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 PMC. In granting any such time extension, the 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 $4,126.25 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 TPM 83738 is granted for all boundary lines, easements, rights-of-way, and construction of off-site improvements as shown on the map date stamped ‘Received August 12, 2024’, 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 Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
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) 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 The applicant shall be responsible for the on-going maintenance and upkeep of undeveloped portions of the site, in accordance with the property maintenance requirements as set forth in the PMC Chapter 8.36 (Regulation of Property Maintenance). (P)
12 In the event the applicant files a final map with respect to any phase or phases of the tentative map less than one year from a previous filing of a final map for the project, the applicant shall be entitled to only one automatic extension pursuant to Government Code Section 66452.6(a) for those filings. (P) 13 When exhibits and written Conditions of Approval are inconsistent, the written conditions shall prevail. (P)(E)
14 Off-site public improvements (streets, drainage, sewers, etc.) may be necessary to adequately serve this subdivision/development. If off-site public improvements are required, said improvements shall be located within public easements. This TPM 83738 and SPR 22-008 approval is subject to the applicant’s acceptance of the City requirements for acquisition of said public easements, at the sole cost and expense of the applicant. The City Engineer shall have the authority to withhold approval of any affected improvement plans for failure to satisfy this Condition. (E)
15 The applicant shall participate in such on-site and off-site water service improvements or wells as may be required by the serving water purveyor/master. (E)
Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
16 Coordination with utility companies by the applicant’s engineer during design shall be required to ensure that required public improvements are not in conflict with existing or proposed utilities. (E)
17 Transmission or distribution lines less than 50kV and all other utility lines, existing and proposed, shall be installed underground in accordance with the PMC Chapter 12.04 (Underground Utilities). (E)
18 All plans, specifications, studies, reports, calculations, maps, notes, legal documents, and designs, shall be prepared, signed, and stamped (when required) only by those individuals legally authorized to do so. Development plans must be prepared, signed, and stamped by a California Registered Civil Engineer. (E)
19 Sign approval for the project is a separate process requiring the issuance of a sign permit and building permits and is subject to review and approval by the Planning Division and Building and Safety Division. (P)(B&S) 20 Left-turn ingress and/or egress at all access locations shall be subject to approval of the City Engineer and may be restricted in the future due to traffic operational or safety concerns. Alternatives to such restrictions may be considered. (TE)
21 Intersection sight distance and stopping sight distance shall be shown to meet the required standards both horizontally and vertically at all vehicular ingress/egress locations including consideration for walls, landscaping, grading, and vegetation. (TE)
22 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)
22.1 Water District
22.2 Southern California Edison
22.3 Southern California Gas Company
22.4 AT&T
22.5 Cable TV
Phase 1
Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
23 The applicant shall provide standard street improvements for the south half of Columbia Way/East Avenue M across the Phase 1 project frontage. The design shall be based on a 64-foot right-of-way on an acceptable centerline profile extending a minimum of 300 feet beyond the project where applicable.
Improvements listed below shall be constructed or designed and bonded prior to recordation of the map. These improvements shall consist of: (E)(TE)
23.1 Curb and gutter,
23.2 Sidewalk (width = eight feet),
23.3 Construct 12-foot-wide multi-purpose trail south of the 8-foot sidewalk to the satisfaction of the City Engineer,
23.4 Roadway grading and paving, overlay and/or match-up, as directed by City Engineer,
23.5 Traffic control signs and devices as required by the City Engineer,
23.6 Pavement transition from the project boundaries to the satisfaction of the City Engineer,
23.7 Curb ramp(s) at all walk returns,
23.8 Roadway drainage device(s),
23.9 Streetlights,
23.10 Raised median,
23.11 Dedicate additional right-of-way and construct improvements at project entrance/intersection as required by Traffic Division,
23.12 Construct a standard right turn lane and pavement transition within the existing 50-foot right-of-way in front of the Los Angeles County water tank parcel (APN: 3126-022-901),
23.13 Dedicate and construct a four-foot-wide minimum ADA by-pass at all proposed driveway approaches,
23.14 Dedicate sufficient right-of-way for corner cut-off in accordance with City’s Engineering Design Standards,
Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
23.15 Dedicate the right to restrict vehicular access along the Avenue M frontage to the City of Palmdale except at approved driveway approaches,
23.16 Dedicate a 12-foot bike trail easement along the westerly boundary of Parcel 1 and northerly boundary of Parcel 4,
23.17 Install a traffic signal at the intersection of Columbia Way/East Avenue M and Challenger Way. The traffic signal improvements at this intersection shall include:
23.17.1 Two northbound left turn lanes with a minimum of 350 feet of storage,
23.17.2 One northbound shared through-right turn lane,
23.17.3 A westbound left turn lane with a minimum storage of 150 feet,
23.17.4 An eastbound right turn lane 250 feet long.
23.18 Install a traffic signal at the intersection of Columbia Way/East Avenue M and 4 th Street East. The traffic signal improvements at this intersection shall include:
23.18.1 One northbound shared through-right turn lane,
23.18.2 A southbound left turn lane with a minimum of 125 feet of storage,
23.18.3 A westbound left turn lane with a minimum storage of 150 feet,
23.18.4 An eastbound right turn lane 250 feet long.
24 The applicant shall provide standard street improvements for Street “B” within the Phase 1 project boundary, face of curb to face of curb width of 64 feet (76- foot right-of-way). These improvements shall consist of: (E)
24.1 Curb and gutter,
24.2 Sidewalk (width = six feet),
24.3 Roadway grading and paving, overlay and/or match-up, as directed by the City Engineer,
24.4 Traffic control signs and devices as required by the City Engineer,
24.5 Pavement transition from the project boundaries to the satisfaction of the City Engineer,
Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
24.6 Curb ramp(s) at all walk returns,
24.7 Roadway drainage device(s),
24.8 Streetlights,
24.9 Dedicate and construct a four-foot-wide minimum ADA by-pass at all proposed driveway approaches,
24.10 Street “B” shall have an ultimate right-of-way of 82 feet wide for 370 feet south of Columbia Way/East Avenue M to accommodate a northbound right-turn lane,
24.11 Construct standard cul-de-sac at the southerly terminus of Phase 1. 25 The applicant shall prepare and submit a corridor analysis specifying the improvements as identified by the recommendations of the traffic study prepared for this development to determine fair share cost of said improvements to the satisfaction of the City Engineer. (TE)
26 The applicant shall pay their fair share of the improvements specified within the approved corridor analysis to contribute toward build-out of the improvements specified within the traffic study prepared for the development subject to the timing outlined below: (TE)
26.1 Fair share payment for Phases 1 and 2 shall be remitted to the City prior to issuance of the building permit for Parcel 9.
26.2 Fair share payment for Phase 3 shall be remitted to the City prior to issuance of the first building permit in Phase 3.
26.3 Fair share payment for Phase 4 shall be remitted to the City prior to issuance of the first building permit in Phase 4.
Phase 2
27 The applicant shall provide standard street improvements for Street “A”, “B”, & “C” within the Phase 2 project boundary, face of curb to face of curb width of 64 feet (76-foot right-of-way). These improvements shall consist of: (E)
27.1 Curb and gutter,
27.2 Sidewalk (width = six feet),
Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
27.3 Roadway grading and paving, overlay and or match-up, as directed by City Engineer,
27.4 Traffic control signs and devices as required by the City Engineer,
27.5 Pavement transition from the project boundaries to the satisfaction of the City Engineer,
27.6 Curb ramp(s) at all walk returns,
27.7 Roadway drainage device(s),
27.8 Streetlights,
27.9 Dedicate and construct a four-foot-wide minimum ADA by-pass at all proposed driveway approaches,
27.10 Dedicate sufficient right-of-way for corner cut-off in accordance with the City’s Engineering Design Standards,
27.11 Remove Street “B” cul-de-sac and provide standard improvements connecting to Street “C”,
27.12 Dedicate sufficient right-of-way and construct right turn lane on Street “C” going westbound onto Street “B”,
27.13 Dedicate sufficient right-of-way and construct right turn lane on Columbia Way/East Avenue M going eastbound onto Street “A”,
27.14 Install a traffic signal at the intersection of Columbia Way/East Avenue M and Street “A” per Traffic Division requirements.
Phase 3
28 The applicant shall provide standard street improvements for the south half of Columbia Way/East Avenue M across the Phase 3 project frontage. The design shall be based on a 64-foot half-width right-of-way on an acceptable centerline profile extending a minimum of 300 feet beyond the project where applicable, according to the General Plan designation for that street. These improvements shall consist of: (E)
28.1 Curb and gutter,
Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
28.2 Sidewalk (width = eight feet),
28.3 Construct 12-foot wide multi-purpose trail south of the 8-foot sidewalk to the satisfaction of City Engineer,
28.4 Roadway grading and paving, overlay and or match-up, as directed by City Engineer,
28.5 Traffic control signs and devices as required by the City Engineer,
28.6 Pavement transition from the project boundaries to the satisfaction of the City Engineer,
28.7 Curb ramp(s) at all walk returns,
28.8 Roadway drainage device(s),
28.9 Streetlights,
28.10 Raised and landscaped median,
28.11 Dedicate and construct a four-foot-wide minimum ADA by-pass at all proposed driveway approaches,
28.12 Dedicate sufficient right-of-way for corner cut-off in accordance with City’s Engineering Design Standards,
28.13 Dedicate the right to restrict vehicular access along the Columbia Way/East Avenue M frontage to the City of Palmdale except at approved driveway approaches,
28.14 Dedicate a 12-foot bike trail easement along the easterly boundary of Parcel 12,
28.15 Construct a 12-foot bike trail along Columbia Way/East Avenue M and around the Los Angeles County water tank parcel (APN 3126-022-901),
28.16 Construct curb and gutter, sidewalk, and asphalt pavement within the existing right-of-way along the Los Angeles County water tank parcel (APN 3126-022-091). Said improvements shall be eligible for Traffic Impact credit.
Phase 4
Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
29 The applicant shall provide standard street improvements for Street “D” within the project boundary, face of curb to face of curb width of 64 feet (76-foot right- of-way). These improvements shall consist of: (E)
29.1 Curb and gutter,
29.2 Sidewalk (width = six feet),
29.3 Roadway grading and paving, overlay and or match-up, as directed by the City Engineer,
29.4 Traffic control signs and devices as required by the City Engineer,
29.5 Curb ramp(s) at all walk returns,
29.6 Roadway drainage device(s),
29.7 Streetlights,
29.8 Dedicate and construct a four-foot-wide minimum ADA by-pass at all proposed driveway approaches.
THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO OCCUPANCY
AT BUILD OUT OF THE ANTELOPE VALLEY COMMERCE CENTER SPECIFIC PLAN:
30 The following improvements at the Sierra Highway and Columbia Way/East Avenue M intersection shall be completed (if not previously constructed): add a second eastbound left turn lane and a second westbound left lane. Modify the existing traffic signal to accommodate these improvements and implement overlap phasing for the northbound right turn movement. (TE)
THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO THE STAMPING OF THE TENTATIVE MAP FOR CONDITION COMPLIANCE:
31 The applicant shall submit a revised tentative map showing condition compliance along with required fee(s) for plan check review to the Planning Division. Lot sizes for individual lots shall be indicated and all lots shall meet or exceed the minimum lot size and required lot dimensions contained in the standards of development for the associated zone. Portions of lots included within the Landscape Maintenance Assessment District/Community Facility Districts shall not be utilized in determining compliance with the minimum lot area standards. (P)
Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
THE FOLLOWING CONDITIONS SHALL BE ADDRESSED WITH THE SUBMITTAL OF GRADING PLANS OR PRIOR TO ISSUANCE OF A GRADING PERMIT:
Site and Architectural Design
32 The applicant shall submit the final site plan, floor plans, architectural elevation(s), and photometric lighting plans to the Planning Division for review and approval along with required fee(s) for plan check review through the Accela Citizen Access portal. Such plans shall be fully dimensioned and in substantial conformance with those approved by the Review Authority. Plans shall address the following: (P)(TE)(BS)(PS)
Screening
32.1 Utility and transformer boxes, backflow devices, and other similar equipment facilities shall be placed underground, unless otherwise specified and approved. Screening shall be compatible with main structures and include landscaping where appropriate. All electrical switchgear shall be located within an electrical or utility room within the building which may be accessible from an exterior door or doors. Exterior surface mounted switchgear shall be prohibited.
32.2 The location of all devices required by the water district shall be shown on the site plan. All such devices shall be screened with a low-profile wall to match the building, or other method as approved by the Planning Manager.
32.3 The location and method of screening for all roof-mounted equipment shall be demonstrated, including but not limited to air conditioning and heating units, plumbing flues and vents. All equipment shall be screened from public view. All roof-mounted equipment shall be screened from view by parapet walls or other architectural means. The applicant shall demonstrate to the satisfaction of the Planning Manager that no roof- mounted equipment will be visible from the public right-of-way. A line of- sight drawing showing full screening of the roof-mounted equipment by the building parapets shall be submitted to the satisfaction of the Planning Manager.
32.4 Exterior ladders providing roof access and exterior downspouts shall be prohibited. Access to the roof and all gutters/downspouts shall be concealed within buildings.
Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
32.5 Any proposed bollards shall include a decorative cover consistent with the architectural style of the associated building. Safety Yellow colored pipe style bollards shall only be permitted in areas hidden from the public right- of-way.
32.6 The location and enclosure details of refuse containment areas shall be in compliance with the Specific Plan, or if the Specific Plan is silent, PMC Chapter 17.85.020 (Refuse and Recycling). Refuse and recycling enclosures shall be screened by a six-foot decorative masonry block wall/material compatible with the main structure(s). A self-closing gate constructed of solid metal material painted to match the enclosure and a solid decorative roof treatment shall be provided. Refuse enclosures shall be designed to meet or exceed the minimum capacity requirements of the development as determined by PMC Chapter 15.30 (CALGreen Recycling Requirements), PMC Chapter 17.85 (Utilities and Services), and waste hauler. Enclosures shall be located to provide unobstructed 24-hour access to refuse collection vehicles.
32.7 The location of the outdoor employee and amenity area shall be demonstrated and shall include a protective screen wall.
32.8 Landscape screening for above-grade transformers shall be demonstrated while maintaining the utility company minimum five-foot clearance requirement.
Lighting
32.9 The photometric lighting plan for parking areas shall comply with applicable standards contained in the Specific Plan, or if the Specific Plan is silent, PMC Section 17.86.030 (Outdoor Lighting).
32.10 All exterior lighting shall be decorative and appropriate for the architecture of the associated building. Light fixtures shall comply with the Specific Plan, or if the Specific Plan is silent, with PMC Section 17.86.030 (Outdoor Lighting) and shall not project above the fascia or roof line of the building.
32.11 Buildings shall have exterior security lighting fixtures or wall packs installed that are protected by a weather and vandal-resistant covering.
Security lighting must follow the specifications of the Specific Plan, or if the Specific Plan is silent, PMC Section 17.86.030 (Outdoor Lighting).
Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
32.12 Parking lot lighting shall comply with applicable standards contained in the Specific Plan, or if the Specific Plan is silent, the PMC and shall not be obstructed by trees or other landscaping.
32.13 Pedestrian walkways shall have sufficient decorative pathway lighting.
32.14 Exterior door, perimeter, canopy, and parking area lights shall be controlled by photocell and shall be left on during hours of darkness or diminished lighting.
32.15 All parking lots, aisles, and grounds contiguous to buildings shall be provided with sufficient lighting to provide adequate illumination for the safety and security of vehicles and pedestrians using the site during the hours of darkness or diminished lighting. Such lighting shall be equipped with vandal and weather-resistant covers/lenses and comply with specifications of the PMC.
Architectural Design
32.16 Architectural elevations shall note proposed materials, colors, height, dimensions, window, roof, and treatments for all four sides of proposed structure(s).
32.17 If glass skylights are installed on the roof, they shall be provided with rated burglary resistant glass or glass like acrylic material. Iron bars of at least one-half inch round or by one-fourth inch flat steel material spaced no more than five inches apart or a steel grill of at least one-eighth inch material or two-inch mesh, shall be securely fastened over the skylight to prevent entry.
32.18 Iron bars or steel grills, with the same specifications as for skylights, shall be used on air ducts or air vent openings exceeding eight inches by 12 inches located on the roof or exterior walls to prohibit access by unauthorized persons.
Circulation/Parking Safety and Loading Areas
32.19 The site plan shall identify the interior traffic flow pattern.
32.20 The site plan shall identify all pedestrian access ways and traffic crossings. Crossings shall be clearly marked, lighted and identified throughout the interior of the project. Design of these areas shall be reviewed and approved by the applicable City departments and shall Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
comply with Title 24 Handicapped Accessibility Standards and City Building Codes (most current edition).
32.21 The site plan shall indicate the alignment of all adjacent streets, turn lanes, medians, bus turnouts, the location of project entrance(s), drive aisles, traffic control devices, sidewalks, landscape setbacks, and the location of other infrastructure.
32.22 A truck radius shall be provided for Buildings 1 through 3 depicting turn-in access for a semi-tractor with one standard trailer into the truck court form the adjacent auto parking lots. One tractor radius shall be depicted for each of the remaining buildings proposed in Phase 1.
32.23 All truck court loading areas visible from the public right-of-way shall be screened with a solid wall to the satisfaction of the Planning Manager.
32.24 To the extent feasible, detail demonstrating that trucks will not co-mingle with passenger vehicles at the main entry points to each site shall be provided.
32.25 Textured/colored entry driveways from all public streets to the general parking lot access shall be provided.
Use Related
32.26 The site plan shall provide a Building Code Analysis showing the occupancy of each building, the allowable area of the buildings, and the proposed areas of the building. (Adopted codes are the 2022 California Building Codes with Palmdale amendments.)
Development Landscaping Requirements
33 The landscape plans shall comply with all provisions of the Specific Plan, or if the Specific Plan is silent, PMC Chapter 14.05 (Water Efficient Landscape and City Landscaping Standards). (E)
34 The applicant shall submit landscape and irrigation plans for all project landscaping improvements to the Engineering Division for review and approval, through the Accela Citizen Access Portal. The applicant shall be responsible to pay all plan review fees for the improvements reflected on the landscape plans prior to the plans being reviewed. All landscape permit and inspection fees shall be paid prior to the issuance of a landscape permit. These plans shall be in Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
compliance with the Specific Plan and include, but not be limited to, the following items: (P)(E)(PS)
34.1 Trees in the parkways shall not exceed a spacing approved by the City Engineer for the species proposed.
34.2 Where trees are incorporated into the landscape design of common or open areas, all trees shall be a minimum one-inch caliper in a 15-gallon or larger container size. Fifty percent of the trees shall be a minimum two- inch caliper in a 24-inch box size or larger container. Twenty percent of the trees shall be a minimum two-and-a-half-inch caliper in a 36-inch box size or larger container. The trunk caliper shall be measured four and a half feet above the root crown. Any Washingtonia spp. or similar palm trees proposed shall have a minimum of 12 feet of brown trunk height.
34.3 All shrubs shall be a minimum five-gallon size. If one-gallon plants are proposed to be used as a ground cover (i.e., with drip irrigation), such planting shall be supplemented with additional five-gallon plant material to provide variation in texture and height.
34.4 All plant material shall be indicated on the landscape plans with symbols that are 75 percent of a diameter of the mature size of the plant. When determining mature plant size, the lower end of the size range shall be used (for example, if a plant is indicated to have a mature size of six to - ten feet, a six-foot diameter shall be used when graphically indicating the plant material on the plan).
34.5 All landscape areas shall be enclosed by a six-inch raised concrete curb.
Differences in planting areas or landscaping ground cover materials shall be separated by approved landscape edging or concrete mow strips.
34.6 All slopes steeper than 3:1 shall be landscaped for erosion control per the Engineering Design Standards.
34.7 Backflow devices shall be screened with a solid Le Meur cover or equivalent and landscaping.
34.8 All plant material sizes and calipers shall conform to the American Standard for Nursery Stock, ANSI (Z60.1) 2014.
34.9 Landscaping shall be provided within parking areas so that at least 15 percent of the surface area of the parking lot is landscaped (excluding Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
perimeter and front setback landscaping). Landscaping shall be dispersed throughout the parking lot to provide shade throughout the lot.
34.10 A minimum of one canopy tree for every four parking stalls (or eight parking stalls when two rows of four share a common frontage) shall be provided.
34.11 A minimum 50 percent of the parking lot trees shall be a minimum 24-inch box size and with a minimum two-inch caliper. Twenty percent of the trees shall be a minimum two-and-a-half-inch caliper in a 36-inch box size or larger container.
34.12 Landscape planters shall be a minimum of six feet in width (inside dimension), except that tree wells located between parking rows and spaces may be a minimum of four feet in width (inside dimension). All landscaping and planting within paved areas shall be contained within raised planters surrounded by six-inch concrete curbs. Tree areas shall be planted a minimum of five feet from walls, walkways, or buildings. To protect the hardscape and encourage deep root development, root barriers shall be installed during planting operations.
34.13 Wheel stops or curbs shall be placed a minimum of 30 inches away from the trunk of any tree.
34.14 Landscape islands, a minimum 10 feet in width with minimum aisle turning radii of 10 feet shall be provided at the end of all parking rows, except where parking rows directly abut buildings, sidewalks, wall, or similar features.
34.15 Parking rows containing 15 or more spaces shall contain one landscape island within the interior of the parking row for each 15 parking spaces in addition to the required row end landscape islands.
34.16 Landscape islands shall not extend closer than three feet from the aisle end of the adjacent parking space(s).
34.17 Landscape islands shall be designed with a six-inch curb and a minimum one-foot paved area where abutting the side of parking stalls. Paved areas of landscape islands shall not be counted toward fulfilling landscape requirements.
34.18 All landscape islands, which are located at the front of head-in parking spaces, shall be designed with a minimum two-and-a-half-foot area free Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
from vegetation where the front of a vehicle may overhang the island.
The overhang area shall be surfaced with non-living landscape material such as gravel or rock. Two and a half feet of the overhang area may be counted as part of the overall parking space length.
34.19 Landscaping along the property line shall be defined by use of a six-inch concrete curb or a block wall or six-inch concrete mowing strip or a combination thereof.
34.20 Parking areas located adjacent to streets shall contain a low-profile wall, berm, or lowered parking area, at least three feet in height, designed to screen vehicles from the adjacent street.
34.21 Landscaping located within the vehicle sight distance triangle shall be designed and maintained in a manner that does not block the view at driveways and adjacent intersections. Landscaping shall not exceed three feet in height within the sight distance triangle.
34.22 On-site landscaping should not provide hiding places. Limit surrounding landscaping to low-growth plants no higher than two feet.
34.23 Trees that will not block area surveillance or light distribution shall be utilized. Tree canopies shall be no lower than six feet.
34.24 Landscaping located beneath a window shall be no taller than the windowsill and maintained at this standard. Barrier plants shall be used below and to the sides of windows, when feasible.
34.25 Provide the final conceptual landscape plan depicting “accent landscaping” at the main entrances to the project.
35 Slope erosion control and street trees shall be installed to the satisfaction of the City Engineer. (E)
36 If western Joshua trees ( Yucca Brevifolia) are present on the site and impacted by the proposed project, the applicant shall comply with all Joshua Tree requirements as required by the California Department of Fish and Wildlife. (P) Project Grading/Wall/Fences Requirements
37 Approval from the Union Pacific Railroad shall be required for any improvements within the Union Pacific Railroad right-of-way. The applicant shall be responsible to pay all costs associated with Union Pacific’s review and approval. (E) Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
38 The applicant shall submit a current Title Report for the subject property, dated within six months of the date for civil plan submittal. This submittal shall include a declaration of all easement of record and copies of all easements/declaration instruments referenced within the report. (E)
39 Grading and Wall plans shall be submitted for review and approval to the Engineering Division, through the Accela Citizen Access Portal. Approval by both the City Engineer and Planning Manager shall be obtained prior to the issuance of a Grading Permit. Final grading and wall concepts shall be in substantial conformance with those shown on the approved site plan, conceptual grading plan, and in accordance with the following: (P)(E)(B&S) 40 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 two and a half 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) 41 The exterior face and footings of all project perimeter walls shall be located no more than two inches from the property line on the subject property except where appropriate off-site easements have been obtained. (P)(E) 42 Double boundary walls between developments shall be prohibited except as approved by the Planning Manager and City Engineer. (P)(E) 43 Unless being used for screening purposes, fencing shall allow for access control without eliminating the opportunity for natural surveillance. Open-view fencing, such as wrought iron, is recommended wherever possible. (PS) 44 The location and amount of wall packs shall be demonstrated. (PS) 45 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 Review Authority. (P)(E) 46 The applicant shall obtain off-site easements from the affected property owner(s) for all proposed off-site improvements (i.e., slopes and related grading activities, street improvements, walls drainage, etc.). If said easements cannot be obtained, the project shall be redesigned to incorporate these improvements entirely within the project boundary to the satisfaction of the Planning Manager or the Review Authority. The City Engineer shall have the right to withhold approval of the affected improvement plans for failure to satisfy this condition. (P)(E) Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
47 All manufactured slopes on or adjacent to the 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 off-site slope not meeting these requirements. In addition, all slopes are required to meet City Standards with respect to erosion control. (E)
48 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)
48.1 The applicant shall submit a dust control plan to AVAQMD for review and shall obtain clearance 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)
49 From the beginning of the first ground disturbing activity until the use has 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 AVAQMD Standards, to minimize nuisance from dust at all times. (E)(B&S)
50 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. The applicant shall submit a copy of the Stormwater Pollution Prevention Plan (SWPPP) to the City Engineer. (E)
51 A drainage acceptance letter from each affected property owner shall be submitted to the City Engineer when the pre-developed storm runoff onto any adjacent property is increased, concentrated, diverted, or changed in any form as required by State law. (E)
52 A final hydrology study and hydraulics report shall be prepared for this project and approved by the City Engineer. The hydrology study and hydraulics report Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
shall address on-site and off-site conditions and impacts, based on the City of Palmdale adopted Storm Water Management Policy. (E)
53 Based on the findings of the final hydrology and hydraulics report, the applicant shall be responsible, at their own expense, for any and all improvements imposed on the project by the Engineering Department to the satisfaction of the City Engineer. (E)
54 All nuisance water generated from this development shall be mitigated on-site in accordance with City’s Design Standards requirements. (E) 55 An on-site/off-site storm drainage basin (detention) shall be required for this development. Such basin(s) shall be granted in easement to the City (for emergency maintenance only), but regular maintenance shall be the responsibility of the applicant, or their City approved designee. (E) 56 This subdivision/development 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)
56.1 All drainage facilities shall be designed to be compatible with Master Plan of Drainage facilities. Applicant shall provide system piping to allow for the future elimination of the drainage basin. (E)
56.2 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)
57 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 approval of a grading permit. (E) 58 The applicant shall enter into a Subdivision/Development Improvement Agreement and post securities for grading operations with the City and pay all applicable fees. Grading activities extending beyond phase boundaries shall require approval by the City Engineer and Planning Manager. Such grading activity shall be reflected in the Subdivision/Development Improvement Agreement of the phase which requests such grading. (E) 59 Grading shall be designated “Engineering Grading” per City Building Code and shall be done in accordance with an approved grading plan. All grading work Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
shall be performed in one continuous operation, or in phases as approved by the Planning Manager and the City Engineer. (E)
60 A sanitary sewer-area study for this project 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) 61 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)
61.1 The project shall be required to upsize the existing eight-inch sewer main to a 15-inch main line along the Columbia Way/East Avenue M frontage at the owner’s expense.
62 *EIR Mitigation Measure AIR RR-3: The Project shall comply with the provisions of AVAQMD Rule 403, Fugitive Dust, including the submission of the required Dust Control Plan and Construction Excavation Fee, by implementing the following dust control measures during construction activities, such as earth- moving activities, grading, and equipment travel on unpaved roads. Prior to grading permit issuance, the following notes shall be included on the grading plans. Project contractors shall be required to ensure compliance with the notes.
The notes also shall be specified in bid documents issued to prospective construction contractors. (P)
62.1 All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25 miles per hour (mph) per AVAQMD guidelines in order to limit fugitive dust emissions, or water shall be applied to the soil not more than 15 minutes prior to moving such soil to limit Visible Dust Emissions (VDE) to 20 percent opacity.
62.2 The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered or subject to the application of dust suppressants sufficient to limit VDE to 20 percent opacity.
62.3 The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 mph or less.
Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
63 *EIR Mitigation Measure BIO MM-1: For all vegetation removal activities, the Project Applicant shall retain a qualified biologist to ensure that incidental construction impacts on Joshua tree and special status wildlife species are avoided or minimized to the maximum extent practical. The following shall be required: (P)
63.1 Biological Monitor. Prior to the issuance of a grading permit or any other permit that would authorize vegetation removal from or ground disturbance on the site, the Project Applicant shall retain a qualified biologist (“Dedicated Biologist”) to monitor vegetation removal and initial ground disturbing construction activities for the potential presence of sensitive wildlife species. The Dedicated Biologist shall possess Scientific Collection Permits from CDFW for sensitive species that have a reasonable potential of being encountered on the site on the basis of suitable habitat. The Dedicated Biologist shall be on the site full time during vegetation removal and grading activities. Should any sensitive species be observed, the Dedicated Biologist shall have the authority to pause or redirect construction equipment away from observed sensitive species and direct or move the species out of harm’s way to the extent practicable, to a location of suitable habitat outside of the Project’s impact footprint. Construction work may recommence in areas where sensitive species were observed only after the Dedicated Biologist has determined it is safe to do so. The Dedicated Biologist shall remain on site daily during ground disturbing activities and vegetation removal to advise workers to proceed with caution and ensure that sensitive wildlife, if present, is not unnecessarily harmed.
63.2 Wildlife Relocation Plan. Prior to issuance of the first permit that authorizes vegetation removal or ground disturbance, the Dedicated Biologist shall prepare and submit to the City a Wildlife Relocation Plan.
The Wildlife Relocation Plan shall describe all wildlife species that could occur within the Project site and proper handling and relocation protocols.
The Wildlife Relocation Plan shall include species-specific relocation areas, at least 200 feet outside of the Project site and in suitable and safe relocation areas. No wildlife nests, eggs, or nestlings may be removed or relocated at any time.
63.3 Injured or Dead Wildlife. If the Dedicated Biologist or construction contractor observe that any wildlife species of special concern (SSC) are harmed or a dead or injured animal is found, construction work in the immediate area shall stop immediately, the Dedicated Biologist shall be notified, and the dead or injured wildlife shall be documented. A formal report shall be sent to CDFW and the City within three calendar days of the incident or finding. The report shall include the date, time of the finding Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
or incident (if known), and location of the carcass or injured animal and circumstances of its death or injury (if known). Work in the immediate area may only resume once the proper notifications have been made and additional measures have been identified to prevent additional injury or death.
63.4 Contractor Coordination. The Dedicated Biologist shall coordinate with the Project’s construction Contractor(s) involved in vegetation clearing and ground-disturbing construction activities to accomplish the following:
63.4.1 Attendance at the pre-construction tailboard meeting (i.e., on-site meeting prior to work activities) to ensure that timing and location of construction activities do not conflict with other mitigation requirements (e.g., seasonal surveys for nesting birds). The meeting shall be conducted with the Construction Contractor and other key construction personnel to describe the importance of restricting work to designated areas.
63.4.2 Discussion with the Construction Contractor of procedures to minimize harm/harassment of wildlife that may be encountered during construction.
63.4.3 Review/designation of the construction area with the Construction Contractor in accordance with the Final Grading Plan. Haul roads, access roads, and on-site staging and storage areas shall be sited in grading areas to minimize degradation of habitat adjacent to these areas. If activities outside these limits are necessary, they shall be evaluated by the Biologist to ensure no special status species or habitats will be affected.
63.4.4 A field review that is conducted to stake designated construction limits (to be set by a Surveyor retained by the Project Applicant).
Any construction activity areas immediately adjacent to Joshua tree woodland may be flagged or temporarily fenced by the Biological Monitor at their discretion.
63.4.5 Submittal of a brief report to the City discussing any unapproved disturbances resulting in impacts to special status resources within 48 hours of the incident.
64 *EIR Mitigation Measure BIO MM-3: Prior to the issuance of grading or building permits, the Project Applicant shall obtain a CESA Section 2081 Incidental Take Permit (ITP) or a Joshua Tree Conservation Act ITP from the California Department of Fish and Wildlife (CDFW) allowing impacts to western Joshua Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
tree, a State Candidate species. Compensatory mitigation for impacts on Joshua tree woodland are described in BIO MM-4. If regulatory status changes at any point prior to impacts, and the species is no longer designated as a State Candidate for listing or a State listed species, an ITP would no longer be required. (P)
65 *EIR Mitigation Measure BIO MM-4: The Project Applicant shall provide mitigation for permanently impacting Joshua tree woodland and disturbed Joshua tree woodland. The goal of this mitigation is to ensure no net loss of habitat following implementation of the Project. Mitigation ratios (i.e., the amount of mitigation acreage compared to the amount of impacted habitat) shall be negotiated with the resource agencies but shall be no less than 1:1, replacing each acre of habitat lost with of one acre of equivalent or higher quality habitat.
This mitigation may be in the form of habitat preservation, restoration, enhancement, and/or establishment (i.e., creation), or an in-lieu fee program, discussed below. The Project Applicant shall implement one or a combination of these options, as approved by CDFW in the permit described in BIO MM-3.
Successful implementation of BIO MM-3, issuance and utilization of an ITP, shall fully mitigate Joshua tree woodland impacts and eliminate the requirements of BIO MM-4. (P)
65.1 Preservation consists of acquisition of mitigation lands containing viable occurrences of the species, or that enhance the sustainability of the occurrences by protecting buffer lands and protecting those occurrences in perpetuity under a conservation easement or an in-lieu fee program that is transferred to a qualified land trust or public agency.
65.2 Restoration consists of the reestablishment or rehabilitation of mitigation land with the goal of returning natural or historic functions and characteristics. Restoration may result in a gain in habitat function, acreage, or both.
65.3 Enhancement consists of activities that heighten, intensify, or improve one or more habitat functions. Enhancement results in a gain in habitat function but does not result in a net gain in habitat acreage.
65.4 Establishment consists of the development of habitat in an area where it did not previously exist through manipulation of the physical, chemical, and/or biological characteristics of the site.
Compensatory mitigation may be in the form of permittee-responsible mitigation, in which the permittee maintains liability for the construction and long-term success of the mitigation site or through mitigation banking/in-lieu fee program, where liability for Project success is Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
transferred to a third party (i.e., a mitigation bank/in lieu fee sponsor). If the Project Applicant elects to provide mitigation through mitigation banking/in-lieu fee program, the mitigation bank/program shall be selected by the Project Applicant and approved by CDFW and payment shall be made prior to the issuance of grading or building permits. The Joshua Tree Conservation Act ITP process establishes an in-lieu fee program directly with CDFW (See BIO MM-3).
For permittee-responsible mitigation involving establishment, restoration, or enhancement of habitat, the Project Applicant shall retain a qualified Biologist to prepare a Habitat Mitigation Monitoring Plan (HMMP) to mitigate for loss Joshua tree woodland habitat. The HMMP shall be reviewed/approved by the CDFW prior to issuance of grading or building permits. The detailed HMMP shall contain the following items:
65.5 Responsibilities and Qualifications of the Personnel to Implement and Supervise the Plan. The responsibilities of the Project Applicant or its designee, specialists, and maintenance personnel, as well as the qualifications of specialists and maintenance personnel that will supervise and implement the plan, shall be specified.
65.6 Site Selection. Site selection for restoration, establishment, enhancement, and/or preservation mitigation shall be determined in coordination with the Project Applicant, or its designee, and resource agencies. The mitigation site(s) shall be located in a dedicated open space area or on land that shall be dedicated and/or purchased off site.
65.7 Site Preparation and Planting Implementation. Site preparation shall include the following, as determined by specific site conditions and permit requirements: protection of existing native species, trash and weed removal, native species salvage and reuse (i.e., duff), soil treatments (i.e., imprinting, decompacting), temporary irrigation installation, erosion-control measures (i.e., rice or willow wattles), seed mix application, and container species.
65.8 Schedule. A schedule that requires planting to occur between October 1 and March 1 shall be developed.
65.9 Maintenance Plan/Guidelines. The maintenance plan shall include the following, as determined by specific site conditions and permit requirements: weed control, herbivory control, trash removal, irrigation system maintenance, maintenance training, and replacement planting.
Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
65.10 Monitoring Plan. The site shall be monitored and maintained for a minimum of five years to ensure successful establishment of riparian habitat within the restored and created areas. The monitoring plan shall include qualitative monitoring (i.e., photographs and general observations); quantitative monitoring (e.g., randomly placed transects); performance criteria, as approved by the resource agencies; and monthly reports for the first year with quarterly reports thereafter and annual reports for all five years.
65.11 Long-Term Preservation. Long-term preservation of the site shall be outlined in the restoration and enhancement plan to ensure the mitigation site is not impacted by future development.
Although monitoring plans are typically scheduled for five years, if performance standards are successfully met prior to five years, the Project Applicant may request to be released from remaining monitoring requirements by CDFW.
66 *EIR Mitigation Measure BIO MM-7: Per the Staff Report on Burrowing Owl Mitigation (CDFG 2012), the Project Applicant shall retain a qualified Biologist to conduct a preconstruction survey for the burrowing owl no less than 14 days prior to any ground disturbance by the Project and no greater than 30 days prior to ground disturbance in each Project area. The pre-construction survey shall include the area of proposed disturbance plus a 500-foot buffer (if access is available).
If an active burrow is observed outside the breeding season (i.e., September 1 to January 31) and it cannot be avoided, and therefore Take may occur, a CESA ITP would be required, and project construction shall not proceed until authorized under the provisions of an ITP. Implementation of the conditions of an ITP will fully mitigate for potential impacts to burrowing owl.
If an active burrow is observed outside the breeding season (i.e., September 1 to January 31) and it can be avoided, the Biologist shall determine an appropriate protective buffer for the burrow based on CDFW guidelines. The buffer shall range from 160 feet to 1,640 feet depending on the level of impact and the time of year (See Table below). The designated buffer shall be clearly marked in the field and shall be mapped as an ESA on construction plans. The Project Applicant or its designee shall contact CDFW to determine whether a reduced buffer can be accommodated without adversely impacting occupied burrows. If the qualified biologist determines that Take map occur, a CESA ITP would be required.
Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
If an active burrow is observed during the breeding season (i.e., February 1 to August 31), the active burrow shall be protected until nesting activity has ended (i.e., all young have fledged from the burrow). The Biologist shall determine the appropriate protective buffer for the burrow based on CDFW guidelines. The buffer shall range from 650 to 1,640 feet depending on the level of impact and the time of year (See Table below). The designated buffer shall be clearly marked in the field and shall be mapped as an ESA on construction plans. The Project Applicant or its designee shall contact CDFW to determine whether a reduced buffer can be accommodated without adversely impacting occupied burrows. Construction shall be allowed to proceed when the qualified Biologist has determined that all fledglings have left the nest. Compensatory mitigation for the loss of foraging habitat shall be satisfied with implementation of MM BIO 6. If the qualified biologist determines that Take may occur, a CESA ITP would be required.
Time of Year Level of Disturbance
Low Medium High
Nesting Sites April 1 to
August 15
656 feet
(200 meters)
1,640 feet
(500 meters)
1,640 feet
(500 meters)
Nesting Sites August 16 to
October 15
656 feet
(200 meters)
656 feet (200
meters)
1,640 feet
(500 meters)
Nesting Sites October 16 to
March 31
164 feet (50
meters)
328 feet (100
meters)
1,640 feet
(500 meters)
Upon completion of the pre-construction burrowing owl survey, a Letter Report shall be prepared and submitted to CDFW documenting the results of the survey within two weeks of completion of the survey effort. If an active burrow is observed, the Letter Report shall include a description of the protective buffer that has been designated and a summary of any additional correspondence with the CDFW.
If time lapses of greater than 30 days occur during construction in a particular portion of the work area, an additional survey shall be conducted by a qualified Biologist within 24 hours prior to vegetation clearing and/or ground disturbance in that area. If any new burrowing owl burrows are observed, the conditions above shall be applied. (P)
Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
67 *EIR Mitigation Measure BIO MM-8: The Project Applicant shall retain a qualified Biologist to conduct a pre-construction burrow survey for desert kit fox and American badger no less than 14 days and no more than 30 days prior to initiation of ground disturbance/construction activities. Ideally, this survey shall be conducted outside the breeding season (i.e., February 1 to September 15) to allow for passive exclusion, if necessary. The pre-construction survey shall include the Project site plus a 200-foot buffer (if access is available). If no active burrows are found, no further mitigation would be required.
If an active burrow is observed outside the breeding season (i.e., September 16 to January 31) and it cannot be avoided, the burrow shall be closed using passive exclusion. One-way doors shall be used to exclude American badgers from their burrows; doors shall be left in place for at least five nights. Progressive soil blocking shall be used to discourage use by desert kit fox. Once the burrow is determined to be unoccupied (i.e., not used for five nights), as verified by site monitoring (e.g., wildlife cameras), the burrow shall be closed by a qualified Biologist who shall excavate the burrow using hand tools.
If an active burrow is observed outside the breeding season (i.e., September 16 to January 31) and it can be avoided, a 50-foot protective buffer shall be delineated around the burrow. The designated buffer shall be clearly marked in the field and shall be mapped as an ESA on construction plans. The Project Applicant shall consult with CDFW to determine whether a reduced buffer can be accommodated without adversely impacting occupied burrows.
If an active den is observed during the breeding season (i.e., February 1 to September 15), the active den shall be protected with a 100-foot buffer until breeding activity has ended. The designated buffer shall be clearly marked in the field and shall be mapped as an ESA on construction plans. The Project Applicant shall contact CDFW to determine whether a reduced buffer can be accommodated without adversely impacting the occupied den. Construction shall be allowed to proceed when the qualified Biologist has determined that the burrow is no longer active based on site monitoring (i.e., no activity has been observed at the burrow for five nights).
Upon completion of the pre-construction burrow survey, a Letter Report shall be prepared and submitted to CDFW documenting the results of the survey within two weeks of completing the survey effort. If an active burrow/den is observed, the Letter Report shall include a description of the protective buffer that has been designated and a summary of any additional correspondence with the CDFW. (P)
68 *EIR Mitigation Measure BIO DF-2: Prior to the initiation of ground-disturbing construction activities, the Project’s construction contractor supervisors shall be Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
trained by a qualified biologist on the topic of best management construction practices to avoid and minimize impacts to sensitive biological resources present on and around the Project site. The construction supervisors shall be responsible for enforcement of best practices by its personnel. The training shall occur within 30 days of the contractor initiating work on the Project site. (P) 69 *EIR Mitigation Measure BIO MM-13: So long as the Crotch’s bumble bee remains a California State Candidate Endangered Species, or becomes listed as an endangered or threatened species, the following measures shall be required, including seasonal avoidance, construction site management, and nest avoidance verified through focused surveys. Implementation of these measures will avoid Take and reduce impacts to less than significant. If Take cannot be avoided, the Project Applicant shall obtain an Incidental Take Permit (ITP) from the CDFW. (P)
69.1 Seasonal Avoidance – Crotch’s bumble bee colonies are active in the spring and summer months (approximately February 1 through September 30). Breeding occurs during this period. Prior to the issuance of any clearing, grading, building, or other permit that would authorize vegetation clearance, a Qualified Biologist shall identify and visibly mark in the field with fencing, stakes, or flags with rope/cord, all areas of suitable Crotch’s bumble bee habitat. No clearance of suitable habitat for any Project-related purpose shall be permitted to occur in the marked area(s) between February 1 and September 30. Avoidance of all direct impacts to suitable habitat on the Project site during this time period will avoid Take of an active colony and prevent impacts to breeding
69.2 Focused Survey – Within the survey season prior to disturbing or clearing suitable Crotch’s bumble bee habitat areas (which may only occur between October 1 and January 31), a Qualified Biologist(s) shall conduct focused surveys for Crotch’s bumble bee. The surveys will occur between April 1 and July 31. Surveys will be scheduled to maximize the interval time between each of three visits. The surveys will be carried out at least two hours after sunrise and three hours before sunset, avoiding suboptimal weather conditions. The surveys will occur under dry conditions with temperatures above 60° F and wind speeds under 8 mph, following the CDFW recommended guidelines released in their June 26, 2023 “Survey Considerations for California Endangered Species Act (CESA) Candidate Bumble Bee Species." The surveying rate will be three acres of potentially suitable habitat per one person-hour of searching, excluding time spent on photography and bumble bee identification during the survey. Surveying Biologists will traverse meandering transects within the survey area to ensure complete 100% coverage, examining flowering plants, cavities in the ground, and mammal burrows with binoculars to Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
detect the presence of any bumble bees. If a bumble bee is detected, photographs will be taken using a digital single-lens reflex (DSLR) or point-and-shoot camera with adequate zoom capabilities and an LCD screen for accurate identification. Multiple photos will be taken of each individual, with a spacer photo between to distinguish individuals. In cases where multiple bees are observed entering or exiting a cavity or mammal burrow, the biologist will continue observing until nesting is confirmed. The biologists will record detailed field notes using the CDFW “Crotch Bumble Bee Survey Field Data Sheet”. A copy of the letter report will be submitted to the CDFW within 45 days of completion of surveys. The City shall not issue a clearing, grading, building, or other permit that would authorize clearance of suitable habitat until the Biologist submits written results of the survey verifying that no Crotch’s bumble bee are present in the area proposed for disturbance. If Crotch’s bumble bee is detected, the Project applicant will coordinate with CDFW prior to any additional Project activities. If nests are present, the City shall not allow disturbance to or clearance of the nesting habitat without issuance of an ITP by the CDFW.
69.3 Construction Site Management – The following measures are recommended as best management practices during construction activities that occur within 500 feet of suitable Crotch’s bumble bee habitat. These requirements shall be noted on applicable construction documents and shall be included as provisions in construction contractor agreements.
69.3.1 Trash Abatement. A trash abatement program shall be initiated before starting construction activities. Trash and food items shall be contained in animal-proof containers and removed, ideally at daily intervals but at least once a week, to avoid attracting opportunistic predators to Crotch’s bumble bee.
69.3.2 Erosion Control Materials. The use of erosion control materials potentially harmful to Crotch’s bumble bee, such as monofilament netting (erosion control matting) or similar material shall be prohibited. An acceptable substitute is coconut coir matting. To limit introduction of invasive plant species, erosion control materials shall; be limited to straw, rice straw and/or weed-free straw and the use of hay shall be avoided.
69.3.3 Pesticide Use. Pesticides, including herbicides, insecticides, or rodenticides shall not be used unless there are no other feasible options. If pesticides need to be used, the use of neonicotinoid pesticides and pesticides marked with the US Environmental Protection Agency's bee hazard icon shall be prohibited.
Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
Preferentially use chemicals that are rated green/III in California Agricultural and Natural Resources (UC ANR), Statewide
Integrated Pest Management Program (UC IPM) Bee Precaution Pesticide Ratings. Additionally, mixtures with fungicides and adjuvants, like those that contain alkylphenol ethoxylates, shall be prohibited because these have been shown to increase the risk of pesticide toxicity to bees.
69.3.4 Construction Lighting Minimization. If construction activities will occur at night, all construction-related lighting shall be shielded or directed away from Crotch’s bumble bee habitat. All construction lighting used shall be yellow or orange lighting.
70 *EIR Mitigation Measure BIO DF-4: Before beginning activities that would cause ground disturbing impacts, the contractor shall, in consultation with a qualified biologist, clearly delineate the boundaries of construction activity with fencing, stakes, or flags, consistent with the grading plan, within which the impacts would occur. All impacts outside the fenced, staked, or flagged areas shall be avoided, and all fencing, stakes, and flags shall be maintained until the completion of impacts in that area as determined by the qualified biologist. (P) 71 *EIR Mitigation Measure CUL MM-1: Prior to construction and as needed throughout the construction period involving ground-disturbing construction activities, a construction worker Cultural Resource Sensitivity Training program shall be provided to all construction workers involved in ground-disturbing activities prior to employment at the Project site. The training shall be prepared and conducted by a qualified professional that meets the Secretary of Interior’s Professional Qualification Standards in conjunction with a Tribal Historic Preservation Officer or a designated Tribal Representative from one of the consulting Native American tribes, retained by the construction contractor or by the Project Applicant. The training session shall focus on the historic, archaeological, and tribal cultural resources that may be encountered during ground-disturbing activities, as well as the procedures to be followed in such an event. Workers attending the training shall sign a form that shall be kept by the construction contractor or Project Applicant and made available to the City upon request.
72 *EIR Mitigation Measure CUL MM-2: Prior to the issuance of grading permits, the Project Applicant shall enter into a Tribal Monitoring Agreement with the consulting tribe(s) for a Tribal Monitor. The designated Tribal Monitor(s) shall be on-site during all initial ground-disturbing activities, including but not limited to, clearing, grubbing, tree and bush removal, grading, trenching, fence post replacement, construction excavation for all utility and irrigation lines, and landscaping of any kind. In conjunction with a qualified professional that meets Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
the Secretary of Interior’s Professional Qualification Standards, the designated Tribal Monitor(s) shall have the authority to temporarily divert, redirect, or halt the ground disturbing activities to allow identification, evaluation, and potential recovery of cultural resources. The Project Applicant shall submit a fully executed copy of agreement(s) to the City of Palmdale to ensure compliance with this requirement. Upon verification, the City shall clear this condition. The agreement(s) shall not modify any condition of approval or mitigation measure. (P)
73 *EIR Mitigation Measure CUL MM-3: Prior to any ground-disturbing activities the qualified professional that meets the Secretary of Interior’s Professional Qualification Standards shall develop a Cultural Resource Management Plan (CRMP) and/or Archaeological Monitoring and Treatment Plan (AMTP) to address the details, timing, and responsibilities of all archaeological and cultural resource activities that occur on the Project site. This Plan shall be written in consultation with the consulting tribe(s). (P)
74 *EIR Mitigation Measure CUL MM-4: During all ground disturbing activities, the qualified professional that meets the Secretary of Interior’s Professional Qualification Standards and the Tribal Monitor(s) shall be on-site full-time. The frequency of inspections shall depend on the rate of excavation, the materials excavated, and any discoveries of Tribal Cultural Resources (TCRs) as defined in California Public Resources Code Section 21074. Archaeological and tribal monitoring shall be discontinued when the depth of grading and the soil conditions no longer retain the potential to contain cultural deposits. The qualified professional that meets the Secretary of Interior’s Professional Qualification Standards, in consultation with the Tribal Monitor(s) shall have the authority to temporarily divert and/or temporarily halt ground disturbance operations in the area of discovery to allow for the evaluation of potentially significant cultural resources. Isolates and clearly non-significant deposits shall be minimally documented in the field and collected so that the monitored grading can proceed.
If a potentially significant cultural resource(s) is discovered, work shall stop within a 100-foot perimeter of the discovery and an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed. All work shall be diverted away from the vicinity of the find, so that the find can be evaluated by the qualified professional that meets the Secretary of Interior’s Professional Qualification Standards and Tribal Monitor(s). The archaeologist shall notify the Lead Agency (City of Palmdale) and consulting Tribe(s) of said discovery. The qualified professional that meets the Secretary of Interior’s Professional Qualification Standards, in consultation with the Lead Agency, the consulting Tribe[s], and the Tribal Monitor, shall determine the significance of the discovered resource. A recommendation for the treatment and disposition of the Tribal Cultural Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
Resource (TCR) shall be made by the qualified professional that meets the Secretary of Interior’s Professional Qualification Standards in consultation with the Tribe(s) and the Tribal Monitor(s) and be submitted to the Lead Agency for review and approval. Below are the possible treatments and dispositions of significant cultural resources in order of CEQA preference: (P)
74.1 Full avoidance.
74.2 If avoidance is not feasible, preservation in place.
74.3 If preservation is not feasible, all items shall be reburied in an area away from any future Project impacts and reside in a permanent conservation easement or Deed Restriction.
74.4 If all other options are proven infeasible, data recovery through excavation and then in a curation facility that meets Federal Curation Standards (CFR
79.1).
75 *EIR Mitigation Measure GEO MM-1: Prior to the issuance of grading permits, the Project Applicant shall retain a qualified paleontologist approved by the City to create and implement a Project-specific plan for monitoring site grading/earthmoving activities (Project paleontologist). The Project paleontologist retained shall review the approved development plan and grading plan and conduct any pre-construction work necessary to render appropriate monitoring and mitigation requirements as appropriate. These requirements shall be documented by the project paleontologist in a Paleontological Resources Mitigation and Monitoring Plan (PRMMP). The PRMMP shall describe the monitoring levels required during excavations, and the location of areas deemed to have a high paleontological resource potential. This PRMMP shall be submitted to the City for approval prior to issuance of a grading permit.
Requirements to be included in the PRMMP are as follows: (P)
75.1 Worker’s Environmental Awareness Program. Prior to the start of the proposed Project activities, the PRMMP shall require that all field personnel shall receive a worker’s environmental awareness training on paleontological resources. The training shall provide a description of the laws and ordinances protecting fossil resources, the types of fossil resources that may be encountered in the Project area, the role of the Project paleontologist, outline steps to follow in the event that a fossil discovery is made and provide contact information for the Project paleontologist. The training shall be developed by the Project paleontologist and can be delivered concurrent with other training including cultural, biological, safety, etc.
Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
75.2 Paleontological Mitigation Monitoring. The PRMMP shall describe the monitoring levels required during excavations, and the location of areas deemed to have a high paleontological resource potential. Monitoring shall entail the visual inspection of excavated or graded areas and trench sidewalls. If the Project paleontologist determines full-time monitoring is no longer warranted, based on the geologic conditions at depth, he/she/they may recommend that monitoring be reduced or cease entirely.
75.3 Fossil Discoveries. If a paleontological resource is discovered, the Project paleontologist shall have the authority to temporarily divert the construction equipment around the find until it is assessed for scientific significance and, if appropriate, collected. If the resource is determined to be of scientific significance, the Project paleontologist shall complete the following:
75.3.1 Salvage of Fossils. If fossils are discovered, all work in the immediate vicinity shall be halted to allow the Project paleontologist to evaluate the discovery and determine if the fossil may be considered significant. If the fossils are determined to be potentially significant, the Project paleontologist shall recover them following standard field procedures for collecting paleontological as outlined in the PRMMP prepared for the Project. The Project paleontologist shall have the authority to temporarily direct, divert or halt construction activity to ensure that the fossil(s) can be removed in a safe and timely manner.
75.3.2 Fossil Preparation and Curation. The PRMMP shall identify the museum that has agreed to accept fossils that may be discovered during Project-related excavations. Upon completion of fieldwork, all significant fossils collected shall be prepared in a properly equipped laboratory to a point ready for curation. Preparation may include the removal of excess matrix from fossil materials and stabilizing or repairing specimens. During preparation and inventory, the fossil specimens shall be identified to the lowest taxonomic level practical prior to curation at an accredited museum. The fossil specimens shall be delivered to the accredited museum or repository no later than 90 days after all fieldwork is completed. The cost of curation shall be assessed by the repository and shall be the responsibility of the Project Applicant.
75.4 Final Paleontological Mitigation Report. Upon completion of ground- disturbing activities (and curation of fossils if necessary), the Project paleontologist shall prepare a final mitigation and monitoring report Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
outlining the results of the mitigation and monitoring program. The report shall include discussion of the location, duration and methods of the monitoring, stratigraphic sections, any recovered fossils, and the scientific significance of those fossils, and where fossils were curated. 76 *EIR Mitigation Measure GEO RR-1: Prior to issuance of grading or building permits, the City of Palmdale Building and Safety Division shall verify that all of the recommendations provided in the Project’s Geotechnical Investigation prepared by Southern California Geotechnical and included as Technical Appendix F1 to the Project’s EIR, are incorporated into the Project’s grading and building plans and implemented by the construction contractors.
Recommendations are made for, but are not limited to: 1) Seismic Design Considerations; 2) Geotechnical Design Considerations: all grading activities shall be completed in accordance with the Grading Guide Specifications included as Appendix D of the Geotechnical Investigation; 3) Site Grading Recommendations; 4) Construction Considerations; 5) Foundation Design and Construction; 6) Floor Slab Design and Construction; 7) Retaining Wall Design and Construction; and 8) Pavement Design Parameters. (P)
THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO OR IN
CONJUNCTION WITH RECORDATION OF THE FINAL MAP OR ANY PHASE THEREOF:
77 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 completed 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)
78 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)
79 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 Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
this proposed subdivision takes place prior to 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) 80 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 by 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 Geographic Information Systems (GIS) to the City Engineer. The final map shall be projected in NAD 83 State Plane Zone (5 in feet). (E)
81 Access rights shall be granted to the City for the purpose of allowing access over private drives within the development for all City vehicles, including police, fire, and other emergency vehicles. The document(s) recording this access shall be prepared by the applicant for review and approval by the City Engineer. (E) 82 Will Serve letters shall obtained and submitted to the City before the map is submitted to City Council for approval. The following is a list of the minimum Will Serve letters required: (E)
82.1 Water District
82.2 Southern California Edison
82.3 Southern California Gas Company
82.4 Cable TV
82.5 Los Angeles County Sanitation District
82.6 School District
82.7 Telephone Company
83 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 Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
subordinated to any City easements by a certification upon the title sheet of the final map, prior to the grant. (E)
84 The applicant shall record a reciprocal access, parking, maintenance, sewer, and drainage agreement. A copy of said agreement shall be submitted to the Planning Manager, City Engineer, and City Attorney for review and approval prior to recordation. The applicant shall be responsible for all attorney costs associated with this review. (P)(E)
85 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) 86 Lot “A” shall be dedicated to the City for future detention basin purposes. (E)
THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO OR IN CONJUNCTION WITH ISSUANCE OF BUILDING PERMITS:
87 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:
Antelope Valley Air Quality Management District
Antelope Valley Union High School District
Los Angeles County Consolidated Fire District
Los Angeles County Department of Health Services
Los Angeles County Sanitation District
Los Angeles County Waterworks
Palmdale School District
Palmdale Water District
Regional Water Resources Control Board
The duty of inquiry as to such requirements shall be upon the applicant. Receipt and proof of payment shall be provided to the Building and Safety Division prior to issuance of any building permits. (P)(E)(F)(B&S)
88 The applicant shall comply with all applicable development regulations and requirements prior to the issuance of any buildings permits on the subject property. (P)(E)(B&S)
Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
89 The applicant shall comply with all requirements of the Building and Safety Division including posting of necessary securities to ensure conversion of model structures or any portion of a model structure for residential habitation prior to issuance of occupancy permits. (B&S)
90 The applicant shall submit detailed plans for all building construction and obtain plan approval from all agencies/departments as required. (B&S)(F)(P) 91 All agency approvals for permit issuance shall be on file with the Building and Safety Division. (B&S)(F)
92 The applicant shall comply with all applicable development regulations and requirements prior to the issuance of any building permits on the subject property. (P)(E)(B&S)
93 The project shall comply with all requirements of PMC Chapter 13.05 (Sewer Collection Service Charges). (E)
94 Water mains shall be designed to meet or exceed the total flow requirements determined from 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 Department. (E) 95 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)
95.1 An Agreement and Faithful Performance bond in the amount approved by the City Engineer to be sufficient to guarantee installation of the improvements; or
95.2 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.
96 Street lighting plans shall be reviewed and approved separate of the approval of the street improvement plans. Street lighting plans and electrical plans shall be submitted to the City Engineer for review and approval and to Southern Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
California Edison (SCE) for reference. Electrical plans shall be prepared by a Registered California Electrical Engineer. (E)
97 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)
98 All sanitary sewer mains to be dedicated to the City area required to submit as- built plans and have TV video inspection prior to final acceptance for maintenance. (E)
99 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 from the field or supervising grading engineer, the soils engineer, the geologist, and the grading contractor. (E)(B&S)
100 The applicant shall obtain addresses established by the City Engineer and pay applicable processing fees for all lots of residential subdivisions. Commercial subdivisions are addressed by the Building and Safety Division upon application for a building permit. (E)(B&S)
101 Appropriate right-of-way for right-turn lane(s) shall be provided at each of the project driveways on Columbia Way/East Avenue M. Design shall be subject to the approval of the City Engineer. (TE)
102 Design of Columbia Way/East Avenue M to the ultimate half width along the project frontage shall include a raised median. (TE)
103 Driveways shall have a minimum radius of 20 feet and follow the recommendations in the approved traffic study for the project. (TE) 104 A striping and signing plan shall be provided for all roadway improvements internal to the site and along the project frontage on Columbia Way and Sierra Highway. These plans shall be subject to the approval of the City Engineer as part of the approval of the street improvement plans. (TE) Impact Fees
105 In accordance with the PMC Section 15.01.020 (Public Art in Private and Municipal Development Project Contribution Requirements) for projects with a Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
building permit valuation of $500,000 or more, the applicant shall devote an amount not less than one-half percent for the acquisition and installation of public art on the development site. This amount shall be the program allocation with a cap of $250,000 allocated for single construction projects. This contribution requirement shall apply to mixed-use and residential projects that create five or more units. All nonprofit and affordable housing developments and structures shall be exempt from this requirement. In lieu of public art on the development site, the applicant may place a public art in-lieu contribution in an amount equal to the program allocation prior to the issuance of a building permit for the project on the development site. (PA)
106 The public art that may be used to satisfy the requirements shall comply with applicable standards contained in PMC Section 15.01.040 (Public Art in Private and Municipal Development Project Compliance Standards). (PA) 107 The applicant has the option of proposing public art incorporating on-site artwork into the development or may elect to deposit the full amount in the public art fund as required under PMC Section 15.01.020 (Public Art in Private and Municipal Development Project Contribution Requirements). In any event, ten percent of the amount required under PMC Section 15.01.20 (Public Art in Private and Municipal Development Project Contribution Requirements) shall be deposited into the public art fund. (PA)
108 In conjunction with an application for a building permit, the applicant shall submit to the City a concept public art project plan for on-site artwork and follow the specifications of PMC Section 15.01.080 (Application and Approval Procedures for Public Art). The City’s Public Art Guidelines for Developers will be furnished upon request. (PA)
109 The applicant shall comply with the provisions of PMC Chapter 3.34 (Parkland Dedication). The applicant shall pay to the Building and Safety Division the applicable Parkland development fees in the amount that is in effect at the time such fees are to be collected pursuant to PMC Chapter 3.34 (Parkland Dedication). (Pk)(B&S)
110 This subdivision/development is located within the Amargosa 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 PMC Chapter
3.38 (Drainage Fee Requirements). 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 rough grade certification, prior to building permit issuance. (E) Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
111 The applicant shall comply with the provisions of PMC Chapter 3.42 (Fire Facility Impact Fee Requirements). 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. (B&S)
112 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) 113 *EIR Mitigation Measure AIR MM-3: The Project shall implement the following measure in order to reduce operational energy source air pollutant emissions to the extent feasible: (B&S)
113.1 The Project shall include rooftop solar panels to the extent feasible, with a capacity that matches the maximum allowed for distributed solar connections to the grid. Install Energy Star-rated heating, cooling, lighting, and appliances.
113.2 Provide information on energy efficiency, energy-efficient lighting and lighting control systems, energy management, and existing energy incentive programs to future tenants of the Project.
113.3 Structures shall be equipped with outdoor electric outlets in the front and rear of the structures to facilitate use of electrical lawn and garden equipment.
114 *EIR Mitigation Measure AIR MM-5: Prior to the issuance of a building permit, Developer shall provide documentation to the City of Palmdale demonstrating that the Project will achieve Leadership in Energy and Environmental Design (LEED) certification to meet or exceed CalGreen Tier 2 standards in effect at the time of building permit application. (B&S)
115 *EIR Mitigation Measure AIR DF-1: To reduce water demands and associated energy use, the Project would implement a Water Conservation Strategy and demonstrate a minimum 20 percent (%) reduction in indoor and outdoor water usage when compared to baseline water demand (total expected water demand without implementation of the Water Conservation Strategy). Prior to the issuance of building permits for the Project, the Project applicant shall provide building plans that include the following water conservation measures: (B&S) 115.1 Install low-water use appliances and fixtures
Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
115.2 Restrict the use of water for cleaning outdoor surfaces and prohibit systems that apply water to non-vegetated surfaces
115.3 Implement water-sensitive urban design practices in new construction. 115.4 Install rainwater collection systems where feasible. 116 *EIR Mitigation Measure AIR DF-2: In order to reduce the amount of waste disposed at landfills, the Project would implement a 75 percent waste diversion program. Prior to the issuance of building permits for the Project, the Project applicant shall provide building plans that include the following solid waste reduction measures: (B&S)
116.1 As dark or darker in shade as that designated No. 1 on the Ringelmann Chart, as published by the United States Bureau of Mines; or 116.2 Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in subparagraph (b)(1)(A) of Rule 401.
117 *EIR Mitigation Measure BIO MM-11 & BIO DF-1: The Project Applicant or its designee shall retain a qualified Biologist to review the landscaping plan to ensure that any landscaping component of the Project does not include the planting of exotic, invasive species that would potentially degrade the quality of the surrounding natural open space. A list of potential landscaping plant species shall be submitted to the Biologist for review; the Biologist shall ensure that exotic plant species known to be invasive (e.g., those on the California Invasive Plant Council’s [Cal-IPC’s] invasive plant inventory) are not included on the list.
The Biologist shall make recommendations for more suitable plant species if necessary. Once a final plant palette is prepared, landscaping installed in the development area shall include only species on the approved palette. (P)(E) 118 *EIR Mitigation Measure PS RR-2: The Project shall adhere to PMC Chapter
3.45, Public Facility Development Impact Fee Requirements, which requires payment of a Development Impact Fee to assist the City in providing for fire protection facilities, including fire stations; providing for police protection facilities; and providing for other public services and facilities. Payment of the Development Impact Fees would ensure that funds are available for capital improvements, such as land/equipment purchases and fire station construction. (B&S)
119 *EIR Mitigation Measure UTIL RR-2: The Project design is required to comply with the provisions of the California Solid Waste Reuse and Recycling Act (AB 1327), which requires that an adequate area for collecting and loading recyclable Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
materials over the lifetime of the Project must be provided. The City of Palmdale shall ensure the Project applicant has met this requirement prior to the issuance of building permits. (PW)
120 *EIR Mitigation Measure WF DF-1: The proposed structures shall be equipped with an early suppression fast response (ESFR) fire sprinkler system. Installation of the ESFR system shall be assured through City review and approval of building permits. (B&S)
121 *EIR Mitigation Measure WF RR-1: Prior to issuance of building permits, the City shall assure that the Project’s building plans comply with required fire protection ratings specified in the applicable California Code of Regulations Title 24 requirements. (B&S)
THE FOLLOWING CONDITIONS SHALL BE MET WHILE CONSTRUCTION ACTIVITIES ARE ON-GOING:
122 Adequate sanitary disposal facilities shall be required on-site during all phases of construction. (E)(B&S)
123 From the beginning of the first ground disturbing activity until on 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 1 - April 15); 2) provide appropriate dust control measures, per City Standards, to minimize nuisance from dust at all times. (E)(B&S) 124 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 shall be prohibited. (P)
125 Grading shall be done in accordance with a grading plan prepared by the applicant’s Registered Civil Engineer. All grading work shall be performed in one continuous operation or in phases as approved by the Planning Manager and the City Engineer. (P)(E)
126 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)
Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
127 The City Engineer shall be notified a minimum of 60 days prior to anticipated opening of any street to public travel. (TE)(E)
128 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)
129 All existing utilities interfering with the new construction shall be relocated at the developer’s expense. (E)
130 A signing and striping plan shall be provided for all roadway improvements. (TE) 131 The applicant shall comply with all City and State guidelines and requirements for traffic control during construction and prior to final project acceptance. (TE) 132 Additional pavement shall be constructed in order to provide for striped right turn lanes at each project driveway as directed by the City Engineer. (TE) 133 Traffic signals shall be designed and approved by the City Engineer on Columbia Way/East Avenue M at both 4th Street East and Challenger Way. (TE)(E) 134 *EIR Mitigation Measure AIR MM-1: “Super-Compliant” low volatile organic compounds (VOC) paints shall be used during architectural coatings, which have been reformulated to exceed the regulatory VOC limits put forth by AVAQMD’s Rule 1113. Super-Compliant low VOC paints shall be no more than 10 grams per liter (g/L) of VOC. Alternatively, the applicant may utilize precoated tilt-up concrete buildings that do not require the use of architectural coatings (painting). (B&S)(AVAQMD)
135 *EIR Mitigation Measure AIR MM-6: During Project construction, Developer shall comply with the following: (B&S)(AVAQMD)
135.1 Require all generators, and all diesel fueled off-road construction equipment greater than 75 horsepower, to be zero emissions or equipped with CARB Tier IV-compliant engines (as set forth in Section 2423 of Title 13 of the California Code or Regulations, and Part 89 of Title 40 of the Code of Federal Regulations) or better by including this requirement in applicable bid documents, purchase orders, and contracts with successful contractors. After either (1) the completion of grading or, (2) the completion of an electrical hookup at the site, whichever is first, require all generators and all diesel-fueled off-road construction equipment, to be zero emissions or equipped with CARB Tier IV-compliant engines (as set forth in Section 2423 of Title 13 of the California Code of Regulations, and Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
Part 89 of Title 40 of the Code of Federal Regulations) or better by including this requirement in applicable bid documents, purchase orders, and contracts with successful contractors. An exemption from these requirements may be granted by the City in the event that the Project Applicant documents that equipment with the required tier is not reasonably available and corresponding reductions in criteria air pollutant emissions are achieved from other construction equipment (for example, if a Tier IV Final piece of equipment is not necessarily available at the time of construction and a lower tier equipment is used instead (e.g., Tier IV interim), and another piece of equipment could be upgraded from a Tier IV Final to a higher tier (i.e., Tier V) or replaced with an alternative-fueled (not diesel-fueled) equipment to offset emissions associated with using a piece of equipment that does not Meet Tier IV Final standards). Before an exemption may be considered by the City, the Project Applicant shall be required to demonstrate that at least two construction fleet owners/operators in the Region were contacted and that those owners/operators are confirmed Tier IV Final or better equipment could not be located in the Region. To ensure that Tier IV Final construction equipment or better would be used during the proposed Project’s construction, the Project Applicant shall include this requirement in applicable bid documents, purchase orders, and contracts. Successful contractors must demonstrate the ability to supply the compliant construction equipment for use prior to any ground-disturbing and construction activities.
135.2 Provide infrastructure for zero-emission off-road construction equipment if the contractors selected to construct the Project plan to use zero-emission off-road construction equipment.
135.3 Provide electrical hook-ups to the power grid, rather than diesel-fueled generators, for contractors’ electric construction tools, such as saws, drills, and compressors. In applicable bid documents and contracts with contractors selected to construct the Project, include language requiring all offroad equipment with a power rating below 19 kilowatts (e.g., plate compactors, pressure washers, etc. (used during Project construction to be electric.
135.4 Require construction equipment to be turned off when not in use. 135.5 Recycle and/or salvage to reuse a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance with Section 5.408.1 of the California Green Building Standards Code Part 11.
Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
135.6 On days when the hourly average wind speed for the City of Palmdale exceeds 20 miles per hour, additional dust control measures shall be implemented, such as increased surface watering. Grading and excavation shall be prohibited when sustained wind speeds exceed 30 miles per hour.
135.7 Apply and maintain surface treatments (such as PURETi Coat or PlusTi) on impervious ground surfaces that lessen impervious surface-related radiative forcing.
135.8 Use paints, architectural coatings, and industrial maintenance coatings for all interior painting that have volatile organize compound levels of less than 10 g/L.
135.9 All self-propelled off-road diesel-powered vehicles with engines greater than or equal to 25 horsepower and all two-engine vehicles (except on- road two-engine sweepers) shall comply with applicable provisions of the California Air Resources Board (CARB) In-Use Off-Road Diesel Fueled Fleets Regulation (Sections 2449, 2449.1, and 2449.2 of Title 13, Division 3, Chapter 9, Article 4.8, California Code of Regulations). 136 *EIR Mitigation Measure AIR RR-1: The Project shall comply with the provisions of AVAQMD Rule 401, Visible Emissions, which requires that a person shall not discharge into the atmosphere from any single source of emission whatsoever, any air contaminant for a period or periods aggregating more than three minutes in any one hour which is: (AVAQMD)
136.1 As dark or darker in shade as that designated No. 1 on the Ringelmann Chart, as published by the United States Bureau of Mines; or 136.2 Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in subparagraph (b)(1)(A) of Rule 401.
137 *EIR Mitigation Measure AIR RR-2: The Project shall comply with the provisions of AVAQMD Rule 402, Nuisance, which requires that a person shall not discharge air contaminants or other materials that would cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. (AVAQMD)
138 *EIR Mitigation Measure AIR RR-4: The Project shall comply with AVAQMD rules related to sulfur content in fuels, including Rule 431.1, Sulfur Content of Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
Gaseous Fuels; Rule 431.2, Sulfur Content of Liquid Fuels; and Rule 431.3, Sulfur Content of Fossil Fuels. (AVAQMD)
139 *EIR Mitigation Measure AIR RR-5: The Project shall comply with the provisions of AVAQMD Rule 1113, Architectural Coatings, by requiring that all architectural coatings must comply with the VOC limits established in Table 1 of Rule 1113. (AVAQMD)
140 *EIR Mitigation Measure BIO MM-2: To avoid impacts on active nests for common and special status birds and raptors, the Project Applicant shall schedule vegetation clearing during the non-breeding season. If Project timing requires that vegetation clearing occur between February 1 (as early as January 1 for some raptors) and September 15, the Project Applicant or its designee shall retain a qualified Biologist to conduct a pre-construction survey for nesting birds and raptors. The pre-construction survey shall be conducted by a qualified Biologist within three days prior to vegetation clearing. The pre-construction nesting bird survey area shall include the Project impact area (i.e., disturbance footprint) plus a 500-foot buffer to search for nesting birds and raptors. If no active nests are found, no further mitigation would be required.
If an active nest is located in the pre-construction nesting bird survey area, the Biologist shall delineate an appropriate buffer to protect the nest based on the sensitivity of the species. A protective buffer of 500 feet shall be used to protect nesting raptors and a protective buffer of 300 feet shall be used to protect nesting birds. If appropriate, a smaller buffer may be considered (as determined by the Biologist) based on site topography, existing disturbance, sensitivity of the individuals (established by observing the individuals at the nest), and the type of construction activity. No construction activities shall be allowed in the designated buffer until the Biologist determines that nesting activity has ended. Construction may proceed within the buffer area once the Biologist determines that nesting activity has ceased (i.e., fledglings have left the nest or the nest has failed). The designated buffer shall be clearly marked in the field and shall be mapped as Environmentally Sensitive Areas (ESAs) on construction plans.
Prior to the initiation of construction activities, an email summary of the results shall be submitted to the City by the Project Applicant with a map of any active nests found and their designated buffers. Construction shall be allowed to proceed if standard buffer distances are employed for any active nests. The Biologist shall then prepare a formal Letter Report describing methods used, results of the survey, recommended buffers, and/or justification for buffer reductions. The Letter Report shall be submitted to the City within one week of completion of the survey. If an active nest is observed during the survey, the Letter Report shall include a map showing the designated protective buffer. (P) Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
141 *EIR Mitigation Measure BIO MM-5: Per the City of Palmdale Emergency Ordinance No. 1556, a City approved Biologist shall prepare a Desert Vegetation Preservation Plan and the City shall issue a permit for Joshua tree removal prior to Project impacts. The City may defer to a CDFW ITP (See BIO MM-3), with no additional requirements, if one is issued for the project. (P)(E) 142 *EIR Mitigation Measure BIO MM-6: Prior to the initiation of construction, the Project Applicant shall obtain the necessary permits, tags, and/or seals, and shall pay the appropriate fees for removal of any individuals of a species protected by the California Desert Native Plant Protection Act. This includes nine silver cholla. (P)
143 *EIR Mitigation Measure BIO MM-9: The Project Applicant shall incorporate Best Management Practices (BMPs), including applicable measures required through the National Pollutant Discharge Elimination System (NPDES) requirements, to ensure that the quantity and quality of runoff discharged by Project activities does not adversely affect the Project area. In particular, BMPs shall be designed to prevent (to the extent feasible) the runoff of toxins, chemicals, petroleum products, or other elements that might degrade water quality. Additionally, BMPs shall be used to minimize erosion.
The areas where stockpiling can occur shall be selected in consultation with the monitoring Biologist. Spoils shall be stockpiled in disturbed areas lacking native vegetation. The Construction Contractor shall clearly mark stockpile areas to define the limits where stockpiling can occur.
The Construction Contractor shall designate an area for vehicle maintenance that is not within or adjacent to drainages or native vegetation. Fueling and maintenance of equipment shall take place within the vehicle maintenance area.
Impervious ground surfaces or plastic covering shall be used to prevent spillage or leakage onto the ground surface. Any spilled hazardous materials shall be immediately cleaned and hazardous materials properly disposed of. Construction Contractor equipment shall be checked for leaks prior to operation and repaired as necessary. (E)
144 *EIR Mitigation Measure BIO MM-10: The Project Applicant or its designee shall ensure that night lighting shall be directed away from open space areas and shielding shall be incorporated in the final Project design to minimize spillover of night lighting into adjacent open space to the greatest extent practicable. Any such light fixtures installed adjacent to open space areas shall direct/reflect light downward and away from adjacent habitat areas. (P)
145 *EIR Mitigation Measure BIO RR-1: The Project Applicant or its designee shall incorporate Best Management Practices (BMPs) during Project construction, Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
including applicable measures required through the National Pollutant Discharge Elimination System (NPDES) requirements, to ensure that the quantity and quality of water runoff discharged by Project activities does not adversely affect biological resources. BMPs shall be designed to prevent, to the extent feasible, the runoff of toxins, chemicals, petroleum products, or other elements that might degrade water quality. Additionally, BMPs shall be used to minimize erosion. (E) 146 *EIR Mitigation Measure BIO RR-2: Construction contractors shall immediately stop work and, pursuant to pertinent State and federal statutes and regulations, arrange for repair and clean up by qualified individuals of any fuel or hazardous waste leaks or spills at the time of occurrence, or as soon as it is safe to do so, to minimize impacts to biological resources. (P)(E)(B&S) 147 *EIR Mitigation Measure BIO DF-3: The qualified biologist shall maintain a construction monitoring notebook on the site throughout the construction period, which shall include a copy of the biological resources mitigation measures with attachments and a list of signatures of all construction supervisory personnel who have successfully completed the education program. The Project Applicant or successor in interest shall ensure that a copy of the construction monitoring notebook is available for review at the Project site upon request by the CDFW. (P)
148 *EIR Mitigation Measure BIO DF-5: During Project construction, areas where stockpiling can occur shall be selected in consultation with a qualified biologist.
Spoils shall be stockpiled in disturbed areas lacking native vegetation. The construction contractor in coordination with a qualified biologist shall clearly mark stockpile areas in the field to define the limits where stockpiling can occur. (P)(E) 149 *EIR Mitigation Measure BIO DF-6: The construction contractor shall designate an area for vehicle maintenance that is not within or adjacent to any drainage area or native vegetation. Fueling and maintenance of equipment shall take place within the vehicle maintenance area. Impervious ground surfaces or plastic covering shall be used to prevent spillage or leakage onto the ground surface.
Any spilled hazardous materials shall be immediately cleaned and hazardous materials properly disposed of. Contractor equipment shall be checked for leaks prior to operation and repaired as necessary. (E)(B&S)
150 *EIR Mitigation Measure BIO MM-12 and DF-7: The introduction of exotic plant species shall be avoided and minimized to the extent practicable. Weed seeds entering the construction area via vehicles shall be minimized by requiring construction vehicles to be washed prior to delivery to the Project site.
Trackclean or other methods of vehicle cleaning shall be used by the construction contractor to prevent weed seeds from entering/exiting the Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
construction areas on vehicles. Additionally, wattles used for erosion control shall be certified as weed-free. (P)(E)(B&S)
151 *EIR Mitigation Measure BIO DF-8: Lighting for construction activities and operations shall be directed inward toward the Project site and lighting shall not be directed toward adjacent undeveloped areas. (P)
152 *EIR Mitigation Measure BIO DF-9: The following avoidance and minimization measures shall be implemented during project construction: (P)(B&S) 152.1 Fully covered trash receptacles that are animal-proof shall be installed and used by the operator to contain all food, food scraps, food wrappers, beverage containers, and other miscellaneous trash. Trash contained within the receptacles shall be removed at least once a week from the Project site.
152.2 Construction work areas shall be kept clean of debris, such as cable, trash, and construction materials. All construction/contractor personnel shall collect all litter, vehicle fluids, and food waste from the Project site on a daily basis.
153 *EIR Mitigation Measure BIO DF-10: The Project Applicant or successor in interest shall limit herbicide use for invasive plant species and shall use herbicides only if it has been determined by a qualified biologist that hand or mechanical efforts are infeasible. To prevent drift, the Project Applicant or successor in interest shall apply herbicides only when wind speeds are less than seven miles per hour. All herbicide application shall be performed by a licensed applicator and in accordance with all applicable federal, State, and local laws and regulations. In addition, no rodenticides and second-generation anticoagulant rodenticides shall be used during Project construction and operational activities. (P)(E)
154 *EIR Mitigation Measure CUL RR-1: If human remains are encountered during ground-disturbing construction activities, compliance with California Health and Safety Code § 7050.5 and Public Resources Code § 5097 et. seq. shall be required. State Health and Safety Code § 7050.5 states that no further disturbance shall occur until the Los Angeles County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code § 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Los Angeles County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code §5097.98. Evidence of compliance with this mitigation measure, if human remains are found, shall be provided to the City Planning Department upon the completion of a treatment plan and final report detailing the significance and treatment finding. (P)(E) 155 *EIR Mitigation Measure GEO RR-2: The Project is required to comply with the provisions of PMC Chapter 8.04, Adoption of Health, Safety and Technical Construction Codes which generally require that all projects comply with California Building Codes and the International Building Codes. These codes establish site-specific investigation requirements, construction standards, and inspection procedures to ensure that development does not pose a threat to the health, safety, and welfare of the public, and include requirements related to erosion. (B&S)
156 *EIR Mitigation Measure GEO RR-3: The Project is required to comply with the provisions of AVAQMD Rule 403 by addressing blowing dust from the Project’s construction activities. (AVAQMD)
157 *EIR Mitigation Measure GEO RR-4: The Project is required to comply with the provisions of the Project’s NPDES permit, the Project’s SWPPP as well as the City’s SWMP. Compliance would identify and implement an effective combination of erosion control and sediment control measures (i.e., Best Management Practices) to reduce or eliminate discharge to surface water from stormwater and non-stormwater discharges. (E)
158 *EIR Mitigation Measure GHG DF-1: To reduce water demands and associated energy use, the Project is required to implement a Water Conservation Strategy and demonstrate a minimum 20 percent reduction in indoor and outdoor water usage when compared to baseline water demand (total expected water demand without implementation of the Water Conservation Strategy). Prior to the issuance of building permits for the Project, the Project applicant shall provide building plans that include the following water conservation measures: (E)(B&S) 158.1 Install low-water use appliances and fixtures.
158.2 Restrict the use of water for cleaning outdoor surfaces and prohibit systems that apply water to non-vegetated surfaces.
158.3 Implement water-sensitive urban design practices in new construction. 158.4 Install rainwater collection systems where feasible.
Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
159 *EIR Mitigation Measure GHG DF-2: To reduce the amount of waste disposed at landfills, a 75 percent waste diversion program shall be implemented during Project construction. Prior to the issuance of building permits, the City shall verify that building plans contain the following solid waste reduction measure requirements: (B&S)(PW)
159.1 Provide storage areas for recyclables, as well as for green waste and food waste storage, if a pick-up service is available.
159.2 Compost on site if feasible.
160 *EIR Mitigation Measure GHG RR-1: The Project is required to comply with the PMC Chapter 14.05, Water Efficient Landscape. Efficient water use lowers GHG emissions by reducing the consumption of energy resource required to treat and deliver water.
161 *EIR Mitigation Measure GHG RR-2: The Project is required to directly or indirectly comply with all applicable GHG reduction mandates imposed by the State of California and the AVAQMD. Those that are applicable to the Project either directly or indirectly and that would reduce GHG emissions are:
(AVAQMD)(B&S)
161.1 Pavley Fuel Efficiency Standards (AB 1493). Establishes fuel efficiency ratings for new vehicles.
161.2 Title 24 California Code of Regulations (California Building Code).
Establishes energy efficiency requirements for new construction. 161.3 Title 20 California Code of Regulations (Appliance Energy Efficiency Standards). Establishes energy efficiency requirements for appliances. 161.4 Title 17 California Code of Regulations (Low Carbon Fuel Standard).
Regulates the carbon content of fuel sold in California. 161.5 Statewide Retail Provider Emissions Performance Standards (SB 1368).
Requires energy generators to achieve performance standards for GHG emissions.
161.6 Renewable Portfolio Standards (SB 1078). Requires electric corporations to increase the amount of energy obtained from eligible renewable energy resources.
162 *EIR Mitigation Measure HAZ RR 4-1: All construction contractors are required to comply with all applicable regulations and requirements promulgated by the federal Occupational Safety and Health Administration (OSHA). (B&S) Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
163 *EIR Mitigation Measure HAZ RR 4-2: The Project is required to comply with Title 22, Division 4.5 of the California Code of Regulations, which requires residents and employees to dispose of household hazardous waste, including pesticides, batteries, old paint, solvents, used oil, antifreeze, and other chemicals, at a Household Hazardous Waste Collection Facility. (B&S)(PW) 164 *EIR Mitigation Measure HAZ RR 4-3: The Project is required to comply with Title 22, Division 4.5, Chapter 11 of the California Code of Regulations which requires fluorescent lamps, batteries, and mercury thermostats be recycled or taken to a Household Hazardous Waste Collection Facility. (B&S)(PW) 165 *EIR Mitigation Measure HYDRO RR-1: As required by the provisions of the NPDES permit, the Project Applicant would be required to obtain an NPDES permit for construction activities, which includes the preparation and implementation of a Stormwater Pollution Prevention Plan. The Project’s construction contractors will be required to follow the requirements outlined in the SWPPP. Compliance with the NPDES permit and the SWPPP would identify and implement an effective combination of erosion control and sediment control measures (i.e., Best Management Practices) to reduce or eliminate discharge to surface water from storm water and non-stormwater discharges during construction activities. (E)
166 *EIR Mitigation Measure NOI RR-1: All construction activities shall adhere to PMC Section 8.28.030, limiting construction activities to the hours of 6:00 AM and 6:00 PM, prohibiting earth excavating and similar activities between 8:00 PM and 6:30 AM and on Sundays in any residential zone or within 500 feet of any residence, hotel, motel, or recreational vehicle park. This requirement shall be noted on all grading and building plans and in bid documents issued to construction contractors. (E)(B&S)
167 *EIR Mitigation Measure PS RR-1: As a condition of Project approval, the proposed Project shall conform to all mandatory local, State, and federal laws, ordinances, and standards relating to fire safety. Among other items, these requirements include conformance with the Uniform Building Code Section 1503, which requires that all buildings be constructed with fire retardant roofing material. Access routes in the Project area would be required to be maintained throughout construction and buildout of the proposed Project. (B&S) 168 *EIR Mitigation Measure TRN MM-2: Prior to each phase of construction, the Project Applicant shall provide a Construction Management Plan to the City to further ensure that a) adequate emergency access is required to be maintained during construction of the Project in accordance with City and Fire Department requirements, and b) all proposed improvements within the public right-of-way shall be installed in conformance with City design standards and project Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
construction activities that would occur in the public right-of-way shall adhere to the applicable construction control practices that are specified in the State of California Department of Transportation Construction Manual and the California Manual on Uniform Traffic Control Devices, to minimize potential safety hazards. (P)(E)(B&S)(PW)(TE)
169 *EIR Mitigation Measure UTIL RR-1: Project construction contractors are required to comply with the requirements of the California Green Building Standards Code (CalGreen, Part 11 of Title 24, California Code of Regulations), which requires among other items the installation of low water-use appliances and the diversion of a certain amount of construction waste from landfills. (B&S)(PW)
170 *EIR Mitigation Measure UTIL RR-3: The Project applicant, construction contractors, and operators, shall comply with all applicable provisions of PMC Chapter 5.52, Solid Waste Handling and Recycling Services. (B&S)(PW) 171 *EIR Mitigation Measure UTIL RR-4: The Project applicant, construction contractors, and operators, shall comply with all applicable provisions of PMC Title 13, Sanitary Sewers and Industrial Waste. (E)(PW) 172 *EIR Mitigation Measure UTIL RR-5: The Project applicant, construction contractors, and operators, shall comply with all applicable provisions of PMC Chapter 14.05, Water Efficient Landscape. (E)
THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO OCCUPANCY OF THIS PROJECT:
173 The applicant shall contact the Planning Division a minimum of two weeks prior to final inspection by the Building and Safety Division to make arrangements for a final walk-through inspection by the Planning Division. (P) 174 All public improvements shall be completed and accepted by the City. (E) 175 At completion of final grading, the applicant shall submit appropriate statements (Certifications) to the City Engineer prior to release of final grading. The City requires that these be submitted by the field or supervising grading engineer, and/or the landscape architect. (E)
176 Any broken, damaged or non-compliance curb, gutter, sidewalk, and pavement on streets within or along the frontage of the development shall be repaired. Any existing driveways that are not to be used shall be replaced with standard curb, gutter, and sidewalk. (E)
Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
177 The applicant shall improve any private street(s) or access drives for this project according to the plans approved by the City Engineer. (E) 178 The project shall be constructed in accordance with all the approved plans, including but not limited to site plans, grading plans, wall plans, landscape/irrigation plans, lighting plans, and elevations. (P)(E) 179 An industrial waste permit from the City Public Works Department shall be required for any industrial sewer discharge. (E)
180 Roadway improvements shall be completed on the streets within the project based on the intersection improvements and traffic control recommendations in the approved traffic study completed for the project. (TE) 181 All on- and off-site street improvements required with Phase 1 development and as specified within the approved traffic study for the project shall be completed. (TE)
182 A raised median shall be constructed on Columbia Way/East Avenue M along the project frontage in the Phasing sequencing described herein to restrict left turn movements into and out of each project access except at the two signalized intersections along Columbia Way/East Avenue M at both 4 th Street East and Challenger Way. Plans shall be subject to the approval of the City Engineer. (TE) 183 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)
184 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)(E)
185 At each project access that is limited to right-turn in and right-turn out movements: the right-turn only sign for driveway exiting vehicles shall be installed and maintained by the property owner and comply with State standards. (TE)
186 Payment of the public art in-lieu contribution or installation of the public art in accordance with the final public art project plan submitted shall be demonstrated by the applicant in compliance with the PMC Section 15.01.090 (Public Art in Private Development). (PA)
Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
187 *EIR Mitigation Measure AIR MM-2: The Project shall implement the following measures in order to reduce operational mobile source air pollutant emissions to the extent feasible: (AVAQMD)(B&S)(E)
187.1 Only haul trucks meeting model year 2010 engine emission standards shall be used for the on-road transport of materials to and from the Project site.
187.2 Legible, durable, weather-proof signs shall be placed at truck access gates, loading docks, and truck parking areas that identify applicable California Air Resources Board (CARB) anti-idling regulations. At a minimum, each sign shall include: (1) instructions for truck drivers to shut off engines when not in use; (2) instructions for drivers of diesel trucks to restrict idling to no more than 5 minutes once the vehicle is stopped, the transmission is set to “neutral” or “park,” and the parking brake is engaged; and (3) telephone numbers of the building facilities manager and CARB to report violations. Prior to the issuance of each occupancy permit, the City of Palmdale shall conduct a site inspection to ensure that the signs are in place.
187.3 Prior to tenant occupancy, the Project Applicant or successor in interest shall provide documentation to the City demonstrating that occupants/tenants of the Project site have been provided documentation on funding opportunities, such as the Carl Moyer Program, that provide incentives for using cleaner-than required engines and equipment. 187.4 The minimum number of automobile electric vehicle (EV) charging stations required by the California Code of Regulations Title 24 shall be provided. In addition, the buildings shall include electrical infrastructure sufficiently sized to accommodate the potential installation of additional auto and truck EV charging stations in the future.
187.5 Conduit shall be installed to tractor trailer parking areas in logical locations determined by the Project Applicant during construction document plan check, for the purpose of accommodating the future installation of EV truck charging stations at such time this technology becomes commercially available.
188 *EIR Mitigation Measure AIR MM-4: The Project shall include the following language within tenant lease agreements in order to reduce operational air pollutant emissions to the extent feasible: (P)
Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
188.1 Require tenants to use the cleanest technologies available and to provide the necessary infrastructure to support zero emission vehicles, equipment, and appliances that would be operating on site. This requirement shall apply to equipment such as forklifts, handheld landscaping equipment, yard trucks, office appliances, etc. 188.2 Require future tenants to exclusively use zero-emission light and medium- duty delivery trucks and vans, when economically feasible. 188.3 Tenants shall be in, and monitor compliance with, all current air quality regulations for on-road trucks including the CARB’s Heavy-Duty (Tractor- Trailer) Greenhouse Gas Regulation, Periodic Smoke Inspection Program, and the Statewide Truck and Bus Regulation.
189 *EIR Mitigation Measure PS RR-3: Prior to issuance of occupancy permits, the Project Applicant shall contribute appropriate school impact fees to the Palmdale School District (PSD), the Lancaster School District (LSD), and the Antelope Valley Unified School District (AVUHSD) at the rates established by the PSD, the LSD, and the AVUHSD, as required by Public Education Code § 17072.10-18. (B&S)
190 *EIR Mitigation Measure TRN MM-1: The Project Applicant shall submit a Transportation Demand Management (TDM) plan prepared by a qualified transportation consultant acceptable by the City to reduce the Project’s vehicle miles traveled. The TDM plan shall be approved by the City prior to the issuance of the first industrial building occupancy permit. The TDM plan shall apply to industrial building Project tenant(s) through tenant leases. The TDM plan shall discourage single-occupancy vehicle trips and encourage alternative modes of transportation such as carpooling, taking transit, walking, and biking. Examples of trip reduction measures may include, but are not limited to: (TE) 190.1 Transit passes
190.2 Car-sharing programs
190.3 Telecommuting and alternative work schedules
190.4 Ride sharing programs
Although not required to reduce transportation impacts, the following mitigation would further ensure that the Project’s traffic construction-related activities occur in compliance with the applicable standards and requirements as disclosed in this Section and in the Project’s Traffic Impact Analysis (Technical Appendix L1).
Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
THE FOLLOWING CONDITIONS SHALL BE MET AS AN ON-GOING ELEMENT OF THE PROJECT:
191 A valid business license obtained from HdL Business Support Center shall be maintained while any of the uses are in operation. (P) 192 The operation of the business shall comply fully with all the rules and regulations of the PMC. Failure to comply with the PMC shall be subject to PMC Section
1.12.010 (Misdemeanors – Infractions – Administrative Citations), which specifies the violation is a misdemeanor, and subject to penalties specified in PMC Section 1.12.020 (Punishment). (P)
193 All parking facilities shall be maintained in good condition in accordance with the provisions of PMC Chapter 17.87 (Off-Street Parking and Loading). The maintenance thereof may include, but shall not be limited to, the repaving, oiling, and striping of a parking area and the repair, restoration and/or replacement of any parking area design features when deemed necessary by the Planning Manager to insure the health, safety, and welfare of the general public. (P)(E) 194 The applicant shall be responsible for establishment, maintenance, and upkeep of the landscape area and all landscape vegetation. All landscape vegetation shall be maintained in a manner to ensure proper growth. Trees and other landscape vegetation shall be pruned as needed to ensure proper growth and give a maintained appearance. Trees shall not be “topped” or pruned excessively. (P)
195 All owners, future owners, heirs, or assigns of the property shall be required to maintain all private drainage facilities in good working condition, as determined by the City Engineer, and shall be responsible for any damages associated with the private drainage facilities and for any costs incurred by the City for emergency maintenance, repairs, and any other efforts to keep the private drainage facilities in good working condition and/or to insure the health, safety, and welfare of the general public. The developer shall record a covenant upon the property regarding said maintenance. (E)
196 The applicant shall fully cooperate with any adjacent property development to provide improved site access in the future including, but not limited to, the closure, removal, sharing, or relocation of project parking, landscaping, driveways, and drive-aisles. (TE)
197 The installation of speed bumps or humps as a means to control speed on the site shall be prohibited as required by PMC Section 10.04.100 (Regulation of Speed Bumps on Private Streets, Easements and Fire Lanes). If any of these Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
devices are installed while this ordinance is in effect, the owner shall be required to remove these devices at their own expense. (TE)
198 The premises, while open or closed for business after dark, shall be sufficiently lighted by use of interior night-lights. (PS)
199 The business shall place alarm buttons or other activation devices at the check stand, in the administration office, and in any other locations deemed appropriate by the City. (PS)
200 Establishments shall be required to register in the City of Palmdale Business Watch Program and receive training through the Public Safety Office. To schedule enrollment and training, contact Public Safety at (661) 267-5170 or [email protected]. (PS)
201 Window signage shall be limited to no more than 25 percent coverage of window area provided visibility into the building is maintained as stated in PMC Section
17.88.070 (Exemptions to Sign Permit Requirements). (PS) 202 Signage shall be posted on the property, including the parking areas, to discourage loitering and alcohol consumption in the parking lot. Letters shall be a minimum of two inches high and shall include the following wording: (PS) NO LOITERING – P.M.C. 9.44.050 and P.C 602.1
NO DRINKING IN PUBLIC – P.M.C. 9.12.020
203 The premises shall always be properly maintained and kept in a neat and orderly condition. This includes, but is not limited to, building and parking lot lighting and trash and debris removal. (PS)
204 Graffiti shall be removed by the owner within 72 hours of discovery as specified within PMC Section 9.30.080 (Graffiti Removal from Private Property by Owner).
Consider graffiti mitigation measures such as vining/climbing and barrier plants along block walls. (PS)
205 Trash enclosures shall be kept locked when not in use to discourage illegal dumping and other improper uses. (PS)
206 Outside electrical outlets and water spigots/hose bibs shall be secured to prevent unauthorized use. (PS)
Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
207 Outside hinges on all exterior doors shall be provided with non-removable pins when pin-type hinges are used or shall be provided with hinge studs, to prevent removal of door. (PS)
208 Roll-up doors and individual storage space doors shall be equipped with locking hardware including metal flanges on the lock bolts to protect the padlock shackle from being cut. (PS)
209 Overhead roll-up doors shall be so secured on the inside that the lock cannot be defeated from the outside and shall also be secured with a cylinder lock or padlock from the inside. (PS)
210 All exterior doors shall be provided with their own light source and shall be adequately illuminated at all hours to make clearly visible premises and provide adequate illumination for persons exiting the building. (PS) 211 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)
212 All entrances to the parking area shall be posted with appropriate signs per California Vehicle Code Section 22658(a) to assist in removing vehicles at the property. (PS)
213 *EIR Mitigation Measure AIR MM-7: During operation of the proposed Project, Developer will comply with the following: (P)(B&S)
213.1 All outdoor cargo handling equipment (including yard trucks, hostlers, yard goats, forklifts, and landscaping equipment) shall be zero- emission vehicles. Each building shall include the necessary charging stations or other necessary infrastructure for cargo handling equipment. The building manager or their designee shall be responsible for enforcing these requirements.
213.2 In anticipation of a transition to zero emissions truck fleets during the lifetime of the Project, install at least ten (10) heavy-duty truck vehicle charging stations by buildout of Phase 1 of the Project, install at least ten (10) heavy-duty truck vehicle charging stations by buildout of Phase II of Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
the Project, and install at least five (5) heavy-duty truck vehicle charging stations by buildout of Phase 1 of the Project.
213.3 Commit to on-site solar generation sufficient to meet at least 75 percent of the Project’s total operational energy requirements from within the building envelope.
213.4 Prior to certificate of occupancy, install conduit and infrastructure for Level 2 (or faster) electric vehicle charging stations on-site for employees for the percentage of employee parking spaces commensurate with Title 24 requirements in effect at the time of building permit issuance plus additional plus charging stations equal to 5 percent of the total employee parking spaces in the building permit, whichever is greater. By buildout of each phase of the Project, install Level 2 (or faster) electric vehicle charging stations for 25 percent of the employee parking spaces required. 213.5 Install HVAC and/or HEPA air filtration systems in all warehouse facilities. 213.6 Prior to tenant occupancy, provide documentation to the City of Palmdale demonstrating that occupants/tenants of the Project site have been provided documentation that:
213.7 Recommends the use of electric or alternatively fueled sweepers with high efficiency particulate air (HEPA) filters;
213.8 Recommends the use of water-based or low VOC cleaning; and 213.9 For occupants with more than 250 employees, require the establishment of a transportation demand management program (TDM) to reduce employee commute vehicle emissions.
213.10 Include contractual language in tenant lease agreements requiring that any facility operator shall:
213.10.1 Ensure that site enforcement staff in charge of keeping the daily log and monitoring for excess idling will be trained/certified in diesel health effects and technologies, for example, by requiring attendance at California Air Resources Board (CARB)-approved courses.
213.10.2 Be required to train managers and employers on efficient scheduling and load management to eliminate unnecessary queuing and idling of trucks. The building manager or their designee shall be responsible for enforcing these requirements.
Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
213.10.3 Be in, and monitor compliance with, all current air quality regulations for on-road trucks including CARB’s Heavy-Duty (Tractor-Trailer) Greenhouse Gas Regulation, Periodic Smoke Inspection Program (PSIP), and the Statewide Truck and Bus Regulation.
214 *EIR Mitigation Measure GHG DF-3: Cargo handling equipment shall be non- diesel. If more than one piece of cargo handling equipment is required by the building user, the equipment shall be zero-emission. (AVAQMD)(B&S) 215 *EIR Mitigation Measure HAZ RR 4-4: In accordance with the California Accidental Release Prevention (CalARP) program, if any businesses occupies the Project site that handles more than a specific threshold quantity of a regulated substance listed in the CalARP regulations, the business is required to prepare a Risk Management Plan (RMP) detailing the potential accident factors present and the measures that will be implemented to reduce accident potential.
The RMP must include, but not be limited to, safety information, a hazard review, operating procedures, training requirements, maintenance requirements, compliance audits, and incident investigation procedures. The CalARP program requirements are implemented and enforced at the local government level by Unified Program Agencies (UPAs), such as the Los Angeles County Fire Department. The UPAs determine the level of detail needed in the RMPs, review the RMPs, conduct facility inspections, and provide public access to most of the relevant information. (P)(B&S)
Key to Departmental Conditions:
(AVAQMD) Antelope Valley Air Quality Management District (661-723-8070) (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)
(PW) Public Works Department (661-267-5300)
(SCE) Southern California Edison (661-726-5617)
(TE) Traffic Engineering (661-267-5300)
Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
EXHIBIT J
SEE ATTACHED EIR
(SCH No. 2022090009)
UNDER SEPARATE COVER
Exhibit I
Conditions of Approval for TPM 83738 and SPR 22-008
EXHIBIT K
SEE ATTACHED STATEMENT OF
OVERRIDING CONSIDERATIONS
FINAL ENVIRONMENTAL IMPACT REPORT 22-001
SCH No. 2022090009
ANTELOPE VALLEY COMMERCE CENTER SPECIFIC PLAN PROJECT
GENERAL PLAN AMENDMENT 22-001; ZONE CHANGE 22-001;
SPECIFIC PLAN 22-001; SITE PLAN REVIEW 22-008;
TENTATIVE PARCEL MAP 83738
Lead Agency
City of Palmdale - Department of Economic and Community Megan Taggart, Deputy Director of Economic and Community Development
38250 Sierra Highway
Palmdale, CA 93550
CEQA Consultant
T&B Planning, Inc.
3200 El Camino Real, Suite 100
Irvine, CA 92602
Project Applicant
AVCC Master, LLC
14180 Dallas Parkway, Suite 730
Dallas, TX 75254
Lead Agency Discretionary Permits
General Plan Amendment 22-001
Zone Change 22-001
Specific Plan 22-001
Site Plan Review. 22-008
Tentative Parcel Map. 83738
November 2024
Antelope Valley Commerce Center Specific Plan Project
Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
Page F-1
F.0 FINAL ENVIRONMENTAL IMPACT REPORT
F.1 INTRODUCTION
This Final Environmental Impact Report (FEIR) was prepared in accordance with the California Environmental Quality Act (CEQA) as amended (Public Resources Code Section 21000 et seq. ) and CEQA Guidelines (Title 14, California Code of Regulations, Section 15000 et seq.).
According to CEQA Guidelines Section 15132, the FEIR shall consist of:
a. The Draft EIR (DEIR) or a revision of the draft;
b. Comments and recommendations received on the DEIR either verbatim or in summary; c. A list of persons, organizations, and public agencies commenting on the DEIR; d. The responses of the Lead Agency to significant environmental points raised in the review and consultation process; and
e. Any other information added by the Lead Agency.
In accordance with the above -listed requirements, this FEIR for the Antelope Valley Commerce Center Specific Plan Project (hereafter, the “Project”) and associated discretionary and administrative actions, consists of the following:
a. Comment letters and responses to public comment; and b. The circulated Antelope Valley Commerce Center Specific Plan Project DE IR and Technical
Appendices, SCH No. 2022090009, with additions shown as underlined text and deletions shown as stricken text (refer to Subsection F.3, Additions, Corrections, and Revisions to the Draft EIR , for a summary of the changes to the EIR since the DEIR was circulated for public review).
This
FEIR document was prepared in accordance with CEQA and the CEQA Guidelines and represents the independent judgment of the CEQA Lead Agency (City of Palmdale).
F.2 RESPONSES TO DEIR COMMENTS
The City of Palmdale received ten (10) comment letters in response to the DEIR, including two comment letters received after the close of the 45 -day public review period for the DEIR. A list of the agencies, organizations, and persons that submitted comments on the DEIR is presented in Table F -1, Organizations, Persons, and Public Agencies that Commented on the DEIR.
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Page F-2
Table F-1 Organizations, Persons, and Public Agencies that Commented on the DEIR Comment
Letter Commenting Party Date
A Antelope Valley Air Quality Management District (AVAQMD) 6/27/2024 B Mitchell M. Tsai Law Firm 7/2/2024
C Advocates for the Environment 7/19/2024
D Los Angeles County Sanitation Districts (LACSD) 7/25/2024 E County of Los Angeles Fire Department 8/2/2024
F California Department of Transportation (Caltrans) 8/5/2024 G California Department of Fish and Wildlife (CDFW) 8/5/2024 H.1 Air Force Life Cycle Management Center (AFLCMC) 8/5/2024 H.2 Air Force Life Cycle Management Center (AFLCMC) 9/5/2024 I Morongo Band of Mission Indians (MBMI) – Tribal Historic Preservation Office (THPO)
8/6/2024
F.2.2 CEQA REQUIREMENTS
State CEQA Guidelines Section 15088 requires the Lead Agency (City of Palmdale) to evaluate comments received from public agencies and interested parties who reviewed the DEIR and to provide written responses with good faith and reasoned analysis to comments that relate to significant environmental issues.
State CEQA Guidelines Section 15204(a) outlines the parameters for public agencies and interested parties to submit comments and the Lead Agency’s responsibility for responding to specific comments. Per CEQA Guidelines Section 15204(a), comments should be related to:
[T]he sufficiency of the document in identifying and analyzing possible impacts on the environment and ways in which the significant effects of the project might be avoided or mitigated. Comments are most helpful when they suggest additional specific alternatives or mitigation measures that would provide better ways to avoid or mitigate the significant environmental effects. At the same time, reviewers should be aware that the adequacy of an EIR is determined in terms of what is reasonably feasible…CEQA does not require a lead agency to conduct every test or perform all research, study, and experimentation recommended or suggested by commenters. When responding to comments, lead agencies need only respond to significant environmental issues and do not need to provide all information requested by reviewers, as long as a good faith effort at full disclosure is made in the EIR.
State CEQA Guidelines Section 15204(c) further advises that, “[r]eviewers should explain the basis for their comments, and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of the comments. Pursuant to CEQA Guidelines Section 15064, an effect shall not be considered significant in the absence of substantial evidence.” Additionally, CEQA Guidelines Section 15204(d) notes that, “[e]ach responsible agency and trustee agency shall focus its comments on environmental information germane to that agency’s statutory responsibility;” but, pursuant to CEQA Guidelines Section 15204(e), “[t]his section shall not be used to restrict the ability of reviewers to Antelope Valley Commerce Center Specific Plan Project
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comment on the general adequacy of a document or of the lead agency to reject comments not focused as recommended by this section [CEQA Guidelines Section 15204].”
Per State CEQA Guidelines Section 15088(c), the level of detail contained in the response may correspond to the level of detail provided in the comment: “A general response may be appropriate when a comment does not contain or specifically refer to readily available information or does not explain the relevance of evidence submitted with the comment.”
F.2.3 RESPONSES TO DEIR COMMENTS
Copies of the comment letters referenced in Table F -1 are provided on the following pages, followed by responses to each individual comment. State CEQA Guidelines Section 15088.5 requires recirculation when “significant” new information is added to an EIR, meaning the EIR is changed in a way that deprives the public of a meaningful opportunity to comment on a substantial adverse environmental effect or a feasible way to avoid such an effect, including a feasible project alternative that the applicant declines to implement.
“Significant” new information requiring recirculation includes (1) a new significant environmental impact; (2) a substantial increase in the severity of an environmental impact; (3) a feasible project alternative or mitigation measure that would clearly lessen the significant environmental impacts of the project, but the applicant declines to adopt it; or (4) a fundamentally and basically inadequate and conclusory draft EIR (CEQA Guidelines Section 15088.5; see also, Laurel Heights Improvement Assn. v. Regents of University of California [1993] 6 Cal. 4th 1112). None of the responses to the comment letters submitted to the City of Palmdale (Lead Agency) required the addition of significant new information to the DEIR or otherwise meet the State CEQA Guidelines Section 15088.5. Instead, these responses to comments supplement , amplify, and clarify the DEIR’s analysis of the same potentially significant impacts already disclosed therein. Therefore, recirculation is not required (refer also to F.4, No Recirculation of DEIR Required).
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Comment Letter A
A-1
A-2
A-3
A-5
A-4
A-6
A-7
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Comment Letter A
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RESPONSES TO COMMENT LETTER A:
Antelope Valley Air Quality Management District (AVAQMD)
A-1 In this introductory comment, the Antelope Valley Air Quality Management District ( AVAQMD) acknowledges the City’s request to comment on the Draft Environmental Impact Report (DEIR) and provides an accurate description of the proposed Project and its location. Th is comment is acknowledged; no further response is necessary.
A-2 T he AVAQMD states that it requires payment of the AVAQMD’s required Construction Excavation Fee, and notes that the Project would be subject to compliance with all prerequisites outlined in AVAQMD Rule 403, including the requirement to prepare and seek AVAQMD approval for a Dust Control Plan, and notes the AVAQMD requirement to control fugitive dust during construction. As discussed in DEIR Section 4.2, Air Quality, and DEIR Section 4.6, Geology and Soils , construction and operation of the Project would be required to comply with all applicable AVAQMD Rules and Regulations, including Rule 403, Fugitive Dust. The commenter is referred to DEIR pages 4.2-26, 4.2- 31, 4.6-14, 4.6-17, 4.6-18, S-20, S-51, S-57, and regulatory requirements AIR RR-3 (DEIR, p. 4.2-59), and as more briefly summarized in GEO RR-3 (DEIR, p. 4.6-22). In addition, the City’s Conditions of Approval require that the Project’s dust control plan provide appropriate dust control measures per the City and the AVAQMD’s standards to minimize dust at all times during construction. Pursuant to the Conditions of Approval for the Project, the Project A pplicant shall provide proof of compliance with the AVAQMD’s requirements and payment of applicable fees. Notwithstanding, and in response to this comment, FEIR Regulatory Requirement AIR RR-3 has been updated to include a requirement to submit the required Construction Excavation Fee.
AIR RR-3 The P
roject shall comply with the provisions of AVAQMD Rule 403, Fugitive Dust, including the submission of the required Dust Control Plan and Construction Excavation Fee, by implementing the following dust control measures during construction activities, such as earth-moving activities, grading, and equipment travel on unpaved roads. Prior to grading permit issuance, the following notes shall be included on the grading plans. Project contractors shall be required to ensure compliance with the notes. The notes also shall be specified in bid documents issued to prospective construction contractors.
a. Al
l clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25 miles per hour (mph) per AVAQMD guidelines in order to limit fugitive dust emissions, or water shall be applied to the soil not more than 15 minutes prior to moving such soil to limit Visible Dust Emissions (VDE) to 20 percent opacity.
b. The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered or subject to the application of dust suppressants sufficient to limit VDE to 20 percent opacity. c. The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 mph or less.
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A-3 The AVAQMD states that applicable permit applications and fees are required to be submitted for any equipment or process that may not be exempt under AVAQMD Rule 219 and have the potential to emit or control air contaminants, including but not limited to, emergency generators rated at over 50 brake horsepower (bhp). The City agrees and this information was included in the DEIR. T he commenter is referred to DEIR Table 3-7, Matrix of Project Approvals/Permits, which states that the AVAQMD is the agency responsible for the potential issuance of permits for equipment that is not exempted by AVAQMD Rule 219, the California Health and Safety Code or by AVAQMD policy/precedent. Also, as stated in EIR Section 4.2, Air Quality, the Project would be required to comply with all applicable AVAQMD Rules as a Condition of Approval . As the DEIR already acknowledged the requirement to obtain appropriate permits from the AVAQMD for any on-site equipment that is subject to the provisions of AVAQMD Rule 219, no revision to the DEIR is warranted pursuant to this comment.
A-4 The AVAQMD states that all construction equipment utilized must comply with California Air Resources Board (CARB) In-Use Off-Road Diesel Vehicle Regulation. The City agrees that the proposed Project would be subject to compliance with CARB’s In-Use Off-Road Diesel-Fueled Fleets Regulation. Although compliance with CARB’s In-Use Off-Road Diesel-Fueled Fleets Regulation is mandatory, FEIR Mitigation Measure AIR MM-6 has been updated to include a requirement to comply with the In-Use Off-Road Diesel-Fueled Fleets Regulation during construction activities (see last bullet in list):
AIR MM-6 During Project construction, Developer will comply with the following:
• Require all generators, and all diesel -fueled off-road construction equipment greater than 75 horsepower, to be zero-emissions or equipped with CARB Tier IV-compliant engines (as set forth in Section 2423 of Title 13 of the California Code or Regulations, and Part 89 of Title 40 of the Code of Federal Regulations) or better by including this requirement in applicable bid documents, purchase orders, and contracts with successful contractors. After either (1) the completion of grading or, (2) the completion of an electrical hook -up at the site, whichever is first, require all generators and all diesel-fueled off-road construction equipment, to be zero-emissions or equipped with CARB Tier IV-compliant engines (as set forth in Section 2423 of Title 13 of the California Code of Regulations, and Part 89 of Title 40 of the Code of Federal Regulations) or better by including this requirement in applicable bid documents, purchase orders, and contracts with successful contractors. An exemption from these requirements may be granted by the City in the event that the Project Applicant documents that equipment with the required tier is not reasonably available and corresponding reductions in criteria air pollutant emissions are achieved from other construction equipment (for example, if a Tier IV Final piece of equipment is not necessarily available at the time of construction and a lower tier equipment is used instead (e.g., Tier IV interim), and another piece of equipment could be upgraded from a Tier IV Antelope Valley Commerce Center Specific Plan Project
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Final to a higher tier (i.e., Tier V) or replaced with an alternative-fueled (not diesel-fueled) equipment to offset emissions associated with using a piece of equipment that does not Meet Tier IV Final standards). Before an exemption may be considered by the City, the Project Applicant shall be required to demonstrate that at least two construction fleet owners/operators in the Region were contacted and that those owners/operators are confirmed Tier IV Final or better equipment could not be located in the Region. To ensure that Tier IV Final construction equipment or better would be used during the proposed Project’s construction, the Project Applicant shall include this requirement in applicable bid documents, purchase orders, and contracts. Successful contractors must demonstrate the ability to supply the compliant construction equipment for use prior to any ground-disturbing and construction activities.
• Provide infrastructure for zero-emission off-road construction equipment if the contractors selected to construct the Project plan to use zero- emission off-road construction equipment.
• Provide electrical hook-ups to the power grid, rather than diesel -fueled generators, for contractors’ electric construction tools, such as saws, drills, and compressors. In applicable bid documents and contracts with contractors selected to construct the P roject, include language requiring all off-road equipment with a power rating below 19 kilowatts (e.g., plate compactors, pressure washers, etc. (used during Project construction to be electric.
• Require construction equipment to be turned off when not in use.
• Recycle and/or salvage to reuse a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance with Section 5.408.1 of the California Green Building Standards Code Part 11.
• On days when the hourly average wind speed for the City of Palmdale exceeds 20 miles per hour, additional dust control measures shall be implemented, such as increased surface watering. Grading and excavation shall be prohibited when sustained wind speeds exceed 30 miles per hour.
• Apply and maintain surface treatments (such as PURETi Coat or PlusTi) on impervious ground surfaces that lessen impervious surface -related radiative forcing.
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• Use paints, architectural coatings, and industrial maintenance coatings for all interior painting that have volatile organize compound levels of less than 10 g/L.
• All self-prope
lled off-road diesel -powered vehicles with engines greater than or equal to 25 horsepower and all two-engine vehicles (except on-road two-engine sweepers) shall comply with applicable provisions of the California Air Resources Board (CARB) In-Use Off -Road Diesel Fueled Fleets Regulation (Sections 2449, 2449.1, and 2449.2 of Title 13, Division 3, Chapter 9, Article 4.8, California Code of Regulations).
A-5 The AVAQMD states that grant funds are available to assist with construction and/or installation of electric vehicle charging at publicly accessible commercial/industrial developments and advises to contact the AVAQMD for more information. The comment is acknowledged. No further response is required.
A-6 The AVAQMD states that prior to issuance of any permit by the City and prior to grading or construction activities, all projects must undergo clearance by the AVAQMD . The comment is acknowledged. As stated above in Response A-3, as stated in EIR Section 4.2, Air Quality, the Project would be required to comply with all applicable AVAQMD Rules as a Condition of Approval (COA).
No further response is required.
A-7 T he AVAQMD thanks the City of Palmdale for the opportunity to review the DEIR and provides contact information for the AQVAQMD. The comment is acknowledged. No further response is required.
A-8 The AVAQMD attaches a City of Palmdale Clearance Checklist which states that prior to issuance of any permit by the City and prior to commencement of grading or construction activities, all projects must undergo clearance by the AVAQMD for Rule 302-Construction Excavation Fee; Dust Control Plan (DCP) with Signage; Rule 219-Permitting; and CARB Equipment. In response to this comment, FEIR Regulatory Requirement AIR RR-3 has been updated to include the submission of the required Dust Control Plan, as noted in the response to Comment A -2. Additionally, as stated in EIR Section
4.2, Air Quality, the Project would be required to comply with all applicable AVAQMD Rules as a Condition of Approval. No further response is necessary.
Antelope Valley Commerce Center Specific Plan Project
Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
Page F-10
Comment Letter B
1 From: Hind Baki <[email protected]>
Sent: Tuesday, July 2, 2024 5:42:26 PM
To: Brenda Magana <[email protected]>; Megan Taggart <[email protected]>; Mitchell Tsai <[email protected]>; Mitchell M. Tsai Attorney at Law, P.C. <[email protected]> Subject: Re: WSRCC - [City of Palmdale, Antelope Valley Commerce Center] DEIR Status CAUTION: This email originated from outside of the organization.
Good afternoon city staff,
We note that the DEIR was released last month, and we are checking with you for any tentative dates you may have for public hearings. Also, if you could add the following emails to the Advance Notice/Interested Parties List for this project, we would appreciate it.
[email protected]
[email protected] (this email goes to everyone at our Law Firm) Thank you,
--Hind
Hind Baki
Paralegal
Mitchell M. Tsai Law Firm - Environmental & Land Use Litigation 139 South Hudson Avenue, Suite 200
Pasadena, CA 91101
Office: (626) 314-3821
Fax: (626) 389-5414
Email: [email protected]
Website: https://www.mitchtsailaw.com
**Please note that Hind Baki is out of office on Fridays; for any urgent matters, please contact [email protected]**
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages accompanying it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED and may violate applicable laws including the Electronic Communications Privacy Act. If you have received this transmission in error, please B-1
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Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
Page F-11
RESPONSES TO COMMENT LETTER B:
Mitchell M. Tsai Law Firm
B-1 The commenter requests information regarding tentative dates for the public hearing and requests to be added to the notification list for the Project. The City acknowledges this request; as requested by the comments, the City will provide the commenter with appropriate notices for this Project at the e - mail contact information provided. No further response is necessary.
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Comment Letter C
10211 Sunland Blvd., Shadow Hills, CA 91040 (818) 650-0030 X101 [email protected]
Advocates for the Environment
A non-profit public-interest law firm
and environmental advocacy organization
July 19, 2024
Megan Taggart
Director of Economic and Community Development
City of Palmdale
38250 Sierra Highway
Palmdale, CA 93550
Via U.S. Mail and email to [email protected]
Re: Comments on Draft Environmental Impact Report for Antelope Valley Commerce Center, SCH No. 2022090009
Dear Ms. Taggart:
Advocates for the Environment submits the comments in this letter regarding the Draft Environmental Impact Report (DEIR) for the Antelope Valley Commerce Center Project (Project).
The Project Site is located near Columbia Way, East Avenue M, and Sierra highway in the City of Palmdale (City). The Project proposes to develop the 432.9-acre Project Site by constructing six industrial warehouse buildings: Building 1, which would be a 126,670 square-foot warehouse with 22 loading docks; Building 2, which would be a 134,306 square-foot warehouse with 25 loading docks; Building 3, which would be a 122,695 square-foot warehouse with 18 loading docks; Building 4 which would be 660,469 square-foot warehouse with 107 loading docks; Building 5 which would be 984,228 square-foot warehouse with 184 loading docks; and Building 6 which would be 259,858 square-foot warehouse with 38 loading docks. We have reviewed the DEIR prepared in June 2024 and submit comments regarding the sufficiency of the DEIR’s Greenhouse-Gas (GHG) analysis under the California Environmental Quality Act (CEQA).
The City Should Require the Project to be Net-Zero
Given the current regulatory context and technological advancements, a net-zero significance threshold is feasible and extensively supportable. GHG emissions from buildings, including indirect emissions from offsite generation of electricity, direct emissions produced onsite, and from construction with cement and steel, amounted to 21% of global GHG emissions in 2019. (IPCC Sixth Assessment Report, Climate Change 2022, WGIII, Mitigation of Climate Change, p. 9-4.) This is a considerable portion of global GHG emissions. It is much more affordable to construct new building projects to be net-zero than to obtain the same level of GHG reductions by expensively retrofitting older buildings to comply with climate change regulations. Climate damages will keep increasing until we reach net zero GHG emissions, and there is a California state policy requiring the state to be net- zero by 2045. It therefore is economically unsound to construct new buildings that are not net-zero.
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Comment Letter C
City of Palmdale Page 2
CEQA Comments on Antelope Valley Commerce Center Project July 19, 2024
10211 Sunland Blvd., Shadow Hills, CA 91040 (818) 650-0030 X101 [email protected] Environmental groups have achieved tremendous outcomes by litigation under CEQA. Two of the largest mixed-use development projects in the history of California, Newhall Ranch (now FivePoint Valencia), and Centennial (part of Tejon Ranch) decided to move forward as net-zero communities after losing CEQA lawsuits to environmental groups. The ability for these large projects to become net-zero indicates that it is achievable, even for large-scale developments. The Applicant for this Project should do the same.
We urge the City to adopt net-zero as the GHG significance threshold for this project. This threshold is well-supported by plans for the reduction of GHG emissions in California, and particularly the CARB Climate Change Scoping Plans. The CARB 2017 Scoping Plan states that “achieving no net additional increase in GHG emissions, resulting in no contribution to GHG impacts, is an appropriate overall objective for new development.” (CARB 2017 Scoping Plan, p. 101.) Additionally, the CARB 2022 Scoping Plan reaffirms the necessity of a net zero target by expressing:
“it is clear that California must transition away from fossil fuels to zero-emission technologies with all possible speed … in order to meet our GHG and air quality targets.” (CARB 2022 Scoping Plan, p. 184.) CARB further encourages a net-zero threshold in its strategies for local actions in Appendix D to the 2022 Scoping Plan. (CARB 2022 Scoping Plan, Appendix D p. 24-26.) Moving this Project forward as a net-zero project would not only be the right thing for the City to do, but also would also help protect the City and the Applicant from CEQA GHG litigation.
GHG Mitigation is Insufficient under CEQA
The calculated project-related emissions amount to 148,194.15 metric tons of carbon dioxide equivalent (MTCO2e) per year (DEIR, p. 4.7-42). The City adopted a significance threshold based on Appendix G of the CEQA Guidelines. Based on this threshold, the City concluded the Project would have significant GHG emissions. To reduce this identified significant GHG impact, the GHG Analysis offered Air Quality Mitigation Measures (MM AIR) 3-5. (DEIR, p. 4.2-54.) According to the EIR, the proposed mitigation measures would reduce the Project’s emissions by 1,103.64 MTCO2e, yet this would amount to a mere 0.74 percent 1 of the project’s total emissions.
Even with this reduction from the mitigation measures, the project still significantly exceeds the SCAQMD’s threshold of 3,000 MTCO2e/yr. Despite the apparent availability of other GHG mitigation, the DEIR states that “there are no feasible means to or alternatives to eliminate all project traffic, or to ensure that Project traffic would be zero GHG emissions sources.” (DEIR, p. 4.7-40.) But, because this conclusion is not supported by substantial evidence, the DEIR should have included more mitigation to reduce the Project’s GHG emissions to the extent required by CEQA.
1 !
!,!#$.&' )*+,-.
!'/,-/0.0/ )*+,-." × 100 = 0. 739%; C-4
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Antelope Valley Commerce Center Specific Plan Project
Final Environmental Impact Report 22-001
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Comment Letter C
City of Palmdale Page 3
CEQA Comments on Antelope Valley Commerce Center Project July 19, 2024
10211 Sunland Blvd., Shadow Hills, CA 91040 (818) 650-0030 X101 [email protected] The EIR Identifies Unenforceable and Improperly Deferred Mitigation Measures There is no indication that certain mitigation measures would commit the lead agency to future achievement of performance standards and guarantees, which constitutes improper deferral. The performance standards in AIR MM-5 are voluntary and indicate a lack of commitment by the City to any particular standard due to the inclusion of multiple options. Consequently, the actual emissions reductions achieved are unclear. MM AIR-5 presents two alternatives: 1) Leadership in Energy and Environmental Design (LEED); 2) meeting or exceeding CALGreen Tier 2 standards. The measure fails to ensure enforceable benefits because it only requires the developer to demonstrate that the project 'could achieve' LEED certification and CALGreen Tier 2 standards. This language is non- committal and lacks enforceability. Additionally, the measure does not specify the targeted level of LEED certification, further undermining its effectiveness. Overall, the measure fails to commit to either standard.
Furthermore, all mitigation measures should be detailed in the DEIR so as not to violate CEQA’s requirement for specific and enforceable mitigation measures at the time of adoption.
Infeasibility Finding Lacks Substantial Evidence
The conclusion that the Project will not be able to achieve any mitigation beyond what was identified in the proposed mitigation measures is not supported by substantial evidence. The DEIR should have proposed more mitigation measures to be applied to the maximum feasible extent to justify the conclusion that the Project’s GHG impact would be unavoidable due to lack of feasibility of further mitigation. While the proposed mitigation measures are a good start, the City did not demonstrate that these actions would represent the maximum feasible mitigation to support a finding that the Project’s impact would be significant and unavoidable.
CEQA requires that the lead agency identifies specific reasons for the infeasibility of further mitigation when concluding that a significant and unavoidable impact will occur. There are other readily available mitigation measures, and some of the individual proposed mitigation measures could be modified to provide further mitigation especially considering that 89% of the Project’s GHG impact originates from mobile emissions which the mitigation measures were not focused on reducing. (DEIR, p. 4.7-35.). For instance, the DEIR notes that mobile emissions are not controllable, and therefore not feasible to mitigate, stating: “Emissions of motor vehicles are controlled by State and Federal standards, and the Project applicant and City of Palmdale have no control over these emissions.” (DEIR p. 4.7-35.)
The City has the ability to directly and indirectly control the emissions associated with this project. For instance, the City could mandate that the applicant's lease agreements include clauses limiting the use of heavy-duty diesel trucks, or that tenants' vehicle fleets use non-diesel fuels such as gasoline, ethanol, or biofuels. Additionally, the City could require the applicant to ensure that future tenants use hybrid or zero-emission commercial vehicles and to maintain a charging system for the C-8
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Comment Letter C
City of Palmdale Page 4
CEQA Comments on Antelope Valley Commerce Center Project July 19, 2024
10211 Sunland Blvd., Shadow Hills, CA 91040 (818) 650-0030 X101 [email protected] vehicle fleet powered by solar panels on the project site. This kind of mitigation is both feasible and necessary to offset the project's fair share of emissions.
Thus, the conclusion that further mitigation is infeasible was not supported by substantial evidence.
The Project’s GHG Impacts Must be Fully Mitigated
CEQA requires that the Project include fair-share mitigation for all significant cumulative impacts. (Napa Citizens for Honest Gov’t v. Napa County Board of Supervisors (2001) 91 Cal.App.4th 342, 364.) Here, this means mitigation of the full extent of the Project’s GHG impacts. The DEIR claims that no other mitigation measures are feasible, beyond the identified mitigation measures. But that conclusion is incorrect, and not supported by substantial evidence.
The amount of GHG emissions that comprises the Project’s fair share is clear. The reasonable lifespan this Project is approximately 30 years as indicated by the amortization of construction emissions. (DEIR, p. 4.7-29.) Therefore, the Project would likely contribute 4,445,824.5 MTCO2e during its entire lifespan.
2 This would be a good starting point from which to subtract the effect of additional non-offset mitigation measures, before implementing offset purchases.
In addition to implementing zero-emission vehicle fleets to the extent feasible, several on-site mitigation measures can be incorporated into the project as design features or as mitigation measures, including solar water heaters and automatic light switches, among many other mitigation strategies.
Solar panel installation or incorporating renewable energy production on-site is also a feasible mitigation measure. The DEIR indicates that the Project will comply with Title 24 requirements. (DEIR, p. 4.7-39.) However, Title 24 mandates only that at minimum of 15 percent of the roof area be solar-ready. Extending this requirement to cover the maximum available surface area, rather than just the minimum 15 percent required would be feasible. Additionally, installing solar panels across the entire available roof surface would also be a feasible measure. Having solar panels capable of offsetting 100% of the buildings’ energy demands would enhance the effectiveness and decrease GHG emissions overall.
Carbon Offsets are Feasible as Mitigation Measures
After requiring operational emissions reductions to the maximum-feasible extent, the City could also require the Applicant to purchase offsets for the Project’s remaining GHG emissions. The City did not provide any evidence for why offsets would be infeasible. Overall, there are more options available to mitigate emissions to the full extent of project emissions, and the City failed to
2 148,194.15 MTCO2e per year × 30 years = 4,445,824.5 MTCO2e C-11
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Comment Letter C
City of Palmdale Page 5
CEQA Comments on Antelope Valley Commerce Center Project July 19, 2024
10211 Sunland Blvd., Shadow Hills, CA 91040 (818) 650-0030 X101 [email protected] acknowledge or implement many mitigation measures that are feasible and could help reduce the Project’s GHG impact to the fair share extent.
Offsets are acceptable mitigation measures under CEQA (Guidelines § 15126.4 (c)(3).) There are also many offset projects that are currently operating in California, including projects that are relevant to the Project’s operations such as the Truck Stop Electrification project in California (Project ID ACR133), and those that reduce industrial process emissions such as the reclaimed hydrofluorocarbon project by Anew Environmental, LLC (Project ID ACR777), among others. 3 Such
offset programs are just examples of which the City could consider as feasible carbon offsets to reduce the Project’s GHG impact.
Conclusion
The DEIR fails to require all feasible mitigation, despite concluding that the significant GHG impact will be unavoidable. The lead agency has not met its burden of showing that such measures are infeasible, and therefore the DEIR should be amended to reflect all feasible mitigation to the fair-share extent. Please put me on the interest list to receive updates about the progress of this Project. We make this request under Public Resources Code, section 21092.2.
Sincerely,
Dean Wallraff, Attorney at Law
Executive Director, Advocates for the Environment
3 American Carbon Registry (ACR), list of offset projects, available at https://acr2.apx.com/myModule/rpt/myrpt.asp?r=111 (Accessed July 3, 2024).
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Antelope Valley Commerce Center Specific Plan Project
Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
Page F-17
RESPONSES TO COMMENT LETTER C:
Advocates for the Environment
C-1 The commenter provides introductory comments and includes a summary of the proposed Project, and indicates a concern over the DEIR’s analysis of potential impacts due to Greenhouse Gas (GHG) emissions. It should be noted that the commenter’s descriptions of the sizes of the proposed buildings are slightly inaccurate. Specifically, Building 1 is proposed to contain 136,670 s.f. of building area (not 126,670 s.f.), Building 2 is proposed to contain 144,306 s.f. of building area (not 134,306 s.f.), Building 3 is proposed to contain 132,695 s.f. of building area (not 122,695 s.f.), Building 4 is proposed to contain 680,469 s.f. of building area (not 660,469 s.f.), Building 5 is proposed to contain 1,004,228 s.f. of building area (not 984,228 s.f.), and building 6 is proposed to contain 274,858 s.f. of building area (not 259,858 s.f.). The commenter’s concerns are addressed below.
C-2 The commenter asserts that the Project’s potential impacts due to GHG emissions should have relied on a net-zero significance threshold, asserts that development of buildings contribute a large portion of global GHG emissions, notes that it is State policy to achieve net zero by 2045, identifies two residential developments in other parts of California that were able to achieve net zero, provides several citations to the California Air Resources Board (CARB) 2022 Scoping Plan, and again reasserts the commenter’s opinion that the Project should be designed to be net zero.
First, while it is acknowledged that CARB has established a “net-zero” target for the State, there is no requirement for individual developments to achieve a net -zero GHG contribution on a project -by- project basis . The Project would conform with all existing and future applicable GHG emissions reductions policies and regulations and includes mitigation that would control and reduce GHG emissions to the extent feasible and consistent with City of Palmdale requirements. In this manner, the Project promotes attainment of CARB’s statewide net-zero target. In addition, it is noted that the two developments cited by this commenter as achieving net zero emissions both consist of mixed-use residential development projects, and neither of these developments include industrial uses.
The commenter is referred to DEIR Table 4.7-4, which shows that 81.3 percent of the Project’s overall GHG emissions are due to mobile source emissions. Neither the Project Applicant nor the City of Palmdale have the ability to regulate emissions from tailpipes, as the federal government and the State of California are the only entities capable of regulating tailpipe emissions. Furthermore, it would not be feasible to impose a requirement that all of the Project’s heavy-duty trucks must be fully electric vehicles.
Trucks serving the Project site are unlikely to be owned by the building users, as most buildings are serviced by trucks or owned or leased by independent operators. The types of trucks driven by independent operators are outside of the control of the Project Applicant, building users, and the City of Palmdale. Second, there is not enough electrical grid power to sustainably charge these trucks. For example, one trucking company tried to electrify just 30 trucks at a terminal in Joliet, Illinois. Shortly after this plan began, local officials shut it down, commenting that it would draw more electricity than Antelope Valley Commerce Center Specific Plan Project
Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
Page F-18
is needed to power the entire city. 1 Even more relevant, a California company attempted to electrify 12 forklifts, which require significantly less power than trucks. Local power utilities told the California company that it was not possible.2 In a May 2023 report by Resources for the Future, titled Medium- and Heavy-Duty Vehicle Electrification: Challenges, Policy Solutions, and Open Research Questions, the report states that medium- and heavy-duty electric vehicles (“MHDEVs”) charging (which may exceed several megawatts [MWs] of demand for large fleets) could destabilize electricity distribution systems. Additionally, due to logistical and operational barriers, MHDEVs must be comparable to diesel vehicles in model options, range, recharge time, payloads, and maintenance. 3 However, considering current technologies, MHDEVs generally have ranges below 200 miles, versus more than 1,000 miles for diesel vehicles.
4 Additionally, recharge times are substantially longer than diesel refueling. For example, a clean diesel truck can spend 15 minutes fueling anywhere in the country and then travel about 1,200 miles before fueling again.5 In contrast, today’s long-haul battery electric trucks have a range of about 150-330 miles and can take up to 10 hours to charge.6 Moreover, fleets without a charging depot will need to rely on public charging stations. In addition to the barriers described above, zero-emission trucks are much more costly to fleet owners. A new, clean-diesel long-haul tractor typically costs in the range of $180,000 to $200,000.7 Meanwhile, a comparable battery-electric tractor – with a quarter of the range and thus requiring frequent and long hours of charging – costs upwards of $480,000. 8,9 In addition, each charging station installation can exceed $100,000 10 and public charging stations and required infrastructure for such charging is not widely available.11
Additionally, there is a significant constraint in sourcing enough raw minerals needed to produce the lithium-ion batteries used in zero-emission trucks. For example, tens of millions of tons of cobalt, graphite, lithium, and nickel will need to be produced. 12 It is estimated that it could take up to 35 years
to acquire all the minerals needed to generate enough truck batteries for current levels of global production.13 Additionally, expanding capacity and sourcing this amount of material creates environmental effects that in some respects could exceed the emissions of current clean-diesel trucks.14 15 1 https://www.trucking.org/news-insights/heavy-dose-reality-electric-truck-mandates 2 Id.
3 Id.
4 Id.
5 Id.
6 Id.
7 Id.
8 Id.
9 Id.
10 https://media.rff.org/documents/Report_23-03_v3.pdf
11https://www.ccjdigital.com/alternative-power/battery-electric/article/15545697/charging-forward-with-electric-truck- charging-stations
12 https://www.trucking.org/news-insights/heavy-dose-reality-electric-truck-mandates 13 Id.
14 Id.
15 Urban Crossroads, Inc. Infeasibility of All-Electric Trucks Memorandum, October 16, 2024 Antelope Valley Commerce Center Specific Plan Project
Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
Page F-19
Finally, California’s zero-emission trucking regulations have been challenged by numerous other states as an unconstitutional restraint on interstate commerce, and are at least partially unenforceable while the legal challenges are pending, and could ultimately be determined to be unlawful. Accordingly, because fully electric trucks are not feasible at this time for the reasons noted above, and because the vast majority of the Project’s GHG emissions would be generated from mobile sources, it can be concluded that there are no feasible mitigation measures available to reduce the Project’s GHG impacts to below a level of significance beyond what already is required by DEIR Mitigation Measures AIR MM-2 through AIR MM 4-7 and Design Features GHG DF-1 through GHG DF-3.
There are no additional feasible mitigation measures available to reduce the Project’s GHG impacts to below a level of significance. Furthermore, the commenter’s suggestion to adopt and implement a City- wide “net-zero GHG emission threshold” is beyond the scope of the Project and the Project’s DEIR.
Therefore, as it would not be feasible to design the Project to achieve net zero emissions, no revision to the DEIR is warranted pursuant to this comment.
C-3 The commenter summarizes the DEIR’s analysis of the Project’s impacts due to GHGs, references DEIR Mitigation Measures MM AIR 3-5, and cites the conclusion of the DEIR that the Project’s GHG impacts would be significant and unavoidable even after the implementation of mitigation measures.
The commenter also cites the DEIR’s finding that implementation of DEIR Mitigation Measures MM AIR-2 through MM AIR-5 only would result in a reduction of approximately 0.74%, and the DEIR’s conclusion that the Project’s mitigated GHG emissions would be well over 3,000 MTCO 2e/yr. The
commenter then asserts that the DEI R’s conclusion that additional mitigation measures are not available to address the Projects significant and unavoidable GHG impacts is not based on substantial evidence. For the reasons noted below in response to the specific comments identified by this comment letter, the City finds that the DEIR’s conclusion that additional mitigation is not available was correct and was based on substantial evidence. The remaining portions of the commenter’s description of the DEIR’s discussion and conclusions as provided by this comment are accurate; no further response is necessary.
C-4 The footnote to Comment C-3, which provides the calculation of the level of GHG emission reductions resulting from implementation of the Project’s mitigation measures, is acknowledged; no response is necessary.
C-5 The commenter alleges that the DEIR included unenforceable and improperly deferred mitigation measures. The commenter refers specifically to Mitigation Measure AIR MM-5, which the commenter wrongly states provides two separate alternatives that include either achieving LEED standards or meeting or exceeding CALGreen Tier 2 standards, and the commenter asserts that Mitigation Measure AIR MM-5 is non-committal because it only requires the Developer to demonstrate that the Project “could” achieve LEED certification and meet CalGreen Tier 2 standards. First, it should be noted that Mitigation Measure AIR MM-5 does not provide two separate alternatives; rather, Mitigation Measure AIR MM -5 requires the Project Applicant to “…provide documentation to the City of Palmdale demonstrating that the Project could achieve Leadership in Energy and Environmental Design (LEED) certification to meet or exceed CALGreen Tier 2 standards in effect at the time of building permit Antelope Valley Commerce Center Specific Plan Project
Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
Page F-20
application.” Thus, Mitigation Measure AIR MM -5 requires the Project to both achieve LEED certification and to meet CALGreen Tier 2 standards. Notwithstanding, in order to ensure that the Project’s buildings achieve LEED certification and CALGreen Tier 2 standards, M itigation Measure AIR MM-5 has been revised as follows:
AIR MM-5 Prior t o the issuance of a building permit, Developer shall provide documentation to the City of Palmdale demonstrating that the Project could will achieve Leadership in Energy and Environmental Design (LEED) certification to meet or exceed CALGreen Tier 2 standards in effect at the time of building permit application.
C-6 The commen
ter states that all mitigation measures should be detailed in the DEIR so as not to violate CEQA’s requirement for specific and enforceable mitigation measures at the time of adoption. All of the mitigation measures identified by the DEIR and that were relied upon in the DEIR’s conclusion as to the significance of Project impacts following mitigation have been detailed in the DEIR, and this comment does not identify any specific mitigation measures that fail to include specific and enforceable measures. Assuming this comment is in relation to DEIR Mitigation Measure AIR MM - 5, Mitigation Measure AIR MM-5 is clear that all of the Project’s buildings shall be designed to meet LEED certification in order to meet or exceed CALGreen Tier 2 standards. As this comment does not identify any other mitigation measures that are not specific or enforceable, no revision to the DEIR is warranted pursuant to this comment, beyond the minor revision noted in the response to Comment C-
5. C-7 The commenter asserts that the DEIR failed to include specific reasons why the inclusion of additional mitigation measures beyond what already is provided in DEIR Subsections 4.2 and 4.7 would be infeasible. It is noted that with exception of the commenter’s recommendation to utilize a net-zero threshold (which is addressed in the response to Comment C-2), this comment letter does not identify or recommend any feasible mitigation measures that could measurably reduce the Project’s GHG emissions, and asserts without providing any evidence that such additional mitigation measures are available. As this comment letter does not identify any feasible mitigation measures that could measurably serve to reduce the Project’s significant and unavoidable impacts due to GHG emissions, no revision to the DEIR is warranted pursuant to this comment.
C-8 The commenter disagrees with the DEIR’s assertion that additional mitigation measures are not available for the Project’s significant and unavoidable GHG impacts, and states that the lead agency is required to identify specific reasons for the infeasibility of further mitigation with respect to significant and unavoidable impacts. The commenter then offers several mitigation suggestions, including a requirement to limit the use of heavy-duty diesel trucks; a suggestion to require the Project’s vehicle fleets to use non -diesel fuels such as gasoline, ethanol, or biofuels; a suggested measure that would require future tenants to use hybrid or zero-emission commercial vehicles; and a recommended measure requiring the provision of a charging system for the Project’s vehicle fleet, which the commenter asserts should be powered by solar panels.
Antelope Valley Commerce Center Specific Plan Project
Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
Page F-21
The commenter is referred to DEIR Subsection 4.7.9, which includes an explanation as to why additional mitigation measures are not available to further reduce the Project’s significant and unavoidable GHG impacts. With respect to the commenter’s specific mitigation suggestions, the commenter’s suggestion to include a measure “limiting the use of heavy-duty diesel trucks” is vague and unenforceable, and as such would not serve to measurably reduce the Project’s level of GHG emissions.
With respect to requiring vehicle fleets to use non-diesel fuels (gasoline, ethanol, or biofuels) such a requirement for the Project is not feasible. Future Project tenant(s) are unknown as are the specific types of trucks that would potentially access the Project. Restricting access to the Project diminishes tenancy options, and the Project’s overall economic viability. Further, vehicle fleet control (including control over fuel consumption) is typically viable when the vehicle operator and owner of the origin/destination of the site of the industrial land uses are the same, such is not the case here.
With specific regard to potential use of gasoline -powered heavy duty trucks, there is evidence that gasoline powered engines result in numerous deficiencies for heavy duty applications such as would be required for trucks accessing the Project site. These include:
Efficiency and Operating Costs
Diesel engines are significantly more fuel-efficient than gasoline engines for heavy-duty applications.
This translates to lower operating costs over the lifetime of the vehicle, which is crucial for commercial trucking operations where fuel is a major expense. Diesel engines can achieve up to 30-35% better fuel economy compared to gasoline engines in heavy-duty trucks. Reduced fuel consumption maximizes efficient use of available resources.
Durability and Longevity
Diesel engines are more robust and durable than gasoline engines, allowing them to withstand the demands of heavy-duty use over hundreds of thousands of miles. This increased longevity results in lower long-term vehicle maintenance and vehicle replacement requirements, acting to reduce costs and conserve resources generally.
Emissions
Because diesel engines are more efficient, diesel -powered trucks can transport goods over longer distances per gallon of fuel consumed, resulting in lower CO2 (GHG) emissions when compared to gasoline-powered trucks. It is also recognized that gasoline engines offer comparative advantages when considering NOx and PM emissions. However, advances in diesel technologies combined with increasingly stringent regulation by CARB and others have reduced these emissions significantly (see DEIR at pp. 4.2-16 – 4.2-17). Note also the DEIR mitigation (AIR MM -4) requires that tenants demonstrate monitored compliance with all current air quality regulations including CARB’s Heavy- Duty (Tractor-Trailer) Greenhouse Gas Regulation, Periodic Smoke Inspection Program, and the Statewide Truck and Bus Regulation
Antelope Valley Commerce Center Specific Plan Project
Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
Page F-22
With regard to potential use of ethanol or biofuels in Project heavy-duty truck applications, current engine types generally are not optimized for use of ethanol or bio-fuels, resulting in lower efficiencies, increased fuel consumption, and increased emissions generally--acting to offset potential NOx or PM emissions benefits. The primary limiting factor here however would be that tenants would not own or control heavy-duty trucks accessing the Project site.
Note also, that an unintended consequence of limiting access to the Project by certain vehicle types would be redirection of those vehicles to more distant locations, with resulting increases in regional VMT and mobile-source emissions.
Lastly, it is noted that as alternative fuel technologies for heavy-duty trucks become widely available, and/or are mandated, it is anticipated that heavy-duty trucks accessing the Project site would employ such technologies. As the DEIR does not assume potential emissions benefits that may result from use of alternative fuels, it establishes the Project’s likely maximum impact condition with respect to mobile-source emissions. Here, the DEIR has made a good faith effort at disclosing the Project’s potential environmental impacts, allowing the decision-makers to take these impacts into account in their deliberations regarding the Project.
With respect to the commenter’s suggested mitigation requiring charging stations for trucks and vehicles and for solar power, the commenter is referred to DEIR Mitigation Measures AIR MM-2 and AIR MM-3. Mitigation Measure AIR MM-2 already includes a requirement to provide EV charging stations for passenger vehicles and to include conduit to support the future installation of EV truck charging stations. Mitigation Measure AIR MM -3 also includes a requirement to generate on-site renewable energy by including rooftop solar panels to the extent feasible. Accordingly, as the mitigation measures identified by the commenter are either infeasible or already were included in the DEIR, no revision to the DEIR is warranted pursuant to this comment.
C-9 The commenter asserts that CEQA requires fair-share mitigation for cumulatively-considerable impacts, calculates the Project’s total emissions over a 30 -year period, and asserts that the Project’s level of unmitigated GHG emissions should be used to determine appropriat e additional mitigation measures before implementing offset purchases.
There is no established or viable mechanism for the Project Applicant to purchase carbon emissions offsets. A lthough it is generally true that it is possible to purchase carbon offsets, recent Court of Appeal decisions have cast considerable doubt on the use of such offsets to mitigate GHG impacts from land use development projects. In Golden Door Properties, LLC v. County of San Diego (2020) 50 Cal.App.5th 467, the Court of Appeal invalidated a mitigation measure that required the purchase of offsets from a “CARB-approved registry, such as the Climate Action Reserve, the American Carbon Registry, and the Verified Carbon Standard.” (Id. at 510.) Although the court insisted its decision “should not be construed as blanket prohibition on using carbon offse ts” to mitigate GHG emissions under CEQA, it found numerous flaws with the measure at issue and failed to provide a clear roadmap for how to craft a similar valid measure. The court also declined to express an opinion on a number of issues, including whether offsets could potentially be used to mitigate more than eight percent of a Antelope Valley Commerce Center Specific Plan Project
Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
Page F-23
project’s emissions and the extent to which out -of-county offsets could be used. (Id. at 503, 513, n.
27.) Subsequent to Golden Door , another measure requiring the purchase of offsets similarly was found to be invalid in an unpublished Court of Appeal decision, with the court finding the measure’s inclusion of additional standards for offsets did “not cure the defects found in Golden Door.” (Sierra Club v. County of San Diego (Dec. 21, 2021, No. D077548) 2021 WL 6050624, at *11.) In light of such uncertainty, the City finds that carbon offsets are not a feasible method for mitigating the Project’s GHG emissions.
In addition, it should be noted that the vast majority of emissions that would be generated by the Project, including mobile emissions and energy emissions, are subject to the California Cap and Trade program, which places an economy-wide “cap” on major sources of GHG emissions, such as refineries, power plants, industrial facilities, and transportation fuels. For example, “ ’Fuel suppliers’ are responsible for the carbon pollution from fuels under the Cap-and -Trade Program” and thus must acquire “allowances” to cover all carbon pollution from such fuels16. They may also purchase certain approved offsets to fulfill up to eight percent of their compliance obligation. (See Golden Door at 485.) Given the vast majority of the emissions that would be generated by the Project are covered by Cap and Trade and thus are already subject to a regulatory program that includes offsets, the City finds it would be inappropriate and infeasible to use offsets to mitigate such emissions. Rather, mitigation measures should focus on reducing emissions from the Project.
Indeed, Golden Door and other cases make clear that the purchase of offsets is not a substitute for avoiding emissions and that measures that result in actual reductions in emissions from a development project are preferable to attempting to offset emissions via offsets. Thus, the DEIR requires that the Project implement numerous mitigation measures designed to reduce the Project’s GHG emissions. (See, DEIR pp. 4.2-53 through 4.2-58 [Mitigation Measures AIR MM -2 through AIR MM -7].) Further, the City has carefully considered comments suggesting revisions to Mitigation Measures AIR MM-2 through AIR MM -7, and as noted in the response to Comment C-5, Mitigation Measure AIR MM-5 was revised to ensure that the requirement to achieve LEED certification and to meet or exceed CALGreen Tier 2 standards is fully enforceable. With the revisions to Mitigation Measures AIR MM- 5 described above and herein, the City has determined that all feasible mitigation measures have been incorporated into the Final EIR. The proposed revisions to Mitigation Measure AIR MM -5 would ensure that this measure is fully enforceable; however, the Project’s contribution to cumulative GHG impacts still would remain significant and unavoidable. For the reasons discussed above, the City’s experts disagree that the purchase of carbon offsets is a feasible or appropriate way to mitigate the Project’s remaining GHG emissions.
C-10 The commenter suggests additional mitigation measures, including requiring zero-emission fleets, installing solar water heaters, installing automatic light switches , and providing roof-top solar. A mandate requiring the Project to use zero-emission fleets is not feasible for the reasons noted above in the response to Comment C-2. Additionally, the commenter is referred to Mitigation Measure AIR MM-3, which already includes a requirement to provide rooftop solar panels, and Mitigation Measure
16 California Air Resources Board, FAQ for Fuel Purchasers. https://ww2.arb.ca.gov/sites/default/files/cap-and- trade/guidance/faq_fuel_purchasers.pdf
Antelope Valley Commerce Center Specific Plan Project
Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
Page F-24
AIR MM-3 does not limit solar panels to only 15% of the buildings’ energy demand. Additionally, the requirement to provide solar also would ensure that all or a portion of the Project’s water heater- related energy demand would be met by solar power. With respect to the commenter’s suggestion to require the provision of automatic light switches, the provision of automatic light switches already is a requirement of the California Energy Commission’s (CEC) Building Energy Efficiency Standards (California Code of Regulations [CCR] Title 24, Parts 6 and 11). Moreover, as the majority (81.3%) of the Project’s GHG emissions are due to mobile sources, measures addressing water heaters and light switches would not serve to measurably reduce the Project’s level of GHG emissions. Accordingly, as this comment does not identify any feasible mitigation measures to address the Project’s GHG emissions that are different from the mitigation measures already presented in the DEIR, no revision to the DEIR is warranted pursuant to this comment.
C-11 The commenter offers examples of offset programs for the City to consider as feasible carbon offsets to reduce the Project’s GHG impacts. The commenter is referred to the responses to Comment C-9, which explains why carbon offsets is not a feasible means of mitigating the Project’s GHG emissions impacts.
C-12 The commenter summarizes the comments provided by this letter, reasserts that the DEIR fails to require all feasible mitigation measures to address the Project’s impacts due to GHG emissions, urges the City to adopt additional feasible mitigation measures, and requests to receive updates regarding the progress of the Project as required by Public Resources Code Section 21092.2. For the reasons noted in the responses to Comments C-2 through C-11, the City finds that the DEIR impose d all mitigation measures available to reduce the Project’s level of GHG emissions to the maximum feasible extent.
Refer to Response C-5 above. The City acknowledges the commenter’s request to be informed about updates regarding the Project, and the City will provide the commenter with all notices related to the proposed Project. No further response is necessary.
Antelope Valley Commerce Center Specific Plan Project
Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
Page F-25
Comment Letter D
DOC 7277477.D9914
July 25, 2024
Ref. DOC 7252395
VIA EMAIL [email protected]
Ms. Megan Taggart, Deputy Director of Economic and Community Development City of Palmdale Planning Division
38250 Sierra Highway
Palmdale, CA 93550
Dear Ms. Taggart:
Second Response to Antelope Valley Commerce Center
The Los Angeles County Sanitation Districts (Districts) received a Notice of Availability (NOA) of a Draft Environmental Impact Report (DEIR) for the subject project on June 20, 2024. Previous comments submitted by the Districts in correspondence dated September 23, 2022 (copy enclosed), still apply to the subject project with the following updated information:
1. Section 2.0 Environmental Setting, Sewer Service, page 2-13 and Section 4.15 Utilities and Service Systems, Sewer Service and Treatment, page 4.15-3: state that “Most of the collected wastewater flows that are conveyed through public sewer mainlines discharge to Los Angeles County Sanitation District (LACSD) trunk mainlines, which ultimately direct flows to the Palmdale Water Reclamation Plant (WRP).” As indicated in the September 23, 2022 response letter, the wastewater generated by the proposed project will be treated at the Lancaster Water Reclamation Plant, not at the Palmdale Water Reclamation Plant.
2. Section 4.15 Utilities and Service Systems, Impact Analysis Subsection, page 4.15-21: states that “Based on the foregoing analysis, the proposed Project would result in less than significant impacts associated with the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telec ommunications facilities, and impacts would be less than significant .” As indicated in the September 23, 2022 response letter, due to the anticipated volume of wastewater to be generated by the proposed project and from other planned developments in the area, the proposed project may have significant impacts on the Districts’ sewerage system. The availability of capacity within the Distrcts’ sewerage system should be verified as the proposed project develops since the proposed buildings' future user(s)/occupant(s) were unknown at the time of the DEIR.
3. For more specific information regarding the annexation procedure and fees, please contact Ms. Shirly Wang at (562) 908-4288, extension 2708.
4. The Districts’ 15–inch diameter Trunk “C” Trunk Sewer conveyed a peak flow of 0.16 million gallons per day (mgd) when last measured in 2021.
5. The Lancaster Water Reclamation Plant currently processes an average flow of 13.0 mgd.
6. All other information concerning Districts’ facilities and sewerage service contained in the document is current.
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Antelope Valley Commerce Center Specific Plan Project
Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
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Comment Letter D
Ms. Megan Taggart 2 July 25, 2024
DOC 7277477.D9914
If you have any questions, please contact the undersigned at (562) 908-4288, extension 2742, or [email protected].
Very truly yours,
Patricia Horsley
Environmental Planner
Facilities Planning Department
PLH:plh
Enclosure
cc: S. Wang
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Antelope Valley Commerce Center Specific Plan Project
Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
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Comment Letter D
DOC 6704922.D 9914
September 23, 2022
Ref. DOC 6684939
Ms. Megan Taggart, Planning Manager
City of Palmdale
Department of Economic and Community Development
38250 Sierra Highway
Palmdale, CA 93550
Dear Ms. Taggart:
NOP Response to Antelope Valley Commerce Center (Specific Plan 22-001) The Los Angeles County Sanitation Districts (Districts) received a Notice of Preparation (NOP) of a Draft Environmental Impact Report for the subject project on September 6, 2022. We offer the following comments regarding sewerage service:
1. The project area is outside the jurisdictional boundaries of the Districts and will require annexation into District No. 14 before sewerage service can be provided to the proposed development. For a copy of the Districts’ Annexation Information and Processing Fee sheets, go to www.lacsd.org, under Services, then Wastewater Program and Permits, and selectAnnexation Program. For more specific information regarding the annexation procedure and fees, please contactMs. Donna Curry at (562)908-4288, extension 2708.
2. Individual developments associated with the proposed project may require a Districts’ permit for Industrial Wastewater Discharge. Project developers should contact the Districts’ Industrial Waste Section at (562) 908-4288, extension 2900, to reach a determination on this matter. If this permit is necessary, project developers will be required to forward copies of final plans and supporting information for the proposed project to the Districts for review and approval before beginning project construction. For additional Industrial Wastewater Discharge Permit informatio n, go to https://www.lacsd.org/services/wastewater- programs-permits/industrial-waste-pretreatment-program/industrial-wastewater-discharge-permits.
3. The wastewater flow originating from the proposed project will discharge to a local sewer line, which is not maintained by the Districts, for conveyance to the Districts’ Trunk “C” Trunk Sewer, located in East Avenue M, west of 30 th Street East. The Districts’ 15-inch diameter trunk sewer has a capacity of 2.2 million gallons per day (mgd) and conveyed a peak flow of 0.7mgd when last measured in 2018.
4. The wastewater generated by the proposed projectwill be treated at the Lancaster Water Reclamation Plant, which has a capacity of 18 mgd and currently processes an average recycled flow of 13.9 mgd.
5. The expected average wastewater flow from the Specific Plan, described in the NOP as up to 8,263,332 square feet of industrial buildings and up to 61,855 square feet of commercial-flex buildings, is 1,672,769 gallons per day. The expected average wastewater flow from Phase 1 of the Specific Plan, which includes 2,384,700 square feet of industrial buildings, is 476,940 gallons per day. For a copy of the District’s average wastewater generation factors, go to www.lacsd.org, under Services, then Wastewater Program and Permits and select Will Serve Program, and click on the Table 1, Loadings for Each Class of Land Uselink.
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Antelope Valley Commerce Center Specific Plan Project
Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
Page F-28
Comment Letter D
Ms. Megan Taggart 2 September 23, 2022
DOC 6704922.D 9914
6. Due to the anticipated volume of wastewater to be generated by the proposed project and from other planned developments in the area, the proposed project may have significant impacts on the Districts’ sewerage system. Although there is no relief sewer scheduled for construction at this time, as additional flows are generated and the Districts’ trunk sewer nears capacity, construction of a relief sewer will be scheduled, depending on the availability of relief project funding. Therefore, the availability of capacity within the Districts’ sewerage system should be verified as the proposed project develops.
7. The Districts are empowered by the California Health and Safety Code to charge a fee to connect facilities (directly or indirectly) to the Districts’ Sewerage System or to increase the strength or quantity of wastewater discharged from connected facilities. This connection fee is used by the Districts for its capital facilities. Payment of a connection fee may be required before this project is permitted to discharge to the Districts’ Sewerage System. For more information and a copy of the Connection Fee Information Sheet, go to www.lacsd.org, under Services, then Wastewater (Sewage) and select Rates & Fees. In determining the impact to the Sewerage System and applicable connection fees, the Districts will determine the user category (e.g. Condominium, Single Family Home, etc.) that best represents the actual or anticipated use of the parcel(s) or facilities on the parcel(s) in the development. For more specific information regarding the connection fee application procedure and fees, thedeveloper should contact the Districts’ Wastewater Fee Public Counter at (562) 908 4288, extension 2727. If an Industrial Wastewater Discharge Permit is required, connection fee charges will be determined by the Industrial Waste Section.
8. In order for the Districts to conform to the requirements of the Federal Clean Air Act (CAA), the capacities of the Districts’ wastewater treatment facilities are based on the regional growth forecast adopted by the Southern California Association of Governments (SCAG). Specific policies included in the development of the SCAG regional growth forecast are incorporated into clean air plans, which are prepared by the South Coast and Antelope Valley Air Quality Management Districts in order to improve air quality in the South Coast and Mojave Desert Air Basins as mandated by the CAA. All expansions of Districts’ facilities must be sized and service phased in a manner that will be consistent with the SCAG regional growth forecast for the counties of Los Angele s, Orange, San Bernardino, Riverside, Ventura, and Imperial. The available capacity of the Districts’ treatment facilities will, therefore, be limited to levels associated with the approved growth identified by SCAG. As such, this letter does not constitute a guarantee of wastewater service, but it is to advise the developer that the Districts intend to provide this service up to the levels that are legally permitted and to inform the developer of the currently existing capacity and any proposed expansionof the Districts’ facilities.
If you have any questions, please contact the undersigned at (562) 908-4288, extension 2743, or [email protected].
Very truly yours,
Mandy Huffman
Environmental Planner
Facilities Planning Department
MNH:mnh
cc: D. Curry
A. Howard
P. Palencia
A. Schmidt
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Antelope Valley Commerce Center Specific Plan Project
Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
Page F-29
RESPONSES TO COMMENT LETTER D:
Los Angeles County Sanitation District (LACSD)
D-1 The commenter acknowledges receipt of the DEIR and makes reference to the previous comments provided by LACSD on September 23, 2022, stating that these comments still apply with the following updated information. The comment is acknowledged; no further response is required.
D-2 The commenter cites text from DEIR Section 2.0, Environmental Setting, and Section 4.15, Utilities and Service Systems , and states that wastewater will be treated at the Lancaster Water Reclamation Plant, not at the Palmdale Water Reclamation Plant. In response to this comment, the following text has been added to FEIR Section 2.0, Environmental Setting, to clarify that wastewater generated by the Project would be treated at the Lancaster Water Reclamation Plant (LWRP).
Most of the collected wastewater flows that are conveyed through public sewer mainlines disc
harge to Los Angeles County Sanitation District (LACSD) trunk mainlines, which ultimately direct flows to the Palmdale Water Reclamation Plant (WRP), which is managed in Los Angeles County Sanitation District No. 20 and can reclaim up to 12 million gallons per day (mgd). Some wastewater is sent to the Lancaster Water Reclamation Plant (LWRP). (City of Palmdale, 2022a, pp. 4.19-3 through 4.19-4) Wastewater generated by the Project would be treated at the LWRP.
Section 4.15, Utilities and Service Systems, pages 4.15-3, 4.15-20, 4.15-21, 4.15-23, 4.15-28 and 4.15- 29 previously correctly indicated that wastewater generated by the Project would be treated at LWRP and as such, no additional changes are necessary to the DEIR per the comment.
D-3 The commenter cites the DEIR’s less-than-significant impact conclusion under Threshold a on page
4.15-21 of Section 4.15, Utilities and Service Systems. The commenter states that due to the volume of wastewater anticipated from the Project and other planned developments, the Project may have significant impacts on the sewerage system and that the available capacity of the system should be verified as the proposed Project develops since future users were unknown at the time of the DEIR.
With respect to the analysis of Threshold a in DEIR subsection 4.15.4, Threshold a, relates to physical impacts to the environment that would result from the construction or relocation of water, wastewater treatment, storm water drainage, electric power, natural gas, or telecommunications facilities, and is not related to wastewater treatment capacity. The commenter instead is referred to the discussion and analysis of Threshold c, which addresses the Project’s potential direct impacts to wastewater treatment capacity, which demonstrates that the Project’s wastewater treatment demands would be less -than- significant on a Project-specific basis. The commenter also is referred to the discussion of Threshold c in DEIR subsection 4.15.5, which addresses the Project’s cumulatively -considerable impacts to wastewater treatment capacity. As noted under the discussion of Threshold c in DEIR subsection
4.15.5:
Antelope Valley Commerce Center Specific Plan Project
Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
Page F-30
“Should the existing LWRP need to be expanded or should a new treatment plant be needed in the future to serve full buildout of the City of Palmdale, these additional wastewater treatment facilities would be evaluated under CEQA on a project-specific basis at the time such physical improvements are proposed by the City’s Utilities Services Division. The need for potential future improvements to treatment plant capacity is too speculative for evaluation in this EIR (CEQA Guidelines § 15145).” (DEIR at po. 4.15-28)
Thus, the DEIR already acknowledges the potential need for new or expanded wastewater treatment capacity as a result of the Project and other cumulative developments, and the DEIR properly concludes that physical impacts to the environment associated with such new or expanded wastewater treatment capacity are too speculative for evaluation in the DEIR. Accordingly, no revision to the DEIR is warranted pursuant to this comment.
D-4 The commenter provides contact information for more information on annexation procedures and fees.
This comment is acknowledged. No further response is required.
D-5 The commenter states that LACSD’s Trunk “C” Trunk Sewer conveyed a peak flow of 0.16 million gallons per day (mgd) when last measured in 2021. In response to this comment, FEIR Section 4.15, Utilities and Service Systems , has been updated as shown below to reflect the current peak flow provided by LACSD.
Pursuant to the LACSD’s DEIR comment letter dated July 25, 2024, Tt he LACSD’ s 15-inch
diameter trunk sewer has a capacity of 2.2 mgd and conveyed a peak flow of 0.7 0.16 mgd when last measured in 2018 2021. (LACSD, 2022)
In addition, pursuant to coordination with the LACSD and the City, the Project’s Sanitary Sewer Analysis (Technical Appendix N) was updated on July 12, 2024, to recommend that the existing 8-inch sewer line be upsized to an 18-inch sewer line. Table 6 in the July 12, 2024 Sanitary Sewer Analysis (Technical Appendix N) shows that an 18-inch main constructed at the same slope of the existing 8- inch main will have a capacity of 2.2578 mgd which more than adequately services Reach A. The existing 18-inch main downstream already meets the demands of the proposed Project. As the DEIR already acknowledges the need for appropriate approvals from LACSD, no revision to the DEIR is warranted pursuant to this comment
D-6 The commenter states that the Lancaster Water Reclamation Plant currently processes an average flow of 13.0 mgd. In response to this comment, FEIR Section 4.15, Utilities and Service Systems, has been updated as shown below to reflect the current average flow processed as provided by LACSD.
Pursuant to the LACSD’s DEIR comment letter dated July 25, 2024, the LWRP and currently
processes an average recycled flow of 13.9 13.0 mgd.
D-7 The commenter states that all other information concerning LACSD’s facilities and sewerage services provided in the DEIR is current. This comment is acknowledged. No further response is required.
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Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
Page F-31
D-8 The commenter concludes the letter and provides contact information should any questions arise. This comment is acknowledged. No further response is required.
D-9 This comment is from LACSD’s NOP comment letter dated September 23, 2022. The commenter states that the Project area is outside of the jurisdictional boundaries of LACSD and would require annexation before sewerage service would be provided to the Project . The comment is outdated and the comment was addressed in the DEIR and in subsequent more recent comments from the LACSD.
Refer to comments and responses D-1 through D-6 above. As the DEIR already acknowledges the need for appropriate approvals from LACSD, no revision to the DEIR is warranted pursuant to this comment.
D-10 This comment is from LACSD’s NOP comment letter dated September 23, 2022. The commenter states th at the proposed Project may require a permit for Industrial Wastewater Discharge. This comment is acknowledged, and the Project’s need to obtain approval from the LACSD for Project- related improvements already is listed in DEIR Table 3-7, Matrix of Project Approvals/Permits. The City acknowledges that the list of approvals may include a permit for Industrial Wastewater Discharge.
As the DEIR already acknowledges the need for appropriate approvals from LACS D, no revision to the DEIR is warranted pursuant to this comment.
D-11 This comment is from LACSD’s NOP comment letter dated September 23, 2022. The commenter states that flow originating from the Project would discharge to a local sewer line not maintained by LACSD. The commenter provides information on the location of LACSD’s nearest trunk sewer. The commenter also provides the trunk sewer capacity in mgd and its peak flow when measured in 2018.
The information provided by this comment generally is consistent with the information presented in DEIR Section 3.0, Project Description, and DEIR Subsection 4.15, Utilities and Service Systems. The commenter is referred also to Response D-5 above, which indicates that the Sanitary Sewer Analysis (Technical Appendix N) was revised to include updated information from LACSD regarding the trunk sewer capacity and peak flow. As this comment is unrelated to the Project’s DEIR or the DEIR’s analysis of potential impacts to wastewater treatment capacity, no revision to the DEIR is warranted pursuant to this comment.
D-12 This comment is from LACSD’s NOP comment letter dated September 23, 2022. The commenter states that wastewater generated by the Project would be treated at the LWRP and provides information on the capacity of the LWRP and its current average recycled flow. The commenter is referred to FEIR Section 2.0, Environmental Setting, and Section 4.15, Utilities and Service Systems , which state that wastewater generated by the Project would be treated at LWRP. Additionally, the commenter is referred to Response C-6 above, which indicates that the DEIR was revised to include updated information from LACSD with respect to the capacity at the LWRP. No further response is necessary.
D-13 This comment is from LACSD’s NOP comment letter dated September 23, 2022. The commenter provides an expected average wastewater flow from the Project and provides a link to the LACSD’s average wastewater generation factors. The commenter is referred to DEIR Section 4.15, Utilities and Service Systems , which provides the Project’s anticipated wastewater flow utilizing the LACSD’s Antelope Valley Commerce Center Specific Plan Project
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Lead Agency: City of Palmdale SCH No. 2022090009
Page F-32
wastewater generation factors obtained from the link provided. As this comment does not identify any errors or deficiencies in the DEIR’s analysis of potential impacts due to wastewater treatment capacity, no revision to the DEIR is warranted pursuant to this comment.
D-14 This comment is from LACSD’s NOP comment letter dated September 23, 2022. The commenter states that due to the anticipated volume of wastewater generated by the Project and from other planned developments, the Project may have significant impacts on the LACSD sewerage system. The commenter adds that as additional flows are generated and the trunk sewer nears capacity, construction of a relief sewer will be scheduled and therefore recommends that the capacity of the sewerage system be verified as the Project develops. The commenter is referred to the response to Comment D-3, which is responsive to this comment and notes the location in the DEIR where the Project’s cumulatively- considerable impacts to wastewater treatment capacity are discussed . As this comment does not identify any deficiencies with the analysis provided, no revision to the DEIR is warranted pursuant to this comment.
D-15 This comment is from LACSD’s NOP comment letter dated September 23, 2022. The comment states that the Districts are empowered by the California Health and Safety Code to charge a fee to connect facilities (directly or indirectly) to the Districts’ Sewerage System or to increase the strength or quantity of wastewater discharged from connected facilities. The comment notes that if an Industrial Wastewater Discharge Permit is required, connection fee charges will be determined by the Industrial Waste Section. The comment is acknowledged. As this comment does not identify any deficiencies with the DEIR’s discussion and analysis of potential impacts associated with wastewater, no revision to the DEIR is warranted pursuant to this comment.
D-16 This comment is from LACSD’s NOP comment letter dated September 23, 2022. The comment states that capacities and expansions to LACSD facilities are based on regional growth forecast adopted by the Southern California Association of Governments (SCAG) and advises the developer that the Districts intend to provide this service up to the levels that are legally permitted and to inform the developer of the currently existing capacity and any proposed expansion of the Districts’ facilities. As described in DEIR subsection 2.4.1, under existing conditions, the Project site is designated by the City of Palmdale General Plan for Employment Flex (EMPFX) land uses. The Employment Flex (EMPFX) land use designation is a transition zone intended to permit mixed development of lighter industrial uses and more intensive service, retail, and commercial uses, with a floor area ratio (FAR) of up to 1.0.
Although the Project proposes to change the site’s General Plan land use designation to “Specific Plan,” the Project includes a total of 8,302,536 s.f. of building area on the 432.9-acre property, resulting in a FAR of 0.44 (8,302,536 s.f. building area ÷ [432.9 acres x 43,560 s.f./acre] = 0.44). Thus, the proposed Project includes substantially less building area than allowed under the site’s existing General Plan land use designation. As the regional growth forecasts published by SCAG are based on the adopted General Plan land use plans, and because the Project would include only 44% of the building area assumed for the site by the regional growth forecasts, it can be concluded that the Project’s land uses are fully accounted for by the regional growth forecasts published by SCAG. As such, and on this basis, the LACSD would be able to provide wastewater treatment services for the proposed Project.
Antelope Valley Commerce Center Specific Plan Project
Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
Page F-33
As this comment does not identify any deficiencies in the analysis presented in the DEIR, no revision to the DEIR is warranted pursuant to this comment.
D-17 The commenter provides contact information should any questions arise. This comment is acknowledged, and any questions regarding this comment letter will be directed to the individual identified by this comment. No further response is necessary.
Antelope Valley Commerce Center Specific Plan Project
Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
Page F-34
Comment Letter e
E-3
E-1
E-2
Antelope Valley Commerce Center Specific Plan Project
Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
Page F-35
Comment Letter e
E-3
(CONT .)
E-4
E-5
Antelope Valley Commerce Center Specific Plan Project
Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
Page F-36
RESPONSES TO COMMENT LETTER E:
County of Los Angeles Fire Department
E-1 The commenter provides a brief summary of the Project and states that the DEIR was reviewed by various departments of the County of Los Angeles Fire Department as discussed below. The comment is acknowledged. Please refer to the individual responses to the comments provided by this letter, below. No further response is required.
E-2 The commenter states that the Planning Division of the Los Angeles Fire Department has no comments and provides contact information for the Planning Division for any questions that may arise. This comment is acknowledged; no further response is necessary.
E-3 The commenter states that the Project must comply with all applicable code and ordinance requirements for construction, access, water mains, fire flows and fire hydrants. The commenter states that specific requirements for the construction phase will be addressed at the plan check review. The commenter provides contact information for the Land Development Unit for any questions that may arise. The commenter is referred to DEIR Section 4.12, Public Services, which acknowledges that the Project would be conditioned by the City to conform to all mandatory local, State, and federal laws, ordinances, and standards relating to fire safety. As this comment does not identify any deficiencies with the discussion and analysis presented in the DEIR, no revision to the DEIR is warranted pursuant to this comment.
E-4 The commenter states the statutory responsibilities of the Forestry Division and provides contact information for the Forestry Division for any questions that may arise. As this comment is unrelated to the discussion and analysis presented in the DEIR, no revision to the DEIR is warranted pursuant to this comment. Any questions regarding this response will be directed to the individual identified by this comment at the contact information provided.
E-5 The commenter states that the Health Hazardous Materials Division notes that the United States Air Force (USAF) Plant 42 property is adjacent to the Project’s boundaries. The commenter disagrees with the DEIR’s conclusion under the analysis of Threshold d, that because the Project site is not listed on any hazardous materials sites , no impact would occur. The commenter states that the Project site is currently subject to illegal dumping activities and opines that the site was likely to be subject to dumping activities 70 years ago. The commenter requests that a soil management plan (SMP) be prepared and implemented prior to soil disturbance and grading activities. The commenter also recommends that soil vapor sampling be conducted at the Project site and tested for volatile organic compounds (VOCs) due to current soil vapor impacts at USAF Plant 42.
As acknowledged by this comment, the Project site is not listed on any list of hazardous materials sites compiled pursuant to Government Code Section 65962.5; thus, the analysis and conclusion reached for Threshold d, in DEIR Subsection 4.8 is correct, and no revision to the discussion or analysis for Threshold d is warranted pursuant to this comment. The commenter is referred instead to the discussion Antelope Valley Commerce Center Specific Plan Project
Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
Page F-37
and analysis of Thresholds a and b in DEIR Subsection 4.8.4, which includes a summary of the results of the Project’s site -specific Phase I Environmental Site Assessment (“ESA ;” DEIR Technical Appendix I). As noted therein, and based on the results of the Project’s Phase I ESA, it was determined that the Project site does not contain any evidence of recognized environmental conditions (RECs), historical recognized environmental conditions (HRECs), or controlled recognized environmental conditions (CRECs). The Phase I ESA does acknowledge two de minimus conditions associated with the Project site, including the illegal dumping of debris and the presence of the USAF Plant 42 release sites. Impacts associated with illegal dumping on -site were determined to be less than significant as all debris would be removed and deposited at an appropriate off-site facility in conformance with all applicable laws and regulations. With respect to the USAF Plant 42 release sites, the Phase I ESA notes that these sites are located approximately 0.75- to one-mile from the Project site. However, based on investigations, it was determined that the Project site was at a sufficient distance from the release sites such that the Project site is not subject to contamination from these off-site release site locations.
Additionally, the analysis notes that the groundwater flow direction is to the north in the general area, placing the Project site in a “cross-gradient” condition. Therefore, and based on the site-specific results of the Project’s Phase I ESA, it was determined that no further investigation is warranted for the Project site regarding these off-site environmental concerns emanating from USAF Plant 42. As such, the DEIR properly concluded that there are no conditions associated with the existing condition of the Project site or surroundings that would create a significant hazard to the public or the environment through the routine transport, use, disposal, or accidental release of hazardous materials. Accordingly, no impact would occur associated with the existing conditions of the Project site. Because impacts would be less than significant, the City finds that imposing a mitigation measure requiring preparation and implementation of a Soil Management Plan (SMP) is not warranted for the Project. Pursuant to Section 15126.4(a)(3) of the CEQA Guidelines, “[m]itigation measures are not required for effects which are not found to be significant.” Thus, no revision to the DEIR is warranted based on these comments.
With respect to the commenter’s assertion that soil vapor sampling should be conducted at the Project site at minimum depths of five and 15 feet below the ground surface to test for the presence of VOCs, the commenter is referred to the Project’s Phase I ESA, Chapter 12.0 (DEIR Technical Appendix I).
As concluded therein, and based on a site-specific analysis, it is the professional opinion of Advanced Environmental Concepts, Inc., that a Vapor Encroachment Condition does not exist at the Project site.
As such, no mitigation addressing VOC contamination in site soils is warranted. No further response is necessary.
Antelope Valley Commerce Center Specific Plan Project
Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
Page F-38
Comment Letter F
“Provide a safe and reliable transportation network that serves all people and respects the environment.”
STATE OF CALIFORNIA------- CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 7
100 S. MAIN STREET, MS 16
LOS ANGELES, CA 90012
PHONE (213) 266-3574
FAX (213) 897-1337
TTY 711
www.dot.ca.gov
Making Conservation
a California Way of Life
August 5, 2024
Megan Taggart
Deputy Director of Economic and Community Development
City of Palmdale Planning Division
38250 Sierra Highway
Palmdale, CA 93550
RE: Antelope Valley Commerce Center
Project – Draft Environmental Impact
Report (DEIR)
SCH# 2022090009
GTS #07-LA-2022-04562
Vic. LA 14 P M R64.664
Dear Megan,
Thank you for including the California Department of Transportation (Caltrans) in the review process for the above referenced project. The Project Applicant, AVCC Master, LLC proposes to entitle and develop the Antelope Valley Commerce Center Specific Plan Project (herein, “Project”) on a 432.9 gross-acre undeveloped site located in the City of Palmdale, Los Angeles County, California. The Project would allow for the phased development of a master-planned commerce center containing industrial, commercial, and open space land uses, as well as roadways. The four phases of development would allow for a maximum of 8,302,536 square feet (s.f.) of building footprint, to be comprised of approximately 8,241,552 s.f. of industrial and 60,984 s.f. of commercial uses. Associated improvements to the Project site would include, but are not limited to, paved roads, paved parking areas, drive aisles, truck courts, utility infrastructure, landscaping, water quality basins, signage, lighting, property walls, gates, and fencing, including perimeter fencing. Six (6) buildings are proposed in the first phase and their development details are described herein. Site- specific detail for subsequent phases of development would be determined in the future, but reasonable assumptions are made herein about the future phases of development to enable a complete and comprehensive analysis of the whole of the Project.
This EIR analyzes the physical environmental effects associated with all components and all phases of the Project, including planning, grading, construction, an d on -going operation. All development on the Project site would be required to substantially conform to the proposed Specific Plan.
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Antelope Valley Commerce Center Specific Plan Project
Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
Page F-39
Comment Letter F
Megan Taggart
August 5, 2024
“Provide a safe and reliable transportation network that serves all people and respects the environment.”
Development of the Antelope Valley Commerce Center is expected to occur in four (4) phases in response to market demands and according to a logical and orderly extension of roadways, public utilities, and infrastructure.
• Phase I includes the northern portion of the central Industrial lot, the northern portion of the western Industrial lot, and the Open Space lot in t he northwest portion of the site;
• Phase II includes the southern portion of the central Industrial lot, and the southern portion of the western Industrial lot;
• Phase III includes the Commercial lot and the Industrial lot west of Public Street A; and,
• Phase IV includes the Industrial lot south of Public Street B.
Access to the Project site would be from existing north -south oriented Columbia Way / East Avenue M with support from the following internal streets that would provide access to the buildings:
• Public Street A. North-south oriented Public Street A located in the western portion of the Project site;
• Public Street B. North-south oriented Public Street B located in the eastern portion of the Project site;
• Public Street C. East-west oriented Public Street C located in the southern portion of the Project site;
• Public Street D. North -south oriented Public Street D located in the southwestern portion of the Project site;
• Private Drive D. East-west oriented Private Drive D located in the northern portion of the Project site; and,
• Private Drive E. A north-south oriented Private Drive E located in the central portion of the Project site.
This EIR includes an analysis of the overall Project as well as a detailed analysis of the proposed development in Phase I, which is proposed to include the construction and operation of six (6) industrial warehouse buildings, a drainage basin positioned in the northeastern portion of the Project site and supporting roadways and utility infrastructure.
After reviewing the DEIR, Caltrans has the following comments:
As stated in the DEIR, the Project will result in a significant impact to Air Quality, Greenhouse Gas Emissions, and Vehicle Miles Traveled.
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F-1
(CONT .)
Antelope Valley Commerce Center Specific Plan Project
Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
Page F-40
Comment Letter F
Megan Taggart
August 5, 2024
“Provide a safe and reliable transportation network that serves all people and respects the environment.”
All significant Project impacts are directly related to vehicular use and activity. With 8,302,536 square feet of new industrial use, 1,624 car parking spaces, 715 trailer parking stalls, and 394 truck-high dock doors, the Antelope Valley Commerce Center Project will induce demand for a consequential number of additional vehicle trips and vehicle miles traveled (VMT). While the Project will certainly result in significant Air Quality, GhG Emission, and VMT impact s, Caltrans does not concur that these impacts are unavoidable. The currently proposed mitigation measures are inadequate to offset the impacts of the project , as it is designed in the same status quo model of development that has proven to be unsustainable long-term.
Caltrans recommends the following:
• Reducing the amount of parking whenever possible. Research looking at the relationship between land -use, parking, and transportation indicates that the amount of car parking supplied can undermine a project’s ability to encourage public transit and active modes of transportation.
• Invest in and prepare the project ’s design for alternative modes of freight movement, such as rail, which is not only more efficient but also more easily converted to carbon neutral energy sources in the future. • Due to the increased volume of truck trips, a substantial contribution should be made to a city fund that will build safer infrastructure for people walking, riding bikes, and taking transit throughout the city. The most effective methods to reduce pedestrian and bicyclist exposure to cars and trucks is through physical design and geometrics. These methods include the construction of physically separated facilities such as Class IV bike lanes, wide sidewalks, pedestrian refuge islands, landscaping, street furniture, and reduct ions in crossing distances through roadway narrowing.
• Additional studies should be conducted to develop additional mitigation measures that include robust walking, biking, and transit infrastructure to further reduce the Project’s VMT impact below the threshold of significance.
Following construction, a study should be conducted to confirm that the proposed mitigation measures are sufficiently offsetting the Project generated VMT . If not, new and/or additional mitigation measures need to be implemented.
Under Table 5-4, footnote #3 states that, “Although 95th percentile queue is anticipated to exceed the available storage for the turn lane, the adjacent through lane has sufficient storage to accommodate any spillover without spilling back and affecting the SR-14 Freeway mainline.” A speed deferential between adjacent lanes, as well as sudden lane changes, can lead to significant safety issues. The intention of the adjacent through F-8
F-2
(CONT .)
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F-4
F-6
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F-5
Antelope Valley Commerce Center Specific Plan Project
Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
Page F-41
Comment Letter F
Megan Taggart
August 5, 2024
“Provide a safe and reliable transportation network that serves all people and respects the environment.”
lane is to accommodate through traffic, not to accommodate “spillover.” The Office of Traffic Safety would like to see clarification of this statement as it does not appear to adequately mitigate this issue. Caltrans requests confirmation that this safety issue will not occur at the following locations:
• State Route 14 at E Ave N.
• State Route 14 at E Ave M.
• State Route 14 at E Ave L.
• State Route 14 at E Ave K.
Additionally, an encroachment permit will be required for any project work proposed near Caltrans Right of Way and all environmental concerns must be adequately addressed. Please note that any modifications to the State facilities will be subject to additional review by the Office of Permits prior to issuance of the permit.
Finally, c onstruction of the proposed project w ould involve deliveries of materials, components, and supplies to the various sites, and will involve oversized trucks. As a result, prior to issuance of building or grading permits for the project site, the applicant shall prepare a Construction Traffic M anagement Plan (CTMP) for review and approval by City staff to reduce any impacts to less than significant levels. The CTMP needs to specify the duration of construction period and provide construction analysis on significant impacts due to increase in construction truck traffic on highways not designated as truck routes. It should also specify any work that would affect the freeways and its facilities, and that Caltrans has the jur isdiction for review and approval. Transportation of heavy construction equipment and/or materials, which requires the use of oversized -transport vehicles on State highways, will require a transportation permit from Caltrans.
If you have any questions, please contact project coordinator Anthony Higgins, at [email protected] and refer to GTS #07-LA-2022-04562.
Sincerely,
Anthony Higgins
Acting LDR Branch Chief
Cc: State Clearinghouse
F-8
(CONT .)
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Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
Page F-42
RESPONSES TO COMMENT LETTER F:
California Department of Transportation (Caltrans)
F-1 In this introductory comment, the commenter provides an overview of the proposed Project. The comment is acknowledged. This comment accurately describes the proposed Project as evaluated by the DEIR. No further response is required.
F-2 The commenter provides the total car parking spaces, trailer parking stalls and truck-high dock doors of the buildings combined and states that the Project will induce demand for a number of additional vehicle trips and vehicle miles traveled (VMT). The commenter does not concur with the DEIR’s conclusion that significant impacts to air quality, greenhouse gas emissions, and VMT are unavoidable.
The commenter opines that the proposed mitigation measures are inadequate to offset the impacts of the Project. This comment is acknowledged, although this comment does not provide any specific mitigation measures that would serve to further reduce the Project’s impacts. The commenter is referred to the responses to Comments F -3 through F -6, which provide a discussion of the specific mitigation measures recommended by this commenter. No further response is necessary.
F-3 The commenter recommends reducing available parking where possible, stating that the amount of parking supplied for a project can discourage the use of public transit and active modes of transportation. The Project is required to comply with all applicable provisions of the Antelope Valley Commerce Center (AVCC) Specific Plan which created its own parking standards. By limiting the number of spaces on site, the Project likely would result in secondary impacts to the surrounding area, as it is reasonable to assume that future employees unable to park on site merely would park in on- street locations in the surrounding area, potentially increasing the amount of VMT associated with the Project as employees would need to drive around in the surrounding area to find parking. As it cannot be demonstrated that this suggested mitigation measure would actually serve to reduce the Project’s level of VMT and associated imp acts to the environment (e.g., air quality, GHG emissions, etc.), no revision to the DEIR is warranted pursuant to this comment.
F-4 The commenter recommends that the Project Applicant invest in and prepare the Project’s design for alternative modes of freight movement, such as rail, and opines that this would be more efficient and more easily converted to carbon neutral energy sources. The commenter is referred to the discussion and analysis presented in DEIR Section 4.7, Greenhouse Gas Emissions , which imposes Mitigation Measures AIR MM-1 through AIR MM-7 as well as Project design features GHG DF-1 through GHG DF-3 to reduce the Project’s GHG emissions to the maximum feasible extent. As this comment does not identify any specific deficiencies in the analysis presented in DEIR Section 4.7, no revision to the DEIR is warranted pursuant to this comment.
F-5 The commenter recommends that a contribution be made to a city fund that will build safer infrastructure for those walking, riding bikes, and taking transit. The commenter states that the physical design and geometrics such as constructing Class IV bike lanes, wide sidewalks, pedestrian refuge islands, landscaping, street furniture and roadway narrowing reduce pedestrian and bicyclist exposure Antelope Valley Commerce Center Specific Plan Project
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to vehicles. The Project has been designed to route all Project-related traffic along East Avenue M to access State Route 14 and the Sierra Highway to the west. Both East Avenue M and Sierra Highway are designated as truck routes by the City of Palmdale. Therefore, be cause all Project -related truck traffic would be routed through portions of the City planned for non-residential uses to access regional transportation corridors, the Project would not result in any adverse impacts to alternative transportation routes, such as walking or bicycling. Pursuant to Section 15126.4(a)(3) of the CEQA Guidelines, “[m]itigation measures are not required for effects which are not found to be significant.” Thus, because the Project would not result in any impacts to non-vehicular forms of transportation in the local area, no mitigation measures are required related to funding of non-vehicular transportation improvements. No revision to the DEIR is warranted pursuant to this comment.
F-6 The commenter recommends that additional studies be conducted to develop additional mitigation measures that include walking, biking, and transit infrastructure to reduce the Project’s VMT impact to below the threshold significance. The commenter is referred to the response to Comment F-5, which explains that the Project site is not located in an area planned for residential uses, and all roadways that would serve Project -related trucks consist of existing dedicated City of Palmdale truck routes. As disclosed in DEIR Section 3.0, in addition to the travel lanes, the Project provides for improvements to Columbia Way / East Avenue Way include a 20-foot-wide curb-adjacent parkway, and within the 20-foot-wide parkway – an 8-foot-wide sidewalk for pedestrian access and a 12-foot-wide Class 1 for bike access . Moreover, even if the Project were required to construct additional infrastructure to promote additional walking, bicycling, or transit, it cannot be assured that such measures would measurably serve to reduce the Project’s impacts due to VMT, as there is no guarantee that future Project employees would make use of such additional alternative forms of transportation. Furthermore, the commenter’s suggestion to conduct “additional studies” and “to develop additional mitigation measures” is vague and unenforceable. Accordingly, no revision to the DEIR is warranted pursuant to this comment.
F-7 The commenter recommends that a study be conducted upon construction completion to determine whether the mitigation measures are offsetting the Project -generated VMT, and states that if they are not, additional mitigation measures should be implemented. The commenter is referred to the discussion of Threshold b, in DEIR subsection 4.13.8, which explains that the Project’s impacts due to VMT would be significant and unavoidable because the effectiveness of Mitigation Measure TRN MM-1 cannot be assured. A s the DEIR did not identify any reductions in VMT as a result of implementation of Mitigation Measure TRN MM-1, imposing a requirement to prepare a future study demonstrating the effectiveness of Mitigation Measure TRN MM -1 is unwarranted. Accordingly, no revision to the DEIR is warranted pursuant to this comment.
F-8 The commenter cites footnote 3 from Table 5-4 of the Project’s Traffic Analysis (Technical Appendix L1) which states, “[a]lthough 95th percentile queue is anticipated to exceed the available storage for the turn lane, the adjacent through lane has sufficient storage to accommodate any spillover without spilling back and affecting the SR-14 Freeway mainline.” The commenter states that the intention of the through lane is to accommodate traffic, not to accommodate spillover. The commenter identifies Antelope Valley Commerce Center Specific Plan Project
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potential concerns related to the speed differential between adjacent lanes and sudden lane changes, and requests clarification of this statement. The commenter specifically requests confirmation that the safety issue would not occur at the following: State Route 14 (SR-14) at East Avenue N; SR-14 at East Avenue M; SR-14 at East Avenue L; and SR-14 at East Avenue K. As part of the City’s review of the Project’s application materials, the City ensured that the Project’s Plans accommodate sufficient stacking space on-site so that there would not be any stacking on Columbia Way / East Avenue M; therefore, implementation of the Project would not result in any Project -related trucks that would spillover onto SR-14. In addition as stated in DEIR Section 4.13, Transportation, page 4.13-22 and
4.13-23, all proposed improvements within the public right-of-way would be installed in conformance with City design standards and project construction activities that would occur in the public right-of- way and are required to adhere to the applicable construction control practices that are specified in the State of California Department of Transportation Construction Manual and the California Manual on Uniform Traffic Control Devices , to minimize potential safety hazards. Furthermore, the Project’s potential environmental effects are evaluated and disclosed throughout the Project’s DEIR, and this comment does not identify any deficiencies with the information presented in the Project’s DEIR.
Based on the foregoing discussion and analysis, no revision to the DEIR is warranted pursuant to this comment.
F-9 The commenter states that an encroachment permit is required for any project work proposed near the Caltrans right-of-way and that any modifications to State facilities are subject to additional review by the Office of Permits. This comment is acknowledged, and the City acknowledges that the Project Applicant would be required to obtain appropriate encroachment permits for any future proposed modifications to State facilities. No further response is necessary.
F-10 The commenter states that prior to issuance of building or grading permits, the applicant must prepare a Construction Traffic Management Plan (CTMP) for approval by City staff to reduce impacts to less than significant levels. The commenter states that the CTMP must specify duration of the construction period and provide construction analysis on significant impacts due to an increase in construction truck traffic on highways not designated as truck routes. The commenter states that the CTMP must also specify any work that would affect the freeways and its facilities and state s that Caltrans has the jurisdiction for review and approval. The commenter also states that the use of oversized -transport vehicles on State highways requires a transportation permit from Caltrans. Lastly, the commenter provides contact information for any questions that may arise. The commenter is referred to DEIR Mitigation Measure TRN MM -1, which requires the Project Applicant to prepare and implement a City-approved Construction Management Plan (CMP), which would specify measures to be undertaken to ensure that the Project’s construction phase does not adversely affect circulation. As the requested measure already was included in the DEIR, no revision to the DEIR is warranted pursuant to this comment. Any questions regarding this comment letter will be directed to Anthony Higgins at the contact information provided. No further response is necessary.
Antelope Valley Commerce Center Specific Plan Project
Final Environmental Impact Report 22-001
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Comment Letter G
State of California – Natural Resources Agency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director South Coast Region
3883 Ruffin Road
San Diego, CA 92123
(858) 467-4201
wildlife.ca.gov
August 5, 2024
Megan Taggart
City of Palmdale
38250 Sierra Highway
Palmdale, CA 93550
[email protected]
Subject: Antelope Valley Commerce Center, Draft Environmental Impact Report, SCH #2022090009, Los Angeles County, CA
Dear Megan Taggart:
The California Department of Fish and Wildlife (CDFW) has reviewed the Draft Environmental Impact Report (EIR) from the City of Palmdale (City; Lead Agency) for Antelope Valley Commerce Center (Project). Thank you for the opportunity to provide comments and recommendations regarding those activities involved in the Project that may affect California fish and wildlife. Likewise, we appreciate the opportunity to provide comments regarding those aspects of the Project that CDFW, by law, may be required to carry out or approve through the exercise of its own regulatory authority under the Fish and Game Code.
CDFW’s Role
CDFW is California’s Trustee Agency for fish and wildlife resources and holds those resources in trust by statute for all the people of the State [Fish & G. Code, §§ 711.7, subdivision (a) & 1802; Pub. Resources Code, § 21070; California Environmental Quality Act (CEQA) Guidelines, § 15386, subdivision (a)]. CDFW, in its trustee capacity, has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species (Id., § 1802). Similarly, for purposes of CEQA, CDFW is charged by law to provide, as available, biological expertise during public agency environmental review efforts, focusing specifically on projects and related activities that have the potential to adversely affect State fish and wildlife resources.
CDFW is also submitting comments as a Responsible Agency under CEQA (Pub.
Resources Code, § 21069; CEQA Guidelines, § 15381). CDFW expects that it may need to exercise regulatory authority as provided by the Fish and Game Code, including lake and streambed alteration regulatory authority (Fish & G. Code, § 1600 et seq.).
Likewise, to the extent implementation of the Project as proposed may result in “take”, as defined by State law, of any species protected under the California Endangered Docusign Envelope ID: 1F452149-AF41-4747-9701-DA6D3C8E0ADA G-2
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Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
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Comment Letter G
Megan Taggart
City of Palmdale
August 5, 2024
Species Act (CESA) (Fish & G. Code, § 2050 et seq.), or CESA-listed rare plant pursuant to the Native Plant Protection Act (NPPA; Fish & G. Code, § 1900 et seq.), CDFW recommends the Project proponent obtain appropriate authorization under the Fish and Game Code.
PROJECT DESCRIPTION SUMMARY
Proponent: AVCC Master, LLC
Objective: The Project proposes discretionary approval of a General Plan Amendment, Zone Change, Antelope Valley Commerce Center Specific Plan, Tentative Parcel Map 83738, Site Plan Review 22-008, and Development Agreement 22-001. The General Plan Amendment would change the land use designation from Employment Flex to Specific Plan. The zone change would change the zoning classification from Office Flex to Specific Plan. The Antelope Valley Commerce Center Specific Plan would outline the standards and guidance for the phased development of a commerce center containing industrial, commercial, and open space with supporting infrastructure. Based on the Specific Plan, approximately 378.4 acres would be allocated for industrial uses, 7.0 acres for commercial land uses, 29.3 acres for open space along the western boundary and in the northeastern corner, and 18.2 acres for roadways. Development of the Project would occur in four phases, and associated improvements for the Project would include, but are not limited to, paved roads, paved parking areas, drive aisles, truck courts, utility infrastructure, landscaping, a detention basin, signage, lighting, property walls, gates, and fencing. The Tentative Parcel Map 83738 is proposed to subdivide the 432.9-acre Project area into 19 parcels and lettered lots to facilitate future development in Phases II-IV. The Site Plan Review 22-008 pertains to the construction of six proposed buildings and supporting infrastructure proposed for Phase I. The Development Agreement 22-001 would outline the terms and agreements between the City and the Project proponent regarding implementation of the Project.
For Phase I, development would consist of the construction and operation of six industrial warehouse buildings, a drainage basin in the northeastern portion of the Project area, along with roadways and utility infrastructure. The area for each building would range from 132,695 square feet to 1,004,228 square feet with a 28-foot-wide fire lane around the perimeter. In addition to a fire lane, each building would have a designated number of docking doors for trucks, parking stalls, and access points (i.e., driveways) for ingress/egress. A storm drain system is also proposed to capture on-site stormwater that would ultimately flow to the proposed aboveground drainage basin. The drainage basin would be located in the northeast corner of the Project area. Grading for Phase I is expected to require approximately 1,223,000 cubic yards of cut and 1,169,000 cubic yards of fill. Landscaping for Phase I would consist of a variety of trees, shrubs, groundcover, and desert accent plants throughout the Project area (i.e., site perimeter, parking areas, around buildings).
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Antelope Valley Commerce Center Specific Plan Project
Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
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Comment Letter G
Megan Taggart
City of Palmdale
August 5, 2024
Site-specific details for the future development of Phases II, III, and IV are currently unknown, but reasonable assumptions are made about the future phases of development. Phase II is anticipated to be built out with parcel hub warehousing use, manufacturing use, and generation warehousing use. Phase III is anticipated to be built out with cold storage warehouse use, non-sort warehousing use, and commercial uses (i.e., fast-food restaurants, coffee shop, and retail use). Phase IV is anticipated to be built out with cold storage warehouse use and non-sort warehousing use. Industrial warehouses are assumed to be operational 24 hours per day, seven days a week.
Commercial uses are also assumed to be operational 24 hours per day, seven days a week, but may vary depending on future tenants.
Project Alternatives: The Project proposes four alternatives: No Development Alternative, No Project (Existing General Designation) Alternative, Reduced Project Alternative – Phase I, Reduced Project Alternative – Phase I & II. The No Development Alternative considers no development on the Project area beyond what occurs on the site under existing conditions. The No Project (Existing General Plan Designation) Alternative assumes development of the Project area in accordance with the current land uses designation and zoning classification. The Reduced Project Alternative – Phase I proposes the development of Phase I and no development under Phases II – IV. Lastly, the Reduced Project Alternative – Phase I & II considers the development of Phase I and Phase II with no development under Phases III and IV.
Project Timeline: Buildout of the Project is anticipated to occur in four phases.
According to the EIR, construction of Phase I was anticipated to commence in June 2024 and end in August 2025. Phase II is anticipated to commence in June 2026 and end in August 2027. Phase III is anticipated to commence June 2028 and end in August 2029. Phase IV is anticipated to commence in October 2030 and end in December 2031.
Location: The Project area is comprised of approximately 432.9 acres located on the southeast corner of Sierra Highway and Columbia Way in the City. The area is bounded by Columbia Way to the north, 15
th Street East to the east, Sierra Highway and Union
Pacific Railroad tracks to the west, and Avenue M-12 to the south. Assessor’s Parcel Numbers associated with the Project include 3126-022-926, -927, -928, and -929. The United State Air Force Plant 42 and Palmdale Regional Airport lies southeast of the Project area.
Biological Setting: Various biological surveys were conducted on the Project area from March through July 2022, with survey findings compiled in a Biological Resources Technical Report (BRTR). In addition to a general biological survey, focused surveys were conducted for special-status plants, western Joshua tree (Yucca brevifolia; CESA candidate threatened), desert tortoise (Gopherus agassizii; Endangered Species Act (ESA) and CESA listed-threatened), Swainson’s hawk (Buteo swainsoni; CESA-listed threatened), burrowing owl (Athene cunicularia; California Species of Special Concern (SSC)), and Mohave ground squirrel (Xerospermophilus mohavensis; CESA-listed Docusign Envelope ID: 1F452149-AF41-4747-9701-DA6D3C8E0ADA G-3
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Comment Letter G
Megan Taggart
City of Palmdale
August 5, 2024
threatened). While the Project area is generally flat and undeveloped, certain portions of the Project area exhibits evidence of dirt access roads, illegal squatting, off-road vehicle disturbance, trash piles, and historical mechanical disturbance.
According to Table 4. Vegetation Types and Other Areas in the BRTR, the Project area supports a variety of vegetation types, which includes but is not limited to 297.84 acres of western Joshua tree woodland, 11.91 acres of creosote bush (Larrea tridentata) scrub, 2.41 acres of rubber rabbitbrush (Ericameria nauseosa) scrub, 19.01 acres of Nevada ephedra-cheesebush-Cooper’s box thorn (Lycium cooperi (provisional) Alliance) with western Joshua tree woodland, 69.80 acres of rubber rabbitbrush-Nevada ephedra (Ericameria nauseosa Alliance) scrub with western Joshua tree woodland, and
8.74 acres of bare ground. Based on Appendix J. Impact Phasing Letter Report, Phase I is anticipated to permanently impact 128.51 acres of native vegetation, including 75.28 acres of western Joshua tree woodland and 31.43 acres of rubber rabbitbrush-Nevada ephedra with western Joshua tree woodland. Phase II-IV is anticipated to permanently impact approximately 175.14 acres of native vegetation, including 129.22 acres of western Joshua tree woodland and 36.75 acres of rubber rabbitbrush-Nevada ephedra scrub with western Joshua tree woodland. According to Appendix D. Joshua Tree Survey Report, a total of 8,196 western Joshua trees were observed with 7,184 trees within the Project area and 1,012 western Joshua trees located off-site with a surveyed 186-foot buffer. In addition to western Joshua trees, an individual crowned muilla (Muilla coronata; California Rare Plant Rank 4.2) was documented during special-status plant surveys. Moreover, 12 individuals of silver cholla (Cylindropuntia echinocarpa) and nine cactus individuals protected by the California Desert Native Plants Act (CDNPA) were identified within the Project area.
Additionally, a jurisdictional delineation was conducted which identified an unnamed sandy wash in the northwest corner of the Project area. Approximately 0.498 acres of the water feature is subject to California Fish and Game Code. Findings from the burrowing owl surveys indicate that six potential burrowing owl burrows were identified on site. No individual burrowing owl was observed, however, an individual short-eared owl (Asio flammeus; SSC) was observed during the non-breeding season. No Swainson’s hawk was observed in the Project area during focused surveys. No Mohave ground squirrel or desert tortoise were observed during their respective focused surveys.
Overall, more than 32 wildlife species were observed within the Project area. Bat species that may occur within the Project area includes the canyon bat (Parastrellus hesperus), western mastiff bat (Eumops perotis californicus; SSC), Townsend’s big- eared bat (Corynorhinus townsendii; SSC), and pallid bat (Antrozous pallidus; SSC).
The Project area may also provide habitat to support the northern California legless lizard (Anniella pulchra; SSC) and Crotch’s bumble bee (Bombus crotchii; CESA candidate). Additionally, Loggerhead shrike (Lanius ludovicianus; SSC) and LeConte’s thrasher (Toxostoma lecontei; SSC) were observed in the Project area during surveys.
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Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
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Comment Letter G
Megan Taggart
City of Palmdale
August 5, 2024
Desert kit fox (Vulpes macrotis arsipus), which is protected by the Fur-bearing Mammal Act, was also observed on site during surveys.
Species-specific mitigation measures are included in the EIR to avoid, minimize, and/or mitigate adverse Project impacts on western Joshua trees, nesting birds and raptors, plants protected by CDNPA, burrowing owl, and desert kit fox. Of particular note is that, in the Project as proposed, open space land use would be designated for the proposed drainage basin and western Joshua tree conservation. Additionally, mitigation measures detailing best management practices, night lighting, and landscaping are also included in the EIR.
Project History: A Notice of Preparation (NOP) comment letter was submitted to the City on September 27, 2022.
COMMENTS AND RECOMMENDATIONS
CDFW offers the comments and recommendations below to assist the City in adequately avoiding and/or mitigating the Project’s impacts on fish and wildlife (biological) resources. Additional comments or other suggestions may also be included to improve the document. CDFW recommends the measures or revisions below be included in a science-based monitoring program that contains adaptive management strategies as part of the Project’s CEQA mitigation, monitoring and reporting program (Pub. Resources Code, § 21081.6; CEQA Guidelines, § 15097).
Comment #1: Cumulative Impact
Issue: The EIR does not analyze the impact of future and current developments in addition to impacts of the Project, which may lead to significant cumulative impacts to biological resources.
Specific impacts: The EIR does not sufficiently analyze cumulative impacts on biological resources as it relates to loss of undeveloped land within the City. Project activities such as vegetation clearing and grading of the Project area would contribute to the loss of nesting and foraging habitat for burrowing owl, Loggerhead shrike, LeConte’s thrasher, desert kit fox, and additional flora and fauna.
Why impact would occur: The Cumulative Impact Analysis section of the EIR notes that, “…b ecause implementation of the Project would impact a limited amount of habitat relative to the amount of habitat available for these species in the region, impacts would be less than cumulatively considerable” (page 4.3-37). Contrary to this statement, there has been a rapid increase of development (i.e., industrial, commercial, and residential) within the City and throughout Antelope Valley, which has led to ongoing loss of suitable habitat. Additionally, the analysis does not provide scientific evidence that demonstrates that habitat within the region is sufficient to offset the loss of roughly 304.17 acres of suitable nesting and foraging habitat.
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Antelope Valley Commerce Center Specific Plan Project
Final Environmental Impact Report 22-001
Lead Agency: City of Palmdale SCH No. 2022090009
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Comment Letter G
Megan Taggart
City of Palmdale
August 5, 2024
Moreover, the cumulative impact analysis does not discuss or list current and future projects that are occurring or would occur in close proximity to the Project area that would result in a cumulative impact on biological resources and wildlife. CDFW has reviewed and/or provided comments within the last two years for the following Projects located west and east of the Project area: Palmdale Logistics Park (SCH # 2022080668), Palmdale Logistics Center (SCH #2023090551), Palmdale Warehouse (SCH #2022010581), and Site Plan Review 24-003, General Plan Amendment 24-001, and Zone Change 24-001 (pre-consultation). All of the projects in addition to the proposed Project would develop a total of approximately 656.57 acres of currently vacant land all along Columbia Way. Despite vacant parcels near the Project area, development of the Project area would further fragment the limited habitat available to support wildlife.
Evidence impact would be significant: CDFW believes that cumulative impacts of the Project on biological resources could be cumulatively considerable (CEQA Guidelines §15065(a)(3)). “Cumulatively considerable” means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects (Pub. Resources Code, § 21083(b)).
Cumulative impacts can also result from individually minor but collectively significant projects inclusive of prior, concurrent, and future projects [CEQA Guidelines, §§ 15065(a)(3), 15355]. Given the anticipated buildout of the Project site and adjacent areas, potential exists for cumulative impacts to open space (CEQA Guidelines, §15064(d)).
Recommended Potentially Feasible Mitigation Measure(s):
Recommendation #1: Cumulative Impact Analysis Revision – CDFW recommends the City re-evaluate the cumulative impacts of the Project and amend the cumulative impact analysis in the EIR to include a discussion regarding additional developments along Columbia Way and in the general vicinity. General and specific plans, as well as past, present, and anticipated future projects, should be analyzed relative to their impacts on similar plant and wildlife species, habitat, and vegetation communities. If the City continues to remain certain in their position that the Project would not have a cumulative impact, the EIR should indicate why the cumulative impact is not significant supported by facts and analyses [CEQA Guidelines, § 15130(a)(2)].
Comment #2: Local Wildlife Movement
Issue: The Project may impact local wildlife movement.
Specific impacts: Project buildout would narrow the open space available along the eastern boundary of the Project area, which may impede local wildlife movement.
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Final Environmental Impact Report 22-001
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Comment Letter G
Megan Taggart
City of Palmdale
August 5, 2024
Why impacts would occur: More than 32 wildlife species were observed utilizing the Project area for foraging, perching, and possible movement opportunities. Wildlife observed during the surveys varied from multiple reptile species and small mammals (i.e., California ground squirrel, Merriam’s kangaroo rat) to medium sized mammals (i.e., bobcat, desert kit fox). Based on aerial imagery, it appears that the Project area allows for wildlife to move from vacant land northeast of the Project area to vacant land southwest of the Project area. Additionally, the EIR states that “…wildlife is somewhat unconstrained on the immediate eastern border of the Study Area in the area between the Project site and fencing associated with the in inactive Palmdale Regional Airport perimeter fence…” (page 4.3 -6). Upon buildout of the proposed Project, wildlife movement through the Project area would be significantly constrained, and wildlife would be forced to move along the narrowed eastern boundary of the Project area. No wildlife movement study was conducted by the Project proponent to demonstrate that wildlife movement would not be impacted by the Project. In addition to the physical constraints to wildlife movement, operational activities occurring 24 hours a day, seven days a week may also deter wildlife such as bobcats or desert kit foxes from utilizing the eastern boundary for wildlife movement. Without sufficient analyses and a wildlife movement study to provide factual data, the proposed Project may continue to impact local wildlife movement.
Evidence impacts would be significant: Without a wildlife movement study, CDFW cannot ascertain whether this potential impact to biological resources is less than significant under CEQA. Technical detail such as data, maps, diagrams, and similar relevant information should be provided to permit full assessment of significant environmental impacts by reviewing agencies and members of the public (CEQA Guidelines, §15147). In the case of this Project, CDFW believes a wildlife movement study falls within the category of “technical detail”.
Recommended Potentially Feasible Mitigation Measure(s):
Recommendation #2: Wildlife Movement Revision – CDFW recommends the environmental document be revised to include a wildlife movement study, which includes modeling based on data. Impacts that should be included in the discussion and analysis of wildlife movement include (but are not limited to) habitat loss and fragmentation, narrowing of the wildlife corridor within the Project area, and the introduction of barriers to wildlife movement. CDFW recommends such an analysis be supported by studies to document wildlife activity and movement through Project area with emphasis on where development is proposed. If avoidance of the corridor encroachment is not feasible, the EIR should provide measures to mitigate the Project’s significant impacts to local wildlife movement.
Comment #3: Impacts to Crotch’s Bumble Bee
Issue: The Project may adversely impact Crotch’s bumble bee.
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Comment Letter G
Megan Taggart
City of Palmdale
August 5, 2024
Specific impacts: The Project may result in temporal or permanent loss of suitable nesting and foraging habitat of Crotch’s bumble bee. Project ground disturbing activities may cause death or injury of adults, eggs, and larva; burrow collapse; nest abandonment; and reduced nest success.
Why impacts would occur: According to California’s Natural Diversity Database (CNDDB), there have been historical observations of Crotch’s bumble bee throughout the Antelope Valley (CDFW 2024a). In addition to regional observations, the Project area lies within the home range for Crotch’s bumble bee (CDFW 2024b). Crotch’s bumble bee may fly throughout the City and utilize areas that have suitable nesting habitat and floral resources. Crotch’s bumble bee primarily nest in late February through late October underground in abandoned small mammal burrows. With small mammal burrows present on site, it is probable that they may provide suitable habitat for Crotch’s bumble bee. They may also nest under perennial bunch grasses or thatched annual grasses, under brush piles, in old bird nests, and in dead trees or hollow logs (Williams et al. 2014; Hatfield et al. 2018). Overwintering sites utilized by Crotch’s bumble bee mated queens include soft, disturbed soil (Goulson 2010), or under leaf litter or other debris (Williams et al. 2014). The EIR and BRTR does not provide a discussion on the potential presence of Crotch’s bumble bee and does not provide any species-specific measures to reduce impacts to a level less than significant if present during Project activities. Ground disturbance and vegetation removal associated with Project implementation during the breeding season could result in the incidental loss of breeding success or otherwise lead to nest abandonment in areas adjacent to the Project site. Potential habitat loss, as a result of the proposed Project, may also reduce foraging habitat for this species in the broader landscape, as development increases throughout the City.
Evidence impacts would be significant: The California Fish and Game Commission accepted a petition to list the Crotch’s bumble bee as endangered under CESA, determining the listing “may be warranted” and advancing the species to the candidacy stage of the CESA listing process. The Project may substantially reduce and adversely modify habitat as well as reduce and potentially impair the viability of populations of Crotch’s bumble bee. The Project may also reduce the number and range of the species without considering the likelihood that special status species on adjacent and nearby natural lands may rely upon the habitat that occurs on the proposed Project site.
In addition, Crotch’s bumble bee has a State Ranking of S1/S2. This means that the Crotch’s bumble bee is considered critically imperiled or imperiled and is extremely rare (often 5 or fewer populations). Crotch’s bumble bee is also listed as an invertebrate of conservation priority under the California Terrestrial and Vernal Pool Invertebrates of Conservation Priority (CDFW 2017). Accordingly, Crotch’s bumble bee meets the CEQA definition of rare, threatened, or endangered species (CEQA Guidelines, § 15380).
Therefore, take of Crotch’s bumble bee could require a mandatory finding of significance by the District (CEQA Guidelines, § 1565).
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Comment Letter G
Megan Taggart
City of Palmdale