seq. and Palmdale Municipal Code Section 17.25.020, the City must, upon the request of an applicant, grant a density bonus and/or certain incentives/concessions and/or waivers/modifications for any development applicant that seeks and agrees to construct a minimum number of housing units that are affordable to low or very low-income households (the “Density Bonus Law”).
E. The subject site has a General Plan Land Use Designation of Single Family Residential 3 (up to 6 dwelling units per acre) and is zoned Single Family Residential 3 (up to 6 dwelling units per acre). The Density Bonus Law requires that, when an applicant includes at least 10% low-income units, the City must grant a 20 % density bonus over the base density, which would allow an additional 4 units per acre in the Residential Development. Because ADUs do not count towards density, the Project does not require a density bonus . To provide for affordable housing cost of the low-income units and fit the Project on the Property as designed, the Owner has requested a cost -saving concession and a waiver in accordance with California Government Code Section 65915, et seq. and Palmdale Municipal Code Section 17.25.020, as follows:
a. A concession pursuant to Palmdale Municipal Code Section 17.37.010.D.7, to allow composite shingles for the roofing material.
F. The Owner has also requested one waiver to development standards that, if applied, would have the effect of physically precluding the construction of the Project in accordance with California Government Code Section 65915, subdivision (e)(1), as follows:
a. A waiver to the minimum garage length in Palmdale Municipal Code Section 17.37.010.C.3.b to allow a minimum garage length of 20 feet.
G. The City and the Owner enter into this Agreement purs uant to and in accordance with California Government Code Section 65915, et seq., and Section 17.25.020 of the Palmdale Municipal Code, in order to provide housing for lower income households.
H. The City finds that granting the concession and waiver listed under Recital E and F, above, will result in actual and identifiable cost reductions to provide for affordable housing cost, will not have an adverse impact upon public health and safety, the physical environment, or any property that is listed in the California Register of Historical Resources, and is consistent with state and federal law. The City also finds that the Residential Development is consistent with the General Plan.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows:
AGREEMENT
1. Recitals. The Recitals set forth above are true and correct, and incorporated herein.
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2. Definitions. For purposes of this Agreement, the terms listed below shall have the meanings thereafter specified:
a. “Adjusted for Household Size Appropriate for the Unit” means a household of two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, and four persons in the case of a three-bedroom unit.
b. “Affordable Rent” means a rent that, when added to the Utility Allowance, does not exceed thirty (30) percent of sixty (60) percent of the Los Angeles County median income as determined annually by the California Department of Housing and Community Development, Adjusted for Household Size Appropriate for the Unit.
c. “Affordable Unit” means a dwelling unit that will be offered for rent exclusively to an Income Eligible Household at an Affordable Rent pursuant to this Agreement.
d. “Director” means City’s Department of Neighborhood Services Director, or his or her designee.
e. “Income Eligible Household” means a Low -Income Household which is eligible to rent a particular Affordable Unit.
f. “Low Income Household” shall have the meaning ascribed to it under California Health and Safety Code Section 50079.5. The upper income limit for Low Income Households shall be the income limits for such households published annually by the California Department of Housing and Community Development with adjustments for household size.
g. “Management Plan” means a plan prepared by the Owner and approved by the Director describing in detail the management of the Affordable Units, including marketing of the Affordable Units, tenant selection criteria and process, waiting list management, appl ication of Utility Allowances in setting Affordable Rents, and similar details of the operation, annual monitoring inspections and file review, and a schedule of initial rents.
h. “Occupancy Date” means the earlier to occur of (i) issuance of a Certificate of Occupancy by the City or (ii) issuance of a Temporary Certif icate of Occupancy by the City.
i. “Other Units” means units in the Residential Development that are not Affordable Units. The Other Units may be subject to Other Regulatory Agreements limiting the income of tenants and the rents that can be charged but are not subject to this Agreement.
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j. “Other Regulatory Agreement” means any regulatory agreement that specifies maximum rents for units and income limits for tenants in the Residential Development other than this Agreement.
k. “Owner” means the person or entity defined as such in the introductory paragraph of this Agreement and includes all successors and assigns of that person or entity.
l. “Property” shall have the meaning defined in Recital A, as more particularly described in Exhibit “A” attached hereto and incorporated herein.
m. “Residential Development” shall have the meaning given in Recital B.
n. “Utility Allowance” means an amount designated annually by the City as a reasonable estimate of the cost of utilities for the Affordable Unit, for purposes of calculating the applicable Affordable Rent.
3. Approvals. The Residential Development s hall be developed in accordance with all applicable provisions of the Palmdale Municipal Code.
4. Affordable Units. The Owner hereby covenants and agrees that at least ten percent (10%) of the base units in the Residential Development (at least 7 units) shall be rented exclusively to Low-Income Households at an Affordable Rent. The Affordable Units also may be subject to an additional affordable housing regulatory agreement (“Other Regulatory Agreement”). In the event of a conflict between this Agreement and Other Regulatory Agreement, the Other Regulatory Agreement shall control. Notwithstanding the foregoing, the rents of the Affordable Units shall not exceed the Affordable Rents as defined in this Agreement and the Term shall be no less than 55 years.
5. Affordable Rents . Affordable Rents for Affordable Units, including Utility Allowances, shall be based on the Los Angeles County Area Median Income published in Title 25, California Code of Regulations, Section 6932 by the California Department of Housing and Community Development, as may be amended from time to time. Affordable Rents may not be increased more frequently than annually to reflect increases in Area Median Income.
6. Term of Affordability Covenants. The covenants to restrict the rental of the Affordable Units in accordance with this Agreement shall remain in effect for a term commencing on the Occupancy Date and continuing for fifty-five (55) years (the “Term”). Prior to recording of this Agreement, the Owner must deliver to the City a Lenders Consent and Subordination Agreement (“Lender Consent”), in the form appended to this Agreement , from each lender that will hold a security interest in the Property. Such Lender Consents sha ll be recorded as a substantive part of this Agreement.
7. Management Plan . The Owner shall submit the Management Plan for the Director’s consideration and approval at least one hundred eighty (180) days prior to the date that Density Bonus Housing Agreement Agreement No. A-8767
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the Owner applies for a Certificate of Occupancy for the Residential Development. Such approval shall not be unreasonably withheld. In addition to other components, the Management Plan shall contain the following:
i. Whenever an Affordable Unit becomes available, the Director shall be notified promptly in writing.
ii. The Owner shall conduct affirmative marketing of the Affordable Units, as they become available from time to time, including wide circulation of information of the availability of Affordable Units for rent during the marketing period required by the Management Plan.
iii. The Owner shall determine the eligibility of Low -Income Households that may lease the Affordable Units in accordance with the Management Plan.
8. Changes in Tenant Income . A tenant who initially qualified as a Low Income Household, but who, due to an increase in income, no longer qualifies as a Low Income Household shall pay as rent an amount that is the least of the amount that would be payable by the tenant under (i) low-income housing tax credit regulations, (ii) State or local law , or (iii) thirty percent (30%) of the household’s adjusted gross income.
9. Utilization of Affordable Rental Units . All Affordable Units required by this Agreement shall be leased or rented and fully utilized in accordance with this Agreement; notwithstanding any other provision of law to the contrary, for the Term, no Affordable Unit shall be withdrawn from the market or otherwise held vacant except as may be necessary for reasonable maintenance and repair.
10. No Sublease . A tenant occupying an Affordable Unit may not sublet the unit without the written permission of both the Owner and the City. The City shall not grant permission to lease, rent, or sublet the unit if it finds that the prospective tenant or occupant is not an Income Eligible Household. Any individual who subleases an Affordable Unit in violation of the provisions of this Agreement shall be required to forfeit to the City all monetary amounts so obtained.
11. Lease Agreement . A fully executed copy of the lease agreement for each Affordable Unit, which shall comply with the provisions of this Agreement, shall be delivered to the City’s Department of Neighborhood Services, Housing Division within thi rty (30) days after the date of its execution.
12. Maintenance of Units. The Owner shall: (a) maintain and operate all units on the Property so as to provide decent, safe, and sanitary housing consistent with federal housing quality standards and the Palmdale Municipal Code; (b) make any required repairs or provide any required cleanup; and (c) provide the Affordable Units with the same levels of services and maintenance as are provided to any of the other dwelling units on the Property.
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13. Annual Report . The Owner shall maintain complete and accurate records pertaining to the Affordable Units and shall prepare and provide the Director with a written annual report commencing one year after the Occupancy Date and continuing every year for fifty -five (55) years, regarding the rental status of the units. The report shall include information regarding the name, address , and income of each resident of the Affordable Units, identify the number of bedrooms of the unit and the monthly rent paid by the tenant . So long as permitted by law, concurrently with the submittal of each annual report to the City, the Owner shall pay a monitoring fee to the City in the amount of Fifteen Hundred Dollars ($1,500) with a maximum increase of 2% per year to defray the City’s cost of monitoring the Owner’s compliance with this Agreement. The Owner’s failure to make such required payment shall be a default under this Agreement.
14. Federal and State Laws. Notwithstanding the above provisions, nothing contained herein shall require the Owner or the City to do anything contrary to or refrain from doing anything required by Federal and State laws and regulations promulgated thereunder applicable to the construction, management, maintenance, and rental of Affordable Units in the City of Palmdale.
15. Prohibition Against Discrimination. The Owner shall not discriminate against any tenant or potential tenant on the basis of sex, color, race, ethnicity, religion, ancestry, national origin, age, pregnancy, marital status, family composition, sexual orientation, or the potential or actual occupancy of minor children. The Owner further agrees to take affirmative action to ensure that no such person is discriminated against for any of the above-mentioned reasons.
16. Indemnification. The Owner shall defend, indemnify, and hold harmless the City of Palmdale and its officers, agents, employees, representatives , and volunteers from and against third party actions, including any loss, liability, claim, or judgment , relating solely to this Agreement, including those claims that arise out of: (a) a breach of this Agreement by the Owner; (b) related in any manner to the Owner’s administration of this Agreement; or (c) arising out of the City’s interest in this Agreement or Affordable Units. This indemnification shall not apply to claims arising out of the negligence or willful misconduct of the City, its officers, agents, employees, representatives, or volunteers.
17. City’s Right to Inspect Units and Documents. The City may inspect the Affordable Units (subject to the tenant’s privacy rights and lease provisions) and any documents or records relating thereto, at any reasonable time in order to determine the Owner’s compliance with this Agreement.
18. Successors and Assigns . This Agreement and its covenants and conditions shall run with the land and be binding upon and inure to the benefit of the City and the Owner, and their respective successors, owners by deed, deed in-lieu of foreclosure, foreclosure or otherwise, and assigns. The City reserves the right to designate another public agency within the City of Palmdale to perform the City’s obligations or to exercise the City’s rights under this Agreement.
19. Notices. All notices required herein shall be sent by certified mail, return receipt requested, or express delivery service with a delivery receipt and shall be deemed to be effective on the date received or the date delivery was refused as indicated on the return receipt, as follows:
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To Owner: Maison’s Palmdale Blvd. 150, LLC
2007 Cedar Avenue
Manhattan Beach, CA 90266
Attn: Kevin Harbison
with a copy to: Cox, Castle, & Nicholson, LLP
50 California Street
Suite 3200
San Francisco, CA 94111
Attn: Linda C. Klein
To City: City of Palmdale
38250 Sierra Highway
Palmdale, California 93550-4798
Attn: Director of Neighborhood Services
w ith a copy to: City of Palmdale
38300 Sierra Highway
Palmdale, California 93550-4798
Attn: City Attorney
The parties hereto may subsequently change addresses by providing written notice of the change in address to the other party hereto in accordance with this Section.
20. Governing Law. The laws of the State of California shall govern this Agreement.
Any legal action brought under this Agreement must be instituted in the Superior Court of the County of Los Angeles, State of California, in an appropriate municipal court in that County, or in Federal District Court in the Central District of California.
21. Default. Failure or delay by either party hereto to perform any term or provision of this Agreement, which is not cured within thirty (30) days after receipt of notice from the other party, constitutes a default under this Agreement. The party who so fails or delays must immediately commence to cure, correct, or remedy such failure or delay, and shall complete such cure, correction, or remedy with due diligence. The injured party shall give written notice of default to the party in default specifying the default complained of by the injured party. Except as required to protect against further damages, the injured party may not initiate proceedings against the party in default until thirty (30) days after giving such notice. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. If applicable, the City agrees to accept cures tendered by the Investor Limited Partner of the Owner within the cure periods provided in this Agreement.
22. Remedies.
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a. Any individual who rents (including subleasing) an Affordable Unit in violation of the provisions of this Agreement shall be required to forfeit to the City all monetary amounts so obtained.
b. The City may institute any appropriate legal actions or proceedings necessary to ensure compliance with this Agreement, including, but not limited to, actions for injunctive relief or damages.
c. It is agreed and understood that the covenants to maintain the Affordable Units as set forth herein are a requirement of the Palmdale Municipal Code and as a condition to receiving zoning and parking concessions/ incentives and waivers under the Palmd ale Municipal Code, the Owner agrees that a breach of the covenants to maintain the Affordable Units as affordable housing for the Term specified herein constitutes a violation of the Palmdale Municipal Code, subject to enforcement by all legally available means.
23. Attorneys’ Fees. In any action brought to declare the rights granted herein or to enforce or to interpret any of the terms of this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs in an amount determined by the court.
24. Non-Waiver. Failure to exercise any right either party hereto may have or be entitled to in the event of default hereunder shall not constitute a waiver of such right or any other right in the event of a subsequent default.
25. Further Assurances and Recordation. The parties hereto shall cause this Agreement to be recorded in the Official Records of the County of Los Angeles. The Owner shall execute any further documents consistent with the terms of this Agreement, including documents in recordable form and do such further acts as may be necessary, desirable, or proper as the City shall from time to time find necessary or appropriate in order to effectuate its purpose in entering into this Agreement.
26. Entire Agreement . This Agreement, including any Lender’s Consent and Subordination Agreements, and all attached Exhibits, constitutes the entire agreement between the parties hereto. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Each party to this Agreement acknowledges that no representations, inducements, promises , or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statement, or promise not contained in this Agreement shall not be valid or binding. This Agreement may be amended only by written instrument signed by both the City and the Owner.
27. Third Party Beneficiaries. There are no third -party beneficiaries of or to this Agreement.
28. Amendment of Agreement.
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a. Generally. This Agreement may be amended from time to time in whole or in part by mutual consent of the original parties hereto or their successors in interest, in accordance with this Agreement, the Palm dale Municipal Code, and the Density Bonus Law.
b. Administrative Amendments . Notwithstanding subdivision (a) of this Section, any amendment to this Agreement, whether requested by the Owner or by the City, which does not relate to the Term; the number, percentage, or type of Affordable Units; or the number or type of any incentives or concessions given by the City, may be determined by the Director to be an a dministrative amendment and, if so, the Director shall approve the administrative amendment without notice or hearing, and this Agreement and its per tinent exhibits shall be automatically amended without further action by the parties hereto. A memorandum of the amendment shall be executed and recorded in order to reflect such administrative amendment.
29. Counterparts. This Agreement may be executed by each party hereto on a separate signature page, and when the executed signature pages are combined, shall constitute one single instrument.
[signatures follow]
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IN WITNESS WHEREOF, the City and the Owner have executed this Agreement as of the date set forth above.
CITY
CITY OF PALMDALE,
a municipal corporation
By:
________________________________
Ronda Perez
City Manager
Dated:
______________________________
ATTEST:
By:
________________________________
Roxanne Faber
City Clerk
APPROVED AS TO FORM:
By:
________________________________
William P. Curley III
City Attorney
KANE, BALLMER & BERKMAN
City Special Counsel
By:
________________________________
Todd C. Mooney
OWNER
MAISON’SPALMDALE BLVD 150, LLC
a Delaware limited liability company,
its Administrative General Partner
Ravello Holdings, Inc.,
a California limited liability company,
its Manager
By:________________________________
Dilip K. Ram
President
Dated: ________________________
AHA High Desert MGP, LLC,
a California limited liability company,
its Managing General Partner
Affordable Housing Access, Inc.
a California nonprofit public benefit
corporation
its Manager
By:________________________________
Vasilios Salamandrakis
President
Dated: ________________________
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me t hat he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _____________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _____________________________
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FORM OF
LENDER’S CONSENT AND SUBORDINATION AGREEMENT
NOTICE: THIS LENDER’ S CONSENT AND SUBORDINATION RESULTS IN YOUR
SECURITY INTERESTS IN THE PROPERTY BECOMING SUBJECT TO AND OF A LOWER
PRIORITY THAN THIS DENSITY BONUS HOUSING AGREEMENT
The undersigned (the “Lender”), as owner and holder of security interests ( “Security Interests”) evidenced by that certain [Deed of Trust With Absolute Assignment of Leases and Rents, Security Agreement and Fixture Filing] made by the Owner as trustor in favor of ____________________________ as beneficiary, dated as of ________________ and recorded on _______________ as Instrument No._____________ in the Official Records of the County of Los Angeles, State of California, hereby acknowledges its consent to the terms and provisions of this Density Bonus Housing Agreement. The undersigned further agrees that its Security Interests are and shall unconditionally be and remain at all times junior, subordinate , and subject to the terms, covenants, conditions, and restrictions of Sections 4, 5, and 6 of this Density Bonus Housing Agreement, provided that in consideration of the Lender’s covenants and agreements contained in this Agreement, the City and its designated agencies hereby agree for the benefit of the Lender that concurrently with any notice from the City to the Owner that a default or breach exists under the terms of this Density Bonus Housing Agreement, the City shall send a copy of such notice to the Lender, and the Lender shall have the right, but not the obligation, to cure any defaults within thirty (30) days after the expiration of any cure period set forth in the notice from the City to the Owner regarding such Owner default. The provisions of this consent are intended to supplement, and not to limit, waive, modify , or replace those provisions of law pertaining to notice and cure rights of junior lenders including, without limitation, those set forth in California Civil Code Sections 2924b and 2924c. The Lender intentionally and unconditionally waives, relinquishes , and subordinates the lien or charge of the Security Interests in favor of this Density Bonus Housing Agreement.
AGREED AND ACKNOWLEDGED:
Dated as of: _________________ “ LENDER”
By. _______________________________
Name: _____________________________
Title: ______________________________
[notarized signature required]
Density Bonus Housing Agreement Agreement No. A-8767
Maison’s Palmdale Blvd 150, LLC Page 12
APN: 3023-002-184
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _____________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _____________________________
Density Bonus Housing Agreement Agreement No. A-8767
Maison’s Palmdale Blvd 150, LLC Page 13
APN: 3023-002-184
EXHIBIT A
Legal Description of Property
THE LAND REFERRED TO HEREIN BELOW IS SITUATED, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 10 OF TRACT NO, 2916, IN THE CITY OF PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 31, PAGE 13, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 3023-002-184
Planning Commission Staff Report
DATE: MARCH 14, 2024
TO: HONORABLE CHAIR AND PLANNING COMMISSIONERS
FROM: ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
APPLICANT: MAISON’S PALMDALE BLVD 150, LLC
DISTRICT: 4
SUBJECT: ADOPT RESOLUTION NO. PC-2024-004 RECOMMENDING CITY
COUNCIL APPROVAL OF DENSITY BONUS AGREEMENT
24-0002, APPROVING TENTATIVE TRACT MAP 83359, AND
ADOPT THE MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING AND REPORTING PROGRAM
PREPARED FOR THE PROJECT.
RECOMMENDATION
The Planning Commission has the following options:
1. Adopt Resolution No. PC-2024-004 recommending City Council approval of Density Bonus Agreement (AGR) 24-0002 (A-8767), approving Tentative Tract Map (TTM) 83359, and adopt the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) prepared for the project.
2. Continue the project and direct staff to return with additional information.
3. Deny the project.
Option 1 is recommended.
BACKGROUND
The applications were submitted on March 22, 2023, reviewed by staff, and deemed incomplete on May 2, 2023, with some minor revisions required for the site layout and Initial Study. The required revisions were submitted on September 25, 2023, and scheduled for the March 14, 2024, Planning Commission meeting.
Staff Report to the Planning Commission
AGR 24-0002 and TTM 83359
March 14, 2024
Noticing/Agency Comments
TABLE 1 - AFFECTED AGENCIES
Agency Comments
Water
Service:
Los Angeles County Water
Works
No comments received
Palmdale Water District The applicant will need to submit a conceptual water plan
School
District(s):
Antelope Valley Union High
School District
No comments received.
Palmdale School District No comments received.
Other: Los Angeles County
Sanitation District
The applicant will be required to pay
connection fees.
Southern California Gas
Company
No comments received.
AT&T No comments received.
California Department of
Fish and Wildlife
The Applicant will be required to obtain
an Incidental Take Permit.
Staff Report to the Planning Commission
AGR 24-0002 and TTM 83359
March 14, 2024
PROJECT DESCRIPTION
The applicant is requesting approval of a Density Bonus Agreement and Tentative Tract Map application to subdivide a 20-acre parcel into 66 parcels to facilitate the future construction of approximately 190 dwelling units comprised of a detached single-family dwelling unit, an accessory dwelling unit, and a junior accessory dwelling unit on the 64 lots dedicated for residential uses. The two remaining parcels will be used for a drainage basin and a parcel dedicated to a shared common area for recreation purposes.
Ten percent of the units will be available to households with incomes that do not exceed the maximum income of low-income households in Los Angeles County as determined by the California Department of Housing and Community Development. The request includes two concessions from the development standards as allowed by the State Density Bonus Law (California Government Code Section 65915) The Palmdale Municipal Code (PMC) requires a Density Bonus Agreement and Tentative Map application approval for the proposed project. A Subdivision Development Plan will be required for the approval of the proposed design and individual plot plans for the comprehensive development.
Density Bonus
A density bonus is an increase in the overall number of housing units that a developer may build on a site in exchange for providing affordable housing. State Density Bonus Law, pursuant to Section 65915 of the California Government Code, offers incentives that are intended to encourage the development of affordable housing, including up to an 80 percent increase in density.
The project site has a General Plan Land Use designation and zone of Single-Family Residential 3 (SFR 3, 7,000 square foot lots; up to 6 dwelling units per acre). The project site is approximately 20 acres and the maximum density is 120 detached single-family residential units. Density Bonus Law requires that, when 10 percent of all units are for low-income households, the City must grant an 20 percent density bonus over the base density, which would allow an additional 4 units for this development. Although the maximum density for the project site is 120 units, the residential development does not require an increased density and the applicant proposes to construct a total of 64 detached single-family residential units and 127 ADU’s and JADU’s for a total of 191 residential units.
Under California Fair Housing Laws, the proposed ADUs and JADUs are not subject to a jurisdiction's density requirements.
Staff Report to the Planning Commission
AGR 24-0002 and TTM 83359
March 14, 2024
Of the 191 units proposed, 10 percent of the units are required to be reserved for low- income households. Additionally, the owner has requested cost-saving concessions in accordance with Government Code Section 65915, et seq. and PMC Section 17.25.020 (Density Bonus Agreements), as follows:
1. To allow composite shingles for roofing material.
2. To allow a reduction of the required garage width of 20 feet.
The Housing Division has determined that granting the concessions listed above will result in actual and identifiable cost reductions to provide affordable housing. In addition, the proposed project will contribute to the City’s Regional Housing Needs Assessment (RHNA) allocation.
FIGURE 1 – AERIAL MAP
East Palmdale Boulevard
55thStreet East
50th Street East
Project Site
Staff Report to the Planning Commission
AGR 24-0002 and TTM 83359
March 14, 2024
ANALYSIS
TABLE 2- EXISTING LAND USE / ZONING / GENERAL PLAN
Land Use Zoning General Plan
Subject
Site
Vacant parcel Single Family Residential 3
(SFR 3)
Single Family Residential 3
(SFR 3)
North Vacant parcel Residential Neighborhood 2
(RN 2)
Residential Neighborhood 2
(RN 2)
South Single-family
residence
Single Family Residential 3
(SFR 3)
Single Family Residential 3
(SFR 3)
East Vacant parcel Single Family Residential 3
(SFR 3)
Single Family Residential 3
(SFR 3)
West Single-family
residence
Single Family Residential 3
(SFR 3)
Single Family Residential 3
(SFR 3)
Staff Report to the Planning Commission
AGR 24-0002 and TTM 83359
March 14, 2024
TABLE 3 - GENERAL PLAN CONSISTENCY
Element Goal, Objective, or
Policy
Standard
Met?
Justification*
Land Use LUD-3.5: Ensure that
there will be
adequate water and
wastewater system
capacity to meet
projected demand by
continuing to oversee
the development of
adequate and
dependable public
services and facilities
to support both
existing and future
development.
Yes The project is located within the
Palmdale Water District and the
Los Angeles County Sanitation
District. Both agencies have
reviewed the project and provided
conditions of approval to ensure
the project can be adequately
served by existing water and
wastewater facilities upon
approval of development plans.
LUD-5.3:
Require new
developments to be
designed for and
provided with
adequate public
services and
infrastructure.
Require that these
public facilities and
services be provided
concurrently with
development to
ensure a high quality
of life for residents.
Yes The project is located within the
Palmdale Water District and the
Los Angeles County Sanitation
District. Both agencies have
reviewed the project and provided
conditions of approval to ensure
the project can be adequately
served by existing water and
wastewater facilities upon
approval of development plans.
Additionally, the project has been
conditioned by the Engineering
Department to provide adequate
roadways, curbs, gutters, and
sidewalks to adequately serve
future residents.
Staff Report to the Planning Commission
AGR 24-0002 and TTM 83359
March 14, 2024
TABLE 3 - GENERAL PLAN CONSISTENCY (CONTINUED)
Element Goal, Objective, or
Policy
Standard
Met?
Justification*
Land Use LUD-6.1:
Strongly encourage
new subdivisions and
master planned
projects to include a
diversity of housing
types and
architecture styles,
where possible.
Yes The proposed map will facilitate
the future development of a mix
of housing types consisting of
detached single-family homes,
accessory dwelling units, and
junior accessory dwelling units
to provide diverse housing
options to meet the needs of
several types of potential
residents.
LUD-6.5:
Encourage new
development to
incorporate public
plazas, seating,
drinking fountains,
and gathering
places, especially in
prominent locations
and areas of
pedestrian activity.
Yes The project proposes to
dedicate one parcel totaling
approximately 35,000 square
feet to common space for both
indoor and outdoor gathering
and recreation.
Economic
Development
ED-5.2:
Increase the supply
and diversity of
housing options to
support different
types of households
including seniors,
young adults,
families, empty
nesters, individuals
or families with
special needs, and
multigenerational
families.
Yes The proposed map will facilitate
the future development of a mix
of housing types consisting of
detached single-family homes,
accessory dwelling units, and
junior accessory dwelling units
to provide diverse housing
options to meet the needs of
several types of potential
residents.
Staff Report to the Planning Commission
AGR 24-0002 and TTM 83359
March 14, 2024
TABLE 3 - GENERAL PLAN CONSISTENCY (CONTINUED)
Element Goal, Objective, or
Policy
Standard
Met?
Justification*
Equitable and
Healthy
Communities
EHC-6.2:
Encourage a variety
of housing types
developed at a range
of densities to serve
varying household
types, including, but
not limited to, single-
family attached and
detached, accessory
dwelling units, multi-
family apartments,
townhomes,
duplexes, triplexes,
quadplexes, and
condominiums.
Yes The proposed map will facilitate
the future development of a mix
of housing types consisting of
detached single-family homes,
accessory dwelling units, and
junior accessory dwelling units
to provide diverse housing
options to meet the needs of
several types of potential
residents.
EHC-6.4:
Promote
development of
housing types that
support multi-
generational
households and
opportunities to age
in place.
Yes The proposed map will facilitate
the future development of a mix
of housing types consisting of
detached single-family homes,
accessory dwelling units, and
junior accessory dwelling units
to provide diverse housing
options to meet the needs of
several types of potential
residents.
*Justification is based on a review by the case planner of the plans date stamped ‘Received September 25, 2023’.
Staff Report to the Planning Commission
AGR 24-0002 and TTM 83359
March 14, 2024
TABLE 4 - PALMDALE MUNICIPAL CODE STANDARDS
Standard Standard
Met?
Justification*
Density Minimum Density: 0 du/ac
Maximum Density: 6 du/ac
Yes The project proposes a map that
would accommodate the
development of 64 single-family
homes. This would result in
approximately 3.2 dwelling units
per acre (du/ac).
*Pursuant to California Fair
Housing Laws, ADUs and JADUs
are not subject to a jurisdiction's
density requirements.
Lot Size Minimum: 7,000 square feet Yes The proposed map has been designed to allow for a range of lot
sizes, the smallest of which is
7,000 square feet, meeting this
development standard.
Lot
Width
Minimum: 60 feet Yes The project proposes a range of
lot sizes, with the narrowest lot
measured at 62 feet wide,
exceeding the minimum 60-foot
width requirement.
Lot
Depth
Minimum: 100 feet Yes The project proposes a range of
lot sizes, with the shallowest lot
measured at 100 feet wide,
meeting the minimum 100-foot
width requirement.
*Justification is based on a review by the case planner of the plans date stamped ‘Received September 25, 2023’.
Staff Report to the Planning Commission
AGR 24-0002 and TTM 83359
March 14, 2024
Site Layout
FIGURE 2 – TENTATIVE TRACT MAP
East Palmdale Boulevard
55thStreet East
Staff Report to the Planning Commission
AGR 24-0002 and TTM 83359
March 14, 2024
Access
Street improvements will be constructed to provide internal circulation as well as connections to existing roads Bell Avenue, Hudsonia Street, Rainer Avenue, Keston Drive, and Oak Street. No streets or driveways proposed by the project will open directly onto Palmdale Boulevard from the project site. The City Engineer and Los Angeles County Fire Department have reviewed the project and determined that it is designed with adequate access to accommodate safe vehicular flow. Furthermore, access to the site will not be affected by the phasing of the development.
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA), an Initial Study, to determine whether the project would have a significant effect on the environment, has been prepared. The Initial Study analyzed the potential for environmental impacts and all topics were found to have either no impact, a less than significant impact, or a less than significant impact with mitigation incorporated. Mitigation measures for biological resources, cultural resources, geology/soils, and greenhouse gas emissions were included to reduce impacts to a less significant level. In addition, the western Joshua tree has been designated a protected species under the California Endangered Species Act.
Therefore, any removal of western Joshua trees on site must comply with all requirements from CDFW. The applicant must apply for an Incidental Take Permit in accordance with CDFW guidelines to address changes in State regulations relating to western Joshua trees. As such, an MND and MMRP were prepared and circulated in accordance with CEQA Guidelines.
Prepared by: Chantal Power, Contract Planner
Approved by: Brenda Magaña, Planning Manager
Approved as to form: William P. Curley III, City Attorney
ATTACHMENTS
Resolution No. PC-2024-004
AGR 24-0002 Density Bonus Agreement A-8767
MND and MMRP
EXHIBIT A
LEGAL DESCRIPTION FOR DENSITY BONUS AGREEMENT 24-0002 AND TENTATIVE TRACT MAP 83359
THE LAND REFERRED TO HEREIN BELOW IS SITUATED, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 10 OF TRACT NO, 2916, IN THE CITY OF PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 31, PAGE 13, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 3023-002-184
EXHIBIT B
AERIAL MAP FOR TENTATIVE TRACT MAP 83359
East Palmdale Boulevard
55thStreet East
50th Street East
Project Site
EXHIBIT C
GENERAL PLAN CONSISTENCY TABLE FOR AGR 24-0002 AND TTM 83359 Element Goal, Objective, or
Policy
Standard
Met?
Justification*
Land Use Goal LUD-3.5:
Ensure that there will
be adequate water
and wastewater
system capacity to
meet projected
demand by
continuing to oversee
the development of
adequate and
dependable public
services and facilities
to support both
existing and future
development.
Yes The project is located within the
Palmdale Water District and the
Los Angeles County Sanitation
District. Both agencies have
reviewed the project and
provided conditions of approval
to ensure the project can be
adequately served by existing
water and wastewater facilities
upon approval of development
plans.
LUD-5.3:
Require new
developments to be
designed for and
provided with
adequate public
services and
infrastructure.
Require that these
public facilities and
services be provided
concurrently with
development to
ensure a high quality
of life for residents.
Yes The project is located within the
Palmdale Water District and the
Los Angeles County Sanitation
District. Both agencies have
reviewed the project and
provided conditions of approval
to ensure the project can be
adequately served by existing
water and wastewater facilities
upon approval of development
plans. Additionally, the project
has been conditioned by the
Engineering Department to
provide adequate roadways,
curbs, gutters, and sidewalks to
adequately serve future
residents.
EXHIBIT C
GENERAL PLAN CONSISTENCY TABLE FOR AGR 24-0002 AND TTM 83359 (CONTINUED)
Element Goal, Objective, or
Policy
Standard
Met?
Justification*
Land Use LUD-6.1:
Strongly encourage
new subdivisions
and master planned
projects to include a
diversity of housing
types and
architecture styles,
where possible.
Yes The proposed map will facilitate
the future development of a mix
of housing types consisting of
detached single-family homes,
accessory dwelling units, and
junior accessory dwelling units
to provide diverse housing
options to meet the needs of
several types of potential
residents.
LUD-6.5:
Encourage new
development to
incorporate public
plazas, seating,
drinking fountains,
and gathering
places, especially in
prominent locations
and areas of
pedestrian activity.
Yes The project proposes to
dedicate one parcel totaling
approximately 35,000 square
feet to common space for both
indoor and outdoor gathering
and recreation.
Economic
Development
ED-5.2:
Increase the supply
and diversity of
housing options to
support different
types of households
including seniors,
young adults,
families, empty
nesters, individuals
or families with
special needs, and
multigenerational
families.
Yes The proposed map will facilitate
the future development of a mix
of housing types consisting of
detached single-family homes,
accessory dwelling units, and
junior accessory dwelling units
to provide diverse housing
options to meet the needs of
several types of potential
residents.
EXHIBIT C
GENERAL PLAN CONSISTENCY TABLE FOR AGR 24-0002 AND TTM 83359 (CONTINUED)
Standard Standard
Met?
Justification*
Equitable
and Healthy
Communities
EHC-6.2:
Encourage a variety of
housing types
developed at a range
of densities to serve
varying household
types, including, but
not limited to, single-
family attached and
detached, accessory
dwelling units, multi-
family apartments,
townhomes, duplexes,
triplexes, quadplexes,
and condominiums.
Yes The proposed map will
facilitate the future
development of a mix of
housing types consisting of
detached single-family
homes, accessory dwelling
units, and junior accessory
dwelling units to provide
diverse housing options to
meet the needs of several
types of potential residents.
*Pursuant to California Fair
Housing Laws, ADUs and
JADUs are not subject to a
jurisdictions density
requirements.
EHC-6.4:
Promote development
of housing types that
support multi-
generational
households and
opportunities to age in
place.
Yes The proposed map will
facilitate the future
development of a mix of
housing types consisting of
detached single-family
homes, accessory dwelling
units, and junior accessory
dwelling units to provide
diverse housing options to
meet the needs of several
types of potential residents.
* Based on the plan set dated September 25, 2023
EXHIBIT D
DEVELOPMENT STANDARDS TABLE FOR AGR 24-0002 AND TTM 83359 Standard Standard
Met?
Justification*
Density Minimum Density: 0 du/ac
Maximum Density: 6
du/ac
Yes The project proposes a map that
would accommodate the
development of 64 single-family
homes. This would result in
approximately 3.2 dwelling units
per acre (du/ac).
*Pursuant to California Fair
Housing Laws, ADUs and
JADUs are not subject to a
jurisdictions density
requirements.
Lot
Size
Minimum: 7,000 square
feet
Yes The proposed map has been
designed to allow for a range of
lot sizes, the smallest of which is
7,000 square feet, meeting this
development standard.
Lot
Width
Minimum: 60 feet Yes The project proposes a range of
lot sizes, with the narrowest lot
measured at 62 feet wide,
exceeding the minimum 60 foot
width requirement.
Lot
Depth
Minimum: 100 feet Yes The project proposes a range of
lot sizes, with the shallowest lot
measured at 100 feet wide,
meeting the minimum 100 foot
width requirement.
* Based on plans dated September 25, 2023
EXHIBIT E
DRAFT
CONDITIONS OF APPROVAL FOR TTM 83359
APPROVAL DATE: MARCH 14, 2024
EFFECTIVE DATE: MARCH 25, 2024
EXPIRATION DATE: MARCH 25, 2027
These Conditions of Approval apply to Tentative Tract Map (TTM) 83359, a request to subdivide 20 acre(s) into 66 lot(s) to facilitate the future construction of 191 dwelling units comprised of single-family dwelling units, accessory dwelling units and a junior accessory dwelling units on the 64 lots dedicated for residential uses and a drainage basin located on the south side of Palmdale Boulevard between 50 th Street East and
55th Street East (APN: 3023-002-184). Any proposed change of use or expansion of the area, or modifications to the site plan or structures shall be submitted to the Planning Division, along with the required application and fee, for review. For the purpose of these conditions, the term “applicant” shall also mean the developer, the owner or any successor(s) in interest to the terms of this approval. For the purposes of these conditions, an * indicates that the condition is a mitigation measure.
GENERAL CONDITIONS:
1 This approval shall not become effective for any purposes until any appeal period has passed and the applicant has filed at the office of the Planning Division their notarized affidavit stating that they agree to and accept all of the Conditions of Approval as approved by the Reviewing Authority as set forth in Resolution No.
PC-2024-004. (P)
2 Should the City Council deny or revise Density Bonus Agreement (AGR) 24-0002, this TTM shall be modified to ensure consistency with AGR 24-0002, which may require additional review. (P)
3 Should this project not be inaugurated during the initial approval period, an extension of time not to exceed an additional two years as allowed by the Subdivision Map Act for TTM 83359 may be granted by the Review Authority.
Applications for time extensions must be filed a minimum of 90 days prior to the expiration date. Requests for time extensions must be accompanied by a formal application, all required exhibits and plans, and required application fees. (P) 4 This approval shall become null and void if a final map has not been timely filed prior to the expiration date in accordance with provisions of the Subdivision Map Act. An extension of time may be granted by the Review Authority upon submittal of a formal application, required exhibits and appropriate fees in accordance with the Palmdale Municipal Code (PMC). In granting any such time extension, the Exhibit E
DRAFT Conditions of Approval TTM 83359
City may impose new conditions and standards on the tentative map, pursuant to Section 66452.6(e) of the Government Code. (P)(E)
5 Immediately upon approval of this project by the Review Authority, the applicant shall submit to the City a cashier’s check or check, payable to Los Angeles County Clerk in the amount of $2,991.75 for the environmental filing fee in compliance with the California Environmental Quality Act (CEQA) Guidelines.
Furthermore, if the California Department of Fish and Wildlife (CDFW) determines that this project is not exempt from a filing fee imposed pursuant to Fish and Wildlife Code Section 711.4 because the project has more than a de Minimis impact on fish and wildlife, then the applicant shall also pay to CDFW any fee and any fine which the Department determines to be owed. (P) 6 This Tentative Tract Map is granted for all boundary lines, easements, rights-of- way, and construction of off-site improvements as shown on the map date stamped September 25, 2023, as modified by these Conditions of Approval. Final map(s) shall be in substantial compliance with the tentative map and these Conditions of Approval. (P)(E)
7 The applicant shall comply with all requirements of the PMC, all requirements of the City ordinances, resolutions, and all applicable standards and policies that are in effect at the time that building permits are issued for the development. (P)(E)
8 The applicant shall defend, indemnify, and hold harmless the City its elected and appointed officials, officers, employees, and agents from and against any claim, action, or proceeding against the City, its elected and appointed officials, officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City concerning this project, including but not limited to any approval or condition of approval of the Review Authority. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its elected and appointed officials, officers, employees, and agents in the defense of the matter. (P)
9 Pursuant to Government Code Section 66020(a), any party may protest the imposition of any fees, dedications, reservations, or other exactions imposed on this development project. Required fees must be paid in full or arrangements must be made to pay the fee when due. Written notice of payment under protest must be filed with the City at the time of approval or conditional approval of this project or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions imposed on this project. (P) Exhibit E
DRAFT Conditions of Approval TTM 83359
10 The applicant shall be responsible for informing all subcontractors, consultants, engineers, or other business entities providing services related to the project of their responsibilities to comply with all pertinent requirements in the PMC, including the requirement that a business license be obtained by all entities doing business in the City. (P)
11 When exhibits and written conditions of approval are inconsistent, the written conditions shall prevail. (P)(E)
12 Off-site public improvements (streets, drainage, sewers, etc.) may be necessary to adequately serve this subdivision. If off-site public improvements are required, said improvements shall be located within public easements. This tentative map approval is subject to the applicant’s acceptance of the City requirements for acquisition of said public easements, including the applicant’s financial responsibility. The City Engineer shall have the authority to withhold approval of any affected improvement plans for failure to satisfy this condition. (E) 13 The applicant shall participate in such on-site and off-site water service improvements as may be required by the serving water purveyor. (E) 14 Coordination with utility companies by the applicant’s engineer during design shall be required in order to ensure that required public improvements are not in conflict with existing or proposed utilities. (E)
15 The applicant shall comply with all provisions of Municipal Code Chapter 14.05, Water Efficient Landscape Ordinance. (E)
16 The applicant shall comply with all requirements of the Congestion Management Program for the County of Los Angeles and any related City of Palmdale requirements. These shall include, but are not limited to trip reduction, deficiency plan, traffic and public transportation requirements and improvements, and impact fee requirements. (TE)
17 The applicant shall comply with the provisions of PMC Chapter 3.45 (Public Facility Development Impact Fee Requirements). The applicant shall pay the applicable public facility impact fees to the Building and Safety Division in the amount that is in effect at the time such fees are to be collected. (B&S) 18 Intersection sight distance and stopping sight distance shall be shown to meet the required standards both horizontally and vertically at Palmdale Boulevard and 52
nd Street East and at all intersections within the project including consideration for walls, landscaping, grading, and vegetation. (TE) Exhibit E
DRAFT Conditions of Approval TTM 83359
THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO THE STAMPING OF THE TENTATIVE MAP FOR CONDITION COMPLIANCE:
19 All plans, specifications, studies, reports, calculations, maps, notes, legal documents, and designs shall be prepared and signed (and stamped where required) only by those individuals legally authorized to do so. Plans for public improvements shall be prepared, signed, and stamped by a California Registered Civil Engineer. (E)
THE FOLLOWING CONDITIONS SHALL BE ADDRESSED WITH THE SUBMITTAL OF GRADING PLANS OR PRIOR TO ISSUANCE OF A GRADING PERMIT:
20 The applicant shall enter into a Subdivision Improvement Agreement and post securities for grading operations with the City and pay all applicable fees.
Grading activities extending beyond phase boundaries shall require prior approval of the City Engineer and Planning Manager. Such grading activity shall be reflected in the subdivision improvement agreement of the phase which request such grading. (E)
21 The Tentative Tract Map shall indicate the alignment of all adjacent streets, turn lanes, medians, bus turnouts, traffic control devices, sidewalks, landscape setbacks, and the location of other infrastructure. (TE) 22 Grading and wall plans shall be submitted for review and approval to the Engineering Division. Approval by both the City Engineer and Planning Manager shall be obtained prior to the issuance of a Grading Permit. Perimeter walls shall be consistent with the design and materials of any previously approved adjacent perimeter wall to provide continuity of the streetscape. Final grading and wall concepts shall be in substantial conformance with those shown on the tentative map, conceptual grading plan, and in accordance with the following: (P)(E)
22.1 Northerly Boundary - The applicant shall provide a six-foot-high decorative wall constructed of decorative block.
22.2 Easterly Boundary - The applicant shall provide a six-foot-high decorative wall constructed of decorative block.
22.3 Westerly Boundary - The applicant shall provide a six-foot-high decorative wall constructed of decorative block.
22.4 All corner lots shall contain a decorative masonry block wall on the street side of the lot.
22.5 All interior property line walls, if proposed, shall be constructed of masonry, wrought iron, durable vinyl, or other similar durable materials as approved by the Planning Manager.
Exhibit E
DRAFT Conditions of Approval TTM 83359
23 In all cases where a required wall is to be located adjacent to the top of a 2:1 or greater slope, the wall shall be set back a minimum of two and one-half (2-1/2) feet from the crest of that slope on the level side. All slope and wall configurations shall meet the setback requirements of the City Building Code. (P)(E)(B&S)
24 The exterior face and footings of all project perimeter walls shall be located no more than two (2) inches from the property line on the subject property. (P)(E) 25 Double boundary walls between developments are prohibited except as approved by the Planning Manager and City Engineer. (P)(E) 26 The final grading plan shall indicate that all rear and interior side yard slopes are up slopes to property lines as indicated on the tentative map. (P)(E) 27 All manufactured slopes on or adjacent to project boundaries shall meet the setback requirements of the current City Building Code. A recorded off-site Slope Acceptance Letter from all affected property owners shall be submitted to the City Engineer prior to approval of grading plans for any slope not meeting these requirements. In addition, slopes are required to meet City Standards with respect to erosion control. (E)(B&S)
28 The applicant shall submit a temporary erosion control and sedimentation plan for approval by the City Engineer prior to grading plan approval and grading permit issuance when grading activity will occur between October 1st and April 15th. Said erosion control plan shall provide appropriate dust control measures, per City and Antelope Valley Air Quality Management District (AVAQMD) Standards, to minimize nuisance from dust at all times. (E)(B&S)
28.1 The applicant shall submit a dust control plan to AVAQMD for review and shall obtain a permit from said agency prior to issuance of a City grading permit. The applicant shall provide proof of compliance with all AVAQMD requirements and applicable fees. (E)
29 This project shall be designed and constructed in accordance with the stormwater pollution control requirements of the Lahontan Region of the California Regional Water Quality Control Board. Prior to the issuance of a grading permit, the applicant shall file a Notice of Intent with the Lahontan Region of the California Regional Water Quality Control Board to comply with the applicable National Pollution Discharge Elimination System (NPDES) requirements. (E)
Exhibit E
DRAFT Conditions of Approval TTM 83359
30 Final landscape and irrigation plans shall be submitted to the City Engineer/Landscape Architect for review and approval. Said plans shall include street tree and slope erosion control plans, as determined necessary by the City Engineer. One copy of the approved plans shall be submitted to the Planning Division. (P)(E)
31 A 10-foot and five-foot landscape easement shall be shown along Palmdale Blvd and Oak Street (in front of Lot 8), respectively. Said easements shall be in addition to any landscaping within the public right-of-way. Such easements are to be granted to the City. (P)(E)
32 The applicant shall submit for review and approval by the City Engineer, final landscaping and irrigation system plans for the areas included in the Landscape Maintenance Assessment District. (E)
33 The applicant shall incorporate into the project design all existing easements within the project boundaries, or obtain abandonment of said easements from the affected easement holder(s). If this requirement cannot be accomplished, the project shall be redesigned accordingly to the satisfaction of the Planning Manager/City Engineer or the Planning Commission. (P)(E) 34 The applicant shall obtain off-site easements from affected property owner(s) for all proposed off-site improvements and grading activities (slopes, drainage, walls, etc.). If said easements cannot be obtained, the project shall be redesigned to incorporate said improvements and grading entirely within the project boundary, to the satisfaction of the Planning Manager and the City Engineer. The City Engineer shall have the authority to withhold approval of any affected improvement plans for failure to satisfy this condition. (P)(E) 35 A drainage acceptance letter from each affected property owner shall be submitted to the City Engineer when the pre-developed storm runoff onto any property is increased, concentrated, diverted, or changed in any form as required by State law. (E)
36 A final hydrology study and hydraulics report shall be prepared for this subdivision and approved by the City Engineer. The hydrology study and hydraulics report shall address on-site and off-site conditions and impacts. (E) 37 An on-site drainage basin (detention) shall be required for this subdivision according to the City of Palmdale’s adopted Storm Water Management Policy.
Such basin(s) shall be sized and configured as a buildable lot based on the zoning; granted in fee to the City for drainage and landscape purposes; and annexed to the Landscape Community Facilities District. (E) Exhibit E
DRAFT Conditions of Approval TTM 83359
38 This subdivision shall be designed in accordance with the City’s Floodplain Management Ordinance, Master Plan of Drainage, and related criteria within the Engineering Design Standards. (E)
38.1 All drainage facilities shall be designed to be compatible with Master Plan of Drainage (MPD) facilities. Applicant shall provide system piping to allow for the future elimination of the drainage basin. (E)
38.2 Reimbursement for drainage facilities shall only be considered for the applicant’s dedication and construction of those facilities depicted on the City’s Master Plan of Drainage in accordance with Section 66486 of the Government Code. (E)
39 This subdivision is located within the Pearland Natural Drainage Area/Basin as defined by the City’s Master Drainage Plan and approved by Resolution 89-75.
The applicant shall comply with the provisions of Chapter 3.38 (Drainage Fee Ordinance) of the Palmdale Municipal Code. The applicant shall pay the applicable drainage fees to the Engineering Division in the amount that is in effect at the time such fees are to be collected. Payment of drainage fees for all areas within the map boundaries which are disturbed by grading are due upon submittal of first rough grade certification. (E)(B&S) 40 The applicant shall submit geotechnical reports, prepared in accordance with the City’s Engineering Design Standards, to the City Engineer for review and approval prior to the issuance of a grading permit. (E) 41 The applicant shall comply with all Joshua Tree requirements from the California Department of Fish and Wildlife and all provisions of City of Palmdale Municipal Code Chapter 14.04, Joshua Tree and Native Desert Vegetation Preservation. (P)(E)
THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO OR IN
CONJUNCTION WITH RECORDATION OF THE FINAL MAP OR ANY PHASE THEREOF:
42 The applicant shall petition the City to annex into Community Facilities District No. 2022-1 for the maintenance of landscaping and appurtenant facilities. Such annexation shall be formed concurrently with, or prior to, recordation of the final map at the sole cost and expense of the applicant, and the applicant’s deposit of the estimated costs thereof shall be required prior to such actions by the City. If the City is unsuccessful in the annexation to the Community Facilities District, the applicant shall propose an alternative maintenance entity and shall be responsible for the maintenance of the landscaping and appurtenant facilities Exhibit E
DRAFT Conditions of Approval TTM 83359
until such time that an alternative maintenance entity assumes the maintenance.
All costs associated with the annexation of an alternative maintenance entity shall be paid by the applicant. (E)
43 The applicant shall provide written evidence to the Planning and Engineering Divisions that approval has been obtained from the Los Angeles County Fire Department. (F)(P)(E)
44 The applicant shall enter into a subdivision improvement agreement and post securities with the City and pay all applicable fees at the time of subdivision approval for those improvements necessary to support this subdivision, as determined by the City Engineer. If any transfer of ownership/title of land within this proposed subdivision takes place prior to the release of all agreements and securities, the new applicant shall be required to enter into a separate Subdivision Improvement Agreement with the City and pay all applicable fees.
Agreement and securities with the prior applicant will be released after the agreement and securities with the new applicant take effect. (E) 45 The applicant shall provide standard street improvements for the South half of Palmdale Blvd across the project frontage. The design shall be based on a 57- foot half width right-of-way on an acceptable centerline profile extending a minimum 300 feet beyond the project where applicable. These improvements shall consist of: (E)
45.1 Curb and gutter,
45.2 Sidewalk (width = eight feet),
45.3 Roadway grading and paving, overlay and/or match-up, as directed by City Engineer,
45.4 Traffic control signs and devices as required by the City Traffic Engineer,
45.5 Pavement transition from the project boundaries to the satisfaction of the City Engineer,
45.6 Accessible curb ramp(s) at all walk returns,
45.7 Roadway drainage device(s),
45.8 Streetlights,
45.9 Raised median,
Exhibit E
DRAFT Conditions of Approval TTM 83359
45.10 Dedicate additional right-of-way to the ultimate half width of 57 feet,
45.11 Dedicate an additional 12 feet of right-of-way for the right turn lane and construct improvements as required by the Traffic Division,
45.12 Dedicate 10-foot Landscape Maintenance District (LMD) easement along Palmdale Blvd for landscape purpose
45.13 Dedicate sufficient right-of-way for corner cut-off in accordance with City’s Engineering Design Standard,
45.14 Dedicate the right to restrict vehicular access along Palmdale Blvd to the City of Palmdale
46 The applicant shall provide standard street improvements for the West half of Oak Street across the project frontage. These improvements shall consist of: (E)
46.1 Curb and gutter,
46.2 Sidewalk (width = five feet),
46.3 Roadway grading and paving, overlay and/or match-up, as directed by City Engineer,
46.4 Traffic control signs and devices as required by the City Traffic Engineer,
46.5 Pavement transition from the project boundaries to the satisfaction of the City Engineer,
46.6 Accessible curb ramp(s) at all walk returns,
46.7 Roadway drainage device(s),
46.8 Streetlights,
46.9 Dedicate five feet of LMD easement along Lot 8 frontage for landscape purpose,
46.10 Dedicate and provide 32 feet standard improvements along the West half of Oak Street from Palmdale Blvd to Palo Verde Way,
Exhibit E
DRAFT Conditions of Approval TTM 83359
46.11 Dedicate and provide 30 feet of standard improvements along the West half of Oak Street from Palo Verde Way to the southerly Cul-de-Sac,
46.12 Dedicate and construct a four-foot wide minimum ADA by-pass at all proposed driveway approaches, and
46.13 Construct proper drainage facility/system to mitigate the exiting basin (TR 45073) outlet system.
47 The applicant shall provide standard street improvements for “A” Street, “C” Street, and Silver Court within the project boundary, face of curb to face of curb width of 34 feet (58-foot right-of-way). These improvements consist of: (E)
47.1 Curb and gutter,
47.2 Sidewalk (width = five feet),
47.3 Roadway grading and paving, overlay and/or match-up, as directed by City Engineer,
47.4 Traffic control signs and devices as required by the City Traffic Engineer,
47.5 Pavement transition from the project boundaries to the satisfaction of the City Engineer,
47.8 Accessible curb ramp(s) at all walk returns,
47.9 Roadway drainage device(s),
47.10 Streetlights,
47.11 Dedicate and construct a four foot wide minimum ADA by-pass at all proposed driveway approaches
47.12 “A” Street shall have Bulb outs curb at the “B” Street and “D” Street. Final design and improvements to be approved by Engineering and Traffic 48 The applicant shall provide standard street improvements for “B” Street, Kenston Drive, “D” Street, and Bell Ave within the project boundary, face of curb to face of curb width of 36 feet (60-foot right-of-way). These improvements consist of: (E)
48.1 Curb and gutter,
Exhibit E
DRAFT Conditions of Approval TTM 83359
48.2 Sidewalk (width = five feet),
48.3 Roadway grading and paving, overlay and/or match-up, as directed by City Engineer,
48.4 Traffic control signs and devices as required by the City Traffic Engineer,
48.5 Pavement transition from the project boundaries to the satisfaction of the City Engineer,
48.6 Accessible curb ramp(s) at all walk returns,
48.7 Roadway drainage device(s),
48.9 Streetlights,
48.10 Dedicate and construct a four-foot wide minimum ADA by-pass at all proposed driveway approaches
49 The applicant shall provide standard street improvements for the East half of Hudsonia Street across the project frontage. The design shall be based on a 30- foot half-width right-of-way on an acceptable centerline profile extending a minimum of 300 feet beyond the project where applicable. These improvements shall consist of: (E)
49.1 Curb and gutter,
49.2 Sidewalk (width = five feet),
49.3 Roadway grading and paving, overlay and/or match-up, as directed by City Engineer,
49.4 Traffic control signs and devices as required by the City Traffic Engineer,
49.5 Pavement transition from the project boundaries to the satisfaction of the City Engineer,
49.6 Accessible curb ramp(s) at all walk returns,
49.7 Roadway drainage device(s),
Exhibit E
DRAFT Conditions of Approval TTM 83359
49.8 Streetlights,
49.9 Construct street knuckle at the Rainer Avenue and Hudsonia Street per City Standard
50 Provide a striping and signing plan, subject to the approval of the Traffic/Transportation Engineer prior to the approval of the street improvement plans, and provide striping for left-turn pockets at all approaches to the following intersection(s): Palmdale Boulevard and Oak Street as part of the approval of the street improvement plans. (TE)(E)
51 All areas within the tract designated by the City Engineer as requiring a landscape easement shall be shown as an ‘Easement for Landscaping Purposes’ on the final map. (E)
52 A sanitary sewer-area study for this subdivision shall be prepared and submitted to the City Engineer for review and approval. A public sanitary sewer system is to be dedicated to the City, with private laterals to each lot. The system shall be designed and installed as the only method of sewage disposal for this subdivision. Coordination and clearance must be obtained from Los Angeles County Sanitation District prior to issuance of a sewer permit. (E) 53 The applicant shall obtain sufficient off-site sewer easements and design and construct an off-site outfall sewer with supplemental size, capacity, and length as required by the City Engineer. The City Engineer shall have the right to withhold approval of any affected improvement plans for failure to satisfy this condition. (E)
54 The subdivision shall comply with all requirements of PMC Chapter 13.05, Sewer Collection Service Charges. (E)
55 Water mains shall be designed to meet or exceed the total flow requirements determined for domestic flow and fire flow for this development. Required domestic flow shall be calculated by the applicant’s engineer. Fire flow shall be determined by the Los Angeles County Fire Chief. (E)
56 The plans and specifications for the water delivery system shall be submitted for approval to the responsible water purveyor prior to final approval of this development by the City Engineer. In all cases where water system facilities have not been installed prior to filing this development with the City Engineer for final approval, the applicant shall submit a Labor and Materials bond in addition to one of the following: (E)
Exhibit E
DRAFT Conditions of Approval TTM 83359
56.1 An Agreement and Faithful Performance bond in the amount approved by the City Engineer to be sufficient to guarantee installation of the improvements; or
56.2 An Agreement and evidence satisfactory to the City Engineer showing that the applicant has entered into a contract with the serving water utility for establishing a security guaranteeing payment for the installation of the improvements.
57 Street lighting plans shall be reviewed and approved as part of the approval of the street improvement plans. Street lighting plans shall be submitted to the City Engineer for review and approval and to Southern California Edison Company for their use. (E)
58 The applicant shall petition the City to annex to the City’s Community Facilities District for the maintenance of streetlights and appurtenant facilities. Such annexation shall be formed concurrently with, or prior to, recordation of the final map at the sole cost and expense of the applicant, and the applicant’s deposit of the estimated costs thereof shall be required prior to such actions by the City. If the City is unsuccessful in the annexation to the Community Facilities District, the Developer shall propose and receive approval for an alternative maintenance entity. The developer shall remain solely responsible for the maintenance of the streetlights and appurtenant facilities until such time that an alternative maintenance entity assumes the maintenance. All costs associated with the formation of an alternative maintenance entity shall be paid by the Developer. (E) 59 The applicant shall provide a complete set of street improvement plans for review and comment to utility providers including but not limited to the following: (E)
59.1 Water District
59.2 Southern California Edison
59.3 Southern California Gas Company
59.4 AT&T
59.5 Cable TV
60 Easements for all on-site utilities, public and private, shall be granted and recorded for maintenance and upkeep. Such easements may include, but are not limited to, sewer, water, electric, gas, telephone, storm drains, detention basins, and landscaping. (E)
Exhibit E
DRAFT Conditions of Approval TTM 83359
61 Will Serve letters will be required before the map is submitted to City Council for approval. The following is a list of the minimum Will Serve letters required: (E)
61.2 Water District
61.3 Southern California Edison
61.4 Southern California Gas Company
61.5 Cable TV
61.6 School District
62 A preliminary title report and subdivision guarantee is needed showing all fee interest holders, all interest holders whose interest could ripen into a fee, all trust deeds, together with the names of the trustee and all easement holders. The account for this title report shall remain open until the final tract map is filed with the County Recorder. No easements shall be granted and recorded until after the final map is recorded, unless approved by the City Engineer and subordinated to any City easements by a certification upon the title sheet of the final map, prior to the grant. (E)
63 The applicant shall prepare Covenant’s, Conditions, and Restrictions (CC&R’s) for review and approval by the Planning Manager, City Engineer, and City Attorney. Such CC&R’s shall include all elements deemed necessary by the City Attorney (guidelines available at the Planning Division). The applicant shall be responsible for all City Attorney costs regarding review of said CC&R’s prior to recordation of any phase. (P)(E)
64 In cases where the applicant indicates that multiple final maps will be filed, a Phasing Plan shall be submitted for review and approval by the Planning Manager and City Engineer. Pursuant to Government Code 66456.1, multiple final maps (phasing of tentative map) shall not be authorized for this tentative map until such time as the City of Palmdale has had the opportunity to evaluate the phasing and impose reasonable conditions, related to the phasing. (E)
THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO THE ISSUANCE OF BUILDING PERMITS FOR ANY PHASE OF THE SUBDIVISION:
65 The applicant shall pay all fees at the time fees are determined payable and comply with all requirements of the applicable Federal, State, and Local agencies including, but not limited to, the following as applicable:
Exhibit E
DRAFT Conditions of Approval TTM 83359
Los Angeles County Sanitation District
Los Angeles County Department of Health Services
Los Angeles County Consolidated Fire District
Palmdale Water Districts
Palmdale School District
Westside Union School District
Antelope Valley Union High School District
Antelope Valley Air Quality Management District
The duty of inquiry as to such requirements shall be upon the applicant. Proof of payment shall be provided to the Building and Safety Division prior to issuance of any building permits. (P)(E)(B&S)
66 The applicant shall submit full sized copies of the final recorded map in the form of one set of mylar and three sets of blueline to the City Engineer, and shall also submit an 8-1/2 x 11 inch mylar copy of the final map to the Planning Manager and City Engineer. The applicant shall provide a computerized .dwg format of the final recorded tract map which is compatible with the City’s G.I.S. program to the City Engineer. The final map shall be projected in NAD 83 State Plane Zone (five feet). (E)(P)
67 Grading shall be designated “Engineered Grading” per City Building Code and shall be done in accordance with an approved grading plan. All grading work shall be performed according to the phasing plan approved by the Planning Manager and the City Engineer. (P)(E)
68 At completion of rough grading, the applicant shall submit appropriate reports and statements (Certifications) to the City Engineer, for review and approval, prior to release of rough grading. The City of Palmdale Building Code requires these reports and statements from the field or supervising grading engineer, the soils engineer, the geologist, and the grading contractor. (E)(B&S) 69 All sanitary sewer mains to be dedicated to the City are to be provided with as-built plans and have TV video inspection, as required by City Inspector, prior to final acceptance for maintenance. (E)
70 The applicant shall obtain addresses established by the City Engineer, and pay applicable processing fees, for all lots of residential subdivisions. (E) 71 Appropriate right-of-way for an eastbound right-turn lane shall be provided on Palmdale Boulevard at 52nd Street East. Design shall be subject to the approval of the City Engineer. (TE)
Exhibit E
DRAFT Conditions of Approval TTM 83359
72 A striping and signing plan shall be provided for all roadway improvements and shall be subject to the approval of the City Engineer as part of the approval of the street improvement plans. (TE)
THE FOLLOWING CONDITIONS SHALL BE MET WHILE CONSTRUCTION ACTIVITIES ARE ON-GOING:
73 From the beginning of the first ground disturbing activity until on hundred (100) percent of the lots for the entire subdivision have been released for occupancy, the following are required of the applicant: 1) have erosion control measures, per an approved Erosion Control and Sedimentation Plan, in place during the rainy season (October 15 - April 15); 2) provide appropriate dust control measures, per City and Antelope Valley Air Quality Management District (AVAQMD) Standards, to minimize nuisance from dust at all times. (E)(B&S)
74 Adequate sanitary disposal facilities shall be required on-site during all phases of construction. (E)(B&S)
75 The applicant shall provide solid waste disposal containers on-site during all phases of construction. The accumulation of refuse and debris which may constitute an unsightly/unsafe public nuisance to surrounding properties is not permitted. (P)
76 In the event of an unforeseen encounter of subsurface materials suspected to be of an archaeological or paleontological nature, all grading or excavation shall cease in the immediate area, and the find left untouched until a qualified professional archaeologist or paleontologist, whichever is appropriate, is contacted and called in to evaluate the find and make recommendations as to disposition, mitigation, and/or salvage. The applicant shall be liable for costs associated with the professional investigation. (P)
77 If this tentative map is to be phased, the applicant shall have all basin(s), and any temporary grading or structures necessary to convey runoff to basin(s), in an operable condition prior to completion of rough grading of proposed streets for the first phase. (E)
78 A signing and striping plan shall be provided for all roadway improvements. (TE) 79 The applicant shall comply with all City and State guidelines and requirements for traffic control during construction and prior to final project acceptance. (TE) Exhibit E
DRAFT Conditions of Approval TTM 83359
80 The City Engineer shall be notified a minimum of 60 days prior to the anticipated opening of any street to public travel. (TE)
81 Additional pavement shall be constructed in order to provide for striped right turn lanes on Palmdale Boulevard at 52nd Street East. (TE)
THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO ISSUANCE OF THE CERTIFICATE OF OCCUPANCY FOR EACH DWELLING UNIT:
82 The applicant shall comply with the provisions of PMC Chapter 3.40 (Traffic Impact Fee Ordinance). The applicant shall pay the applicable traffic impact fees to the Building and Safety Division in the amount that is in effect at the time such fees are to be collected. (TE)(E)(B&S)
83 The applicant shall comply with the provisions of PMC Chapter 3.42 (Fire Facility Impact Fee Ordinance). The applicant shall pay the applicable fire facility impact fees to the Building and Safety Division in the amount that is in effect at the time such fees are to be collected. (E)(B&S)
84 The applicant shall comply with the provisions of PMC Chapter 3.45 (Public Facility Development Impact Fee Ordinance). The applicant shall pay the applicable public facility impact fees to the Building and Safety Division in the amount that is in effect at the time such fees are to be collected. (E)(B&S) 85 All public improvements within, and necessary to support, a block or construction phase of any final map, must be completed within sixty (60) days from issuance of the first Certificate of Occupancy within the block or construction phase, to the satisfaction of the City Engineer. In no case shall the total occupancy for a final map exceed ninety (90), percent until all public improvements within the final map have been completed to the satisfaction of the City Engineer. (E) 86 Slope erosion control and street trees shall be installed to the satisfaction of the City Engineer. (E)
87 At completion of final grading, the applicant shall submit appropriate statements (Certifications) to the City Engineer prior to release of final grading. The City of Palmdale requires that these be submitted by the field or supervising grading engineer, and/or the landscape architect. (E)
88 The developer or builder shall provide full front yard and street side yard landscaping as approved by the City Engineer and the Planning Manager. (P)(E) Exhibit E
DRAFT Conditions of Approval TTM 83359
THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO ISSUANCE OF THE FINAL CERTIFICATE OF OCCUPANCY FOR ANY PHASE:
89 The subdivision shall have been graded and constructed in accordance with all approved plans including but not limited to site plans, grading plans, wall plans, and landscape plans. (P)(E)
90 Repair any broken or damaged curb, gutter, sidewalk, and pavement on streets within or along the frontage of the development. Any existing driveways that are not to be used shall be replaced with a standard curb, gutter, and sidewalk. (E) 91 Electric Meter Installations: SCE’s rules and policies require that all metering equipment be located to provide 24-hour access to the Utility. Metering equipment may be installed inside a building when located in an illuminated meter room directly accessible from the outside and readily accessible 24 hours a day. Southern California Edison requires their approval on all metering equipment prior to installation. (P)(SCE)(B&S)
92 Primary building address numbers shall be located on the building side where the main entrance is located. The development shall display an additional set of numbers on the secondary frontage (street side) when the building does not front on the street of address. Numbers shall be no less than eight inches in height, if located less than 100 feet from the centerline of the addressed street or 12- inches in height if placed further than 100 feet from the centerline of the addressed street. Numbers shall be of a color contrasting to the background to which they are affixed. (PS)
93 The applicant shall comply with the provisions of PMC Chapter 3.40 (Traffic Impact Fee Requirements). The applicant shall pay the applicable traffic impact fees to the Building and Safety Division in the amount that is in effect at the time such fees are to be collected pursuant to the provisions of PMC Chapter 3.40. (TE)
94 Street name signs shall be purchased and installed in accordance with City of Palmdale standards. The number and location of signs will be as directed by the City Engineer. (TE)
95 The applicant shall design and construct a traffic signal at the Palmdale Boulevard/52
nd Street intersection. Design shall be subject to the approval of the City Engineer. (TE)
Exhibit E
DRAFT Conditions of Approval TTM 83359
THE FOLLOWING CONDITION(S) SHALL BE MET AS AN ON-GOING ELEMENT OF THE PROJECT:
96 The applicant shall fully cooperate with any adjacent property development to provide improved site access in the future. (TE)
97 The installation of speed humps shall be prohibited as required by PMC Section
10.04.100. If any of these devices are installed while this ordinance is in effect the owner shall be required to remove these devices at their own expense. (TE) Key to Departmental Conditions:
(B&S) Building and Safety Division (661-267-5353)
(E) Engineering Division (661-267-5272)
(F) Los Angeles County Fire Department (661-949-6319)
(Pk) Parks and Recreation Department (661-267-5611)
(P) Planning Division (661-267-5200)
(PA) Public Art (661-267-5686)
(PS) Public Safety Division (661-267-5170)
(SCE) Southern California Edison (661-726-5617)
(TE) Traffic Engineering (661-267-5300)
OFFICIAL BUSINESS )
Document entitled to free )
Recording per California )
Government Code Section 27383 )
)
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
City of Palmdale )
38300 Sierra Highway, Suite C )
Palmdale, CA 93550 )
Attn: City Clerk )
______________________________________________________________________________ SPACE ABOVE THIS LINE IS FOR RECORDER’S USE
APN: 3023-002-184
DENSITY BONUS HOUSING AGREEMENT
Maison’s Palmdale Blvd 150, LLC
Agreement No. A-8767
THIS DENSITY BONUS HOUSING AGREEMENT (this “Agreement”), dated as of ___________ ____, 2024, is entered into by and between the City of Palmdale, a municipal corporation of the State of California (the “City”), and Maison’s Palmdale Blvd 150, LLC, a Delaware limited liability company and/or its assigns (the “Owner”), as follows:
RECITALS
A. The Owner is the owner of a fee interest in certain real property located in the City of Palmdale, County of Los Angeles, State of California, identified as APN 3023-002-184, located at the Southeast corner of East Palmdale Boulevard and Hudsonia Street and legally described in Exhibit “A” attached hereto and incorporated by reference (the “Property”).
B. The Owner will construct a 191-unit affordable housing development, 64 three- and four-bedroom single family homes, 64 one-bedroom junior accessory dwelling units (“JADU’s”), 48 two-bedroom accessory dwelling units (“ADUs”), 15 three-bedroom ADUs, and associated landscaping and parking (“Residential Development” of “Project”).ne residential building and included amenities (the “Residential Development”).
C. The Owner proposes construction of a rental housing development of 191 units for market rate and low income individuals and families. At least ten percent (10%) of the units will be available to and occupied by households whose incomes do not exceed the maximum income of low income households in Los Angeles County as determined by the California Department of Housing and Community Development.
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APN: 3023-002-184
D. Under California Government Code Section 65915, et seq. and Palmdale Municipal Code Section 17.25.020, the City must, upon the request of an applicant, grant a density bonus and/or certain incentives/concessions and/or waivers/modifications for any development applicant that seeks and agrees to construct a minimum number of housing units that are affordable to low or very low income households (the “Density Bonus Law”).
E. The subject site has a General Plan Land Use Designation of Single Family Residential 3 (up to 6 dwelling units per acre) and is zoned Single Family Residential 3 (up to 6 dwelling units per acre). The Density Bonus Law requires that, when an applicant includes at least 10% low-income units, the City must grant a 20% density bonus over the base density, which would allow an additional 4 units per acre in the Residential Development. Therefore, the Density Bonus Law requires the City to permit the Residential Development’s proposed density of 10 dwelling units per acre. Additionally, in order to provide for affordable housing cost of the low- income units, the Owner has requested cost-saving concessions in accordance with California Government Code Section 65915, et seq. and Palmdale Municipal Code Section 17.25.020, as follows:
a. A concession pursuant to Palmdale Municipal Code Section 17.37.010.D.7, to allow composite shingles for the roofing material.
F. Owner has also requested one waiver to development standards that, if applied, would have the effect of physically precluding the construction of the Project in accordance with Government Code Section 65915, subdivision (e)(1), as follows:
a. A waiver to the minimum garage depth in Palmdale Municipal Code Section 17.37.101.C.3.b to allow a minimum garage depth of 20 feet.
G. The City and the Owner enter into this Agreement pursuant to and in accordance with California Government Code Section 65915, et seq., and Section 17.25.020 of the Palmdale Municipal Code, in order to provide housing for lower income households.
H. The City finds that granting the concessions and waivers listed under Recital E and F, above, will result in actual and identifiable cost reductions to provide for affordable housing cost, will not have an adverse impact upon public health and safety, the physical environment, or any property that is listed in the California Register of Historical Resources, and is consistent with state and federal law. The City also finds that the Residential Development is consistent with the General Plan.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows:
AGREEMENT
1. Recitals. The Recitals set forth above are true and correct, and incorporated herein.
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APN: 3023-002-184
2. Definitions. For purposes of this Agreement, the terms listed below shall have the meanings thereafter specified:
a. “Adjusted for Household Size Appropriate for the Unit” means a household of two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, and four persons in the case of a three-bedroom unit. b. “Affordable Rent” means a rent that, when added to the Utility Allowance, does not exceed thirty (30) percent of sixty (60) percent of the Los Angeles County median income as determined annually by the California Department of Housing and Community Development, Adjusted for Household Size Appropriate for the Unit.
c. “Affordable Unit” means a dwelling unit that will be offered for rent exclusively to an Income Eligible Household at an Affordable Rent pursuant to this Agreement.
d. “Director” means City’s Department of Neighborhood Services Director, or his or her designee.
e. “Income Eligible Household” means a Low Income Household which is eligible to rent a particular Affordable Unit.
f. “Low Income Household” shall have the meaning ascribed to it under California Health and Safety Code Section 50079.5. The upper income limit for Low Income Households shall be the income limits for such households published annually by the California Department of Housing and Community Development with adjustments for household size. g. “Management Plan” means a plan prepared by the Owner and approved by the Director describing in detail the management of the Affordable Units, including marketing of the Affordable Units, tenant selection criteria and process, waiting list management, application of Utility Allowances in setting Affordable Rents, and similar details of the operation, annual monitoring inspections and file review, and a schedule of initial rents. h. “Occupancy Date” means the earlier to occur of (i) issuance of a Certificate of Occupancy by the City or (ii) issuance of a Temporary Certificate of Occupancy by the City.
i. “Owner” means the person or entity defined as such in the introductory paragraph of this Agreement, and includes all successors and assigns of that person or entity.
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j. “Property” shall have the meaning defined in Recital A, as more particularly described in Exhibit “A” attached hereto and incorporated herein. k. “Residential Development” shall have the meaning given in Recital B. l. “Utility Allowance” means an amount designated annually by the City as a reasonable estimate of the cost of utilities for the Affordable Unit, for purposes of calculating the applicable Affordable Rent.
3. Approvals. The Residential Development shall be developed in accordance with all applicable provisions of the Palmdale Municipal Code.
4. Affordable Units. The Owner hereby covenants and agrees that at least ten percent (10%) of the units in the Residential Development (at least 20 units) shall be rented exclusively to Low Income Households at an Affordable Rent.
5. Affordable Rents. Affordable Rents for Affordable Units, including Utility Allowances, shall be based on the Los Angeles County Area Median Income published in Title 25, California Code of Regulations, Section 6932 by the California Department of Housing and Community Development, as may be amended from time to time. Affordable Rents may not be increased more frequently than annually to reflect increases in Area Median Income.
6. Term of Affordability Covenants. The covenants to restrict the rental of the Affordable Units in accordance with this Agreement shall remain in effect for a term commencing on the Occupancy Date and continuing for fifty-five (55) years (the “Term”). Prior to recording of this Agreement, the Owner must deliver to the City a Lenders Consent and Subordination Agreement (“Lender Consent”), in the form appended to this Agreement, from each lender that will hold a security interest in the Property. Such Lender Consents shall be recorded as a substantive part of this Agreement.
7. Management Plan. The Owner shall submit the Management Plan for the Director’s consideration and approval at least one hundred eighty (180) days prior to the date that the Owner applies for a Certificate of Occupancy for the Residential Development. Such approval shall not be unreasonably withheld. In addition to other components, the Management Plan shall contain the following:
i. Whenever an Affordable Unit becomes available, the Director shall be notified promptly in writing.
ii. The Owner shall conduct affirmative marketing of the Affordable Units, as they become available from time to time, including wide circulation of information and public notice of the availability of Affordable Units for rent during the marketing period required by the Management Plan. iii. The Owner shall determine eligibility of Low Income Households that may Density Bonus Housing Agreement Agreement No. A-8767
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lease the Affordable Units in accordance with the Management Plan.
8. Changes in Tenant Income. A tenant who initially qualified as a Low Income Household, but who, due to an increase in income, no longer qualifies as a Low Income Household shall pay as rent an amount that is the least of the amount that would be payable by the tenant under (i) low income housing tax credit regulations, (ii) State or local law, or (iii) thirty percent (30%) of the household’s adjusted gross income.
9. Utilization of Affordable Rental Units. All Affordable Units required by this Agreement shall be leased or rented and fully utilized in accordance with this Agreement; notwithstanding any other provision of law to the contrary, no Affordable Unit shall be withdrawn from the market or otherwise held vacant.
10. No Sublease. A tenant occupying an Affordable Unit may not sublet the unit without the written permission of both the Owner and the City. The City shall not grant permission to lease, rent, or sublet the unit if it finds that the prospective tenant or occupant is not an Income Eligible Household. Any individual who subleases an Affordable Unit in violation of the provisions of this Agreement shall be required to forfeit to the City all monetary amounts so obtained.
11. Lease Agreement. A fully executed copy of the lease agreement for each Affordable Unit, which shall comply with the provisions of this Agreement, shall be delivered to the City’s Department of Neighborhood Services, Housing Division within ten (10) days after the date of its execution.
12. Maintenance of Units. The Owner shall: (a) maintain and operate all units on the Property so as to provide decent, safe and sanitary housing consistent with federal housing quality standards and the Palmdale Municipal Code; (b) make any required repairs or provide any required cleanup; and (c) provide the Affordable Units with the same levels of services and maintenance as are provided to any of the other dwelling units on the Property.
13. Annual Report. The Owner shall maintain complete and accurate records pertaining to the Affordable Units and shall prepare and provide the Director with a written annual report commencing one year after the Occupancy Date and continuing every year for fifty-five (55) years, regarding the rental status of the units. The report shall include information regarding the name, address, and income of each resident of the Affordable Units, identify the number of bedrooms of the unit and the monthly rent paid by the tenant. So long as permitted by law, concurrently with the submittal of each annual report to the City, the Owner shall pay a monitoring fee to the City in the amount of Three Thousand Dollars ($3,000) with a maximum increase of 2% per year to defray the City’s cost of monitoring the Owner’s compliance with this Agreement. The Owner’s failure to make such required payment shall be a default under this Agreement.
14. Federal and State Laws. Notwithstanding the above provisions, nothing contained herein shall require the Owner or the City to do anything contrary to or refrain from doing anything Density Bonus Housing Agreement Agreement No. A-8767
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required by Federal and State laws and regulations promulgated thereunder applicable to the construction, management, maintenance, and rental of Affordable Units in the City of Palmdale.
15. Prohibition Against Discrimination. The Owner shall not discriminate against any tenant or potential tenant on the basis of sex, color, race, ethnicity, religion, ancestry, national origin, age, pregnancy, marital status, family composition, sexual orientation, or the potential or actual occupancy of minor children. The Owner further agrees to take affirmative action to ensure that no such person is discriminated against for any of the above-mentioned reasons.
16. Indemnification. The Owner shall defend, indemnify, and hold harmless the City of Palmdale and its officers, agents, employees, representatives, and volunteers from and against any loss, liability, claim, or judgment relating solely to this Agreement, including those claims that arise out of: (a) a breach of this Agreement by the Owner; (b) related in any manner to the Owner’s administration of this Agreement; or (c) arising out of the City’s interest in this Agreement or Affordable Units. This indemnification shall not apply to claims arising out of the negligence or willful misconduct of the City, its officers, agents, employees, representatives, or volunteers.
17. City’s Right to Inspect Units and Documents. The City may inspect the Affordable Units (subject to the tenant’s privacy rights and lease provisions) and any documents or records relating thereto, at any reasonable time in order to determine the Owner’s compliance with this Agreement.
18. Successors and Assigns. This Agreement and its covenants and conditions shall run with the land and be binding upon and inure to the benefit of the City and the Owner, and their respective successors, owners by deed, deed in-lieu of foreclosure, foreclosure or otherwise, and assigns. The City reserves the right to designate another public agency within the City of Palmdale to perform the City’s obligations or to exercise the City’s rights under this Agreement.
19. Notices. All notices required herein shall be sent by certified mail, return receipt requested, or express delivery service with a delivery receipt and shall be deemed to be effective on the date received or the date delivery was refused as indicated on the return receipt, as follows:
To Owner: Maison’s Palmdale Boulevard 150, LLC
2007 Cedar Avenue
Manhattan Beach, CA 90266
Attn: Kevin Harbison
with a copy to: Cox, Castle, & Nicholson, LLP
50 California Street
Suite 3200
San Francisco, CA 94111
Attn: Linda C. Klein
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To City: City of Palmdale
38250 Sierra Highway
Palmdale, California 93550-4798
Attn: Director of Neighborhood Services
with a copy to: City of Palmdale
38300 Sierra Highway
Palmdale, California 93550-4798
Attn: City Attorney
The parties hereto may subsequently change addresses by providing written notice of the change in address to the other party hereto in accordance with this Section.
20. Governing Law. The laws of the State of California shall govern this Agreement.
Any legal action brought under this Agreement must be instituted in the Superior Court of the County of Los Angeles, State of California, in an appropriate municipal court in that County, or in Federal District Court in the Central District of California.
21. Default. Failure or delay by either party hereto to perform any term or provision of this Agreement, which is not cured within thirty (30) days after receipt of notice from the other party, constitutes a default under this Agreement. The party who so fails or delays must immediately commence to cure, correct, or remedy such failure or delay, and shall complete such cure, correction, or remedy with due diligence. The injured party shall give written notice of default to the party in default specifying the default complained of by the injured party. Except as required to protect against further damages, the injured party may not initiate proceedings against the party in default until thirty (30) days after giving such notice. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. If applicable, the City agrees to accept cures tendered by the Investor Limited Partner of the Owner within the cure periods provided in this Agreement.
22. Remedies.
a. Any individual who rents (including subleasing) an Affordable Unit in violation of the provisions of this Agreement shall be required to forfeit to the City all monetary amounts so obtained.
b. The City may institute any appropriate legal actions or proceedings necessary to ensure compliance with this Agreement, including, but not limited to, actions for injunctive relief or damages.
c. It is agreed and understood that the covenants to maintain the Affordable Units as set forth herein are a requirement of the Palmdale Municipal Code and as a condition to receiving zoning and parking concessions/incentives under the Palmdale Municipal Code, the Owner agrees that a breach of the covenants to maintain the Affordable Units as affordable housing for the Density Bonus Housing Agreement Agreement No. A-8767
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Term specified herein constitutes a violation of the Palmdale Municipal Code, subject to enforcement by all legally available means.
23. Attorneys’ Fees. In any action brought to declare the rights granted herein or to enforce or to interpret any of the terms of this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs in an amount determined by the court.
24. Non-Waiver. Failure to exercise any right either party hereto may have or be entitled to in the event of default hereunder shall not constitute a waiver of such right or any other right in the event of a subsequent default.
25. Further Assurances and Recordation. The parties hereto shall cause this Agreement to be recorded in the Official Records of the County of Los Angeles. The Owner shall execute any further documents consistent with the terms of this Agreement, including documents in recordable form and do such further acts as may be necessary, desirable, or proper as the City shall from time to time find necessary or appropriate in order to effectuate its purpose in entering into this Agreement.
26. Entire Agreement. This Agreement, including any Lender’s Consent and Subordination Agreements, and all attached Exhibits, constitutes the entire agreement between the parties hereto. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statement, or promise not contained in this Agreement shall not be valid or binding. This Agreement may be amended only by written instrument signed by both the City and the Owner.
27. Third Party Beneficiaries. There are no third party beneficiaries of or to this Agreement.
28. Amendment of Agreement.
a. Generally. This Agreement may be amended from time to time in whole or in part by mutual consent of the original parties hereto or their successors in interest, in accordance with this Agreement, the Palmdale Municipal Code, and the Density Bonus Law.
b. Administrative Amendments. Notwithstanding subdivision (a) of this Section, any amendment to this Agreement, whether requested by the Owner or by the City, which does not relate to the Term; the number, percentage, or type of Affordable Units; or the number or type of any incentives or concessions given by the City, may be determined by the Director to be an administrative amendment and, if so, the Director shall approve the administrative amendment without notice or hearing, and this Density Bonus Housing Agreement Agreement No. A-8767
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Agreement and its pertinent exhibits shall be automatically amended without further action by the parties hereto. A memorandum of the amendment shall be executed and recorded in order to reflect such administrative amendment.
29. Counterparts. This Agreement may be executed by each party hereto on a separate signature page, and when the executed signature pages are combined, shall constitute one single instrument.
[signatures follow]
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APN: 3023-002-184
IN WITNESS WHEREOF, the City and the Owner have executed this Agreement as of the date set forth above.
CITY
CITY OF PALMDALE,
a municipal corporation
By: ________________________________
Ronda Perez
City Manager
Dated: ______________________________
ATTEST:
By: ________________________________
Roxanne Faber
Acting City Clerk
APPROVED AS TO FORM:
By: ________________________________
William P. Curley III
City Attorney
KANE, BALLMER & BERKMAN
City Special Counsel
By: ________________________________
Todd C. Mooney
OWNER
owner
type of organization
By: Maison’s Palmdale Boulevard 150,
LLC
Delaware limited liability company
By: ___________________________
Name:___________________
Title: ____________________
Dated: ________________________
By: Organization,
type of company,
its Managing General Partner
By: ___________________________
Name:___________________
Title: ____________________
Dated: ________________________
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _____________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _____________________________
Density Bonus Housing Agreement Agreement No. A-8767
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APN: 3023-002-184
FORM OF
LENDER’S CONSENT AND SUBORDINATION AGREEMENT
NOTICE: THIS LENDER’S CONSENT AND SUBORDINATION RESULTS IN YOUR
SECURITY INTERESTS IN THE PROPERTY BECOMING SUBJECT TO AND OF A LOWER
PRIORITY THAN THIS DENSITY BONUS HOUSING AGREEMENT
The undersigned (the “Lender”), as owner and holder of security interests (“Security Interests”) evidenced by that certain [Deed of Trust With Absolute Assignment of Leases and Rents, Security Agreement and Fixture Filing] made by the Owner as trustor in favor of ____________________________ as beneficiary, dated as of ________________ and recorded on _______________ as Instrument No._____________ in the Official Records of the County of Los Angeles, State of California, hereby acknowledges its consent to the terms and provisions of this Density Bonus Housing Agreement. The undersigned further agrees that its Security Interests are and shall unconditionally be and remain at all times junior, subordinate, and subject to the terms, covenants, conditions, and restrictions of this Density Bonus Housing Agreement, provided that in consideration of the Lender’s covenants and agreements contained in this Agreement, the City and its designated agencies hereby agree for the benefit of the Lender that concurrently with any notice from the City to the Owner that a default or breach exists under the terms of this Density Bonus Housing Agreement, the City shall send a copy of such notice to the Lender, and the Lender shall have the right, but not the obligation, to cure any defaults within thirty (30) days after the expiration of any cure period set forth in the notice from the City to the Owner regarding such Owner default. The provisions of this consent are intended to supplement, and not to limit, waive, modify, or replace those provisions of law pertaining to notice and cure rights of junior lenders including, without limitation, those set forth in California Civil Code Sections 2924b and 2924c.
The Lender intentionally and unconditionally waives, relinquishes, and subordinates the lien or charge of the Security Interests in favor of this Density Bonus Housing Agreement.
AGREED AND ACKNOWLEDGED:
Dated as of: _________________ “LENDER”
By. _______________________________
Name: _____________________________
Title: ______________________________
[notarized signature required]
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APN: 3023-002-184
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _____________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Los Angeles )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _____________________________
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APN: 3023-002-184
EXHIBIT A
Legal Description of Property
THE LAND REFERRED TO HEREIN BELOW IS SITUATED, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 10 OF TRACT NO, 2916, IN THE CITY OF PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 31, PAGE 13, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 3023-002-184
Tentative Tract Map 83359
Initial Study – Mitigated Negative Declaration
prepared by
Maison’s Palmdale Boulevard 150, LLC
2007 Cedar Avenue
Manhattan Beach, California 90266
Contact: Kevin Harbison
prepared with the assistance of
Rincon Consultants, Inc.
250 East 1st Street, Suite 1400
Los Angeles, California 90012
February 2024
Table of Contents
Initial Study – Mitigated Negative Declaration i
Table of Contents
Initial Study ............................................................................................................................................. 1
1. Project Title ............................................................................................................................ 1
2. Lead Agency Name and Address ............................................................................................ 1
3. Contact Person and Phone Number ....................................................................................... 1
4. Project Location...................................................................................................................... 1
5. Project Sponsor’s Name and Address .................................................................................... 1
6. General Plan Designation ....................................................................................................... 1
7. Zoning ..................................................................................................................................... 2
8. Description of Project ............................................................................................................. 2
9. Surrounding Land Uses and Setting ....................................................................................... 6
10. Required Approvals ................................................................................................................ 6
11. Have California Native American Tribes Traditionally and Culturally Affiliated with the Project Area Requested Consultation Pursuant to Public Resources Code Section 21080.3.1? .............................................................................................................................. 7 Environmental Factors Potentially Affected ........................................................................................... 9 Determination ........................................................................................................................................ 9 Environmental Checklist .......................................................................................................................11 1 Aesthetics .............................................................................................................................11 2 Agriculture and Forestry Resources .....................................................................................15 3 Air Quality .............................................................................................................................17 4 Biological Resources .............................................................................................................31 5 Cultural Resources................................................................................................................39 6 Energy ...................................................................................................................................43 7 Geology and Soils .................................................................................................................49 8 Greenhouse Gas Emissions ..................................................................................................57 9 Hazards and Hazardous Materials ........................................................................................73 10 Hydrology and Water Quality ...............................................................................................79 11 Land Use and Planning .........................................................................................................83 12 Mineral Resources ................................................................................................................85 13 Noise .....................................................................................................................................87 14 Population and Housing .......................................................................................................99 15 Public Services ....................................................................................................................101 16 Recreation ..........................................................................................................................105 17 Transportation ....................................................................................................................107 18 Tribal Cultural Resources ...................................................................................................111 19 Utilities and Service Systems ..............................................................................................113 20 Wildfire ...............................................................................................................................119 21 Mandatory Findings of Significance ...................................................................................123 References ..........................................................................................................................................127 Bibliography ................................................................................................................................127 List of Preparers ..........................................................................................................................133 Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
ii
Tables
Table 1 Project Summary ....................................................................................................... .......... 6 Table 2 Federal and State Ambient Air Quality Standards ............................................................18 Table 3 ŵďŝĞŶƚŝƌYƵĂůŝƚLJĂƚƚŚĞDŽŶŝƚŽƌŝŶŐ^ƚĂƟŽŶ .................................................................23 Table 4 ŶƚĞůŽƉĞsĂůůĞLJŝƌYƵĂůŝƚLJDĂŶĂŐĞŵĞŶƚŝƐƚƌŝĐƚ^ŝŐŶŝĮĐĂŶĐĞdŚƌĞƐŚŽůĚƐ ......................25 Table 5 ĂŝůLJŽŶƐƚƌƵĐƟŽŶƌŝƚĞƌŝĂWŽůůƵƚĂŶƚ
ŵŝƐƐŝŽŶƐ ................................................................27 Table 6 ŶŶƵĂůŽŶƐƚƌƵĐƟŽŶƌŝƚĞƌŝĂWŽůůƵƚĂŶƚ
ŵŝƐƐŝŽŶƐ ............................................................27 Table 7 ĂŝůLJKƉĞƌĂƟŽŶĂůƌŝƚĞƌŝĂWŽůůƵƚĂŶƚ
ŵŝƐƐŝŽŶƐ .................................................................28 Table 8 ŶŶƵĂůKƉĞƌĂƟŽŶĂůƌŝƚĞƌŝĂWŽůůƵƚĂŶƚ
ŵŝƐƐŝŽŶƐ ..............................................................28 Table 9 ϮϬϮϭ
ůĞĐƚƌŝĐŝƚLJĂŶĚEĂƚƵƌĂů'ĂƐŽŶƐƵŵƉƟŽŶ ................................................................43 Table 10 ϮϬϮϭŶŶƵĂů'ĂƐŽůŝŶĞĂŶĚŝĞƐĞůŽŶƐƵŵƉƟŽŶ ...............................................................44 Table 11
ƐƟŵĂƚĞĚ&ƵĞůŽŶƐƵŵƉƟŽŶĚƵƌŝŶŐŽŶƐƚƌƵĐƟŽŶ;ŐĂůůŽŶƐͿ ............................................45 Table 12
ƐƟŵĂƚĞĚWƌŽũĞĐƚŶŶƵĂůKƉĞƌĂƟŽŶĂů
ŶĞƌŐLJŽŶƐƵŵƉƟŽŶ ...........................................46 Table 13 Combined Annual Greenhouse Gas Emissions .................................................................67 Table 14 WƌŽũĞĐƚŽŶƐŝƐƚĞŶĐLJǁŝƚŚƚŚĞ^ŽƵƚŚŽĂƐƚƐƐŽĐŝĂƟŽŶŽĨ'ŽǀĞƌŶŵĞŶƚƐϮϬϮϬ-2045 RTP/SCS .............................................................................................................................71 Table 15 Project Consistency with the Palmdale General Plan .......................................................72 Table 16 Project Site Vicinity Sound Level Monitoring Results- Short-Term ...................................90 Table 17 Project Site Vicinity Noise Monitoring Results – Long Term .............................................90 Table 18 ^ŽƵŶĚ>ĞǀĞůDŽŶŝƚŽƌŝŶŐdƌĂĸĐŽƵŶƚƐ .............................................................................90 Table 19 Daily Vehicle Trip Summary ........................................................................................... ....97 Table 20 sŝďƌĂƟŽŶ>ĞǀĞůƐDĞĂƐƵƌĞĚĚƵƌŝŶŐŽŶƐƚƌƵĐƟŽŶĐƟǀŝƟĞƐ ...............................................97 Table 21 WƌŽũĞĐƚŽŶƐŝƐƚĞŶĐLJǁŝƚŚWĂůŵĚĂůĞŝƌĐƵůĂƟŽŶ^LJƐƚĞŵWůĂŶƐ .........................................108 Table 22 EŽƌŵĂůzĞĂƌtĂƚĞƌ^ƵƉƉůLJĂŶĚĞŵĂŶĚŽŵƉĂƌŝƐŽŶ;ĂĐƌĞ-ĨĞĞƚƉĞƌLJĞĂƌ&zͿ ..........115 Table 23 ^ŝŶŐůĞĂŶĚDƵůƟƉůĞƌLJzĞĂƌtĂƚĞƌ^ƵƉƉůLJĂŶĚĞŵĂŶĚŽŵƉĂƌŝƐŽŶ;&zͿ .................116 Figures
Figure 1 Vicinity Map ......................................................................................................... ............... 3 Figure 2 WƌŽũĞĐƚ>ŽĐĂƟŽŶ .................................................................................................................. 4 Figure 3 dĞŶƚĂƟǀĞdƌĂĐƚDĂƉ ............................................................................................................. 5 Figure 4 EŽŝƐĞDĞĂƐƵƌĞŵĞŶƚ>ŽĐĂƟŽŶƐ .........................................................................................91 Figure 5 Palmdale General Plan Noise Level Guidance ...................................................................94 Appendices
Appendix A Air Quality and Greenhouse Gas Emissions Study Appendix B Biological Resources Assessment
Appendix C1 Cultural Resources Study
Appendix C2 Paleontological Assessment
Appendix D Fuel Consumption Calculations
Appendix E Geologic and Geotechnical Engineering Investigation Table of Contents
Initial Study – Mitigated Negative Declaration iii
Appendix F Noise and Vibration Study
Appendix G Traffic Signal Warrant Study
Appendix H Vehicle Miles Traveled Analysis
Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
iv
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Initial Study
Initial Study – Mitigated Negative Declaration 1
Initial Study
1. Project Title
Tentative Tract Map 83359
2. Lead Agency Name and Address
City of Palmdale
38300 Sierra Highway
Palmdale, California 93550
3. Contact Person and Phone Number
Brenda Mangaña, Planning Manager
;ϲϲϭͿϮϲϳ-5200
38250 Sierra Highway, Dev. Services Bldg.
4. Project Location
The Tentative Tract Map 83359 Project ;ŚĞƌĞĂĨƚĞƌƌĞĨĞƌred ƚŽĂƐ͞ƉƌŽũĞĐƚ͟Žƌ͞ƉƌŽƉŽƐĞĚƉƌŽũĞĐƚ͟Ϳis immediately adjacent to, and south of, East Palmdale Boulevard between 55th Street and 50th Street East in the City of Palmdale. The 20-acre project site is vacant and identified as Assessor Parcel EƵŵďĞƌ;WEͿϯϬϮϯ-002-184. The relatively flat site gently slopes northward and is dominated by Western Joshua trees and ŽƚŚĞƌǀĞŐĞƚĂƚŝŽŶ;ƌĞĨĞƌƚŽƚŚĞŝŽůŽŐŝĐĂůZĞƐŽƵƌĐĞƐƐƐĞƐƐŵĞŶƚ͕Appendix B͕ĨŽƌĚĞƚĂŝůƐͿ, and disturbed throughout by off-highway-ǀĞŚŝĐůĞ;K,sͿƵƐĞĂŶĚƚƌĂƐŚĚƵŵƉŝŶŐ͘The site is located 4.7 miles east of the intersection of Palmdale Boulevard and Sierra Highway. Figure 1 shows the location of the project site in the region and Figure 2 depicts the location of the site in its neighborhood context. Figure 3 depicts the extent of the tentative tract map study area.
5. Project Sponsor’s Name and Address
Maison’s Palmdale Boulevard 150, LLC
2007 Cedar Avenue
Manhattan Beach, California 90266
Contact: Kevin Harbison
6. General Plan Designation
The project site has a General Plan land use designation of Single Family Residential 3 ;^&Z ϯͿ͘dŚŝƐ designation allows for detached single-family subdivisions containing the City’s standards 7,000 square foot minimum lot size. This designation allows a maximum density of three to six dwelling units per acre.
Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
2 7. Zoning
The project site is zoned as Single Family Residential ϯ;^&ZϯͿ. The SFR 3 Zone is established for the development of single-family detached dwellings at gross densities from zero to six dwelling units per acre and a minimum lot size of 7,000 square feet.
8. Description of Project
The proposed project would facilitate the development of up to 191-units of single story, single- family homes consisting of three-bedroom housing units, two-bedroom Accessory Dwelling Units and one-bedroom Junior Accessory Dwelling Units that would be offered for rent as a 100 percent affordable project to those qualifying at 30 to 80 percent ƌĞĂDĞĂŶ/ŶĐŽŵĞ;D/ͿĨŽƌ>ŽƐŶŐĞůĞƐ County. The project would also include a recreation center and community amenities on a total of 66 lots. The community would be an all-electric community and each residential unit would be constructed with rooftop solar, energy efficient appliances, and installation of all infrastructure ŝŵƉƌŽǀĞŵĞŶƚƐĂƐĐŽŶĚŝƚŝŽŶĞĚďLJƚŚĞŝƚLJŽĨWĂůŵĚĂůĞǁŝƚŚĂƉƉƌŽǀĂůŽĨdĞŶƚĂƚŝǀĞdƌĂĐƚDĂƉ;ddDͿ ϴϯϯϱϵ͘tŝƚŚŝŶĞĂĐŚůŽƚ͕ƉƌŝŵĂƌLJŚŽŵĞƐ͕ĂĐĐĞƐƐŽƌLJĚǁĞůůŝŶŐƵŶŝƚƐ;hͿ͕ĂŶĚũƵŶŝŽƌhƐǁŽƵůĚďĞ separated by six-foot-tall vinyl fences and would be linked together by a network of walking paths and trails. The entire residential development would be enclosed by a six-foot-tall decorative perimeter block wall, except where existing and newly constructed streets would occur. Table 1, below, details a summary of the proposed project.
The entire community would comply with California Tax Credit Allocation Committee’s requirement ƚŚĂƚĂŵŝŶŝŵƵŵŽĨĨŝĨƚĞĞŶƉĞƌĐĞŶƚ;ϭϱ percentͿŽĨƚŚĞ>Žǁ-Income Units be constructed with mobility features, as defined in ĂůŝĨŽƌŶŝĂƵŝůĚŝŶŐŽĚĞ;CBCͿ 11B 809.2 through 11B 809.4, and a ŵŝŶŝŵƵŵŽĨƚĞŶƉĞƌĐĞŶƚ;ϭϬ percentͿŽĨƚŚĞ>Žǁ-Income Units be constructed with communications features, as defined in CBC 11B 809.5. These units shall, to the maximum extent feasible and subject to reasonable health and safety requirements, be distributed throughout the project consistent with 24 CFR Section 8.26.
Indoor community amenities include a community building with a tenant lounge, office spaces, and a fitness center. Outdoor amenities include a pool, spa, grill area, pocket community park, children’s play area, and additional community open spaces. Additionally, a community trail network is planned to link the neighborhood and provide additional open spaces and parks for the community to utilize. Monumentation signage for the community would be installed along Palmdale Boulevard.
Streets that would be constructed within the project site and would link the community to East Palmdale Boulevard to the north as well as the existing residential projects to both the east and west of the project. All public rights-of-way would be constructed to the width shown on the TTM and would include road, sidewalks, and curbs and gutters. Americans with Disabilities AĐƚ;Ϳ curb ramps, appropriate street signage, fire hydrants, and streetlights would also be installed for each street both inside and outside of the development.
Initial Study
Initial Study – Mitigated Negative Declaration 3
Figure 1 Vicinity Map
Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
4 Figure 2 Project Location
Initial Study
Initial Study – Mitigated Negative Declaration 5
Figure 3 Tentative Tract Map
Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
6 Table 1 Project Summary
Lot Size
Lots 1-7, 9-43, 45-ϲϲ;ZĞƐŝĚĞŶƚŝĂůhŶŝƚƐͿ Range from 7,000 sf to 17,174 sf >Žƚϴ;ƌĂŝŶĂŐĞĂƐŝŶͿ 16,829 sf
Lot 4ϰ;ŽŵŵŽŶƌĞĂͿ 35,012 sf
Lot Components
Main Residential Unit
ƵŝůĚŝŶŐƌĞĂ;EĞƚͿ Range from 1,145 sf – to 1,226 sf
'ĂƌĂŐĞƌĞĂ;EĞƚͿ 440 sf
sensiJunior ADU 496 sf
Front Patio Range from 88 sf to 90 sf
Construction
Construction activities would include site preparation, grading, building construction, asphalt paving, and architectural coating. Construction of the proposed project is anticipated to occur over an approximately one and a half-year ;ϭϴŵŽŶƚŚͿperiod beginning in Summer of 2024 and construction will occur for approximately 14 to 15 months.
Construction would occur Monday through Saturday between the hours of 6:30 a.m. and 8:00 p.m. and must receive written permission from the City Engineer to perform such work as construction, repair, excavation, or earth moving work pursuant to the Palmdale DƵŶŝĐŝƉĂůŽĚĞ;PDͿ Chapter 8.28 ;ƵŝůĚŝŶŐŽŶƐƚƌƵĐƚŝŽŶ,ŽƵƌƐŽĨKƉĞƌĂƚŝŽŶĂŶĚEŽŝƐĞŽŶƚƌŽůͿ͘
9. Surrounding Land Uses and Setting
The project site is in an urban area designated as SFR 3 and is surrounded by single-family residential neighborhoods off Palmdale Boulevard to the west and south. The parcel immediate to the east of the project site is currently vacant. To the north of the project site, there is vacant land designated as Residential Neighborhood 2 and 3.
10. Required Approvals
The proposed project would require approval of a Tentative Tract Map, Design Review approval, and approval of this Initial Study-Mitigated Negative Declaration ;/^-DEͿ by the City of Palmdale. In addition to approvals from the City of Palmdale, an approval from the California Tax Credit Allocation Committee for State tax credits is required.
Initial Study
Initial Study – Mitigated Negative Declaration 7
11. Have California Native American Tribes Traditionally and Culturally Affiliated with the Project Area
Requested Consultation Pursuant to Public Resources
Code Section 21080.3.1?
[The Tribal Consultation summary will be provided when the project application is submitted and the City begins the government-to-government consultation process under AB 52]
Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
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Environmental Factors Potentially Affected
Initial Study – Mitigated Negative Declaration 9
Environmental Factors Potentially Affected
This project would potentially affect the environmental factors checked below, involving at least one impact that is “Potentially Significant” or “Less than Significant with Mitigation Incorporated” as indicated by the checklist on the following pages.
Ƒ Aesthetics ප Agriculture and
Forestry Resources
Ƒ Air Quality
Ŷ Biological Resources Ŷ Cultural Resources ප Energy
Ŷ Geology/Soils Ŷ Greenhouse Gas
Emissions
ප Hazards & Hazardous
Materials
ප Hydrology/Water Quality ප Land Use/Planning ප Mineral Resources ප Noise Ŷ Population/Housing Ŷ Public Services
ප Recreation ප Transportation ප Tribal Cultural Resources ප Utilities/Service Systems ප Wildfire ප Mandatory Findings of Significance
Determination
Based on this initial evaluation:
Ƒ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
Ŷ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
Ƒ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
Ƒ I find that the proposed project MAY have a “potentially significant impact” or “less than significant with mitigation incorporated” impact on the environment, but at least one effect ;ϭͿŚĂƐďĞĞŶĂĚĞƋƵĂƚĞůLJĂŶĂůLJnjĞĚŝŶĂŶĞĂƌůŝĞƌĚŽĐƵŵĞŶƚƉƵƌƐƵĂŶƚƚŽĂƉƉůicable legal ƐƚĂŶĚĂƌĚƐ͕ĂŶĚ;ϮͿŚĂƐďĞĞŶĂĚĚƌĞƐƐĞĚďLJŵŝƚŝŐĂƚŝŽŶŵĞĂƐƵƌĞƐďĂƐĞĚŽŶƚŚĞĞĂƌůŝĞƌĂŶĂůLJƐŝƐ as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
10 Ƒ I find that although the proposed project could have a significant effect on the environment, ďĞĐĂƵƐĞĂůůƉŽƚĞŶƚŝĂůƐŝŐŶŝĨŝĐĂŶƚĞĨĨĞĐƚƐ;ĂͿŚĂǀĞďĞĞŶĂŶĂůLJnjĞĚĂĚĞƋƵĂƚĞůLJŝŶĂŶĞĂƌůŝĞƌ /Z
ŽƌE
'd/s
>Zd/KEƉƵƌƐƵĂŶƚƚŽĂƉƉůŝĐĂďůĞƐƚĂŶĚĂƌĚƐ͕ĂŶĚ;ďͿŚĂve been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
Signature Date
Brenda Mangaña Planning Manager
Printed Name Title
Environmental Checklist
Aesthetics
Initial Study – Mitigated Negative Declaration 11
Environmental Checklist
1 Aesthetics
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Except as provided in Public Resources Code
Section 21099, would the project:
a. Have a substantial adverse effect on a
scenic vista? Ƒ Ƒ Ŷ Ƒ
b. Substantially damage scenic resources,
including but not limited to, trees, rock
outcroppings, and historic buildings
within a state scenic highway?
Ƒ Ƒ Ŷ Ƒ
c. In non-urbanized areas, substantially
degrade the existing visual character or
quality of public views of the site and its
ƐƵƌƌŽƵŶĚŝŶŐƐ͍;WƵďůŝĐǀŝĞǁƐĂƌĞƚŚŽƐĞ
that are experienced from a publicly
ĂĐĐĞƐƐŝďůĞǀĂŶƚĂŐĞƉŽŝŶƚͿ͘/ĨƚŚĞƉƌŽũĞĐƚŝƐ
in an urbanized area, would the project
conflict with applicable zoning and other
regulations governing scenic quality?
Ƒ Ƒ Ŷ Ƒ
d. Create a new source of substantial light
or glare that would adversely affect
daytime or nighttime views in the area?
Ƒ Ƒ Ŷ Ƒ
A scenic vista is defined as a public viewpoint that provides expansive views of a highly valued landscape for the benefit of the general public. Public views are those that are experienced from a publicly accessible vantage point, such as a roadway or public park. The California Department of dƌĂŶƐƉŽƌƚĂƚŝŽŶ;ĂůƚƌĂŶƐͿŵĂŶĂŐĞƐƚŚĞĂůŝĨŽƌŶŝĂ^ƚĂƚĞ^ĐĞŶŝĐ,ŝŐŚǁĂLJWƌŽŐƌĂŵ͕ǁŚŝĐŚĚĞƐŝŐŶĂƚĞƐ State scenic highways. A scenic highway becomes officially designated when the local governing body applies to and is approved by Caltrans for scenic highway designation and adopts a Corridor Protection Program that preserves the scenic quality of the land that is visible from the highway right of ǁĂLJ;Caltrans 2022Ϳ.
The City of Palmdale Planning Area encompasses approximately 174 square miles within a transitional area between the foothills of the San Gabriel and Sierra Pelona Mountains and the DŽũĂǀĞĞƐĞƌƚƚŽƚŚĞŶŽƌƚŚĂŶĚĞĂƐƚ;ŝƚLJŽĨPalmdale 2022aͿ. Across the Antelope Valley, elevations range from 500 to 900 feet. The high desert lies on the north side of the San Gabriel Mountains with elevations ranging between 2,500 and 3,000 feet. The project site is in a highly urbanized area that includes residential uses.
Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
12 a. Would the project have a substantial adverse effect on a scenic vista? A scenic vista is usually defined as a panoramic view from an elevated position or a long-range view from a public vantage point. While the City of Palmdale General Plan does not identify any specific scenic vistas in the city, General Plan Policy Land Use and Community DĞƐŝŐŶ;LUDͿ 5.7 aims for the protection and enhancement of the city’s scenic vistas and limit development in areas with high scenic value ;City of Palmdale 2022aͿ͘In addition, the proposed project does not occur along a view corridor identified in the City’s General Plan. Long range views of hillsides surrounding Antelope Valley, such as those near Angeles National Forest, are visible from the project site. PMC Section 17.36.010 ;Development Standards – Residential ZonesͿrequires that buildings within an area zoned SFR 3 shall not exceed two stories or 35 feet in height, except when permitted by a conditional use permit. Given the distance between the surrounding hillsides and the project site, and that the proposed residences would not exceed two stories in height, the project would not result in impacts to the scenic quality of hillsides in the city. Impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
b. Would the project substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? The nearest designated State ƐĐĞŶŝĐŚŝŐŚǁĂLJŝƐ^ƚĂƚĞZŽƵƚĞϮ;^Z-ϮͿůŽĐĂƚĞĚŽǀĞƌϭϲŵŝůĞƐƐŽƵƚŚŽĨ ƚŚĞƉƌŽũĞĐƚƐŝƚĞ;ĂůƚƌĂŶƐϮϬϭϵͿ͘dŚĞŶĞĂƌĞƐƚĞůŝŐŝďůĞƐƚĂƚĞƐĐĞŶŝĐŚŝŐŚǁĂLJŝƐ^ƚĂƚĞZŽƵƚĞϱϴ;^ZϱϴͿ located approximately 30 miles north of the project site. Therefore, no officially designated or eligible State scenic highways are near the project site, and the project site does not contain any trees, rock outcroppings, or historic buildings that would be impacted by the proposed project.
Therefore, impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
c. Would the project, in non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from a publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
The General Plan land use designation of the project site is Single Family Residential ;SFR 3Ϳ consistent with the SFR 3 zone in the zoning code. Land uses surrounding the project site are similarly zoned as SFR 3. Residences surround the project site to the west, south, and east. Land to the north of the project site is designated as Other Jurisdiction. Thus, the proposed project would be consistent with the current zoning and land uses within the area.
Construction of the proposed project would replace the vacant parcel and utilize building materials that would complement the aesthetics of the existing residences surrounding the site to the west, south, and east. Additionally, the proposed project would comply with PMC Section 17.36.010 ;Development Standards – Residential ZonesͿ and Section 17.86.010 ;Landscaping RequirementsͿ, which defines the requirements for building design and landscaping on the project site. Compliance with the applicable requirements would maximize the aesthetic quality of the proposed project.
While the proposed project would result in visual impacts during construction due to the presence of equipment, vehicles, construction fencing, signage, and lighting, these impacts would be temporary and limited to the construction phase only. Once fully built, the proposed project would result in the permanent impact to the visual character of the project area with the presence of Environmental Checklist
Aesthetics
Initial Study – Mitigated Negative Declaration 13
single-story, single-family homes. As discussed above, the height of the proposed development would be within the height restrictions defined by the PMC Section 17.36.010 ;Development Standards – Residential ZonesͿ. In addition, the proposed project would include construction best ŵĂŶĂŐĞŵĞŶƚƉƌĂĐƚŝĐĞƐ;DWƐͿŝŶĐůƵĚŝŶŐďƵƚŶŽƚůŝŵŝƚĞĚƚŽƉƌŽƉĞƌƐƚŽƌĂŐĞŽĨĞƋƵŝƉŵĞŶƚ͕ƉƌŽũĞĐƚƐŝƚĞ maintenance, dust control measures, and limiting hours of construction within the hours mandated by PMC Section 8.28.030 ;Construction Noise Prohibited in Residential ZonesͿ. Permanent impacts would include the presence of new development on a currently vacant site. The proposed project is located in an urbanized area and the surroundings are fully developed with residential buildings.
In addition, the Land Use and Community Design Element of the City General Plan includes policies regarding the maintenance of community design and character. Some of those policies include, but are not limited to, the following ;ŝƚLJŽĨWĂůŵĚĂůĞ2022aͿ͗ Goal LUD-4: High-quality architecture and site design in the renovation and construction of all buildings.
Policy LUD-4.5: Use visual and physical design cues within the design of a building and within building entries to emphasize the building entrance and connections to public spaces and public pathways/networks.
Policy LUD-4.7: Allow iconic and memorable building designs, particularly on larger nonresidential properties.
Policy LUD-4.8: Design sites and buildings adjacent to natural areas with transparent design elements. Employ bird-safe design near habitat areas or migratory routes.
Goal LUD-6: Pedestrian-oriented, human-scale and well-landscaped streets and civic spaces.
Policy LUD-6.3: For construction of new small-scale housing and minor subdivision projects, design site plans that provide amenities and integrated networks for walking and bicycling.
Policy LUD-6.4: Improve existing parks and public spaces throughout the city to provide beautiful, comfortable, and inviting gathering spaces.
The proposed project complies with Policy LUD-6.3 by ensuring that the streets constructed within the project site would link the community to East Palmdale Boulevard to the north as well as the existing residential projects to both the east and west of the project. In addition, the project would maintain the community’s aesthetic by following the design standards outlined in PMC Section 17.36.010 ;Development Standards – Residential ZonesͿ. The project would contain single- family residences, similar to areas surrounding the project site. Thus, the proposed project would be compatible with the surrounding neighborhoods and consistent with land uses in the area.
In
addition, the proposed project would be consistent with the General Plan and building heights would be compatible with heights allowed in the surrounding area. Therefore, implementation of the proposed project would result in a less-than-significant impact associated with visual character and scenic quality.
LESS THAN SIGNIFICANT IMPACT
Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
14 d. Would the project create a new source of substantial light or glare that would adversely affect daytime or nighttime views in the area?
The proposed project would add temporary and permanent lighting to the project area. During construction, the project would include temporary construction lighting for areas requiring additional lighting. The project would limit construction hours within the PMC Section 8.28.030 ;ŽŶƐƚƌƵĐƚŝŽŶEŽŝƐĞWƌŽŚŝďŝƚĞĚŝŶZĞƐŝĚĞŶƚŝĂůŽŶĞƐͿ requirement where construction activities are prohibited between 8:00 p.m. to 6:30 a.m. Other additional lighting sources would come from vehicles and other large operating equipment. Once operational, permanent lighting sources would primarily be from outdoor lighting necessary to ensure safety and additional vehicle lights.
Lighting associated with the proposed project would be required to comply with PMC Section 17.86.030 ;Outdoor LightingͿ, which requires consistent illumination levels with the character and use surrounding of the surrounding development; excessive illumination is prohibited. Additionally, exterior lighting would be required to be located and designed to minimize glare beyond the proposed project site. Glare onto the adjacent properties would be minimized using down casting, cut-off type fixtures, as necessary, that are shielded and would direct lights towards the specific areas needing illumination. For areas that are located near residents, the lowest allowable lighting levels would be used.
Compliance with the PMC would help to mitigate the effects of permanent light and glare induced by the proposed project. Therefore, implementation of the proposed project would result in a less than significant impact.
LESS THAN SIGNIFICANT IMPACT
Environmental Checklist
Agriculture and Forestry Resources
Initial Study – Mitigated Negative Declaration 15
2 Agriculture and Forestry Resources
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
/ŵƉŽƌƚĂŶĐĞ;&ĂƌŵůĂŶĚͿ͕ĂƐƐŚŽǁŶŽŶ
maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the
California Resources Agency, to non-
agricultural use?
Ƒ Ƒ Ŷ Ƒ
b. Conflict with existing zoning for
agricultural use or a Williamson Act
contract? Ƒ Ƒ Ƒ Ŷ
c. Conflict with existing zoning for, or cause
ƌĞnjŽŶŝŶŐŽĨ͕ĨŽƌĞƐƚůĂŶĚ;ĂƐĚĞĨŝŶĞĚŝŶ
WƵďůŝĐZĞƐŽƵƌĐĞƐŽĚĞ^ĞĐƚŝŽŶϭϮϮϮϬ;ŐͿͿ͖
ƚŝŵďĞƌůĂŶĚ;ĂƐĚĞĨŝŶĞĚďLJWƵďůŝĐ
ZĞƐŽƵƌĐĞƐŽĚĞ^ĞĐƚŝŽŶϰϱϮϲͿ͖Žƌ
timberland zoned Timberland Production
;ĂƐĚĞĨŝŶĞĚďLJ'ŽǀĞƌŶŵĞŶƚŽĚĞ^ĞĐƚŝŽŶ
5ϭϭϬϰ;ŐͿͿ͍
Ƒ Ƒ Ƒ Ŷ
d. Result in the loss of forest land or
conversion of forest land to non-forest
use? Ƒ Ƒ Ƒ Ŷ
e. Involve other changes in the existing
environment which, due to their location
or nature, could result in conversion of
Farmland to non-agricultural use or
conversion of forest land to non-forest
use?
Ƒ Ƒ Ƒ Ŷ
a. Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? The California Department of Conservation ;KͿ, Division of Land Resource Protection, Farmland DĂƉƉŝŶŐĂŶĚDŽŶŝƚŽƌŝŶŐWƌŽŐƌĂŵ;&DDWͿ͕ƚƌĂĐŬƐĂŶĚĐĂƚĞŐŽƌŝnjĞƐůĂŶĚǁŝƚŚƌĞƐƉĞĐƚƚŽĂŐƌŝĐƵůƚƵƌĂů resources. Land is designated as one of the following and each has a specific definition: Prime Farmland, Farmland of Statewide Importance, Unique Farmland, Farmland of Local Importance, Grazing Land, Urban Built-Up Land, and Other Land.
Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
16 According to the DOC California Important Farmland Finder, the project site is classified as Other >ĂŶĚ;KϮϬϭϲͿ͘KƚŚĞƌ>ĂŶĚŝƐĚĞĨŝŶĞĚĂƐůĂŶĚŶŽƚŝŶĐůƵĚĞĚŝŶĂŶLJŽƚŚĞƌŵĂƉƉŝŶŐƚĞƌƌŝƚŽƌLJ͘KĨƚĞŶ times, this area can include rural residential land, vacant or disturbed land, semi-agricultural, and rural commercial land ;KϮϬϭϵͿ. For the proposed project, the project site would be considered vacant and disturbed land. Areas to the west, south, and east are all classified as Urban and Built-Up Land. Thus, the proposed project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to a non-agricultural use. Impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
b. Would the project conflict with existing zoning for agricultural use or a Williamson Act contract?
c. Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)); timberland (as defined by Public Resources Code Section 4526); or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))?
d. Would the project result in the loss of forest land or conversion of forest land to non-forest use? e. Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use?
The current zoning of SFR 3. dŚŝƐĚĞƐŝŐŶĂƚŝŽŶǁŽƵůĚďĞĐŽŶƐŝƐƚĞŶƚǁŝƚŚƚŚĞ^&Z;^ŝŶŐůĞ&ĂŵŝůLJ ZĞƐŝĚĞŶƚŝĂůͿ'ĞŶĞƌĂůWůĂŶ>ĂŶĚhƐĞĚĞƐŝŐŶĂƚŝŽŶƐ͘ The project site is not associated with a Williamson Act contract. No agricultural use is present on the project site or within the vicinity of the project.
The proposed project would not impact any agricultural uses. In addition, there are no forests or timberlands located within the City of Palmdale. Therefore, the proposed project would not cause the loss of forest land or conversion of forest to non-forest land. Therefore, no impact would occur.
NO IMPACT
Environmental Checklist
Air Quality
Initial Study – Mitigated Negative Declaration 17
3 Air Quality
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Conflict with or obstruct implementation
of the applicable air quality plan? Ƒ Ƒ Ŷ Ƒ
b. Result in a cumulatively considerable net
increase of any criteria pollutant for
which the project region is non-
attainment under an applicable federal
or state ambient air quality standard?
Ƒ Ƒ Ŷ Ƒ
c. Expose sensitive receptors to substantial
pollutant concentrations? Ƒ Ƒ Ŷ Ƒ
d. ZĞƐƵůƚŝŶŽƚŚĞƌĞŵŝƐƐŝŽŶƐ;ƐƵĐŚĂƐƚŚŽƐĞ
ůĞĂĚŝŶŐƚŽŽĚŽƌƐͿĂĚǀĞƌƐĞůLJĂĨĨĞĐƚŝŶŐĂ
substantial number of people?
Ƒ Ƒ Ŷ Ƒ
dŚĞƉƌŽũĞĐƚƐŝƚĞŝƐǁŝƚŚŝŶƚŚĞDŽũĂǀĞĞƐĞƌƚŝƌĂƐŝŶ;DͿ͕ĂŶŝŶůĂŶĚƌĞŐŝŽŶŝŶƐŽƵƚŚĞƌŶ California that includes the desert portions of northwestern Los Angeles County, eastern Kern County, northeastern Riverside County, and San Bernardino County. The region is closed off from southern coast of California and central California by mountain ranges with the Sierra Nevada Mountains to the north, the Tehachapi Mountains to the northwest, and the San Gabriel and San Bernardino Mountains to the south. The Sonoran Desert borders the eastern and southern portions of the MDAB. The regional climate in the MDAB is dry-host desert climate characterized by little cloud formation, daytime solar heating, and infrequent precipitation. The air quality within the MDAB is primarily influenced by meteorology, topography, and a wide range of emission sources, such as dense population centers, substantial vehicular traffic, and industry. The Antelope Valley Air Quality Management District ;AVYDͿŵŽŶŝƚŽƌƐĂŶĚƌĞŐƵůĂƚĞƐůŽĐĂůair quality in the eastern ƉŽƌƚŝŽŶŽĨƚŚĞD͕ǁŚŝĐŚŝŶĐůƵĚĞƐƚŚĞĐŝƚŝĞƐŽĨ>ĂŶĐĂƐƚĞƌĂŶĚWĂůŵĚĂůĞ;sYDϮϬϮϮĂͿ͘ Air Quality Regulations
Federal Air Quality Regulations
Ambient Air Quality Standards represent the maximum levels of background pollution considered safe, with an adequate margin of safety, to protect the public health and welfare. The federal Clean ŝƌĐƚ;ͿǁĂƐĞŶĂĐƚĞĚŝŶϭϵϳϬĂŶĚĂŵĞŶĚĞĚŝŶϭϵϳϳĂŶĚϭϵϵϬϰϮhŶŝƚĞĚ^ƚĂƚĞƐŽĚĞ;h^Ϳ 7401] for the purposes of protecting and enhancing the quality of the nation’s air resources to benefit public health, welfare, and productivity.
dŚĞh͘^͘
ŶǀŝƌŽŶŵĞŶƚĂůWƌŽƚĞĐƚŝŽŶŐĞŶĐLJ;h^
WͿŚĂƐƐĞƚƉƌŝŵĂƌLJĂŶĚƐĞĐŽŶĚĂƌLJEĂƚŝŽŶĂůŵďŝĞŶƚ
ŝƌYƵĂůŝƚLJ^ƚĂŶĚĂƌĚƐ;EY^ͿĨŽƌŽnjŽŶĞ͕ĐĂƌďŽŶŵŽŶŽdžŝĚĞ;KͿ͕ŶŝƚƌŽŐĞŶĚŝŽdžŝĚĞ;EK 2Ϳ͕ƐƵůĨƵƌ
Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
18 ĚŝŽdžŝĚĞ;^K2Ϳ͕ƉĂƌƚŝĐƵůĂƚĞŵĂƚƚĞƌǁŝƚŚĂĚŝĂŵĞƚĞƌŽĨƵƉƚŽƚĞŶŵŝĐƌŽŶƐ;WD10ͿĂŶĚƵƉƚŽϮ͘ϱ microns ;WD2.5Ϳ͕ĂŶĚůĞĂĚ;WďͿ͘WƌŝŵĂƌLJƐƚĂŶĚĂƌĚƐĂƌĞƚŚŽƐĞůĞǀĞůƐŽĨĂŝƌƋƵĂůŝƚLJĚĞĞŵĞĚŶĞĐĞƐƐĂƌLJ͕ǁŝƚŚĂŶ adequate margin of safety, to protect public health. Table 2 lists the current federal and State standards for regulated pollutants.
Table 2 Federal and State Ambient Air Quality Standards Pollutant Averaging Time Federal Primary Standards California Standard Ozone 1-Hour 0.09 ppm
8-Hour 0.070 ppm 0.070 ppm
Carbon Monoxide 8-Hour 9.00 ppm 9.00 ppm
1-Hour 35.00 ppm 20.00 ppm
Nitrogen Dioxide Annual 0.053 ppm 0.030 ppm
1-Hour 0.100 ppm 0.180 ppm
Sulfur Dioxide Annual 0.030 ppm
24-Hour 0.14 ppm 0.04 ppm
1-Hour 0.075 ppm 0.25 ppm
PM10 Annual 20 μg/m3
24-Hour 150 μg/m3 50 μg/m3
PM25 Annual 12 μg/m3 12 μg/m3
24-Hour 35 μg/m3
Lead 30-Day Average 1.5 μg/m3
3-Month Average 0.15 μg/m3
ppm = parts per million; μg/m3 = micrograms per cubic meter Source: CARB 2016
State Air Quality Regulations
CALIFORNIA AMBIENT AIR QUALITY STANDARDS
dŚĞĂůŝĨŽƌŶŝĂůĞĂŶŝƌĐƚ;ͿǁĂƐĞŶĂĐƚĞĚŝŶϭϵϴϴ;ĂůŝĨŽƌŶŝĂ,ĞĂůƚŚΘ^ĂĨĞƚLJŽĚĞ Section ϯϵϬϬϬĞƚƐĞƋ͘Ϳ͘tŚŝůĞh^
WŝƐƚŚĞĨĞĚĞƌĂůĂŐĞŶĐLJĚĞƐŝŐŶĂƚĞĚƚŽĂĚŵŝŶŝƐƚĞƌĂŝƌƋƵĂůŝƚLJ ƌĞŐƵůĂƚŝŽŶ͕ƚŚĞĂůŝĨŽƌŶŝĂŝƌZĞƐŽƵƌĐĞƐŽĂƌĚ;ZͿŝƐƚŚĞState equivalent in the California
ŶǀŝƌŽŶŵĞŶƚĂůWƌŽƚĞĐƚŝŽŶŐĞŶĐLJ;Ăů
WͿ͘hŶĚĞƌƚŚĞƚŚĞ^ƚĂƚĞŚĂƐĚĞǀĞůŽƉĞĚƚŚĞĂůŝĨŽƌŶŝĂ ŵďŝĞŶƚŝƌYƵĂůŝƚLJ^ƚĂŶĚĂƌĚƐ;Y^Ϳ͕ǁŚŝĐŚĂƌĞŐĞŶĞƌĂůůLJŵŽƌĞƐƚƌŝŶŐĞŶƚƚŚĂŶƚŚĞEY^͘ Table 2 lists the current State standards for regulated pollutants. In addition to the federal criteria pollutants, the CAAQS also specify standards for visibility-reducing particles, sulfates, hydrogen sulfide, and vinyl chloride. Like the federal CAA, the CCAA classifies specific geographic areas as either “attainment” or “nonattainment” areas for each pollutant, based on the comparison of measured data within the CAAQS.
California is divided geographically into 15 air basins for managing the air resources of the State on a regional basis. Areas within each air basin are considered to share the same air masses and, therefore, are expected to have similar ambient air quality. If an air basin is not in either federal or State attainment for a criteria pollutant, the basin is classified as a nonattainment area for that pollutant. Under the CAA, once a nonattainment area has achieved the air quality standards for a criteria pollutant, it may be re-designated to an attainment area for that pollutant. To be re- Environmental Checklist
Air Quality
Initial Study – Mitigated Negative Declaration 19
designated, the area must meet air quality standards and have a 10-year plan for continuing to meet and maintain air quality standards, as well as satisfy other requirements of the federal CAA. Areas that have been re-designated to attainment are called maintenance areas.
The MDAB is designated a nonattainment area for the federal and State eight-hour ozone standards, State one-hour ozone standards, and for State PM10 standards. The AVAQMD portion of the MDAB ŝƐĚĞƐŝŐŶĂƚĞĚƵŶĐůĂƐƐŝĨŝĂďůĞŽƌŝŶĂƚƚĂŝŶŵĞŶƚĨŽƌĂůůŽƚŚĞƌĨĞĚĞƌĂůĂŶĚ^ƚĂƚĞƐƚĂŶĚĂƌĚƐ;sYD ϮϬϮϮďͿ͘
TOXIC AIR CONTAMINANTS
ƚŽdžŝĐĂŝƌĐŽŶƚĂŵŝŶĂŶƚ;dͿŝƐĂŶĂŝƌƉŽůůƵƚĂŶƚƚŚĂƚŵĂLJĐĂƵƐĞŽƌĐŽŶƚƌŝďƵƚĞƚŽĂŶŝŶĐƌĞĂƐĞŝŶ mortality or serious illness, or which may pose a present or potential hazard to human health. TACs may result in long-term health effects such as cancer, birth defects, neurological damage, asthma, or genetic damage, or short-term acute effects such as eye watering, respiratory irritation, runny nose, throat pain, and headaches. TACs are considered either carcinogenic or non-carcinogenic based on the nature of the health effects associated with exposure. For carcinogenic TACs, potential health impacts are evaluated in terms of overall relative risk expressed as excess cancer cases per one million exposed individuals. Non-carcinogenic TACs differ in that there is generally assumed to be a safe level of exposure below which no negative health impact is believed to occur. These levels are determined on a pollutant-by-pollutant basis.
TACs include both organic and inorganic chemical substances. One of the main sources of TACs in California is diesel engines that emit exhaust containing solid material known as diesel particulate ŵĂƚƚĞƌ;WDͿ͖ŚŽǁĞǀĞƌ͕dƐŵĂLJďĞĞŵŝƚƚĞĚĨƌŽŵĂǀĂƌŝĞƚLJŽf common sources, including gasoline stations, motor vehicles, dry cleaners, industrial operations, painting operations, and research and teaching facilities. TACs commonly associated with gasoline dispensing stations include the organic compounds of benzene, toluene, and xylene. Benzene is a known human carcinogen and can result in short-term acute and long-ƚĞƌŵĐŚƌŽŶŝĐŚĞĂůƚŚŝŵƉĂĐƚƐ;h^ WŶ͘Ě͘Ϳ͘
In 1983, the California Legislature enacted a program to identify the health effects of TACs and to ƌĞĚƵĐĞĞdžƉŽƐƵƌĞƚŽƚŚĞƐĞĐŽŶƚĂŵŝŶĂŶƚƐƚŽƉƌŽƚĞĐƚƚŚĞƉƵďůŝĐŚĞĂůƚŚ;ƐƐĞŵďůLJŝůů 1807: Health and Safety Code Sections 39650–ϯϵϲϳϰͿ͘dŚĞ>ĞŐŝƐůĂƚƵƌĞĞstablished a two-step process to address ƚŚĞƉŽƚĞŶƚŝĂůŚĞĂůƚŚĞĨĨĞĐƚƐĨƌŽŵdƐ͘dŚĞĨŝƌƐƚƐƚĞƉŝƐƚŚĞƌŝƐŬĂƐƐĞƐƐŵĞŶƚ;ŽƌŝĚĞŶƚŝĨŝĐĂƚŝŽŶͿƉŚĂƐĞ͘ dŚĞƐĞĐŽŶĚƐƚĞƉŝƐƚŚĞƌŝƐŬŵĂŶĂŐĞŵĞŶƚ;ŽƌĐŽŶƚƌŽůͿƉŚĂƐĞŽĨƚŚĞƉƌŽĐĞƐƐ͘ The California Air Toxics Program establishes the process for the identification and control of TACs and includes provisions to make the public aware of significant toxic exposures and for reducing risk.
Additionally, the Air Toxics "Hot Spots" Information ĂŶĚƐƐĞƐƐŵĞŶƚĐƚ;Ϯϱϴϴ͕ϭϵϴϳ͕ŽŶŶĞůůLJ ŝůůͿǁĂƐĞŶĂĐƚĞĚŝŶϭϵϴϳĂŶĚƌĞƋƵŝƌĞƐƐƚĂƚŝŽŶĂƌLJƐŽƵƌĐĞƐƚŽƌĞƉŽƌƚƚŚĞƚLJƉĞƐĂŶĚƋƵĂŶƚŝƚŝĞƐŽĨ certain substances routinely released into the air. The goals of the Air Toxics "Hot Spots" Act are to collect emission data, identify facilities having localized impacts, ascertain health risks, notify nearby residents of significant risks, and reduce those significant risks to acceptable levels. The Children's Environmental Health Protection Act, California Senate Bill ;^ͿϮϱ;ŚĂƉƚĞƌϳϯϭ͕ ƐĐƵƚŝĂ͕^ƚĂƚƵƚĞƐŽĨ
ϭϵϵϵͿ͕ĨŽĐƵƐĞƐŽŶĐŚŝůĚƌĞŶΖƐĞdžƉŽƐƵƌĞƚŽĂŝƌƉŽůůƵƚĂŶƚƐ͘dŚĞĂĐƚƌĞƋƵŝƌĞƐZƚŽƌĞǀŝĞǁŝƚƐĂŝƌ quality standards from a children's health perspective, evaluate the statewide air quality monitoring network, and develop any additional air toxic control measures needed to protect children's health.
Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
20 STATE IMPLEMENTATION PLAN
The federal CAA Amendments mandate that states submit and implement a State Implementation WůĂŶ;^/WͿĨŽƌĂƌĞĂƐŶŽƚŵĞĞƚŝŶŐĂŝƌƋƵĂůŝƚLJƐƚĂŶĚĂƌĚƐ͘dŚĞ^/WŝŶĐůƵĚĞƐƉŽůůƵƚŝŽŶĐŽŶƚƌŽůŵĞĂƐƵƌĞƐƚŽ demonstrate how the standards will be met through those measures. The SIP is established by incorporating measures established during the preparation of air quality attainment plans and adopted rules and regulations by each local air district, which are submitted for approval to CARB and the USEPA. The goal of an air quality attainment plan is to reduce pollutant concentrations below the NAAQS through the implementation of air pollutant emissions controls. Local air districts and other agencies, such as the Department of Pesticide Regulation and the Bureau of Automotive Repair, prepare SIP elements and submit them to CARB for review and approval. CARB then forwards SIP revisions to the USEPA for approval and publication in the Federal Register. All of the items included in the California SIP are listed in the Code of FĞĚĞƌĂůZĞŐƵůĂƚŝŽŶƐ;&ZͿĂƚϰϬ CFR 52.220.
As the regional air quality management district, the AVAQMD is responsible for preparing and implementing the portion of the SIP applicable to the portion of the MDAB within its jurisdiction.
The air pollution control district for each county adopts rules, regulations, and programs to attain federal and state air ƋƵĂůŝƚLJƐƚĂŶĚĂƌĚƐĂŶĚĂƉƉƌŽƉƌŝĂƚĞƐŵŽŶĞLJ;ŝŶĐůƵĚŝŶŐƉĞƌŵŝƚĨĞĞƐͿƚŽĂĐŚŝĞǀĞ these objectives.
Local Air Quality Regulations
AVAQMD
OZONE ATTAINMENT PLAN
Under State law, air districts are required to prepare a plan for air quality improvement for pollutants for which the district is in non-compliance. The AVAQMD adopted the Federal 75 parts ƉĞƌďŝůůŝŽŶ;ƉƉďͿKnjŽŶĞƚƚĂŝŶŵĞŶƚWůĂŶĨŽƌƚŚĞtĞƐƚĞƌŶDŽũĂǀĞĞƐĞƌƚEŽŶattainment Area in March 2017 to reach attainment for federal and State standards. The Ozone Attainment Plan incorporates new scientific data and notable regulatory actions that have occurred since adoption of the 2010 Ozone Attainment Plan including the approval of the new federal 8-hour ozone standard ŽĨϬ͘ϬϳϬƉĂƌƚƐƉĞƌŵŝůůŝŽŶ;ƉƉŵͿƚŚĂƚǁĂƐĨŝŶĂůŝnjĞĚŝŶϮϬϭϱ͘dŚĞ&ŝŶĂůϮϬϭϳKnjŽŶĞƚƚĂŝŶŵĞŶƚWůĂŶ addresses several State and federal planning requirements and incorporates new scientific information, primarily in the form of updated emissions inventories, ambient measurements, and ŵĞƚĞŽƌŽůŽŐŝĐĂůĂŝƌƋƵĂůŝƚLJŵŽĚĞůƐ͘dŚĞ^ŽƵƚŚĞƌŶĂůŝĨŽƌŶŝĂƐƐŽĐŝĂƚŝŽŶŽĨ'ŽǀĞƌŶŵĞŶƚƐ͛;^'Ϳ projections for socio-ĞĐŽŶŽŵŝĐĚĂƚĂ;Ğ͘Ő͕͘ƉŽƉƵůĂƚŝŽŶ͕ŚŽƵƐŝŶŐ͕ĞŵƉůŽLJŵĞŶƚďLJŝŶĚƵƐƚƌLJͿĂŶĚ transportation activities from the 2016 Regional Transportation Plan/Sustainable Communities ^ƚƌĂƚĞŐLJ;ϮϬϭϲZdWͬ^^ͿĂƌĞŝŶƚĞŐƌĂƚĞĚŝŶƚŽƚŚĞϮϬϭϳKnjŽŶĞƚƚĂŝŶŵĞŶƚWůĂŶ͘ To minimize potential impacts from project emissions, the AVAQMD implements rules and regulations for emissions that may be generated by various uses and activities. Rules and regulations relevant to the proposed ƉƌŽũĞĐƚŝŶĐůƵĚĞZƵůĞϰϬϯ;&ƵŐŝƚŝǀĞƵƐƚͿ͕ZƵůĞϰϬϮ;EƵŝƐĂŶĐĞͿ͕ĂŶĚZƵůĞϭϭϭϯ;ƌĐŚŝƚĞĐƚƵƌĂů ŽĂƚŝŶŐƐͿ͘
2020-2045
REGIONAL TRANSPORTATION PLAN/SUSTAINABLE COMMUNITIES STRATEGY SCAG is the regional planning agency for Los Angeles, Orange, Ventura, Riverside, San Bernardino, and Imperial Counties. On September 3, 2020, SCAG’s Regional Council formally adopted the 2020- ϮϬϰϱZdWͬ^^;ƚŝƚůĞĚŽŶŶĞĐƚ^ŽĂůͿ͘dŚĞϮϬϮϬ-2045 RTP/SCS builds upon the progress made through implementation of the 2016-2040 RTP/SCS and includes 10 goals focused on promoting economic prosperity, improving mobility, protecting the environment, and supporting Environmental Checklist
Air Quality
Initial Study – Mitigated Negative Declaration 21
healthy/complete communities. The SCS implementation strategies include focusing growth near destinations and mobility options, promoting diverse housing choices, leveraging technology innovations, and supporting implementation of sustainability policies. The SCS establishes a land use vision of center-focused placemaking, concentrating growth in and near Priority Growth Areas, transferring of development rights, urban greening, creating greenbelts and community separators, and implementing regional advance ŵŝƚŝŐĂƚŝŽŶ;SCAG 2020Ϳ͘ The RTP/SCS pertains to air quality because the strategies set forth in the plan would reduce air pollutant emissions from mobile sources.
C
ITY OF PALMDALE GENERAL PLAN
dŚĞŝƚLJŽĨWĂůŵĚĂůĞ'ĞŶĞƌĂůWůĂŶ;ϮϬϮϮͿcontains goals, policies, and strategies for enhancing community character and quality of life, expanding economic development opportunities, managing growth, addressing impacts of climate change, and improving outcomes for public health and sustainability. The General Plan includes numerous goals and policies in the Air Quality Element through which air quality would be improved and project impacts reduced, as follows:
Goal AQ-2: Minimize particulates less than 10 microns in size (PM 10) and minimize activities that
generate dust.
Policy AQ 2-4: Erosion and Dust Control Measures. Require erosion and dust control measures for new construction, including covering soil with straw mats or use of chemical soil and dust binders during site grading, followed by hydroseeding and watering disturbed construction areas as soon as possible after grading to prevent fugitive dust.
Goal AQ-3: Reduction and/or elimination of unnecessary sources of air pollution.
Policy AQ 3-4: Reduce Reactive Organic Gas. ZĞĚƵĐĞƌĞĂĐƚŝǀĞŽƌŐĂŶŝĐŐĂƐ;ZK'ͿĂŶĚ particulate emissions from building materials and construction methods, by promoting the use of nonsolvent-based, high-solid, or water-based coatings, and requiring compliance with all pertinent AVAQMD rules.
Goal AQ-4: Reduce air pollution caused by energy consumption.
Policy AQ 4-2: Energy Conservation. Encourag e energy conservation from all sectors of the community by promoting and/or requiring the use of energy efficient appliances, processes, and equipment, and promoting energy audits and retrofits of existing structures.
Policy AQ 4-3: Recycling. Require local government, Palmdale citizens, and local businesses and industries to recycle, as mandated by state law, and to otherwise recycle to the maximum extent possible in accordance with the requirements of the Palmdale Municipal Code.
Policy AQ 4-4: Solar Energy . Require new developments to minimize obstruction of direct sunlight for solar energy systems on adjacent properties.
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22 Criteria Pollutants
Ozone
KnjŽŶĞŝƐƉƌŽĚƵĐĞĚďLJĂƉŚŽƚŽĐŚĞŵŝĐĂůƌĞĂĐƚŝŽŶ;ƚƌŝŐŐĞƌĞĚďLJƐƵŶůŝŐŚƚͿďĞƚǁĞĞŶŶŝƚƌŽŐĞŶŽdžŝĚĞƐ ;EKXͿĂŶĚƌĞĂĐƚŝǀĞŽƌŐĂŶŝĐŐĂƐĞƐ1 ;ZK'Ϳ͘EKX are formed during the combustion of fuels, while ROG are formed during combustion and evaporation of organic solvents. Because ozone requires sunlight to form, it usually occurs in substantial concentrations between the months of April and October.
Ozone is a pungent, colorless, toxic gas with direct health effects on humans including respiratory and eye irritation and possible changes in lung functions. Groups most sensitive to ozone include children, the elderly, people with respiratory disorders, and people who exercise strenuously outdoors.
Carbon Monoxide
CO is a local pollutant produced by the incomplete combustion of carbon-containing fuels, such as gasoline, natural gas, oil, coal, and wood. The primary source of CO, a colorless, odorless, poisonous gas, is automobile traffic. Therefore, elevated concentrations are usually found near areas of high traffic volumes. The health effects from CO are related to its affinity for hemoglobin in the blood. At high concentrations, CO reduces the amount of oxygen in the blood, causing heart difficulty in people with chronic diseases, reduced lung capacity, and impaired mental abilities.
Sulfur Dioxide
SO
2 is a combustion product, with the primary source being power plants and heavy industries that use coal or oil as fuel. SO2 is also a product of diesel engine combustion. The health effects of SO2 include lung disease and breathing problems for people with asthma. SO2 in the atmosphere contributes to the formation of acid rain.
Nitrogen Dioxide
NO2 is a byproduct of fuel combustion, with the primary sources being motor vehicles and industrial boilers and furnaces. The principal form of NO2 ƉƌŽĚƵĐĞĚďLJĐŽŵďƵƐƚŝŽŶŝƐŶŝƚƌŝĐŽdžŝĚĞ;EKͿ͕ďƵƚEK reacts rapidly to form NO2, creating the mixture of NO and NO2 commonly called NOX. NO2 is an acute irritant. A relationship between NO2 and chronic pulmonary fibrosis may exist, and an increase ŝŶďƌŽŶĐŚŝƚŝƐŝŶLJŽƵŶŐĐŚŝůĚƌĞŶĂƚĐŽŶĐĞŶƚƌĂƚŝŽŶƐďĞůŽǁϬ͘ϯƉĂƌƚƐƉĞƌŵŝůůŝŽŶ;ƉƉŵͿŵĂLJŽĐĐƵƌ͘EK2 absorbs blue light, gives a reddish-brown cast to the atmosphere, and reduces visibility. It can also contribute to the formation of ozone/smog and acid rain.
Particulate Matter
Suspended atmospheric PM10 and PM2.5 are comprised of finely divided solids and liquids such as dust, soot, aerosols, fumes, and mists. The characteristics, sources, and potential health effects associated with PM10 and PM2.5 can be different. Major man-made sources of PM10 are agricultural operations, industrial processes, combustion of fossil fuels, construction, demolition operations, and entrainment of road dust into the atmosphere. Natural sources include windblown dust, wildfire
1 KƌŐĂŶŝĐĐŽŵƉŽƵŶĚƉƌĞĐƵƌƐŽƌƐŽĨŽnjŽŶĞĂƌĞƌŽƵƚŝŶĞůLJĚĞƐĐƌŝďĞĚďLJƐĞǀĞƌĂůǀĂƌŝĂƚŝŽŶƐŽĨƚŚƌĞĞƚĞƌŵƐ͗ŚLJĚƌŽĐĂƌďŽŶƐ;,Ϳ͕ŽƌŐĂŶŝĐ gases ;K'Ϳ͕ĂŶĚŽƌŐĂŶŝĐĐŽŵƉŽƵŶĚƐ;KͿ͘dŚĞƐĞƚĞƌŵƐĂƌĞŽĨƚĞŶŵŽĚŝĨŝĞĚďLJĂĚũĞĐƚŝǀĞƐƐƵĐŚĂƐƚŽƚĂů͕ƌĞĂĐƚŝǀĞ͕ŽƌǀŽůĂƚŝůĞ͕ĂŶĚƌĞƐult in various acronyms, such as dK';ƚŽƚĂůŽƌŐĂŶŝĐŐĂƐĞƐͿ͕ZK';ƌĞĂĐƚŝǀĞŽƌŐĂŶŝĐŐĂƐĞƐͿ͕ZK;ƌĞĂĐƚŝǀĞŽƌŐĂŶŝĐĐŽŵƉŽƵŶĚƐͿ͕ĂŶĚsK;ǀŽůĂƚŝůĞŽƌŐĂŶŝĐ ĐŽŵƉŽƵŶĚƐͿ͘tŚŝůĞŵŽƐƚŽĨƚŚĞƐĞĚŝĨĨĞƌŝŶƐŽŵĞƐŝŐŶŝĨŝĐĂŶƚǁĂLJĨƌom a chemical perspective, two groups are important from an air quality perspective: non-ƉŚŽƚŽĐŚĞŵŝĐĂůůLJƌĞĂĐƚŝǀĞŝŶƚŚĞůŽǁĞƌĂƚŵŽƐƉŚĞƌĞ͕ŽƌƉŚŽƚŽĐŚĞŵŝĐĂůůLJƌĞĂĐƚŝǀĞŝŶƚŚĞůŽǁĞƌĂƚŵŽƐƉŚĞƌĞ;ZK' ĂŶĚsKͿ͘
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Initial Study – Mitigated Negative Declaration 23
smoke, and sea spray salt. The finer PM2.5 particulates are generally associated with combustion processes as well as formation in the atmosphere as a secondary pollutant through chemical reactions. PM
2.5 is more likely to penetrate deeply into the lungs and poses a serious health threat to all groups, but particularly to the elderly, children, and those with respiratory problems. More than half of the PM2.5 that is inhaled into the lungs remains there, which can cause permanent lung damage. These materials can damage health by interfering with the body’s mechanisms for clearing the respiratory tract or by acting as carriers of an absorbed toxic substance.
Current Air Quality
CARB operates a network of air quality monitoring stations throughout the MDAB. The purpose of the monitoring stations is to measure ambient concentrations of pollutants and determine whether ambient air quality meets the California and federal standards. The monitoring station located closest to the project site is the Lancaster – 43301 Division Street station located approximately eight miles northwest of the project site. This monitoring station measures ozone, NO 2, PM10, and
PM2.5.
Table 3 reports ambient air quality measurements and indicates the number of days that each standard has been exceeded at the Lancaster – 43301 Division Street station. The ambient air quality in the area exceeded the State and Federal 8-hour ozone standard and the Federal PM10 standard in 2020, 2021, and 2022. The area also exceeded the State 1-hour ozone standard in 2020 and 2022 and the Federal PM
10 and PM2.5 standards in 2020 and 2021. The area did not exceed other air quality standards in 2020, 2021, or 2022.
Table 3 Ambient Air Quality at the Monitoring Station
Pollutant 2020 2021 2022
ϴ,ŽƵƌKnjŽŶĞ;ƉƉŵͿ͕ϴ-Hour Average 0.083 0.079 0.082
EƵŵďĞƌŽĨĚĂLJƐĂďŽǀĞ^ƚĂƚĞĂŶĚ&ĞĚĞƌĂůƐƚĂŶĚĂƌĚƐ;хϬ͘ϬϳϬƉƉŵͿ 8 3 33 KnjŽŶĞ;ƉƉŵͿ͕tŽƌƐƚ,ŽƵƌ 0.099 0.086 0.098
EƵŵďĞƌŽĨĚĂLJƐĂďŽǀĞ^ƚĂƚĞƐƚĂŶĚĂƌĚ;хϬ͘ϬϵƉƉŵͿ 4 0 3
EƵŵďĞƌŽĨĚĂLJƐĂďŽǀĞ&ĞĚĞƌĂůƐƚĂŶĚĂƌĚ;хϬ͘ϭϭϮƉƉŵͿ 0 0 0 Nitrogen Dioxide ;ƉƉŵͿ- tŽƌƐƚ,ŽƵƌ;&ĞĚĞƌĂůDĞĂƐƵƌĞŵĞŶƚƐͿ 0.052 0.046 0.044 EƵŵďĞƌŽĨĚĂLJƐĂďŽǀĞ^ƚĂƚĞƐƚĂŶĚĂƌĚ;хϬ͘ϭϴƉƉŵͿ 0 0 0
EƵŵďĞƌŽĨĚĂLJƐĂďŽǀĞ&ĞĚĞƌĂůƐƚĂŶĚĂƌĚ;Ϭ͘ϭϬƉƉŵͿ 0 0 0
Particulate Matter 10 microns, Pg/m3, Worst 24 Hours 192.3 411.2 76.2 EƵŵďĞƌŽĨĚĂLJƐĂďŽǀĞ&ĞĚĞƌĂůƐƚĂŶĚĂƌĚ;хϭϱϬPg/m3Ϳ 1 1 0 Particulate Matter <2.5 microns, Pg/m3, Worst 24 Hours 74.7 35.7 15.1 EƵŵďĞƌŽĨĚĂLJƐĂďŽǀĞ&ĞĚĞƌĂůƐƚĂŶĚĂƌĚ;хϯϱPg/m3Ϳ 9 1 0 Source: CARB 2023
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24 Sensitive Receptors
The term “sensitive receptor” refers to a person in the population who is more susceptible to health effects due to exposure to an air contaminant than the population at large or to a land use that may reasonably be associated with such a person. Examples include residences, schools, playgrounds, childcare centers, churches, athletic facilities, retirement homes, and long-term health care facilities. Sensitive receptors that may be affected by air quality impacts associated with construction and operation of the proposed project include the residents of the single-family developments located adjacent to the western, southern, and eastern project boundaries. There are no other sensitive receptor groups within 1,000 feet of the project site.
Methodology
Criteria pollutant emissions for project construction and operation were calculated using the ĂůŝĨŽƌŶŝĂ
ŵŝƐƐŝŽŶƐ
ƐƚŝŵĂƚŽƌDŽĚĞů;Ăů
DŽĚͿ͕sĞƌƐŝŽŶ2022.1. CalEEMod is a statewide land use
emissions computer model designed to provide a uniform platform for government agencies, land use planners, and environmental professionals to quantify potential criteria pollutant and ŐƌĞĞŶŚŽƵƐĞŐĂƐ;GHGͿ emissions associated with both construction and operations from a variety of land use projects. The model was developed for the California Air Pollution Control Officers ƐƐŽĐŝĂƚŝŽŶ;WKͿŝŶĐŽůůĂďŽƌĂƚŝŽŶǁŝƚŚƚŚĞĂůŝĨŽƌŶŝĂĂŝƌĚŝƐƚƌŝĐƚƐ͘Ăů
DŽĚĂůůŽǁƐĨŽƌƚŚĞƵƐĞ
ŽĨĚĞĨĂƵůƚĚĂƚĂ;Ğ͘Ő͕͘ĞŵŝƐƐŝŽŶĨĂĐƚŽƌƐ͕ƚƌŝƉůĞŶŐƚŚƐ͕ŵĞƚĞŽƌŽůŽŐLJ͕ƐŽƵƌĐĞŝŶǀĞŶƚŽƌLJͿƉƌŽǀŝĚĞĚďLJƚhe various California air districts to account for local requirements and conditions, and/or user-defined inputs. The calculation methodology and input data used in CalEEMod can be found in the Ăů
DŽĚhƐĞƌ͛Ɛ'ƵŝĚĞ;WK2022Ϳ͘dŚĞŝŶƉƵƚĚĂƚĂĂŶĚƐƵďƐĞƋuent construction and operation emission estimates for the proposed project are discussed below. CalEEMod output files for the project are included in ƚŚĞŝƌYƵĂůŝƚLJ'ƌĞĞŶŚŽƵƐĞ'ĂƐ ŵŝƐƐŝŽŶƐ^ƚƵĚLJ;Appendix AͿ.
Construction Emissions
ŽŶƐƚƌƵĐƚŝŽŶŝŶƉƵƚĚĂƚĂĨŽƌĂů
DŽĚŝŶĐůƵĚĞ͕ďƵƚĂƌĞŶŽƚůŝŵŝƚĞĚƚŽ͗;ϭͿƚŚĞĂŶƚŝĐŝƉĂƚĞĚƐƚĂƌƚĂŶĚ ĨŝŶŝƐŚĚĂƚĞƐŽĨĐŽŶƐƚƌƵĐƚŝŽŶĂĐƚŝǀŝƚLJ͖;ϮͿ inventories of construction equipment to be used; and ;ϯͿ areas to be excavated and graded. The analysis assessed maximum daily emissions from individual construction activities, including site preparation, grading, building construction, paving, and architectural coating. Construction would require heavy equipment during demolition, site preparation, grading, building construction, and paving. Construction equipment estimates are based on surveys of construction projects within California conducted by members of CAPCOA. Note that there would be no demolition phase since the existing site is vacant.
Construction emissions were modeled in CalEEMod to occur over 18 months, starting in January 2024 with completion anticipated in July 2025. Although construction would likely begin in summer of 2024, this analysis conservatively assumes an earlier start date, as emissions factors for construction equipment are lower in later years. Construction emissions associated with development of the proposed project were quantified using the types and quantities of equipment for each construction phase as provided by the applicant. CalEEMod also estimates off-site emissions from worker, vendor, and hauling truck trips. The number of worker and vendor trips are based on CalEEMod defaults. Cut material would be used for construction of the proposed drainage basin; therefore, the project would not require material export or import.
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Air Quality
Initial Study – Mitigated Negative Declaration 25
Operational Emissions
In CalEEMod, operational sources of criteria pollutant emissions include area, energy, and mobile sources. The project’s single-family, ADU, and junior ADU uses were combined and attributed to the “Single Family Housing” land use subtype, while the proposed community amenities were modeled as a 2,630-square foot “Racquet Club.” Uncovered parking spaces and internal roadways were modeled as “Parking Lot.” The modeling analyzed 191 total dwelling units.
The proposed project would not include natural gas connections, and such emissions are therefore excluded from this analysis. Emissions associated with area sources, including consumer products, landscape maintenance, and architectural coating were calculated in CalEEMod, and standard emission rates were utilized from CARB, USEPA, and emission factor values provided by the local air ĚŝƐƚƌŝĐƚ;WK 2022Ϳ͘Mobile emissions are estimated by multiplying the project trip rate, average trip length, and the vehicle emission factors. The traffic consultant, General Technologies and ^ŽůƵƚŝŽŶƐ;'d^Ϳ͕ƉƌŽǀŝĚĞĚƉƌŽũĞĐƚ-specific trip generations based on the Institute of Transportation
ŶŐŝŶĞĞƌƐ;/d
ͿƌĂƚĞƐĨŽƌ͞^ŝŶŐůĞ-&ĂŵŝůLJĞƚĂĐŚĞĚ,ŽƵƐŝŶŐ͟ĂŶĚ͞DƵůƚŝĨĂŵŝůLJ,ŽƵƐŝŶŐ;>Žǁ-ZŝƐĞͿ.” The trip rate was estimated to be 1,460 total trips. The project-specific trip generation rates provided are included in the CalEEMod outputs in the Air Quality Greenhouse Gas Emissions Study ;Appendix AͿ.
Significance Thresholds
To determine whether a project would result in a significant impact to air quality, Appendix G of the CEQA Guidelines requires consideration of whether a project would:
Conflict with or obstruct implementation of the applicable air quality plan; Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard;
Expose sensitive receptors to substantial pollutant concentrations; or ZĞƐƵůƚŝŶŽƚŚĞƌĞŵŝƐƐŝŽŶƐ;ƐƵĐŚĂƐƚŚŽƐĞůĞĂĚŝŶŐƚŽŽĚŽƌƐͿĂĚǀĞƌƐĞůLJĂĨĨĞĐƚŝŶŐĂƐƵďƐƚĂŶƚŝĂů number of people.
The AVAQMD has adopted numerical significant emissions thresholds to determine whether an air pollution source could contribute individually or cumulatively to the worsening local or regional air quality. These thresholds, which would apply to temporary construction and long-term operational emission, are shown in Table 4.
Table 4 Antelope Valley Air Quality Manage ment District Significance Thresholds Pollutant Annual Threshold (tons/year) Daily Threshold (lbs/day) CO 100 548
NOX 25 137
VOC 25 137
SOX 25 137
PM10 15 82
PM2.5 12 65
Source: AVAQMD 2016
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26 AVAQMD guidance states that a project would have a significant impact related to TACs if the project would expose sensitive receptors to pollutant concentrations resulting in a cancer risk greater than or equal to 10 in one million and/or a non-cancerous HĂnjĂƌĚ/ŶĚĞdž;,/ͿŐƌĞĂƚĞƌƚŚĂŶŽƌ equal to one.
a. Would the project conflict with or obstruct implementation of the applicable air quality plan? The AVAQMD is required, pursuant to the federal Clean Air Act, to reduce emissions of criteria pollutants for which the AVAQMD portion of the MDAB is in nonattainment. Strategies to achieve these emissions reductions are developed in the ϮϬϮϯ&ĞĚĞƌĂůϳϬƉƉďKnjŽŶĞƚƚĂŝŶŵĞŶƚWůĂŶ;ϮϬϮϯ KnjŽŶĞWůĂŶͿ, prepared by AVAQMD for the region. Forecasts used in the 2023 Ozone Plan are developed by SCAG, which are based on local general plans and other related documents that are used to develop population, employment, and traffic projections. Consistency with the 2023 Ozone Plan is determined by analyzing a project with the assumptions in the Plan. As such, projects that propose development that is consistent with the growth anticipated by the local land use plan would be consistent with the SCAG growth projections and the 2023 Ozone Plan emissions estimates.
The project involves the construction of 191 residential units that would result in an increase in the city’s population. Based on an average household size of 3.4 persons per dwelling unit in the city, the project would house approximately 649 ƌĞƐŝĚĞŶƚƐ;ĂůŝĨŽƌŶŝĂĞƉĂƌƚŵĞŶƚŽĨ&ŝŶĂŶĐĞ2023Ϳ. The population growth projections used in the 2023 Ozone Plan forecast show that the population of Palmdale will reach 207,000 residents by 2045, an increase of 48,400 from 2016 ƉƌŽũĞĐƚŝŽŶƐ;SCAG 2020Ϳ. The project's buildout would not exceed the 2023 Ozone Plan population growth forecast for Palmdale. The project's population growth represents approximately 1.3 percent of the total population growth expected in Palmdale between 2016 and 2045. Therefore, the proposed project would be consistent with AQMP growth assumptions and accommodated within and consistent with the 2023 Ozone Plan, and impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
b. Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
Table 5 and Table 6 summarize maximum daily and annual emissions of pollutants throughout the construction period of the project, respectively. Detailed modeling results are provided in Appendix A. Emissions would not exceed AVAQMD significance thresholds during project construction.
Therefore, project construction would not result in a cumulatively considerable net increase of a criteria pollutant, and impacts would be less than significant.
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Initial Study – Mitigated Negative Declaration 27
Table 5 Daily Construction Criteria Pollutant Emissions Maximum Emissions (lbs/day)
VOC NOx CO SO2 PM10 PM2.5
Construction Year 2024 5 38 52 <1 7 4
Construction Year 2025 70 24 51 <1 5 2
Maximum Emissions 70 38 52 <1 7 4
AVAQMD Significance Thresholds 137 137 548 137 82 65
Threshold Exceeded? No No No No No No
Source: Table 2.2 “Construction Emissions by Year, Unmitigated” emissions. Highest of summer and winter emissions results are shown for maximum daily emissions. See CalEEMod worksheets in Appendix A.
Table 6 Annual Construction Criteria Pollutant Emissions Maximum Emissions (tons/year)
VOC NOx CO SO2 PM10 PM2.5
Construction Year 2024 1 3 5 <1 1 <1
Construction Year 2025 1 2 3 <1 <1 <1
Maximum Emissions 1 3 5 <1 1 <1
AVAQMD Significance Thresholds 25 25 100 25 15 12
Threshold Exceeded? No No No No No No
Source: Table 2.2 “Construction Emissions by Year, Unmitigated” emissions. See CalEEMod worksheets in Appendix A.
Operational
Table 7 summarizes emissions associated with operation of the project. The majority of operational emissions generated would be due to mobile emissions from vehicle trips to and from the project site. As shown in Table 7 and Table 8, emissions generated during the operation of project would not exceed AVAQMD significance thresholds. Therefore, the project would not result in a cumulatively considerable net increase of a criteria pollutant, and impacts would be less than significant.
Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
28 Table 7 Daily Operational Criteria Pollutant Emissions Maximum Daily Emissions (lbs/day)
Emission Source ROG NOX CO SO2 PM10 PM2.5
Area 8 <1 27 <1 <1 <1
Energy 0 0 0 0 0 0
Mobile 8 6 59 <1 10 2
Project Emissions 16 6 86 <1 10 2
AVAQMD Thresholds 137 137 548 137 82 65
Threshold Exceeded? No No No No No No
Note: Project emissions may not sum exactly due to rounding Source: Table 2.5 “Operations Emissions by Sector, Unmitigated” emissions. Highest summer and winter emissions results are shown for maximum daily emissions. See CalEEMod worksheets in Appendix A.
Table 8 Annual Operational Criteria Pollutant Emissions Maximum Annual Emissions (tons/year)
Emission Source ROG NOX CO SO2 PM10 PM2.5
Area <1 <1 2 <1 <1 <1
Energy 0 0 0 0 0 0
Mobile 1 1 9 <1 2 <1
Project Emissions 2 1 12 <1 2 <1
AVAQMD Thresholds 25 25 100 25 15 12
Threshold Exceeded? No No No No No No
Note: Project emissions may not sum exactly due to rounding Source: Table 2.5 “Operations Emissions by Sector, Unmitigated” emissions. See CalEEMod worksheets in Appendix A.
LESS THAN SIGNIFICANT IMPACT
c. Would the project expose sensitive receptors to substantial pollutant concentrations? Toxic Air Contaminants
CONSTRUCTION
Construction-related activities would result in short-term, project-generated emissions of DPM exhaust emissions from off-road, heavy-duty diesel equipment for site preparation grading, building construction, and other construction activities. DPM was identified as a TAC by CARB in 1998. The ƉŽƚĞŶƚŝĂůĐĂŶĐĞƌƌŝƐŬĨƌŽŵƚŚĞŝŶŚĂůĂƚŝŽŶŽĨWD;ĚŝƐĐƵƐƐĞĚŝŶƚŚĞĨŽůůŽǁŝŶŐƉĂƌĂŐƌĂƉŚƐͿŽƵƚǁĞŝŐŚƐ the potential non-ĐĂŶĐĞƌŚĞĂůƚŚŝŵƉĂĐƚƐ;Z ϮϬϮϭďͿ͘
Generation of DPM from construction projects typically occurs in a single area for a short period.
Construction of the proposed project would occur over approximately 18 months. The dose to Environmental Checklist
Air Quality
Initial Study – Mitigated Negative Declaration 29
which the receptors are exposed is the primary factor used to determine health risk. Dose is a function of the concentration of a substance or substances in the environment and the extent of exposure that a person has with the substance. Dose is positively correlated with time, meaning that a longer exposure period would result in a higher exposure level for the Maximally Exposed Individual. The risks estimated for a Maximally Exposed Individual are higher if a fixed exposure occurs over a longer period of time. According to the Office of Environmental Health Hazard ƐƐĞƐƐŵĞŶƚ;K
,,Ϳ͕ŚĞĂůƚŚƌŝƐŬĂƐƐĞƐƐŵĞŶƚƐ͕ǁŚŝĐŚĚĞƚĞƌŵŝŶĞƚŚĞĞdžƉŽƐƵƌĞŽĨƐĞŶƐŝƚŝǀĞƌĞĐĞƉƚŽƌƐ to toxic emissions, should be based on a 30-LJĞĂƌĞdžƉŽƐƵƌĞƉĞƌŝŽĚ;ĂƐƐƵŵĞĚƚŽďĞƚŚĞĂƉƉƌŽdžŝŵĂƚĞ tiŵĞƚŚĂƚĂƉĞƌƐŽŶƐƉĞŶĚƐŝŶĂŚŽƵƐĞŚŽůĚͿ͘K
,,ƌĞĐŽŵŵĞŶĚƐƚŚŝƐƌŝƐŬďĞďƌĂĐŬĞƚĞĚǁŝƚŚϵ-year
and 70-year exposure periods. Health risk assessments should be limited to the period/duration of activities associated with the project.
The maximum PM
2.5 emissions, which is used to represent DPM emissions for this analysis, would occur during site preparation and grading activities. While site preparation and grading emissions represent the worst-case condition, such activities would occur for three months, less than 3 percent for a 9-year health risk calculation period and less than one percent for a 30-year and 70- year health risk calculation period. PM2.5 emissions would decrease for the remaining construction period because construction activities such as building construction, architectural coating, and paving would require less construction equipment. Therefore, DPM generated by project construction is not expected to create conditions where the probability that the Maximally Exposed Individual would contract cancer is greater than 10 in one million. This impact would be less than significant.
O
PERATION
CARB’s Air Quality and Land Use Handbook: A Community Health Perspective ;ϮϬϬϱͿƉƌŽǀŝĚĞƐ recommendations regarding the siting of new sensitive land uses near potential sources of air toxic ĞŵŝƐƐŝŽŶƐ;Ğ͘Ő͕͘ĨƌĞĞǁĂLJƐ͕ĚŝƐƚƌŝďƵƚŝŽŶĐĞŶƚĞƌƐ͕ƌĂŝůLJĂƌĚƐ͕ƉŽƌƚƐ͕ƌĞĨŝŶĞƌŝĞƐ͕ĐŚƌŽŵĞƉůĂƚŝŶŐĨĂĐŝůŝƚŝĞƐ͕ dry cleaners, and gasoline dispeŶƐŝŶŐĨĂĐŝůŝƚŝĞƐͿ͘ZŐƵŝĚĞůŝŶĞƐprovide the recommended siting distances both for the development of sensitive land uses in proximity to TAC sources and for the addition of new TAC sources in proximity to existing sensitive land uses. Residential land uses do not generate substantial TAC emissions based on the air toxic sources listed in CARB’s guidelines. dŚĞƌĞĨŽƌĞ͕ƚŚĞĞdžƉĞĐƚĞĚŚĂnjĂƌĚŽƵƐdƐŐĞŶĞƌĂƚĞĚŽŶƐŝƚĞ;Ğ͘Ő͕͘ĐůĞĂŶŝŶŐƐŽůǀĞŶƚƐ͕ƉĂŝŶƚƐ͕ůĂŶĚƐĐĂƉĞ ƉĞƐƚŝĐŝĚĞƐ͕ĞƚĐ͘ͿĨŽƌƚŚĞƉƌŽƉŽƐĞĚůĂŶĚƵƐĞƐǁŽƵůĚďĞďĞlow thresholds warranting further study under the California Accidental Release Program. The project would not expose off-site sensitive receptors to significant amounts of carcinogenic or TACs. Therefore, operational impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
d. Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Sensitive receptors in the project vicinity include single-family residences at the project boundaries to the east, south and west. Construction activities would be temporary and transitory and associated odors would cease upon construction completion. Such odors disperse rapidly with distance. Accordingly, the proposed project would not create objectionable odors affecting a substantial number of people during construction, and short-term impacts would be less than significant.
Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
30 The project does not include land uses typically associated with odor complaints such as sewage treatment plants, landfills, recycling facilities, and agricultural uses. Vehicles approaching, idling, and leaving the site may release odorous exhaust emissions. Odors of this nature disperse rapidly with distance and do not typically result in odor impacts. Additionally, the project site is located adjacent to Palmdale Boulevard, an arterial road, so vehicle exhaust is already prevalent in the project area.
For these reasons, operational odor impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
Environmental Checklist
Biological Resources
Initial Study – Mitigated Negative Declaration 31
4 Biological Resources
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Have a substantial adverse effect, either
directly or through habitat modifications,
on any species identified as a candidate,
sensitive, or special status species in local
or regional plans, policies, or regulations, or
by the California Department of Fish and
Wildlife or U.S. Fish and Wildlife Service?
Ƒ Ŷ Ƒ Ƒ
b. Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, or regulations, or by the
California Department of Fish and Wildlife
or U.S. Fish and Wildlife Service?
Ƒ Ŷ Ƒ Ƒ
c. Have a substantial adverse effect on state
ŽƌĨĞĚĞƌĂůůLJƉƌŽƚĞĐƚĞĚǁĞƚůĂŶĚƐ;ŝŶĐůƵĚŝŶŐ͕
but not limited to, marsh, vernal pool,
ĐŽĂƐƚĂů͕ĞƚĐ͘ͿƚŚƌŽƵŐŚĚŝƌĞĐƚƌĞŵŽǀĂů͕ĨŝůůŝŶŐ͕
hydrological interruption, or other means?
Ƒ Ŷ Ƒ Ƒ
d. Interfere substantially with the movement
of any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites?
Ƒ Ƒ Ŷ Ƒ
e. Conflict with any local policies or
ordinances protecting biological resources,
such as a tree preservation policy or
ordinance?
Ƒ Ŷ Ƒ Ƒ
f. Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
Ƒ Ƒ Ƒ Ŷ
Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
32 A field reconnaissance survey of the biological study area ;BSAͿ was conducted on September 21, 2022, to document the existing site conditions and evaluate the potential for presence of sensitive biological resources. The Biological Resources Assessment is included as Appendix B. In addition, western Joshua trees were documented on the project site during a western Joshua tree assessment conducted on July 21, 2021. One vegetation community, Yucca brevifolia Woodland ůůŝĂŶĐĞ;:ŽƐŚƵĂƚƌĞĞǁŽŽĚůĂŶĚͿ͕ǁĂƐŝĚĞŶƚŝĨŝĞĚŝŶƚŚĞ^͘dŚŝƐĐŽŵŵƵŶŝƚLJŐĞŶĞƌĂůůLJoccurs in alluvial fans, ridges, and gentle to moderate slopes. Canopy, shrub layer, and herbaceous layer is open to intermittent with perennial grasses and seasonal annuals.
One shallow, ephemeral drainage intersects the project site and adjacent parcel which may generally convey stormwater runoff from the residential development to the south and from Palmdale Avenue to the north during significant rain events. This drainage feature is not identified in the National Hydrogeography Dataset or National Wetlands Institute; however, it is identified as a dashed “blue-line stream” in U.S. Geological Survey topographic maps. Due to the presence of a defined bed and bank, indicated by the break in slope, the California Department of Fish and Wildlife ;CDFWͿ may assert jurisdiction over this drainage. As of December 2022, the portion of the drainage in APN 3023-002-016 is under construction and will be filled in pursuant to Streambed Alteration Agreement EPIMS-LAN-23730-R5 and a new temporary nine-foot dirt swale will be constructed to divert flow from the portion of the drainage on APN 3023-002-184 to a stormwater basin south of the project. Grading associated with the proposed project would eliminate the entirety of the remainder of the drainage, as well as the new temporary swale, approximately
0.75 acre, and replace it with underground storm drains which would outlet into an on-site basin.
The drainage does not provide surface flows to adjacent waters of the State or waters of the U.S. a. Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
The literature search identified 19 special status plant species and 31 special status wildlife species within the nine-quad search area. Of the 19 special status plants and 31 special status wildlife species identified, the BSA contains suitable habitat for western Joshua tree and short-joint beavertail cactus as well as California glossy snake, coast horned lizard, burrowing owl, loggerhead shrike, LeConte’s thrasher, and nesting birds. Direct and potentially indirect impacts to these species may occur as a result of construction activities.
Western Joshua Trees and Short-Joint Beavertail Cacti
tĞƐƚĞƌŶ:ŽƐŚƵĂƚƌĞĞ;^ƚĂƚĞĂŶĚŝĚĂƚĞͿŚĂƐďĞĞŶĚŽĐƵŵĞŶƚĞĚĂĐƌŽƐƐƚŚĞƉƌŽũĞĐƚƐŝƚĞĂŶĚƐŚŽƌƚ-joint ďĞĂǀĞƌƚĂŝůĐĂĐƚƵƐ;California Rare Plant Ranks ϭ͘ϮͿŚĂƐĂŵŽĚĞƌĂƚĞƉŽƚĞŶƚŝĂůƚŽŽĐĐƵƌ͘ĞĐĂƵƐĞ short-joint beavertail cactus is identifiable at any season but was not observed during the reconnaissance survey, its abundance on the site is expected to be low, if any. Construction of the project would impact these species directly on-site by permanent removal of 181 western Joshua tree individuals and habitat, and potentially indirectly in the native habitat to the north through construction dust and other human disturbances that may prevent photosynthesis or degrade habitat. The extensive areas of natural habitat to the north would remain suitable for short-joint beavertail cactus and large enough to support robust populations of this species, and proposed activity at the project site would not substantially affect those regional populations. Absent mitigation, impacts to western Joshua trees would be potentially significant and impacts to short- joint beavertail cacti would be less than significant. Implementation of Mitigation Measures BIO-1 Environmental Checklist
Biological Resources
Initial Study – Mitigated Negative Declaration 33
and BIO-2 would reduce impacts to western Joshua trees to less than significant and further reduce impacts to short-joint beavertail cacti.
Burrowing Owls
Burrowing owl are a ground-dwelling species that rely on small mammals and large insects for prey.
If owls are present, construction of the project could impact individuals directly by construction- related injury or mortality and permanent removal of habitat, and potentially indirectly in the native habitat to the north due to construction noise, dust, and other human disturbances that may cause a nest to fail. The relatively small project footprint of the site, compared to the amount of available suitable habitat for these species, suggests that site development is unlikely to result in population- level impacts. The presence of extensive areas of natural habitat to the north would remain suitable and large enough to support robust populations of these species, and proposed activity at the project site would not substantially affect those regional populations; therefore, impacts would not be significant. However, implementation of Mitigation Measures BIO-1, BIO-3, and BIO-4 would ensure compliance with federal and State law by avoiding the take of burrowing owls or destruction of their nests.
Special Status Reptiles
ĂůŝĨŽƌŶŝĂŐůŽƐƐLJƐŶĂŬĞĂŶĚĐŽĂƐƚŚŽƌŶĞĚůŝnjĂƌĚ;&t^ƉĞĐŝĞƐŽĨ^ƉĞĐŝĂůŽŶĐĞƌŶ^^ƐͿͿďŽƚŚŚĂǀĞ a moderate potential to occur on the project site. If the animals are present, construction of the project would impact these species directly by permanent removal of habitat, and potentially indirectly due to construction noise, dust, and other human disturbances in the native habitat to the north. The relatively small project footprint of the site, compared to the amount of available suitable habitat for these species, suggests that site development is unlikely to result in population- level impacts. The extensive areas of natural habitat to the north would remain suitable and large enough to support robust populations of these species, and proposed activity at the project site would not substantially affect those regional populations. Therefore, potential impacts to special status reptiles would be less than significant.
Special Status and Nesting Birds
>ŽŐŐĞƌŚĞĂĚƐŚƌŝŬĞĂŶĚ>ĞŽŶƚĞ͛ƐƚŚƌĂƐŚĞƌ;&t^^ƐͿĂƐǁĞůůĂƐŵigratory or other common nesting birds are protected by the California Fish and Game Code ;CFGCͿ Sections 3503 and 3503.5, and the federal Migratory Bird Treaty Act ;MBTAͿ and may nest in ornamental trees, grass, bare ground, burrows/cavities, man-made structures and shrubs on or adjacent to the project site. ŽŶƐƚƌƵĐƚŝŽŶŽĨƚŚĞƉƌŽũĞĐƚƚŚƵƐŚĂƐƚŚĞƉŽƚĞŶƚŝĂůƚŽĚŝƌĞĐƚůLJ;ďLJĚĞƐƚƌŽLJŝŶŐĂŶĞƐƚͿŽƌ potentially ŝŶĚŝƌĞĐƚůLJ;ĐŽŶƐƚƌƵĐƚŝŽŶŶŽŝƐĞ͕ĚƵƐƚ͕ĂŶĚŽƚŚĞƌŚƵŵĂŶĚŝƐƚƵƌďĂŶĐĞƐƚŚĂƚŵĂLJĐĂƵƐĞĂŶĞƐƚƚŽĨĂŝůͿ impact nesting birds protected under the CFGC and MBTA. Absent mitigation, impacts to special status birds would be potentially significant. Implementation of Mitigation Measures BIO-1, and BIO-4 would reduce impacts to these species to less than significant and would also ensure compliance with federal and State law by avoiding take of all nesting birds.
Desert Kit Fox
While the desert kit fox is not a special-status species, take of this species is prohibited by CDFW ƌĞŐƵůĂƚŝŽŶƐ;ϭϰZϳϲϬͿĂŶĚŵƵƐƚďĞĂǀŽŝĚĞĚ͘ĞƐĞƌƚŬŝƚĨŽdžŚĂƐŵŽĚĞƌĂƚĞƉŽƚĞŶƚŝĂůƚŽŽĐĐƵƌŽŶƚŚĞ project site due to the presence of suitable habitat, and individuals could be killed or injured by construction equipment if present on the site during construction. Because it is a common species, Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
34 impacts to the desert kit fox would not rise to the level of significance under CEQA. However, the survey and avoidance measures described in recommended Mitigation Measure BIO-5 would ensure compliance with CDFW regulations.
BIO-1 Environmental Worker Education Training Program
ĞĨŽƌĞĂŶLJŐƌŽƵŶĚĚŝƐƚƵƌďŝŶŐǁŽƌŬ;ŝŶĐůƵĚŝŶŐǀĞŐĞƚĂƚŝŽŶĐůĞĂƌŝŶŐĂŶĚŐƌĂĚŝŶŐͿŽĐĐƵƌƐŝŶƚŚĞ construction footprint, a qualified biologist shall conduct a mandatory biological resources awareness training for all construction personnel. Topics to discuss include sensitive species that may be encountered in the project area, photographs to aid in identification of sensitive species that may be encountered, the laws and codes that regulate these species, and the protection measures that must be followed to avoid and minimize impacts. The training shall also include good housekeeping measures and best management practices. If new construction personnel are added to the project, the contractor shall ensure that the new personnel receive the mandatory training before starting work. The subsequent training of personnel may include video of the initial training and/or the use of written materials rather than in-person training by a biologist.
BIO-2 Western Joshua Tree Avoida nce and Compensatory Mitigation A Desert Vegetation Preservation Plan shall be developed and submitted to the City of Palmdale. The plan shall include:
à A report and site plan prepared by a desert native plant specialist which depicts the location of each Joshua tree, discusses their age and health, identifies and locates all trees and shrubs which can be saved in place or relocated.
à A site landscaping plan showing the proposed location of those Joshua trees or, and any other native desert vegetation that will remain on-site. à A long-term maintenance program for any desert vegetation preserved on the site. The minimum term of any maintenance program shall be two growing seasons, unless a shorter length of time is determined by the City’s Landscape Architect, or in cases where the trees retained on the site are of such health and vigor after one growing season that their survival is assured.
A desert vegetation removal permit shall be obtained from the City’s Landscape Architect, prior to the removal of any native desert vegetation as defined in this chapter. A Western Joshua Tree Conservation Act Permit shall be obtained prior to the removal of any Joshua trees.
Prior to receiving take authorization from the participating agency, the project proponent shall pay mitigation fees to the participating agency for deposit into the Western Joshua Tree Conservation Fund.
BIO-3 Burrowing Owl Pre-construction Clearance Survey
A qualified wildlife biologist shall conduct a pre-construction survey of proposed impact areas to confirm presence/absence of burrowing owl individuals no more than 14 days prior to construction.
The survey methodology shall be consistent with the methods outlined in the CDFW Staff Report on Burrowing Owl Mitigation ;ϮϬϭϮͿ͘/ĨŶŽĂĐƚŝǀĞďƌĞĞĚŝŶŐŽƌǁŝŶƚĞƌŝŶŐŽǁůƐĂƌĞŝĚĞŶƚŝĨŝĞĚ͕ŶŽĨƵƌƚŚĞƌ mitigation is required.
Environmental Checklist
Biological Resources
Initial Study – Mitigated Negative Declaration 35
If burrowing owl is detected on-site, the following mitigation measures shall be implemented in accordance with the CDFW Staff Report on Burrowing Owl Mitigation ;ϮϬϭϮͿ͗ The project proponent shall hire a qualified wildlife biologist that should be on-site during initial ground-disturbing activities in potential burrowing owl habitat identified throughout the habitat assessment.
No ground-disturbing activities shall be permitted within a buffer no less than 200 meters ;656 ĨĞĞƚͿĨƌŽŵĂŶĂĐƚŝǀĞďƵƌƌŽǁ͕ĚĞƉĞŶĚŝŶŐŽŶƚŚĞůĞǀĞůŽĨĚŝƐƚƵƌďĂŶĐĞ͕ƵŶůĞƐƐƚŚĞƋƵĂůŝĨŝĞĚ ďŝŽůŽŐŝƐƚĚĞƚĞƌŵŝŶĞƐĂƌĞĚƵĐĞĚďƵĨĨĞƌǁŽƵůĚŶŽƚĂĚǀĞƌƐĞůLJĂĨĨĞĐƚƚŚĞďƵƌƌŽǁŝŶŐŽǁů;ƐͿ͘ Occupied burrows shall ŶŽƚďĞĚŝƐƚƵƌďĞĚĚƵƌŝŶŐƚŚĞŶĞƐƚŝŶŐƐĞĂƐŽŶ;&ĞďƌƵĂƌLJϭƚŽƵŐƵƐƚϯϭͿ͘ ƵƌŝŶŐƚŚĞŶŽŶďƌĞĞĚŝŶŐ;ǁŝŶƚĞƌͿƐĞĂƐŽŶ;^ĞƉƚĞŵďĞƌϭƚŽ:ĂŶƵĂƌLJϯϭͿ͕ŐƌŽƵŶĚ-disturbing work ĐĂŶƉƌŽĐĞĞĚŶĞĂƌĂĐƚŝǀĞďƵƌƌŽǁƐĂƐůŽŶŐĂƐƚŚĞǁŽƌŬŽĐĐƵƌƐŶŽĐůŽƐĞƌƚŚĂŶϱϬŵĞƚĞƌƐ;ϭϲϱĨĞĞƚͿ from the burrow, depending on whether the level of disturbance is low, and if the active burrow is not directly affected by the project activity. A smaller/larger buffer may be established by the qualified biologist following monitoring and assessments of the project’s effects on the burrowing owls. If active winter burrows are found that would be directly affected by ground- disturbing activities, owls can be excluded from winter burrows according to recommendations made in the Staff Report on Burrowing Owl Mitigation ;ϮϬϭϮͿ͘ĚĚŝƚŝŽŶĂůůLJ͕ŝĨďƵƌƌŽǁŝŶŐŽǁůƐ are found on-site, a qualified biologist shall prepare and submit a passive relocation program in ĂĐĐŽƌĚĂŶĐĞǁŝƚŚƉƉĞŶĚŝdž
;ŝ͘Ğ͕͘
džĂŵƉůĞŽŵƉŽŶĞŶƚƐĨŽƌƵƌƌŽǁŝŶŐKǁůƌƚŝĨŝĐŝĂůƵƌƌŽǁĂŶĚ
džĐůƵƐŝŽŶWůĂŶƐͿŽĨƚŚĞCDFW Staff Report on Burrowing Owl Mitigation ;ϮϬϭϮͿĨŽƌFW review and approval prior to the commencement of disturbance activities on-site. Burrowing owls shall not be excluded from burrows until a Burrowing Owl Exclusion Plan is ĚĞǀĞůŽƉĞĚďĂƐĞĚŽŶƚŚĞƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐŵĂĚĞŝŶƉƉĞŶĚŝdž ;ŝ͘Ğ͕͘
džĂŵƉůĞŽŵƉŽŶĞŶƚƐĨŽƌ
ƵƌƌŽǁŝŶŐKǁůƌƚŝĨŝĐŝĂůƵƌƌŽǁĂŶĚ
džĐůƵƐŝŽŶWůĂŶƐͿŽĨƚŚĞ&t^ƚaff Report on Burrowing
Owl Mitigation ;ϮϬϭϮͿ͘dŚĞƵƌƌŽǁŝŶŐKǁů
džĐůƵƐŝŽŶWůĂŶƐŚall be submitted to CDFW for review
and approval prior to the commencement of disturbance activities on-site. Prior to passive relocation, the project proponent shall be responsible for acquiring compensatory mitigation at a ratio of 1:1 for lost breeding and/or wintering habitat. Mitigation shall be implemented on- or off-site including permanent conservation and management of burrowing owl habitat through the recordation of a conservation easement, funding of a non- wasting endowment, and implementation of a Mitigation Land Management Plan based on the CDFW Staff Report on Burrowing Owl Mitigation ;ϮϬϭϮͿĂŶĚ&tguidance. Mitigation lands shall be identified through coordination with CDFW and on, adjacent, or proximate to the impact site where possible and where habitat is suitable to support burrowing owl. If required, compensatory mitigation shall be completed prior to passive relocation of owls and completion of construction.
When a qualified biologist determines that burrowing owls are no longer occupying the project site and passive relocation is complete, construction activities may begin. A final letter shall be prepared by the qualified biologist documenting the results of the passive relocation. The letter shall be submitted to CDFW.
Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
36 BIO-4 Pre-construction Nesting Bird Surveys
The following measure is required to maintain compliance with the CFGC Sections 3503 and 3503.5 and the MBTA with respect to nesting birds:
/ĨĐŽŶƐƚƌƵĐƚŝŽŶĂĐƚŝǀŝƚŝĞƐƚĂŬĞƉůĂĐĞĚƵƌŝŶŐƚŚĞďŝƌĚŶĞƐƚŝŶŐƐĞĂƐŽŶ;ŐĞŶĞƌĂůůLJ&ĞďƌƵĂƌLJϭƚŚƌŽƵŐŚ ƵŐƵƐƚϯϭ͕ďƵƚǀĂƌŝĂďůĞďĂƐĞĚŽŶƐĞĂƐŽŶĂůĂŶĚĂŶŶƵĂůĐůŝŵĂƚŝĐĐŽŶĚŝƚŝŽŶƐͿ͕ŶĞƐƚŝŶŐďŝƌĚƐƵƌǀĞLJƐ shall be performed by a qualified biologist within three days prior to project activities to determine the presence/absence, location, and status of any active nests on site and within 100 feet of the site.
If nesting birds are found on ƐŝƚĞ͕ĂĐŽŶƐƚƌƵĐƚŝŽŶďƵĨĨĞƌŽĨĂƉƉƌŽƉƌŝĂƚĞƐŝnjĞ;ĂƐĚĞƚĞƌŵŝŶĞĚďLJ ƚŚĞƋƵĂůŝĨŝĞĚďŝŽůŽŐŝƐƚͿƐŚall be implemented around the active nests and demarcated with fencing or flagging. If ground/burrow nesting birds are identified, demarcation materials that do not provide perching habitat for predatory bird species shall be used. Nests shall be monitored at a minimum of once per week by the qualified biologist until it has been determined that the nest is no longer being used by either the young or adults. No ground disturbance shall occur within this buffer until the qualified biologist confirms that the breeding/nesting is complete, and all the young have fledged and are capable of surviving independently of the nest. If project activities must occur within the buffer, they shall be conducted at a distance that will prevent project-related disturbances, as determined by the qualified biologist.
If no nesting birds are observed during pre-construction surveys, no further actions are necessary.
BIO-5 Desert Kit Fox
A qualified biologist shall conduct a preconstruction survey for desert kit fox no more than 30 days prior to initiation of construction activities. Inactive dens directly impacted by construction activities shall be excavated by hand and backfilled to prevent reuse. Potentially active dens directly impacted by construction activities shall be monitored for three consecutive nights using a tracking medium such as diatomaceous medium or fire clay and/or infrared camera stations at the entrance. If no tracks are observed in the tracking medium or no photos of the target species are captured after three nights, the den shall be excavated and backfilled by hand. If tracks are observed, dens shall be fitted with the one-way trap doors to encourage animals to move off-site. After 48 hours post installation, the den shall be excavated by hand and collapsed. If an active natal den is detected, ĐŽŶƐƚƌƵĐƚŝŽŶďƵĨĨĞƌŽĨĂƉƉƌŽƉƌŝĂƚĞƐŝnjĞ;ĂƐĚĞƚĞƌŵŝŶĞĚďLJƚŚĞƋƵĂůŝĨŝĞĚďŝŽůŽŐŝƐƚͿshall be implemented around the natal den and demarcated with fencing or flagging.
Significance After Mitigation
Mitigation Measures BIO-1 through BIO-5 require pre-construction survey and biological monitoring be conducted prior to and during ground disturbing activities at the project site. If unanticipated special status species or nesting birds are encountered during ground disturbance, work in the immediate area of the find would stop and a qualified biologist would be contacted immediately.
Implementation of Mitigation Measures BIO-1 through BIO-5 would avoid or reduce the project’s potentially significant impacts to any sensitive species and nesting birds that may be encountered during ground disturbing activities.
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
Environmental Checklist
Biological Resources
Initial Study – Mitigated Negative Declaration 37
b. Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? The proposed project would directly impact 20 gross acres of Joshua tree woodland, as the entire project is subject to clearing and grading. In addition, the proposed project would also indirectly impact the parcel to the north through excessive dust potentially limiting photosynthesis.
Implementation of Mitigation Measures BIO-1 and BIO-2 would reduce impacts to sensitive natural communities to less than significant.
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
c. Would the project have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
The on-site drainage is potentially subject to CDFW jurisdiction. The drainage contains a distinct bed and bank that generally conveys surface water flow from stormwater runoff away from the residential development to the south. Grading associated with project construction would eliminate the entirety of the drainage, approximately 0.75 acre, and replace it with underground storm drains that would outlet into an on-site basin. These impacts to jurisdictional areas would be considered significant but mitigable. Of the 0.75 acres to be impacted, the project proponent has already ŵŝƚŝŐĂƚĞĚϬ͘ϰϵĂĐƌĞƐĂƐƉĂƌƚŽĨƚŚĞĂĚũĂĐĞŶƚƉƌŽũĞĐƚ;EPIMS-LAN-23730-R5Ϳ͘ƐƐƵĐŚ, the remaining
0.26 acres still need to be mitigated as part of the proposed project.
Obtaining a permit from CDFW and potentially providing compensatory mitigation, as required by Mitigation Measure BIO-6, would reduce potential direct and indirect impacts to this feature to a less than significant level.
BIO-6 Jurisdictional Waters and Wetlands
Prior to ground disturbance activities, the project proponent shall consult with CDFW. Based on such consultation, if permits are required for the project, appropriate permits shall be obtained prior to disturbance of jurisdictional resources. In addition, compensatory mitigation for impacts to jurisdictional features shall be identified prior to disturbance of the features. A 1:1 mitigation ratio shall be used, unless a higher ratio is required by CDFW. Mitigation may take the form of permittee- responsible on-site or off-site mitigation, or purchasing credits from an approved mitigation bank.
The project proponent shall comply with the compensatory mitigation required and proof of compliance, along with copies of permits obtained from CDFW shall be provided to the City.
Significance After Mitigation
Mitigation Measure BIO-6 requires compensatory mitigation of jurisdictional resources on a 1:1 or greater ratio. Implementation of Mitigation Measure BIO-6 would reduce the project’s potentially significant impacts to jurisdictional resources on the project site.
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
38 d. Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Wildlife corridors are generally defined as connections between habitat areas that allow for physical and genetic exchange between otherwise isolated animal populations. Such linkages may serve a local purpose, such as between foraging and denning areas, or they may be regional in nature, allowing movement across the landscape. Some habitat linkages may serve as migration corridors, wherein animals periodically move away from an area and then subsequently return. Examples of barriers or impediments to movement include housing and other urban development, roads, fencing, or open areas with little vegetative cover.
As discussed above, project site is surrounded by residential developments on the west, south, and east sides; and the site is bounded to the north by Palmdale Boulevard, a heavily traveled road. The project site is disturbed by dumping, and recreational use by pedestrians and OHVs. Potential wildlife movement on the project site could only occur between the natural habitat block to the north and the surrounding residential developments, which does not significantly contribute to a wildlife movement corridor. Therefore, the proposed project would not interfere with the movement of any native wildlife species. Impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
e. Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
PMC Chapter 14.04 ;:ŽƐŚƵĂdƌĞĞĂŶĚEĂƚŝǀĞsĞŐĞƚĂƚŝŽŶWƌĞƐĞƌǀĂƚŝŽŶͿregulates the implementation of the proposed project would result in permanent direct impacts to all western Joshua trees onsite, as the entire project site is subject to clearing and grading. In addition, the proposed project would indirectly impact the parcel to the north through excessive dust potentially limiting photosynthesis.
As part of compliance with the PMC, implementation of Mitigation Measures BIO-1 and BIO-2 would reduce potential impacts to western Joshua trees and native desert vegetation to less than significant. No other tree species would be affected by the project. Potential impacts would be less than significant.
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
f. Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
The project site is not located within or near an area subject to an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or any other approved habitat conservation plan at the local, regional, or State levels. Therefore, no impact would occur.
NO IMPACT
Environmental Checklist
Cultural Resources
Initial Study – Mitigated Negative Declaration 39
5 Cultural Resources
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Cause a substantial adverse change in
the significance of a historical resource
pursuant to Section 15064.5?
Ƒ Ƒ Ŷ Ƒ
b. Cause a substantial adverse change in
the significance of an archaeological
resource pursuant to Section 15064.5?
Ƒ Ŷ Ƒ Ƒ
c. Disturb any human remains, including
those interred outside of formal
cemeteries?
Ƒ Ƒ Ŷ Ƒ
CEQA requires a lead agency to determine whether a project may have a significant effect on ŚŝƐƚŽƌŝĐĂůƌĞƐŽƵƌĐĞƐ;Public Resources Code ^ĞĐƚŝŽŶϮϭϬϴϰ͘ϭͿĂŶĚdƌŝďĂůĐƵůƚƵƌĂůƌĞƐŽƵƌĐĞƐ;Public Resources Code Section 21074 [a][1][A]-Ϳ͘dƌŝďĂůĐƵůƚƵƌĂůƌĞƐŽƵƌĐĞƐĂƌĞĚŝƐĐƵƐƐĞĚŝŶ^ĞĐƚŝŽŶϭϴ͕ Tribal Cultural Resources of this IS-MND.
A historical resource is a resource listed in, or determined to be eligible for listing in, the California ZĞŐŝƐƚĞƌŽĨ,ŝƐƚŽƌŝĐĂůZĞƐŽƵƌĐĞƐ;Z,ZͿ͖ĂƌĞƐŽƵƌĐĞŝŶĐůƵĚĞĚŝŶĂůŽĐĂůƌĞŐŝƐƚĞƌŽĨhistorical resources; or any object, building, structure, site, area, place, record, or manuscript that a lead ĂŐĞŶĐLJĚĞƚĞƌŵŝŶĞƐƚŽďĞŚŝƐƚŽƌŝĐĂůůLJƐŝŐŶŝĨŝĐĂŶƚ;
Y'ƵŝĚĞůŝŶĞƐ͕^ĞĐƚŝŽŶϭϱϬϲϰ͘ϱĂϭ-ϯͿ͘
A resource shall be considered historically significant if it:
1. Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage;
2. Is associated with the lives of persons important in our past;
3. Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or
4. Has yielded, or may be likely to yield, information important in prehistory or history.
In addition, if it can be demonstrated that a project would cause damage to a unique archaeological resource, the lead agency may require reasonable efforts be made to permit any or all of these resources to be preserved in place or left in an undisturbed state. To the extent that resources ĐĂŶŶŽƚďĞůĞĨƚƵŶĚŝƐƚƵƌďĞĚ͕ŵŝƚŝŐĂƚŝŽŶŵĞĂƐƵƌĞƐĂƌĞƌĞƋƵŝƌĞĚ;Public Resources Code Section ϮϭϬϴϯ͘ϮĂ͕ďͿ͘
Public Resources Code ^ĞĐƚŝŽŶϮϭϬϴϯ͘Ϯ;ŐͿĚĞĨŝŶĞƐĂƵŶŝƋƵĞĂƌĐŚĂĞŽůŽŐŝĐĂůƌĞƐŽƵƌĐĞĂƐĂŶ archaeological artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it:
Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
40 1. Contains information needed to answer important scientific research questions and that there is a demonstrable public interest in that information;
2. Has a special and particular quality such as being the oldest of its type or the best available example of its type; or
3. Is directly associated with a scientifically recognized important prehistoric or historic event or person.
A ƵůƚƵƌĂůZĞƐŽƵƌĐĞƐ^ƚƵĚLJǁĂƐĐŽŶĚƵĐƚĞĚďLJ&^
ŶǀŝƌŽŶŵĞŶƚĂů^ĞƌǀŝĐĞƐ;&^Ϳ͕ĂWĞƌĞŶŶŝĂů
Company, on November 11, 2022, to locate and record any cultural resources present within the project site and subsequently evaluate any resources as part of the City of Palmdale’s environmental review process. The BFSA Cultural Resources Study is included as Appendix C1.
As a part of the Cultural Resources Study an archaeological records search for a one-mile radius was conducted by BFSA through ƚŚĞ^ŽƵƚŚĞŶƚƌĂůŽĂƐƚĂů/ŶĨŽƌŵĂƚŝŽŶĞŶƚĞƌ;^/ͿĂƚ^h&ƵůůĞƌƚŽŶ on October 20, 2022. The SCCIC records search results identified eight previously recorded resources, all historic, located within one mile of the project, none of which are located within the project’s boundaries. The records search also identified 29 previous studies conducted within one ŵŝůĞŽĨƚŚĞƉƌŽũĞĐƚ͕ƚǁŽŽĨǁŚŝĐŚŝŶĐůƵĚĞƚŚĞƐƵďũĞĐƚƉƌŽƉĞƌƚLJ;EŽƌǁŽŽĚϭϵϴϵ͖ Z
ϭϵϵϭͿ͘ŽƚŚ
previous reports include the study of approximately 2,500 acres conducted in support of the City of WĂůŵĚĂůĞ͛Ɛ
ĂƐƚƐŝĚĞ'ĞŶĞƌĂůWůĂŶŵĞŶĚŵĞŶƚ;'WϵϬ-ϭϱͿ͘EŽƌǁŽŽĚ;ϭϵϴϵͿŝŶŝƚŝĂůůLJŶŽƚĞĚ three trash scatters within the current project; however, the scatters were not formally recorded, and only superficial information was collected. Based upon Norwood’s assessment, these trash scatters were associated with period between the late 1940s and 1960s.
A field survey was conducted on October 25, 2022, by BFSA. During the survey, a 50- by 50-foot historic trash scatter was identified within the northern third of the project area. It is not clear if this finding corresponds with any of the three trash scatters previously noted within the property by EŽƌǁŽŽĚ;ϭϵϴϵͿ͘,ŽǁĞǀĞƌ͕ďĂƐĞĚ upon a review of the identified surface scatter, the finding represents a single episode of transient refuse disposal which occurred between the late 1930s and 1950s. Based upon the results of the current study, the finding is not considered eligible for the California Register of Historical ZĞƐŽƵƌĐĞƐ;Z,ZͿĂƐƚŚĞƐĐĂƚƚĞƌĚŽĞƐŶŽƚƌĞƚĂŝŶĂŶLJĂĚĚŝƚŝŽŶĂů research value given the observable lack of a subsurface component and the limited information the historic artifacts can provide. Further, the integrity of the site has been impacted by recent disturbances to the property.
A ^ĂĐƌĞĚ>ĂŶĚƐ&ŝůĞ;^>&ͿƐĞĂƌĐŚǁĂƐĂůƐŽƌĞƋƵĞƐƚĞĚĨƌŽŵƚŚĞEĂƚŝǀĞŵĞƌŝĐĂŶ,ĞƌŝƚĂŐĞ Commission ;E,Ϳ͕ǁŚŝĐŚǁĂƐƌĞƚƵƌŶĞĚǁŝƚŚŶĞŐĂƚŝǀĞƌĞƐƵůƚƐ͘ The Cultural Resources Study concluded that the property has potential to yield additional archaeological resources that may have been obscured or buried by the previous impacts to the property. As a result, it is recommended that an archaeological monitor be present during future ground disturbances associated with the project to observe grading and identify any historic or prehistoric resources that may be exposed by earthwork.
a. Would the project cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5?
CEQA Guidelines Section 15064.5 defines “substantial adverse change” as physical demolition, destruction, relocation, or alteration of the resource or its immediate surroundings such that the significance of an historical resource is materially impaired. CEQA Guidelines, Section 15064.5, Environmental Checklist
Cultural Resources
Initial Study – Mitigated Negative Declaration 41
ƐƵďĚŝǀŝƐŝŽŶ;ďͿ;ϮͿ͕ĚĞĨŝŶĞƐ͞ŵĂƚĞƌŝĂůůLJŝŵƉĂŝƌĞĚ͟ĨŽƌƉƵƌƉŽƐĞƐŽĨƚŚĞĚĞĨŝŶŝƚŝŽŶŽĨ͞ƐƵďƐƚĂŶƚŝĂů adverse change” as follows:
The significance of an historical resource is materially impaired when a project:
1. Demolishes or materially alters in an adverse manner those physical characteristics of an historical resource that convey its historical significance and that justify its inclusion in, or eligibility for, inclusion in the California Register of Historical Resources; or
2. Demolishes or materially alters in an adverse manner those physical characteristics that account for its inclusion in a local register of historical resources pursuant to Section 5020͘ϭ;ŬͿŽĨƚŚĞWƵďůŝĐZĞƐŽƵƌĐĞƐŽĚĞŽƌŝƚƐŝĚĞŶƚŝĨŝĐĂƚŝŽŶŝŶĂŶŚŝƐƚŽƌŝĐĂůƌĞƐŽƵƌĐĞƐ survey meeting the requirements of Section ϱϬϮϰ͘ϭ;ŐͿŽĨƚŚĞWƵďůŝĐZĞƐŽƵƌĐĞƐŽĚĞ͕ƵŶůĞƐƐ the public agency reviewing the effects of the project establishes by a preponderance of evidence that the resource is not historically or culturally significant; or
3. Demolishes or materially alters in an adverse manner those physical characteristics of a historical resource that convey its historical significance and that justify its eligibility for inclusion in the California Register of Historical Resources as determined by a lead agency for purposes of CEQA.
As described above and in the Cultural Resources Report provided by BFSA dated November 11, 2022, no eligible historical resources are documented within the project site. In addition, review of historic registers and inventories indicate that no recorded historical landmarks or points of interest are present within the project area. However, the field survey, conducted on October 25, 2022, revealed a 50- by 50-foot scatter of approximately 100 vent hole/hole-in-top and sanitary cans, glass, and ceramic fragments. A close inspection of the artifact scatter and the surrounding soils indicates that the site has no depth.
The types of cans identified at the site were utilized most commonly after the 1920s and 1930s, the Cultural Resources Study suggests the finding likely dates to between the late 1930s and 1950s, but it is not considered eligible for the CRHR as the scatter does not retain any additional research value given the observable lack of a subsurface component.
Therefore, the project would have a less than significant impact on the significance of a historical ƌĞƐŽƵƌĐĞĂƐĚĞĨŝŶĞĚŝŶ^ĞĐƚŝŽŶϭϱϬϲϰ͘ϱ;ďͿŽĨƚŚĞ
Y'ƵŝĚelines.
LESS THAN SIGNIFICANT IMPACT
b. Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?
As documented above, the BFSA Cultural Resources Study found no eligible historical or archaeological resources on the project site. However, the study concludes that the project site has the potential to yield archaeological resources that may have been obscured by the previous impacts to the property. As a result, it is recommended that an archaeological monitor be present during future ground disturbances associated with the project to observe grading and identify any historic or prehistoric resources that may be exposed by earthwork.
The monitoring program should
include Native American observers only in the event that prehistoric deposits are discovered, as described below in Mitigation Measure CR-1. The project would have a less than significant impact with mitigation.
Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
42 Mitigation Measure
CR-1 Archaeological Monitoring Program
The applicant shall retain a qualified archaeological to spot-check and/or monitor all project-related ground disturbing activities. Archaeological monitoring shall be performed under the direction of an archaeologist meeting the Secretary of the Interior’s Professional Qualification Standards for ĂƌĐŚĞŽůŽŐLJ;EĂƚŝŽŶĂůWĂƌŬ^ĞƌǀŝĐĞ2020Ϳ͘DŽŶŝƚŽƌƐǁŝůůŚĂǀĞƚŚĞĂƵƚŚŽƌŝƚLJƚŽŚĂůƚĂŶĚƌĞĚŝƌĞĐƚǁŽƌŬ should any archaeological resources be identified during monitoring. If archaeological resources are encountered during ground-disturbing activities, work in the immediate area must halt and the find evaluated for listing in the California Register of Historical ZĞƐŽƵƌĐĞƐ;CRHRͿ and National Register of Historical Place ;NRHPͿ. Archaeological monitoring may be reduced or halted at the discretion of the project archaeologist, in consultation with the lead agency, as warranted by conditions such as encountering bedrock, sediments being excavated are fill, or negative findings during the first 50 percent of ground-disturbance. If monitoring is reduced to spot-checking, spot-checking shall occur when ground-disturbance moves to a new location within the project site and when ground disturbance extends ƚŽĚĞƉƚŚƐŶŽƚƉƌĞǀŝŽƵƐůLJƌĞĂĐŚĞĚ;ƵŶůĞƐƐƚŚŽƐĞĚĞƉƚŚƐĂƌĞǁŝƚŚŝŶďĞĚƌŽĐŬͿ͘In the event that archaeological resources are unexpectedly encountered during ground-disturbing activities, work in the immediate area should be halted within 50 feet of the find and a qualified archaeologist should be contacted immediately to evaluate the find. If the find is prehistoric, then a Native American representative should also be contacted to participate in the evaluation of the find.
If necessary, the evaluation may require preparation of a treatment plan and archaeological testing for CRHR eligibility. If the discovery proves to be eligible for the CRHR and cannot be avoided by the proposed project, additional work, such as data recovery excavation, may be warranted to mitigate any significant impacts to historical resources. The monitors shall submit a report to the City to document compliance within 30 days of completion of ground disturbing activities.
Significance After Mitigation
Mitigation Measure CR-1 requires archaeological monitoring be conducted during ground disturbing activities at the project site. If unanticipated archaeological resources are encountered during ground disturbance, work in the immediate area of the find would stop and a qualified archaeologist would be contacted immediately. Implementation of Mitigation Measure CR-1 would avoid or reduce the project’s potentially significant impacts to any archaeological resources that may be found during ground disturbing activities.
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
c. Would the project disturb any human remains, including those interred outside of formal cemeteries?
The project site is not part of a formal cemetery and is not known to have been used for disposal of historic or prehistoric human remains. There are no known human remains on the site. Therefore, human remains are not expected to be encountered during construction of the proposed project. In the unlikely event that human remains are encountered during project construction, State Health and Safety Code Section 7050.5 requires ground disturbance in the area of the find to halt until the County Coroner has made the necessary findings as to the origin and disposition of the remains pursuant to Public Resources Code Section 5097.98. Compliance with these regulations would ensure the proposed project would not result in significant impacts due to disturbing human remains, and impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
Environmental Checklist
Energy
Initial Study – Mitigated Negative Declaration 43
6 Energy
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Result in a potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption
of energy resources, during project
construction or operation?
Ƒ Ƒ Ŷ Ƒ
b. Conflict with or obstruct a state or local
plan for renewable energy or energy
efficiency?
Ƒ Ƒ Ŷ Ƒ
The proposed project would consume energy during the construction and operation of the single- family residential units and community amenities. The proposed project would install a photovoltaic ;WsͿƐLJƐƚĞŵƚŽĐƌĞĂƚĞĞůĞĐƚƌŝĐŝƚLJƚŚĂƚǁŽƵůĚƉŽǁĞƌƚŚĞƌĞƐŝĚĞŶƚŝĂůƵŶŝƚƐĂŶĚƚŚĞcommunity amenities to heat and cool the buildings. In addition, construction activities consume gasoline and diesel fuels by on-road construction equipment, including worker and vendors trucks mobile ĞŵŝƐƐŝŽŶƐƚŽĂŶĚĨƌŽŵƚŚĞƉƌŽũĞĐƚƐŝƚĞ͘^ŽƵƚŚĞƌŶĂůŝĨŽƌŶŝĂ ĚŝƐŽŶ;^
ͿǁŽƵůĚƉƌŽǀŝĚĞĞůĞĐƚƌŝĐŝƚLJƚŽ
the project site. The proposed project would not include natural gas connections, as such, natural gas energy consumption excluded from this analysis.
Most of California’s electricity is generated in-State with approximately 30 percent imported from the northwestern and southwestern states in 2021 ;ĂůŝĨŽƌŶŝĂ ŶĞƌŐLJŽŵŵŝƐƐŝŽŶ
ϮϬϮ2aͿ. In
addition, 33.6 percent of California’s electricity supply in 2021 came from renewable energy ƐŽƵƌĐĞƐ͕ƐƵĐŚĂƐǁŝŶĚ͕ƐŽůĂƌƉŚŽƚŽǀŽůƚĂŝĐ͕ŐĞŽƚŚĞƌŵĂů͕ĂŶĚďŝŽŵĂƐƐ; ϮϬϮ2ĂͿ͘On September 16,
2022, SB 1020 created clean electricity targets for eligible renewable energy resources and zero- carbon resources to supply 90 percent of retail sale electricity by 2035, 95 percent by 2040, 100 percent by 2045, and 100 percent of electricity procured to serve all State agencies by 2035.
Table 9 summarizes the electricity consumption for Los Angeles County and SCE, as compared to statewide consumption.
Table 9 2021 Electricity and Natural Gas Consumption
Energy Type Los Angeles County SCE California
Proportion of SCE
Consumption
Proportion of
Statewide
Consumption1
ůĞĐƚƌŝĐŝƚLJ;'tŚͿ 65,375 81,129 2 277,764 29% 24%
GWh = gigawatt-hours; SCE = Southern California Edison. 1 For reference, the population of Los Angeles ŽƵŶƚLJ;9,861,224 ƉĞƌƐŽŶƐͿŝƐĂƉƉƌŽdžŝŵĂƚĞůLJ25.2 percent of the population of California ;ϯϵ͕ϭϴϱ͕ϲϬϱƉĞƌƐŽŶƐͿ;ĂůŝĨŽƌŶŝĂĞƉĂƌƚŵĞŶƚŽĨ&ŝŶĂŶĐĞϮϬϮϮͿ͘ Source: CEC 2022a and 2022b
Maison’s Palmdale Boulevard 150, LLC
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44 Petroleum-based fuels are used for approximately 83 percent of the State’s transportation activity ;United States Energy Information Administration [EIA] ϮϬϮϮͿ. Gasoline, which is used by light-duty cars, pickup trucks, and sport utility vehicles, is the most used transportation fuel in California with
13.8 billion gallons sold in 2021 ;
ϮϬϮ2cͿ͘ŝĞƐĞů͕ǁŚŝĐŚŝƐƵƐĞĚƉƌŝŵĂƌŝůLJďLJŚĞĂǀLJĚƵƚLJ-trucks, delivery vehicles, buses, trains, ships, boats and barges, farm equipment, and heavy-duty construction and military vehicles, is the second most used fuel in California with 1.9 billion gallons sold in 2021 ;
ϮϬϮ2cͿ͘Table 10 summarizes the petroleum fuel consumption for Los Angeles County, as compared to statewide consumption.
Table 10 2021 Annual Gasoline and Diesel Consumption
Fuel Type
Los Angeles County
(million gallons)
California
(million gallons)
Proportion of Statewide
Consumption1
Gasoline 3,061 13,818 7%
Diesel 224 1,883 9%
1 For reference, the population of Los Angeles ŽƵŶƚLJ;9,861,224 ƉĞƌƐŽŶƐͿŝƐĂƉƉƌŽdžŝŵĂƚĞůLJ25.2 percent of the population of California ;ϯϵ͕ϭϴϱ͕ϲϬϱƉĞƌƐŽŶƐͿ;ĂůŝĨŽƌŶŝĂĞƉĂƌƚŵĞŶƚŽĨ&ŝŶĂŶĐĞϮϬϮϮͿ͘ Source: CEC 2022c
Methodology
Fuel consumption associated with project construction and operation was estimated based on the CalEEMod outputs in the Air Quality Greenhouse Gas Emissions Study ;ƉƉĞŶĚŝdžAͿ͘dŚĞƉƌŽũĞĐƚ assumptions for CalEEMod are described under Section 3, Air Quality. The project’s fuel consumption during construction activities was estimated based on the applicant-provided construction schedule and the number of construction equipment. Default CalEEMod assumptions for ĐŽŶƐƚƌƵĐƚŝŽŶǀĞŚŝĐůĞƚƌŝƉƐ;Ğ͘Ő͕͘ǁŽƌŬĞƌĂŶĚǀĞŶĚŽƌƚƌŝƉƐͿ were used. See Appendix A for construction equipment and vehicle fuel consumption calculations.
Operational fuel consumption was based on the project’s anticipated average daily vehicle trips, and the project’s residential consumptions of electricity. Default CalEEMod assumption for vehicle miles ƚƌĂǀĞůĞĚ;sDdͿƉĞƌƚƌŝƉǁĞƌĞƵƐĞĚ͘ŶŶƵĂůsDdŝƐĐĂůĐƵlated and found in the CalEEMod outputs.
Operational fuel consumption is estimated by multiplying the annual VMT by the default CalEEMod fleet mix and the average fuel economy. See Appendix D for the operational fuel consumption calculations of the project.
a. Would the project result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
The proposed project would use nonrenewable and renewable resources for construction and operation of the project. The anticipated use of these resources is detailed in the following subsections. As supported by the discussion below, the proposed project would not result in the wasteful, inefficient, or unnecessary consumption of energy resources that would result in a significant environmental impact.
Environmental Checklist
Energy
Initial Study – Mitigated Negative Declaration 45
Construction Energy Demand
The project would require site preparation and grading, building construction, architectural coating, and landscaping and hardscaping. During construction, energy would be consumed in the form of petroleum-based fuels used to power off-road construction vehicles and equipment on the project site, construction worker travel to and from the project site, and vehicles used to deliver materials to the site. The consumption of electricity and natural gas to power the project’s off-road construction vehicles and equipment would be negligible based on standard construction vehicle fleet mix fuel consumption. As shown in Table 11, project construction would require approximately 55,563 gallons of gasoline and approximately 117,207 gallons of diesel fuel. These construction energy estimates are conservative because they assume that the construction equipment used in each phase of construction is operating every day of construction.
Table 11 Estimated Fuel Consumption during Construction (gallons) Source Gasoline Diesel
Construction Equipment & Hauling Trips 117,207
Construction Worker Vehicle Trips 55,563
See Appendix D for energy calculation sheets
Energy use during construction would be temporary in nature, and construction equipment used would be typical of similar-sized construction projects in the region. In addition, construction ĐŽŶƚƌĂĐƚŽƌƐǁŽƵůĚďĞƌĞƋƵŝƌĞĚƚŽĐŽŵƉůLJǁŝƚŚƚŚĞƉƌŽǀŝƐŝŽŶƐŽĨĂůŝĨŽƌŶŝĂŽĚĞŽĨZĞŐƵůĂƚŝŽŶƐ;ZͿ Title 13 Sections 2449 and 2485, which prohibit diesel-fueled commercial motor vehicles and off- road diesel vehicles from idling for more than five minutes and would minimize unnecessary fuel consumption. Construction equipment would be subject to the USEPA Construction Equipment Fuel Efficiency Standard, which would also minimize inefficient, wasteful, or unnecessary fuel consumption. Furthermore, per applicable regulatory requirements such as California’s Green ƵŝůĚŝŶŐ^ƚĂŶĚĂƌĚƐŽĚĞ;>'ƌĞĞŶ͖Z͕dŝƚůĞϮϰ͕WĂƌƚϭϭͿ͕ƚŚĞƉƌŽũĞĐƚǁŽƵůĚĐŽŵƉůLJǁŝƚŚ construction waste management practices to divert a minimum of 65 percent of construction and demolition debris. These practices would result in efficient use of energy necessary to construct the project. In the interest of cost-efficiency, construction contractors also would not utilize fuel in a manner that is wasteful or unnecessary. Therefore, the project would not involve the inefficient, wasteful and unnecessary use of energy during construction, and the construction-phase impact related to energy consumption would be less than significant.
Operational Energy Demand
Operation of the proposed project would increase area energy demand from greater electricity consumption compared to current conditions on the undeveloped site. Electricity would be used for heating and cooling systems, lighting, appliances, water use, and the overall operation of the project buildings. Gasoline and diesel fuel consumption would be used for motor vehicle travel to and from the project site.
Table 12 summarizes estimated operational energy consumption for the proposed project. As shown therein, project operation would require approximately 210,455 gallons of gasoline and 47,371 gallons of diesel for transportation fuels. The project would require 1.44 GWh of electricity per year from a PV system, therefore, electricity consumption is anticipated to have a net zero draw Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
46 from the grid. Residential vehicle trips would represent the greatest operational use of energy associated with the proposed project.
Table 12 Estimated Project Annual Operational Energy Consumption Source Energy Consumption1 MMBtu Conversion (MMBtu)
Transportation Fuels2
Gasoline 210,455 gallons 23,105
Diesel 47,371 gallons 6,038
Building Operations
Electricity 1.44 GWh 4,916
Total Energy Consumption 34,059
MMBtu = million metric British thermal units; GWh = Gigawatt hours 1 Energy consumption is converted to MMBtu for each source 2 The estimated number of average daily trips associated with the project is used to determine the energy consumption associated with ĨƵĞůƵƐĞĨƌŽŵŽƉĞƌĂƚŝŽŶŽĨƚŚĞƉƌŽũĞĐƚ͘ĐĐŽƌĚŝŶŐƚŽĂů
DŽĚĐĂůĐƵůĂƚŝŽŶƐ;ƐĞĞƉƉĞŶĚŝdžAͿ͕ƚŚĞƉƌŽũĞĐƚǁŽƵůĚƌĞƐƵůƚŝŶĂƉƉƌŽdžŝŵĂƚĞůLJ 3,788,152 annual VMT.
Source: Appendices A and D
The project would be required to comply with the standards established in the CCR Title 24, which would minimize the wasteful, inefficient, or unnecessary consumption of energy resources during ŽƉĞƌĂƚŝŽŶ͘>'ƌĞĞŶ;Z͕dŝƚůĞϮϰ͕WĂƌƚϭϭͿƌĞƋƵŝƌĞƐŝŵƉůĞŵĞŶƚĂƚŝŽŶŽĨĞŶĞƌŐLJĞĨĨŝĐŝĞŶƚůŝŐŚƚ fixtures and building materials into the design of new construction projects. Furthermore, the 2022 ƵŝůĚŝŶŐ
ŶĞƌŐLJ
ĨĨŝĐŝĞŶĐLJ^ƚĂŶĚĂƌĚƐ;dŝƚůĞϮϰ͕WĂƌƚϲͿƌĞƋƵŝƌĞƐŶĞǁůLJĐŽŶƐƚƌƵĐƚĞĚďƵŝůĚŝŶŐƐƚŽŵĞĞƚ energy performance standards set by the CEC. These standards are specifically crafted for new buildings to result in energy efficient performance. Therefore, the proposed project would not lead to wasteful, inefficient, or unnecessary consumption of energy resources. Potential impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
b. Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
New development on the project site would increase energy consumption through electricity to power facilities and heating and cooking. In addition, petroleum is used in motor vehicles used by residents. In 2011, the city adopted an Energy Action Plan to achieve energy independence and energy efficiency and conservation to achieve its GHG emission reduction target of 15 percent by the year 2020, consistent with the State's overall target to reduce GHG emissions statewide to 1990 levels by 2020. Since then, the City of Palmdale released its 2045 General Plan in October 2022, establishing a series of goals and policies to reduce GHG emissions and increase sustainability. The Plan's Sustainability, Climate, and Resilience chapter serve as the Climate Action Plan ;WͿĨŽƌƚŚĞ City of Palmdale. Goals and policies from the 2045 General Plan are described in Section 8, Greenhouse Gas Emissions. In addition, the following goals, policies, and actions related to Energy Action Plan include ;ŝƚLJŽĨWĂůŵĚĂůĞϮϬϭϭͿ:
Goal 1: Reduce Energy Demand Through Energy Conservation and Efficiency Measure 1.3: Energy Efficiency in New Development.
Measure 1.6: Residential Energy Efficiency.
Environmental Checklist
Energy
Initial Study – Mitigated Negative Declaration 47
Goal 3: Promote Renewable Energy Generation and Use.
Measure 3.3: Residential Renewable Energy. Encourage the residential sector to meet energy needs through on-site renewable energy sources.
The project would also be subject to State requirements for energy efficiency, including the mandatory measures for residential development contained in the 2022 CALGreen and Title 24 Building Energy Efficiency Standards. The proposed project would comply with Title 24 Building Energy Efficiency Standards by including renewable energy on-site using a solar PV system to provide power to the single-family residences and community amenities. Additionally, the project would include water-efficient appliances and fixtures in every residential unit, as well as drought tolerant landscaping and water efficient irrigation systems in accordance with the CALGreen standards, which would reduce the project’s water use and energy needed to provide water to the project. These sustainability features align with the energy efficiency goals established in the City’s Energy Action Plan and 2045 General Plan. Therefore, the project would not conflict with or obstruct a State or local plan for renewable energy or energy efficiency, and there would be a less than significant impact.
LESS THAN SIGNIFICANT IMPACT
Maison’s Palmdale Boulevard 150, LLC
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48 This page intentionally left blank.
Environmental Checklist
Geology and Soils
Initial Study – Mitigated Negative Declaration 49
7 Geology and Soils
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Directly or indirectly cause potential
substantial adverse effects, including the
risk of loss, injury, or death involving:
1. Rupture of a known earthquake
fault, as delineated on the most
recent Alquist-Priolo Earthquake
Fault Zoning Map issued by the
State Geologist for the area or
based on other substantial
evidence of a known fault?
Ƒ Ƒ Ŷ Ƒ
2. Strong seismic ground shaking? Ƒ Ƒ Ŷ Ƒ
3. Seismic-related ground failure,
including liquefaction? Ƒ Ƒ Ŷ Ƒ
4. Landslides? Ƒ Ƒ Ŷ Ƒ
b. Result in substantial soil erosion or the
loss of topsoil? Ƒ Ƒ Ŷ Ƒ
c. Be located on a geologic unit or soil that
is unstable, or that would become
unstable as a result of the project, and
potentially result in on- or off-site
landslide, lateral spreading, subsidence,
liquefaction, or collapse?
Ƒ Ƒ Ŷ Ƒ
d. Be located on expansive soil, as defined
in Table 18-1-B of the Uniform Building
ŽĚĞ;ϭϵϵϰͿ͕ĐƌĞĂƚŝŶŐƐƵďƐƚĂŶƚŝĂůĚŝƌĞĐƚ
or indirect risks to life or property?
Ƒ Ƒ Ŷ Ƒ
e. Have soils incapable of adequately
supporting the use of septic tanks or
alternative wastewater disposal systems
where sewers are not available for the
disposal of wastewater?
Ƒ Ƒ Ƒ Ŷ
f. Directly or indirectly destroy a unique
paleontological resource or site or
unique geologic feature?
Ƒ Ŷ Ƒ Ƒ
Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
50 A Geologic and Geotechnical Engineering Investigation was prepared by GeoSoils Consultants Inc. on October 27, 2021, to study the soil conditions of the project site. It was concluded that the project site was considered feasible from a geologic and geotechnical engineering standpoint. The report included recommendations to be followed during grading. The report has been included as Appendix E and attached to this report.
a.1. Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? a.2. Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking? The project site is in a seismically active area of southern California, and therefore, could experience strong ground shaking from local and regional faults. A fault that has ruptured in at least the last 11,700 years is considered to have a higher potential of future seismicity and is considered an active fault by the Alquist-Priolo Earthquake Fault Zoning Act. Faults with evidence of longer earthquake frequency events are considered to have a lower potential of future seismicity. According to California 'ĞŽůŽŐŝĐĂů^ƵƌǀĞLJ;'^Ϳ͕ƚŚĞƉƌŽũĞĐƚƐŝƚĞŝƐŶŽƚůŽĐĂƚĞĚŝŶĂŶůƋƵŝƐƚ-WƌŝŽůŽ&ĂƵůƚŽŶĞ;'^ ϮϬϮϮͿ͘
However, the site is situated in a region subject to strong earthquakes occurring along active faults such as the San Andreas, Nadeau, Cemetery, Little Rock, and Leona Avenue. The closest known active fault to the site is the San Andreas fault which is located at a distance of approximately 3.2 miles southwest of the site. The possibility of ground acceleration, or shaking at the project site, may be considered as approximately similar to the southern California region as a whole.
To reduce geologic and seismic impacts, the City regulates development through the requirements of the CBC. The purpose of the CBC is to establish minimum standards to safeguard the public health, safety, and general welfare through structural strength, means of egress, and general stability by regulating and controlling the design, construction, quality of materials, use and occupancy, location, and maintenance of all building and structures within its jurisdiction. The earthquake design requirements of the CBC consider the occupancy category of the structure, site class, soil classifications, and various seismic coefficients. The CBC provides standards for various aspects of construction, including but not limited to excavation, grading, earthwork, construction, preparation of the site prior to fill placement, specification of fill materials, fill compaction and field testing, retaining wall design and construction, foundation design and construction, and seismic requirements. It includes provisions to address issues such as, but not limited to, ground shaking. In accordance with California law, project design and construction would be required to comply with provisions of the CBC. Because the project would comply with the CBC and because the project would not exacerbate existing ground shaking hazards, impacts related to seismically induced ground shaking and fault rupture would be less than significant.
LESS THAN SIGNIFICANT IMPACT
Environmental Checklist
Geology and Soils
Initial Study – Mitigated Negative Declaration 51
a.3. Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving seismic-related ground failure, including liquefaction? a.4. Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving landslides?
Liquefaction is a process whereby soil is temporarily transformed to fluid form during intense and prolonged ground shaking or because of a sudden shock or strain. Typically, liquefaction occurs in areas where there are loose soils and the depth to groundwater is less than 50 feet from the surface. The project site is not located within a mapped liquefaction or landslide area identified by the California Geological Survey ;'^ϮϬϮϮͿ͘In addition, according to the Geotechnical Engineering Investigation, the site is underlain by dense alluvium and groundwater levels are below at least 50 ĨĞĞƚ;Appendix EͿ͘ƐĂƌĞƐƵůƚ͕ƚŚĞƐŝƚĞŝƐŶŽƚƐƵďũĞĐƚƚŽůŝƋƵĞĨĂĐƚŝŽŶ͘Due to the relatively flat topography of the site and surrounding areas, the project site is not at risk of landslides.
Furthermore, design and construction of the project would conform to the current seismic design provisions of the CBC, which incorporates the latest seismic design standards for structural loads and materials, as well as provisions from the National Earthquake Hazards Reduction Program, to mitigate losses from an earthquake, including liquefaction, and provide for the latest in earthquake safety. While the project would be susceptible to seismic activity given its location within a seismically active area, the project site is not susceptible to liquefaction or landslides and would be required to minimize this risk, to the extent feasible, through the incorporation of applicable CBC standards. Therefore, the project would not result in substantial adverse impacts related to liquefaction or landslides, and impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
b. Would the project result in substantial soil erosion or the loss of topsoil? The proposed project involves the construction of a new single-family residential community on a project site that is currently vacant. Construction activities have the potential to result in soil erosion, particularly during grading and excavation activities. Fugitive dust caused by strong wind and/or earth-moving operations during construction would be minimized through compliance with SCAQMD Rule 403, which prohibits visible particulate matter from crossing property lines. Standard practices to control fugitive dust emissions include watering of active grading sites, covering soil stockpiles with plastic sheeting, and covering soils in haul trucks with secured tarps. In addition, the potential for project construction activities to result in increased erosion and sediment transport by stormwater to surface waters would be minimized because the project would be required to comply with a Construction General Permit, which is issued by the State Water Resources Control Board ;^tZͿ͘dŚĞŽŶƐƚƌƵĐƚŝŽŶ'ĞŶĞƌĂůWĞƌŵŝƚƌĞƋƵŝƌĞƐƚŚĞĚĞǀĞůŽƉŵĞŶƚŽĨĂ^ƚŽƌŵtĂƚĞƌWŽůůƵƚŝŽŶ WƌĞǀĞŶƚŝŽŶWůĂŶ;^tWWWͿ͕ǁŚŝĐŚŽƵƚůŝŶĞƐDWƐƚŽƌĞĚƵĐĞĞƌŽƐŝŽŶĂŶĚƚŽƉƐŽŝůůŽƐƐĨƌŽŵƐƚŽƌŵǁĂƚĞƌ ƌƵŶŽĨĨ;ĂůƐŽƌĞĨĞƌƚŽƚŚĞdiscussion in Section 10, Hydrology and Water QualityͿ͘ŽŵƉůŝĂŶĐĞǁŝƚŚ the Construction General Permit would ensure that BMPs are implemented during construction and minimize substantial soil erosion or the loss of topsoil. Upon completion of construction, the project site would be stabilized with landscaping and paving, and operational activities would not result in soil erosion. Therefore, impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
52 c. Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?
Lateral spreading is the horizontal movement or spreading of soil toward an open face. Lateral spreading may occur when soils liquefy during an earthquake event, and the liquefied soils with overlying soils move laterally to unconfined spaces. Subsidence is the sudden sinking or gradual downward settling of the earth’s surface with little or no horizontal movement. Subsidence is caused by a variety of activities that include, but are not limited to, withdrawal of groundwater, pumping of oil and gas from underground, the collapse of underground mines, liquefaction, and hydrocompaction. Collapse potential refers to the potential settlement of a soil under existing stresses upon being wetted.
As discussed under Impacts 7.a.1 through 7.a.4, although the proposed project is in a seismically active area, the project site is not located on unstable soils or a geologic unit at risk for liquefaction or landslides. The project site consists of relatively flat land that is surrounded by developed land with no significant slopes that would present a landslide hazard. Furthermore, construction and operation of the project would not involve activities known to cause or trigger subsidence and is not anticipated to adversely affect soil stability or increase the potential for local or regional landslides, subsidence, liquefaction, or collapse. The project would comply with CBC requirements. Because the project would not create or exacerbate conditions related to unstable soils, impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
d. Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Expansive soils are highly compressible, clay-based soils that tend to expand as they absorb water and shrink as water is drawn away. According to the USDA online Web Soil Survey map the soil on the project site is made up of loamy sand and loamy fine sand with a 0 to 2 ƉƌĞĐĞŶƚƐůŽƉĞ;h^ ϮϬϮϮͿ͘The Geotechnical Engineering Investigation concluded that alluvium underlies the project site ĂŶĚĐŽŶƐŝƐƚƐŽĨƐĂŶĚĂŶĚŐƌĂǀĞůůLJƐĂŶĚ͕ǁŝƚŚǀĂƌŝĂďůĞĂŵŽƵŶƚƐŽĨƐŝůƚ;ƉƉĞŶĚŝdž EͿ͘dŚĞĂůůƵǀŝƵŵŝƐ slightly moist and dense. Sandy and gravelly soils do not typically contain significant levels of clay that could adversely affect building footings.
Furthermore, the proposed project would be required to comply with the most recent CBC requirements, which have been developed to property safeguard structures and occupants from land stability hazards, such as expansive soils. Therefore, impacts related to expansive soils would be less than significant.
LESS THAN SIGNIFICANT IMPACT
e. Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?
The project would be served by the City’s existing sewer system and no septic tanks are proposed for the project. Therefore, there is no potential for adverse effects due to soil incompatibility with septic tanks. No impact would occur.
NO IMPACT
Environmental Checklist
Geology and Soils
Initial Study – Mitigated Negative Declaration 53
f. Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Paleontological resources, or fossils, are the evidence of once-living organisms preserved in the rock record. They include both the fossilized remains of ancient plants and animals and the traces ƚŚĞƌĞŽĨ;Ğ͘Ő͕͘ƚƌĂĐŬǁĂLJƐ͕ŝŵƉƌŝŶƚƐ͕ďƵƌƌŽǁƐ͕ĞƚĐ͘Ϳ͘WĂůĞŽŶƚological resources are not found in “soil” but are contained within the geologic deposits or bedrock that underlies the soil layer. Typically, ĨŽƐƐŝůƐĂƌĞŐƌĞĂƚĞƌƚŚĂŶϱ͕ϬϬϬLJĞĂƌƐŽůĚ;ŝ͘Ğ͕͘ŽůĚĞƌƚŚĂŶŵŝĚĚůĞ,ŽůŽĐĞŶĞŝŶĂŐĞͿĂŶĚĂƌĞƚLJƉŝĐĂůůLJ preserved in ƐĞĚŝŵĞŶƚĂƌLJƌŽĐŬƐ;^ŽĐŝĞƚLJŽĨsĞƌƚĞďƌĂƚĞWĂůĞŽŶƚŽůŽŐLJ^sWϮϬϭϬͿ͘&ŽƐƐŝůƐŽĐĐƵƌŝŶĂ non-continuous and often unpredictable distribution within some sedimentary units, and the potential for fossils to occur within sedimentary units depends on several factors. It is possible to evaluate the potential for geologic units to contain scientifically important paleontological resources, and therefore evaluate the potential for impacts to those resources and provide mitigation for paleontological resources if they are discovered during construction of a development project.
A paleontological resource assessment was conducted by BFSA on October 25, 2022 ;ƉƉĞŶĚŝdžϮͿ, the full assessment is included as Appendix E. The paleontological assessment of the project included a review of paleontological literature and fossil locality records for a previous project in the area; a review of the underlying geology; and recommendations to mitigate impacts to potential paleontological resources.
The paleontological resources assessment confirmed the potential for paleontological resources to exist on the project site due to the presence of thin, Holocene alluvial deposits mapped at the surface of the project. Construction activities may result in the destruction, damage, or loss of undiscovered paleontological resources. Therefore, impacts to paleontological resources would be potentially significant. Mitigation Measure GEO-1 requires a mitigation program that establishes monitoring and a recovery protocol in the event that prehistoric deposits are discovered.
Mitigation Measure
GEO-1 Paleontological Resource Impact Mitigation Program Prior to the issuance and approval of grading permits for the project the applicant shall submit a WĂůĞŽŶƚŽůŽŐŝĐĂůZĞƐŽƵƌĐĞ/ŵƉĂĐƚDŝƚŝŐĂƚŝŽŶWƌŽŐƌĂŵ;WZ/DWͿ͘dŚĞWZ/DWƐŚall include the following:
1. Prior to initiation of any grading, drilling, and/or excavation activities, a preconstruction meeting shall be held and attended by the paleontologist of record, representatives of the grading contractor and subcontractors, the project owner or developer, and a representative of the lead agency. The nature of potential paleontological resources shall be discussed, as well as the protocol that is to be implemented following the discovery of any fossiliferous materials.
2. Monitoring of mass grading and excavation activities in areas identified as likely to contain paleontological resources shall be performed by a qualified/project paleontologist or paleontological monitor. Monitoring shall be performed starting at the surface on a full-time basis; Holocene alluvial deposits should be monitored parttime at the discretion of the project paleontologist. The timing and duration of the monitoring of excavation activities within the alluvial fan deposits shall be at the discussion of the project paleontologist based on the geological conditions observed by the paleontological monitor and/or the project paleontologist.
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54 3. Paleontological monitors shall be equipped to salvage fossils as they are unearthed to avoid construction delays. The monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens in a timely manner. Monitoring may be reduced if the potentially fossiliferous units are not present in the subsurface, or, if present, are determined upon exposure and examination by qualified paleontological personnel to have low potential to contain fossil resources. The monitor shall notify the project paleontologist, who will then notify the concerned parties of the discovery.
4. Paleontological salvage during trenching and boring activities is typically from the generated spoils and does not delay the trenching or drilling activities. Fossils will be collected and placed in cardboard flats or plastic buckets and identified by field number, collector, and date collected. Notes shall be taken on the map location and stratigraphy of the site, which is photographed before it is vacated, and the fossils are removed to a safe place. On mass grading projects, discovered fossil sites shall be protected by flagging to prevent them from being ŽǀĞƌƌƵŶďLJĞĂƌƚŚŵŽǀĞƌƐ;ƐĐƌĂƉĞƌƐͿ before salvage begins. Fossils will be collected in a similar manner, with notes and photographs being taken before removing the fossils. Precise location of the site is determined with the use of handheld GPS units. If the site involves remains from a ůĂƌŐĞƚĞƌƌĞƐƚƌŝĂůǀĞƌƚĞďƌĂƚĞ͕ƐƵĐŚĂƐůĂƌŐĞďŽŶĞ;ƐͿŽƌĂŵĂŵŵŽƚŚƚƵƐŬ͕ƚŚĂƚŝƐͬĂƌĞƚŽŽ large to be easily removed by a single monitor, a fossil recovery crew shall excavate around the find, encase the find within a plaster and burlap jacket, and remove it after the plaster is set. For large fossils, use of the contractor’s construction equipment may be solicited to help remove the jacket to a safe location.
5. Isolated fossils shall be collected by hand, wrapped in paper, and placed in temporary collecting flats or five-gallon buckets. Notes will be taken on the map location and stratigraphy of the site, which is photographed before it is vacated, and the fossils are removed to a safe place.
6. Particularly small invertebrate fossils typically represent multiple specimens of a limited number of organisms, and a scientifically suitable sample can be obtained from one to several five-gallon buckets of fossiliferous sediment. If it is possible to dry screen the sediment in the field, a concentrated sample may consist of one or two buckets of material. For vertebrate fossils, the test is usually the observed presence of small pieces of bones within the sediments. If present, multiple five-gallon buckets of sediment can be collected and returned to a separate facility to wet-screen the sediment.
7. /ŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞ͞DŝĐƌŽĨŽƐƐŝů^ĂůǀĂŐĞ͟ƐĞĐƚŝŽŶŽĨƚŚĞ^sWŐƵŝĚĞůŝŶĞƐ;ϮϬϭϬ͗ϳͿ͕ bulk sampling and screening of fine-ŐƌĂŝŶĞĚƐĞĚŝŵĞŶƚĂƌLJĚĞƉŽƐŝƚƐ;ŝŶĐůƵĚŝŶŐ carbonate-rich ƉĂůĞŽƐŽůƐͿŵƵƐƚďĞƉĞƌĨŽƌŵĞĚŝĨƚŚĞĚĞƉŽƐŝƚƐĂƌĞŝĚĞŶƚŝĨŝĞĚƚŽƉŽƐƐĞƐƐ indications of producing fossil microvertebrates to test the feasibility of the deposit to yield fossil bones and teeth.
8. In the laboratory, individual fossils shall be cleaned of extraneous matrix, any breaks will be repaired, and the specimen, if needed, will be stabilized by soaking in an archivally approved ĂĐƌLJůŝĐŚĂƌĚĞŶĞƌ;e.g., a solution of acetone and Paraloid B-ϳϮͿ͘
9. Recovered specimens will be prepared to a point of identification and permanent preservation ;ŶŽƚĚŝƐƉůĂLJͿ͕ŝŶĐůƵĚŝŶŐƐĐƌĞĞŶ-washing sediments to recover small invertebrates and vertebrates. Preparation of individual vertebrate fossils is often more time-consuming than for accumulations of invertebrate fossils.
10. Identification and curation of specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable ƐƚŽƌĂŐĞ;e.g., ƚŚĞ>DͿƐŚĂůůďĞĐŽŶĚƵĐƚĞĚ͘dŚĞƉĂůĞŽŶƚŽůŽŐŝĐĂůƉƌŽŐƌĂŵƐŚŽƵůĚ include a written repository Environmental Checklist
Geology and Soils
Initial Study – Mitigated Negative Declaration 55
agreement prior to the initiation of mitigation activities. Prior to curation, the City of Palmdale shall be consulted on the repository/museum to receive the fossil material.
11. A final monitoring and mitigation report of findings and significance shall be prepared, including lists of all fossils recovered and necessary maps and graphics to accurately record their original ůŽĐĂƚŝŽŶ;ƐͿ͘dŚĞƌĞƉŽƌƚ͕ǁŚĞŶƐƵďŵŝƚƚĞĚƚŽ͕ĂŶĚĂĐĐĞƉƚĞĚďLJ͕ƚŚĞ appropriate lead agency, shall signify satisfactory completion of the project program to mitigate impacts to any potential ŶŽŶƌĞŶĞǁĂďůĞƉĂůĞŽŶƚŽůŽŐŝĐĂůƌĞƐŽƵƌĐĞƐ;i.e., ĨŽƐƐŝůƐͿ that might have been lost or otherwise adversely affected without such a program in place.
Significance after Mitigation
Implementation of Mitigation Measure GEO-1 during project construction would reduce potential impacts related to paleontological resources to a less than significant level by providing for the recovery, identification, and curation of previously unrecovered fossils. Impacts would be less than significant with mitigation.
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
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Environmental Checklist
Greenhouse Gas Emissions
Initial Study – Mitigated Negative Declaration 57
8 Greenhouse Gas Emissions
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Generate greenhouse gas emissions,
either directly or indirectly, that may
have a significant impact on the
environment? Ƒ Ŷ Ƒ Ƒ
b. Conflict with an applicable plan, policy,
or regulation adopted for the purpose of
reducing the emissions of greenhouse
gases?
Ƒ Ŷ Ƒ Ƒ
Overview of Greenhouse Gases
Climate change is the observed increase in the average temperature of the Earth’s atmosphere and ŽĐĞĂŶƐĂůŽŶŐǁŝƚŚŽƚŚĞƌƐƵďƐƚĂŶƚŝĂůĐŚĂŶŐĞƐŝŶĐůŝŵĂƚĞ;ƐƵĐŚĂƐǁŝŶĚƉĂƚƚĞƌŶƐ͕ƉƌĞĐŝƉŝƚĂƚŝŽŶ͕ĂŶĚ ƐƚŽƌŵƐͿŽǀĞƌĂŶĞdžƚĞŶĚĞĚƉĞƌŝŽĚ͘dŚĞƚĞƌŵ͞ĐůŝŵĂƚĞĐŚĂŶŐĞ͟ŝƐ often used interchangeably with the term “global warming,” but climate change is preferred because it conveys that other changes are happening in addition to rising temperatures. The baseline against which these changes are measured originates in historical records that identify temperature changes that occurred in the past, such as during previous ice ages. The global climate is changing continuously, as evidenced in the geologic record which indicates repeated episodes of substantial warming and cooling. The rate of change has typically been incremental, with warming or cooling trends occurring over the course of thousands of years. The past 10,000 years have been marked by a period of incremental warming, as glaciers have steadily retreated across the globe. However, scientists have observed acceleration in the rate of warming over the past 150 years. The United Nations Intergovernmental WĂŶĞůŽŶůŝŵĂƚĞŚĂŶŐĞ;/WͿĞdžƉƌĞƐƐĞĚƚŚĂƚƚŚĞƌŝƐĞĂŶĚĐŽŶƚŝŶƵĞĚŐƌŽǁƚŚŽĨĂƚŵŽƐƉŚĞƌŝĐK 2 concentrations is unequivocally due to human activities in the IPCC’s Sixth Assessment Report ;ϮϬϮϭͿ͘,ƵŵĂŶŝŶĨůƵĞŶĐĞŚĂƐǁĂƌŵĞĚƚŚĞĂƚŵŽƐƉŚĞƌĞ͕ŽĐĞĂŶ͕ĂŶĚůĂŶĚ͕ǁŚŝĐŚŚĂƐůĞĚƚŚĞĐůŝŵĂƚĞƚŽ warm at an unprecedented rate in the last 2,000 years. It is estimated that between the period of 1850 through 2019, that a total of 2,390 gigatonnes of anthropogenic CO 2 was emitted. It is likely
that anthropogenic activities have increased the global surface temperature by approximately
1.07 degrees Celsius between the LJĞĂƌƐϮϬϭϬƚŚƌŽƵŐŚϮϬϭϵ;/WϮϬϮϭͿ͘&ƵƌƚŚĞƌŵŽƌĞ͕ƐŝŶĐĞƚŚĞůĂƚĞ 1700s, estimated concentrations of CO2, methane, and nitrous oxide in the atmosphere have increased by over 43 percent, 156 percent, and 17 percent, respectively, primarily due to human ĂĐƚŝǀŝƚLJ;h^
WϮϬϮϭĂͿ͘
ŵŝƐƐŝŽŶƐƌĞƐƵůƚŝŶŐĨƌŽŵŚƵŵĂŶĂĐƚŝǀŝƚŝĞƐĂƌĞƚŚĞƌĞďLJĐŽŶƚƌŝďƵƚŝŶŐƚŽĂŶ average increase in Earth’s temperature.
Gases that absorb and re-emit infrared radiation in the atmosphere are called GHGs. The gases that are widely seen as the principal contributors to human-induced climate change include carbon ĚŝŽdžŝĚĞ;K
2Ϳ͕ŵĞƚŚĂŶĞ;,4Ϳ͕ŶŝƚƌŽƵƐŽdžŝĚĞƐ;E2KͿ͕ĨůƵŽƌŝŶĂƚĞĚŐĂƐĞƐƐƵĐŚĂƐŚLJĚƌŽĨůƵŽƌŽĐĂƌďŽŶƐ ĂŶĚƉĞƌĨůƵŽƌŽĐĂƌďŽŶƐĂŶĚƐƵůĨƵƌŚĞdžĂĨůƵŽƌŝĚĞ;^&6Ϳ͘tĂƚĞƌǀĂƉŽƌŝƐĞdžĐůƵĚĞĚĨƌŽŵƚŚĞůŝƐƚŽĨ','Ɛ Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
58 because it is short-lived in the atmosphere, and its atmospheric concentrations are largely determined by natural processes, such as oceanic evaporation.
GHGs are emitted by natural processes and human activities. Of these gases, CO2 and CH4 are emitted in the greatest quantities from human activities. Emissions of CO2 are usually by-products of fossil fuel combustion, and CH4 results from off-gassing associated with agricultural practices and landfills. Human-made GHGs, many of which have greater heat-absorption potential than CO2, include fluorinated gases and SF6 ;h^
WϮϬϮϭĂͿ͘
ŝĨĨĞƌĞŶƚƚLJƉĞƐŽĨ','ƐŚĂǀĞǀĂƌLJŝŶŐŐůŽďĂůǁĂƌŵŝŶŐƉŽƚĞŶƚŝĂůƐ;'tWͿ͘dŚĞ'tWŽĨĂ','ŝƐƚŚĞ ƉŽƚĞŶƚŝĂůŽĨĂŐĂƐŽƌĂĞƌŽƐŽůƚŽƚƌĂƉŚĞĂƚŝŶƚŚĞĂƚŵŽƐƉŚĞƌĞŽǀĞƌĂƐƉĞĐŝĨŝĞĚƚŝŵĞƐĐĂůĞ;ŐĞŶĞƌĂůůLJ͕ ϭϬϬLJĞĂƌƐͿ͘ĞĐĂƵƐĞ','ƐĂďƐŽƌďĚŝĨĨĞƌĞŶƚĂŵŽƵŶƚƐŽĨŚĞĂƚ͕ĂĐŽŵŵŽŶƌĞĨĞƌĞŶĐĞŐĂƐ;K2ͿŝƐƵƐĞĚ to relate the amount of heat absorbed to the amount of the gas emitted, referred to as “carbon ĚŝŽdžŝĚĞĞƋƵŝǀĂůĞŶƚ͟;K
2ĞͿ͕ǁŚŝĐŚŝƐƚŚĞĂŵŽƵŶƚŽĨ','ĞŵŝƚƚĞĚŵƵůƚŝƉůŝĞĚďLJŝƚƐ'tW͘ĂƌďŽŶ dioxide has a 100-year GWP of one. By contrast, methane has a GWP of 30, meaning its global warming effect is 30 times greater than CO
2 ŽŶĂŵŽůĞĐƵůĞƉĞƌŵŽůĞĐƵůĞďĂƐŝƐ;/WϮϬϮϭͿ͘2
The accumulation of GHGs in the atmosphere regulates the earth’s temperature. Without the natural heat-ƚƌĂƉƉŝŶŐĞĨĨĞĐƚŽĨ','Ɛ͕ƚŚĞĞĂƌƚŚ͛ƐƐƵƌĨĂĐĞǁŽƵůĚďĞĂďŽƵƚϯϯĚĞŐƌĞĞƐĞůƐŝƵƐ;ΣͿ ĐŽŽůĞƌ;tŽƌůĚDĞƚĞŽƌŽůŽŐŝĐĂůKƌŐĂŶŝnjĂƚŝŽŶ2022Ϳ͘,ŽǁĞǀĞƌ͕ƐŝŶĐĞϭϳϱϬ͕ĞƐƚŝŵĂƚĞĚĐŽŶĐĞŶƚƌĂƚŝŽŶƐ of CO2, CH4, and N2O in the atmosphere have increased by 47 percent, 156 percent, and 23 percent, ƌĞƐƉĞĐƚŝǀĞůLJ͕ƉƌŝŵĂƌŝůLJĚƵĞƚŽŚƵŵĂŶĂĐƚŝǀŝƚLJ;/WϮϬϮϭͿ͘','ĞŵŝƐƐŝŽŶƐĨƌŽŵŚƵŵĂŶĂĐƚŝǀŝƚŝĞƐ͕ particularly the consumption of fossil fuels for electricity production and transportation, are believed to have elevated the concentration of these gases in the atmosphere beyond the level of concentrations that occur naturally.
Greenhouse Gas Emissions Inventory
Global
In 2015, worldwide anthropogenic total 47,000 million MT of CO2e, which is a 43 percent increase ĨƌŽŵϭϵϵϬ','ůĞǀĞůƐ;h^
WϮϬϮϭďͿ͘^ƉĞĐŝĨŝĐĂůůLJ͕ϯϰ͕ϱϮϮŵŝůůŝŽŶŵĞƚƌŝĐƚŽŶƐ;DDdͿŽĨK2e of CO2, 8,241 MMT of CO2e of CH4, 2,997 MMT of CO2e of N2O, and 1,001 MMT of CO2e of fluorinated gases were emitted in 2015. The largest source of GHG emissions were energy production and use ;ŝŶĐůƵĚĞƐĨƵĞůƐƵƐĞĚďLJǀĞŚŝĐůĞƐĂŶĚďƵŝůĚŝŶŐƐͿ͕ǁŚŝĐŚĂĐĐŽƵŶƚĞĚĨŽƌϳϱƉĞƌĐĞŶƚŽĨƚŚĞŐůŽďĂů',' emissions. Agriculture uses and industrial processes contributed 12 percent and six percent, respectively. Waste sources contributed for three percent and two percent was due to international transportation sources. These sources account for approximately 98 percent because there was a net sink of two percent from land-ƵƐĞĐŚĂŶŐĞĂŶĚĨŽƌĞƐƚƌLJ;h^ WϮϬϮϭďͿ͘
Federal
United States GHG emissions were 6,347.7 MMT of CO
2e in 2021 or 5,593.5 MMT CO2e after
accounting for sequestration. Emissions increased by 6.8 percent from 2020 to 2021. The increase from 2020 to 2021 was driven by an increase in CO
2 emissions from fossil fuel combustion which
increased seven percent relative to previous years and is primarily due to the economic rebounding after the COVID-ϭϵWĂŶĚĞŵŝĐ͘/ŶϮϬϮϬ͕ƚŚĞĞŶĞƌŐLJƐĞĐƚŽƌ;ŝŶĐůƵĚŝŶŐƚƌĂŶƐƉŽƌƚĂƚŝŽŶͿĂĐĐŽƵŶƚĞĚĨŽƌ
2 dŚĞ/ŶƚĞƌŐŽǀĞƌŶŵĞŶƚĂůWĂŶĞůŽŶůŝŵĂƚĞŚĂŶŐĞ͛Ɛ;ϮϬϮϭͿSixth Assessment Report determined that methane has a GWP of 30. However, the 2017 Climate Change Scoping Plan published by the California Air Resources Board uses a GWP of 25 for methane, consistent with the /ŶƚĞƌŐŽǀĞƌŶŵĞŶƚĂůWĂŶĞůŽŶůŝŵĂƚĞŚĂŶŐĞ͛Ɛ;ϮϬϬϳͿFourth Assessment Report. Therefore, this analysis utilizes a GWP of 25.
Environmental Checklist
Greenhouse Gas Emissions
Initial Study – Mitigated Negative Declaration 59
81 percent of nationwide GHG emissions while agriculture, industrial and waste accounted for ĂƉƉƌŽdžŝŵĂƚĞůLJϭϬƉĞƌĐĞŶƚ͕ƐŝdžƉĞƌĐĞŶƚ͕ĂŶĚƚŚƌĞĞƉĞƌĐĞŶƚƌĞƐƉĞĐƚŝǀĞůLJ;h^ WϮϬϮϯͿ͘
California
Based on a review of CARB’s California Greenhouse Gas Inventory for the years between 2000-2020, California produced 369.2 MMT of CO2e in 2020, which is 35.3 MMT of CO2e lower than 2019 levels.
The 2019 to 2020 decrease in emissions is likely due in large part to the impacts of the COVID-19 pandemic. The major source of GHG emissions in California is the transportation sector, which comprises 37 percent of the State’s total GHG emissions. The industrial sector is the second largest source, comprising 20 percent of the State’s GHG emissions while electric power accounts for approximately 16 percent. The magnitude of California’s total GHG emissions is due in part to its large size and large population compared to other states. However, a factor that reduces California’s per capita fuel use and GHG emissions as compared to other states is its relatively mild climate. In 2016, California achieved its 2020 GHG emission reduction target of reducing emissions to 1990 levels as emissions fell below 431 MMT of CO
2Ğ;ZϮϬϮϮͿ͘dŚĞĂŶŶƵĂůϮϬϯϬ statewide target
emissions level is 260 MMT of CO2Ğ;ZϮϬϭϳͿ͘
Regional
The City of Palmdale’ CAP includes GHG inventories for the city ;ŝƚLJŽĨWĂůŵĚĂůĞϮϬϮϮaͿ͘/ŶϮϬϭϳ͕ total community GHG emissions were estimated at 1,042,284 MT CO2e. Out of the total 2017 GHG emissions inventory, on-ƌŽĂĚƚƌĂŶƐƉŽƌƚĂƚŝŽŶ;ŝ͘Ğ͕͘ŐĂƐŽůŝŶĞĂŶĚĚŝĞƐĞůĐŽŶƐƵŵƉƚŝŽŶĨƌŽŵŵŽƚŽƌ ǀĞŚŝĐůĞƐŽŶůŽĐĂůƌŽĂĚƐĂŶĚŚŝŐŚǁĂLJƐͿĂĐĐŽƵŶƚĞĚĨŽƌϱϵƉĞƌĐĞŶƚŽĨƚŚĞĞŵŝƐƐŝŽŶƐ͕ƌĞƐŝĚĞŶƚŝĂůĞŶĞƌŐLJ consumption accounted for 19 percent, and nonresidential energy consumption accounted for 16 percent. The remaining six percent of GHG emissions was due to solid waste, off-road equipment, water and wastewater, and industrial sources.
Greenhouse Gas Emissions Regulations
Federal Regulations
The U.S. Supreme Court in Massachusetts et al. v. Environmental Protection Agency et al͘;ϮϬϬϳ 549 U.S. 05-ϭϭϮϬͿŚĞůĚƚŚĂƚƚŚĞh^
WŚĂƐƚŚĞĂƵƚŚŽƌŝƚLJƚŽƌĞŐƵůĂƚĞŵŽƚŽƌ-vehicle GHG emissions under the federal Clean Air Act. The USEPA issued a Final Rule for mandatory reporting of GHG emissions in October 2009. This Final Rule applies to fossil fuel suppliers, industrial gas suppliers, direct GHG emitters, and manufacturers of heavy-duty and off-road vehicles and vehicle engines and requires annual reporting of emissions. In 2012, the USEPA issued a Final Rule that establishes the GHG permitting thresholds that determine when CAA permits under the New Source Review WƌĞǀĞŶƚŝŽŶŽĨ^ŝŐŶŝĨŝĐĂŶƚĞƚĞƌŝŽƌĂƚŝŽŶ;W^ͿĂŶĚdŝƚůĞsKƉĞƌĂƚŝŶŐWĞƌŵŝƚƉƌŽŐƌĂŵƐĂƌĞƌĞƋƵŝred for new and existing industrial facilities.
In 2014, the U.S. Supreme Court in Utility Air Regulatory Group v. EPA ;ϭϯϰ^͘ƚ͘ϮϰϮϳϮϬϭϰͿŚĞůĚ that USEPA may not treat GHGs as an air pollutant for purposes of determining whether a source is a major source required to obtain a PSD or Title V permit. The Court also held that PSD permits that ĂƌĞŽƚŚĞƌǁŝƐĞƌĞƋƵŝƌĞĚ;ďĂƐĞĚŽŶĞŵŝƐƐŝŽŶƐŽĨŽƚŚĞƌƉŽůůƵƚĂŶƚƐͿŵĂLJĐŽŶƚŝŶƵĞƚŽƌĞƋƵŝƌĞůŝŵŝƚĂƚŝŽŶƐ ŽŶ','ĞŵŝƐƐŝŽŶƐďĂƐĞĚŽŶƚŚĞĂƉƉůŝĐĂƚŝŽŶŽĨĞƐƚǀĂŝůĂďůĞŽŶƚƌŽůdĞĐŚŶŽůŽŐLJ;dͿ͘ Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
60 State Regulations
ASSEMBLY BILL 1493 – CALIFORNIA ADVANCED CLEAN CARS PROGRAM ϭϰϵϯ;ϮϬϬϮͿ͕ĂůŝĨŽƌŶŝĂ͛ƐĚǀĂŶĐĞĚůĞĂŶĂƌƐƉƌŽŐƌĂŵ;ƌĞĨĞƌƌĞĚƚŽĂƐ͞WĂǀůĞLJ͟Ϳ͕ƌĞƋƵŝƌĞƐZ to develop and adopt regulations to achieve “the maximum feasible and cost-effective reduction of GHG emissions from motor vehicles.” On June 30, 2009, USEPA granted the waiver of CAA preemption to California for its GHG emission standards for motor vehicles beginning with the 2009 model year. Pavley I regulates model years from 2009 to 2016 and Pavley II, which is now referred ƚŽĂƐ͞>
s;>Žǁ
ŵŝƐƐŝŽŶsĞŚŝĐůĞͿ III GHG” regulates model years from 2017 to 2025. The Advanced ůĞĂŶĂƌƐƉƌŽŐƌĂŵĐŽŽƌĚŝŶĂƚĞƐƚŚĞŐŽĂůƐŽĨƚŚĞ>Žǁ
ŵŝƐƐŝŽŶƐsĞŚŝĐůĞƐ;>
sͿ͕ĞƌŽ
ŵŝƐƐŝŽŶƐ
sĞŚŝĐůĞƐ;
sͿ͕ĂŶĚůĞĂŶ&ƵĞůƐKƵƚůĞƚƉƌŽŐƌĂŵƐ͕ĂŶĚƐŚŽƵůĚƉƌŽǀŝĚĞŵĂũŽƌƌĞĚƵĐƚŝŽŶƐŝŶ',' emissions. By 2025, when the rules will be fully implemented, new automobiles will emit 34 percent fewer GHGs and 75 percent fewer smog-forming emissions from their model year 2016 levels ;Z ϮϬϭϭͿ͘
C
ALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 (ASSEMBLY BILL 32, AND SENATE BILL 32) dŚĞ͞ĂůŝĨŽƌŶŝĂ'ůŽďĂůtĂƌŵŝŶŐ^ŽůƵƚŝŽŶƐĐƚŽĨϮϬϬϲ͕͟;ϯϮͿ͕ŽƵƚůŝŶĞƐĂůŝĨŽƌŶŝĂ͛ƐŵĂũŽƌ legislative initiative for reducing GHG emissions. AB 32 codifies the statewide goal of reducing GHG emissions to 1990 levels by 2020 and requires CARB to prepare a Scoping Plan that outlines the main state strategies for reducing GHG emissions to meet the 2020 deadline. In addition, AB 32 requires CARB to adopt regulations to require reporting and verification of statewide GHG emissions. Based on this guidance, CARB approved a 1990 statewide GHG level and 2020 target of 431 MMT CO2e, which was achieved in 2016. CARB approved the Scoping Plan on December 11, 2008, which included GHG emission reduction strategies related to energy efficiency, water use, and recycling aŶĚƐŽůŝĚǁĂƐƚĞ͕ĂŵŽŶŐŽƚŚĞƌƐ;ZϮϬϬϴͿ͘DĂŶLJŽĨƚŚĞ','ƌĞĚƵĐƚŝŽŶŵĞĂƐƵƌĞƐ ŝŶĐůƵĚĞĚŝŶƚŚĞ^ĐŽƉŝŶŐWůĂŶ;Ğ͘Ő͕͘>ŽǁĂƌďŽŶ&ƵĞů^ƚĂŶĚĂƌĚ͕ĚǀĂŶĐĞĚůĞĂŶĂƌƐƚĂŶĚĂƌĚƐ͕ĂŶĚ Cap-and-dƌĂĚĞͿŚĂǀĞďĞĞŶĂĚŽƉƚĞĚƐŝŶĐĞƚŚĞ^ĐŽƉŝŶŐWůĂŶ͛ƐĂƉƉƌŽǀĂů͘ dŚĞZĂƉƉƌŽǀĞĚƚŚĞϮϬϭϯ^ĐŽƉŝŶŐWůĂŶƵƉĚĂƚĞŝŶDĂLJϮϬϭϰ;ZϮϬϭϰͿ͘The update defined the CARB’s climate change priorities for the next five years, set the groundwork to reach post-2020 statewide goals, and highlighted California’s progress toward meeting the “near-term” 2020 GHG emission reduction goals defined in the original Scoping Plan. It also evaluated how to align the state’s longer term GHG reduction strategies with other state policy priorities, including those for water, waste, natural resouƌĐĞƐ͕ĐůĞĂŶĞŶĞƌŐLJ͕ƚƌĂŶƐƉŽƌƚĂƚŝŽŶ͕ĂŶĚůĂŶĚƵƐĞ;ZϮϬϭϰͿ͘ KŶ^ĞƉƚĞŵďĞƌϴ͕ϮϬϭϲ͕ƚŚĞŐŽǀĞƌŶŽƌƐŝŐŶĞĚ^ĞŶĂƚĞŝůů;^ͿϯϮŝŶƚŽůĂǁ͕ĞdžƚĞŶĚŝŶŐƚŚĞĂůŝĨŽƌŶŝĂ Global Warming Solutions Act of 2006 by requiring the state to further reduce GHG emissions to 40 ƉĞƌĐĞŶƚďĞůŽǁϭϵϵϬůĞǀĞůƐďLJϮϬϯϬ;ƚŚĞŽƚŚĞƌƉƌŽǀŝƐŝŽŶƐŽĨϯϮƌĞŵĂŝŶƵŶĐŚĂŶŐĞĚͿ͘KŶ December 14, 2017, the CARB adopted the 2017 Scoping Plan, which provides a framework for achieving the 2030 target. The 2017 Scoping Plan relies on the continuation and expansion of existing policies and regulations, such as the Cap-and-Trade Program, and implementation of recently adopted policies and legislatioŶ͕ƐƵĐŚĂƐ^ϭϯϴϯĂŶĚ^ϭϬϬ;ĚŝƐĐƵƐƐĞĚůĂƚĞƌͿ͘dŚĞϮϬϭϳ Scoping Plan also puts an increased emphasis on innovation, adoption of existing technology, and strategic investment to support its strategies. As with the 2013 Scoping Plan update, the 2017 Scoping Plan does not provide project-level thresholds for land use development. Instead, it recommends that local governments adopt policies and locally appropriate quantitative thresholds consistent with statewide per capita goals of six MT CO 2e by 2030 and two MT CO2ĞďLJϮϬϱϬ;Z
ϮϬϭϳͿ͘ƐƐƚĂƚĞĚŝŶƚŚĞϮϬϭϳ^ĐŽƉŝŶŐWůĂŶ͕ƚŚĞƐĞŐŽĂůƐŵĂLJďĞĂƉƉƌŽƉƌŝĂƚĞĨŽƌƉůĂŶ-level analyses Environmental Checklist
Greenhouse Gas Emissions
Initial Study – Mitigated Negative Declaration 61
;ĐŝƚLJ͕ĐŽƵŶƚLJ͕ƐƵď-ƌĞŐŝŽŶĂů͕ŽƌƌĞŐŝŽŶĂůůĞǀĞůͿ͕ďƵƚŶŽƚĨŽƌƐƉĞĐŝĨŝĐŝŶĚŝǀŝĚƵĂůƉƌŽũĞĐƚƐďĞĐĂƵƐĞƚŚĞLJ ŝŶĐůƵĚĞĂůůĞŵŝƐƐŝŽŶƐƐĞĐƚŽƌƐŝŶƚŚĞƐƚĂƚĞ;ZϮϬϭϳͿ͘ Assembly Bill 1279
AB 1279, the California Climate Crisis Act, was passed on September 16, 2022, and declares the State would achieve net zero GHG emissions as soon as possible, but no later than 2045, and to achieve and maintain net negative GHG emissions thereafter. In addition, the bill states that the State would reduce GHG emissions by 85 percent below 1990 levels no later than 2045.
In response to the passage of AB 1279 and the identification of the 2045 GHG reduction target, ZƉƵďůŝƐŚĞĚƚŚĞ&ŝŶĂůϮϬϮϮůŝŵĂƚĞŚĂŶŐĞ^ĐŽƉŝŶŐWůĂŶŝŶEŽǀĞŵďĞƌϮϬϮϮ;ZϮϬϮϮďͿ͘dŚĞ 2022 Update builds upon the framework established by the 2008 Climate Change Scoping Plan and previous updates while identifying new, technologically feasible, cost-effective, and equity-focused path to achieve California’s climate target. The 2022 Update includes policies to achieve a significant reduction in fossil fuel combustion, further reductions in short-lived climate pollutants, support for ƐƵƐƚĂŝŶĂďůĞĚĞǀĞůŽƉŵĞŶƚ͕ŝŶĐƌĞĂƐĞĚĂĐƚŝŽŶŽŶŶĂƚƵƌĂůĂŶĚǁŽƌŬŝŶŐůĂŶĚƐ;Et>ͿƚŽƌĞĚƵĐĞĞŵŝƐƐŝŽŶƐ and sequester carbon, and the capture and storage of carbon.
The 2022 Update assesses the progress California is making toward reducing its GHG emissions by at least 40 percent below 1990 levels by 2030, as called for in SB 32 and laid out in the 2017 Scoping Plan, addresses recent legislation and direction from Governor Gavin Newsom, extends and expands upon these earlier plans, and implements a target of reducing anthropogenic emissions to 85 percent below 1990 levels by 2045, as well as taking an additional step of adding carbon neutrality as a science-based guide for California’s climate work. As stated in the 2022 Update, “The plan outlines how carbon neutrality can be achieved by taking bold steps to reduce GHGs to meet the anthropogenic emissions target and by expanding actions to capture and store carbon through the ƐƚĂƚĞ͛ƐEt>ĂŶĚƵƐŝŶŐĂǀĂƌŝĞƚLJŽĨŵĞĐŚĂŶŝĐĂůĂƉƉƌŽĂĐŚĞƐ͟;ZϮϬϮϮďͿ͘^ƉĞĐŝĨŝĐĂůůLJ͕ƚŚĞϮϬϮϮ Update:
Identifies a path to keep California on track to meet its SB 32 GHG reduction target of at least 40 percent below 1990 emissions by 2030.
Identifies a technologically feasible, cost-effective path to achieve carbon neutrality by 2045 and a reduction in anthropogenic emissions by 85 percent below 1990 levels. Focuses on strategies for reducing California’s dependency on petroleum to provide consumers with clean energy options that address climate change, improve air quality, and support economic growth and clean sector jobs.
Integrates equity and protecting California’s most impacted communities as driving principles throughout the document.
Incorporates the contribution of NWL to the State’s GHG emissions, as well as their role in achieving carbon neutrality.
Relies on the most up-to-date science, including the need to deploy all viable tools to address the existential threat that climate change presents, including carbon capture and sequestration, as well as direct air capture.
Evaluates the substantial health and economic benefits of taking action. Identifies key implementation actions to ensure success.
Maison’s Palmdale Boulevard 150, LLC
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62 In addition to reducing emissions from transportation, energy, and industrial sectors, the 2022 Update includes emissions and carbon sequestration in NWL and explores how NWL contributes to long-term climate goals. Under the Scoping Plan Scenario, California’s 2030 emissions are anticipated to be 48 percent below 1990 levels, representing an acceleration of the current SB 32 target. Cap-and-Trade regulation continues to play a large factor in the reduction of near-term emissions for meeting the accelerated 2030 reduction target. Every sector of the economy will need to begin to transition in this decade to meet our GHG emissions reduction goals and achieve carbon neutrality no later than 2045. The 2022 Update approaches decarbonization from two perspectives, managing a phasedown of existing energy sources and technologies, as well as increasing, developing, and deploying alternative clean energy sources and technology.
S
ENATE BILL 97 – CEQA: GREENHOUSE GAS EMISSIONS
SB 97, signed in August 2007, acknowledges that climate change is an environmental issue that requires analysis in CEQA documents. In March 2010, the California Natural Resources Agency ;ZĞƐŽƵƌĐĞƐŐĞŶĐLJͿĂĚŽƉƚĞĚĂŵĞŶĚŵĞŶƚƐƚŽƚŚĞ
Y'ƵŝĚĞůŝŶĞƐĨŽƌƚŚĞĨeasible mitigation of GHG
emissions or the effects of GHG emissions. The adopted guidelines give lead agencies the discretion to set quantitative or qualitative thresholds for the assessment and mitigation of GHG and climate change impacts.
S
ENATE BILL 375 – 2008 SUSTAINABLE COMMUNITIES AND CLIMATE PROTECTION ACT SB 375, signed in August 2008, enhances the state’s ability to reach AB 32 goals by directing CARB to develop regional GHG emission reduction targets to be achieved from passenger vehicles by 2020 and 2035. In addition, SB 375 directs each of the state’s 18 major Metropolitan Planning OƌŐĂŶŝnjĂƚŝŽŶƐ;DWKƐͿƚŽƉƌĞƉĂƌĞĂ͞ƐƵƐƚĂŝŶĂďůĞĐŽŵŵƵŶŝƚŝĞƐƐƚƌĂƚĞŐLJ͟;^^ͿƚŚĂƚĐŽŶƚĂŝŶƐĂŐƌŽǁƚŚ strategy to meet these emission targets for inclusion in the ZĞŐŝŽŶĂůdƌĂŶƐƉŽƌƚĂƚŝŽŶWůĂŶ;ZdWͿ͘KŶ March 22, 2018, CARB adopted updated regional targets for reducing GHG emissions from 2005 levels by 2020 and 2035. SCAG was assigned targets of an 8 percent reduction in GHGs from transportation sources by 2020 and a 19 percent reduction in GHGs from transportation sources by 2035. In the SCAG region, SB 375 also provides the option for the coordinated development of sub regional plans by the sub regional councils of governments and the county transportation commissions to meet SB 375 requirements.
S
ENATE BILL 1383 – SHORT-LIVED CLIMATE POLLUTANTS
Adopted in September 2016, SB 1383 requires CARB to approve and begin implementing a comprehensive strategy to reduce emissions of short-lived climate pollutants. The bill requires the ĂůŝĨŽƌŶŝĂĞƉĂƌƚŵĞŶƚŽĨZĞƐŽƵƌĐĞƐZĞĐLJĐůŝŶŐĂŶĚZĞĐŽǀĞƌLJ;ĂůZĞĐLJĐůĞͿ͕ in consultation with CARB, to adopt regulations that achieve:
50-percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020; and
75-percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025.
The bill also mandates various state and local agencies develop further strategies to reduce emissions generated by specific industries such as agriculture. The stated goal is to achieve the following reduction targets by 2030:
Environmental Checklist
Greenhouse Gas Emissions
Initial Study – Mitigated Negative Declaration 63
Methane – 40 percent below 2013 levels
Hydrofluorocarbons – 40 percent below 2013 levels
Anthropogenic black carbon – 50 percent below 2013 levels SENATE BILL 100 – CALIFORNIA RENEWABLES PORTFOLIO STANDARD PROGRAM Adopted on September 10, 2018, SB 100 supports the reduction of GHG emissions from the electricity sector by accelerating the state’s Renewables Portfolio Standard Program, which was last updated by SB 350 in 2015. SB 100 requires electricity providers to increase procurement from eligible renewable energy resources to 33 percent of total retail sales by 2020, 60 percent by 2030, and 100 percent by 2045.
E
XECUTIVE ORDER B-55-18 TO ACHIEVE CARBON NEUTRALITY
On September 10, 2018, Governor Brown issued Executive Order B-55-18, which established a new statewide goal of achieving carbon neutrality by 2045 and maintaining net negative emissions thereafter. This goal is in addition to the existing statewide GHG reduction targets established by SB 375, SB 32, SB 1383, and SB 100.
A
SSEMBLY BILL 341 – CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT The California Integrated Waste Management Act of 1989, as modified by AB 341, requires each jurisdiction’s source reduction and recycling element to include an implementation schedule that ƐŚŽǁƐ͗;ϭͿĚŝǀĞƌƐŝŽŶŽĨϮϱƉĞƌĐĞŶƚŽĨĂůůƐŽůŝĚǁĂƐƚĞďLJ:ĂŶƵĂƌLJϭ, 1995, through source reduction, ƌĞĐLJĐůŝŶŐ͕ĂŶĚĐŽŵƉŽƐƚŝŶŐĂĐƚŝǀŝƚŝĞƐ͖;ϮͿĚŝǀĞƌƐŝŽŶŽĨϱϬƉĞƌĐĞŶƚŽĨĂůůƐŽůŝĚǁĂƐƚĞŽŶĂŶĚĂĨƚĞƌ :ĂŶƵĂƌLJϭ͕ϮϬϬϬ͖ĂŶĚ;ϯͿĚŝǀĞƌƐŝŽŶŽĨϳϱƉĞƌĐĞŶƚŽĨĂůůƐŽůŝĚǁĂƐƚĞďLJϮϬϮϬ͕ĂŶĚĂŶŶƵĂůůLJƚŚĞƌĞĂĨƚĞƌ͘ CalRecycle is required to develop strategies to implement AB 341, including source reduction.
C
LEAN ENERGY, JOBS, AND AFFORDABILITY ACT OF 2022 (SENATE BILL 1020) Adopted on September 16, 2022, SB 1020 creates clean electricity targets for eligible renewable energy resources and zero-carbon resources to supply 90 percent of retail sale electricity by 2035, 95 percent by 2040, 100 percent by 2045, and 100 percent of electricity procured to serve all state agencies by 2035. This bill shall not increase carbon emissions elsewhere in the western grid and shall not allow resource shuffling.
California Building Standards Code
dŚĞĂůŝĨŽƌŶŝĂŽĚĞŽĨZĞŐƵůĂƚŝŽŶƐ;ZͿdŝƚůĞϮϰŝƐƌĞĨĞƌƌĞĚƚŽĂƐƚŚĞĂůŝĨŽƌŶŝĂƵŝůĚŝŶŐ^ƚĂŶĚĂƌĚƐ Code. It consists of a compilation of several distinct standards and codes related to building construction including plumbing, electrical, interior acoustics, energy efficiency, and handicap accessibility for persons with physical and sensory disabilities. The current iteration is the 2022 Title 24 standards. The California Building Standards Code’s energy-efficiency and green building standards are outlined below.
P
ART 6 – BUILDING ENERGY EFFICIENCY STANDARDS/ENERGY CODE CCR Title 24, Part 6 is the Building Energy Efficiency Standards or California Energy Code. This code, originally enacted in 1978, establishes energy-efficiency standards for residential and non- residential buildings in order to reduce California’s energy demand. New construction and major renovations must demonstrate their compliance with the current Energy Code through submittal Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
64 and approval of a Title 24 Compliance Report to the local building permit review authority and the ĂůŝĨŽƌŶŝĂ
ŶĞƌŐLJŽŵŵŝƐƐŝŽŶ;
Ϳ͘dŚĞϮϬϮϮdŝƚůĞϮϰƐƚĂŶĚĂƌĚƐĂƌĞƚŚĞĂƉƉůŝĐĂďůĞďƵŝůĚŝŶŐĞŶĞƌŐLJ efficiency standards for the proposed project because they became effective on January 1, 2023.
PART 11 – CALIFORNIA GREEN BUILDING STANDARDS
The California Green Building Standards Code, referred to as CALGreen, was added to Title 24 as Part 11, first in 2009 as a voluntary code, which then became mandatory effective January 1, 2011 ;ĂƐƉĂƌƚŽĨƚŚĞϮϬϭϬĂůŝĨŽƌŶŝĂƵŝůĚŝŶŐ^ƚĂŶĚĂƌĚƐŽĚĞͿ͘dŚĞ2022 CALGreen includes mandatory minimum environmental performance standards for all ground-up new construction of residential and non-residential structures. It also includes voluntary tiers with stricter environmental performance standards for these same categories of residential and non-residential buildings. Local jurisdictions must enforce the minimum mandatory CALGreen standards and may adopt additional amendments for stricter requirements.
Regional and Local Regulations
2020
– 2045 SCAG REGIONAL TRANSPORTATION PLAN
On September 3, 2020, the SCAG’s Regional Council formally adopted the 2020-2045 RTP/SCS entitled Connect SoCal. The 2020-2045 RTP/SCS builds upon the progress made through implementation of the 2016-2040 RTP/SCS and includes 10 goals focused on promoting economic prosperity, improving mobility, protecting the environment, and supporting healthy/complete communities. The SCS implementation strategies include focusing growth near destinations and mobility options, promoting diverse housing choices, leveraging technology innovations, and supporting implementation of sustainability policies. The SCS establishes a land use vision of center- focused placemaking, concentrating growth in and near Priority Growth Areas, transferring of development rights, urban greening, creating greenbelts and community separators, and ŝŵƉůĞŵĞŶƚŝŶŐƌĞŐŝŽŶĂůĂĚǀĂŶĐĞŵŝƚŝŐĂƚŝŽŶ;^'ϮϬϮϬͿ͘
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ITY OF PALMDALE GENERAL PLAN 2045
The City of Palmdale has established a series of goals and policies in the 2045 City of Palmdale General Plan to reduce GHG emissions and increase sustainability. The Sustainability, Climate, and Resilience chapter of the Plan serves as the ůŝŵĂƚĞĐƚŝŽŶWůĂŶ;CAPͿ for the City of Palmdale. The City of Palmdale developed the CAP to reduce emissions and make Palmdale a more sustainable, healthier, and resilient community. Pursuant with CEQA Guidelines Section 15183.5, the CAP would meet the requirements of a qualified CAP and future residential projects developed under the Plan would be able to tier from the CAP for analysis purposes ;ŝƚLJŽĨWĂůŵĚĂůĞϮϬϮϮaͿ. The CAP includes the following goals and policies that would be applicable to the project:
Clean Energy
Goal SCR-Ϯ͗hƚŝůŝnjĞĂĨŽƐƐŝůĨƵĞůĨƌĞĞĞŶĞƌŐLJƐLJƐƚĞŵ;^ϭϬϬͿ͘ Ɠ SCR-2.1 Carbon Free Energy. Direct EPIC to provide 75 percent carbon-free or renewable electricity to residents and businesses by 2030, achieving 100 percent carbon-free electricity by 2045.
Ɠ SCR-2.2 Community Solar. Explore the development of community solar projects and microgrids.
Environmental Checklist
Greenhouse Gas Emissions
Initial Study – Mitigated Negative Declaration 65
Buildings
Goal SCR-3: Green and decarbonized buildings for new construction and major renovations.
Ɠ SCR-3.1 Energy Efficient New Construction. Integrate CALGreen Tier 1 and Tier 2 green building and energy efficiency standards into new construction and major remodels.
Ɠ SCR-3.2 All-Electric Reach Code. Consider adopting a local reach code to encourage new buildings to be all-electric.
à SCR-3.3 Solar + Storage. Require installation of photovoltaic panels and battery storage on all residential new construction and nonresidential new construction over 5,000 sq. ft.
Transportation
Goal SCR-4: Reduced greenhouse gas emissions from ƚƌĂŶƐƉŽƌƚĂƚŝŽŶ;^ϯϳϵ͕ KE-79-ϮϬͿ͘
Ɠ SCR-4.1 Bike Facilities. Promote bicycle use with new private development projects through requirements for bicycle parking, lockers and showers, bike share facilities, and when feasible, connections to City bike lanes.
Ɠ SCR-4.2 Public Transit. Expand the public transit system, increase frequency of service, and provide shade at transit stops.
Ɠ SCR-4.4 EV Reach Code. Adopt EV requirements beyond CALGreen in both number of chargers and charger capacity.
Ɠ SCR-4.7 Pedestrian and Cyclist Safety. Improve bicycle and pedestrian modes of travel by improving pedestrian and cyclist safety. Example techniques include increasing the number of sidewalks, pending connected and protected bike lanes, and redesigning high incidence intersections.
Solid Waste
Goal SCR-ϱ͗/ŶĐƌĞĂƐĞĚƌĞƐŽƵƌĐĞĐĂƉƚƵƌĞĂŶĚƌĞĚƵĐĞĚǁĂƐƚĞƐĞŶƚƚŽůĂŶĚĨŝůůƐ;^ϭϯϴϯͿ͘ Ɠ SCR-5.1 Zero Waste Plan. Create a zero-waste plan that institutes cost-effective diversion programs for municipal operations and the community.
Ɠ SCR-5.2 Organic Waste Diversion. Establish programs to comply with State-established requirements for organics and food waste diversion.
Water and Wastewater
Goal SCR-6: Safe and secure water supply.
à SCR-6.1 Recycled Water. Increase availability of local recycled water. à SCR-6.4 Rainwater Capture. Encourage rainwater capture and use of cisterns for outdoor watering purposes.
Methodology
GHG emissions were calculated using the same input data as described in Section 3, Air Quality, in addition to the following:
Construction Emission Amortization: Consistent with the industry standard, total construction GHG emissions resulting from a project were amortized over 30 years and added to operational GHG emissions to account for their contribution to GHG emissions over the lifetime of the project.
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Tentative Tract Map 83359
66 Electricity:
ůĞĐƚƌŝĐŝƚLJĞŵŝƐƐŝŽŶƐŽŶůLJĂƉƉůLJƚŽ','ĞŵŝƐƐŝŽŶƐ;ĂƐƚŚĞĞŶĞƌŐLJŝƐŐĞŶĞƌĂƚĞĚŽĨĨ-site ĂŶĚƚŚĞƌĞĨŽƌĞŵĂLJŶŽƚďĞƌĞůĞǀĂŶƚĨŽƌůŽĐĂůĂŶĚƌĞŐŝŽŶĂůĂŝƌƋƵĂůŝƚLJĐŽŶĚŝƚŝŽŶƐͿĂŶĚĂƌĞ calculated by multiplying the energy use times the carbon intensity of the utility district per ŬŝůŽǁĂƚƚŚŽƵƌ;WK2022Ϳ͘dŚĞĚĞĨĂƵůƚĞůĞĐƚƌŝĐŝƚLJĐŽŶƐƵŵƉƚŝŽŶǀĂůƵĞƐŝŶĂů
DŽĚŝŶĐůƵĚĞ
the CEC-sponsored California Commercial End Use Survey and Residential Appliance Saturation Survey studies.
Waste Generation: Operational emissions from waste generation were also calculated in CalEEMod and are based on the IPCC’s methods for quantifying GHG emissions from solid waste ƵƐŝŶŐƚŚĞĚĞŐƌĂĚĂďůĞŽƌŐĂŶŝĐĐŽŶƚĞŶƚŽĨǁĂƐƚĞ;WK2022Ϳ͘tĂƐƚĞĚŝƐƉŽƐĂůƌĂƚĞƐďLJůĂŶĚƵƐĞ and overall composition of municipal solid waste in California was primarily based on data provided by CalRecycle.
Water and Wastewater: Operational emissions from water and wastewater usage calculated in CalEEMod were based on the default electricity intensity from the CEC’s 2006 Refining Estimates of Water-Related Energy Use in California using the average values for northern and southern California.
Significance Thresholds
Based on Appendix G of the CEQA Guidelines, impacts related to GHG emissions from the project would be significant if the project would:
Generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment; or
Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing GHG emissions.
The majority of individual projects do not generate sufficient GHG emissions to directly influence climate change. However, physical changes caused by a project can contribute incrementally to cumulative effects that are significant, even if individual changes resulting from a project are limited. The issue of climate change typically involves an analysis of whether a project’s contribution towards an impact would be cumulatively considerable. “Cumulatively considerable” means that the incremental effects of an individual project are significant when viewed in connection with the ĞĨĨĞĐƚƐŽĨƉĂƐƚƉƌŽũĞĐƚƐ͕ŽƚŚĞƌĐƵƌƌĞŶƚƉƌŽũĞĐƚƐ͕ĂŶĚƉƌŽďĂďůĞĨƵƚƵƌĞƉƌŽũĞĐƚƐ; Y'ƵŝĚĞůŝŶĞƐ͕
^ĞĐƚŝŽŶϭϱϬϲϰŚϭͿ͘
Section 15064.4 of the CEQA Guidelines recommends that lead agencies quantify GHG emissions of projects and consider several other factors that may be used in the determination of significance of GHG emissions from a project, including the extent to which the project may increase or reduce GHG emissions; whether a project exceeds an applicable significance threshold; and the extent to which the project complies with regulations or requirements adopted to implement a plan for the reduction or mitigation of GHG emissions. The City of Palmdale has prepared a qualified CAP pursuant to CEQA Guidelines ^ĞĐƚŝŽŶϭϱϭϴϯ͘ϱ;ďͿ͘dŚĞWƐĞƌǀĞƐĂƐa “qualified plan for the reduction of greenhouse gases” and provides a mechanism for tiering and streamlining of GHG emissions analysis for projects that are consistent with such a plan.
As part of the CAP, the City of Palmdale has established GHG reduction targets consistent with the statewide goal ŽĨƌĞĚƵĐŝŶŐ','ĞŵŝƐƐŝŽŶƐƚŽϰϬƉĞƌĐĞŶƚďĞůŽǁϭϵϵϬůĞǀĞůƐďLJϮϬϯϬ;ϰϳϴ͕ϰϭϴDd CO
2ĞͿ͘ĚĚŝƚŝŽŶĂůůLJ͕ƚŚĞWƉƌŽǀŝĚĞƐĂĚĚŝƚŝŽŶĂůƌĞĚƵĐƚŝŽŶƐďĞLJŽŶĚǁŚĂƚŝƐŶĞĞĚĞĚƚŽĂĐŚŝĞǀĞƚŚĞ 2017 Scoping Plan 2030 goal and advances the City’s progress toward the goal of carbon neutrality Environmental Checklist
Greenhouse Gas Emissions
Initial Study – Mitigated Negative Declaration 67
by 2045 contained in the 2022 Scoping Plan. To achieve these reductions, the City’s CAP has established per-service population emissions targets that are used for this analysis, which are: 2 MT CO2e per service population by 2030; 1.3 MT CO2e per service population by 2035; and 1.2 MT CO2e per service population by 2045. Per-service population emissions are calculated by dividing total community emissions by the residents plus employees.
a. Would the project generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment?
The City of Palmdale CAP is a qualified GHG reduction plan consistent with the requirements of CEQA Guidelines Section 15183.5. In accordance with the CAP, project GHG emissions would be less than significant if it can be demonstrated that the project would be consistent with the CAP and generate less than 2 MT CO
2e per service population per year.
Project construction would generate temporary short-term GHG emissions through travel to and from the worksite and from the operation of construction equipment such as graders, backhoes, and generators. Construction of the project would generate approximately 1,546 MT CO 2e over the
entire construction period. As shown in Table 13, the proposed project’s amortized construction- related emissions would be 52 MT CO2e.
Operation of the proposed project would generate GHG emissions associated with area sources ;Ğ͘Ő͕͘ůĂŶĚƐĐĂƉĞŵĂŝŶƚĞŶĂŶĐĞͿ͕ĞŶĞƌŐLJĂŶĚǁĂƚĞƌƵƐĂŐĞ͕ǀĞŚŝĐůĞƚƌŝƉƐ͕ĂŶĚǁĂƐƚĞǁĂƚĞƌĂŶĚƐŽůŝĚ waste generation. Table 13 combines the estimated construction and operational GHG emissions associated with development of the project. As shown therein, the project would generate approximately 2,206 MT of CO2ĞƉĞƌLJĞĂƌĚƵƌŝŶŐŽƉĞƌĂƚŝŽŶ͘dŽƚĂůĞŵŝƐƐŝŽŶƐ;ĂŵŽƌƚŝnjĞĚĐŽŶƐƚƌƵĐƚŝŽŶ ĞŵŝƐƐŝŽŶƐƉůƵƐĂŶŶƵĂůŽƉĞƌĂƚŝŽŶĞŵŝƐƐŝŽŶƐͿwould be 3.5 MT of CO2ĞƉĞƌLJĞĂƌƉĞƌ^W;ĐŽŶƐĞƌǀĂƚŝǀĞůLJ ƌŽƵŶĚĞĚƵƉƚŽƚŚĞŶĞĂƌĞƐƚƚĞŶƚŚͿ͘dŚĞƐĞĞŵŝƐƐŝŽŶƐǁŽƵůĚĞdžĐĞĞĚƚŚĞϮ͘ϬDdŽĨK2e per year per service person goal of the City CAP, and impacts would be potentially significant. Implementation of Mitigation Measure GHG-1 below would be required to reduce impacts to a less than significant level.
Table 13 Combined Annual Greenhouse Gas Emissions
Emission Source Annual Emissions (MT CO2e per year)
Construction
2024 1,047
2025 499
Construction Total 1,546
Amortized over 30 years 52
Operational
Area 8
Energy 325
Mobile 1,779
Solid Waste 59
Water 35
Refrigerant <1
Operational Total 2,206
Total Emissions 2,258
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68 Emission Source Annual Emissions (MT CO2e per year)
Service Population (Residents) 657
Emissions per Service Person2 3.5
Threshold 2.0
Threshold Exceeded? Yes
MT = metric tons; CO2e = carbon dioxide equivalents
2 Emissions per SP rounded up to the nearest tenth.
Notes: Emissions modeling was completed using CalEEMod. See Appendix A for modeling results.
Mitigation Measure
GHG-1 Greenhouse Gas Reduction Plan
dŚĞƉƌŽũĞĐƚĂƉƉůŝĐĂŶƚƐŚĂůůƉƌĞƉĂƌĞĂŶĚŝŵƉůĞŵĞŶƚĂ','ZĞĚƵĐƚŝŽŶWůĂŶ;','ZWͿƚŚĂƚ demonstrates emissions reductions from project operation by approximately 1,004 MT of CO2e per year to 1,254 MT of CO2e per year for the lifetime of the project, or by an amount determined through further analysis of project GHG emissions at the time of GHGRP preparation. Potential GHG reduction measures included in the GHGRP may include, but would not be limited to, the following on-site measures:
Construction of buildings that achieve energy and water efficiencies beyond those specified in the California Code of Regulations, Title 24 requirements Implementation of green building practices and/or cool roofs Installation of energy-efficient equipment and appliances exceeding California Green Building Code standards
Installation of outdoor water conservation and recycling features, such as smart irrigation controllers and reclaimed water usage
Installation of low-flow bathroom and kitchen fixtures and fittings /ŶƐƚĂůůĂƚŝŽŶŽĨůŝŐŚƚĞŵŝƚƚŝŶŐĚŝŽĚĞ;>
ͿůŝŐŚƚƐ
Implementation of waste reduction programs that may include waste minimization, waste diversion, composting, and material reuse/recycling
Provision of incentives and outreach that promote alternative transportation and transit use to future employees and patrons
Promotion of alternative fuel vehicles, including through the installation of electric vehicle charging infrastructure beyond those required
If GHG emissions cannot be feasibly reduced through implementation of on-site measures, the following off-site measures may be implemented:
ŝƌĞĐƚůLJƵŶĚĞƌƚĂŬĞŽƌĨƵŶĚĂĐƚŝǀŝƚŝĞƐƚŚĂƚƌĞĚƵĐĞŽƌƐĞƋƵĞƐƚĞƌ','ĞŵŝƐƐŝŽŶƐ;͞ŝƌĞĐƚZĞĚƵĐƚŝŽŶ ĐƚŝǀŝƚŝĞƐ͟ͿĂŶĚƌĞƚŝƌĞƚŚĞĂƐƐŽĐŝĂƚĞĚ͞','DŝƚŝŐĂƚŝŽŶZĞĚƵĐƚŝŽŶƌĞĚŝƚƐ͘͟͞','DŝƚŝŐĂƚŝŽŶ Reduction Credit” shall mean an instrument issued by an Approved Registry and shall represent the estimated reduction or sequestration of 1 MT of CO
2e that shall be achieved by a Direct
ZĞĚƵĐƚŝŽŶĐƚŝǀŝƚLJƚŚĂƚŝƐŶŽƚŽƚŚĞƌǁŝƐĞƌĞƋƵŝƌĞĚ;
Y'ƵŝĚĞůŝŶĞƐ^ĞĐƚŝŽŶϭϱϭϮϲ͘ϰĐϯͿ͘
“GHG Mitigation Reduction Credit” must achieve GHG emission reductions that are real, permanent, quantifiable, verifiable, enforceable, and in addition to any GHG emission reduction required by law or regulation or any other GHG emission reduction that otherwise would occur Environmental Checklist
Greenhouse Gas Emissions
Initial Study – Mitigated Negative Declaration 69
in accordance with the criteria set forth in the California Air Resources Board’s most recent Process for the Review and Approval of Compliance Offset Protocols in Support of the Cap-and- dƌĂĚĞZĞŐƵůĂƚŝŽŶ;ϮϬϭϯͿ͘Ŷ͞ƉƉƌŽǀĞĚZĞŐŝƐƚƌLJ͟ŝƐĂŶĂĐĐƌĞĚŝƚĞĚĐĂƌďon registry that follows approved California Air Resources Board Compliance Offset Protocols. At this time, Approved ZĞŐŝƐƚƌŝĞƐŝŶĐůƵĚĞŵĞƌŝĐĂŶĂƌďŽŶZĞŐŝƐƚƌLJ͕ůŝŵĂƚĞĐƚŝŽŶZĞƐĞƌǀĞ͕ĂŶĚsĞƌƌĂ;ĂůŝĨŽƌŶŝĂŝƌ ZĞƐŽƵƌĐĞƐŽĂƌĚϮϬϭϴͿ͘ƌĞĚŝƚƐĨƌŽŵŽƚŚĞƌƐŽurces will not be allowed unless they are shown to be validated by protocols and methods equivalent to or more stringent than the California Air Resources Board standards. In the event that a project or program providing GHG Mitigation Reduction Credits to the project applicant loses its accreditation, the project applicant shall comply with the rules and procedures of retiring GHG Mitigation Reduction Credits specific to the registry involved and shall undertake additional direct investments to recoup the loss. Obtain and retire “Carbon Offsets.” “Carbon Offset” shall mean an instrument issued by an Approved Registry and shall represent the past reduction or sequestration of 1 MT of CO2e achieved by a Direct Reduction Activity or any other GHG emission reduction project or activity ƚŚĂƚŝƐŶŽƚŽƚŚĞƌǁŝƐĞƌĞƋƵŝƌĞĚ;
Y'ƵŝĚĞůŝŶĞƐ^ĞĐƚŝŽŶϭϱϭϮϲ͘ϰĐϯͿ͘ A “Carbon Offset” must achieve GHG emission reductions that are real, permanent, quantifiable, verifiable, enforceable, and in addition to any GHG emission reduction required by law or regulation or any other GHG emission reduction that otherwise would occur in accordance with the criteria set forth in the California Air Resources Board’s most recent Process for the Review and Approval of Compliance Offset Protocols in Support of the Cap-and-Trade Regulation ;ϮϬϭϯͿ͘/ĨƚŚĞƉƌŽũĞĐƚĂƉƉůŝĐĂŶƚ chooses to meet some of the GHG reduction requirements by purchasing offsets on an annual and permanent basis, the offsets shall be purchased according to the City’s preference, which is, ŝŶŽƌĚĞƌŽĨƚŚĞŝƚLJ͛ƐƉƌĞĨĞƌĞŶĐĞ͗;ϭͿǁŝƚŚŝŶWĂůŵĚĂůĞ͖;ϮͿǁŝƚŚŝŶƚŚĞĂŝƌďĂƐŝŶ͖;ϯͿǁŝƚŚŝŶƚŚĞ ^ƚĂƚĞŽĨĂůŝĨŽƌŶŝĂ͖ƚŚĞŶ;ϰͿĞůƐĞǁŚĞƌĞŝŶƚŚĞhŶŝƚĞĚ^ƚĂƚĞƐ͘/ŶƚŚĞĞǀĞŶƚƚŚĂƚĂƉƌŽũĞĐƚŽƌ program providing offsets to the project applicant loses its accreditation, the project applicant shall comply with the rules and procedures of retiring offsets specific to the registry involved and shall purchase an equivalent number of credits to recoup the loss.
The GHGRP shall be submitted by the project developer and reviewed and approved by the City of Palmdale as being in compliance with this measure prior to grading or building permit issuance.
Applicable elements of the approved GHGRP shall be reflected on project site plans prior to certificate of occupancy. Condition compliance shall include monitoring and verifying implementation of measures included in the GHGRP.
Significance After Mitigation
To implement Mitigation Measure GHG-1, the project applicant may choose to apply a wide variety of GHG emission reduction measures, including carbon offsets, to reduce project-related emissions to 1,254 MT of CO2e per year. Therefore, implementation of Mitigation Measure GHG-1 would reduce project-related emissions below the threshold of significance of 1,254 MT of CO2e per year or 2 MT of CO2e per service population per year. Impacts would be less than significant with mitigation incorporated.
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
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70 b. Would the project conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
2022 Scoping Plan
The principal State plans and policies for reducing GHG emissions are AB 32, SB 32, and AB 1279.
The quantitative goal of AB 32 is to reduce GHG emissions to 1990 levels by 2020; the goal of SB 32 is to reduce GHG emissions to 40 percent below 1990 levels by 2030; and the goal of AB 1279 is to achieve net zero GHG emissions no later than 2045 and reduce GHG emissions by 85 percent below 1990 levels no later than 2045. The 2022 Scoping Plan expands upon earlier plans to include the AB 1279 targets. The 2022 Scoping Plan’s strategies that are applicable to the proposed project ŝŶĐůƵĚĞƌĞĚƵĐŝŶŐĨŽƐƐŝůĨƵĞůƵƐĞĂŶĚǀĞŚŝĐůĞŵŝůĞƐƚƌĂǀĞůĞĚ;sDdͿ, decarbonizing the electricity sector, maximizing recycling and diversion from landfills, and increasing water conservation. The project would be consistent with these goals through project design, which includes 100 percent electric project design, complying with the latest Title 24 Green Building Code and Building Efficiency Energy Standards, and complying with the AB 341 waste diversion goal of 75 percent. In addition, the project would receive electricity from ^ŽƵƚŚĞƌŶĂůŝĨŽƌŶŝĂ ĚŝƐŽŶ;SCEͿ, which is
required to reduce GHG emissions by increasing procurement from eligible renewable energy by set target years as required by SB 100. Therefore, the project would not conflict with the 2022 Scoping Plan.
Connect SoCal: 2020-2045 SCAG RTP/SCS
According to the 2020-2045 RTP/SCS, the updated targets for the SCAG region are eight percent ďĞůŽǁϮϬϬϱƉĞƌĐĂƉŝƚĂĞŵŝƐƐŝŽŶůĞǀĞůƐďLJϮϬϮϬ;ƚŚŝƐǀĂůƵĞŝƐƵŶĐŚĂŶŐĞĚĨƌŽŵƚŚĞƉƌĞǀŝŽƵƐϮϬϮϬ ZƚĂƌŐĞƚͿĂŶĚϭϵƉĞƌĐĞŶƚďĞůŽǁϮϬϬϱƉĞƌĐĂƉŝƚĂĞŵŝƐƐŝŽŶƐůĞǀĞůƐďy 2035. The revised 2035 target is higher than the previous CARB target of 13 percent for the SCAG region. The 2020-2045 RTP/SCS includes implementation strategies for focusing growth near destinations and mobility options, promoting diverse housing choices, leveraging technology innovations, supporting implementation of sustainability policies, and promoting a green region. Furthermore, specific actions to reduce GHG emissions under the 2020-2045 RTP/SCS include designing transportation options that reduce the reliance on solo car trips, promoting low emission technologies such as electric vehicles and ride sharing, supporting statewide GHG emissions legislation, and pursuing funding opportunities to support local sustainable development projects that reduce GHG emissions.
Environmental Checklist
Greenhouse Gas Emissions
Initial Study – Mitigated Negative Declaration 71
Table 14 Project Consistency with the South Coast Association of Governments 2020- 2045 RTP/SCS
Goals Consistency
Goal 2: Improve mobility, accessibility,
reliability, and travel safety for people and
goods
Consistent. The proposed project would include interior roadways, sidewalks, and trails to provide vehicle, bicycle, and pedestrian access to residences. This expanded pedestrian network would provide pedestrian access to local schools and parks, including Domenic Massari Park and Knight High School to the southeast, as well as commercial uses to the west. Therefore, the project would have accessible and reliable travel options and be designed to reduce reliance on solo vehicle trips.
Goal 5: Reduce greenhouse gas emissions and
improve air quality
Consistent. The proposed project would include several
sustainable design features, including those required by Title 24 and CALGreen standards. The project would include photovoltaic systems and battery storage installed on each residential building.
All proposed residential units would be equipped with energy- efficient appliances and lighting, water-efficient fixtures, and water-efficient irrigation systems. The project would meet the requirements of the 2022 California Energy Code.
Goal 6: Support healthy and equitable
communities
Consistent. The proposed project would provide housing near city parks, commercial areas, and schools. Furthermore, the project would include design features such as sidewalks and multiple access points to the project site. These features would promote active transportation and foster efficient development patterns within the project site vicinity.
Goal 9: Encourage development of diverse
housing types in areas that are supported by
multiple transportation options
Consistent. The proposed project would include interior roadways, sidewalks, and trails to provide vehicle, bicycle, and pedestrian access to residences. This expanded pedestrian network would provide pedestrian access to local schools and parks, including Domenic Massari Park and Knight High School to the southeast.
The project would be near a commercial downtown area along 47th Street and East Avenue R. The project would include improvement of pedestrian and bicycle facilities, and site access would be provided along several access points. Proposed on-site facilities would establish residences on an underutilized lot adjacent to existing development. Therefore, the project would provide connectivity with planned neighboring residential developments.
Source: SCAG 2020
City of Palmdale Climate Action Plan
The project’s consistency with the City of Palmdale General and CAP policies aimed at reducing GHG emissions are shown in Table 15. Although the project would be consistent with applicable policies from the City of Palmdale General Plan and CAP, it would exceed the CAP’s per service population thresholds as shown in Table 13, above. Therefore, the project would be inconsistent with the CAP and impacts would be potentially significant.
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72 Table 15 Project Consistency with the Palmdale General Plan Policy Consistency
Goal SCR-4: Reduced greenhouse gas emissions from
transportation.
Policy SCR-4.1 Bike Facilities: Promote bicycle use with new private development projects through requirements
for bicycle parking, lockers and showers, bike share
facilities, and when feasible, connections to City bike lanes.
Consistent. The proposed project would create sidewalks and pathways within the project site to accommodate
pedestrians and cyclists, which would connect to existing and planned off-site pedestrian and bicycle facilities.
Goal SCR-3: Green and decarbonized buildings for new
construction and major renovations.
Policy SCR3.2: All-Electric Reach Code. Consider
adopting a local reach code to encourage new buildings
to be all-electric.
Policy SCR-3.3: Solar + Storage. Require installation of photovoltaic panels and battery storage on all residential new construction and nonresidential new construction
over 5,000 sq. ft.
Consistent. The project would comply with all standards set forth in the CBC Title 24, which would minimize the
wasteful, inefficient, or unnecessary consumption of energy resources during operation. Furthermore, in accordance
with the 2022 California Green Building Standards for
residential developments, low-ƌŝƐĞƌĞƐŝĚĞŶĐĞƐ;ƚŚƌĞĞƐƚŽƌŝĞƐ ŽƌůĞƐƐͿĂƌĞƌĞƋƵŝƌĞĚƚŽŝŶƐƚĂůůŽŶ-site photovoltaic arrays.
The project would include solar rooftop photovoltaic
systems, in addition to battery storage. All proposed
residences would be equipped with energy-efficient
appliances and lighting, water-efficient fixtures, and water- efficient irrigation systems. As mentioned above under the 2022 Scoping Plan, the project would be consistent with the State’s climate goals by increasing renewable energy and providing energy efficiency in the buildings.
Source: City of Palmdale 2022a
In summary, the plan consistency analysis provided above demonstrates that the project complies with or exceeds the plans, policies, regulations and GHG reduction actions/strategies outlined in SCAG’s 2020-2045 RTP/SCS and the 2022 Scoping Plan. However, the project would exceed the per service population threshold established by the City and would therefore be inconsistent with the City’s 2045 General Plan and CAP. Therefore, the project would conflict with an applicable plan, policy, or regulation of an agency adopted for the purpose of reducing emissions of GHG emissions.
Implementation of Mitigation Measure GHG-1 below would reduce project related emissions to a less than significant level.
Mitigation Measure
Refer to Mitigation Measure GHG-1, above.
Significance After Mitigation
Implementation of Mitigation Measure GHG-1 would require the developer to implement a GHG Reduction Plan. Such mitigation would reduce project emissions to below the established threshold and ensure that the project would not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing GHG emissions. Impacts would be less than significant with mitigation incorporated.
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
Environmental Checklist
Hazards and Hazardous Materials
Initial Study – Mitigated Negative Declaration 73
9 Hazards and Hazardous Materials
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Create a significant hazard to the public
or the environment through the routine
transport, use, or disposal of hazardous
materials?
Ƒ Ƒ Ŷ Ƒ
b. Create a significant hazard to the public
or the environment through reasonably
foreseeable upset and accident
conditions involving the release of
hazardous materials into the
environment?
Ƒ Ƒ Ŷ Ƒ
c. Emit hazardous emissions or handle
hazardous or acutely hazardous
materials, substances, or waste within
0.25 mile of an existing or proposed
school?
Ƒ Ƒ Ŷ Ƒ
d. Be located on a site that is included on a
list of hazardous material sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment?
Ƒ Ƒ Ƒ Ŷ
e. For a project located in an airport land
use plan or, where such a plan has not
been adopted, within two miles of a
public airport or public use airport, would
the project result in a safety hazard or
excessive noise for people residing or
working in the project area?
Ƒ Ƒ Ƒ Ŷ
f. Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?
Ƒ Ƒ Ŷ Ƒ
g. Expose people or structures, either
directly or indirectly, to a significant risk
of loss, injury, or death involving wildland
fires?
Ƒ Ƒ Ƒ Ŷ
Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
74 a. Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Project construction would involve the use of potentially hazardous materials such as vehicle fuels and fluids that could be released should an accidental leak or spill occur. However, standard construction BMPs for the use and handling of such materials, such as the use of secondary containment, would be implemented to avoid or reduce the potential for such conditions to occur.
Furthermore, any use of potentially hazardous materials utilized during construction of the proposed project would be subject to all local, State, and federal regulations regarding the handling of potentially hazardous materials. The transport, use, and storage of hazardous materials during construction of the project would be subject to all applicable State and federal laws, such as the Hazardous Materials Transportation Act, Resource Conservation and Recovery Act, California Hazardous Material Management Act, and hazardous waste management and cleanup under CCR Title 22. Therefore, project construction would not create a significant hazard to the public and environment through the routine transport, use, or disposal of hazardous materials.
Operation of the proposed project would likely involve the use of common materials in the regular maintenance of homes and landscaping, such as cleaning and degreasing solvents, fertilizers, and pesticides. However, these maintenance activities would only require minor quantities of such products and would not involve the use of extremely hazardous substances. Use of these materials would be subject to compliance with existing regulations, standards, and guidelines established by the federal, State, and local agencies related to storage, use, and disposal of hazardous materials.
The transport, use, and storage of hazardous materials during operation of the project would be subject to all applicable State and federal laws, such as the Hazardous Materials Transportation Act, Resource Conservation and Recovery Act, California Hazardous Material Management Act, and hazardous waste management and cleanup under CCR Title 22. Other than small quantities of materials used in the maintenance of the residential community, operation of the proposed project would not involve the use or storage of substantial quantities of hazardous materials, nor would the project generate large quantities of hazardous waste. Therefore, operation of the proposed project would not create a significant hazard to the public or the environmental through the routine transport, use, or disposal of hazardous materials and impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
b. Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
As described above, construction of the project would involve the use of potentially hazardous materials such as vehicle fuels and fluids that could be released should an accidental leak or spill occur. However, as further discussed in Section 10, Hydrology and Water Quality, the SWPPP for the proposed project would include standard construction BMPs for the use and handling of such materials to avoid or reduce the potential for such conditions to occur. Typical construction BMPs include secondary containment and special storage for hazardous materials used on-site, the use of drip pans under vehicles and equipment, and provisioning of spill kits and cleanup plans in the event of an accidental spill. The transport, use, and storage of hazardous materials during construction of the project would be conducted in accordance with all applicable State and federal laws, such as the Hazardous Materials Transportation Act, Resource Conservation and Recovery Act, California Hazardous Material Management Act, and hazardous waste management and cleanup under CCR Title 22. Therefore, project construction would not create a significant hazard to the public or Environmental Checklist
Hazards and Hazardous Materials
Initial Study – Mitigated Negative Declaration 75
environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment.
Operation of the residential homes would not involve the use or storage of significant quantities of hazardous materials. Therefore, project operation is not anticipated to create a significant hazard to the public or environment through the accidental release of hazardous materials. Impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
c. Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within 0.25 mile of an existing or proposed school? The nearest school facilities to the project site are Chaparral Prep Academy approximately one mile south of the project site, Mesquite Elementary School 1.2 mile southwest of the project site, and Buena Vista Elementary School 1.6 miles south of the project site.
During construction of the proposed project, hazardous and potentially hazardous materials would be utilized for the transport and operation of vehicles and machinery. As discussed above, the transport, use, and storage of hazardous materials during the construction of the project would be conducted in accordance with all applicable State and federal laws, such as the Hazardous Materials Transportation Act, Resource Conservation and Recovery Act, California Hazardous Material Management Act, and hazardous waste management and cleanup under CCR Title 22. Compliance with these regulations would reduce the potential of accidental spills or hazardous emissions during construction. Furthermore, operation and maintenance of the proposed project would only involve the use of common cleaning and landscape maintenance materials comparable to those materials already in use in the project site vicinity.
Although the project site is in proximity to several schools, none are within 0.25 mile of the site, and the project would not regularly store or use significant quantities of hazardous materials, nor would it generate large quantities of hazardous waste. Therefore, the project would not emit hazardous emissions or handle hazardous or acutely hazardous materials that could result in significant impacts to nearby schools. Impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
d. Would the project be located on a site that is included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
Government Code Section 65962.5 requires the CalEPA to develop an updated Cortese List. The ĂůŝĨŽƌŶŝĂĞƉĂƌƚŵĞŶƚŽĨdŽdžŝĐ^ƵďƐƚĂŶĐĞƐŽŶƚƌŽů;d^ͿŝƐƌĞƐƉŽŶƐŝďůĞĨŽƌĂƉŽƌƚŝŽŶŽĨƚŚĞ information contained in the Cortese List. The analysis for this section included a review of the following resources to provide hazardous material release information:
SWRCB GeoTracker database
DTSC EnviroStor database
d^,ĂnjĂƌĚŽƵƐtĂƐƚĞĂŶĚ^ƵďƐƚĂŶĐĞƐ^ŝƚĞ>ŝƐƚ;ŽƌƚĞƐĞͿ A search of the EnviroStor database and Cortese List did not identify Resource Conservation and ZĞĐŽǀĞƌLJĐƚ;ZZͿƐŝƚĞƐǁŝƚŚŝŶϬ͘Ϯϱ-ŵŝůĞŽĨƉƌŽũĞĐƚƐŝƚĞ;d^ϮϬϮ3a; DTSC 2023bͿ͘/ŶĂĚĚŝƚŝŽŶ͕ according to GeoTracker, there are no LUST or other clean-up sites within 0.25 mile of the project Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
76 ƐŝƚĞ;^tZϮϬϮ3Ϳ͘dŚĞƌĞĨŽƌĞ͕ƚŚĞƉƌŽũĞĐƚŝƐŶŽƚůŽĐĂƚĞĚŽŶĂƐŝƚĞƚŚĂƚŝƐŝŶĐůƵĚĞĚŽŶĂůŝƐƚŽĨ hazardous material sites compiled pursuant to Government Code Section 65962.5 and would not create a significant hazard to the public or the environment. Thus, no impact would occur.
NO IMPACT
e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? The project site is not located within two miles of a public airport or within an airport land use plan.
The airport nearest to the project site is the Palmdale Regional Airport located approximately four miles to the northwest. Furthermore, there are no private airstrips in the vicinity of the project site.
Therefore, the project would not result in safety hazards related to airports for people residing or working at the project site and its vicinity. No impact would occur.
NO IMPACT
f. Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
The proposed project would involve the construction of 191 single-family housing units. During construction, temporary and occasional lane closures on East Palmdale Boulevard may be required, but two-way traffic would be maintained on these roadways and at construction entry points.
Pursuant to Chapter 14.40 of the PMC, as part of the City’s requirements for obtaining an excavation and traffic control permit, the contractor is required to submit to the City a construction work site traffic control plan for any street/lane closures for review and approval prior to the commencement of construction activities. The submittal and approval of the construction traffic control plan would ensure that construction would not interfere with local traffic or emergency response and evacuation procedures.
Vehicles, including emergency response vehicles, would be able to access the project site via the main entrance off East Palmdale Boulevard. The proposed project would not modify East Palmdale Boulevard, other than by adding the entrances to the project site. In addition, the project would not result in inadequate emergency access because it would be subject to Fire Department review of site plans, site construction, and the actual structures prior to occupancy to ensure that required fire protection safety features, including building sprinklers and emergency access, are implemented. Therefore, the proposed project would not impair implementation of or physically interfere with an adopted emergency response or evacuation plan. Potential impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
g. Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires?
Undeveloped wildland areas that are susceptible to wildfires are not located in proximity to the project site. As further discussed in Section 20, Wildfire, the project site is not located in a Fire ,ĂnjĂƌĚ^ĞǀĞƌŝƚLJŽŶĞ;&,^ͿŽƌsĞƌLJ,ŝŐŚ,ĂnjĂƌĚ^ĞǀĞƌŝƚLJŽŶĞ;s,&,^ͿĨŽƌǁŝůĚůĂŶĚ fires ;California Department of Forestry and Fire Protection >&/Z ϮϬϮϮͿ͘The nearest VHFHSZ is
located approximately 5.2 miles south of the project site located in a State Responsibility Area near Dƚ͘
ŵŵĂZŽĂĚ;>&/Z
ϮϬϮϮͿ͘ The nearest VHFHSZ within a Local Responsibility Area is located Environmental Checklist
Hazards and Hazardous Materials
Initial Study – Mitigated Negative Declaration 77
ϴ͘ϳŵŝůĞƐǁĞƐƚŽĨƚŚĞƉƌŽũĞĐƚƐŝƚĞ;>&/Z
ϮϬϮϮͿ͘Therefore, the project would not expose people or structures to a significant risk of loss injury or death involving wildland fires. No impact would occur.
NO IMPACT
Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
78 This page intentionally left blank.
Environmental Checklist
Hydrology and Water Quality
Initial Study – Mitigated Negative Declaration 79
10 Hydrology and Water Quality
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Violate any water quality standards or
waste discharge requirements or
otherwise substantially degrade surface
or ground water quality?
Ƒ Ƒ Ŷ Ƒ
b. Substantially decrease groundwater
supplies or interfere substantially with
groundwater recharge such that the
project may impede sustainable
groundwater management of the basin?
Ƒ Ƒ Ŷ Ƒ
c. Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river or through the addition
of impervious surfaces, in a manner
which would:
;ŝͿ Result in substantial erosion or
siltation on- or off-site; Ƒ Ƒ Ŷ Ƒ
;ŝŝͿ Substantially increase the rate or
amount of surface runoff in a
manner which would result in
flooding on- or off-site;
Ƒ Ƒ Ŷ Ƒ
;ŝŝŝͿ Create or contribute runoff water
which would exceed the capacity of
existing or planned stormwater
drainage systems or provide
substantial additional sources of
polluted runoff; or
Ƒ Ƒ Ŷ Ƒ
;ŝǀͿ Impede or redirect flood flows? Ƒ Ƒ Ŷ Ƒ
d. In flood hazard, tsunami, or seiche
zones, risk release of pollutants due to
project inundation?
Ƒ Ƒ Ŷ Ƒ
e. Conflict with or obstruct implementation
of a water quality control plan or
sustainable groundwater management
plan?
Ƒ Ƒ Ŷ Ƒ
Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
80 a. Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? Construction of the proposed project could result in soil erosion due to earth-moving activities such as excavation, grading, soil stockpiling, and the generation of water pollutants including trash, construction materials, and equipment fluids. Prior to initiation of construction, the project would be required to obtain coverage under a Construction General Permit to comply with Clean Water ĐƚEĂƚŝŽŶĂůWŽůůƵƚŝŽŶŝƐĐŚĂƌŐĞ
ůŝŵŝŶĂƚŝŽŶ^LJƐƚĞŵ;EW
^ͿƌĞƋƵŝƌĞŵĞŶƚƐ͕ĂĚŵŝŶŝƐƚĞƌĞĚďLJƚŚĞ>ŽƐ
Angeles Regional WaƚĞƌYƵĂůŝƚLJŽŶƚƌŽůŽĂƌĚ;>ZtYͿ͘/ŶĂĚĚŝƚŝŽŶ͕ƚŚĞƉƌŽũĞĐƚǁŽƵůĚ be required to comply with the LARWQCB’s Water Quality Control Plan. Under the conditions of the Construction General Permit and the Water Quality Control Plan, the developer would be required to eliminate or reduce non-storm water discharges, develop and implement a SWPPP for the project construction activities, and perform inspections of the storm water pollution prevention measures and control practices to ensure conformance with the site SWPPP. The Construction General Permit prohibits the discharge of materials other than storm water discharges and prohibits all discharges that contain a hazardous substance in excess of reportable quantities established by 40 CFR 117.3 or 40 CFR 302.4. The General Permit also specifies that construction activities must meet all applicable provisions of Sections 30 and 402 of the Clean Water Act. Compliance with the permit would require the development and implementation of a SWPPP and associated BMPs during project construction.
Conformance with Section 402 of the Clean Water Act would ensure that construction of the proposed project would not violate any water quality standards or waste discharge requirements. In addition, Chapter 14.05 Section 14.05.080 of the PMC requires project applicants to complete a soil management report in order to reduce runoff.
The requirements of the applicable City and State ordinances are intended to protect water quality and support attainment of water quality standards in downstream receiving water bodies.
Therefore, operation of the project would not violate any water quality standards or waste discharge requirements, nor would it otherwise substantially degrade water quality. Impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
b. Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
The project site lies above the Antelope Valley Groundwater Basin. Though the project would increase the amount of impervious surface on the site compared to existing conditions, the incorporation of the biofiltration system and underground vault would ensure stormwater is captured and treated on the project site, from which it would be infiltrated into the ground.
The project site lies within the service boundaries of the WĂůŵĚĂůĞtĂƚĞƌŝƐƚƌŝĐƚ;WtͿ͘ PWD primarily sources its water supply from California Aqueduct, Littlerock Dam, the Antelope Valley 'ƌŽƵŶĚǁĂƚĞƌĂƐŝŶ͕ĂŶĚƚŚĞ>ĞƐůŝĞK͘ĂƌƚĞƌtĂƚĞƌdƌĞĂƚŵĞŶƚWůĂŶƚ;>KtdWͿ. As discussed in Section 18, Utilities and Service Systems, the proposed project’s water demand would not substantially affect the PWD’s supplies. According to its 2020 Urban Water Management Plan, PWD would be able to provide reliable water supplies for an average year ;Wt2021Ϳ. However, PWD anticipates that during single-dry year conditions, demands would exceed existing supplies starting in 2030 and that during multiple dry year conditions, demands would exceed existing supplies ƐƚĂƌƚŝŶŐŝŶϮϬϰϱ;WtϮϬϮϬͿ. PWD is currently in the process of developing the Palmdale Regional Water Augmentation Project, which is anticipated to provide 5,325 AFY for surface water Environmental Checklist
Hydrology and Water Quality
Initial Study – Mitigated Negative Declaration 81
augmentation or groundwater injection. In addition, PWD has identified numerous short and long- term transfer and exchange opportunities, as described in Section 4.3.3.2, which would provide ĂĚĚŝƚŝŽŶĂůƐƵƉƉůŝĞƐƚŽŚĞůƉŽǀĞƌĐŽŵĞƐƵƉƉůLJƐŚŽƌƚĂŐĞƐ;WtϮϬϮϬͿ͘PWD has identified various demand reduction responses for their clients in order to offset interrupted or reduced water supplies. Such measures include use of the PWD Water Use Rebate Program, repairing water leaks, prohibiting outside car washing, restricted landscape watering, shut off of all fountains or outdoor aesthetic water features, and prohibiting the watering of hardscapes. Therefore, it is anticipated that existing supplies in combination with identified future and potential water supply opportunities and demand reduction responses would enable PWD to meet all future water demands under all hydrologic conditions through the end of the planning period.
Therefore, operational water use associated with the proposed project would not significantly deplete groundwater supplies or impede sustainable groundwater management of the Antelope Valley Groundwater Basins. Impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
c.(i) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would result in substantial erosion or siltation on- or off-site?
c.(ii) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? c.(iii) Would the project substantially alter the ex isting drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner that would create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?
c.(iv) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would impede or redirect flood flows? The project would not alter the course of a stream or river since the project site and surrounding area do not contain water bodies. However, the project would alter internal site drainage through the addition of impervious surfaces, which could increase stormwater runoff volume and flow.
Drainage improvements for the development would consist of catch basins connected to underground storm drain which outlets into a detention basin located at lot 8 of the TTM. This basin would accept flows from the community and detain from flowing offsite while also infiltrating water back into the groundwater basin. Should a large storm event occur, the basin has been designed with an overflow pump to pump water so that all standing water is removed from the basin within 72-hours. As shown in Figure 3, new drainage features would be constructed on-site to minimize potential flooding and offsite stormwater flows, in accordance with the requirements of the PMC Section 08.04.2ϬϬ;ĚŽƉƚŝŽŶŽĨĚŵŝŶŝƐƚƌĂƚŝǀĞWƌŽǀŝƐŝŽŶƐĨŽƌƚŚĞPalmdale Building Code, Plumbing Code, Mechanical Code, Electrical Code, Residential Code and Green Building CŽĚĞͿ. The applicable provisions of the PMC are intended to protect water quality and support attainment of water quality standards in downstream receiving water bodies. Compliance with the PMC requires Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
82 preparation of a ^ƚŽƌŵǁĂƚĞƌDĂŶĂŐĞŵĞŶƚWůĂŶ;^tDWͿ that illustrates the capabilities of on-site BMPs to capture and treat flows from a ten-year storm event. Furthermore, the SWMP includes an assessment of whether drainage alterations would create a Hydrologic Condition of Concern due to hydromodification, such as changes in watershed hydrologic processes and runoff that result in increased streamflow and sediment transport. As part of the project’s final design review, the project would be required to submit a SWMP demonstrating adequate stormwater retention using BMPs.
The project would implement BMPs to capture and retain stormwater on-site, for compliance with the PMC and MS4 Permit requirements. Implementation of BMPs would slow the velocity of water and allow sediment and debris to settle out of the water column, as well as capture stormwater on the site, thereby minimizing the potential for downstream flooding, erosion/siltation, pollution, or exceedances of stormwater drainage system capacity. Impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
d. In flood hazard, tsunami, or seiche zones, wo uld the project risk release of pollutants due to project inundation?
The project site is designated Zone X on the most recent Federal Emergency Management Agency ;&
DͿ&ůŽŽĚ/ŶƐƵƌĂŶĐĞZĂƚĞDĂƉ͕ŝŶĚŝĐĂƚŝŶŐŝƚŝƐǁŝƚŚŝŶĂŶĂƌĞĂŽĨŵŝŶŝŵĂůĨůŽŽĚŚĂnjĂƌĚ;& D
ϮϬϬϴͿ͘The project site is approximately 48 miles from the Pacific Ocean and not subject to tsunami.
The nearest inland water body subject to seiche is the Harold Reservoir, located 4.75 miles southwest of the project site. The project site is not located in the inundation zone for the Harold Reservoir ;ĂůŝĨŽƌŶŝĂĞƉĂƌƚŵĞnt of Water Resources 2015Ϳ͘&ƵƌƚŚĞƌŵŽƌĞ, the project does not involve storage or processing of pollutants, other than minor quantities of typical household hazardous wastes, such as cleaning agents and landscaping maintenance materials, that would be released due to inundation should such an event occur. Therefore, the project would result in a less- than-significant impact related to the release of pollutants due to project inundation.
LESS THAN SIGNIFICANT IMPACT
e. Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
As discussed under Threshold 10a above, project construction and operational activities would be required to comply with the LARWQCB’s Water Quality Control Plan, NPDES Construction General Permit, and MS4 Permit by preparing and adhering to a SWPPP and SWMP. With implementation of the required SWPPP and SWMP, the proposed project would adequately treat, detain, and control stormwater flows on the project site and would not conflict with or obstruct the LARWQCB Water Quality Control Plan. As discussed under Threshold 10b, the project would receive water from the Antelope Valley Basin through service provided by Palmdale Water Company. These basins are adjudicated, and water demand generated by the proposed project would not conflict with or obstruct the sustainable management of these basins. The project site lies above the Antelope Valley Basin, which was adjudicated in 2015 and is controlled by a court-mandated water management plan to ensure its long-term sustainability. The proposed residential uses on the project site would not be point source generators of water pollutants that could affect the Antelope Valley Basin, and the project does not propose ground water extraction. Therefore, project construction and operation would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. Impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
Environmental Checklist
Land Use and Planning
Initial Study – Mitigated Negative Declaration 83
11 Land Use and Planning
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Physically divide an established
community? Ƒ Ƒ Ƒ Ŷ
b. Cause a significant environmental impact
due to a conflict with any land use plan,
policy, or regulation adopted for the
purpose of avoiding or mitigating an
environmental effect?
Ƒ Ƒ Ŷ Ƒ
a. Would the project physically divide an established community? The project site is currently vacant. The proposed project involves the construction of 191 single- family residential homes. Primary vehicular access to the site would connect to East Palmdale Boulevard. Pedestrians would be able to access the project site via the sidewalks along East Palmdale Boulevard. Streets that would be constructed within the project would link the community to East Palmdale Boulevard to the north as well as the existing residential projects to both the east and west of the project. No impact would occur.
NO IMPACT
b. Would the project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
The proposed project involves the construction of a residential community on a site with a General Plan land use designation of SFR-3 ;Single Family ResidentialͿĂŶĚ a zoning designation of SFR-3 ;Single Family ResidentialͿ͕ǁŚŝĐŚƉĞƌŵŝƚƐĚĞŶƐŝƚŝĞƐŽĨ0 to 6 dwelling units per acre. The proposed project would be consistent with the intent of the General Plan to meet the Regional Housing Needs Assessment housing needs by creating a single-family housing development on a vacant site, thereby adding to the housing stock in the city.
The proposed development would comply with all applicable policies contained in the General Plan and the development standards for the SFR-3 zone. Accordingly, the proposed project would not conflict with the City’s General Plan or zoning standards. In addition, as described in Section 3, Air Quality, and Section 8, Greenhouse Gas Emissions, the proposed project would be consistent with the goals and policies of the AQMP and SCAG’s 2020-2045 RTP/SCS upon implementation of Mitigation Measure GHG-1. There are no environmental impacts that would result as a specific consequence of the proposed changes to the site’s General Plan land use designation, beyond what is already evaluated and disclosed by this IS-MND. Therefore, the proposed project would not conflict with land use plans, policies, and regulations adopted for the purpose of avoiding or mitigating an environmental effect, and impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
Maison’s Palmdale Boulevard 150, LLC
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Environmental Checklist
Mineral Resources
Initial Study – Mitigated Negative Declaration 85
12 Mineral Resources
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Result in the loss of availability of a
known mineral resource that would be of
value to the region and the residents of
the state? Ƒ Ƒ Ƒ Ŷ
b. Result in the loss of availability of a
locally important mineral resource
recovery site delineated on a local
general plan, specific plan, or other land
use plan?
Ƒ Ƒ Ƒ Ŷ
a. Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
b. Would the project result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? dŚĞĂůŝĨŽƌŶŝĂ^ƵƌĨĂĐĞDŝŶŝŶŐĂŶĚZĞĐůĂŵĂƚŝŽŶĐƚŽĨϭϵϳϱ;^DZͿǁĂƐĞŶĂĐƚĞĚƚŽƉƌŽŵŽƚĞ conservation and protection of significant mineral deposits. According to the California Department of Conservation Mineral Land Classification Maps, the project site is in an area classified as Mineral ZĞƐŽƵƌĐĞŽŶĞ;DZͿ-2, which indicates that the project area contains identified mineral resources ;Kϭϵ8ϰͿ͘ĚĚŝƚŝŽŶĂůůLJ͕ƚŚĞŝƚLJ͛Ɛ'ĞŶĞƌĂůWůĂŶƐƚĂƚĞƐƚŚĂƚƚŚĞcity is located in a MRZ-2 area.
Though the project site is in an area with identified mineral resources, the project site has not historically been used for mineral resource recovery and is surrounded by urbanized area primarily developed with residential. The project site and its vicinity are therefore not used for or compatible with mineral deposit recovery. In addition, according to the California Geologic Energy Management ŝǀŝƐŝŽŶ;Ăů'
DͿ͕ƚŚĞƌĞĂƌĞŶŽĂĐƚŝǀĞŽŝůĞxtraction-ƐŝƚĞƐŝŶƚŚĞǀŝĐŝŶŝƚLJŽĨƚŚĞƉƌŽũĞĐƚ;Ăů' D
ϮϬϮϮͿ͘ Furthermore, the project site is not within the City’s Mineral Resource Extraction land use designation or zone. Given the existing conditions of the project site and its surroundings, the proposed project would not result in the loss of availability of a known mineral resource, and there would be no impact.
NO IMPACT
Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
86 This page intentionally left blank.
Environmental Checklist
Noise
Initial Study – Mitigated Negative Declaration 87
13 Noise
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project result in:
a. Generation of a substantial temporary or
permanent increase in ambient noise
levels in the vicinity of the project in
excess of standards established in the
local general plan or noise ordinance, or
applicable standards of other agencies?
Ƒ Ƒ Ŷ Ƒ
b. Generation of excessive groundborne
vibration or groundborne noise levels? Ƒ Ƒ Ŷ Ƒ
c. For a project located within the vicinity
of a private airstrip or an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public
airport or public use airport, would the
project expose people residing or
working in the project area to excessive
noise levels?
Ƒ Ƒ Ƒ Ŷ
Noise Setting
Overview of Noise
Sound is a vibratory disturbance created by a moving or vibrating source, which is capable of being detected by the hearing organs. Noise is defined as sound that is loud, unpleasant, unexpected, or undesired and may therefore be classified as a more specific group of sounds. The effects of noise on people can include general annoyance, interference with speech communication, sleep ĚŝƐƚƵƌďĂŶĐĞ͕ĂŶĚ͕ŝŶƚŚĞĞdžƚƌĞŵĞ͕ŚĞĂƌŝŶŐŝŵƉĂŝƌŵĞŶƚ;ĂůƚƌĂŶƐϮϬϮϬĂͿ͘ H
UMAN PERCEPTION OF SOUND
EŽŝƐĞůĞǀĞůƐĂƌĞĐŽŵŵŽŶůLJŵĞĂƐƵƌĞĚŝŶĚĞĐŝďĞůƐ;ĚͿƵƐŝŶŐƚŚĞ-weighted sound pressure level ;ĚͿ͘dŚĞ-weighting scale is an adjustment to the actual sound pressure levels so that they are consistent with the human hearing response. Decibels are measured on a logarithmic scale that quantifies sound intensity in a manner similar to the Richter scale used to measure earthquake magnitudes. A doubling of the energy of a noise source, such as doubling of traffic volume, would increase the noise level by 3 dB; dividing the energy in half would result in a 3 dB decrease ;ĂůƚƌĂŶƐ ϮϬϮϬĂͿ͘
Human perception of noise has no simple correlation with sound energy: the perception of sound is not linear in terms of dBA or in terms of sound energy. Two sources do not “sound twice as loud” as Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
88 one source. It is widely accepted that the average healthy ear can barely perceive changes of 3 dBA, ŝŶĐƌĞĂƐĞŽƌĚĞĐƌĞĂƐĞ;ŝ͘Ğ͕͘ƚǁŝĐĞƚŚĞƐŽƵŶĚĞŶĞƌŐLJͿ͖ƚŚĂƚĂĐŚĂŶŐĞŽĨϱĚŝƐƌĞĂĚŝůLJƉĞƌĐĞƉƚŝďůĞ ;ϴ ƚŝŵĞƐƚŚĞƐŽƵŶĚĞŶĞƌŐLJͿ͖ĂŶĚƚŚĂƚĂŶŝŶĐƌĞĂƐĞ;ŽƌĚĞĐƌĞĂƐĞͿŽĨϭϬĚƐŽƵŶĚƐƚǁŝĐĞ;ŚĂůĨͿĂƐůŽƵĚ ;ϭϬ͘ϱƚŝŵĞƐ ƚŚĞƐŽƵŶĚĞŶĞƌŐLJͿ;ĂůƚƌĂŶƐϮϬϮϬĂͿ͘
SOUND PROPAGATION AND SHIELDING
Sound changes in both level and frequency spectrum as it travels from the source to the receiver.
The most obvious change is the decrease in the noise level as the distance from the source increases. The manner by which noise reduces with distance depends on factors such as the type of ƐŽƵƌĐĞƐ;Ğ͘Ő͕͘ƉŽŝŶƚŽƌůŝŶĞͿ͕ƚŚĞƉĂƚŚƚŚĞƐŽƵŶĚǁŝůůƚƌĂǀĞů͕ƐŝƚĞĐŽŶĚŝƚŝŽŶƐ͕ĂŶĚŽďƐƚƌƵĐƚŝŽŶƐ͘ Sound levels are described as either a “sound power level” or a “sound pressure level,” which are two distinct characteristics of sound. Both share the same unit of measurement, dB. However, ƐŽƵŶĚƉŽǁĞƌ;ĞdžƉƌĞƐƐĞĚĂƐ>
pwͿŝƐƚŚĞĞŶĞƌŐLJĐŽŶǀĞƌƚĞĚŝŶƚŽƐŽƵŶĚďLJƚŚĞƐŽƵƌĐĞ͘ƐƐŽƵŶĚĞŶĞƌŐLJ travels through the air, it creates a sound wave that exerts pressure on receivers, such as an eardrum or microphone, which is the sound pressure level. Sound measurement instruments only measure sound pressure, and noise level limits are typically expressed as sound pressure levels.
EŽŝƐĞůĞǀĞůƐĨƌŽŵĂƉŽŝŶƚƐŽƵƌĐĞ;Ğ͘Ő͕͘ĐŽŶƐƚƌƵĐƚŝŽŶ͕ŝŶĚƵƐƚƌŝĂůŵĂĐŚŝŶĞƌLJ͕ĂŝƌĐŽŶĚŝƚŝŽŶŝŶŐƵŶŝƚƐͿ typically attenuate, or drop off, at a rate of 6 dBA per doubling of distance. Noise from a line source ;Ğ͘Ő͕͘ƌŽĂĚǁĂLJ͕ƉŝƉĞůŝŶĞ͕ƌĂŝůƌŽĂĚͿƚLJƉŝĐĂůůLJĂƚƚĞŶƵĂƚĞƐĂƚĂďŽƵƚϯĚƉĞƌĚŽƵďůŝŶŐŽĨĚŝƐƚĂŶĐĞ ;ĂůƚƌĂŶƐϮϬϮϬĂͿ͘EŽŝƐĞůĞǀĞůƐŵĂLJĂůƐŽďĞƌĞĚƵĐĞĚďLJŝŶƚĞƌǀĞŶŝŶŐƐƚƌƵĐƚƵƌĞƐ͖ƚŚĞĂŵŽƵŶƚŽĨ attenuation provided by this “shielding” depends on the size of the object and the frequencies of the noise levels. Natural terrain features, such as hills and dense woods, and man-made features, such as buildings and walls, can significantly alter noise levels. Generally, any large structure blocking the line of sight will provide at least a 5-dBA reduction in source noise levels at the receiver ;&ĞĚĞƌĂů,ŝŐŚǁĂLJĚŵŝŶŝƐƚƌĂƚŝŽŶ&,tϮϬϭϭͿ͘^ƚƌƵĐƚƵƌĞƐĐĂŶƐƵďƐƚĂŶƚŝĂůůLJƌĞĚƵĐĞĞdžƉŽƐƵƌĞƚŽ noise as well. The FHWA’s guidance indicates that modern building construction generally provides an exterior-to-interior noise level reduction of 10 dBA with open windows and an exterior-to- interior noise level reduction of 20 to 35 ĚǁŝƚŚĐůŽƐĞĚǁŝŶĚŽǁƐ;&,tϮϬϭϭͿ͘ D
ESCRIPTORS
The impact of noise is not a function of loudness alone. The time of day when noise occurs and the duration of the noise are also important factors of project noise impact. Most noise that lasts for more than a few seconds is variable in its intensity. Consequently, a variety of noise descriptors ŚĂǀĞďĞĞŶĚĞǀĞůŽƉĞĚ͘dŚĞŶŽŝƐĞĚĞƐĐƌŝƉƚŽƌƐƵƐĞĚĨŽƌƚŚŝƐƐƚƵĚLJĂƌĞƚŚĞĞƋƵŝǀĂůĞŶƚŶŽŝƐĞůĞǀĞů;> eqͿ͕
Day-EŝŐŚƚǀĞƌĂŐĞ>ĞǀĞů;E>͖ŵĂLJĂůƐŽďĞƐLJŵďŽůŝnjĞĚĂƐ>dnͿ͕ĂŶĚƚŚĞĐŽŵŵƵŶŝƚLJŶŽŝƐĞĞƋƵŝǀĂůĞŶƚ ůĞǀĞů;E
>͖ŵĂLJ also be symbolized as LdenͿ͘
Leq is one of the most frequently used noise metrics; it considers both duration and sound power level. The Leq is defined as the single steady-state A-weighted sound level equal to the average sound energy over a time period. When no time period is specified, a 1-hour period is assumed. The L
max is the highest noise level within the sampling period, and the Lmin is the lowest noise level within the measuring period. Normal conversational levels are in the 60 to 65-dBA Leq range; ambient noise levels greater than 65 dBA Leq ĐĂŶŝŶƚĞƌƌƵƉƚĐŽŶǀĞƌƐĂƚŝŽŶƐ;&ĞĚĞƌĂůdƌĂŶƐŝƚĚŵŝŶŝƐƚƌĂƚŝŽŶ&d ϮϬϭϴͿ͘
Noise that occurs at night tends to be more disturbing than that occurring during the day.
Community noise is usually measured using Day-EŝŐŚƚǀĞƌĂŐĞ>ĞǀĞů;>dnͿ͕ǁŚŝĐŚŝƐƚŚĞϮϰ-hour Environmental Checklist
Noise
Initial Study – Mitigated Negative Declaration 89
ĂǀĞƌĂŐĞŶŽŝƐĞůĞǀĞůǁŝƚŚĂнϭϬĚƉĞŶĂůƚLJĨŽƌŶŽŝƐĞŽĐĐƵƌƌŝŶŐĚƵƌŝŶŐŶŝŐŚƚƚŝŵĞŚŽƵƌƐ;ϭϬ͗ϬϬƉ͘ŵ͘ƚŽ ϳ͗ϬϬĂ͘ŵ͘Ϳ͘ŽŵŵƵŶŝƚLJŶŽŝƐĞĐĂŶĂůƐŽďĞŵĞĂƐƵƌĞĚƵƐŝŶŐŽŵŵƵŶŝƚLJEŽŝƐĞ ƋƵŝǀĂůĞŶƚ>ĞǀĞů;E
>
or LDENͿ͕ǁŚŝĐŚŝƐƚŚĞϮϰ-hour average noise level with a +5 dBA penalty for noise occurring from 7:00 p.m. to 10:00 p.m. and a +10 dBA penalty for noise occurring from 10:00 p.m. to 7:00 a.m. ;ĂůƚƌĂŶƐϮϬϮϬĂͿ͘3 The relationship between the peak-hour Leq value and the Ldn/CNEL depends on the distribution of noise during the day, evening, and night; however noise levels described by Ldn and CNEL usually differ by 1 dBA or less. Quiet suburban areas typically have CNEL noise levels in the ƌĂŶŐĞŽĨϰϬƚŽϱϬE
>͕ǁŚŝůĞĂƌĞĂƐŶĞĂƌĂƌƚĞƌŝĂůƐƚƌĞĞƚƐĂƌĞŝŶƚŚĞϱϬƚŽϲϬнE >ƌĂŶŐĞ;&dϮϬϭϴͿ͘
Groundborne Vibration
Groundborne vibration of concern in environmental analysis consists of the oscillatory waves that move from a source through the ground to adjacent structures. The number of cycles per second of oscillation makes up the vibration frequency, described in terms of Hz. The frequency of a vibrating object describes how rapidly it oscillates. The normal frequency range of most groundborne vibration that can be felt by the human body starts from a low frequency of less than 1 Hz and goes to a high of about 200 Hz ;ƌŽĐŬĞƌϮϬϬϳͿ͘
While people have varying sensitivities to vibrations at different frequencies, in general they are most sensitive to low-frequency vibration. Vibration in buildings, such as from nearby construction activities, may cause windows, items on shelves, and pictures on walls to rattle. Vibration of building components can also take the form of an audible low-frequency rumbling noise, referred to as groundborne noise. Groundborne noise is usually only a problem when the originating vibration spectrum is dominated ďLJĨƌĞƋƵĞŶĐŝĞƐŝŶƚŚĞƵƉƉĞƌĞŶĚŽĨƚŚĞƌĂŶŐĞ;ϲϬƚŽϮϬϬ,njͿ͕ŽƌǁŚĞŶ foundations or utilities, such as sewer and water pipes, physically connect the structure and the ǀŝďƌĂƚŝŽŶƐŽƵƌĐĞ;&dϮϬϭϴͿ͘ůƚŚŽƵŐŚŐƌŽƵŶĚďŽƌŶĞǀŝďƌĂƚŝŽŶŝƐƐŽŵĞƚŝŵĞƐŶŽƚŝĐĞĂďůĞŝŶŽutdoor environments, it is almost never annoying to people who are outdoors. The primary concern from vibration is that it can be intrusive and annoying to building occupants and vibration-sensitive land uses.
sŝďƌĂƚŝŽŶĂŵƉůŝƚƵĚĞƐĂƌĞƵƐƵĂůůLJĞdžƉƌĞƐƐĞĚŝŶƉĞĂŬƉĂƌƚŝĐůĞǀĞůŽĐŝƚLJ;WWsͿ͕ǁŚŝĐŚŝƐŶŽƌŵĂůůLJ ĚĞƐĐƌŝďĞĚŝŶŝŶĐŚĞƐƉĞƌƐĞĐŽŶĚ;ŝŶͬƐĞĐͿ͘WWsŝƐĚĞĨŝŶĞĚĂƐƚŚĞŵĂdžŝŵƵŵŝŶƐƚĂŶƚĂŶĞŽƵƐƉŽƐŝƚŝǀĞŽƌ negative peak of a vibration signal. PPV is often used in monitoring of blasting vibration and other construction activities because it is related to the stresses that are experienced by buildings ;ĂůƚƌĂŶƐϮϬϮϬͿ͘
Project Area Noise Setting
The most common source of noise in the project site vicinity is vehicular traffic from East Palmdale Boulevard and 47th Street East. To characterize ambient sound levels at and near the project site, three 15-minute sound level measurements and one 24-hour sound level measurement were conducted on Wednesday, September 21, 2022. Short-dĞƌŵEŽŝƐĞDĞĂƐƵƌĞŵĞŶƚϭ;^d-ϭͿǁĂƐƚĂŬĞŶ at the northern edge of the project site to capture noise levels from East Palmdale Boulevard. ST-2 was taken at the southwestern edge of the project site near the adjacent single-family residences.
ST-3 was conducted at the center of the project site. Table 16 and Table 17 summarize the results of the noise measurements and Table 18 shows the recorded traffic volumes. Noise measurement locations are shown in Figure 4. Detailed sound level measurement data are included in Appendix F.
3 Because DNL and CNEL are typically used to assess human exposure to noise, the use of A-ǁĞŝŐŚƚĞĚƐŽƵŶĚƉƌĞƐƐƵƌĞůĞǀĞů;ĚͿŝƐ implicit. Therefore, when expressing noise levels in terms of DNL or CNEL, the dBA unit is not included.
Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
90 Table 16 Project Site Vicinity Sound Level Monitoring Results- Short-Term Measurement Location Sample Times
Approximate Distance
to Primary Noise Source
Leq
(dBA)
Lmin
(dBA)
Lmax
(dBA)
ST-1 Northern Boundary of
Project Site
10:13 – 10:28 a.m. 50 feet to centerline
of East Palmdale Boulevard
66.2 47.6 79.0
ST-2 Southwestern Boundary of
Project Site
9:49 – 10:04 a.m. 1,200 feet to centerline of East
Palmdale Boulevard
42.0 36.9 55.9
ST-3 Center of Project Site 9:26 – 9:41 a.m. 650 feet to centerline of East Palmdale Boulevard
44.3 38.9 52.7
Leq = average noise level equivalent; dBA = A-weighted decibel; Lmin = minimum instantaneous noise level; Lmax = maximum instantaneous noise level
Detailed sound level measurement data are included in Appendix F.
Table 17 Project Site Vicinity Noise Monitoring Results – Long Term Sample Time dBA Leq Sample Time dBA Leq
24-hour Measurement – Center of Project Site, 500 Feet from Palmdale Boulevard – September 21-22, 2022 10:59 a.m. 49.7 10:59 p.m. 42.1
11:59 a.m. 48.1 11:59 p.m. 48.3
12:59 p.m. 48.4 12:59 a.m. 40.3
1:59 p.m. 50.6 1:59 a.m. 39.0
2:59 p.m. 49.3 2:59 a.m. 41.6
3:59 p.m. 51.5 3:59 a.m. 45.0
4:59 p.m. 47.8 4:59 a.m. 55.1
5:59 p.m. 49.9 5:59 a.m. 50.4
6:59 p.m. 53.3 6:59 a.m. 51.5
7:59 p.m. 49.5 7:59 a.m. 50.9
8:59 p.m. 46.5 8:59 a.m. 50.1
9:59 p.m. 48.9 9:59 a.m. 41.2
24-hour Noise Level (CNEL) 56.0
Leq = average noise level equivalent; dBA = A-weighted decibel; CNEL = Community Noise Equivalent Level Detailed sound level measurement data are included in Appendix F.
Table 18 Sound Level Monitoring Traffic Counts
Measurement Roadway Traffic Autos Medium Trucks Heavy Trucks ST-1 East Palmdale Boulevard 15-minute count 202 3 3
One-hour Equivalent 808 12 12
Percent 97% 1.5% 1.5%
Detailed sound level measurement data are included in Appendix F.
Environmental Checklist
Noise
Initial Study – Mitigated Negative Declaration 91
Figure 4 Noise Meas urement Locations
Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
92 SENSITIVE RECEIVERS
Noise exposure goals for various types of land uses reflect the varying noise sensitivities associated ǁŝƚŚƚŚŽƐĞƵƐĞƐ͘/ŶƚŚĞŝƚLJŽĨWĂůŵĚĂůĞ͕ŶŽŝƐĞƐĞŶƐŝƚŝǀĞůĂŶĚƵƐĞƐ;ĂůƐŽƌĞĨĞƌƌĞĚƚŽĂƐ͞ƐĞŶƐŝƚŝǀĞ ƌĞĐĞŝǀĞƌƐ͟ͿŝŶĐůƵĚĞ residences, schools, libraries, hospitals/medical facilities, and assisted living ĨĂĐŝůŝƚŝĞƐ;ŝƚLJŽĨWĂůŵĚĂůĞϮϬϮϮaͿ͘
Vibration-sensitive receivers, which are similar to noise-sensitive receivers, include residences and institutional uses, such as schools, churches, hospitals and libraries. Vibration-sensitive receivers also include buildings where vibrations may interfere with vibration-sensitive equipment that is ĂĨĨĞĐƚĞĚďLJǀŝďƌĂƚŝŽŶůĞǀĞůƐƚŚĂƚŵĂLJďĞǁĞůůďĞůŽǁƚŚŽƐĞĂƐƐŽĐŝĂƚĞĚǁŝƚŚŚƵŵĂŶĂŶŶŽLJĂŶĐĞ;Ğ͘Ő͕͘ ƌĞĐŽƌĚŝŶŐƐƚƵĚŝĞƐŽƌŵĞĚŝĐĂůĨĂĐŝůŝƚŝĞƐǁŝƚŚƐĞŶƐŝƚŝǀĞĞƋƵŝƉŵĞŶƚͿ͘ƐƐŚŽǁŶŝŶFigure 2, the nearest sensitive receivers to the project site are the single-family homes adjacent to the project site to the south and west.
Regulatory Setting
Federal Transit Administration (FTA) Transit Noise and Vibration Impact Assessment Manual
There are no federal regulations directly applicable to the proposed project. However, the FTA provides reasonable criteria for assessing construction noise impacts based on the potential for adverse community reaction in their Transit Noise and Vibration /ŵƉĂĐƚƐƐĞƐƐŵĞŶƚDĂŶƵĂů;&d ϮϬϭϴͿ͘&ŽƌƌĞƐŝĚĞŶƚŝĂůƵƐĞƐ͕ƚŚĞĚĂLJƚŝŵĞŶŽŝƐĞƚŚƌĞƐŚŽůĚŝƐϴϬĚ>ĞƋĨŽƌĂŶϴ-hour period. In ĂĚĚŝƚŝŽŶ͕ƚŚĞ&dƌĞĐŽŵŵĞŶĚƐĂǀŝďƌĂƚŝŽŶůŝŵŝƚŽĨϬ͘ϮŝŶĐŚĞƐƉĞƌƐĞĐŽŶĚ;ŝŶͬƐĞĐͿƉĞĂŬƉĂƌƚŝĐůĞ ǀĞůŽĐŝƚLJ;WWsͿĨŽƌƉŽƚĞŶƚŝĂůďƵŝůĚŝng architectural damage at residential buildings and 0.3 in/sec PPV at commercial buildings.
Sections 5 and 6 of manual addresses the federal guidelines used to evaluate a project for potential vibration impacts. The vibration impact analysis is a multi-step process used for determining vibration analysis level, determining vibration impact criteria, and evaluating vibration impact. FTA guidelines state that the threshold of perception for humans is approximately 65 vibration decibels ;sĚͿ͘ǀŝďƌĂƚŝŽŶůĞǀĞůŽĨϴϱsĚĐĂŶƌĞƐƵůƚŝŶƐƚƌŽŶŐĂŶŶŽLJĂŶĐĞ͕ĂŶĚĂǀŝďƌĂƚŝŽŶůĞǀĞůŽĨϭϬϬsĚŝƐ the thresholĚŽĨƉŽƚĞŶƚŝĂůĚĂŵĂŐĞ;&dϮϬϭϴͿ͘ŽŶƐƚƌƵĐƚŝŽŶĂĐƚŝǀŝƚLJĐĂŶƌĞƐƵůƚŝŶǀĂƌLJŝŶŐĚĞŐƌĞĞƐŽĨ ground vibration depending on the equipment and methods employed, and older and more fragile buildings must receive special consideration. These guidelines are advisory and should be used to assess the impacts of ground borne vibrations created from transit and construction sources.
California Building Code
California Code of Regulations Title 24, Building Standards Administrative Code, Part 2, and the California Building Code codify the state noise insulation standards. These noise standards apply to new construction in California to control interior noise levels as they are affected by exterior noise sources. The regulations specify that interior noise levels for residential and school land uses should not exceed 45 CNEL.
City of Palmdale General Plan
The State of California requires each city and county to adopt a Noise Element as part of its General Plan. Such Noise Elements must contain a Land Use/ Noise Compatibility Matrix. The objective of noise compatibility guidelines is to provide the community with a means of judging the noise Environmental Checklist
Noise
Initial Study – Mitigated Negative Declaration 93
ĞŶǀŝƌŽŶŵĞŶƚƚŚĂƚŝƚĚĞĞŵƐƚŽďĞŐĞŶĞƌĂůůLJĂĐĐĞƉƚĂďůĞ͘ƌĞĐŽŵŵĞŶĚĞĚ;ďƵƚŶŽƚŵĂŶĚĂƚŽƌLJͿŵĂƚƌŝdž is presented in the “Guidelines for the Preparation and Content of Noise Elements of the General WůĂŶ͟;Governor’s Office of Planning and Research [OPR] ϮϬϬϯͿ͘dŚĞŝƚLJŽĨWĂůŵĚĂůĞ>ĂŶĚ Use/Noise Compatibility Matrix in the 2022 General Plan Noise Element is based on, and is similar to the California Land Use/Noise Compatibility Matrix. The matrix is used to determine whether a proposed new use would be compatible with the ambient noise environment in which it is proposed as well as whether or not the proposed new use would create noise compatibility conflicts with established uses. The compatibility table, shown in Figure 5, illustrates the ranges of community noise exposure in terms of what is “normally acceptable,” “conditionally acceptable,” “normally unacceptable,” and “clearly unacceptable.”
Denotation of a land use as “normally acceptable” implies that the highest noise level in that exposure level is the maximum desirable for existing or conventional construction that does not incorporate any special acoustical treatment. In general, evaluation of land use that falls into the “normally acceptable,” “conditionally acceptable,” or “normally unacceptable” noise environments should analyze other potential factors that would affect the noise environment. These include consideration of the types of noise source, the sensitivity of the noise receiver, the noise reduction likely to be provided by structures, and the degree to which the noise source may interfere with speech, sleep, or to other activities characteristic of the land use. Generally, the City’s Land Use/Noise Compatibility Matrix is used as a guide to define where placement of certain land uses is considered acceptable. The Noise Element of the City’s current General Plan also contains policies to maintain an acceptable noise environment in the city. Goals and policies from the proposed Plan relating to noise are listed in the impact analysis discussions in Section 4, Impact Analysis.
Palmdale Municipal Code
The City also implements and enforces noise control through the PMC Chapter 9.18 ;Disturbing, Excessive, Loud, or Offensive NoiseͿ, which sets both daytime and nighttime sound level limits for residential and commercial zones; prohibits any person or property owner in the city from creating any loud, unnecessary, or unusual noise which unreasonably disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.
PMC Chapter 8.28 ;Building Construction Hours of Operation and Noise ControlͿ, prohibits any person or property owner in the City to perform any construction or repair work on any Sunday, or any other day after 8:00 p.m. or before 6:30 a.m., in any residential zone or within 500 feet of any residence, hotel, motel or recreational vehicle park.
Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
94 Figure 5 Palmdale General Plan Noise Level Guidance
Source: City of Palmdale 2022a
Environmental Checklist
Noise
Initial Study – Mitigated Negative Declaration 95
a. Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? The following discussions address the potential noise level increases associated with construction and operation of the project.
Construction Noise
Pursuant to Chapter 8.28 ;ƵŝůĚŝŶŐŽŶƐƚƌƵĐƚŝŽŶ,ŽƵƌƐŽĨKƉĞƌĂƚŝŽŶĂŶĚEŽŝƐĞŽŶƚƌŽůͿ of the PMC, noise generated by construction activities is not prohibited if it occurs on Monday through Saturday, between the hours of 6:30 a.m. to 8:00 p.m. In addition, the FTA-recommended criterion of 80 dBA L
eq for residential daytime receivers is used as a significance threshold for nearby residences. ŽŶƐƚƌƵĐƚŝŽŶŶŽŝƐĞǁĂƐĞƐƚŝŵĂƚĞĚƵƐŝŶŐƚŚĞ&,tZŽĂĚǁĂLJŽŶƐƚƌƵĐƚŝŽŶEŽŝƐĞDŽĚĞů;ZEDͿ ;&,tϮϬϬϲͿ͘ZEDƉƌĞĚŝĐƚƐĐŽŶƐƚƌƵĐƚŝŽŶŶŽŝƐĞůĞǀĞůƐĨŽƌĂǀĂƌŝĞƚLJŽĨĐŽŶƐƚƌƵĐƚŝŽŶŽƉĞƌĂƚŝŽŶƐ based on empirical data and the application of acoustical propagation formulas. Using RCNM, construction noise levels were estimated at noise sensitive receivers near the project site. RCNM provides reference noise levels for standard construction equipment, with an attenuation rate of 6 dBA per doubling of distance for stationary equipment.
Variation in power imposes additional complexity in characterizing the noise source level from construction equipment. Power variation is accounted for by describing the noise at a reference distance from the equipment operating at full power and adjusting it based on the duty cycle of the activity to determine the L
eq ŽĨƚŚĞŽƉĞƌĂƚŝŽŶ;FTA ϮϬϭϴͿ͘
ĂĐŚƉŚĂƐĞŽĨĐŽŶƐƚƌƵĐƚŝŽŶŚĂƐĂƐƉĞĐŝĨŝĐ
equipment mix, depending on the work to be accomplished during that phase. Each phase also has its own noise characteristics; some will have higher continuous noise levels than others, and some have high-impact noise levels.
Construction activity would result in temporary noise in the project site vicinity, exposing surrounding nearby receivers to increased noise levels. Construction noise would typically be higher ĚƵƌŝŶŐƚŚĞŚĞĂǀŝĞƌƉĞƌŝŽĚƐŽĨŝŶŝƚŝĂůĐŽŶƐƚƌƵĐƚŝŽŶ;ŝ͘Ğ͕͘ƐŝƚĞ ƉƌĞƉĂƌĂƚŝŽŶĂŶĚŐƌĂĚŝŶŐͿĂŶĚǁŽƵůĚďĞ ůŽǁĞƌĚƵƌŝŶŐƚŚĞůĂƚĞƌĐŽŶƐƚƌƵĐƚŝŽŶƉŚĂƐĞƐ;ŝ͘Ğ͕͘ďƵŝůĚŝŶŐĐŽŶƐƚƌƵĐƚŝŽŶĂŶĚƉĂǀŝŶŐͿ͘dLJƉŝĐĂůŚĞĂǀLJ construction equipment during project grading could include dozers, loaders, graders, and dump trucks. It is assumed that diesel engines would power all construction equipment. Construction equipment would not all operate at the same time or location. In addition, construction equipment would not be in constant use during the 8-hour operating day.
Project construction would occur nearest to the single-family residences within the southern and western portion of the project site. Over the course of a typical construction day, construction equipment would be located as close as 15 feet to the properties but would typically be located at an average distance farther away due to the nature of construction and the lot size of the project.
For example, during a typical construction day when performing construction near these residences, the equipment may opĞƌĂƚĞĂĐƌŽƐƐĂŚŽƌŝnjŽŶƚĂůĚŝƐƚĂŶĐĞ;ϭϱƚŽƐĞǀĞƌĂůŚƵŶĚƌĞĚ ĨĞĞƚͿĨƌŽŵĂŶĞĂƌďLJ noise receiver. Therefore, it is assumed that over the course of a typical construction day the construction equipment would operate at an average distance of 100 feet from the single-family residences to the west and south.
Construction noise is typically loudest during activities that involve excavation and soil movement, such as site preparation and grading. Project construction would occur nearest to the single-family residences located west and south of the project site. It is conservatively assumed that over the course of a typical construction day the construction equipment would operate 100 feet from the Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
96 nearest sensitive receiver. At a distance of 100 feet, a loader, front end loader and dump truck would generate a noise level of 74.4 dBA Leq ;ZEDĐĂůĐƵůĂƚŝŽŶƐĂƌĞŝŶĐůƵĚĞĚŝŶƉƉĞŶĚŝdžFͿ͘ Therefore, construction noise levels would not exceed the FTA’s daytime residential threshold of 80 dBA Leq, and impacts would be less than significant.
Operation Noise
The City of Palmdale has not established operational noise standards. Therefore, operational noise standards based upon USEPA are provided for this analysis. Based upon available sleep criteria data, an interior nighttime level of 35 dBA is considered acceƉƚĂďůĞ;h^ WϭϵϳϰͿ͘ƐƐƵŵŝŶŐĂ15 dBA
reduction with windows open, an exterior noise level of 50 dBA L eq would be required to maintain
an acceptable interior noise environment of 35 dBA. Off-ƐŝƚĞƉƌŽũĞĐƚŶŽŝƐĞ;ŝ͘Ğ͕͘ƌŽĂĚǁĂLJŶŽŝƐĞͿ would result in a significant impact if the project would increase traffic noise levels by 3 dBA, which would be a perceptible increase in traffic noise.
HVAC Units
The main noise source associated with a residential development are heating, ventilation, and air ĐŽŶĚŝƚŝŽŶŝŶŐ;,sͿƵŶŝƚƐͿ͘dŚĞƵŶŝƚƵƐĞĚŝŶƚŚŝƐĂŶĂůLJƐŝƐŝƐĂĂƌƌŝĞƌϯϴ,ZϬϲϬƐƉůŝƚ-system, which is a typical HVAC unit used on single-family residential sites and has a sound power level of 72 dBA ;ƐĞĞƉƉĞŶĚŝdžF ĨŽƌŵĂŶƵĨĂĐƚƵƌĞƌ͛ƐƐƉĞĐŝĨŝĐĂƚŝŽŶƐͿ͘,sĞƋƵŝƉŵĞŶƚĨŽƌƐŝŶŐůĞ-family residences are typically located at ground-level, on the side or backyard portions of a house. It is assumed that 191 ground-level HVAC units distributed across the project site would be needed, based on 191 dwelling units. The closest future residential lots to nearby receivers would occur on the southern edge of the project site.
Each residence would have at least one ground-level HVAC equipment. Given estimated setbacks, HVAC equipment could be within 20 feet of existing residences. At a distance of 20 feet, an HVAC unit would generate noise levels of 48 dBA, which would not exceed an exterior noise level of 50 dBA L
eq at nearby residences that would result in an exceedance of an acceptable interior noise environment of 35 dBA. In addition, future fencing between properties may provide additional noise attenuation. Therefore, operational noise impacts associated with HVAC equipment would be less than significant.
Additional on-site noise sources such as landscape maintenance, low-speed traffic on internal roadways, conversations, open space activities, and trash hauling also would be typical of noise generated by neighboring land uses and would not substantially contribute to overall ambient noise levels. Therefore, on-site operations would have a less than significant impact on noise-sensitive receivers.
Off-site Traffic Noise
The overall increase in traffic noise from the project was estimated using ADT “future with project conditions” data from the Traffic Signal Warrant Study prepared by General Technologies and Solutions, included as Appendix G. These daily ADT scenarios are shown in Table 19. The roadway segment that is expected to experience the greatest increase in trips is Palmdale Boulevard during PM peak hours. Therefore, it is anticipated that traffic at this roadway segment is expected to create the greatest off-site traffic noise impacts when compared to other intersections near the project site. As shown in Table 19, PM peak hour trips would increase by approximately nine percent over existing conditions under the project. A nine percent increase in traffic on a roadway would equate to an increase of 0.4 dBA. Therefore, the project would not double the existing mobile noise source Environmental Checklist
Noise
Initial Study – Mitigated Negative Declaration 97
and would not increase noise levels by 3 dBA, which is considered a barely perceptible noise increase. Therefore, off-site traffic noise impacts would be less than significant.
Table 19 Daily Vehicle Trip Summary
Palmdale Boulevard Residential Trips
Existing Conditions 16,745 1
Existing Plus Project Conditions 18,205
Change in Trips +1,460
Percent Change in Vehicle Trips (%) 9%
1 Existing condition traffic counts are observed traffic counts on Palmdale Avenue as presented in the Traffic Signal Warrant Study ;General Technologies and Solutions 2023Ϳ͘&ŽƌƚŚĞŶŽŝƐĞĂŶĂůLJƐŝƐ͕ĂůůƉƌŽũĞĐƚƚƌŝƉƐǁĞƌĞĐŽŶƐĞƌǀĂƚŝǀĞůLJĂĚĚĞĚƚŽƚŚŝƐŽďƐĞƌǀĞĚǀĂůƵĞ͘
LESS THAN SIGNIFICANT IMPACT
b. Would the project result in generation of excessive groundborne vibration or groundborne noise levels?
The project would result in the generation of excessive groundborne vibration or groundborne noise levels if vibration levels exceed 0.2 in/sec PPV at residential structures or 0.3 in/sec PPV at commercial structures.
The project does not include any substantial vibration sources associated with operation. Thus, construction activities have the greatest potential to generate ground-borne vibration affecting nearby receivers, especially during grading and excavation of the project site. Table 20 shows vibration levels of anticipated grading and excavation equipment used during construction. The greatest vibratory source during construction in the project vicinity would be a large bulldozer.
Neither blasting nor pile driving would be required for construction of the project.
Table 20 Vibration Levels Measured during Construction Activities Equipment PPV at 25 ft. (in/sec)
Large Bulldozer 0.089
Loaded Trucks 0.076
Small Bulldozer 0.003
Source: FTA 2018
Construction activities known to generate excessive ground-borne vibration, such as pile driving, would not be conducted to construct the project. Based on FTA recommendations, limiting vibration levels to below 0.2 in/sec PPV at residential structures would prevent architectural damage regardless of building construction type. The greatest anticipated source of vibration during project construction activities would be from a dozer, which may be used within 15 feet of the nearest off- site sensitive receivers to the to the west and south. A dozer would create approximately
0.089 ŝŶͬƐĞĐWWsĂƚĂĚŝƐƚĂŶĐĞŽĨϮϱĨĞĞƚ;&dϮϬϭϴͿ͘dŚŝƐǁŽƵůĚĞƋƵĂůĂǀŝďƌĂƚŝŽŶůĞǀĞůŽĨ approximately 0.16 in/sec PPV at a distance of 15 feet. 4 This would be lower than the 0.2 in/sec PPV
ƚŚƌĞƐŚŽůĚ͘dŚĞƌĞĨŽƌĞ͕ƚĞŵƉŽƌĂƌLJǀŝďƌĂƚŝŽŶŝŵƉĂĐƚƐĂƐƐŽĐŝĂƚĞĚǁŝƚŚƚŚĞĚŽnjĞƌ;ĂŶĚŽƚŚĞƌƉŽƚĞŶƚŝĂů ĞƋƵŝƉŵĞŶƚͿǁŽƵůĚďĞůĞƐƐƚŚĂŶƐŝŐŶŝĨŝĐĂŶƚ͘
4 WWs
ƋƵŝƉŵĞŶƚсWWsZĞĨ;ϮϱͬͿn ;ŝŶͬƐĞĐͿ͕WWsZĞĨсƌĞĨĞƌĞŶĐĞWWsĂƚϮϱĨĞĞƚ͕сĚŝƐƚĂŶĐĞ͕ĂŶĚŶсϭ͘ϭ Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
98 Operation of the project would not include any substantial vibration sources. Therefore, operational vibration impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
The airport nearest to the project site, Palmdale Regional Airport, is located approximately 3.8 miles to the northwest. The project would not be located within the 65 CNEL noise contour of the WĂůŵĚĂůĞZĞŐŝŽŶĂůŝƌƉŽƌƚ;ŝƚLJŽĨWĂůŵĚĂůĞϮϬϮϮaͿ͘dŚĞƌĞĨŽƌĞ͕ŶŽƐƵďƐƚĂŶƚŝĂůŶŽŝƐĞĞdžƉŽƐƵƌĞĨƌŽŵ airport noise would occur to construction workers, users, or employees of the project, and no impacts would occur.
NO IMPACT
Environmental Checklist
Population and Housing
Initial Study – Mitigated Negative Declaration 99
14 Population and Housing
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Induce substantial unplanned population
ŐƌŽǁƚŚŝŶĂŶĂƌĞĂ͕ĞŝƚŚĞƌĚŝƌĞĐƚůLJ;Ğ͘Ő͕͘ďLJ
ƉƌŽƉŽƐŝŶŐŶĞǁŚŽŵĞƐĂŶĚďƵƐŝŶĞƐƐĞƐͿŽƌ
ŝŶĚŝƌĞĐƚůLJ;Ğ͘Ő͕͘ƚŚƌŽƵŐŚĞdžƚĞŶƐŝŽŶŽĨ
ƌŽĂĚƐŽƌŽƚŚĞƌŝŶĨƌĂƐƚƌƵĐƚƵƌĞͿ͍
Ƒ Ƒ Ŷ Ƒ
b. Displace substantial numbers of existing
people or housing, necessitating the
construction of replacement housing
elsewhere?
Ƒ Ƒ Ƒ Ŷ
a. Would the project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
According to ƚŚĞĂůŝĨŽƌŶŝĂĞƉĂƌƚŵĞŶƚŽĨ&ŝŶĂŶĐĞ;DOFͿ, the City of Palmdale has an estimated population of 165,917 ǁŝƚŚĂŶĂǀĞƌĂŐĞŚŽƵƐĞŚŽůĚƐŝnjĞŽĨϯ͘ϰƉĞƌƐŽŶƐ;K&2023Ϳ͘^'ĞƐƚŝŵĂƚĞƐ that the city’s population will increase to 207,000 by 2045, which is an increase of approximately 25 percent or 41,083 ƉĞƌƐŽŶƐ;^'ϮϬϮϬͿ͘dŚĞƉƌŽƉŽƐĞĚƉƌŽũĞĐƚŝŶǀŽůǀĞƐƚŚĞĐŽŶƐƚƌƵĐƚŝŽŶŽĨ191 units of new single-family housing lots in Palmdale. Construction of the proposed project would increase the existing population by up to approximately 649 residents 5 ;ĂϬ͘4 percent increase from the
ĞdžŝƐƚŝŶŐƉŽƉƵůĂƚŝŽŶͿƚŽ166,566, which would be within SCAG’s 2045 population forecast. In addition, according to DOF estimates, the city has an existing housing stock of 43,800 units, which ^'ĨŽƌĞĐĂƐƚƐǁŝůůŝŶĐƌĞĂƐĞďLJϭϴ͕ϬϬϬƵŶŝƚƐ;ĂŶĂƉƉƌŽdžŝŵĂƚĞϰϭƉĞƌĐĞŶƚŝŶĐƌĞĂƐĞͿƚŽϲϭ͕ϴϬϬƵŶŝƚƐďLJ ϮϬϰϱ;K&ϮϬϮϭ͖^'ϮϬϮϬͿ͘The project would generate 191 housing units, which would represent approximately 0.3 percent of the projected increase in housing units. Given that the proposed project would not exceed SCAG’s 2045 population or housing forecast, the project would not cause a substantial increase in population or induce unplanned population growth. Therefore, impacts associated with population growth would be less than significant.
LESS THAN SIGNIFICANT IMPACT
b. Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
The project site is vacant; therefore, the project would not displace existing housing or people and would not require construction of replacement housing elsewhere. No impact would occur.
NO IMPACT
5 191 units x 3.4 persons per unit
Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
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Environmental Checklist
Public Services
Initial Study – Mitigated Negative Declaration 101
15 Public Services
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
a. Would the project result in substantial
adverse physical impacts associated with
the provision of new or physically altered
governmental facilities, or the need for
new or physically altered governmental
facilities, the construction of which could
cause significant environmental impacts,
in order to maintain acceptable service
ratios, response times or other
performance objectives for any of the
public services:
1 Fire protection? Ƒ Ƒ Ŷ Ƒ
2 Police protection? Ƒ Ƒ Ŷ Ƒ
3 Schools? Ƒ Ƒ Ŷ Ƒ
4 Parks? Ƒ Ƒ Ŷ Ƒ
5 Other public facilities? Ƒ Ƒ Ŷ Ƒ
a.1. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered fire protection facilities, or the need for new or physically altered fire protection facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives?
The City of Palmdale works with the Los Angeles County Fire Department ;>Ž&Ϳ to provide fire protection and paramedic emergency services to residents and businesses within the city. The nearest fire station is Fire Station No. 93, which is located at 5624 E Avenue R, approximately
0.9 mile southeast of the project site. On October 14, 2022, staff contacted Fire Station No. 93 and spoke with Fireman Sean Strinkle who stated there are a total number of six people on duty at all times including one captain, one engineer, one firefighter, and three paramedicƐ;>Ž&ϮϬϮϮͿ͘ There is also one fire engine and one paramedic squad engine. The fire station responds to approximately 4,500 incidents per year. The LACoFD has a goal of 4-6 minutes for on scene arrival ;ŝƚLJŽĨWĂůŵĚĂůĞϮϬϮϮaͿ͘&ƵƌƚŚĞƌŵŽƌĞ͕&ŝƌĞƐƚĂƚŝŽŶƐƚĂĨĨŝŶĚŝĐĂƚĞĚƚŚĂƚƚŚĞƌĞŝƐĐĂƉĂĐŝƚLJƚŽƐƵƐƚĂŝŶ additional residents; therefore, the proposed project would not require new or physically altered fire protection facilities. Impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359
102
a.2. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered police protection facilities, or the need for new or physically altered police protection facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives?
The City of Palmdale contracts with the Los Angeles County for most emergency services, including police protection services. The Los Angeles County Sheriff’s Department provides police protection to services to residents and businesses within the city, acƌŽƐƐϳϳϬƐƋƵĂƌĞŵŝůĞƐ;>ŽƐŶŐĞůĞƐŽƵŶƚLJ ^ŚĞƌŝĨĨ͛ƐĞƉĂƌƚŵĞŶƚϮϬϮϬͿ͘dŚĞ^ŚĞƌŝĨĨ͛ƐĞƉĂƌƚŵĞŶƚŝƐůŽĐĂƚĞĚĂƚϳϱϬ ĂƐƚǀĞŶƵĞY͕ǁŚŝĐŚŝƐ
approximately five miles west of the project site. The current average response time for emergency calls within the citLJŝƐƵŶĚĞƌƐŝdžŵŝŶƵƚĞƐĨŽƌŽŶƐĐĞŶĞĂƌƌŝǀĂů;ŝƚLJŽĨWĂůŵĚĂůĞϮϬϮϮaͿ͘ The City also requires the payment of development impact fees to meet the demand for public facilities, including police protection services created by the development ;ŝƚLJŽĨWĂůŵĚĂůĞͿ.
Therefore, the project would not result in the need for new or physically altered police protection facilities that could have environmental impact. Impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
a.3. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered schools, or the need for new or physically altered schools, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives? dŚĞƉƌŽũĞĐƚƐŝƚĞŝƐƐĞƌǀĞĚďLJƚŚĞWĂůŵĚĂůĞhŶŝĨŝĞĚ^ĐŚŽŽůŝƐƚƌŝĐƚ;Wh^ͿǁŚŝĐŚŚĂĚĂŶĞŶƌŽůůŵĞŶƚŽĨ 17,805 students in the 2021-ϮϬϮϮĂĐĂĚĞŵŝĐLJĞĂƌ;Wh^ϮϬϮϮͿ͕ĂŶĚƚŚĞŶƚĞůŽƉĞsĂůůĞLJhŶŝŽŶ,ŝŐŚ School District, which had an enrollment of 23,000 students ;sh,^ϮϬϮϮͿ͘dŚĞƉƌŽũĞĐƚƐŝƚĞǁŽƵůĚ ďĞƐĞƌǀĞĚďLJ'ŽůĚĞŶWŽƉƉLJ
ůĞŵĞŶƚĂƌLJ^ĐŚŽŽů;<ŝŶĚĞƌŐĂƌƚĞŶ-'ƌĂĚĞϱͿ͕ĂĐƚƵƐDŝĚĚůĞ^ĐŚŽŽů ;Grade 6 – 'ƌĂĚĞϴͿ, ĂŶĚWĂůŵĚĂůĞ,ŝŐŚ^ĐŚŽŽů;'ƌĂĚĞϵ-'ƌĂĚĞϭϮͿ͘ The need for new school facilities is typically associated with a population increase that generates an increase in enrollment large enough to cause new schools to be constructed. The proposed project involves construction of a 191-unit residential development. On average, 47.6 percent of families in Palmdale have school-age children ;ŝƚLJŽĨWĂůŵĚĂůĞϮϬϮϮaͿ͘Based on this estimate, 91 of the residential units would have school-aged children. According to Section 14, Population and Housing, the average persons per household in Palmdale is 3.4, so conservatively assuming two school-aged children per household, the project would generate approximately 182 students.
Compared to the 17,805 students enrolled in PUSD schools for the 2021-2022 school year, the project would incrementally increase existing student enrollment by approximately one percent. In addition, according to the Palmdale School District Student Centric Facilities Master Plan, the district anticipates a drop in student total enrollment from the 2016 base line level in the 2023-2024 school year. The Palmdale School District anticipates a drop in enrollment of Transitionary Kindergarten ;d<ͿƚŽĞŝŐŚƚŚŐƌĂĚĞĨƌŽŵϭϵ͕ϬϮϰƚŽϭϴ͕ϳϵϭ͘ϲĨƌŽŵƚŚĞϮϬϭϲ-2017 to 2023-ϮϬϮϰƐĐŚŽŽůLJĞĂƌƐ;Wh^ ϮϬϭϳͿ͘
Furthermore, the project applicant would be required to pay the state-mandated school impact fees that would contribute to the funds available for development of new school facilities. Pursuant to ^ĞĐƚŝŽŶϲϱϵϵϱ;ϯͿ;ŚͿŽĨƚŚĞĂůŝĨŽƌŶŝĂ'ŽǀĞƌŶŵĞŶƚŽĚĞ;^ĞŶĂƚĞŝůůϱϬ͕ĐŚĂƉƚĞƌĞĚƵŐƵƐƚϮϳ͕ϭϵϵϴͿ͕ the payment of statutory fees “...is deemed to be full and complete mitigation of the impacts of any legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or Environmental Checklist
Public Services
Initial Study – Mitigated Negative Declaration 103
development of real property, or any change in governmental organization or reorganization.” Therefore, the project would not substantially increase the number of students at local public school or lead to the need for new or physically altered school facilities. Impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
a.4. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered parks, or the need for new or physically altered parks, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives? According to the General Plan, the City owns and operates 19 parks that consist of 351 acres of parkland. The General Plan establishes a park standard of providing five acres of park per 1,000 ƌĞƐŝĚĞŶƚƐ;ŝƚLJŽĨWĂůŵĚĂůĞϮϬϮϮaͿ͘ĐĐŽƌĚŝŶŐƚŽƚŚĞK&, the city has an estimated population of 167,398͕;K&ϮϬϮϮͿ͘dŚĞƌĞĨŽƌĞ͕ƚŚĞcity’s existing population and parkland ratio is 2.09 acres per 1,000 residents, which results in approximately 41 percent of the current target for public parks. The city would need an additional 496 acres of parkland to meet the current parkland to resident ratio target. The proposed project could result in the addition of approximately 588 new residents in the city, which would bring the city’s population to 167,986, indicating that the city would need additional parkland to meet the current parkland to resident ratio.
The nearest park to the project is Domenic Massari Park, located approximately 3,500 feet south of the project site, which is a 40-acre park that includes a playground area, two picnic pavilions, walking and jogging paths, five soccer fields, and other amenities. Residents under the proposed project may use the existing recreational facilities, which could result in deterioration or need for additional recreational space. The project would provide a pocket community park, a children’s play area, and additional community open spaces. Additionally, a community trail network is planned to link the neighborhood and provide additional open spaces and parks for the community to utilize.
Furthermore, the project would be required to pay the City’s development impact fees or in-lieu fees from development projects to mitigate the impacts associated with the development on the City’s ĞdžŝƐƚŝŶŐƉĂƌŬƐLJƐƚĞŵ;ŝƚLJŽĨWĂůŵĚĂůĞϮϬϮϮaͿ͘The proposed project would not create the need for new or expanded park facilities. Impact would be less than significant.
LESS THAN SIGNIFICANT IMPACT
a.5. Would the project result in substantial adverse physical impacts associated with the provision of other new or physically altered public facilities, or the need for other new or physically altered public facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives?
The project site is in an urban area already served by public services and facilities, such as utilities and public libraries. Development of the project would result in incremental impacts to the City’s public services and facilities such as storm drain usage, solid-waste disposal, water usage, and wastewater disposal. These impacts are analyzed in Section 10, Hydrology and Water Quality, and Section 19, Utilities and Service Systems. The project’s contribution to storm drain usage, solid- waste disposal, water usage, and wastewater disposal would be offset through project-specific features described in the individual resource section analyses indicated above.
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The City of Palmdale is served by the Palmdale City Library located approximately 4.5 miles east of the project site at 700 East Palmdale Boulevard. As discussed in Section 14, Population and Housing, the proposed project could potentially increase the city’s population by up to 588 residents, which would be an increase of approximately 0.35 percent of the city’s population. Increased population generated by the proposed project would incrementally increase demand on local public libraries in the vicinity, such as the Palmdale City Library. However, the project would be subject to Palmdale’s development impact fees for library facilities. As a result, the proposed project would contribute to the financing of library services through impact fees and property taxes, which would mitigate the need for new or physically altered government facilities that support library use. Therefore, the project would not substantially affect existing governmental facilities or require the need for new or altered governmental facilities. Impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
Environmental Checklist
Recreation
Initial Study – Mitigated Negative Declaration 105
16 Recreation
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
a. Would the project increase the use of
existing neighborhood and regional parks
or other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?
Ƒ Ƒ Ŷ Ƒ
b. Does the project include recreational
facilities or require the construction or
expansion of recreational facilities which
might have an adverse physical effect on
the environment?
Ƒ Ƒ Ŷ Ƒ
a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? According to the General Plan, the City owns and operates 19 public parks with a totaling 370 acres ŽĨůĂŶĚĨŽƌƉƵďůŝĐƵƐĞĂŶĚϯϱϭĂĐƌĞƐŽĨĞdžŝƐƚŝŶŐƉĂƌŬůĂŶĚ;ŝƚLJŽĨWĂůŵĚĂůĞϮϬϮϮaͿ͘According to the DOF, the city has an estimated population of 167,398 ;K&ϮϬϮϮͿ͘dŚĞƌĞĨŽƌĞ͕ƚŚĞŝƚLJ͛ƐĞdžŝƐƚŝŶŐ population and parkland ratio is 2.09 acres per 1,000 residents, which results in approximately 41 percent of the current target for public parks. According to the general plan, the city would need an additional 496 acres of parkland to meet the current parkland to resident ratio target ;ŝƚLJŽĨ Palmdale 2022aͿ͘ The project site is within 3,500 feet south of Domenic Massari Park, and the project would include a pocket community park and amenities such as a pool, fitness center, and recreation space which would help serve the recreational needs of future residents. Additional residents may use the existing recreational facilities, which may result in deterioration or need for additional recreational space. The City currently collects park development impact fees or in-lieu fees from development projects to mitigate the impacts associated with the development on the City’s existing park system. Therefore, potential impacts related to recreational facilities would be less than significant.
LESS THAN SIGNIFICANT IMPACT
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Environmental Checklist
Transportation
Initial Study – Mitigated Negative Declaration 107
17 Transportation
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Conflict with a program, plan, ordinance
or policy addressing the circulation
system, including transit, roadway,
bicycle and pedestrian facilities? Ƒ Ƒ Ŷ Ƒ
b. Conflict or be inconsistent with CEQA
Guidelines Section 15064.3, subdivision
;ďͿ͍
Ƒ Ƒ Ŷ Ƒ
c. Substantially increase hazards due to a
ŐĞŽŵĞƚƌŝĐĚĞƐŝŐŶĨĞĂƚƵƌĞ;Ğ͘Ő͕͘ƐŚĂƌƉ
ĐƵƌǀĞƐŽƌĚĂŶŐĞƌŽƵƐŝŶƚĞƌƐĞĐƚŝŽŶƐͿŽƌ
ŝŶĐŽŵƉĂƚŝďůĞƵƐĞ;Ğ͘Ő͕͘ĨĂƌŵĞƋƵŝƉŵĞŶƚͿ͍
Ƒ Ƒ Ŷ Ƒ
d. Result in inadequate emergency access? Ƒ Ƒ Ŷ Ƒ
a. Would the project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Regional access to the project site is provided by SR-138, which is approximately one mile north of the project site, and SR-14, which is approximately 5.4 miles west of the project site. Local access to the site is provided by East Palmdale Blvd and East Avenue R. In addition, regional mass transit ƐĞƌǀŝĐĞŝƐƉƌŽǀŝĚĞĚďLJŶƚĞůŽƉĞsĂůůĞLJdƌĂŶƐŝƚƵƚŚŽƌŝƚLJ;sdͿ͘dŚĞƐŝƚĞŝƐĐƵƌƌĞŶƚůLJƐĞƌǀĞĚďLJsd bus routes 3 and 98 along East 47
th Street. The nearest bus stop for AVTA bus routes 3 and 98 is approximately 2,000 feet west of the project site at the intersection of East 47th Street and East Ave R. Sidewalks are provided along all roadways around the project site for pedestrian access.
The City adopted the Los Angeles County Public Works Transportation Impact Analysis (TIA) Guidelines ;:ƵůLJϮϬϮϬͿƚŽĂƐƐĞƐƐVMT. In addition to the County’s Transportation Impact Analysis Guidelines, City of Palmdale General Plan Circulation Element; Land Use and Community Design Element; and the Palmdale Transit Area Specific Plan, contain the City’s goals addressing the circulation system. The project’s consistency with the applicable goals, objectives, and policies contained in the Palmdale General Plan is discussed in Table 21, below.
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Table 21 Project Consistency with Palmdale Circulation System Plans Goal Project Consistency
General Plan Circulation Element
Goal C1: Establish, maintain, and enhance a system of
streets and highways which will provide for the safe and efficient movement of people and goods throughout the
Planning Area, while minimizing adverse impacts on the
community.
Consistent. The proposed project is within the vicinity of
SR-138, which is approximately one mile north of the
project site, and SR-14, which is approximately 5.4 miles west of the project site. Local access to the site is provided by East Palmdale Boulevard and East Avenue R, providing accessibility to the site and effective movement of people and goods. The proposed project is within the vicinity of AVTA bus routes 3 and 98 along East 47
th Street, enhancing
access to alternative mobility options. Therefore, the
project would be consistent with Goal C1.
Goal C2: Reduce the number of trips and vehicle miles
traveled by individuals within the Planning Area, to meet regional transportation and air quality goals.
Consistent. The project would allow future project
residents to easily access public transportation
;ĂƉƉƌŽdžŝŵĂƚĞůLJϮ͕ϬϬϬĨĞĞƚĨƌŽŵƚŚĞƉƌŽũĞĐƚƐŝƚĞͿĂŶĚƌĞƚĂŝů uses. Therefore, future residents would be within walking and bicycling distance to public transportation and
commercial/retail amenities, which would reduce the
number of trips and VMT. In conclusion, the project would be consistent with Goal C2.
General Plan Land Use and Community Design Element
Goal L1: Create a vision for long-term growth and
development in the City of Palmdale which provides for
orderly, functional patterns of land uses within urban
areas, a unified and coherent urban form, and a high
quality of life for its residents.
Policy L1.1.1: Through adoption of the Land Use Map,
direct future growth to areas which can accommodate
development based upon topography, environmental
factors, availability of infrastructure, and/or
comprehensive planning. These areas include the
following:
ϭ͘sĂĐĂŶƚůĂŶĚǁŝƚŚŝŶƵƌďĂŶŝnjĞĚĂƌĞĂƐ;ŝŶĨŝůůůŽƚƐͿ͕ǁŚĞƌĞ backbone infrastructure is available or planned for;
2. Areas governed by adopted Specific Plans;
3. Areas in which infrastructure master planning has
occurred.
Consistent. The proposed project involves the construction of a 191 units of new single-family housing lots in an infill site in a residential area with nearby access to retail, services, and public transit providing for a variety of mobility options for residents. The project would include recreational amenities for residents including shared open space and a recreation center. Therefore, the proposed
project would provide a high-quality living environment with convenient access and mobility options and would be consistent with Goal L1 and Policy L1.1.1.
Source: City of Palmdale General Plan
As illustrated above, the proposed project would not conflict with the goals, objectives, and policies contained in the Palmdale General Plan. The project would continue to be served by and would not interfere with existing and planned roadway, pedestrian, bicycle, and public transit facilities. The proposed project would not alter AVTA’s existing transit system or introduce features that would preclude the addition of bike lanes as planned in the Transit Area Specific Plan, nor would the project alter operation of the existing ATVA bus stops in the vicinity of the project site. Therefore, the proposed project would not conflict with a program, plan, ordinance, or policy addressing the circulation system. Potential impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
Environmental Checklist
Transportation
Initial Study – Mitigated Negative Declaration 109
b. Would the project conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)?
In December 2018, the California Natural Resources Agency certified and adopted the updated CEQA Guidelines package. The amended CEQA Guidelines, specifically Section 15064.3, generally require the use of VMT as the primary metric for the evaluation of transportation impacts associated with land use and transportation projects. In general terms, VMT quantifies the amount and distance of automobile travel attributable to a project or region. All agencies and projects state- wide are required to utilize the updated CEQA Guidelines for evaluating transportation impacts as of July 1, 2020.
The updated CEQA Guidelines allow for the lead agency to have discretion in establishing methodologies and thresholds, provided there is substantial evidence to demonstrate that the established procedures promote the intended goals of the legislation. Where quantitative models or methods are unavailable, CEQA Guidelines Section 15064.3 allows agencies to assess VMT qualitatively using factors such as availability of transit and proximity to other destinations. The KĨĨŝĐĞŽĨWůĂŶŶŝŶŐĂŶĚZĞƐĞĂƌĐŚ;KWZͿTechnical Advisory on Evaluating Transportation Impacts in CEQA provides technical considerations regarding methodologies and thresholds with a focus on office, residential, and retail developments as these projects tend to have the greatest influence on VMT.
TŚĞsDdŶĂůLJƐŝƐĐŽŶĚƵĐƚĞĚďLJ'ĞŶĞƌĂůdĞĐŚŶŽůŽŐŝĞƐĂŶĚ^ŽůƵƚŝŽŶƐ;'d^Ϳ used the Los Angeles County Public Works Transportation Impact Analysis ;d/ͿGuidelines, dated July 23, 2020, as a guide in the VMT analysis of this project. Pursuant to the Los Angeles County Public Works TIA Guidelines, certain residential projects that further the State’s affordable housing goals are presumed to have a less-than-significant impact on VMT if 100 percent of the units, excluding manager’s units, are set aside for lower income households. Based on the screening criteria above, the project is a 100 percent affordable project and therefore VMT impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
c. Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible use (e.g., farm equipment)? The project would be accessible via a proposed access road on East Palmdale Boulevard. Other than the construction of the proposed access road the project would not alter East Palmdale Boulevard ;Ğ͘Ő͕͘ŶŽƌŽĂĚǁĂLJǁŝĚĞŶŝŶŐƌĞƋƵŝƌĞĚͿ͘WƌŽũĞĐƚƐŝƚĞƉůĂŶƐŝŶĚŝĐĂƚĞƚŚĞƉƌŽǀŝƐŝŽŶŽĨŽŶ-site drive aisles to accommodate vehicular access to and circulation throughout the project site. Traffic calming features would include internal roadway speed limits and speed bumps, would be included to ensure safe circulation within the site. Furthermore, development of the proposed residential project would be compatible with the existing land uses surrounding the project site, which also primarily includes single-family residential neighborhoods. Therefore, implementation of the project would not result in substantial hazards due to geometric design features or incompatible uses.
Potential impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
d. Would the project result in inadequate emergency access? During construction, temporary and occasional lane closures may be required on East Palmdale Boulevard. However, two-way traffic would still be maintained at construction entry points and along East Palmdale Boulevard as required by the City of Palmdale’s Encroachment, Grading, and Maison’s Palmdale Boulevard 150, LLC
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>ĂŶĚƐĐĂƉŝŶŐWĞƌŵŝƚ;ŝƚLJŽĨWĂůŵĚĂůĞϮϬϭϵͿ͘dŚĞƌĞĨŽƌĞ͕ƉƌŽũĞĐƚĐŽŶƐƚƌƵĐƚŝŽŶǁŽƵůĚŶŽƚƌĞƐƵůƚŝŶ inadequate emergency access to the project site or surroundings, and potential impacts would be less than significant.
Prior to construction, site circulation plans would be reviewed by the LACoFD during the project application process to ensure adequate on-site lane widths and configurations for emergency vehicle ingress and egress. Furthermore, the proposed project would not modify existing roadways in the vicinity, other than by adding new site access points, and therefore, would not affect emergency vehicle use of roadways that surround the project site. The project would be subject to LACoFD review of site plans prior to occupancy to ensure that required fire protection safety features, including building sprinklers and emergency access, are implemented. During project operation, emergency response vehicles would be able to access the project site via the main entrance along East Palmdale Boulevard. Therefore, potential impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
Environmental Checklist
Tribal Cultural Resources
Initial Study – Mitigated Negative Declaration 111
18 Tribal Cultural Resources
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project cause a substantial
adverse change in the significance of a tribal
cultural resource, defined in a Public
Resources Code Section 21074 as either a
site, feature, place, or cultural landscape that
is geographically defined in terms of the size
and scope of the landscape, sacred place, or
object with cultural value to a California
Native American tribe, and that is:
a. Listed or eligible for listing in the
California Register of Historical
Resources, or in a local register of
historical resources as defined in Public
Resources Code SĞĐƚŝŽŶϱϬϮϬ͘ϭ;ŬͿ?
Ƒ Ƒ Ƒ Ƒ
b. A resource determined by the lead
agency, in its discretion and supported
by substantial evidence, to be significant
pursuant to criteria set forth in
ƐƵďĚŝǀŝƐŝŽŶ;ĐͿŽĨWƵďůŝĐZĞƐŽƵƌĐĞƐŽĚe
Section 5024.1? In applying the criteria
ƐĞƚĨŽƌƚŚŝŶƐƵďĚŝǀŝƐŝŽŶ;ĐͿŽĨWƵďůŝĐ
Resources Code Section 5024.1, the lead
agency shall consider the significance of
the resource to a California Native
American tribe.
Ƒ Ƒ Ƒ Ƒ
[Placeholder for summary of City’s AB 52 consultation process] a. Would the project cause a substantial adverse change in the significance of a tribal cultural resource as defined in Public Resources Code Section 21074 that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k)?
b. Would the project cause a substantial adverse change in the significance of a tribal cultural resource as defined in Public Resources Code 21074 that is a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? Maison’s Palmdale Boulevard 150, LLC
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Environmental Checklist
Utilities and Service Systems
Initial Study – Mitigated Negative Declaration 113
19 Utilities and Service Systems
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which could
cause significant environmental effects?
Ƒ Ƒ Ŷ Ƒ
b. Have sufficient water supplies available
to serve the project and reasonably
foreseeable future development during
normal, dry and multiple dry years?
Ƒ Ƒ Ŷ Ƒ
c. Result in a determination by the
wastewater treatment provider which
serves or may serve the project that it
has adequate capacity to serve the
project’s projected demand in addition
to the provider’s existing commitments?
Ƒ Ƒ Ŷ Ƒ
d. Generate solid waste in excess of State
or local standards, or in excess of the
capacity of local infrastructure, or
otherwise impair the attainment of solid
waste reduction goals?
Ƒ Ƒ Ŷ Ƒ
e. Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
Ƒ Ƒ Ŷ Ƒ
a. Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
c. Would the project result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
The project site is in an urbanized area and served by existing utilities infrastructure. The City of Palmdale is within the service boundaries of the Palmdale Water District. As discussed below under the analysis for Threshold 19.b, PWD would have adequate water supplies available for the Maison’s Palmdale Boulevard 150, LLC
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proposed project during the normal years. However, PWD anticipates that during a single-dry year conditions, demand will exceed existing supply starting in 2045. PWD anticipates demand exceeding supplies in 2021 and 2023 during a consecutive five-year drought. Additional supplies or a reduction in demand are needed to meet demand; therefore, PWD has identified short-term and long-term transfer and exchange opportunities to provide additional supplies to overcome shortages. In addition, PWD is developing the Palmdale Regional Water Augmentation Project to provide surface water augmentation or groundwater injection. The Water Shortage Contingency Plan also identifies ƉŽƚĞŶƚŝĂůĚĞŵĂŶĚƌĞĚƵĐƚŝŽŶĂĐƚŝŽŶƐƚŽƌĞĚƵĐĞƐŚŽƌƚĂŐĞƐ;WtϮϬϮϭͿ͘dŚĞƌĞĨŽƌĞ͕ƉŽƚĞŶƚŝĂůŝŵƉĂĐƚs related to water facilities would be less than significant.
Wastewater
The project site is within the service boundaries of the WĂůŵĚĂůĞtĂƚĞƌZĞĐůĂŵĂƚŝŽŶWůĂŶƚ;WtZWͿ͕ which is owned and operated by the Los Angeles County Sanitation District No. 20 ;>^20ϮϮͿ.
The PWRP, north of Palmdale provides primary, secondary, and tertiary treatment of 12 million ŐĂůůŽŶƐŽĨǁĂƐƚĞǁĂƚĞƌƉĞƌĚĂLJ;ŝƚLJŽĨWĂůŵĚĂůĞϮϬϮϮĂͿ. According to CalEEMod outputs in the Air Quality Greenhouse Gas Emissions Study ;Appendix AͿ͕ƚŚĞƉƌŽũĞĐƚŝƐĂŶƚŝĐŝƉĂƚĞĚƚŽƌĞƋƵŝƌĞ approximately 16 million gallons of water per year. Assuming that total water demand is equivalent to approximately 120 percent of wastewater generation, the project would generate approximately 13 gallons of wastewater per year, or approximately 35,616 gallons per day, which would account for approximately 0.2 percent of the current daily capacity of 12 million gallons per day ;>^ ϮϬϮϮͿ. Therefore, the PWRP would have adequate capacity to provide wastewater treatment for the proposed project and the proposed project would not require the construction of new or expanded wastewater conveyance or treatment facilities. Potential impacts would be less than significant.
Stormwater
The project site would continue to connect to the existing storm drain system operated and maintained by the City. The proposed project would increase impervious surfaces over the project site due to the construction of 191 residential units. As discussed in Section 10, Hydrology and Water Quality, prior to the initiation of construction, the project would be required to obtain coverage under a Construction General Permit to comply with the NPDES requirement. In addition, the project would be required to comply with the LARWQCB’s Water Quality Control Plan. Under the conditions of the Construction General Permit and the Water Quality Control Plan, the developer would be required to eliminate or reduce non-storm water discharges, develop, and implement a SWPPP for the project construction activities, and perform inspections of the storm water pollution prevention measures and control practices to ensure conformance with the site SWPPP and associated BMPs. Therefore, stormwater facilities would be less than significant.
Electric Power, Natural Gas, and Telecommunications
The proposed pƌŽũĞĐƚǁŽƵůĚŶŽƚĐĂƵƐĞƐƵďƐƚĂŶƚŝĂůƵŶƉůĂŶŶĞĚƉŽƉƵůĂƚŝŽŶŐƌŽǁƚŚ;ƐĞĞ^ĞĐƚŝŽŶϭϰ Population and HousingͿĂŶĚǁŽƵůĚŶŽƚƌĞƐƵůƚŝŶǁĂƐƚĞĨƵůŽƌŝŶĞĨĨŝĐŝĞŶƚƵƐĞŽĨĞŶĞƌŐLJ;ƐĞĞ^ĞĐƚŝŽŶϲ͕ EnergyͿ. Project operation would result in an increase in electricity consumption on the project site by 1.5 GWh per year; however, electricity consumption is anticipated to have a net zero draw from the electricity grid since electricity would be generated by a PV system. Therefore, the project would not require the extension or expansion of electrical facilities.
Environmental Checklist
Utilities and Service Systems
Initial Study – Mitigated Negative Declaration 115
According to CalEEMod outputs in the Air Quality Greenhouse Gas Emissions Study ;ƉƉĞŶĚŝdžAͿ͕ there would be no estimated natural gas consumption for the project. Therefore, the project would not require additional natural gas storage/transmission facilities. Likewise, the project site is an infill project served by existing telecommunications facilities within the city and would not require the expansion or construction of new telecommunications infrastructure. Telecommunications including cell phone towers, microwave towers, and other telecommunication equipment are located throughout the city. According to the City of Palmdale General Plan, cell phone, fiber optic, and microwave towers are owned by AT&T, CenturyLink, DirectTV, Dish Network, Exede Satellite Internet, Frontier Communications, HughesNet, Sprint, Time Warner, Verizon, and Viasat Satellite.
Television/radio towers are in the foothills of the San Gabriel Mountains.
LESS THAN SIGNIFICANT IMPACT
b. Would the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? The project site receives its water service from the PWD with water supplies that include imported water, local and regional supplies, groundwater, and recycled water. PWD purchases imported water from the Department of Water Resources. The groundwater used by PWD is pumped from the Antelope Valley Groundwater Basin and has accounted for 35 percent of PWD’s supplies since 2016. PWD jointly owns and operates the Littlerock Dam Reservoir, which constitutes PWD’s surface water supply source and is located in the hills southwest of the PWD service area. PWD is actively ǁŽƌŬŝŶŐǁŝƚŚƚŚĞ^ĂŶŝƚĂƚŝŽŶŝƐƚƌŝĐƚƐŽĨ>ŽƐŶŐĞůĞƐŽƵŶƚLJ;>^ͿƚŽĚĞǀĞůŽƉƌĞĐLJĐůĞĚǁĂƚĞƌ ƐƵƉƉůŝĞƐĨŽƌŝƚƐƐĞƌǀŝĐĞĂƌĞĂĐƵƐƚŽŵĞƌƐĂŶĚĨƵƚƵƌĞŐƌŽƵŶĚǁĂƚĞƌƌĞĐŚĂƌŐĞƉƌŽũĞĐƚƐ;WtϮϬϮϭͿ͘ According to the 2020 Urban Water Management Plan, the PWD would have an adequate supply of water over the next twenty-ĨŝǀĞLJĞĂƌƐ;dĂďůĞϮϳͿ͘PWD anticipates having adequate supplies to meet demands during normal years. However, PWD anticipates that during single-dry year conditions, demands will exceed supplies starting in 2030 and during multiple-dry year conditions, demands will exceed supplies starting in 2045. Additionally, in a consecutive five-year drought, PWD anticipates demands exceeding supplies in 2021 and 2023. Therefore, additional supplies are assumed to be needed to meet demands under those conditions ;WtϮϬϮϭͿ͘ Table 22 Normal Year Water Supply and Demand Comparison (acre-feet per year [AFY])
2025 2030 2035 2040 2045
Estimated Service Area Population 126,998 132,003 138,554 145,962 153,766 Water Supply Totals 36,725 35,315 35,345 35,375 35,375 Water Demand Totals 20,220 21,310 22,980 24,780 26,250 Source: 2020 PWD Urban Water Management Plan
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Table 23 Single and Multiple Dry Year Water Supply and Demand Comparison (AFY) 2025 2030 2035 2040 2045
Estimated Service Area Population 126,998 132,003 138,554 145,962 153,766 Single Dry Year
Water Supply Totals 21,235 20,600 21,410 22,225 22,225
Water Demand Totals 20,220 21,310 22,980 24,780 26,250
Multiple - First Dry Year
Water Supply Totals 28,125 26,390 26,105 25,665 25,665
Water Demand Totals 20, 220 21,310 22, 980 24,780 26,250 Multiple - Second Dry Year
Water Supply Totals 28,125 26,390 26,105 26,665 26,665
Water Demand Totals 20,220 21,310 22,980 24,780 26,250
Multiple - Third Dry Year
Water Supply Totals 28,125 26,390 26,105 25,665 25,665
Water Demand Totals 20, 220 21,310 22,980 24,780 26,250 Multiple - Fourth Dry Year
Water Supply Totals 28, 125 26,390 26,105 26,665 25,665 Water Demand Totals 20,220 21,310 22,980 24,780 26,250
Multiple - Fifth Dry Year
Water Supply Totals 28,125 26,390 26,105 26,665 26,665
Water Demand Totals 20,220 21,310 22,980 24,780 26,250
Source: 2020 PWD Urban Water Management Plan
The project would be constructed in accordance with all applicable CBC standards, including those that mandate water-efficient fixtures and features and would also be mandated to adhere to the applicable water conservation measures for landscaping. Potential impacts may be less than significant. According to CalEEMod results in the Air Quality Greenhouse Gas Emissions Study ;ƐĞĞ Appendix AͿ͕ƚŚĞƉƌŽũĞĐƚǁŽƵůĚĚĞŵĂŶĚĂƉƉƌŽdžŝŵĂƚĞůLJϰϰ͕ϮϲϱŐĂůůŽŶƐŽĨǁĂƚĞƌƉĞƌĚĂLJ͕Žƌ approximately 49.58 AFY.
PWD anticipates water demand to increase by 6,030 AFY between 2025 and 2045. The project’s water demand would account for approximately 0.8 percent of PWC’s anticipated water demand and therefore would be accommodated by the water supply available for the city during the normal, single dry year, and multiple dry year conditions through the year 2045.
Potential impacts related to water supply would be less than significant.
LESS THAN SIGNIFICANT IMPACT
d. Would the project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
e. Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
AB 341 set a statewide goal for a 75 percent reduction in waste disposal by the year 2020 and established mandatory recycling for commercial businesses. The City is required to comply with this law and report their progress towards achieving the 75 percent reduction goal to CalRecycle. The Environmental Checklist
Utilities and Service Systems
Initial Study – Mitigated Negative Declaration 117
City of Palmdale contracts with Antelope Valley Recycling & Disposal Facility, located at 1200 W City Ranch Road. The Antelope Valley Recycling and Disposal Facility has a maximum permitted throughput of 5,548 tons of solid waste per day. The anticipated life for the landfill and its currently permitted capacity is April 2044. The last reported remaining capacity at the landfill was approximately 17,911,225 ĐƵďŝĐLJĂƌĚƐ;ĂůZĞĐLJĐůĞϮϬϭϵͿ͘ Construction of the proposed project would generate solid waste, including construction debris. This construction debris would include materials such as scrap wood, concrete, and plaster materials.
Construction debris would be removed and disposed of in a timely manner and in accordance with all applicable laws and regulations. The handling of all debris and waste generated during construction of the project would be subject to CALGreen requirements and the California Integrated Waste Management Act of 1989 ; ϵϯϵͿƌĞƋƵŝƌĞŵĞŶƚƐĨŽƌƐĂůǀĂŐŝŶŐ͕ƌĞĐLJĐůŝŶŐ͕ĂŶĚ reuse of materials from construction activity on the project site. In accordance with CALGreen requirements, the project would be required to achieve a minimum of 65 percent diversion rate for construction waste. Construction and demolition waste would be hauled to the Antelope Valley Recycling and Disposal Facility, located approximately 6.5 miles west of the project site. The removal of construction debris would only occur during the construction period and construction of the proposed project would not contribute to an exceedance of the permitted capacity of any local landfill.
According to the CalEEMod results in the Air Quality Greenhouse Gas Emissions Study ;ƐĞĞ Appendix AͿ͕ŽƉĞƌĂƚŝŽŶŽĨƚŚĞƉƌŽƉŽƐĞĚƉƌŽũĞĐƚǁŽƵůĚŐĞŶĞƌĂƚĞĂƉƉƌŽdžŝŵĂƚĞůLJϮϳϮ͘ϬϲƚŽŶƐŽĨƐŽůŝĚ waste per year or approximately 0.7 ton per day. The project’s anticipated daily solid waste generation would account for less than 0.01 percent of the Antelope Valley Recycling and Disposal Facility permitted throughput. Given the existing surplus capacity at the Antelope Valley Recycling and Disposal Facility the solid waste generated by operation of the project would be adequately accommodated by existing landfills. In addition, the proposed project would comply with federal, State, and local statues and regulations related to solid waste, such as AB 939 and the City’s recycling programs for residences. Therefore, potential impacts related to solid waste would be less than significant.
LESS THAN SIGNIFICANT IMPACT
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Environmental Checklist
Wildfire
Initial Study – Mitigated Negative Declaration 119
20 Wildfire
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
If located in or near state responsibility areas
or lands classified as very high fire hazard
severity zones, would the project:
a. Substantially impair an adopted
emergency response plan or emergency
evacuation plan?
Ƒ Ƒ Ŷ Ƒ
b. Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks and
thereby expose project occupants to
pollutant concentrations from a wildfire
or the uncontrolled spread of a wildfire?
Ƒ Ƒ Ƒ Ŷ
c. Require the installation or maintenance
ŽĨĂƐƐŽĐŝĂƚĞĚŝŶĨƌĂƐƚƌƵĐƚƵƌĞ;ƐƵĐŚĂƐ
roads, fuel breaks, emergency water
ƐŽƵƌĐĞƐ͕ƉŽǁĞƌůŝŶĞƐŽƌŽƚŚĞƌƵƚŝůŝƚŝĞƐͿ
that may exacerbate fire risk or that may
result in temporary or ongoing impacts
to the environment?
Ƒ Ƒ Ƒ Ŷ
d. Expose people or structures to significant
risks, including downslopes or
downstream flooding or landslides, as a
result of runoff, post-fire slope
instability, or drainage changes?
Ƒ Ƒ Ƒ Ŷ
a. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project substantially impair an adopted emergency response plan or emergency evacuation plan?
&ŝƌĞ,ĂnjĂƌĚ^ĞǀĞƌŝƚLJŽŶĞ;&,^ͿŝƐĂŵĂƉƉĞĚĂƌĞĂƚŚĂƚĚĞƐŝŐŶĂƚĞƐnjŽŶĞƐ;ďĂƐĞĚŽŶĨĂĐƚŽƌƐƐƵĐŚĂƐ ĨƵĞů͕ƐůŽƉĞ͕ĂŶĚĨŝƌĞǁĞĂƚŚĞƌͿǁŝƚŚǀĂƌLJŝŶŐĚĞŐƌĞĞƐŽĨĨŝƌĞŚĂnjĂƌĚ;ŝ͘Ğ͕͘ŵŽĚĞƌĂƚĞ͕ŚŝŐŚ͕ĂŶĚǀĞƌLJ ŚŝŐŚͿ͘tŚŝůĞ&,^ƐĚŽŶŽƚƉƌĞĚŝĐƚǁŚĞŶŽƌǁŚĞƌĞĂǁŝůĚĨŝƌe will occur, they do identify areas where wildfire hazards could be more severe and therefore are of greater concern. FHSZs are meant to help limit wildfire damage to structures through planning, prevention, and mitigation activities/requirements that reduce risk. The FHSZs serve several purposes: they are used to designate areas where California’s wildland urban interface building codes apply to new buildings, they can be a factor in real estate disclosure, and they can help local governments consider fire hazard severity in the safety elements of their general plans.
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The project site is in an urban area of Palmdale surrounded by roads and structures, including residential and commercial buildings. Undeveloped wildland areas are not located near the project site. According to the California FHSZ Viewer, the project site is not located in a FHSZ or VHFHSZ for ǁŝůĚůĂŶĚĨŝƌĞƐ;>&/Z
ϮϬϮϮͿ͘dŚĞŶĞĂƌĞƐƚs,&,^ŝƐůŽĐĂƚĞĚϭϬ͘ϲŵŝůĞƐŶŽƌƚŚǁĞƐƚŽĨƚŚĞƉƌŽũĞĐƚ site on the west side of SR 14. Additionally, as shown in Figure 13.4 of the Safety Element, the project area is not asƐŽĐŝĂƚĞĚǁŝƚŚĂǁŝůĚĨŝƌĞŚĂnjĂƌĚnjŽŶĞĂƌĞĂ;ŝƚLJŽĨWĂůŵĚĂůĞϮϬϮϮaͿ͘dŚĞƌĞĨŽƌĞ͕ the project site would not be subject to substantial risk of wildfire.
The project involves the construction and operation of a 191 single-single family housing development, which would incrementally increase demand for fire protection services. As discussed in Section 15, Public Services, the project site is in an urbanized area already served by the LACoFD and would not have a significant impact on fire response times nor create a substantially greater need for additional fire protection services above current capacity. The nearest fire station to the project site is Fire Station No. 93, which is located at 5624 E Avenue R, approximately one mile southeast of the project site, and would provide emergency and evacuation services in the event of a fire. Furthermore, all buildings would be constructed to meet the current building code fire safety requirements. During construction, temporary and occasional lane closures may be required on East Palmdale Boulevard. However, two-way traffic and emergency access to the site would still be maintained at construction entry points and along East Palmdale Boulevard as required by the City ŽĨWĂůŵĚĂůĞ͛Ɛ
ŶĐƌŽĂĐŚŵĞŶƚ͕'ƌĂĚŝŶŐ͕ĂŶĚ>ĂŶĚƐĐĂƉŝŶŐWĞƌŵŝƚ;ŝƚLJŽĨWĂůŵĚĂůĞϮϬϭϵͿ͘dŚĞƌĞĨŽƌĞ͕ project construction would not result in inadequate emergency access to the project site or surroundings. Impacts would be less than significant.
LESS THAN SIGNIFICANT IMPACT
b. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project, due to slope, prevailing winds, and other factors, exacerbate wildfire risks and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
As discussed under the response to Threshold a, the project site is not located in a FHSZ or VHFHSZ for wildland fires. There are no streams or rivers located on or adjacent to the project site, and the project site and surrounding areas are relatively flat and not at high risk of downslope or downstream flooding or landslides. The project does not involve uses that could exacerbate wildfire risks and risks to project occupants would be mitigated through conformance with the 2022 California Fire Code, 2022 CBC, and California Health and Safety Code, which establish provisions for fire safety related to construction, maintenance and design of buildings and land uses. Therefore, the project would not exacerbate wildfire risks or expose people or structures to risk due to runoff, post-fire slope instability, or drainage changes. Likewise, residents of the project site would not be exposed to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire. No impact would occur.
NO IMPACT
c. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? The project site is not within or near a VHFHSZ or state responsibility area. The project site is located
10.6 miles east of ƚŚĞŶĞĂƌĞƐƚŵĂƉƉĞĚs,&,^;>&/Z
ϮϬϮϮͿ͘dŚĞƉƌŽũĞĐƚ site is undeveloped but
Environmental Checklist
Wildfire
Initial Study – Mitigated Negative Declaration 121
is within an urbanized area served by existing infrastructure, including roads and utilities. The project would be served by the existing utilities in the project area and would not require the installation or maintenance of associated infrastructure within the FHSZs that may exacerbate fire risk. Therefore, no impact would occur.
NO IMPACT
d. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project expose people or structures to significant risks, including downslopes or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
As discussed under the response to Threshold a, the project site is not located in a FHSZ or VHFHSZ for wildland fires. There are no streams or rivers located on or adjacent to the project site, and the project site and surrounding areas are relatively flat and not at high risk of downslope or downstream flooding or landslides. The project does not involve uses that could exacerbate wildfire risks and risks to project occupants would be mitigated through conformance with the 2022 California Fire Code, 2022 CBC, and California Health and Safety Code, which establish provisions for fire safety related to construction, maintenance and design of buildings and land uses. Therefore, the project would not exacerbate wildfire risks or expose people or structures to risk due to runoff, post-fire slope instability, or drainage changes. Likewise, residents of the project site would not be exposed to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire. No impact would occur.
NO IMPACT
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Environmental Checklist
Mandatory Findings of Significance
Initial Study – Mitigated Negative Declaration 123
21 Mandatory Findings of Significance
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Does the project:
a. Have the potential to substantially
degrade the quality of the environment,
substantially reduce the habitat of a fish
or wildlife species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, substantially reduce
the number or restrict the range of a rare
or endangered plant or animal or
eliminate important examples of the
major periods of California history or
prehistory?
Ƒ Ŷ Ƒ Ƒ
b. Have impacts that are individually
limited, but cumulatively considerable?
;͞ƵŵƵůĂƚŝǀĞůLJconsiderable” means that
the incremental effects of a project are
considerable when viewed in connection
with the effects of past projects, the
effects of other current projects, and the
ĞĨĨĞĐƚƐŽĨƉƌŽďĂďůĞĨƵƚƵƌĞƉƌŽũĞĐƚƐͿ͍
Ƒ Ŷ Ƒ Ƒ
c. Have environmental effects which will
cause substantial adverse effects on
human beings, either directly or
indirectly?
Ƒ Ŷ Ƒ Ƒ
a. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? As discussed in Section 4, Biological Resources, the project site contains suitable habitat for western Joshua tree and short-joint beavertail cactus as well as California glossy snake, coast horned lizard, burrowing owl, loggerhead shrike, LeConte’s thrasher, and nesting birds. Implementation of Mitigation Measures BIO-1 through BIO-6 would address potential impacts to special-status species and natural habitats occurring in the project site. Mitigation Measures BIO-1 and BIO-2 would reduce impacts to western Joshua trees to less than significant and further reduce impacts to short- joint beavertail cacti. The relatively small project footprint of the site, compared to the amount of Maison’s Palmdale Boulevard 150, LLC
Tentative Tract Map 83359