1. CALL MEETING TO ORDER
Note: All City Council memberships are reflected in their City Council titles.
2. ROLL CALL
MAYOR LOA, MAYOR PRO TEM BETTENCOURT, COUNCILMEMBERS BISHOP,
OHLSEN, ALARC
Ó
N
3. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
4. PRESENTATIONS
4.1 Recognition of Palmdale High School Varsity Football Team for winning the CIF Southern Section Division 12 title and Highland High School Varsity Football Team for winning the CIF Southern Section Division 9 title.
4.2 Public Works Department Update.
PW Presentation to Council 2025 Qtr 1.pptx
PUBLIC COMMENT RULES
“(California Government Code Section 54954.3).
(a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body’s consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not
CITY COUNCIL
SUCCESSOR AGENCY
CITY COUNCIL CHAMBER
38300 SIERRA HIGHWAY
SUITE B
PALMDALE, CA 93550
TUESDAY, MARCH
4, 2025
5:00 PM
www.cityofpalmdaleca.gov
WELCOME
City Council
Tuesday, March
4, 2025
appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2 [section omitted].
(b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of the subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.
(2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non- English speakers receive the same opportunity to directly address the legislative body of a local agency.”
In furtherance of Section 54954.3 of the Brown Act, the public is allotted to speak a total of two (2) minutes on the entirety of the Consent Calendar, Appointment(s), New Business and Closed Session, with two (2) minutes on each Public Hearing, and, if desired, an additional two (2) minutes on items not on the agenda that are within the subject matter jurisdiction of the City Council. As specified in the Brown Act, a speaker utilizing a translator will receive twice the amount of time specified.
5. PUBLIC COMMENTS
CONSENT CALENDAR, APPOINTMENT(S), NEW BUSINESS, AND CLOSED SESSION: Now is the time for public participation on items listed on the Consent Calendar, Appointment(s), New Business, and Closed Session. Each speaker is allotted two (2) minutes in total for the entirety of the above sections.
6. CONSENT CALENDAR
All matters listed under the Consent Calendar will be enacted by one motion unless an item(s) is pulled by Council, in which case the item(s) will be removed from the Consent Calendar and will be considered separately following this portion of the Agenda.
6.1 Waive full reading of the Resolution(s) and/or Ordinance(s) to be considered and voted on at this meeting. (This allows for reading the title only in lieu of reciting the entire text).
6.2 Receive and file the Monthly Investment Activity Reports for January 2025.
SR Monthly Investment Reports Jan 2025.docx
Rpt. Monthly Investment Reports Jan 2025.pdf
6.3 Approve Second Amendment to Agreement with KJI Plumbing, Inc. for plumbing services increasing the agreement by $181,584, for a total not to exceed amount of $276,584 for a five-year term through June 30, 2026.
SR Agrmt No. A-7551 Second Amendment with KJI Plumbing, Inc.docx City Council
Tuesday, March
4, 2025
Agrmt No. A-7551 Second Amendment with KJI Plumbing, Inc.pdf
Agrmt No. A-7551 First Amendment with KJI Plumbing, Inc.pdf
Agrmt No. A-7551 with KJI Plumbing, Inc.pdf
6.4 Approve the First Amendment to the agreement with MNS Engineers, Inc. for PN 869, Arterial Road Rehabilitation Project, increasing the agreement by $270,831 for a total not to exceed amount of $1,095,746 with an extension of 65 working days for a total of 175 working days.
SR Agrmt No. A-8786 First Amendment with MNS Engineers, Inc.docx
Agrmt No. A-8786
First Amendment with MNS Engineers, Inc.pdf
Agrmt No. A-8786 with MNS Engineers, Inc.pdf
6.5 Adopt Resolution No. CC 2025-032, A Resolution of the City Council of the City of Palmdale for the submittal, acceptance, and execution of related documents for the purpose of obtaining federal financial assistance under Public Law 93-288 as amended by Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or State financial assistance under the California Disaster Assistance Act.
SR Reso. No. CC 2025-032.docx
Reso. No. CC 2025-032 Cal OES Grant Application.docx
6.6 Approve the minutes from the previous meeting.
Mins 02 18 2025.pdf
7. PUBLIC HEARING
7.1 Adopt Ordinance No. 1652 approving Zone Change
23-0003 and Adopt
Resolution No. CC 2025-011 approving General Plan Amendment 23-0003, Tentative Parcel Map 84001, Conditional Use Permit 22-006, and Site Plan Review 22-007 and adopting the Mitigated Negative Declaration (SCH NO. 2024100683) and Mitigation Monitoring and Reporting Program (MMRP) prepared for the project.
SR Ord. No. 1652 and Reso. No. CC 2025-011.docx
Ord. No. 1652.docx
Reso. No. CC 2025-011.docx
Exh F Reso. No. CC 2025-011 MND.pdf
Exh F Reso. No. CC 2025-011 MMRP.pdf
8. CITY MANAGER’S REPORT
9. NON-AGENDA PUBLIC COMMENTS
:
Now is the time for public participation on items not listed on the agenda. Each speaker is allotted two (2) minutes total.
City Council
Tuesday, March
4, 2025
10. COUNCIL REPORTS, ANNOUNCEMENTS AND REQUESTS FOR FUTURE AGENDA ITEMS
11. ADJOURN
meeting to March 18, 2025, at 5:00 p.m. in the City Hall Council Chamber located at 38300 Sierra Highway, Suite B, Palmdale, California.
Americans with Disabilities Act (ADA) Accommodations
In accordance with the Americans with Disabilities Act of 1990, if you require a disability- related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (661) 267-5151 at least 48 hours prior to the meeting.
If you require oral translation, please contact the City Clerk’s Office at (661) 267-5151 at least 48 hours prior to the meeting.
City Council
Tuesday, March
4, 2025
Public Works
Capital Improvement Program • Engineering • Innovation & Environmental Maintenance • Traffic
ENGINEERING &
TRAFFIC DIVISION
• Project entitlements
• Civil plans/final maps
• Traffic studies
• Traffic-related improvements
• Traffic control plans
• Construction permits
• Inspections
Engineering & Traffic
Engineering Division
2024 Statistics
Permit
Applications
Plan Review Engineering
Study Reviews
Permits Issued
754 920 180 480
INNOVATION &
ENVIRONMENTAL
DIVISION
Innovation & Environmental
• Solid waste and recycling
• Illegal dumping
• Sustainability and clean energy programs
• EPIC (Energy for Palmdale’s Independent Choice)
• Digital Equity and broadband infrastructure
• Public outreach and community engagement
4 2024 Accomplishments
Palmdale is one of 22
California communities to
earn the Clean California
Community Designation.
4 2024 Accomplishments (cont’d)
4 Upcoming Projects & Programs
• Power Choice
• Power Choice Battery
• Power Choice+
• Power Choice Homebuilders
• McAdam Park EV Charging Stations
• Avenue S Park & Ride (east)
• Digital Art Contest
• Device Distribution
CAPITAL IMPROVEMENT
PROGRAM DIVISION
Capital Improvement Program
Develop
Implement
Manage
Project Phases Preliminary
Concept
Design
Development Utility Coordination
Right-of-Way
Acquisition
Coordination
Construction
Management
Project
Close-Out
Construction
Contract
Administration
Construction
Contract Bid and
Award
• General
• Parks & Recreation
• Street Improvements
• Traffic Signals
• Storm Water Protection
• Sanitation Sewer Collection
• Watershed Resources
2024 Five-Year CIP
2024 Completed Projects
• Chimbole Cultural Center façade-stucco and roof repairs • Avenue R / 10th St. West Pavement Rehabilitation
• Rancho Vista Blvd / Armfield Ave traffic signal
• Avenue R / 45th St. East traffic signal
• Oasis Park Recreation Center generator
Current Projects
Projects
40th Street East & Avenue S-8 Roundabout
Avenue R Active Transportation Project
North County ITS Phase IV Project
Citywide Street Resurfacing Project
Yellen Park Renovation Project, Phase 2
Traffic Signal Modification Project
Citywide Pavement Cape Seal Project
SR14 On/Off Ramp & Palmdale Blvd Widening Project
Street Improvement
2024 Statistics
Improvements Quantity
Roadway Paving 26 (lane miles)
Bike Lane/Route 6.2 (lane miles)
Sidewalks 92,000 (square feet)
ADA Curb Ramps 78
ADA Ped Push Buttons 16
Streetlights 125
Landscaping 49,000 (square feet)
High Visibility Crosswalks 60
Traffic Signals 16
Roundabouts 7
Upcoming Construction Projects
Projects
Avenue R-8 Street Improvement Project
Citywide Pavement Cape Seal Project
Palmdale Blvd Pavement Rehabilitation Project
McAdam Park Renovation Project
Courson Park Renovation Project
Domenic Massari Park Ballfield Lighting
Projects in Design & Planning Phase
Projects
EOC Tenant Improvement Project
HSIP Signal Modification and Pedestrian Improv. Project 45th Street Sewer & Storm Drain Improvement Project
SAVES Tenant Improvement Project
Chimbole-Library-Finance Building Renovation Project
Avenue R Regional Drainage Improvement
Avenue T Street Improvement Project
Rancho Vista Blvd Grade Separation Project
Contact Information
Lee Torres, P .E.
Director of Public Works
661/267-5300
City Council Staff Report
DATE: MARCH 4, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: OPERATIONS DEPARTMENT
FINANCE DIVISION
DISTRICT: ALL
SUBJECT: RECEIVE AND FILE THE MONTHLY INVESTMENT ACTIVITY REPORTS FOR JANUARY 2025
RECOMMENDATION
Staff recommends that the City Council receive and file the monthly investment activity reports for the City of Palmdale and Successor Agency for January 2025.
BACKGROUND
Pursuant to Section 16 of the City and Successor Agency Investment Policy, the City Treasurer shall prepare and present monthly and quarterly reports on investments to the City Manager/Executive Director and the City Council/Directors. The reports shall detail the type of investment, issuer’s name, purchase date, maturity date, amount of deposit, and interest rate. This information shall be provided for all City and Successor Agency pooled investments and for Certificates of Participation, Revenue Bonds, Ta x Allocation Bonds, Assessment Districts, and Community Facilities District accounts managed by outside Fiscal Agents.
The monthly investment reports provide a synopsis of the City and Successor Agency's investment activity. They provide information on assets, allocations, average maturities, yields, and book valuations. The interest rates presented are the most current rates available as of the date of this report.
The market values presented for pooled City and Successor Agency investments are based on closing prices for the related investment as of the date of this report. This information was obtained from the Wall Street Journal, Bloomberg Financial Markets, Capital Market Finances, or other reliable sources of market prices.
Report to Mayor and City Council
Re: Monthly Investment Reports
March 4, 2025
DISCUSSION
Compliance with Investment Policy
For January, the City’s invested portfolio totaled $325,684,282, an increase of $12,193,877 from the previous month and an increase of $2,916,124 compared to the prior year. The monthly increase resulted from the difference in maturities and new purchases and earned interest during this period.
The par value of Successor Agency’s portfolio as of January was $12,185,329. The balance increased by $5,208,764 from the prior month due to funds received from Los Angeles County for Recognized Obligation Payment Schedule (ROPS) during the month.
All investments meet criteria appropriate to Section 8 of the Investment Policy. The portfolios are based on a combination of various investments, including CDs, Corporate Notes, US Treasury Securities, and Government Agency Paper, each adhering to portfolio percentage limitations.
The Finance Division is the custodian for the City and Successor Agency’s investment portfolio and follows the three main principles of both entities’ investment policies: 1) Investment in financial instruments that mitigate the risk of monetary losses stemming from market fluctuations; 2) Establish and maintain a portfolio that has sufficient liquidity to allow the City and Successor Agency to meet all anticipated cash requirements; and, 3) Seek out investment instruments that provide a competitive market rate of return.
Liquidity
One core approach the Finance Division focuses on is providing liquidity to meet the City and Successor Agency’s operational requirements. Thus, the City invests in two pooled funds, Local Agency Investment Fund (LAIF) and the California Asset Management Program (CAMP). These are intended for daily operational activities and can be used during economic uncertainties for ongoing operating and maintenance needs. The pooled funds provide a higher liquidity ratio to ensure the City and Successor Agency meet cash flow requirements.
The City's LAIF balance at the end of January was $115,008,322, an increase of $13,152,324 from the prior month due to earned interest and the transfer of funds from general cash to LAIF in the current month.
The Successor Agency’s LAIF balance at the end of January was $3,857,312, an increase of $44,297 from the prior month, due to earned interest.
Report to Mayor and City Council
Re: Monthly Investment Reports
March 4, 2025
The City’s CAMP balance at the end of January was $51,989,186 compared to $51,788,998 in December. The increase is due to gained interest during the month.
The interest rates presented are the most current rates available as of the date of this report. As of January 31, 2025, the interest rates for LAIF and CAMP investments were at 4.366 percent and 4.55 percent, respectively. By comparison, the LAIF and CAMP interest rates at the end of December were 4.434 percent and 4.73 percent. This time last year, LAIF and CAMP rates were at 4.012 percent and 5.54, respectively.
The chart above shows the LAIF and CAMP average monthly yields from April 2024 through January 2025. The difference between the two funds’ performance is primarily due to their varying pool characteristics. CAMP’s portfolio composition is more prone to market volatility, resulting in performance variations.
Diversity
The Finance Division aims to diversify the investment portfolios to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions.
The City and Successor Agency’s investment portfolios remain strongly diversified. The monthly reports include all investments held by both entities and current book values as of January 31, 2025.
The City and Successor Agency are expected to have sufficient funds to meet its expenditure requirements for the next six months. The Finance Division will continue to monitor current economic conditions and the impact on interest rates.
4.27% 4.33% 4.48% 4.52% 4.58% 4.58% 4.52% 4.48% 4.43% 4.37%
5.44% 5.43% 5.43% 5.43% 5.41% 5.29%
5.03% 4.87% 4.73% 4.55%
0.00%
1.00%
2.00%
3.00%
4.00%
5.00%
6.00%
Apr May Q4 Jun July Aug Q1 Sep Oct Nov Q2 Dec Jan
Pooled Investments Monthly Yields
LAIF CAMP
Report to Mayor and City Council
Re: Monthly Investment Reports
March 4, 2025
Attached are summaries of the investments in the City and Successor Agency’s books as of January 31, 2025.
FISCAL IMPACT
$0; There is no fiscal impact associated with the recommended actions for this report.
STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.
B. Manage resources, costs, and liabilities to ensure the City’s long-term fiscal health.
C. Involve and expand engagement to enhance public oversight and transparency.
Prepared by: Janelle Samson, Director of Operations
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENTS
Rpt. Monthly Investment Reports Jan 2025
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
JANUARY 31, 2025
PURCHASE MATURIT Y ACCOUNT/ INTEREST PAR PURCHASE INVESTED
DATE DATE FUND INSTITUTION RATE AMOUNT AMOUNT AMOUNT
U.S. TREASURY SECURITIES Yield
03-19-21 12-31-25 CIT Y 9128285T3 U.S. Treasury Note 2.63 3,000,000.00 3,260,634.36 2,902,140.00 05-11-21 02-28-26 CIT Y 9128286F2 U.S. Treasury Note 0.66 3,000,000.00 3,261,331.50 2,888,310.00 07-12-21 12-31-25 CIT Y 9128285T3 U.S. Treasury Note 2.63 5,000,000.00 5,451,958.35 4,836,900.00 03-08-23 03-31-26 CIT Y 9128286L9 U.S. Treasury Note 2.25 3,200,000.00 3,029,330.80 3,064,000.00 01-03-24 12-31-26 CIT Y 912828YX2 U.S. Treasury Note 0. 04 5,000,000.00 4,696,880.23 4,666,600.00 01-03-24 06-30-27 CIT Y 91282CEW7 U.S. Treasury Note 0. 04 5,000,000.00 4,897,630.28 4,825,200.00 01-03-24 09-30-27 CIT Y 91282CFM8 U.S. Treasury Note 0. 04 2,500,000.00 2,523,771.66 2,472,450.00 01-08-24 02-15-26 CIT Y 91282CGL9 U.S. Treasury Note 0. 04 5,000,000.00 4,987,205.23 4,932,250.00 01-08-24 06-15-26 CIT Y 91282CHH7 U.S. Treasury Note 0. 04 5,000,000.00 5,001,760.94 4,942,800.00 12-18-24 09-30-29 CIT Y 91282CFL0 U.S. Treasury Note 0. 39 5,000,000.00 4,977,094.45 4,977,094.45 12-18-24 10-31-29 CIT Y 91282CFT3 U.S. Treasury Note 0. 40 5,000,000.00 4,988,321.47 4,988,321.47 12-18-24 11-30-29 CIT Y 91282CFY2 U.S. Treasury Note 0. 39 5,000,000.00 4,942,086.29 4,942,086.29 01-02-25 12-31-29 CIT Y 91282CGB1 U.S. Treasury Note 0. 39 3,000,000.00 2,949,835.02 2,949,192.75 TOTAL U.S. TREASURY SECURITIES 54,700,000.00$ 54,967,840.58 $ 53,387,344.96 $
GOVERNMENT AGENCY PAPER
06-10-20 06-16-25 CIT Y 3133ELK37 Federal Farm Credit 0.78 5,000,000.00 5,000,000.00 4,781,500.00 04-01-21 04-01-25 CIT Y 3133EMUP5 Federal Farm Credit 0.71 5,000,000.00 5,000,000.00 4,826,404.05 05-11-21 09-04-25 CIT Y 3133EJYM5 Federal Farm Credit 0.59 1,000,000.00 1,103,275.25 976,880.00 05-11-21 09-04-25 CIT Y 3133EJYM5 Federal Farm Credit 0.57 2,000,000.00 2,208,460.00 1,953,760.00 06-04-21 11-07-25 CIT Y 3135G06G3 Fannie Mae 0.55 3,000,000.00 2,993,675.25 2,826,750.00 06-30-21 12-30-25 CIT Y 3130AMRQ7 Federal Home Loan Note 0.88 3,000,000.00 3,000,000.00 2,821,947.30 07-29-21 04-29-26 CIT Y 3130AN5C0 Federal Home Loan Note 1.05 4,000,000.00 4,010,455.13 3,734,320.00 12-17-21 11-12-25 CIT Y 3134GXBM5 Federal Home Loan Note 1.15 1,150,000.00 1,125,785.50 1,082,265.00 12-17-21 06-23-25 CIT Y 3133ENHW3 Federal Farm Credit 1.17 10,000,000.00 10,000,000.00 9,595,310.20 12-20-21 07-30-25 CIT Y 3136G4ZP1 Fannie Mae 0.65 3,500,000.00 3,444,175.00 3,339,331.94 12-20-21 09-24-25 CIT Y 3134GWUG9 Freddie Mac 0.57 10,000,000.00 9,806,600.00 9,459,892.40 12-21-21 12-22-26 CIT Y 3133ENJC5 Federal Farm Credit 1.29 5,000,000.00 5,000,000.00 4,589,481.35 06-29-22 08-12-25 CIT Y 3133EL3P7 Federal Farm Credit 3.34 1,810,000.00 1,660,349.20 1,722,111.58 06-29-22 03-28-25 CIT Y 3130A5DH9 Federal Home Loan Note 3.34 1,950,000.00 1,937,715.00 1,920,301.71 06-24-22 02-26-27 CIT Y 3130AL5A8 Federal Home Loan Note 3.33 5,000,000.00 4,479,000.00 4,533,218.00 08-17-22 10-27-26 CIT Y 3134GW4C7 Freddie Mac 0.80 5,000,000.00 4,539,500.00 4,562,202.10 01-06-23 02-25-27 CIT Y 3130AQRH8 Federal Home Loan Note 4.38 5,000,000.00 4,590,638.89 4,670,265.65 01-06-23 04-19-27 CIT Y 3130ARHJ3 Federal Home Loan Note 4.38 5,000,000.00 4,801,354.86 4,801,570.80 05-18-23 05-18-27 CIT Y 3133EPKC8 Federal Farm Credit 5.39 5,000,000.00 5,000,000.00 4,991,602.80 06-05-23 05-30-28 CIT Y 3133EPLE3 Federal Farm Credit 4.67 2,815,000.00 2,822,746.50 2,790,565.80 05-03-24 05-01-28 CIT Y 3133ERCX7 Federal Farm Credit 5.17 5,000,000.00 5,000,000.00 5,000,777.50 12-03-24 12-04-29 CIT Y 3130B3XP3 Federal Home Loan 4. 50 1,000,000.00 1,000,000.00 1,000,000.00 12-04-24 12-02-27 CIT Y 3133ERE23 Federal Farm Credit 4.32 1,000,000.00 1,000,000.00 1,000,000.00 01-27-25 07-27-27 CIT Y 3130B4RC7 Federal Home Loan Bank 4.50 3,000,000.00 3,000,000.00 3,000,000.00 01-28-25 07-21-27 CIT Y 3130B4QA27 Federal Home Loan Bank 4.55 3,000,000.00 3,000,000.00 3,000,000.00 TOTAL GOVERNMENT AGENCY PAPER 97,225,000.00$ 95,523,730.58 $ 92,980,458.18 $
CITY OF PALMDALE INVESTMENTS
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
JANUARY 31, 2025
PURCHASE MATURIT Y ACCOUNT/ INTEREST PAR PURCHASE INVESTED
DATE DATE FUND INSTITUTION RATE AMOUNT AMOUNT AMOUNT
CERTIFICATES OF DEPOSIT
01-04-24 06-15-26 CIT Y 05580A4Y7 BMW Bank of NA NA 4.03 240,000.00 243,434.40 238,848.00 01-04-24 11-30-27 CITY 46656MVH1 JPMo rgan Chase Bank DE US RT 4.76 240,000.00 242,022.91 240,415.20 01-04-24 12-28-28 CITY 09582YAV4 Blue Ridge Bank NA VA US RT 4.09 240,000.00 240,948.00 234,677.60 06-11-24 06-12-28 CITY 59541KCV7 Mid-Miss ouri Bank 5.15 245,000.00 245,034.57 243,510.50 06-11-24 06-11-26 CITY 38150VUZ0 Goldman Sachs Bank 5.05 245,000.00 245,033.90 245,615.57 06-13-24 06-13-29 CITY 89235MPP0 Toyota Financial SGS 4.65 245,000.00 245,000.00 246,281.17 06-14-24 06-15-26 CITY 34520LBC6 Forbright Bank 5.05 245,000.00 245,000.00 245,699.42 06-14-24 06-14-28 CITY 307811KA6 Farmers & Merchs Bank 5.00 245,000.00 245,000.00 242,169.22 06-14-24 06-14-29 CITY 69503PAB7 Pacific Valley Bank 5.20 245,000.00 245,000.00 243,313.18 06-17-24 06-17-26 CITY 8562855V9 State Bank of India 5.10 245,000.00 245,000.00 245,875.30 06-18-24 06-18-29 CITY 229083AA8 Evangeline Bank & Trust 5.30 245,000.00 245,000.00 245,000.16 06-20-24 06-22-26 CITY 06051XER9 Bank of America NA 5.05 245,000.00 245,000.00 245,737.44 06-21-24 06-22-26 CITY 35634MAE1 Freedom Bank/Maywood NJ 5.05 245,000.00 245,000.00 245,737.72 06-25-24 06-25-29 CITY 09776DAG9 BOM Bank 5.35 245,000.00 245,000.00 245,000.11 TOTAL CERTIFICATES OF DEPOSIT 3,415,000.00$ 3,421,473.78 $ 3,407,880.59 $ 05-17-23 03-01-26 CIT Y 30231GAT9 Exxon Mobile Corporation 3.04 1,000,000.00 982,084.11 967,125.82 05-17-23 03-02-26 CIT Y 194162AQ6 Colgate-Palmolive CO GlobalL 4.80 1,000,000.00 1,035,553.33 997,703.43 05-17-23 01-26-26 CIT Y 742718FY0 Procter & Gamble CO/The Global 4.10 1,000,000.00 1,018,471.67 987,387.46 01-04-24 07-27-26 CIT Y 61761J3R8 Morgan Stanley 4.70 500,000.00 481,185.25 478,020.00 01-04-24 06-15-26 CIT Y 46625HRS1 JPMorgan Chase & CO 4.52 500,000.00 484,840.25 481,325.00 01-04-24 03-02-28 CIT Y 718172CE7 Philip Morris Intl Inc 4.49 500,000.00 474,395.25 466,815.00 01-04-24 04-01-27 CIT Y 808513BW4 Charles Schaw Corp 4.68 500,000.00 479,390.25 477,190.00 01-09-24 06-02-26 CIT Y 11271LAA0 Brookfield Fin Inc 5.13 500,000.00 490,115.25 489,610.00 01-09-24 11-28-28 CIT Y 05565QDH8 BP Capital Markets PLC 4.48 500,000.00 483,460.25 475,490.00 01-09-24 01-28-26 CIT Y 06406RAQ0 Bank OF NY Mellon Corp 4.52 500,000.00 463,355.25 466,490.00 01-09-24 07-09-27 CIT Y 22550L2K6 Crdit Suisse New York 4.92 500,000.00 500,910.25 495,950.00 01-09-24 08-15-28 CIT Y 797440CE2 San Diego G & E 4.49 500,000.00 509,340.25 497,940.00 01-09-24 07-01-27 CIT Y 75973QAA5 Reneissance Financial 5.01 500,000.00 475,470.25 473,980.00 01-09-24 01-27-26 CIT Y 780082AD5 Royal Bank of Canada 4.97 500,000.00 496,930.25 492,915.00 08-27-24 02-01-29 CIT Y 06406RBN6 Bank of NY Mellon Corp 4.20 656,000.00 663,116.29$ 663,116.29 $ TOTAL CORPORATE BONDS $9,156,000 $9,038,618 8,911,058.00 $
STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND
09-01-84 n/a CIT Y 98-19-620 0.78 61,352,264.25 61,352,264.25 61,352,264.25 6-23-2008 n/a PC A 40-19-060 0.78 0.00 0.00 0.00
9-19-2024 n/a PF A 40-19-078 36,500,000.00 36, 500,000.00 38,918,234.07 9-28-2021 n/a ARPA 19-19-004 0.78 14,737,823.36 14,737,823.36 14,737,823.36 TOTAL LAIF ACCOUNTS 112,590,087.61$ 112,590,087.61 $ 115,008,321.68 $
CAMP- CALIFORNIA ASSET MANAGEMENT PROGRAM
6080-01 n/a CIT Y 6080-01 0.30 51,989,186.34 51,989,186.34 51,989,186.34 TOTAL CAMP ACCOUNTS 51,989,186.34$ 51,989,186.34 $ 51,989,186.34 $
UBS FINANCIAL SERVICES
n/a n/a CIT Y 0.00 32.21 32.21 32.21
TOTAL UBS FINANCIAL SERVICES ACCOUNTS 32.21$ 32.21 $ 32.21 $ TOTAL CITY INVESTMENTS 329,075,306.16$ 327,530,969.25 $ 325,684,281.96 $
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
JANUARY 31, 2025
PURCHASE MATURIT Y ACCOUNT/ INTEREST PAR PURCHASE INVESTED
DATE DATE FUND INSTITUTION RATE AMOUNT AMOUNT AMOUNT
STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND
11-20-84 n/a LIBRAR Y 16-19-012 0.78 13,626.52
TOTAL LIBRARY INVESTMENTS 13,626.52$
SIERRA GATEWAY COMMUNITY FACILITIES DISTRICT 91-1
Fiscal Agent: U.S. Bank National Association (fka First Trust) 05-10-95 n/a BOND 95421220 0.35 118.66
05-10-95 n/a IMPROVEMENT 95421222 0.10 172,448.77
TOTAL SIERRA GATEWAY COMMUNITY FACILITIES DISTRICT 91-1 172,567.43$
BOND PROCEEDS
RITTER RANCH COMMUNITY FACILITIES DISTRICT 93-1
Fiscal Agent: U.S. Bank National Association (fka First Trust) 04-06-95 n/a RESERVE-SEN 95420880 n/a 13.68
04-06-95 n/a IMPV-ACQUI 95420884 0.01 2,870,417.22
04-06-95 n/a BOND 95420887 0.15 0.15
TOTAL RITTER RANCH COMMUNITY FACILITIES DISTRICT 93-1 2,870,431.05$
BOND PROCEEDS
ANAVERDE COMMUNITY FACILITIES DISTRICT 2003-1
Fiscal Agent: U.S. Bank National Association (fka First Trust) 08-01-19 n/a SP TAX - B BOND 242969000 0.00 101,452.35
08-01-19 n/a RESERVE 242969003 0.00 1,447,069.31
08-01-19 n/a SP TAX - REFNDING BOND 242969004 0.01 15,151.31 TOTAL ANAVERDE COMMUNITY FACILITIES DISTRICT 2003-1 1,563,672.97$
BOND PROCEEDS
2005 $7.2M COMMUNITY FACILITIES DISTRICT 05-1 (TRADE AND COMMERCE CENTER) REFUNDED 2021 Fiscal Agent: U.S. Bank National Association (fka First Trust) n/a SPEC TRB SER A/B 251009000 0.01 463,712.35
n/a RESERVE FUND 251009001 0.01 650,844.32
TOTAL 2005 $7.2M COMMUNITY FACILITIES DISTRICT 05-1 (TRADE AND COMMERCE CENTER) REFUNDED 2021 1,114,556.67$
LIBRARY INVESTMENTS
FISCAL AGENT CASH
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
JANUARY 31, 2025
PURCHASE MATURIT Y ACCOUNT/ INTEREST PAR PURCHASE INVESTED
DATE DATE FUND INSTITUTION RATE AMOUNT AMOUNT AMOUNT
BOND PROCEEDS
2006-1 Godde Hill Estate Sewer Improvements LOIB
Fiscal Agent: U.S. Bank National Association (fka First Trust) 11-08-06 n/a REDEMPTION FUND 106844000 0.01 115,848.85
11-08-06 n/a
ADM EXP 106844002 0.01 1,774.52
11-08-06 n/a RESERVE FUND 106844003 0.01 92,731.37
TOTAL 2006-1 Godde Hill Estate Sewer Improvements LOIB 210,354.74$ 2013 HA PALMDALE TRANSIT VILLAGE HOMES LLC ESCROW
Fiscal Agent: U.S. Bank National Association (fka First Trust) 10-11-13 n/a ESCROW FUND 206455000 0.00 2,979,500.00
TOTAL 2013 HA TRANSIT VILLAGE HOMES ESCROW 2,979,512.65$ 2015 HA DEBT SERVICE RESERVE
Fiscal Agent: Bank of America
11-19-15 n/a DEBT SVC RESERVE 1257964992 0.08 40,577.23 TOTAL 2015 HA DEBT SERVICE RESERVE 40,577.23$
PARS RESTRICTED CASH FOR PENSION STABILIZATION TRUST FUND 05-23-18 n/a CIT Y 104790895775 Public Agency Retirement Servic e 2.60 10,055,525.10 TOTAL PARS PENSION TRUST FUND 10,055,525.10$
BOND PROCEEDS
2015 HA $4.3M MULTIFAMILY HOUSING REVENUE BONDS
Fiscal Agent: U.S. Bank National Association (fka First Trust) 09-03-15 n/a BOND FUND 277067000 0.00 134,362.81
09-03-15 n/a INTEREST ACCT 277067001 0.01 5.87
09-03-15 n/a BOND RESERVE 277067003 0.00 281,017.34
09-03-15 n/a REPAIR & R EPLACE FUND 277067004 0.00 1,325,886.65 TOTAL 2015 HA $4.3M MULTIFAMILY HOUSING REVENUE BONDS 1,741,272.67$
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
JANUARY 31, 2025
PURCHASE MATURIT Y ACCOUNT/ INTEREST PAR PURCHASE INVESTED
DATE DATE FUND INSTITUTION RATE AMOUNT AMOUNT AMOUNT
BOND PROCEEDS
2017 PFA $17.4M LEASE REVENUE BONDS
Fiscal Agent: U.S. Bank National Association (fka First Trust) 04-05-17 n/a REVENUE FUND 271128000 0.00 0.98
04-05-17 n/a REVENUE REFUNDING BOND 271128001 n/a 0.03
$42,830 n/a REVENUE REFUNDING BOND 271128002 0.10
TOTAL 2017 PFA $17.4M LEASE REVENUE BONDS 1.11$
BOND PROCEEDS
2023 A&B SERIES ACQUISITION & CONSTRUCTION REVENUE BOND Fiscal Agent: U.S. Bank National Association (fka First Trust) 248041000 7.49
11-30-23 n/a INTEREST 248041001 560,549.64
11-30-23 n/a REVENUE FUND 248041004 13.54
11-30-23 n/a INTEREST 248041007 0.38
11-30-23 n/a REVENUE FUND 248041008 4,800,201.42
TOTAL 2023 A&B SERIES B ACQUISITION & CONSTRUCTION REV BOND 5,360,772.47$ GRAND TOTAL - FISCAL AGENT CASH 26,109,244.09$
Cash on Hand 8,084,504$
Pooled Cash Investments
City: 318,492,549$
Insur Fund: 7,191,733$ 325,684,282$ Library Investments 13,627$
Subtotal 333,782,413$
City/AD/CFD/PCA/PFA/HA
Fiscal Agent Cash 26,109,244$
Grand total 359,891,657$
The interest rate quoted on LAIF, AIM, and Fiscal Agent/T rustee accounts is the most current rate available.
LAIF & AIM interest rates are as of January 31, 2025.
SUMMARY OF CASH AND INVESTMENTS
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
JANUARY 31, 2025
CITY OF PALMDALE
POOLED CASH - LOCAL AGENCY INVESTMENT FUND (LAIF), CALIFORNIA ASSET MANAGEMENT PROGRAM (CAMP), & UBS FINANCIAL SERVICES January 31, 2025
TRANSACTION INTEREST
DATE DEPOSIT WITHDRAWAL RECEIVED BALANCE
LAIF - CITY ACCOUNT 98-19-620
Beginning Balance 60,741,881.10$
01-15-25 610,383.15$
Subtotal - $ - $ 610,383.15 $ 61,352,264.25 $ LAIF - PFA ACCOUNT 40-19-078
Beginning Balance 26,545,708.74$
01-15-25 372,525.33$
01-24-25 12,000,000.00$
Subtotal 12,000,000.00$ - $ 372,525.33 $ 38,918,234.07 $ LAIF - LIBRARY ACCOUNT 16-19-012
Beginning Balance 13,469.86$
01-15-25 156.66$
Subtotal - $ - $ 156.66 $ 13,626.52 $ LAIF - ARPA ACCOUNT 19-19-004
Beginning Balance 14,568,407.79$
01-15-24 169,415.57$
Subtotal - $ - $ 169,415.57 $ 14,737,823.36 $ CAMP
Beginning Balance 51,788,998.05$
01-31-25 200,188.29$
Subtotal - $ - $ 200,188.29 $ 51,989,186.34 $ UBS Financial Services
Beginning Balance 3,268,803.81$
01-31-25 41,827.44$
01-02-25 (2,949,192.75) $
01-06-25 (55,218.79) $
01/31/25 (306,187.50) $
Subtotal - $ (3,310,599.04) $ 41,827.44 $ 32.21 $ Total 12,000,000.00$ (3,585,924.64) $ 1,669,822.04 $ 167,011,166.75 $
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
JANUARY 31, 2025
TN = US Treasury C= C a l l
FP = Federal Paper M = Maturit y
CD = Certificate of Deposit CB = Corporate Bond
FACE
PURCHASE MATURITY VALUE INTERES T NET INVESTED GAIN/
ISSUER DATE DATE REDEEMED RECEIVED FUNDS AMOUNT (LOSS)
-
3130AQEA7 Federal Home Loan Note 01-14-22 01-14-25 FP = Federal Paper 7,000,000.00 36,750.00 $ 7,036,750.00 $ 6,839,056.49 160,943.51 7,000,000.00$ 36,750.00 $ 7,036,750.00 $ 6,839,056.49 $ 160,943.51 Total Number of Transactions: 1
CITY OF PALMDALE
POOLED CASH - INVESTMENTS MATURED OR CALLED
January 31, 2025
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
JANUARY 31, 2025
TN = US Treasur y
FP = Federal Paper
CD = Certificate of Deposit
CN = Corporate Notes
ACCRUED
PURCHASE MATURIT Y FACE PREMIUM / PURCHASE INTEREST NET Yield
ISSUER DATE DATE VALUE (DISCOUNT) PRICE PURCHASED PURCHASE 91282CGB1 U.S. Treasury Note 01-02-25 TN 12-31-29 3,000,000.00 $ (50,807.25) 2,949,192.75 $ 642.27 $ 2,949,835.02$ 4.26% 3130B4RC7 Federal Home Loan Bank 01-27-25 FP 07-27-27 3,000,000.00 $ - 3,000,000.00$ - $ 3,000,000.00$ 4.50% 3130B4QA27 Federal Home Loan Bank 01-28-25 FP 07-21-27 3,000,000.00 $ - 3,000,000.00$ - $ 3,000,000.00$ 4.55% 9,000,000.00$ (50,807.25) $ 8,949,192.75 $ 642.27 $ 8,949,835.02$ Total Number of Transactions: 3
POOLED CASH - INVESTMENTS PURCHASED
January 31, 2025
SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
January 31, 2025
POOLED CASH - STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND (LAIF)
PURCHASE MATURIT Y ACCOUNT/ INTEREST INVESTED
DATE DATE FUND INSTITUTION RATE AMOUNT TOTAL
LAIF - SA ACCOUNT 65-19-035
09-01-84 n/a SA Account 65-19-035 0.78 3,857,311.77
3,857,311.77$
FISCAL AGENT CASH
BOND PROCEEDS
CRA - 2002 Sub Lien Tax Allocation Bonds $5.3M ($5,329,748.25) Fiscal Agent: U.S. Bank National Association
08-20-02 n/a Reserve Fund 94460700 2.54 531,496.05
08-20-02 n/a Interest Acct 94460701 0.04 41,174.11
08-20-02 n/a Principal Acct 94460702 0.04 368.11
TOTAL CRA - 2002 Sub Lien Tax Allocation Bonds $5.3M ($5,329,748.25) 573,038.27 $
BOND PROCEEDS
2016 SA $31.5M Tax Allocation Refunding Bonds Series
A
Fiscal Agent: U.S. Bank National Association (fka First Trust) 04-26-16 n/a Debt Service 245113000 0.00 5.96
04-26-16 n/a Interest Acc 245113001 N/A 0.00
TOTAL 2016 SA $31.5M Tax Allocation Refunding Bonds Series A 5.96$ GRAND TOTAL - FISCAL AGENT CASH 573,044.23$
SUMMARY OF CASH AND INVESTMENTS
Cash on Hand 7,754,973$ 7,754,972.60$
($12,513)
Pooled Cash Investments 3,857,312$ $12,513
7,754,972.60$
Successor Agency Fiscal Agent Cash 573,044 $ *
Grand total 12,185,329$
* The interest rate quoted on LAIF and Fiscal Agent/Trustee accounts is the most current rate available.
LAIF interest rates are as of January 31, 2025.
\\cityofpalmdale.org\Finance\general\Cash and Investment\Investment\Investment Reports\24-25\07 Jan 2025\[Jan 2025 Successor Investment Report.xls]JAN 2025 Monthly
SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
POOLED CASH - STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND (LAIF) January 31, 2025
TRANSACTION INTEREST
DATE DEPOSIT WITHDRAWAL RECEIVED BALANCE
LAIF - SA ACCOUNT 65-19-035
Beginning Balance 3,813,014.43$
01/15/25 44,297.34$
Subtotal - $ - $ 44,297.34 $ 3,857,311.77 $ City Council Staff Report
DATE: MARCH 4, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PARKS AND RECREATION DEPARTMENT
DISTRICT: ALL
SUBJECT: APPROVE SECOND AMENDMENT TO AGREEMENT WITH KJI PLUMBING, INC. FOR PLUMBING SERVICES, INCREASING THE
AGREEMENT BY $181,584 FOR A TOTAL NOT TO EXCEED
AMOUNT OF $276,584 FOR A FIVE -YEAR TERM THROUGH JUNE
30, 2026
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Second Amendment to Agreement No. A -7551 with KJI Plumbing, Inc. for plumbing services, increasing the agreement by $181,584 for a total not to exceed amount of $276,584 for a five-year term through June 30, 2026.
BACKGROUND
The domestic water heaters at DryTown Water Park are original to the park and need to be replaced. Under the terms of the existing contract with KJI Plumbing, Inc. for as- needed plumbing services, a quote was obtained to replace two units for an amount not to exceed $181,584.
DISCUSSION
Installing replacement domestic water heaters at DryTown Water Park is essential to ensure proper park functionality. The new water heaters will ensure that DryTown ’s operational needs are met before the start of the 2025 season. Any delay in replacing the water heaters could affect guest services and facility operations, potentially leading to higher costs if emergency repairs or expedited services are required.
FISCAL IMPACT
$181,584; Funds are budgeted in DryTown Waterpark’s Capitalized Equipment account.
Report to Mayor and City Council
Re: Approve Second Amendment Agreement No. A-7551 with KJI Plumbing, Inc.
March 4, 2025
STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.
A. Plan and maintain safe and attractive neighborhoods, streets, facilities, and public spaces with exciting programming that promotes active fun for everyone.
Prepared by: Keri Smith, Director of Parks and Recreation Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENTS
Agrmt. No. A-7551 Second Amendment with KJI Plumbing, Inc.
Agrmt. No. A-7551 First Amendment with KJI Plumbing, Inc.
Agrmt. No. A-7551 KJI Plumbing, Inc.
2nd AMENDMENT TO AGREEMENT A- 7551
BETWEEN THE CITY OF PALMDALE AND KJI PLUMBING INC
This 2nd Amendment to Agreement No. A-7551 (“Agreement”) is made and entered into by and between the City of Palmdale (hereinafter called “CITY”) and KJI PLUMBING INC (hereinafter called "CONTRACTOR"). This Contract shall become effective on the date of the last signatory.
WHEREAS, on July 15, 2021 ("Original Agreement") the CITY and CONTRACTOR entered into an agreement to provide:
All labor and tools to perform minor through complex plumbing repairs and/or service as-needed.
WHEREAS, the parties desire to amend the Original Agreement to:
Amend contract to increase contract price.
NOW THEREFORE, the parties agree as follows:
1. Section 5 of the Agreement, PRICE, is hereby increased by an additional One Hundred Eighty-One Thousand Five Hundred Eighty-Four Dollars ($181,584.00) and bringing the total amount of the contract to Two Hundred Seventy-Six Thousand Five Hundred Eighty-Four Dollars ($276,584.00).
All other terms and conditions of the Original Agreement not amended herein, remain in full force and effect.
1-2Concord - Document ID: generated after first signature
In Witness Whereof, the parties hereto have caused this Contract to be executed and attested by their respective officers thereunto duly authorized.
CITY OF PALMDALE:
KJI PLUMBING INC:
Ronda Perez
City Manager
Joey Isaman
Vice President
ADDRESS FOR NOTICE:
CITY OF PALMDALE
39110 3rd Street East, Suite C
Palmdale, CA 93550
ADDRESS FOR NOTICE:
KJI PLUMBING INC
38904 N. Sierra Highway
Palmdale, CA 93550
APPROVE AS TO FORM:
William P. Curley, III
City Attorney
ATTEST:
Roxanne Faber
City Clerk
---------------------------------------- INTERNAL USE ONLY ----------------------------------------
□Certificate(s) and Endorsement(s) attached
□Confirmed business name on contract with certificate(s) □Original contract and previous amendment(s) (if any) are attached □Attached Agreement Checklist and met all requirements
2-2Concord - Document ID: generated after first signature
City Council Staff Report
DATE: MARCH 4, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
CAPITAL IMPROVEMENT PROGRAM DIVISION
DISTRICT: ALL
SUBJECT: APPROVE THE FIRST AMENDMENT TO AGREEMENT WITH MNS ENGINEERS, INC., FOR PN 869, ARTERIAL ROAD
REHABILITATION PROJECT FOR PROFESSIONAL ENGINEERING
SERVICES, INCREASING THE AGREEMENT BY $270,831 FOR A
TOTAL NOT TO EXCEED AMOUNT OF $1,095,746 WITH AN
EXTENSION OF 65 WORKING DAYS FOR A TO TAL OF 175
WORKING DAYS
RECOMMENDATION
Staff recommends that the City Council:
1. Approve the First Amendment to Agreement No. A-8786 with MNS Engineers, Inc. (MNS), for PN 869, Arterial Road Rehabilitation project, for professional engineering services, increasing the Agreement by $270,831 for a not to exceed total amount of $1,095,746 with an extension of 65 working days for a total of 175 working days; and,
2. Authorize the City Manager or her designee to execute First Amendment to Agreement No. A -8786 with MNS, including minimal and/or non -substantial changes.
BACKGROUND
On April 3, 2024, the City Council awarded MNS a professional services contract for the amount of $824,915 for 110 working days to provide construction management and inspection services. The scope of work includes the administration and financial management of construction contracts, quality assurance , material testing services, construction inspections, construction surveys , monument preservation, and labor compliance.
Report to Mayor and City Council
Re: First Amendment to Agreement No. A-8786
March 4, 2025
DISCUSSION
The project is 95% complete, with work remaining on Avenue R pending the railroad permit issuance. Once the City receives the railroad approvals, construction will resume and is expected to be completed within two to three weeks.
During construction, MNS was requested to provide additional construction management, inspections, and material testing services to their original scope of work. The additional services were due to a water mainline break at 10th Street West, additional roadway paving on 10th Street East, and engineering support for design issues on Palmdale Boulevard and Avenue R/Rayburn Road. These additional professional services incurred a cost of $232,271.
In addition, Avenue R requires permitting service for the right-of-entry permit from Union Pacific Railroad/Metrolink, materials testing, ongoing project management, and Labor Compliance monitoring. The total extra cost for this task is $38,560.
The total additional funding requested is $270,831, for a total project cost of $1,095,746.
FISCAL IMPACT
$270,831; The project is funded through the Road Maintenance and Rehabilitation Account (RMRA SB1), Gas Tax, Prop C Local Return, and Transportation Development Act (TDA) Article 8 funds. Sufficient funds are budgeted and available in FY 2024-25.
STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.
C. Plan and maintain safe and attractive neighborhoods, streets, facilities, and public spaces with exciting programming that promotes active fun for everyone.
Prepared by: Leonardo Torres, P.E.
Director of Public Works
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENTS
Agrmt No. A-8786 First Amendment with MNS Engineers, Inc.
Agrmt No. A-8786 with MNS Engineers, Inc.
FIRST AMENDMENT TO AGREEMENT A- 8786
BETWEEN THE CITY OF PALMDALE AND MNS ENGINEERS, INC.
This First Amendment to Agreement No. A-8786 (“Agreement”) is made and entered into by and between the City of Palmdale (hereinafter called “CITY”) and MNS ENGINEERS, INC. (hereinafter called "CONSULTANT"). This Contract shall become effective on the date of the last signatory.
WHEREAS, on 04/17/2024 ("Original Agreement") the CITY and CONSULTANT entered into an agreement to provide:
CONSULTANT shall act as the CITY's representative for Project No. 869 Arterial Road Rehabilitation Project.
Task 1 Public Works Inspection Services
a) Full Time inspection of contractor’s work.
b) Prepare daily Inspection reports.
c) Verify materials incorporated into the project meet contract requirements. d) Photo documentation.
e) Punchlist oversight.
f) Assist City Project Manager with successful delivery of the project. g) Review Contractor submittals, RFI’s, Change Order Requests as directed by the City.
h) Attend all Project Meetings and Pre-Construction Meeting. i) Ensure contractor is maintaining as-built-plans.
Task 2 Project Management Assistance
a) Overall program management of the project;
b) Serve as the CITY Project Manager for project delivery through closeout; c) Oversee CITY Consultant Construction Manager;
d) Communication with the CITY Management Staff on project status, potential issues and change orders;
e) Track project related expenses;
f) Review contractor progress payments and CITY consultant invoices; g) Ensure project permit requirements are addressed during construction; h) Serve in the capacity of overall quality assurance and quality control oversight for the project and ensure the team is taking appropriate steps to implement the project goals; and
i) Attend all project related meetings.
Task 3 Labor Compliance
a) Review contract provisions and labor compliance requirements with the project team.
b) Determine the specific labor standards and dates of effect for Wage Federal Davis Bacon and State Prevailing Wages for the construction project. c) Set up and maintain all compliance files and documents relating to prevailing wages for Federal Davis Bacon and State Prevailing Wages activities. 1-4Concord - Document ID: generated after first signature d) Set up and maintain labor compliance files tracking the prime contractor and subcontractors.
e) Attend the pre-construction meetings to discuss prevailing wage requirements with contractors and subcontractors.
f) Review Contractor's compliance with all State and Federal required postings such as the prevailing wage rates and EEO policies as well as the Contractor's Affirmative Action Plan.
g) Verify that certified payroll records are submitted by prime contractors and their subcontractors.
h) Conduct Employee Field Interviews to confirm worker classification and wage rate of the project workforce conforms to the applicable contract provisions. i) Reconcile Weekly Certified Payroll Reports (CPR) & supporting documentation with wage decision and employee field interviews. Perform continuous and timely monitoring reviews of CPRs and related submissions for compliance.
Task 4 Materials Testing & Conformance to the City Quality Assurance Program (QAP)
a) Quality Control and Independent Assurance for all materials testing. b) Provide qualified field staff.
c) Material testing documentation and reporting.
d) Qualified laboratory facilities.
e) Field Sampling with City of Palmdale QAP.
f) Plant Inspection and testing.
Task 5 Construction Survey & Monument Preservation
a) Establish the project control based on the project control scheme and project files. b) Pre-construction field topographic mapping.
c) Monument preservation for pre-construction and post-construction. d) Provide edge of pavement stakes in areas that do not have curb and gutter.
Task 6 Project Closeout
1) Completion of all items listed in the Punch List;
2) Review all required final project closeout documents; 3) Ensure contractor delivers final as-built drawings; and 4) Review Construction Manager work effort related to daily reports, RFI's, Change Orders, progress payments and final retention payments.
WHEREAS, the parties desire to amend the Original Agreement to:
Increase the contract amount by $270,831, for a not to exceed amount of $1,095,746, for the following added Task items 1-7:
Task 1 - Inspection
Construction Inspection - Added 165 hours
Construction Inspection - (Night Hours at 10th St W) Added 409 hours Construction Inspection - (Overtime) Added 48 hours
2-4Concord - Document ID: generated after first signature Task 2 - Project Closeout
No Adjustment
Task 3 - Project Management
Project Management Support
Task 4 - Project Survey and Monumentation
Additional work for grade adjustments - includes office and field work Task 5 - Labor Compliance
Construction Inspections - Added 20 hours
Task 6 - Material Testing
Added 165 hours
Task 7 - Railroad Permitting Services
Avenue R Railroad Permit Assistance.
NOW THEREFORE, the parties agree as follows:
See Attached Exhibit "A". Amendment Agreement #1 and Amendment Detail.
All other terms and conditions of the Original Agreement not amended herein, remain in full force and effect.
3-4Concord - Document ID: generated after first signature
In Witness Whereof, the parties hereto have caused this Contract to be executed and attested by their respective officers thereunto duly authorized.
CITY OF PALMDALE:
MNS ENGINEERS, INC.:
Ronda Perez
City Manager
Jeff Edwards
Vice President
ADDRESS FOR NOTICE:
CITY OF PALMDALE
38250 Sierra Highway
Palmdale, CA 93550
ADDRESS FOR NOTICE:
MNS ENGINEERS, INC.
100 E Thousand Oaks Blvd., Suite 105
Thousand Oaks, CA 91360
APPROVE AS TO FORM:
William P. Curley, III
City Attorney
ATTEST:
Roxanne Faber
City Clerk
---------------------------------------- INTERNAL USE ONLY ----------------------------------------
■Certificate(s) and Endorsement(s) attached
■Confirmed business name on contract with certificate(s) ■Original contract and previous amendment(s) (if any) are attached ■Attached Agreement Checklist and met all requirements
4-4Concord - Document ID: generated after first signature AGREEMENT NO. A-8786
CONTRACT FOR CONSULTANT SERVICES
BETWEEN THE CITY OF PALMDALE AND MNS ENGINEERS, INC.
THIS CONTRACT FOR CONSULTANT SERVICES (“Contract” herein) is made and entered into by and between the City of Palmdale a public body corporate and politic, (hereinafter called “CITY”) and MNS ENGINEERS, INC. (hereinafter called “CONSULTANT”). This Contract shall become effective on the date of the last signatory.
RECITALS
WHEREAS, City desires to engage CONSULTANT to provide certain consultant services; and
WHEREAS, CONSULTANT represents that CONSULTANT has the expertise and is qualified to perform the services described in this Contract. And, if required, is duly registered under the laws of the State of California; and WHEREAS, CONSULTANT desires to accept such engagement.
NOW, THEREFORE, the parties agree as follows:
1 DESCRIPTION OF WORK
1.1 The City hereby engages CONSULTANT, and CONSULTANT accepts such engagement, to provide the following services:
CONSULTANT shall act as the CITY's representative for Project No. 869 Arterial Road Rehabilitation Project.
Task 1 Public Works Inspection Services
a) Full Time inspection of contractor’s work.
b) Prepare daily Inspection reports.
c) Verify materials incorporated into the project meet contract requirements. d) Photo documentation.
e) Punchlist oversight.
f) Assist City Project Manager with successful delivery of the project. g) Review Contractor submittals, RFI’s, Change Order Requests as directed by the City.
h) Attend all Project Meetings and Pre-Construction Meeting. i) Ensure contractor is maintaining as-built-plans.
Task 2 Project Management Assistance
a) Overall program management of the project;
1-15Concord - Document ID: 02w6FRFYObAff3w8fEcEb9
b) Serve as the CITY Project Manager for project delivery through closeout; c) Oversee CITY Consultant Construction Manager;
d) Communication with the CITY Management Staff on project status, potential issues and change orders;
e) Track project related expenses;
f) Review contractor progress payments and CITY consultant invoices; g) Ensure project permit requirements are addressed during construction; h) Serve in the capacity of overall quality assurance and quality control oversight for the project and ensure the team is taking appropriate steps to implement the project goals; and
i) Attend all project related meetings.
Task 3 Labor Compliance
a) Review contract provisions and labor compliance requirements with the project team.
b) Determine the specific labor standards and dates of effect for Wage Federal Davis Bacon and State Prevailing Wages for the construction project. c) Set up and maintain all compliance files and documents relating to prevailing wages for Federal Davis Bacon and State Prevailing Wages activities. d) Set up and maintain labor compliance files tracking the prime contractor and subcontractors.
e) Attend the pre-construction meetings to discuss prevailing wage requirements with contractors and subcontractors.
f) Review Contractor's compliance with all State and Federal required postings such as the prevailing wage rates and EEO policies as well as the Contractor's Affirmative Action Plan.
g) Verify that certified payroll records are submitted by prime contractors and their subcontractors.
h) Conduct Employee Field Interviews to confirm worker classification and wage rate of the project workforce conforms to the applicable contract provisions. i) Reconcile Weekly Certified Payroll Reports (CPR) & supporting documentation with wage decision and employee field interviews. Perform continuous and timely monitoring reviews of CPRs and related submissions for compliance.
Task 4 Materials Testing & Conformance to the City Quality Assurance Program (QAP)
a) Quality Control and Independent Assurance for all materials testing. b) Provide qualified field staff.
c) Material testing documentation and reporting.
d) Qualified laboratory facilities.
e) Field Sampling with City of Palmdale QAP.
f) Plant Inspection and testing.
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Task 5 Construction Survey & Monument Preservation
a) Establish the project control based on the project control scheme and project files. b) Pre-construction field topographic mapping.
c) Monument preservation for pre-construction and post-construction. d) Provide edge of pavement stakes in areas that do not have curb and gutter.
Task 6 Project Closeout
1) Completion of all items listed in the Punch List;
2) Review all required final project closeout documents; 3) Ensure contractor delivers final as-built drawings; and 4) Review Construction Manager work effort related to daily reports, RFI's, Change Orders, progress payments and final retention payments.
CONSULTANT Proposal attached as Exhibit "A"
CONSULTANT shall perform and complete all such work and services in a manner satisfactory to CITY.
1.2 Project deliverables shall be reviewed and approved by CITY to determine acceptable completion. CITY shall have the right to review and inspect the work during the course of its performance at such times as may be specified by CITY.
1.3 CONSULTANT shall not accept any change of scope, or change in contract provisions, unless issued in writing, as a contract change order or amendment and signed by CITY. Any extensions of time must be mutually agreed upon in writing and executed by both parties.
1.4 CITY shall provide to CONSULTANT, without charge, all data, program information, including reports, records, maps, and other information, now in CITY’s possession, which may facilitate the timely performance of the work. 2 CITY PROJECT MANAGER
To provide the services required by this Contract, CONSULTANT shall act under the authority and approval of a Project Manager appointed by CITY. The City Project Manager will oversee the work under this Contract, assist CONSULTANT with any necessary information, audit billings, and approve payments. CONSULTANT shall channel reports, deliverables and special requests through the City Project Manager. 3 CONSULTANT’S KEY PERSONNEL
CONSULTANT’s Team and Key Personnel are as follows:
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Robert Holmes - Construction Inspector
Phil Lemmon - Construction Inspector
Jarrad Truman - Principal Surveyor
Catalina Ferreto - Labor Compliance
Robert Newman - PM Assistance QA/QC
This Consultant Services Contract has been awarded to CONSULTANT based on its representation that those personnel and subcontractors listed above will perform the portions of the work listed herein. CONSULTANT shall not deviate nor substitute any of these team members without prior written approval by CITY. 4 COMMENCEMENT AND COMPLETION OF WORK
The execution of this Contract by the parties does not constitute an authorization to proceed. The services of CONSULTANT shall commence when CITY, acting by and through its Project Manager, has issued an Authorization to Proceed. CONSULTANT shall complete all the work described in Section 1 and submit final deliverables within One-Hundred Ten (110) Working days following CONSULTANT’s receipt of Authorization to Proceed. CONSULTANT shall have no claim for compensation for any services or work, which has not been authorized by CITY’s Authorization to Proceed.
5 TAXES
5.1 CONSULTANT shall pay all sales, consumer, use, and other similar taxes required to be paid by CONSULTANT in accordance with state and local laws.
5.2 CONSULTANT is an independent contractor and shall have no power or authority to incur any debt, obligation or liability on behalf of CITY. No person employed by CONSULTANT or acting on its behalf, in connection with this Contract shall be considered the Agent or employee of CITY.
5.3 CONSULTANT shall be required to obtain a current City of Palmdale business license, as required by the Palmdale Municipal Code, before an Authorization to Proceed is issued.
6 PATENT FEES AND ROYALTIES
CONSULTANT shall pay all license fees and royalties and assume all costs incident to the use, in the performance of the work or the incorporation in the work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified by CITY for use in the performance of the work and if, to the actual knowledge of CITY, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by CITY in the contract documents. CONSULTANT shall indemnify and hold harmless CITY and anyone directly or indirectly employed by CITY from and 4-15Concord - Document ID: 02w6FRFYObAff3w8fEcEb9
against all claims, damages, losses and expenses (including attorneys' fees) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the work, or resulting from the incorporation in the work of any invention, design, process, product or device not specified by CITY, and shall defend all such claims in connection with any alleged infringement of such rights. 7 STANDARDS OF PERFORMANCE
CONSULTANT shall be responsible for the completeness and accuracy of its services and work and documents resulting there from, and CITY shall not be responsible for discovering deficiencies therein. CONSULTANT shall correct any such deficiencies or errors without additional compensation and without cost to CITY, except to the extent any such deficiency is directly attributable to deficiencies in CITY-furnished information.
8 CONSULTANT’S PERSONNEL
8.1 All services required under this Contract shall be performed by CONSULTANT, or under CONSULTANT’S direct supervision, and all personnel shall possess the qualifications, permits and licenses required by State and local law to perform such services.
8.2 CONSULTANT shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Contract, and compliance with all reasonable performance standards established by CITY.
8.3 CONSULTANT shall be responsible for payment of all CONSULTANT’s employees’ and subcontractor’s wages and benefits and shall comply with all requirements pertaining to the employer’s liability, workers’ compensation, unemployment insurance, and Social Security.
8.4 CONSULTANT shall indemnify and hold harmless CITY, and its respective officers, agents and employees from and against all claims, demands, damages or costs arising from CONSULTANT’s acts or omissions with respect to any liability, damages, claims, costs and expenses of any nature arising from alleged violations of personnel practices.
9 COMPENSATION
9.1 For all of work and services including the various phases of tasks as described in Section 1, CITY shall pay to CONSULTANT an amount not to exceed the sum of Eight Hundred Twenty-Four Thousand Nine Hundred Fifteen dollars ($824915), payable as follows:
CONSULTANT Fee Schedule included in attached Exhibit "A" CONSULTANT shall submit monthly invoices to CITY that include:
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1) Clear details of work completed to date;
2) Amount or percentage being billed;
3) Current status of all tasks within the project;
4) Any backup support documentation; and
5) Updated work schedules.
The Contract Price is CONSULTANT’S estimate of its charges for all the services, including all labor, equipment, material, subcontractor, and reimbursable costs, to be provided under this Agreement. Progress payments shall be made on a time and material basis. Final payment shall be made upon completion of all services and City acceptance of all deliverables, not-to-exceed the Contract Price.
9.2 CONSULTANT shall perform no work in excess of the total contract price without prior written approval of CITY. Total contract price includes expenses related to travel to and from CITY to meet with City and to appear, if so required, before City Council or any other board or commission of CITY.
9.3 CONSULTANT shall maintain adequate records and shall permit inspection and audit by CITY of CONSULTANT’s charges under this Contract. CONSULTANT shall make such records available to CITY during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records, and they will be available only to CITY and any specified public agencies. Such records shall be maintained by CONSULTANT for one (1) year following completion of the work under this Contract unless a longer period of time is required by state or federal law, in which event CONSULTANT shall retain its records for the time required by such laws.
9.4 No payment made hereunder by CITY to CONSULTANT, shall be construed as an acceptance by CITY of any work or materials, nor as evidence of satisfactory performance by CONSULTANT of its obligations under this Contract. 10 INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT and any contractors or subcontractors working on its behalf agree to indemnify CITY, its officers, employees, agents and elected and appointed boards (hereinafter “Indemnified Parties”) for any loss, claim, demand, cause of action, cost, expense, damage, obligation or liability which arises out of or is in any way connected with the performance of any work under this agreement, including any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of CONSULTANT, its contractors or subcontractors, and regardless of any acts, omissions or negligence (whether active or passive) of any person or entity indemnified hereunder. At their own expense, CONSULTANT and, as applicable, any contractors or subcontractors working on its behalf, shall defend any suit, claim or action against the Indemnified Parties founded upon such loss, claim, demand, cause of action, cost, expense, damage, obligation or 6-15Concord - Document ID: 02w6FRFYObAff3w8fEcEb9
liability. CONSULTANT shall ensure that the contract of any contractor or subcontractor working under this agreement contain an indemnity agreement, requiring the contractor or subcontractor to indemnify and defend the Indemnified Parties pursuant the terms set forth above. CONSULTANT shall indemnify the Indemnified Parties, and save it harmless from any and all loss, damage, costs, expenses and attorney's fees suffered or incurred on account of any breach of the aforesaid obligations and covenants, and any other provision or covenant of this agreement.
11 INSURANCE
11.1 CONSULTANT, at its expense, shall maintain in effect at all times during the performance of work under this Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers listed “A” or better in the Best’s Insurance Guide and authorized to do business in the State of California.
Proof of Insurance, as identified in Section 11.8, must be reviewed and accepted by the City Attorney.
11.1.1 Workers’ Compensation and Employer’s Liability
Workers’ Compensation—coverage as required by the State of California Employer’s Liability:
$1,000,000.00 each accident
$1,000,000.00 policy limit bodily injury
$1,000,000.00 each employee bodily injury by disease
11.1.2 Professional Liability (Errors & Omissions) Insurance* $2,000,000 limit on a per occurrence basis
11.1.3 Commercial General Liability
$1,000,000.00 limit on a per occurrence basis
$2,000,000.00 general aggregate limit
11.1.4 Commercial Automobile Liability
$1,000,000.00 combined single limit including owned, non-owned and hired automobile coverage
11.2 All of CONSULTANT’s policies shall contain an endorsement providing that written notice shall be given to CITY at least thirty- (30) calendar days prior to termination, cancellation or reduction of coverage in the policy.
11.3 Policies providing for bodily injury and property damage coverage shall contain the following:
A. An endorsement extending coverage to the CITY as an additional insured, in the same manner as the named insured, as respects liability arising out of the performance of any work under the Contract. Such insurance shall be primary insurance, as respects the interest of the CITY, and any other insurance 7-15Concord - Document ID: 02w6FRFYObAff3w8fEcEb9
maintained by the CITY shall be considered excess coverage and not contributing insurance with the insurance required hereunder. The certificate and endorsements shall state: “The City of Palmdale, the Successor Agency of the Community Redevelopment Agency of the City of Palmdale, Palmdale Civic Authority, Industrial Development Authority of the City of Palmdale, Palmdale Airport Authority, their officers, agents, employees and volunteers are named as additional insureds.”
B. “Severability of Interest” clause.
11.4 Promptly on execution of this Contract, and prior to commencement of any work, CONSULTANT shall deliver to CITY certificates of insurance and endorsements to all required policies demonstrating that CONSULTANT has the required coverage and showing the required named insureds. Within five (5) days of written request from CITY, CONSULTANT shall deliver to CITY full and complete copies of all insurance policies required by this Contract.
11.5 The requirements as to the types and limits of insurance to be maintained by CONSULTANT are not intended to and shall not in any manner limit or qualify CONSULTANT’s liabilities and obligations under this Contract.
11.6 Any policy or policies of insurance that CONSULTANT elects to carry as insurance against loss or damage to its equipment and tools or other personal property used in the performance of this Contract shall include a provision waiving the insurer’s right of subrogation against CITY.
11.7 All insurance coverage must be maintained throughout the duration of this Contract.
11.8 Acceptable Proof of Insurance:
11.8.1 ACORD Certificate of Insurance listing all coverages, limits, deductibles and insureds; and endorsements for all applicable coverages if agent has authority to issue it. Additional insured Form CG20101185 or CG20100707 and CG20370704 or equivalent must be provided for general liability coverage. Additional insured form CA0001 must be provided for automobile liability coverage.
11.8.2 Agents must confirm that policy endorsements have been ordered from the respective insurance companies. Upon issuance, policy endorsements listing all insurers must be submitted to the City Attorney.
11.8.3 *When professional (E&O) liability coverage is provided on a “claims made basis”, CONSULTANT will continue to renew the insurance for a period of five (5) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT, or its officers, employees, or agents during the time this Agreement was in effect.
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11.9 Notwithstanding any other provision of this Contract, CITY may immediately terminate this Contract if, at any time CONSULTANT fails to maintain the required insurance for any period of time or fails to comply with any of the insurance requirements listed above.
11.10 CONSULTANT shall require any and all subcontractor's working on its behalf to provide insurance coverages and limits that are based on the scope of work and nature of risk being performed by the subcontractor. Any and all subcontractors working on behalf of CONSULTANT shall be subject to all other insurance requirements that are stated herein.
Any deviation in this requirement will be CONSULTANT's sole risk. CONSULTANT's insurance requirements in Section 11 will not be impacted and/or limited by such deviation.
12 TERMINATION WITHOUT CAUSE
CITY reserves the right to terminate this Contract or any part thereof for its sole convenience with fifteen (15) days written notice. In the event of such termination, CONSULTANT shall immediately stop all work hereunder, and shall immediately cause any of its suppliers and sub-consultants to cease such work. CONSULTANT shall also surrender to CITY all finished or unfinished documents or programs and other materials, which shall be City’s property. As compensation in full for services performed to the date of such termination, the CONSULTANT shall receive an amount equal to the value of the work completed as of the termination date in accordance with the fee schedule or as negotiated between the parties. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Contract.
13 TERMINATION FOR CAUSE
13.1 If the CITY determines that the CONSULTANT has failed to supply an adequate working force, or to provide services of proper quality, or has failed in any other respect to satisfactorily perform the services specified in this Contract, the CITY shall give written notice to the CONSULTANT specifying all defaults to be remedied within thirty (30) days. Such notice shall set forth the basis for the CITY’s dissatisfaction and suggest corrective measures. If, after thirty (30) days, the CONSULTANT has failed to implement the corrective measures, the CITY may elect to terminate this Contract, in whole or in part.
13.2 In the event the CITY terminates this Contract in whole or in part as provided herein above, the CITY may procure, upon such terms and in such manner, as it may deem appropriate, services similar to those terminated.
13.3 If this Contract is terminated as provided above, the City may require the CONSULTANT to provide all finished or unfinished documents, data, studies, 9-15Concord - Document ID: 02w6FRFYObAff3w8fEcEb9
software, drawings, maps, photographs, reports, etc., prepared by the CONSULTANT. Upon such termination, the CONSULTANT shall be paid an amount equal to the value of the services provided and work performed as of the date of termination. Such payment by the City may take into consideration the costs associated with hiring another CONSULTANT to complete the services. In the event no new CONSULTANT is employed, the CONSULTANT shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to both completed work and work in progress, to complete and incomplete documents when such are delivered to CITY, and to authorized reimbursement expenses.
The above is in addition to any other remedies available by law or equity to the CITY.
13.4 If, after notice of termination of the Contract under the provisions of this Section 13, it is determined, for any reason, that CONSULTANT was not in default, or that the default was excusable, then the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Section 12. 14 DISPUTE RESOLUTION
All claims, disputes, and other matters in question between CITY and CONSULTANT arising out of, or relating to this Contract, or the breach thereof shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. 15 OWNERSHIP OF DOCUMENTS
All documents, including, but not limited to, research, field notes, investigations, analysis, and studies which are prepared in the performance of this Contract are to be, and remain the property of CITY. CONSULTANT shall furnish CITY, upon its request, originals or reproducible or electronic copies of reports, studies and of all other documents listed above.
16 SUBCONTRACTING, DELEGATION AND ASSIGNMENT
16.1 CONSULTANT shall not delegate, subcontract or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY; provided, however, that claims for money due or to become due to CONSULTANT from CITY under this Contract may be assigned to a bank, trust company or other financial institution without such approval. Any proposed delegation, assignment or subcontract shall provide a description of the services covered, identification of the proposed assignee, delegates or subcontractor, and an explanation of why and how the same was selected, including the degree of competition involved. Any proposed agreement with an assignee, delegates or subcontractor shall include the following:
A. The amount involved, together with CONSULTANT’s analysis of such cost or price; and
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B. A provision requiring that any subsequent modification or amendment shall be subject to the prior written consent of CITY; and
C. The requirement to hire only those persons authorized by federal law to work in the United States.
16.2 Any assignment, delegation or subcontract shall be made in the name of CONSULTANT and shall not bind or purport to bind CITY and shall not release CONSULTANT from any obligations under this Contract including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegates and subcontractors. No such assignment, delegation or subcontract shall result in any increase in the amount of total compensation payable to CONSULTANT under this Contract.
17 NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
17.1 In performance of this Contract, CONSULTANT shall not discriminate against any employee, subcontractor, or applicant for employment because of sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, or age. CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation or age. Affirmative action relating to employment shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
17.2 The provisions of subsection 17.1 above shall be included in all solicitations or advertisements placed by or on behalf of CONSULTANT for personnel to perform any services under this Contract. CITY shall have access to all documents, data and records of CONSULTANT and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 which is incorporated herein by this reference. A copy of Executive Order No. 11246 is available for inspection at, and on file with, the Palmdale City Clerk’s Office. 18 FINANCIAL INTEREST CERTIFICATION
18.1 CONSULTANT warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee; and that no officer or employee of the CITY has any interest, financially or otherwise, in CONSULTANT’s firm.
18.2 For breach or violation of this warranty, CITY shall have the right to annul this Contract without liability, or at its discretion to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee.
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19 CONFLICT OF INTEREST
19.1 CONSULTANT stipulates that its officers and employees do not now have a conflict of interest and it further agrees for itself, its officers and its employees that it will not contract for or accept employment for the performance of any work or services with any individual business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Contract or which would cause CONSULTANT to be “financial interested” (as provided in California Government Code Section 1090 et seq. or 87100 et seq.) in any contract or decision made by CITY on any matter.
19.2 CONSULTANT shall not employ any Housing Authority/City official or employee to perform any work required pursuant to this Contract.
19.3 If CONSULTANT is a registered professional engineer or licensed land surveyor and the scope of work requires CONSULTANT’S recommendation of the actual formula to spread the costs of an assessment district’s improvements, then CONSULTANT shall not participate in making that recommendation if the additional elements set forth in Government Code section 87100.1(c) apply. Those additional elements are: (1) CONSULTANT has received income of $250 or more for professional services in connection with any parcel included in the benefit assessment district within twelve (12) months prior to the creation of the district; and (2) the district includes other parcels in addition to those parcels for which CONSULTANT received the income. In the event a conflict of interest does arise in that context, CITY shall select a different CONSULTANT to recommend the actual formula to spread the costs of the assessment district’s improvements and the costs of such services shall be deducted from the compensation to be paid to CONSULTANT.
19.4 To the extent required by the City Manager/designee, CONSULTANT shall complete and file with the City Clerk a Form 700 Statement of Economic Interests disclosing any reportable property interests, income, gifts, investments, or business positions.
20 COMPLIANCE WITH LAW
20.1 CONSULTANT shall comply with all state and federal laws, including but not limited to, the requirement to hire only those persons authorized by federal law to work in the United States. If CONSULTANT uses any subcontractors to complete this Contract, this same requirement shall be included in all subcontracts and strictly enforced by CONSULTANT.
20.2 The law of the state of California shall govern this Contract. The venue of any legal action, either formal or informal, shall be the County of Los Angeles. 21 NOTICES
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Any notice required under this Contract shall be in writing, addressed to the appropriate party at its address on the signature page and given personally or by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt.
22 ENTIRE CONTRACT AND AMENDMENTS
22.1 This Contract is the complete agreement between the parties and supersedes all prior proposals, agreements, and understandings between the parties and may not be modified or terminated orally.
22.2 No attempted waiver of any of the provisions hereof, nor any modification in the nature, extent or duration of the work to be performed by CONSULTANT hereunder, shall be binding unless in writing and signed by the party against whom the same is sought to be enforced.
22.3 The failure of any party to enforce against another party any provision of this Contract shall not constitute a waiver of that party’s right to enforce such a provision at a later time, and shall not serve to vary the terms of this Contract. 13-15Concord - Document ID: 02w6FRFYObAff3w8fEcEb9
23 ATTORNEY’S FEES
If any action at law or in equity is brought to enforce or interpret any provisions of this Contract, the prevailing party in such action shall be entitled to reasonable attorney’s fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
In Witness Whereof, the parties hereto have caused this Contract to be executed and attested by their respective officers thereunto duly authorized.
CITY OF PALMDALE: MNS ENGINEERS, INC.:
Ronda Perez
City Manager
Jeff Edwards
Vice President
ADDRESS FOR NOTICE:
CITY OF PALMDALE
38250 Sierra Highway
Palmdale, CA 93550
ADDRESS FOR NOTICE:
MNS ENGINEERS, INC.
100 E Thousand Oaks Blvd., Suite 105
Thousand Oaks, CA 91360
APPROVE AS TO FORM:
William P. Curley, III
City Attorney
ATTEST:
Roxanne Faber
Acting City Clerk
---------------------------------------- INTERNAL USE ONLY ----------------------------------------
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■Certificate(s) and Endorsement(s) attached
■Confirmed business name on contract with certificate(s) ■Attached Agreement Checklist and met all requirements
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Record of Signing
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City Council Staff Report
DATE: MARCH 4, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS
CAPITAL IMPROVEMENT PROGRAM DIVISION
DISTRICT: ALL
SUBJECT: ADOPT RESOLUTION NO. CC 2025 -032 FOR THE SUBMITTAL,
ACCEPTANCE, AND EXECUTION OF RELATED DOCUMENTS FOR
THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL
ASSISTANCE UNDER PUBLIC LAW 93 -288 AS AMENDED BY THE
ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY
ASSISTANCE ACT OF 1988, AND/OR STATE FINA NCIAL
ASSISTANCE UNDER THE CALIFORNIA DISASTER ASSISTANCE
ACT
RECOMMENDATION
Staff recommends that the City Council:
1. Adopt Resolution No. CC 2025-032 for the submittal, acceptance, and execution of related documents for the purpose of obtaining federal financial assistance under Public Law 93 -288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act;
2. Authorize the City Manager to submit, accept, and execute related documents for the purpose of obtaining federal financial assistance and take such other actions necessary or appropriate to obtain funding; and,
3. Authorize the City Manager to conduct all negotiations and to execute and submit all documents , including, but not limited to , applications, agreements, amendments, payment requests, and so forth, which may be necessary for the completion of projects or programs.
BACKGROUND
The City has identified a space in the Aero Building at 38255 9th Street East for the Emergency Operations Center ( EOC) to provide emergency operations and support Report to Mayor and City Council
Re: Reso. No. CC 2025-032
March 4, 2025
during declared local, state, and national emergencies. The vacant space includes the desired area to house EOC equipment and staff.
As the City's population grows and the complexity of potential incidents increases, the current EOC lacks the physical infrastructure to support a full-scale, coordinated response. It is also limited in size, which hinders its capacity to house the critical personnel, equipment, and technology essential for managing large-scale emergencies.
Funding is needed to design and complete tenant improvements to meet the needs of a new EOC facility.
DISCUSSION
In April 2024, a federal earmark application was submitted to the office of former 27th Congressional District Congressman Mike Garcia requesting funding assistance for Palmdale’s Emergency Operations Center. In March 2024, the City was awarded $1,312,500 for the EOC design and construction of tenant improvements.
The adoption of Resolution No. CC 2025-032, authorizing the submittal, acceptance, and execution of related documents to obtain federal financial assistance, will comply with one of the grant funding requirements.
FISCAL IMPACT
$1,312,500 (revenue); Federal funding of $1,312,500 will be combined with other funding sources for the amount of $3,801,331, totaling a project budget of $5,113,831.
STRATEGIC PLAN
Goal I: Maintain effective public safety and protection for life, property, and the environment.
B. Be prepared to protect life, property, and the environment in the event of catastrophic disasters and emergencies.
Prepared by: Leonardo Torres, P.E.,
Director of Public Works
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENTS
Reso. No. CC 2025-032
CITY COUNCIL
CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2025-032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE
AUTHORIZING THE CITY MANAGER AS THE SIGNATORY FOR THE
SUBMITTAL, ACCEPTANCE, AND EXECUTION OF RELATED
DOCUMENTS FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL
FINANCIAL ASSISTANCE UNDER PUBLIC LAW 93-288 AS AMENDED BY THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT OF 1988, AND/OR STATE FINANCIAL ASSISTANCE UNDER THE CALIFORNIA DISASTER ASSISTANCE ACT.
WHEREAS, the City of Palmdale (City) proposes to design and construct an emergency operations center facility; and,
WHEREAS, the City has the legal authority and is authorized to enter into a funding agreement with the State of California for the Cal OES Grant; and, WHEREAS, the City intends to apply for grant funding from the State of California Governor’s Office of Emergency Services; and,
WHEREAS, the recommendation includes designating the City Manager as the signatory to execute all applicable applications, documents, agreements, amendments, etc.
NOW THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF
PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
SECTION 1 . The City Manager is hereby authorized to submit, accept, and execute related documents for the purpose of obtaining Federal financial assistance and take such other actions necessary or appropriate to obtain grant funding.
SECTION 2. The City Council designates and hereby authorizes the City Manager to execute the funding agreement with the State of California Governor’s Office of Emergency Services and any amendments thereto.
SECTION 3. The City Manager is hereby authorized to conduct all negotiations and to execute and submit all documents including, but not limited to, applications, agreements, amendments, payment requests, and so forth, which may be necessary for the completion of projects or programs.
Resolution No. CC 2025-032
SECTION 4. This is a universal resolution and is effective for all open and future disasters up to three (3) years following the date of approval.
SECTION 5. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED and ADOPTED this 4th day of March, 2025. _________________________________
Richard J. Loa, Mayor
APPROVED AS TO FORM: ATTEST:
___________________________ _________________________________ William P. Curley, III Rochelle Scott, City Clerk
City Attorney
I, Rochelle Scott, City Clerk of the City of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 4th day of March, 2025 by the following roll call vote:
AYES:
NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:
Rochelle Scott, City Clerk
1 MINUTES
CITY COUNCIL/SA/HA/IDA/PAA/PCA/PFA
CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B
PALMDALE, CALIFORNIA
FEBRUARY 18, 2025
www.cityofpalmdale.org
1) CALL MEETING TO ORDER
Mayor Loa called the meeting to order at 5:00 pm.
Note: All City Council memberships are reflected in their City Council titles.
2) ROLL CALL MAYOR LOA, MAYOR PRO TEM BETTENCOURT,
COUNCILMEMBERS BISHOP, OHLSEN, ALARCÓN COMMISSIONERS FRAGA -
SAENZ, BETTS
PRESENT: Richard J. Loa, Laura Bettencourt, Austin Bishop, Eric Ohlsen, Christina Fraga-Saenz, Dianne Betts.
ABSENT: Andrea Alarcón.
3) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
Councilmember Ohlsen led the pledge of allegiance.
4) PUBLIC COMMENTS
CONSENT CALENDAR, APPOINTMENT(S), NEW BUSINESS, AND CLOSED SESSION:
Marsha Furman commented in support of Item 5.3.
City Manager Perez removed Item 9.1 from the agenda.
5) CONSENT CALENDAR
5.1) Waive full reading of the Resolution(s) and/or Ordinance(s) to be considered and voted on at this meeting. (This allows for reading the title only in lieu of reciting the entire text).
5.2) Receive and file the monthly and quarterly investment activity report for December 2024.
5.3) Approve Agreement with Proslide Technologies Inc., to refurbish DryTown Water Park’s Dusty’s Mindshaft Racer Slide for the not to exceed amount of $626,000 for a term of 90 days from the Notice to Proceed.
5.4) Adopt Resolution No. CC 2025- 018, a Resolution of the City Council of the City of Palmdale declaring a Housing Crisis in response to recent fires.
2 5.5) Approve the Third Amendment to the Legal Services Agreement with Civica Law Group, APC, to increase the agreement amount by $280,000, for Fiscal Year (FY) 2024-25 for a contract term through March 6, 2028.
5.6) Approve Second Amendment to Agreement with SiFi Networks Palmdale, LLC for adjustments to construction methods for the installation of fiber optic in the public right-of-way and for increase to service costs.
5.7) Adopt Resolution No. CC 2025- 009, a Resolution of the City Council of the City of Palmdale declaring its intention to conduct a public hearing to consider the vacation of portions of 8th Street East south of Rancho Vista Boulevard and north of East Avenue P-8.
5.8) Receive and file the Sanitary Sewer Management Plan (SSMP) Audit.
5.9) Award and Approve agreement with Golden West Fence for Landscape Maintenance District (LMD) wrought iron fence replacement services in an amount not to exceed $138,820 for a term of 180 working days from the date of the Notice to Proceed.
5.10) Notice of Completion (NOC) - Accept public street, sewer, and, drainage improvements for Tract 54058-04 located at 20th Street West and Avenue P-
8. 5.11) Notice of Completion (NOC) - Accept public sewer and drainage improvements for Tract 60732 located at 20th Street West and Quick Street.
5.12) Approve Requisition No. 250823 with Plumber’s Depot, Inc. for the purchase of one WM350 Compact Steerable Pipe Transporter and one MZ350 OZ3 CCTV Camera for a total not to exceed amount of $236,202.
5.13) Approve the minutes from the previous meeting.
Motion: Approve all items listed under the Consent Calendar.
Moved by Austin Bishop, seconded by Laura Bettencourt.
Vote: Motion carried (4-0)
Yes: Richard J. Loa, Laura Bettencourt, Austin Bishop, Eric Ohlsen.
Absent: Andrea Alarcón.
6) JOINT CONSENT CALENDAR CC/SA/HA/IDA/PAA/PCA/PFA
6.1) Review and Approve the Fiscal Year 2024-25 Mid-Year Budget Adjustments, and Adopt Resolution No. CC 2025- 021, a Resolution of the City Council of the City of Palmdale amending the City’s Classification and Pay Plan for general positions.
6.2) Approve the minutes from the previous Housing Authority meeting.
3 Motion: Approve all items listed under the Joint Consent Calendar.
Moved by Christina Fraga-Saenz, seconded by Austin Bishop.
Vote: Motion carried (4-0)
Yes: Richard J. Loa, Laura Bettencourt, Austin Bishop, Eric Ohlsen,
Absent: Andrea Alarcón.
Vote: Motion carried (6-0)
Yes: Richard J. Loa, Laura Bettencourt, Austin Bishop, Eric Ohlsen, Christina Fraga- Saenz, Dianne Betts.
Absent: Andrea Alarcón.
7) PUBLIC HEARING
7.1) Public Hearing to review the Substantial Amendment to the 2024-2025 Annual Action Plan, the proposed Section 108 Application and the Expenditure of Community Development Block Grant (CDBG) Funds; Receive public comment in compliance with the requirements of the U.S. Department of Housing and Urban Development (HUD) and the City’s Citizen Participation Plan; Approve the Substantial Amendment to the 2024- 2025 Action Plan; and Adopt Resolution No. CC 2025- 007, a Resolution of the City Council of the City of Palmdale Authorizing the City Manager or her designee to submit the Section 108 Loan Guarantee Application to HUD for a $7,134,000 Loan for South Antelope Valley Emergency Services (SAVES) Facility Improvements.
Mayor Loa opened the Public Hearing.
City Clerk Scott read the title of Resolution No. CC 2025-007.
Public Testimony: David Laird discussed the benefits of the SAVES food distribution program.
Director of Housing Reyes provided detailed information on the 2024-2025 Action Plan.
Councilmember Bishop discussed the SAVES building expansion and the services it offers to the community.
Mayor Loa spoke regarding the requested loan and services provided at SAVES.
Motion: Approve the Substantial Amendment to the 2024-2025 Action Plan and adopt Resolution No. CC 2025-007.
Moved by Eric Ohlsen, seconded by Austin Bishop.
Vote: Motion carried (4-0)
Yes: Richard J. Loa, Laura Bettencourt, Austin Bishop, Eric Ohlsen.
Absent: Andrea Alarcón.
4 7.2) Introduction and Adoption of Ordinance No. 1652, an Ordinance of the City Council of the City of Palmdale approving General Plan Amendment 23- 0003, Zone Change 23- 0003, Tentative Parcel Map 84001, Conditional Use Permit 22-006 and Site Plan Review 22-007 to modify the General Plan Land Use designation and zone from Mixed Use 2 to Neighborhood Commercial; subdivide 5.69 acres into two lots to facilitate the construction of a ten- island fueling station, a 7,258- square-foot grocery store, and a 2,127- square-foot drive-through carwash located on the northwest corner of East Avenue R and 25th Street East.
City Clerk Scott read the title of Ordinance No. 1652 and Resolution No. CC 2025-011.
Mayor Loa opened the Public Hearing.
The following individuals spoke in opposition to the project location: Mabel Flowers, Stephanie Sterba, Carl Flowers, Mickey Martinez, Monica Dopson, and Marsha Furman.
Mayor Loa closed the Public Hearing.
Planning Manager Magana presented the staff report.
Michael Ramirez from Beyond Food Mart talked about the fuel review and security measures. He also mentioned that there will be no sales of liquor or tobacco at the location.
A motion was made and passed to introduce Ordinance No. 1652.
Mayor Loa asked about traffic concerns, and Planning Manager Magana explained the traffic study, entrances and exits.
Mayor Pro Tem Bettencourt asked about bike lanes, and Planning Manager Magana confirmed there would be bike lanes.
Councilmember Ohlsen asked about the land next to the project and if there would be a buffer, and Planning Manager Magana confirmed there would be one.
Mayor Loa asked about the walls separating the properties, and Planning Manager Magana confirmed the walls would separate the properties.
Councilmember Bishop asked about the number of gas pumps, hydrogen pumps, electric car charging stations, and property setbacks. Planning Manager Magana explained the setbacks.
Councilmember Ohlsen asked about the project location, and Mr. Ramirez discussed the location, traffic study, and CEQA report.
Mayor Loa inquired about emissions, and Planning Manager Magana discussed air quality management thresholds for various gases and particles.
5 Mayor Pro Tem Bettencourt mentioned concerns about vapors coming through brick walls.
Councilmember Ohlsen asked to table the item for further discussion.
Motion: Table item to March 4, 2025.
Moved by Eric Ohlsen, seconded by Austin Bishop.
Vote: Motion carried (3-1)
Yes: Richard J. Loa, Austin Bishop, Eric Ohlsen.
No: Laura Bettencourt.
Absent: Andrea Alarcón.
7.3) Introduction and Adoption of Ordinance No. 1653, an Ordinance of the City Council of the City of Palmdale approving Comprehensive Development 23- 0002, and Adopt Resolution No. CC 2025- 012 approving Conditional Use Permit 23-0018, and Vesting Tentative Tract Maps 23- 0003 (VTTM 51508- 3) and 23-0004 (VTTM 63145) to facilitate the development of approximately 75 acres for the purpose of constructing 627 single- family residences within Phase 1B of the Ritter Ranch Specific Plan generally located to the east and west of Westland Drive /Ranch Center Drive and south of City Ranch Road.
City Clerk Scott read the title of Ordinance No. 1653 and Resolution No. CC 2025-012.
A motion was made and passed to introduce Ordinance No. 1653.
Mayor Loa opened the Public Hearing
Public Testimony: Roger Soderstedt spoke regarding the water supply for Ritter Ranch; and Karl Pearcy spoke regarding the lack of infrastructure for this project and traffic.
Mayor Loa closed the Public Hearing.
Interim Director of Economic and Community Development Taggart presented the staff report.
Peter Guiterrez, representing the applicant, thanked staff and spoke about Phase 1B of the project including the water supply analysis and traffic study.
Ramiro Albarran, RDR Holdings, spoke about Phase 1B and adding to Palmdale's housing stock.
Mayor Pro Tem Bettencourt asked about the average size lot for the homes.
Interim Economic and Community Development Director Taggart responded that the average lot size is 5,000 - 6,000 sq ft and some larger.
Councilmember Bishop spoke about Ritter Ranch being a quality project, and in support of development.
Councilmember Ohlsen spoke regarding the housing crisis, Trader Joe's jobs, 6 Aerospace Industry jobs, and in support of growth and development . He also expressed his concern regarding the lack of a fire station.
Ramiro Albarran and Peter Guiterrez discussed their conversation with the fire department regarding a fire station, building codes , fire-resistant materials, underground utilities, vegetation management, and water infrastructure.
Councilmember Bishop asked if new homes are required to have fire sprinkler systems. Mr. Guiterrez discussed the current requirements for new developments, including fire sprinkler systems, fire- resistant roofs, fire -rated walls, and an evacuation plan. Councilmember Bishop also spoke regarding the benefits of a Homeowner Association.
Mayor Loa spoke in support of the project and the housing crisis in Palmdale.
Motion: Adopt Ordinance No. 1653 and Resolution No. CC 2025-012.
Moved by Austin Bishop, seconded by Eric Ohlsen.
Vote: Motion carried (4-0)
Yes: Richard J. Loa, Laura Bettencourt, Austin Bishop, Eric Ohlsen.
Absent: Andrea Alarcón.
8) APPOINTMENT
8.1) Appoint a member of the Council to serve as the delegate on the Southern California Association of Governments (SCAG) Regional Council District 43 for a two-year term.
Motion: Appoint Councilmember Bishop to serve as the delegate on the SCAG Regional Council District 43 for a two-year term.
Moved by Eric Ohlsen, seconded by Laura Bettencourt.
Vote: Motion carried (4-0)
Yes: Richard J. Loa, Laura Bettencourt, Austin Bishop, Eric Ohlsen.
Absent: Andrea Alarcón.
9) NEW BUSINESS
9.1) Review the Fair Political Practices Commission ("FPPC") biannual Election Local Contribution Limitation; City Council consideration of removal of campaign contribution limitations for City of Palmdale Elections.
This item was removed from the agenda.
10) CITY MANAGER’S REPORT
City Manager Perez announced the Seasons of Service event at Barrel Springs Park and Ride on February 22, Sickle Cell Awareness Family Day on February 22, and the launching of the City’s Next Generation Business Watch Program.
7 11) SHERIFF’S REPORT
Captain Bardon reported on response times for routine calls, calls for service, partnership with Public Safety staff, Partners Against Crime (PAC) Team arrests, Part 1 crimes, gang-related shootings, graffiti arrests, traffic collisions , citations, and virtual deputy application. He announced that a Spanish-speaking Q & A is scheduled for March 21 regarding Senate Bill 54 (SB 54) state law that limits the use
of state and local resources for federal immigration enforcement.
Mayor Loa asked Captain Bardon about public demonstration protocols. Captain Bardon provided details on public demonstration protocols.
Councilmember Bishop discussed burglaries and break -ins of local businesses.
Captain Bardon provided limited information on recent burglaries and recommended lighting and security technology. A film that prevents glass from breaking was further discussed.
Councilmember Ohlsen discussed the steps that were taken to mirror the City's municipal violations to match the penal code.
12) NON-AGENDA PUBLIC COMMENTS:
The following individuals provided public input: Karen Lindsay spoke against illegal immigration and the use of Palmdale resources for it; Mikki Martinez supported legal immigration; Helen Velador invited Council to Palmdale School District's Read Across America event in March; Rich Gallego asked for a resolution supporting lower fuel costs in California and spoke in support of quarterly town hall meetings; Steve Hill requested the removal of Captain Bardon from the Palmdale Sheriff's Station; Michelle H. asked for a resolution declaring Palmdale a non- sanctuary city; Michelle Royal requested a fire station for the Anaverde/Ritter Ranch area; Yul Gevargis commented in support of legal immigration and asked for a resolution declaring Palmdale a non-sanctuary city; Edith and Paul Roman opposed using City resources for illegal immigrants, Jill Mrantz was against Palmdale becoming a sanctuary city; Michael Ross spoke about I tem 7.1, the tax increase, and Council town hall meetings; Rodger Soderstedt opposed using City funds for the Auto Mall, suggested using funds for animal services, and asked for town hall meetings.
13) COUNCIL REPORTS, ANNOUNCEMENTS AND REQUESTS FOR FUTURE
AGENDA ITEMS
Councilmember Bishop attended the Justice Sunday performance at the Palmdale Playhouse and reported that at the Antelope Valley Air Quality Management District (AVAQMD) meeting, funds were approved for a charging station at the park and ride on Avenue S.
Councilmember Ohlsen talked about the memorial for Dave Gomez and emphasized the importance of jobs with good pay and pensions. He spoke about his meeting with State Treasurer Fiona Ma. He also shared plans to host a town hall in his district in the future.
8 Mayor Pro Tem Bettencourt discussed the town hall that was held in her district and the gas tax response from the California Contract Cities Association.
Mayor Loa spoke about participating in the memorial for Dave Gomez, his trip to Washington, D.C., and Congressman Whitesides and Senator Padilla's support for the grade separation project at Rancho Vista and Sierra Highway.
Mayor Pro Tem Bettencourt thanked Pastor Ross, and the churches involved in the Pray Across the Antelope Valley event.
Councilmember Bishop asked about the timeline for the roundabout on 40th Street East. City Manager Perez said they are waiting for Southern California Edison to complete their part. Director of Public Works Torres added that the project would be finished in two weeks.
14) PRESENTATION BY CITY ATTORNEY
City Attorney Curley noted that Item 14.2 required updating and the Government Code should be the same as Item 14.1.
14.1) CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION Los Angeles County Superior Court Case No. 22STCV01269
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
14.2) CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION The existing facts and circumstances that constitute a significant exposure to litigation are detailed in the following claim received by the City, which is available for public inspection pursuant to Government Code Section 54956.9(d)(1):
Stoneham v. City of Palmdale et al, Claim Nos. L22-075, 076 and 0155
15) ANNOUNCEMENT BY CITY ATTORNEY
Closed Session was held from 7:03 pm - 8:11 pm.
City Attorney Curley announced that the Council was updated on all items, gave direction to staff, and there were no further reportable actions.
9 16) ADJOURNMENT
Mayor Loa adjourned the meeting at 8:13 pm to March 4, 2025, at 5:00 p.m. in the City Hall Council Chamber located at 38300 Sierra Highway, Suite B, Palmdale, California.
PASSED, APPROVED, and ADOPTED this 4th day of March 2025.
_________________________
Richard J. Loa, Mayor
ATTEST:
_________________________
Rochelle Scott, City Clerk
City Council Staff Report
DATE: MARCH 4, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
DISTRICT: 5
SUBJECT: ADOPT ORDINANCE NO. 1652 APPROVING ZONE CHANGE 23- 0003 AND ADOPT RESOLUTION NO . CC 2025 -011 APPROVING
GENERAL PLAN AMENDMENT 23-0003, TENTATIVE PARCEL MAP
84001, C ONDITIONAL USE PERMIT 22-006, AND SITE PLAN
REVIEW 22-007 AND ADOPTING THE MITIGATED NEGATIVED
DECLARATION (SCH N O. 2024100683) AND MITIGATION
MONITORING AND REPORTING PROGRAM (MMRP) PREPARED
FOR THE PROJECT
RECOMMENDATION
Staff recommends that the City Council:
1. Adopt Ordinance No. 1652 approving Zone Change (ZC) 23 -0003; a request to modify the zone from Mixed Use 2 (MU 2) to Neighborhood Commercial (NC); and,
2. Adopt Resolution No. CC 2025-011 approving General Plan Amendment (GPA) 23-0003, a request to modify the General Plan land use designation from MU 2 to NC, and Tentative Parcel Map (TPM) 84001, Conditional Use Permit (CUP) 22 - 006, and Site Plan Review (SPR) 22 -007; a request to subdivide 5.69 acres into two lots to facilitate the construction of a ten-island fueling station, a 7,258-square- foot grocery store, and a 2,127 -square-foot drive-through carwash and adopt the Mitigated Negative Declaration (MND) (SCH No. 2024100683) and Mitigation Monitoring and Reporting Program (MMRP) prepared for the project.
BACKGROUND
On January 16, 2025 , the Planning Commission reviewed the proposed project and adopted Resolution No. PC-2025-001, recommending approval of the project by the City Council.
Report to Mayor and City Council
Re: Ord. No. 1652 and Reso. No. CC 2025-011
March 4, 2025
On February 18, 2025, the City Council reviewed the proposed project and continued the item based on feedback received from the public related to air quality, traffic , and types of goods sold.
The proposed project includes a GPA and ZC to modify the land use designation and zone from MU 2 to NC to facilitate the development of a grocery store, fueling st ation, and drive-through carwash at the northwest corner of Avenue R and 25th Street East. The project is significant for the City of Palmdale as it is distinct from most other projects of this scale. The grocery store will offer pre -packaged foods or snac ks, as defined by the Palmdale Municipal Code (PMC), and it will not sell alcohol or tobacco products. In addition, the fueling station will feature four hydrogen fuel pumps making this the first hydrogen fueling station within the City.
FIGURE 1 - AERIAL MAP
East Avenue R
Project Site
25thStreet East
Report to Mayor and City Council
Re: Ord. No. 1652 and Reso. No. CC 2025-011
March 4, 2025
DISCUSSION
TABLE 1 - EXISTING LAND USE / ZONING / GENERAL PLAN
Land Use Zoning General Plan
Subject
Site
Vacant land Mixed Use 2 (MU 2) Mixed Use 2 (MU 2)
North Multi-family
residential (Canyon
Creek Apartments)
Residential
Neighborhood 2 (RN 2)
Residential
Neighborhood 2 (RN 2)
South Single-family
residences, across
East Avenue R
Residential
Neighborhood 2 (RN 2)
Residential
Neighborhood 2 (RN 2)
East Single-family
residences, across
25th Street East
Single Family
Residential 3 (SFR 3)
Single Family
Residential 3 (SFR 3)
West Palmdale High
School
Public Facility - School Public Facility - School
Report to Mayor and City Council
Re: Ord. No. 1652 and Reso. No. CC 2025-011
March 4, 2025
TABLE 2 - GENERAL PLAN CONSISTENCY
Element Goal, Objective, or
Policy
Standard
Met?
Justification*
Land Use and
Community
Design
LUD-1.1 Balanced
Land Uses. Maintain a
balanced land use
pattern to support a
broad range of
housing choices, retail
businesses,
employment
opportunities,
educational and
cultural institutions,
entertainment spaces,
and other supportive
uses within long-
established Palmdale
neighborhoods and
new growth areas.
Yes The proposed fueling station,
grocery store, and drive-through
car wash will provide essential
goods and services to an area of
the City that currently lacks these
facilities along East Avenue R,
between State Route 14 and 47th
Street East. Notably, unlike most
projects of this scale, the grocery
store will not sell alcohol or
tobacco products. Instead, it will
offer pre-packaged food and
snacks as defined by the PMC.
The grocery store will create
employment opportunities for
residents in Palmdale by having
15 employees.
In addition, the proposed project
will enable the development of a
portion of a currently vacant site
that is surrounded by existing
development, has access to
necessary infrastructure, and is
not hindered by significant
topographic constraints.
LUD-2.2 Preferred
Development
Patterns. In
considering requests
to amend the Land
Use Map, encourage
proposals for
development in those
areas which are
functionally
connected to
developed portions of
the city, have
available
infrastructure, and do
not have significant
topographic or
jurisdictional barriers,
or other similar
constraints.
Report to Mayor and City Council
Re: Ord. No. 1652 and Reso. No. CC 2025-011
March 4, 2025
TABLE 2 - GENERAL PLAN CONSISTENCY (CONTINUED)
Element Goal, Objective, or
Policy
Standard
Met?
Justification*
Circulation
and Mobility
CM-7.1 Emerging
mobility. Support new
and emerging
mobility innovations
that are focused on
improving equitable
distribution of mobility
services.
Yes The proposed project promotes
new and emerging mobility
innovations by incorporating four
pumps that will provide hydrogen
fuel, supporting the future of
hydrogen energy. This project is
the first of its kind in the City of
Palmdale.
*Justification is based on a review by the case planner of the plans date stamped ‘Received May 16, 2024’.
Site Layout
FIGURE 2 - SITE PLAN
25thStreet East
Report to Mayor and City Council
Re: Ord. No. 1652 and Reso. No. CC 2025-011
March 4, 2025
TABLE 3 - PALMDALE MUNICIPAL CODE STANDARDS
Standard Standard
Met?
Justification*
Lot size Minimum: 10,000
square feet
(PMC Table
17.48.010-1.
Development
Standards -
Commercial/Office
Zones)
Yes Parcel 1: 131,780 square feet
(3.03 acres)
Parcel 2: 110,675 square feet
(2.5 acres)
Setbacks Front: 5 feet
Rear: 20 feet abutting
residential
Interior side: zero
Street side: five feet
(PMC Table
17.48.010-1.
Development
Standards -
Commercial/Office
Zones)
Front: 186 feet, four inches
Rear: 120 feet, four inches
Interior side: 41 feet, two inches
Street side: 79 feet, nine inches
Building
Height
Maximum building
height: 35 feet
(PMC Table
17.48.010-1.
Development
Standards -
Commercial/Office
Zones)
Grocery store: 27 feet
Fuel canopy: 19 feet, six inches
Drive-through carwash: 18 feet
Hydrogen structure: 12 feet,
eight inches
Landscaping Landscaping shall
meet all the water
efficient requirements
and native vegetation
shall be preserved
where possible.
(PMC Chapter 14.05,
and PMC Section
17.86.010)
Yes As specified within the draft
Conditions of Approval, all
landscaping will be installed in
compliance with the PMC and
native vegetation will be
managed in compliance with the
preservation plan required for
the project.
Report to Mayor and City Council
Re: Ord. No. 1652 and Reso. No. CC 2025-011
March 4, 2025
TABLE 3 - PALMDALE MUNICIPAL CODE STANDARDS (CONTINUED) Standard Standard
Met?
Justification*
Parking Grocery store: 25
spaces for the first
5,000 square feet;
plus 4 spaces for
every 1,000 square
feet above 5,000
square feet
Car wash: two
spaces for every
service bay or lane
Fueling station: one
space for every
employee (PMC
Section 17.87.060)
Yes Grocery store: 33 are required
and 34 are provided
Car wash: two spaces are
required and two are provided
Fueling station: three are
required and four are provided
*Justification is based on a review by the case planner of the plans date stamped ‘Received May 16, 2024’.
Access/Circulation
A traffic study was prepared for the proposed project, which evaluated the traffic impacts of the development, and it was determined that the traffic impacts are negligible. Street improvements will be constructed along 25th Street East and partially along East Avenue R to ensure proper access to the site from both roads. In addition, the applicant is required to coordinate with Antelope Valley Transit Authority (AVTA) to ensure the Proposed Project does not interfere with transit service. The City Engineer and the Los Angeles County Fire Department have reviewed the project and confirmed that it is designed to provide safe vehicular access and flow.
Air Quality
An air quality study was prepared for the proposed project, which evaluated the project's air quality impacts of the development. Construction-related impacts are odors that may be produced during the construction process that are short-term in nature, and the odor emissions are expected to cease upon the drying or hardening of the odor-producing materials. Operational impacts resulting from the proposed project would not exceed Antelope Valley Air Quality Management District (AVAQMD) thresholds for criteria Report to Mayor and City Council
Re: Ord. No. 1652 and Reso. No. CC 2025-011
March 4, 2025
pollutants or greenhouse gas emissions. Furthermore, the proposed project would comply with all AVAQMD rules and regulations that are applicable to the project.
Operations
The fueling station and grocery store will operate 24 hours daily and have three employees for each eight-hour shift. The grocery store will serve a combination of prepackaged snacks and goods and fresh, hot, and cold foods. Security cameras will be installed, and access will be shared with the Palmdale Sheriff's Station. In addition, the drive-through car wash will operate from sunrise to sunset.
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA), an Initial Study was prepared to determine whether the project would have a significant effect on the environment. The Initial Study analyzed the potential for environmental impacts, and all topics were found to have either no impact, a less than significant impact, or a less than significant impact with mitigation incorporated. Mitigation measures for biological resources, cultural resources, geology/soils, noise, and tribal cultural resources were included to reduce impacts to a less than significant level. As such, an MND and MMRP were prepared and circulated in accordance with CEQA Guidelines.
FISCAL IMPACT
$32,436.97; Revenues to the City in the amount of $32,436.97 reflect the fees paid by the applicant associated with applying. Approval of the proposed project facilitates future construction of a convenience store and fueling station on a vacant parcel which will increase revenue from Property tax and sales tax once construction is complete.
Report to Mayor and City Council
Re: Ord. No. 1652 and Reso. No. CC 2025-011
March 4, 2025
STRATEGIC PLAN
Goal IV: Maintain a desirable community where everyonewantstolive,work, and play.
A. Provide inclusive access to a variety of supportive services that build a resilient and healthy community.
Prepared by: Megan Taggart, Interim Director of Economic and Community Development
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENTS
Ord. No. 1652
Reso. No. CC 2025-011
CITY OF PALMDALE, A CHARTER CITY,
COUNTY OF LOS ANGELES, CALIFORNIA
ORDINANCE NO. 1652
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE, CALIFORNIA, APPROVING ZONE CHANGE 23-0003; A REQUEST TO MODIFY THE ZONE FROM MIXED USE 2 TO NEIGHBORHOOD
COMMERCIAL FOR FOUR PARCELS TOTALING APPROXIMATELY 5.69
ACRES LOCATED ON THE NORTHWEST CORNER OF EAST AVENUE
R AND 25TH STREET EAST (APN’S: 3018-028-023, -052, -053; AND -054) A. INTENT OF THE CITY COUNCIL:
1. Beyond Food Mart, has filed an application requesting City Council approval of Zone Change (ZC) 23-0003 to modify the zone of four parcels from Mixed Use 2 (MU 2) to Neighborhood Commercial (NC) (hereinafter referred to as “Application”).
2. The Application applies to 5.69 acres located on the northwest corner of East Avenue R and 25 th Street East, indicated on the Los Angeles County Assessor roll as Assessor’s Parcel Numbers: 3018-028-023, -052, -053; and -054 as legally described in Exhibit A hereto and shown on the map attached hereto as Exhibit B; and
3. On January 16, 2025, the Planning Commission of the City of Palmdale adopted Resolution No. PC-2025-001 recommending City Council approval of the Application; and,
4. On February 18, 2025, the City Council of the City of Palmdale continued the item to the March 4, 2025, City Council meeting based on feedback provided from the public related to air quality, traffic, and types of goods sold.
5. On March 4, 2025, the City Council of the City of Palmdale conducted a duly noticed public hearing. All legal prerequisites to the adoption of this ordinance have occurred.
B. ORDINANCE
THE CITY COUNCIL OF THE CITY OF PALMDALE DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby specifically finds that all the facts set forth in the Recitals, part A of this Ordinance, are true and correct.
SECTION 2 . The City Council hereby finds as follows with respect to the environmental document:
Ordinance No. 1652
A Pursuant to the California Environmental Quality Act (CEQA), an Initial Study was prepared to determine whether the project would have a significant effect on the environment. The Initial Study analyzed the potential for environmental impacts, and all topics were found to have either no impact, a less than significant impact, or a less than significant impact with mitigation incorporated. Mitigation measures for biological resources, cultural resources, geology/soils, noise, and tribal cultural resources were included to reduce impacts to a less than significant level.
As such, a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) were prepared and circulated in accordance with CEQA Guidelines.
B The custodian of records for the Initial Study, MND, MMRP, and all other materials that constitute the record of proceedings upon which the City Council decision is based is the Planning Manager of the City of Palmdale. These documents are available for public review in the Planning Division of the City of Palmdale located at 38250 Sierra Highway, Palmdale, California 93550, telephone (661) 267-5200.
SECTION 3. Based upon substantial evidence presented to the City Council during the above-referenced March 4, 2025, public hearing, including public testimony, and written and oral staff reports, this Council specifically finds as follows:
A The proposed Zoning Ordinance Amendment conforms with the goals, objectives, and policies of the General Plan. (ZC)
B The proposed Zoning Ordinance Amendment is necessary to implement the General Plan and to provide for public safety, convenience, and/or general welfare. (ZC)
The proposed project includes a ZC to modify the zone of a 5.69-acre vacant project area located at the northwest corner of East Avenue R and 25th Street East from MU 2 to NC to facilitate the construction of a ten- island fueling station, a 7,258-square-foot grocery store, and a 2,127- square-foot drive-through carwash. The proposed project complies with the City’s General Plan as outlined in Exhibit D and is necessary because it will provide access to goods and services that are not available to Ordinance No. 1652
Palmdale residents along Avenue R between State Route-14 and 47 th Street East.
SECTION 4. Based on the findings and conclusions set forth in Sections 1, 2, and 3 above, the City Council hereby approves ZC 23-0003 as provided within Exhibit C and finds that the project is consistent with the MND.
SECTION 5 . Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective, provided the basic purposes of this Ordinance and the benefits to the City and the public are not substantially impaired.
SECTION 6. All legal prerequisites and pre-conditions to introducing, enacting, and adopting this Ordinance have occurred as required by law and policy.
Ordinance No. 1652
SECTION 7. The City Clerk shall certify the adoption of this ordinance and shall cause this ordinance to be published or posted as required by law.
PASSED, APPROVED and ADOPTED this 4th day of March, 2025. ________________________________
Approved as to form: Richard J. Loa, Mayor
ATTEST:
___________________________ ________________________________ William P. Curley, III Rochelle Scott, City Clerk
City Attorney
I, Rochelle Scott, City Clerk of the City of Palmdale, California, do hereby certify that the foregoing Ordinance was duly introduced, passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 4th day of March, 2025, effective on the 3 rd day of April, 2025, by the following roll call vote:
AYES:
NOES: ___________________________________________________________ ABSTAIN: ______________________ABSENT: ___________________________ Date:
Rochelle Scott, City Clerk
EXHIBIT A
LEGAL DESCRIPTION FOR ZC 23-0003
REAL PROPERTY IN THE CITY OF PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL A: (APN: 3018-028-052 (PARCEL 1), APN: 3018-028-053 (PARCEL 2), APN: 3018-028-054 (PARCELS 3, 4 AND 5))
PARCELS 1, 2, 3, 4 AND 5 OF PARCEL MAP NO. 2526, IN THE CITY OF
PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 59 PAGE 100 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL B: ALL EASEMENTS APPURTENANT TO SAID PARCEL A PROVIDED FOR IN THAT CERTAIN INSTRUMENT ENTITLED: “CONSTRUCTION, OPERATION AND RECIPROCAL EASEMENT AGREEMENT” DATED FEBRUARY 14, 1973 EXECUTED BY THE UHLMANN OFFICES, INC., RECORDED FEBRUARY 26, 1973 AS DOCUMENT NO. 549, OVER PARCEL 2 OF PARCEL MAP NO. 2526, IN THE
CITY OF PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 59, PAGE 100 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL C: (APN: 3018-028-023) PARCEL 1 OF PARCEL MAP NO. 2069, IN THE
CITY OF PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 33, PAGE 76 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXHIBIT B
AERIAL MAP FOR ZC 23-0003
Project Site
East Avenue R
25thStreet East
EXHIBIT C
EXISTING ZONING
Mixed Use 2
Exhibit C
PROPOSED ZONING
Neighborhood
Commercial
EXHIBIT D
GENERAL PLAN CONSISTENCY
Element Goal, Objective, or
Policy
Standard
Met?
Justification*
Land Use
and
Community
Design
LUD-1.1 Balanced
Land Uses. Maintain
a balanced land use
pattern to support a
broad range of
housing choices,
retail businesses,
employment
opportunities,
educational and
cultural institutions,
entertainment
spaces, and other
supportive uses
within long-
established Palmdale
neighborhoods and
new growth areas.
Yes The proposed fueling station,
grocery store, and drive-
through car wash will provide
essential goods and services to
an area of the City that
currently lacks these facilities
along East Avenue R, between
State Route 14 and 47th Street
East. Notably, unlike most
projects of this scale, the
grocery store will not sell
alcohol or tobacco products.
Instead, it will offer pre-
packaged food and snacks as
defined by the PMC. The
grocery store will create
employment opportunities for
residents in Palmdale by having
15 employees.
In addition, the proposed
project will enable the
development of a portion of a
currently vacant site that is
surrounded by existing
development, has access to
necessary infrastructure, and is
not hindered by significant
topographic constraints.
LUD-2.2 Preferred
Development
Patterns. In
considering requests
to amend the Land
Use Map, encourage
proposals for
development in those
areas which are
functionally
connected to
developed portions of
the city, have
available
infrastructure, and do
not have significant
topographic or
jurisdictional barriers,
or other similar
constraints.
Exhibit D
GENERAL PLAN CONSISTENCY (CONTINUED)
Element Goal, Objective, or
Policy
Standard
Met?
Justification*
Circulation
and Mobility
CM-7.1 Emerging
mobility. Support new
and emerging
mobility innovations
that are focused on
improving equitable
distribution of mobility
services.
Yes The proposed project promotes
new and emerging mobility
innovations by incorporating
four pumps that will provide
hydrogen fuel, supporting the
future of hydrogen energy. This
project is the first of its kind in
the City of Palmdale.
*Justification is based on a review by the case planner of the plans date stamped ‘Received May 16, 2024’.
CITY COUNCIL
CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2025-011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE APPROVING GENERAL PLAN AMENDMENT 23-0003, TENTATIVE
PARCEL MAP 84001, CONDITIONAL USE PERMIT 22-006 AND SITE PLAN REVIEW 22-007; A REQUEST TO FACILITATE THE
CONSTRUCTION OF A TEN-ISLAND FUELING STATION, A 7,258-
SQUARE-FOOT GROCERY STORE, AND A 2,127-SQUARE-FOOT
DRIVE-THROUGH CARWASH LOCATED ON THE NORTHWEST
CORNER OF EAST AVENUE R AND 25 TH STREET EAST AND
ADOPTING THE MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING AND REPORTING PROGRAM PREPARED
FOR THE PROJECT (APN’S: 3018-028-023, -052, -053; AND -054) WHEREAS, Beyond Food Mart, has filed an application requesting City Council approval of General Plan Amendment (GPA) 23-0003, Tentative Parcel Map (TPM) 84001, Conditional Use Permit (CUP) 22-006 and Site Plan Review (SPR) 22-007 (hereinafter referred to as “Application”); and
WHEREAS, the Application applies to 5.69 acres located on the northwest corner of East Avenue R and 25 th Street East, indicated on the Los Angeles County Assessor Roll as Assessor Parcel Numbers: 3018-028-023, -052, -053 and -054, as legally described in Exhibit A hereto and shown on the map attached hereto as Exhibit B.
WHEREAS, on January 16, 2025, the Planning Commission of the City of Palmdale adopted Resolution No. PC-2025-001 recommending City Council approval of the application; and,
WHEREAS, on February 18, 2025, the City Council of the City of Palmdale continued the item to the March 4, 2025, City Council meeting based on feedback provided from the public related to air quality, traffic, and types of goods sold.
WHEREAS, on March 4, 2025, the City Council of the City of Palmdale conducted a duly noticed public hearing on the Application and concluded said hearing on that date.
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
Resolution No. CC 2025-011
NOW THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF
PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE, AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby specifically finds that all the facts set forth in the Recitals of this Resolution are true and correct.
SECTION 2. The City Council hereby finds as follows with respect to the environmental documentation prepared for the application:
A. Pursuant to the California Environmental Quality Act (CEQA), an Initial Study was prepared to determine whether the project would have a significant effect on the environment. The Initial Study analyzed the potential for environmental impacts, and all topics were found to have either no impact, a less than significant impact, or a less than significant impact with mitigation incorporated. Mitigation measures for biological resources, cultural resources, geology/soils, noise, and tribal cultural resources were included to reduce impacts to a less than significant level.
As such, a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) as provided within Exhibit F were prepared and circulated in accordance with CEQA Guidelines.
B. The custodian of records for the Initial Study, MND, Mitigation Monitoring and Reporting Program, and all other materials that constitute the record of proceedings upon which the City Council’s decision is based is the Planning Manager of the City of Palmdale. These documents are available for public review in the Planning Division of the City of Palmdale located at 38250 Sierra Highway, Palmdale, California 93550, telephone (661) 267-5200.
SECTION 3. Based upon substantial evidence presented to the City Council during the above-referenced March 4, 2025, public hearing, including public testimony, and written and oral staff reports, the City Council specifically finds as follows:
A. The proposed change in land use is consistent with State law. (GPA) B. The amendment is reasonable and beneficial. (GPA)
Resolution No. CC 2025-011
C. The proposed subdivision, together with the provisions for its design and improvement, shall be consistent and compatible with the maps, goals, objectives, and policies of the General Plan, Zoning Ordinance, and any applicable specific plan. (TPM)
D. The site is physically suitable for the type and proposed density of development proposed by the tentative map. (TPM)
E. The proposed use is consistent with the goals, policies, and objectives of the General Plan. (CUP)
F. The proposed use is beneficial and desirous to the community and is consistent with the purpose, intent, and standards of this Title and other applicable ordinances and codes adopted by the city. (CUP) G. No application for site plan review shall be approved by the Review Authority unless the design and layout of the proposed project or structures, in its final submitted form, or as conditioned, meets all the following criteria, and the development is consistent with: (SPR)
1. The City’s General Plan and any applicable Specific Plan.
2. The development standards set forth in this Title; and
3. Any applicable design guidelines.
The proposed project includes a General Plan Amendment to modify the land use designation of a 5.69-acre vacant project area located at the northwest corner of East Avenue R and 25 th Street East from Mixed Use 2 to Neighborhood Commercial to facilitate the construction of a ten- island fueling station, a 7,258-square-foot grocery store, and a 2,127- square-foot drive-through carwash.
In addition, the project includes a TPM for the subdivision of the subject site, a CUP for the fueling station and drive-through car wash use, and an SPR for the grocery store and development of the site. The project has been designed to comply with the City’s General Plan and the development standards within the Zoning Ordinance as described in Exhibits C and D. The project is desirous for the Palmdale community Resolution No. CC 2025-011
because, unlike most projects of this scope, the proposed grocery store that is associated with the fueling station will offer pre-packaged foods and snacks but does not include the sale of alcohol or tobacco products.
The grocery store will provide goods and services to the surrounding neighborhood and its customers. In addition, the fueling station will include four hydrogen fueling pumps and will be the first of its kind within the City of Palmdale.
H. The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a land conservation act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use. (TPM)
A review of the preliminary title report for the subject property revealed that the property in question has not been included in the California Land Conservation Act of 1965, and therefore, the TPM is not subdividing land that is subject to a contract.
I. The design of the subdivision and the proposed improvements, with Conditions of Approval, are either: (TPM)
1. Not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, or
2. The design of the subdivision and the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, but an Environmental Impact Report has been prepared, and a Statement of Overriding Considerations has been adopted, pursuant to Public Resources Code Section 21081(c), finding that specific economic, social or other considerations make it not feasible to adopt the mitigation measures or project alternatives identified in the Environmental Impact Report.
An Initial Study was prepared to determine whether the project would have a significant impact on the environment. As such an MND and MMRP were prepared for the project as outlined within Exhibit F and found that the project with the incorporation of mitigation measures will Resolution No. CC 2025-011
not have a substantial impact on fish or wildlife of their habitat as outlined within the Conditions of Approval provided within Exhibit E.
J. The design of the subdivision and the type of improvements are not likely to cause serious public health and safety problems. (TPM) K. The tentative map design provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. (TPM) L. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of the private property within the proposed subdivision, or the design of the subdivision and the type of improvements will conflict with the easements acquired by the public at large for access through or use of property within the proposed subdivision but alternate easements which are substantially equivalent to those previously acquired by the public will be provided. (TPM)
M. The proposed subdivision, including any proposed phasing, represents orderly development of the project site and surrounding area. (TPM) N. The proposed use and the ongoing operation of the use will not have a substantial adverse effect on abutting property or the allowed use thereof and will not generate excessive noise, vibration, traffic, or other disturbances, nuisances, or hazards. (CUP)
O. The site for the proposed use has adequate pedestrian and vehicular access. (CUP)
Curb, gutter, and sidewalk improvements will be installed partially along East Avenue R and 25 th Street East. The draft Conditions of Approval for the project require the construction of sidewalk improvements, submission of a Stormwater Pollution Prevention Plan, and adequate sanitary disposal facilities on-site during all phases of construction. Also, the discharge of waste from the proposed development into an existing community sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board because the applicant is required to comply with all Conditions of Approval, which requires a public sanitary sewer system as the only method of sewage disposal. The proposed project consists of a fueling Resolution No. CC 2025-011
station, grocery store, and drive-through carwash and clear signage directing vehicles and pedestrians through the drive-through lanes will be installed on the project site for safety and optimal circulation. Additionally, the applicant will be required to comply with all Conditions of Approval and all applicable local, State, and Federal laws. Also, Conditions of Approval have been included within the draft Resolution to ensure the avoidance of nuisances, such as loitering and removal of litter daily.
Therefore, the proposed project is not expected to adversely affect nearby property. Furthermore, the preliminary title report does not indicate that the subdivision will conflict with easements, and the proposed project is designed with adequate dimensions to maximize the opportunities for passive and natural heating and cooling. Each lot meets or exceeds the minimum size, width, and depth requirements as specified within Exhibit D.
SECTION 4. Based on the findings and conclusions set forth in Sections 1, 2, and 3 above, the City Council hereby approves GPA 23-0003, TPM 84001, CUP 22-006, and SPR 22-007, subject to the Conditions of Approval as outlined within Exhibit E and adopts the MND and MMRP as outlined within Exhibit F.
Resolution No. CC 2025-011
SECTION 5. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED and ADOPTED this 4th day of March, 2025. _________________________________
Approved as to form: Richard J. Loa, Mayor
ATTEST:
___________________________ _________________________________ William P. Curley, III Rochelle Scott, City Clerk
City Attorney
I, Rochelle Scott, City Clerk of the City of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 4 th day of March 2025, by the following roll call vote:
AYES:
NOES: ___________________________________________________________ ABSTAIN: ______________________ABSENT: ___________________________ Date:
Rochelle Scott, City Clerk
EXHIBIT A
LEGAL DESCRIPTION FOR
GPA 23-0003, TPM 84001, CUP 22-006, AND SPR 22-007
REAL PROPERTY IN THE CITY OF PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL A: (APN: 3018-028-052 (PARCEL 1), APN: 3018-028-053 (PARCEL 2), APN:
3018-028-054 (PARCELS 3, 4 AND 5))
PARCELS 1, 2, 3, 4 AND 5 OF PARCEL MAP NO. 2526, IN THE CITY OF
PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 59 PAGE 100 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL B: ALL EASEMENTS APPURTENANT TO SAID PARCEL A PROVIDED FOR IN THAT CERTAIN INSTRUMENT ENTITLED: “CONSTRUCTION, OPERATION AND RECIPROCAL EASEMENT AGREEMENT” DATED FEBRUARY 14, 1973 EXECUTED BY THE UHLMANN OFFICES, INC., RECORDED FEBRUARY 26, 1973 AS DOCUMENT NO. 549, OVER PARCEL 2 OF PARCEL MAP NO. 2526, IN THE
CITY OF PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 59, PAGE 100 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL C: (APN: 3018-028-023) PARCEL 1 OF PARCEL MAP NO. 2069, IN THE
CITY OF PALMDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 33, PAGE 76 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXHIBIT B
AERIAL MAP FOR GPA 23-0003, TPM 84001, CUP 22-006, AND SPR 22-007 East Avenue R
Project Site
25thStreet East
Exhibit B
EXISTING GENERAL PLAN LAND USE DESIGNATION
Mixed Use 2
Exhibit B
PROPOSED GENERAL PLAN LAND USE DESIGNATION
Neighborhood
Commercial
EXHIBIT C
GENERAL PLAN CONSISTENCY TABLE
Element Goal, Objective, or
Policy
Standard
Met?
Justification*
Land Use
and
Community
Design
LUD-1.1 Balanced
Land Uses. Maintain
a balanced land use
pattern to support a
broad range of
housing choices,
retail businesses,
employment
opportunities,
educational and
cultural institutions,
entertainment
spaces, and other
supportive uses
within long-
established Palmdale
neighborhoods and
new growth areas.
Yes The proposed fueling station,
grocery store, and drive-
through car wash will provide
essential goods and services to
an area of the City that
currently lacks these facilities
along East Avenue R between
State Route 14 and 47th Street
East. Notably, unlike most
projects of this scale, the
grocery store will not sell
alcohol or tobacco products.
Instead, it will offer pre-
packaged food and snacks as
defined by the PMC. The
grocery store will create
employment opportunities for
residents in Palmdale by having
15 employees.
In addition, the proposed
project will enable the
development of a portion of a
currently vacant site that is
surrounded by existing
development, has access to
necessary infrastructure, and is
not hindered by significant
topographic constraints.
LUD-2.2 Preferred
Development
Patterns. In
considering requests
to amend the Land
Use Map, encourage
proposals for
development in those
areas which are
functionally
connected to
developed portions of
the city, have
available
infrastructure, and do
not have significant
topographic or
jurisdictional barriers,
or other similar
constraints.
Exhibit C
GENERAL PLAN CONSISTENCY TABLE (CONTINUED)
Element Goal, Objective,
or Policy
Standard
Met?
Justification*
Circulation
and Mobility
CM-7.1 Emerging
mobility. Support
new and emerging
mobility
innovations that
are focused on
improving
equitable
distribution of
mobility services.
Yes The proposed project promotes
new and emerging mobility
innovations by incorporating
four pumps that will provide
hydrogen fuel, supporting the
future of hydrogen energy. This
project is the first of its kind in
the City of Palmdale.
*Justification is based on a review by the case planner of the plans date stamped ‘Received May 16, 2024’.
EXHIBIT D
PALMDALE MUNICIPAL CODE STANDARDS
Standard Standard
Met?
Justification*
Lot size Minimum: 10,000
square feet
(PMC Table
17.48.010-1.
Development
Standards -
Commercial/Office
Zones)
Yes Parcel 1: 131,780 square feet
(3.03 acres)
Parcel 2: 110,675 square feet
(2.5 acres)
Setbacks Front: 5 feet
Rear: 20 feet
abutting residential
Interior side: zero
Street side: five feet
(PMC Table
17.48.010-1.
Development
Standards -
Commercial/Office
Zones)
Front: 186 feet, four inches
Rear: 120 feet, four inches
Interior side: 41 feet, two
inches
Street side: 79 feet, nine
inches
Building
Height
Maximum building
height: 35 feet
(PMC Table
17.48.010-1.
Development
Standards -
Commercial/Office
Zones)
Grocery store: 27 feet
Fuel canopy: 19 feet, six
inches
Drive-through carwash: 18 feet
Hydrogen structure: 12 feet,
eight inches
Landscaping Landscaping shall
meet all the water
efficient
requirements and
native vegetation
shall be preserved
where possible.
(PMC Chapter
14.05, and PMC
Section 17.86.010)
Yes As specified within the draft
Conditions of Approval, all
landscaping will be installed in
compliance with the PMC and
native vegetation will be
managed in compliance with
the preservation plan required
for the project.
Exhibit D
PALMDALE MUNICIPAL CODE STANDARDS (CONTINUED)
Standard Standard
Met?
Justification*
Parking Grocery store: 25
spaces for the first
5,000 square feet;
plus 4 spaces for
every 1,000 square
feet above 5,000
square feet
Car wash: two
spaces for every
service bay or lane
Fueling station: one
space for every
employee (PMC
Section 17.87.060)
Yes Grocery store: 33 are required
and 34 are provided
Car wash: two spaces are
required and two are provided
Fueling station: three are
required and four are provided
*Justification is based on a review by the case planner of the plans date stamped ‘Received May 16, 2024’.
EXHIBIT E
CONDITIONS OF APPROVAL FOR
TENTATIVE PARCEL MAP 84001
CONDITIONAL USE PERMIT 22-006
SITE PLAN REVIEW 22-007
APPROVAL DATE: MARCH 4, 2025
EFFECTIVE DATE: MARCH 4, 2025
EXPIRATION DATE: MARCH 4, 2028
These Conditions of Approval apply to Tentative Parcel Map (TPM) 84001, Conditional Use Permit (CUP) 22-006, and Site Plan Review (SPR) 22-007 for the modification of the General Plan Land Use designation and zone from Mixed Use 2 to Neighborhood Commercial and subdivision of 5.69 acres into two lots to facilitate the construction of a ten-island fueling station, a 7,258-square-foot grocery store, and a 2,127-square-foot drive-through carwash located on the northwest corner of East Avenue R and 25 th Street East (APN’s: 3018-028-023, -052, -053; and -054). Any proposed change of use or expansion of the area or modifications to the site plan or structures shall be submitted to the Planning Division, along with the required application and fee, for review. For the purpose of these conditions, the term “applicant” shall also mean the developer, the owner or any successor(s) in interest to the terms of this approval. For the purposes of these conditions, an * indicates that the condition is a mitigation measure.
GENERAL CONDITIONS:
1 Tentative Parcel Map 84001, Conditional Use Permit 22-006, and Site Plan Review 22-007 shall be inaugurated within three years or it shall automatically expire on TBD. This approval is based on the plans date stamped, ‘Received May 16, 2024’. The project shall be considered inaugurated if applicable grading and/or building permits have been issued, construction is initiated, and ongoing.
Cessation of construction activity for over 180 days will result in the lapse of this approval. (P)
2 This approval shall not become effective for any purposes until any appeal period has passed and the applicant has filed at the office of the Planning Division their notarized affidavit stating that they agree to and accept all of the Conditions of Approval as approved by the Reviewing Authority as set forth in Resolution No.
PC-2025-001. (P)
3 Should this project not be inaugurated during the initial approval period, an extension of time not to exceed an additional two years for CUP 22-006 and SPR 22-007 and as allowed by the Subdivision Map Act for TPM 84001 may be Exhibit E
granted by the Review Authority. Applications for time extensions must be filed a minimum of 90 days prior to the expiration date. Requests for time extensions must be accompanied by a formal application, all required exhibits and plans, and required application fees. (P)
4 This approval shall become null and void if a final map has not been timely filed prior to the expiration date in accordance with provisions of the Subdivision Map Act. An extension of time may be granted by the Review Authority upon submittal of a formal application, required exhibits and appropriate fees in accordance with the 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 the Los Angeles County Clerk in the amount of $2,968.75 for the environmental filing fee in compliance with the California Environmental Quality Act (CEQA) Guidelines.
Furthermore, if the California Department of Fish and Wildlife (CDFW) determines that this project is not exempt from a filing fee imposed pursuant to Fish and Wildlife Code Section 711.4 because the project has more than a de Minimis impact on fish and wildlife, then the applicant shall also pay to CDFW any fee and any fine which the Department determines to be owed. (P) 6 This Tentative Parcel Map 84001 is granted for all boundary lines, easements, rights-of-way, and construction of off-site improvements as shown on the map date stamped ‘Received May 16, 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 As provided in Section 66498.1(b) of the Subdivision Map Act, the applicant shall comply with all requirements of the PMC, all requirements of City ordinances, resolutions, and all standards and policies that were in effect at the time that the applicant’s application for a Vesting Tentative Map was deemed complete.
Furthermore, as provided in Government Code Section 66498.1(e), as amended, the City may impose conditions on subsequently required approvals and permits as authorized by the PMC, and other applicable ordinances, resolutions, engineering standards, and policies.
Exhibit E
9 The applicant shall defend, indemnify, and hold harmless the City its elected and appointed officials, officers, employees, and agents from and against any claim, action, or proceeding against the City, its elected and appointed officials, officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City concerning this project, including but not limited to any approval or condition of approval of the Review Authority. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its elected and appointed officials, officers, employees, and agents in the defense of the matter. (P)
10 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) 11 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)
12 The use shall meet the standards and shall be developed within the limits established by the PMC related to emissions of noise, odor, dust, vibration, wastes, fumes, or any public nuisances arising or occurring incidental to the establishment or operation. (P)
13 The applicant shall be responsible for the ongoing 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)
14 When exhibits and written Conditions of Approval are inconsistent, the written conditions shall prevail. (P)(E)
15 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 Tentative Parcel Map and SPR approval is subject to the applicant’s acceptance Exhibit E
of the City requirements for the 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)
16 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)
17 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)
18 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)
19 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) 20 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) 21 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)
21.1 Water District
21.2 Southern California Edison
21.3 Southern California Gas Company
21.4 AT&T
21.5 Cable TV
22 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)
Exhibit E
23 Parcels with less than 150 feet of frontage shall provide joint access subject to the approval of the City Engineer. (TE)
24 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)
THE FOLLOWING CONDITIONS SHALL BE ADDRESSED WITH THE SUBMITTAL OF GRADING PLANS OR PRIOR TO ISSUANCE OF A GRADING PERMIT:
25 The site plan shall identify interior traffic flow pattern. (TE) 26 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. The design of these areas shall be reviewed and approved by the applicable City departments and shall comply with Title 24 Handicapped Accessibility Standards and City Building Codes, current edition. (TE) 27 The site plan shall indicate the alignment of all adjacent streets, turn lanes, medians, bus turnouts, and location of project entrance(s), drive aisles, traffic control devices, sidewalks, landscape setbacks, and location of other infrastructure. (TE)
28 The applicant shall coordinate with the City and the Antelope Valley Transit Authority (AVTA) to ensure right-of-way and street construction shall include provision of bus stop amenities (shelter/bench and trash can) unless AVTA deems such is not necessary. Design shall be subject to the approval of the City Engineer and AVTA. (TE)
29 *Nesting bird surveys shall be conducted by a qualified Biologist three days prior to any construction activities taking place during the nesting season to avoid potentially taking any birds or active nests. Surveys shall be conducted within 500 feet of the Project site. In general, impacts to all bird species (common and special status) will be avoided by conducting work outside of the nesting season (generally February 1st to September 15th), and conducting a worker awareness training. If an active nest is identified, a buffer shall be established between the construction activities and the nest so that nesting activities are not interrupted.
Avoidance buffers will be 100 feet for common avian species, 300 feet for listed or highly sensitive species, and 500 feet for raptors. The buffer should be delineated by temporary fencing and remain in effect as long as construction is occurring. No Project construction shall occur within the fenced nest zone until the young have fledged, are no longer being fed by the parents, have left the nest, and will no longer be impacted by the Project. Reductions in the nest buffer Exhibit E
distance may be appropriate depending on the avian species involved, ambient levels of human activity, screening vegetation, or possibly other factors. (P) 30 *If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project. (P)
31 *Prior to initiation of any grading, drilling, and/or excavation activities, a PRIMP shall be approved by the City and the construction contractor shall hold a preconstruction meeting to be attended by the paleontologist of record, representatives of the grading contractor and subcontractors, the project owner or developer, and a representative of the lead agency. The nature of potential paleontological resources shall be discussed, as well as the protocol that is to be implemented following the discovery of any fossiliferous materials. (P) 32 *Monitoring of mass grading and excavation activities in areas identified as likely to contain paleontological resources shall be performed by a qualified/project paleontologist or paleontological monitor. Monitoring shall be performed starting at the surface on a full-time basis; Holocene alluvial deposits should be monitored part-time at the discretion of the project paleontologist. The timing and duration of the monitoring of excavation activities within the alluvial fan deposits shall be at the discussion of the project paleontologist based on the geological conditions observed by the paleontological monitor and/or the project paleontologist. (P)(E)
33 *Paleontological monitors will be equipped to salvage fossils as they are unearthed to avoid construction delays. The monitor must be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens in a timely manner. Monitoring may be reduced if the potentially fossiliferous units are not present in the subsurface or, if present, are determined upon exposure and examination by qualified paleontological personnel to have low potential to contain fossil resources. The monitor shall notify the project paleontologist, who will then notify the concerned parties of the discovery. (P)(E) 34 *A final monitoring and mitigation report of findings and significance will be prepared, including lists of all fossils recovered and necessary maps and graphics to accurately record their original location(s). The report, when submitted to and accepted by the appropriate lead agency, will signify satisfactory completion of the project program to mitigate impacts to any potential nonrenewable paleontological resources (i.e., fossils) that might have been lost or otherwise adversely affected without such a program in place. (P) Exhibit E
35 *In the Event of an Inadvertent Discovery - If cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60- foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards retained by the project applicant shall assess the find. Work on the portions of the Projects outside of the buffered area may continue during this assessment period. Should the find be deemed significant, as defined by CEQA (as amended, 2015), the Project applicant shall retain a professional Tribal Monitor procured by the FTBMI to observe all remaining ground-disturbing activities including, but not limited to, clearing, grading, excavating, digging, trenching, plowing, drilling, tunneling, quarrying, leveling, driving posts, auguring, blasting, stripping topsoil or similar activity, and archaeological work. (P)(E) 36 *Disposition and Treatment of Inadvertent Discoveries - The Lead Agency and/or applicant shall, in good faith, consult with the FTBMI on the disposition and treatment of any Tribal Cultural Resource encountered during all ground- disturbing activities. (P)
37 *In the Event of Inadvertent Discovery, Human Remains - If human remains or funerary objects are encountered during any activities associated with the Project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease, and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code shall be enforced for the duration of the Project. Inadvertent discoveries of human remains and/or funerary object(s) are subject to California State Health and Safety Code Section 7050.5, and the subsequent disposition of those discoveries shall be decided by the Most Likely Descendant (MLD), as determined by the Native American Heritage Commission (NAHC), should those findings be determined as Native American in origin. (P) 38 *In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, the Yuhaaviatam of San Manuel Nation Cultural Resources Department (YSMN) shall be contacted, as detailed within TCR-7, regarding any pre-contact finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find so as to provide Tribal input with regards to significance and treatment. (P)
39 *If significant pre-contact cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to YSMN for review and comment, as detailed within TCR-7. The archaeologist Exhibit E
shall monitor the remainder of the project and implement the Plan accordingly. (P)
40 *The Yuhaaviatam of San Manuel Nation Cultural Resources Management Department (YSMN) shall be contacted, as detailed in TCR-4, of any pre-contact cultural resources discovered during project implementation, and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a Cultural Resources Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with YSMN, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents YSMN for the remainder of the project, should YSMN elect to place a monitor on-site. (P)
41 *Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to YSMN. The Lead Agency and/or applicant shall, in good faith, consult with YSMN throughout the life of the project. (P)
Site and Architectural Design
42 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)
42.1 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.
42.2 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 another method as approved by the Planning Manager.
42.3 The location and method of screening for all roof-mounted equipment shall be demonstrated, including but not limited to air conditioning and heating Exhibit E
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.
42.4 Exterior ladders providing roof access and exterior downspouts shall be prohibited. Access to the roof and all gutters/downspouts shall be concealed within buildings.
42.5 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.
42.6 The location and enclosure details of refuse containment areas are to be in compliance with 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.
Lighting
42.7 The photometric lighting plan for parking areas shall comply with applicable standards contained in the PMC Section 17.86.030 (Outdoor Lighting).
42.8 All exterior lighting shall be decorative and appropriate for the architecture of the associated building. Light fixtures shall comply with PMC Section
17.86.030 (Outdoor Lighting) and shall not project above the fascia or roof line of the building.
42.9 Buildings shall have exterior security lighting fixtures or wall packs installed that are protected by a weather and vandal-resistant covering.
Exhibit E
Security lighting must follow the specifications of the PMC Section
17.86.030 (Outdoor Lighting).
42.10 Parking lot lighting shall comply with applicable standards contained in the PMC and shall not be obstructed by trees or other landscaping.
42.11 Pedestrian walkways shall have sufficient decorative pathway lighting.
42.12 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.
42.13 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.
Circulation/Parking Safety and Loading Areas
42.14 The site plan shall identify the interior traffic flow pattern.
42.15 Driveways shall have a minimum radius of 15 feet.
42.16 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. The design of these areas shall be reviewed and approved by the applicable City departments and shall comply with Title 24 Accessibility Standards and current City Building Codes.
42.17 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.
42.18 All walkways perpendicular to parking stalls shall be a minimum of seven feet in width.
Exhibit E
Use Related
42.19 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
43 The landscape plans shall comply with all provisions of PMC Chapter 14.05 (Water Efficient Landscape and City Landscaping Standards). (E) 44 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 is 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 include, but not be limited to, the following items: (P)(E)(PS)
44.1 Trees in the parkways shall not exceed a spacing approved by the City Engineer for the species proposed.
44.2 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.
44.3 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.
44.4 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 Exhibit E
feet, a six-foot diameter shall be used when graphically indicating the plant material on the plan).
44.5 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.
44.6 All slopes steeper than 3:1 shall be landscaped for erosion control per the Engineering Design Standards.
44.7 Backflow devices shall be screened with a solid Le Meur cover or equivalent and landscaping.
44.8 All plant material sizes and calipers shall conform to the American Standard for Nursery Stock, ANSI (Z60.1) 2014.
44.9 Landscaping shall be provided within parking areas so that at least 15 percent of the surface area of the parking lot is landscaped (excluding perimeter and front setback landscaping). Landscaping shall be dispersed throughout the parking lot to provide shade throughout the lot.
44.10 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.
44.11 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.
44.12 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.
44.13 Wheel stops or curbs shall be placed a minimum of 30 inches away from the trunk of any tree.
44.14 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 Exhibit E
where parking rows directly abut buildings, sidewalks, wall, or similar features.
44.15 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.
44.16 Landscape islands shall not extend closer than three feet from the aisle end of the adjacent parking space(s).
44.17 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.
44.18 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 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.
44.19 Landscaping along the western and northern property lines 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.
44.20 Parking areas located adjacent to Avenue R 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.
44.21 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.
44.22 On-site landscaping should not provide hiding places. Limit surrounding landscaping to low-growth plants no higher than two feet.
44.23 Trees that will not block area surveillance or light distribution shall be utilized. Tree canopies shall be no lower than six feet.
Exhibit E
44.24 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.
45 Slope erosion control and street trees shall be installed to the satisfaction of the City Engineer. (E)
Project Grading/Wall/Fences Requirements
46 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 easements of record and copies of all easements/declaration instruments referenced within the report. (E)
47 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)
47.1 *Northerly Boundary - The applicant shall provide a six-foot-high decorative wall constructed of concrete masonry wall as described in mitigation measure N-1.
47.2 Westerly Boundary - The applicant shall provide a six-foot-high decorative wall constructed of concrete masonry wall.
47.3 If a wall is not proposed, where commercial or industrial property share a property line with a commercially or industrially designated property, a minimum of a six-inch wide concrete mow strip shall be provided.
47.4 All corner lots shall contain a decorative masonry block wall on the street side of the lot.
47.5 All interior property line walls, if proposed, shall be constructed of masonry, wrought iron, durable vinyl, or other similar durable materials as approved by the Planning Manager.
47.6 Proposed retaining walls or engineered free standing walls shall be submitted to Building and Safety Division for review and approval. Said wall types shall require a building permit prior to construction.
Exhibit E
48 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) 49 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) 50 Double boundary walls between developments are prohibited except as approved by the Planning Manager and City Engineer. (P)(E) 51 The final grading plan shall indicate that all rear and interior side yard slopes are up slopes to property lines as indicated on the tentative map. (P)(E) 52 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)
52.1 The applicant shall vacate the existing sewer easement as part of the review of the final Parcel Map.
53 All manufactured slopes on or adjacent to project boundaries shall meet the setback requirements of the current City Building Code. A recorded off-site Slope Acceptance Letter from all affected property owners shall be submitted to the City Engineer prior to approval of grading plans for any off-site slope not meeting these requirements. In addition, all slopes are required to meet City Standards with respect to erosion control. (E)
54 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 1 st 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)
54.1 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.
Exhibit E
55 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); and 2) provide appropriate dust control measures, per City and AVAQMD Standards, to minimize nuisance from dust at all times. (E)(B&S)
56 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)
57 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)
58 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 shall address on-site and off-site conditions and impacts based on the City of Palmdale adopted Storm Water Management Policy. (E)
59 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 Division to the satisfaction of the City Engineer. (E)
60 All nuisance water generated from this development shall be mitigated on-site in accordance with City’s Design Standards requirements. (E) 61 An on-site storm drainage basin or underground storage chamber shall be required for this development. Regular maintenance shall be the responsibility of the applicant or their City approved designee. (E)
62 This 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)
Exhibit E
62.1 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.
62.2 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.
63 Filtration devices shall be required for this project to remove pollutants from stormwater and on-site nuisance water in accordance with the approved drainage plan. No nuisance water generated from this development shall be allowed outside the boundaries of this development unless authorized by the City Engineer. Appropriate measures shall be taken to protect dry wells and basins from silt during grading operations and any off-site flow from undeveloped areas designed to flow through subdivision. (E)
64 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) 65 The applicant shall enter into a Subdivision and 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 of the City Engineer and Planning Manager. Such grading activity shall be reflected in the Subdivision and Development Improvement Agreement of the phase which requests such grading. (E) 66 Grading shall be designated “Engineering Grading” per City Building Code and shall be done in accordance with an approved grading plan. All grading work shall be performed in one continuous operation, or in phases as approved by the Planning Manager and the City Engineer. (E)
67 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 building. 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 the issuance of a sewer permit. (E) 68 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 Exhibit E
approval of any affected improvement plans for failure to satisfy this condition. (E)
THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO OR IN CONJUNCTION WITH RECORDATION OF THE FINAL MAP:
69 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)
70 The applicant shall provide standard street improvements for Crosstown roadway classification streets, along the north half of East Avenue R across the project frontage. The design shall be based on a 107-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 and operational prior to occupancy release. These improvements shall consist of: (E)
70.1 Curb and gutter,
70.2 Sidewalk (width = eight feet),
70.3 Roadway grading and paving, overlay and/or match-up, as directed by City Engineer,
70.4 Traffic control signs and devices as required by the City Engineer,
70.5 Pavement transition from the project boundaries to the satisfaction of the City Engineer,
70.6 Wheelchair ramp(s) at all walk returns,
70.7 Roadway drainage device(s),
70.8 Streetlights,
70.9 Dedicate an additional seven feet of right-of-way for future roadway improvements,
70.10 Dedicate sufficient right-of-way for corner cut-off in accordance with the City’s Engineering Design Standards,
70.11 Dedicate the right to restrict vehicular access along East Avenue R to the City of Palmdale,
Exhibit E
70.12 Dedicate and construct a four-foot-wide minimum Americans with Disabilities Act (ADA) by-pass at all proposed driveway approaches, and,
70.13 Provide a minimum four-foot sidewalk clearance around any object. 71 The applicant shall provide standard street improvements for Crosstown roadway classification streets along the west half of 25 th Street East across the project frontage. The design shall be based on a 102-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 and operational prior to occupancy release. These improvements shall consist of: (E)
71.1 Curb and gutter,
71.2 Sidewalk (width = eight feet),
71.3 Roadway grading and paving, overlay and/or match-up, as directed by City Engineer,
71.4 Traffic control signs and devices as required by the City Engineer,
71.5 Pavement transition from the project boundaries to the satisfaction of the City Engineer,
71.6 Wheelchair ramp(s) at all walk returns,
71.7 Roadway drainage device(s),
71.8 Streetlights,
71.9 Raised median,
71.10 Dedicate an additional two feet of right-of-way for future roadway improvements,
71.11 Dedicate sufficient right-of-way for corner cut-off in accordance with City’s Engineering Design Standards,
71.12 Dedicate the right to restrict vehicular access along 25 th Street East to the City,
Exhibit E
71.13 Dedicate and construct a four-foot-wide minimum ADA by-pass at all proposed driveway approaches, and,
71.14 Provide a minimum four-foot sidewalk clearance around any object. 72 The applicant shall enter into a Subdivision Improvement Agreement and post securities with the City and pay all applicable fees at the time of subdivision approval for those improvements necessary to support this subdivision, as determined by the City Engineer. If any transfer of ownership/title of land within this proposed subdivision takes place prior to the release of all agreements and securities, the new applicant shall be required to enter into a separate Subdivision Improvement Agreement with the City and pay all applicable fees.
Agreement and securities with the prior applicant will be released after the agreement and securities with the new applicant take effect. (E) 73 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 (five feet). (E)
74 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) 75 Will Serve letters will be required before the map is submitted to City Council for approval. The following is a list of the minimum Will Serve letters required: (E)
75.1 Water District
75.2 Southern California Edison
75.3 Southern California Gas Company
75.4 Cable TV
75.5 Los Angeles County Sanitation District
75.6 School District
Exhibit E
75.7 Telephone Company
76 A preliminary title report and subdivision guarantee is needed showing all fee interest holders, all interest holders whose interest could ripen into a fee, all trust deeds, together with the names of the trustee and all easement holders. The account for this title report shall remain open until the final tract map is filed with the County Recorder. No easements shall be granted and recorded until after the final map is recorded unless approved by the City Engineer and subordinated to any City easements by a certification upon the title sheet of the final map prior to the grant. (E)
77 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)
78 In cases where the applicant indicates that multiple final maps will be filed, a Phasing Plan shall be submitted for review and approval by the Planning Manager and City Engineer. Pursuant to Government Code 66456.1, multiple final maps (phasing of tentative map) shall not be authorized for this tentative map until such time as the City of Palmdale has had the opportunity to evaluate the phasing and impose reasonable conditions related to the phasing. (E)
THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO OR IN CONJUNCTION WITH ISSUANCE OF BUILDING PERMITS:
79 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: (P)(E)(F)(B&S) 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
Palmdale School District
Palmdale Water District
Regional Water Resources Control Board
Exhibit E
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.
80 A striping and signing plan, subject to the approval of the City Engineer, shall be provided prior to the approval of the street improvement plans. (TE) 81 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)
82 The project shall comply with all requirements of PMC Chapter 13.05 (Sewer Collection Service Charges). (E)
83 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) 84 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)
84.1 An Agreement and Faithful Performance bond in the amount approved by the City Engineer to be sufficient to guarantee installation of the improvements; or
84.2 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.
85 Street lighting plans shall be reviewed and approved separately 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 California Edison (SCE) for reference. Electrical plans shall be prepared by a Registered California Electrical Engineer. (E)
86 The applicant shall petition the City to form a Streetlight Benefit Assessment District for the ownership and maintenance of streetlights and appurtenant facilities. Such annexation shall be formed concurrently with, or prior to, Exhibit E
recordation of the final map at the sole cost and expense of the applicant, and the applicant’s deposit of the estimated costs thereof shall be required prior to such actions by the City. If the City is unsuccessful in the annexation to the Streetlight Benefit Assessment District, the applicant shall propose an alternative maintenance entity and shall be 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 annexation of an alternative maintenance entity shall be paid by the applicant. (E)
87 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)
88 All sanitary sewer mains to be dedicated to the City are required to submit as- built plans and have TV video inspection prior to final acceptance for maintenance. (E)
89 At completion of rough grading, the applicant shall submit appropriate reports and statements (Certifications) to the City Engineer for review and approval prior to the 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)
90 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)
Impact Fees
91 This development is located within the Pearland Natural Drainage Area/Basin as defined by the City’s Master Drainage Plan and approved by Resolution 89-75.
The applicant shall comply with the provisions of 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 E
THE FOLLOWING CONDITIONS SHALL BE MET WHILE CONSTRUCTION ACTIVITIES ARE ON-GOING:
92 Adequate sanitary disposal facilities shall be required on-site during all phases of construction. (E)(B&S)
93 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)
94 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)
95 All existing utilities interfering with the new construction shall be relocated at the developer’s expense. (E)
96 Signing and striping shall be provided for all roadway improvements. (TE) 97 The applicant shall comply with all City and State guidelines and requirements for traffic control during construction and prior to final project acceptance. (TE) 98 *Should unanticipated or inadvertent surface and/or subsurface prehistoric or historic archaeological resources, built environment, and/or tribal cultural resources appear to be encountered during construction or maintenance activity associated with this project, then all work must halt within a 60-foot radius of the discovery until a qualified professional can evaluate the discovery. If the finds are archaeological or historic in nature, then an archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards for prehistoric and/or historic archaeology have evaluated the significance of the find. This archaeologist shall have the authority to modify the no-work radius as appropriate, using professional judgment. The following shall apply depending on the nature of the find: (P)(E)
If the professional archaeologist determines that the find does not represent a cultural resource, then work may resume immediately, and no agency notifications are required.
If the professional archaeologist determines that the find does represent a cultural resource from any time or cultural affiliation then, depending on the nature of the discovery, appropriate treatment measures shall be developed.
Exhibit E
If the find represents a Native American or potentially Native American resource that does not include human remains, which may or may not include a Tribal Cultural Resource, then the archaeologist shall consult with appropriate Tribe[s] on whether or not the resource represents either a Tribal Cultural Resource or a Historical Resource, or both, and, if so, consult on appropriate treatment measures. Preservation in place is the preferred treatment, if feasible. Work cannot resume within the no-work radius until the City, through consultation as appropriate, determines that the site either: 1) is not a Tribal Cultural Resource or Historical Resource; or 2) that the treatment measures for the Tribal Cultural Resource or Historical Resource have been completed.
THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO OCCUPANCY OF THIS PROJECT:
99 All public improvements shall be completed and accepted by the City. (E) 100 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)
101 Any broken, damaged, or non-compliant 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)
102 The applicant shall improve any private street(s) or access drives for this project according to the plans approved by the City Engineer. (E) 103 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) 104 An industrial waste permit from the City Public Works Department shall be required for this project sewer discharge. (E)
105 The applicant shall comply with the provisions of Chapter 3.40 (Traffic Impact Fee Ordinance) of the PMC. 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 Chapter 3.40 of the PMC. (TE)
Exhibit E
106 If deemed necessary by AVTA and the City, the applicant shall coordinate with the City and the AVTA to install a bus bench and shelter on the project frontage.
The design shall be subject to the approval of the City Engineer and the AVTA. (TE)
THE FOLLOWING CONDITIONS SHALL BE MET AS AN ON-GOING ELEMENT OF THE PROJECT:
107 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 ensure the health, safety, and welfare of the general public. (P)(E) 108 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 ensure the health, safety, and welfare of the general public. The developer shall record a covenant upon the property regarding said maintenance. (E)
109 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)
110 Private streets and parking lots often attempt to install speed bumps or humps to control speed on their site. Palmdale Municipal Code 10.04.100 prohibits the installation of such devices. If any of these devices are installed while this ordinance is in effect, the owner will be required to remove these devices at their own expense. (TE)
111 Alarm buttons or other activation devices shall be placed at the check stand, in the administration office, and in any other locations deemed appropriate by management. (PS)
112 Storage rooms, including food, pantry, roof access doors, maintenance, mechanical, electrical, and other room doors that contain property susceptible to theft, shall be covered by a silent intrusion alarm system. (PS) Exhibit E
113 Any office or room where funds are counted should have a solid core door with a minimum thickness of 1¾” and should be secured by a deadbolt lock with a minimum throw of one inch. The door should also include a one-way vision panel with burglary-resistant glazing to provide visual surveillance of the store's interior. (PS)
114 Outside hinges on all exterior doors shall be installed with non-removable pins when pin-type hinges are used or shall be installed with hinge studs to prevent door removal. (PS)
115 Any delivery and/or receiving door(s) shall have a peephole/vision panel and a delivery notification system. (PS)
116 A security height marker shall be installed on all public entrances/exits. (PS) 117 Temporary window signage is permitted but shall not exceed more than 25 percent coverage of the window area to maintain visibility into the building as stated in PMC 17.88.070. (PS)
118 Signage shall be posted on the property to discourage loitering and alcohol consumption in front of the establishment and in the parking lot. Letters shall be a minimum of two inches high. (PS)
119 Establishment shall post signage with 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
Customer Parking Only
Violating Vehicles will be towed away at the vehicle owner’s expense.
Ord. 3-2.10 or 10.04.010 Sec. 15.64.270 CVC 22658-A
120 Signs shall be no less than 17 by 22 inches with lettering not less than two inches in height and contain the phone number (661) 272-2400 for the Palmdale Sheriff’s Station. (PS)
Exhibit E
Key to Departmental Conditions:
(B&S)Building and Safety Division (661-267-5353)
(E) Engineering Division (661-267-5272)
(F) Los Angeles County Fire Department (661-949-6319)
(Pk) Parks and Recreation Department (661-267-5611)
(P) Planning Division (661-267-5200)
(PA) Public Art (661-267-5686)
(PS) Public Safety Division (661-267-5170)
(SCE) Southern California Edison (661-726-5617)
(TE) Traffic Engineering (661-267-5300)
(*) Mitigation Measure
This Final Initial Study includes document revisions that are in response to correspondence received from Tribes during AB52 consultation and comments received on the circulated Initial Study with comment period ending November 14, 2024. Deleted text is shown as strike out text and added text is shown as underlined. Revisions are in Sections 1, 3.4, and 3.18.
General Plan Amendment No. 23-0003,
Zone Change No. 23-0003, Tentative
Parcel Map No. 84001, Conditional Use
Permit No. 22-006, and Site Plan
Review No. 22-007
Prepared for:
City of Palmdale
38250 Sierra Highway
Palmdale, CA 93550
Prepared by:
Lilburn Corporation
1905 Business Center Drive
San Bernardino, CA 92408
(909) 890-1818
October December 2024
DISTRIBUTION LIST
MANDATORY MAILINGS FOR ALL ENVIRONMENTAL DOCUMENTS:
Beyond Food Mart
Michael Ramirez
CITY DEPARTMENTS
Planning Manager, Brenda Magaña
City Engineer, Bill Padilla (PDF copy)
City Hall Counter Copy
City Website
Director of Parks and Recreation
Director of Public Works
Library Counter Copy
Planning Counter Copy
Department of Parks and Recreation Copy
FEDERAL AGENCIES
U.S. Forest Service
STATE AGENCIES
Air Resources Board
California Department of Fish and Wildlife
California Highway Patrol
Department of Health Services Toxic Substance Program
Department of Resources Recycling & Recovery
Lahontan Region Water Quality Control Board
Native American Heritage Commission
Office of Historic Preservation
State Clearinghouse Planning and Research
State Mining and Geology Board
COUNTY OF LOS ANGELES
Los Angeles County Fire Dept. (3 copies)
Los Angeles County Health Department
Los Angeles County Metropolitan Transportation Authority Los Angeles County Regional Planning
Los Angeles County Sanitation Districts
Los Angeles County Sheriff’s Department
SCHOOL DISTRICTS
Antelope Valley Union High School District
Palmdale School District
UTILITIES/SERVICES
Antelope Valley Transit Authority
Antelope Valley United Water Purveyors, Inc.
AT&T Local Service (email only)
AT&T Long Distance (email only)
El Dorado Mutual Water Company
Littlerock Creek Irrigation District
Palmdale Water District
Palm Ranch Irrigation District
Quartz Hill Water District
Southern California Edison (2 copies)
Southern California Gas
OTHER
Antelope Valley Air Quality Management District
Antelope Valley Archaeological Society
Palmdale Chamber of Commerce
South Central Coastal Information Center
Southern California Association of Governments
Sun Village Town Council
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) i
TABLE OF CONTENTS
Page
SECTION 1.0 INTRODUCTION .................................................................................................. 1
1.1 EVALUATION FORMAT ............................................................................................... 4
1.2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED ........................................ 5
1.3 ENVIRONMENTAL DETERMINATION ........................................................................ 5
1.4 EVALUATION ENVIRONMENTAL IMPACTS ............................................................... 6
SECTION 2.0 PROJECT DESCRIPTION ................................................................................... 8
2.1 PURPOSE OF THIS DOCUMENT ................................................................................ 8
2.2 PROJECT LOCATION .................................................................................................. 8
2.3 PROJECT DESCRIPTION ........................................................................................... 8
SECTION 3 CHECKLIST OF ENVIRONMENTAL ISSUES ...................................................... 13
3.1 AESTHETICS ............................................................................................................. 13
3.2 AGRICULTURE & FORESTRY RESOURCES ........................................................... 15
3.3 AIR QUALITY ............................................................................................................. 17
3.4 BIOLOGICAL RESOURCES ...................................................................................... 22
3.5 CULTURAL RESOURCES ......................................................................................... 27
3.6 ENERGY .................................................................................................................... 30
3.7 GEOLOGY AND SOILS .............................................................................................. 32
3.8 GREENHOUSE GAS EMISSIONS ............................................................................. 36
3.9 HAZARDS AND HAZARDOUS MATERIALS .............................................................. 38
3.10 HYDROLOGY AND WATER QUALITY ...................................................................... 42
3.11 LAND USE AND PLANNING ...................................................................................... 47
3.12 MINERAL RESOURCES ............................................................................................ 48
3.13 NOISE ........................................................................................................................ 48
3.14 POPULATION AND HOUSING .................................................................................. 53
3.15 PUBLIC SERVICES ................................................................................................... 54
3.16 RECREATION ............................................................................................................ 56
3.17 TRANSPORTATION................................................................................................... 57
3.18 TRIBAL CULTURAL RESOURCES ............................................................................ 60
3.19 UTILITIES AND SERVICE SYSTEMS ........................................................................ 62
3.20 WILDFIRE .................................................................................................................. 66
3.21 MANDATORY FINDINGS OF SIGNIFICANCE ........................................................... 68
REFERENCES .................................................................................................................... 71
PROJECT-SPECIFIC REFERENCES ................................................................................. 73
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) ii
LIST OF APPENDICES
Appendix A CalEEMod Output Tables for Existing Zoning
Appendix B CalEEMod Output Tables for Proposed
Appendix C Health Risk Assessment, September 23, 2022
Appendix D Biological Resources Assessment and Jurisdictional Delineation, April 2022 Appendix E Phase I Cultural Resources Investigation, June 29, 2022, Revised July 23, 2024 Appendix F Preliminary Geotechnical Engineering and Infiltration Report, June 1, 2022 Appendix G Paleontological Assessment, June 29, 2022
Appendix H Phase I Environmental Assessment Report, April 14, 2022 Appendix I Preliminary Hydrology Study, October 2023
Appendix J Noise Impact Analysis, September 26, 2022, Revised December 21, 2023 Appendix K Traffic Impact Analysis, November 23, 2022
Appendix L Trip Generation Comparison, November 20, 2023 Appendix M VMT Screening Assessment, June 24, 2022
Appendix N Sewer Demand Study, May 2023
Page
LIST OF TABLES
Table 1 Operational Emissions ............................................................................................. 18 Table 2 Greenhouse Gas Operational Emissions ................................................................. 18 Table 3 Maximum Daily Summer Construction Emissions .................................................... 19 Table 4 Maximum Daily Winter Construction Emissions ....................................................... 19 Table 5 Summer Operational Emissions Summary .............................................................. 20 Table 6 Winter Operational Emissions Summary .................................................................. 20 Table 7 Greenhouse Gas Construction Emissions ............................................................... 37 Table 8 Greenhouse Gas Operational Emissions ................................................................. 37
LIST OF FIGURES
Figure 1 Site Plan .................................................................................................................. 10 Figure 2 Regional Location Map ............................................................................................ 11 Figure 3 Vicinity Map ............................................................................................................. 12 Figure 4 Proposed Drainage .................................................................................................. 46
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 1 SECTION 1.0 INTRODUCTION
CEQA requires the preparation of an Initial Study when a Project must obtain discretionary approval from a governmental agency and is not exempt from CEQA. The purpose of the Initial Study is to determine whether or not a Project , not except from CEQA, qualifies for a Negative Declaration (ND) or whether or not an Environmental Impact Report (EIR) must be prepared.
Section 1.0 of this Initial Study (IS) describes the purpose, environmental authorization, the intended uses of the IS, documents incorporated by reference, and the processes and procedures governing the preparation of the environmental document. Pursuant to Section 15367 of the State of California Guidelines for Implementation of the California Environmental Quality Act (CEQA Guidelines), the City of Palmdale (City) is the Lead Agency under the California Environmental Quality Act (CEQA). The City has prim ary responsibility for compliance with CEQA and consideration of the proposed project.
1. Project Title: General Plan Amendment No. 23 -0003, Zone Change No. 23- 0003, Tentative Parcel Map No. 8400, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007
2. Lead Agency Name: City of Palmdale
Economic and Community Development Department
Planning Division
38250 Sierra Highway
Palmdale, CA 93550
3. Contact Person: Brenda Magaña, Planning Manager
Economic and Community Development Department
Planning Division
38250 Sierra Highway
Palmdale, CA 93550
Phone Number: 661-267-5200
4. Project Location: Northwest corner of 25
th Street E and East Avenue R
5. Project Applicant’s Name and Address: Beyond Food Mart Michael Ramirez
4300 Edison Avenue
Chino, CA 91710
6. Existing Land Use/Zoning/General Plan: The Project Site is within the Mixed Use 2 land use designation and is zoned Mixed Use 2 . The property is currently vacant and undeveloped.
7. Assessor Parcel Number: 3018-028-023, -052, -053, -054
8. General Plan Designation: Mixed Use 2 (MU 2)
9. Zoning Designation: Mixed Use 2 (MU 2)
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 2 10. Description of Project:
Beyond Food Mart, Inc. (Applicant) is requesting the approval of a General Plan Amendment (GPA) and Zone Change (ZC), Tentative Parcel Map (TPM), a Conditional Use Permit (CUP) and Site Plan Review (SPR) to construct and operate a ten-island fueling station, a 7,258-square-foot grocery store, and a 2,127- square-foot drive-through carwash (see Figure 1 – Site Plan). The Project Site consists of four parcels totaling approximately 5.6 acres and is located on the northwest corner of the intersection of 25
th Street East and East Avenue R (see Figures 2 and 3
for Regional Location and Site Vicinity). The TPM would subdivide the Project Site into two parcels. Development of the Proposed Project would occur only on the approximately 110,657-square foot eastern parcel, shown as Parcel 2. Future development of Parcel 1 is not analyzed in this document and would require a separate application and CEQA analysis.
Access to the Proposed Project will be provided by two 40-foot driveways, one along 25th Street East and the other along East Avenue R. Uses proposed for the Project Site include a passenger car gasoline fueling station to be composed of eight fueling islands to include 16 fueling positions (dispensers) on the southerly portion of the site. The gasoline fueling station includes two underground storage tanks (USTs). The gasoline fueling islands would be located under a 4,211 square-foot canopy which is proposed at a height of 19 feet, six inches . There will be another canopy adjacent to the gasoline fueling station for two islands with four hydrogen pumps.
The hydrogen storage tank would be located north of the canopy.
The Proposed Project would include a total of 40 passenger car parking spaces (including two handicap accessible spaces) for the fueling station, carwash, and grocery store . Two additional spaces will be provided for electric vehicles (EV). The proposed grocery store and fueling station are anticipated to operate 24 hours a day and seven days a week. The car wash use shall operate daily between the hours of 7:00 AM to 9:00 PM . The Proposed Project will include 12 full -time employees.
The Project Site is within the Mixed Use 2 (MU 2) land use designation and is zoned Mixed Use 2 (MU 2). The Proposed Project requires approval of a General Plan Amendment and Zone Change to Neighborhood Commercial (NC) to allow for the Proposed Project with subsequent approval of a CUP and SPR.
Project Site
The Project Site consists of APNs: 3018-028-023, -052, -053; and -054 and is located on the northwest corner of 25th Street East and East Avenue R in the City of Palmdale. The Project Site is within the Mixed Use 2 (MU 2) land use designation and zone.
11. Surrounding Land Uses and Setting:
The property is within a primarily residential and commercial area of the City, and adjacent to Palmdale High School. The existing use, General Plan Land Use designation and Zone of adjacent properties are shown in the table below.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 3 Location
Existing Use
Land Use
Designation
Zoning
Site Vacant Mixed Use 2 MU 2
North Apartment Complex Residential
Neighborhood 2
RN 2
South E Avenue R; Single-family
residences; Church
Residential
Neighborhood 2
RN 2
East 25th Street E; Single-family
residences
Single Family
Residential 3
SFR 3
West School Public Facility-
School
Public Facility -
School (PF-S)
12. Other agencies whose approval is required (e.g., permits, finance approval, or participation agreement):
Antelope Valley Air Quality Management District
Los Angeles County Fire Department
Los Angeles County Waterworks District
13. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, has consultation begun?
On July 23, 2024, the City provided notification to the following tribes in accordance with AB52 and SB 18: the Gabrieleno Band of Mission Indians – Kizh Nation, Fernandeno Tataviam Band of Mission Indians (FTBMI), San Fernando Band of Mission Indians , Gabrieleno/Tongva San Gabriel Band of Mission Indians, and Yuhaaviatam of San Manuel Nation (YSMN).
In an email dated September 6, 2024, the Cultural Resources Management Division of the FTBMI requested Mitigation Measures TCR-1 to TCR-3 be implemented.
In an email dated August 7, 2024, the YSMN requested Mitigation Measures TCR-4 to TCR-8 be added.
Pursuant to PRC 21080.3.1(d), each tribal government or representative was given 30 days upon receipt of the AB 52 notification letter to provide a request for consultation on the Project. One of the 5 tribal representatives responded to the initial notification letter. Tribal consultation concluded on September 13, 2024. No additional responses or requests were received. The City of Palmdale, as lead agency, has fulfilled its obligations under AB 52 to engage in tribal consultation with all other tribal governments.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 4 1.1 EVALUATION FORMAT
This Initial Study is prepared in compliance with the California Environmental Quality Act (CEQA) Guidelines. This format of the study is presented as follows. The project is evaluated based upon its effect on twenty (20) major categories of environmental factors. Each factor is reviewed by responding to a series of questions regarding the impact of the project on each element of the overall factor. The Initial Study Checklist provides a formatted analysis that provides a determination of the effect of the project on the factor and its elements. The effect of the project is categorized into one of the following four categories of possible determinations:
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Less than
Significant
No Impact
Substantiation is then provided to justify each determination. One of the four following conclusions is then provided as a summary of the analysis for each of the major environmental factors.
1. Therefore, no impacts are identified or anticipated, and no mitigation measures are required.
2. Therefore, no significant adverse impacts are identified or anticipated, and no mitigation measures are required.
3. Possible significant adverse impacts have been identified or anticipated and the following mitigation measures are required as a condition of project approval to reduce these impacts to a level below significant. The required mitigation measures are: (List mitigation measures)
4. Significant adverse impacts have been identified or anticipated. An Environmental Impact Report (EIR) is required to evaluate these impacts, which are: (List the impacts requiring analysis within the EIR).
At the end of the analysis the required mitigation measures are restated and categorized as being either self- monitoring or as requiring a Mitigation Monitoring and Reporting Program.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 5 1.2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would potentially be affected by this project, involving at least one impact that is a “Potentially Significant Impact," as indicated by the checklists on the following pages. For each of the potentially affected factors, mitigation measures are recommended that would reduce the impacts to less than significant levels.
Aesthetics Agriculture and Forestry
Resources Air Quality
Biological Resources Cultural Resources Energy
Geology /Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology /Water
Quality Land Use / Planning Mineral Resources
Noise Population / Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities /Service
Systems Wildfire Mandatory Findings of
Significance
1.3 ENVIRONMENTAL DETERMINATION
On the basis of this Initial Study, the City of Palmdale Environmental Review Committee finds:
I find that the Proposed Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the Proposed Project would have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the Proposed Project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the Proposed Project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect: 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the Proposed Project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the Proposed Project, nothing further is required.
Signature Date
Name Title
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 6 1.4 EVALUATION OF ENVIRONMENTAL IMPACTS
1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project - specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).
2. All answers must take account of the whole action involved, including offsite as well as onsite, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts.
3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Signif icant Impact” is appropriate if substantial evidence exists that an effect may be significant. If one or more “Potentially Significant Impact” entries are marked when the determination is made, an EIR is required.
4. “Negative Declaration: Less Than Significant with Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less than significant level (mitigation measures from earlier analyses may be cross-referenced).
5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration.
Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a. Earlier Analysis Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
c. Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.
6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.
7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 7 8. The explanation of each issue should identify:
a. the significance criteria or threshold, if any, used to evaluate each question; and the mitigation measure identified, if any, to reduce the impact to less than significant. *Note: Instructions may be omitted from final document.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 8 SECTION 2.0 – PROJECT DESCRIPTION
2.1 PURPOSE OF THIS DOCUMENT
The City formally initiated the environmental process for the project with the preparation of this Initial Study (IS). The IS screens out those impacts that would be less than significant and do not warrant mitigation, while identifying those issues that require further mitigation to reduce impacts to a less than significant level. As identified in the following analyses , project impacts related to various environmental issues either do not occur, are less than significant (when measured against established significance thresholds) or have been rendered less than significant through implementation of mitigation measures. Based on these analytical conclusions, this IS supports adoption of a Mitigated Negative Declaration ( MND) for the proposed project. This Initial Study has been prepared in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines.
CEQA permits the incorporation by reference of all or portions of other documents that are generally available to the public. The IS has been prepared utilizing information from City planning and environmental documents, technical studies specifically prepared for the project, and other publicly available data. The documents utilized in the IS are identified in Section 3.0 and are hereby incorporated by reference. These documents are available for review at the City of Palmdale, Economic and Community Development Department.
Pursuant to Section 15367 of the State CEQA Guidelines, the City of Palmdale is the Lead Agency in the preparation of this Initial Study. The City has primary responsibility for approval or denial of this project. The intended use of this Initial Study is to provide adequate environmental analysis related to project construction and operation activities of the Proposed Project.
2.2 PROJECT LOCATION
The Project Site consists of four parcels totaling approximately 5. 6 acres and is located east of State Route 14 and south of Palmdale Boulevard. It is located on the northwest corner of East Avenue R and 25
th Street East. The property is within a primarily residential and commercial area of the City, and adjacent to Palmdale High School.
2.3 PROJECT DESCRIPTION
Beyond Food Mart, Inc. (Applicant) is requesting the approval of a General Plan Amendment (GPA) and Zone Change (ZC), Tentative Parcel Map (TPM), Conditional Use Permit (CUP), and Site Plan Review (SPR) to construct and operate a ten-island fueling station, a 7,258-square-foot grocery store, and a 2,127- square-foot drive-through carwash (see Figure 1 – Site Plan). The Project Site consists of four parcels totaling approximately 5.6 acres and is located on the northwest corner of the intersection of 25th Street East and East Avenue R (see Figures 2 and 3 for Regional Location and Site Vicinity). The TPM would subdivide the Project Site into two parcels. Development of the Proposed Project would occur only on the approximately 110,657-square foot eastern parcel, shown as Parcel 2 . Future development of Parcel 1 is not analyzed in this document and would require a separate application and CEQA analysis.
Access to the Proposed Project will be provided by two 40-foot driveways, one along 25th Street East and the other along East Avenue R. Uses proposed for the Project Site include a passenger car gasoline fueling station to be composed of eight fueling islands to include 16 fueling positions Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 9 (dispensers) on the southerly portion of the site. The gasoline fueling station includes two underground storage tanks (USTs). The gasoline fueling islands would be located under a 4,211 square-foot canopy which is proposed at a height of 19 feet. There will be another canopy adjacent to the gasoline fueling station for two islands with four hydrogen pumps. The hydrogen storage tank would be located north of the canopy.
The Proposed Project would include a total of 40 passenger car parking spaces (including two handicap accessible spaces) for the fueling station, carwash, and grocery store . Two additional spaces will be provided for electric vehicles (EV). The proposed grocery store and fueling station are anticipated to operate 24 hours a day and seven days a week. The car wash use shall operate daily between the hours of 7:00 AM to 9:00 PM. The Proposed Project will include 12 full -time employees.
The Project Site is within the Mixed Use 2 (MU 2) land use designation and zone. The Proposed Project requires approval of a General Plan Amendment and Zone Change to Neighborhood Commercial (NC) to allow for the Proposed Project with subsequent approval of a CUP and SPR.
LILBURNC O R P O R A T I O N
SITE PLAN
FIGURE 1
Beyond Market & Carwash Development
City of Palmdale, California
REGIONAL LOCATION
LILBURNC O R P O R A T I O N FIGURE 2
Beyond Market & Carwash Development
City of Palmdale, CaliforniaSource: Lilburn Corp., August, 2022.
Mile
10 PROJECT SITE
LILBURNC O R P O R A T I O N
Feet
1500 PROJECT VICINITY
FIGURE 3
PROJECT SITE
E Ave. R
To Remain
Undeveloped
Beyond Market & Carwash Development
City of Palmdale, CaliforniaSource: Lilburn Corp., August, 2022. 25th St. E
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 13 SECTION 3.0 – CHECKLIST OF ENVIRONMENTAL ISSUES
3.1 AESTHETICS
1. AESTHETICS.
Would the project:
Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
(a) Have a substantial adverse effect on a scenic
vista?
(b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a state
scenic highway?
(c) In non -urbanized areas, s ubstantially degrade
the existing visual character or quality of public
views of the site and its surroundings? If the
project is in an urbanized area, would the project
conflict with applicable zoning and other
regulations governing scenic quality?
(d) Create a new source of substantial light or glare
which would adversely affect day or nighttime
views in the area?
Impact Analysis
a) Would the project have a substantial adverse effect on a scenic vista?
Less than Significant Impact. Views of the desert and local mountains are the predominant scenic vistas in Palmdale. 1 Desert views are primarily available along the edges of the City, particularly in the undeveloped northern portions. Leona Valley (approximately four miles to the west of the City ) is a scenic area. Distant views of the San Gabriel Mountains (approximately 34 miles to the southeast of the City), Sierra Pelona Mountains (approximately 11 miles to the west of the City), and the Tehachapi Mountains (approximately 36 miles to the northwest of the City) exist within the General Plan Planning Area, with views primarily from large areas of unobstructed open space. The Project Site is not in the vicinity of these identified scenic vistas. The Project Site is located in the southern portion of the City within an area mixed with residential uses , commercial uses, and vacant land. The Project Site is currently surrounded by developed land on all sides: a school to the west; an apartment complex to the north; single-family residences and 25th Street to the east; and East Avenue R, a church, and single-family residences to the south.
The Project Site is within the MU 2 land use designation and zone. The Proposed Project requires a zone change to Neighborhood Commercial (NC). The maximum height of any building within the NC zone shall not exceed 35 feet for primary structures and 25 feet for accessory structures within the NC Zone. The carwash building (accessory use) would be 15 feet, eight inches tall. The tallest primary structure is the proposed grocery store, which would be 29 feet tall. Therefore, less than significant impacts are identified or anticipated, and no mitigation measures are required.
1 City of Palmdale. Envision Palmdale 2045. Effective October 22, 2022 and Amended on March 15, 2023.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 14 b) Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
No Impact. The Project Site is located within the City of Palmdale General Plan Planning area.
The City has no designated scenic streets and there are no officially designated scenic highways in the Planning Area.2 Therefore, the Project Site is not adjacent to or near any scenic highways.3 The Proposed Project would provide a minimum setback of 20 feet that is fully landscaped along the north, east, and south boundaries . The western boundary of Parcel 2 would have a minimum setback of five feet as it would be adjacent to future development of Parcel 1. Therefore, no impacts are identified or anticipated, and no mitigation measures are required.
c) Would the project in non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
Less than Significant Impact. The Project Site is located in an urbanized area mixed with existing development and vacant land. It is surrounded by a school to the west; an apartment complex to the north; single-family residences and 25th Street to the east; and East Avenue R, a church, and single- family residences to the south. The tallest primary structure is the proposed grocery store, which would be 29 feet tall. Therefore, the proposed uses would be under the maximum allowed building height of 35 feet4 as specified within the NC zone. The project would utilize building materials that would complement the aesthetics of the existing uses in the project vicinity. Additionally, the project would comply with Section 17.86.010 of the Palmdale Municipal Code, which requires landscaping associated with the project to maximize the aesthetic quality on site. The Proposed Project would include 37,417 SF of landscaping.
Therefore, the Proposed Project may change the current aesthetics of the vacant parcel, but would be consistent with applicable zoning and other regulations governing scenic quality. Less than significant adverse impacts are identified or anticipated, and no mitigation measures are required.
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Less than Significant Impact. Development of the Proposed Project would occur on parcels that are currently vacant and would therefore create a new source of light or glare. The Project Site is located in an area mixed with existing development and vacant land. It is surrounded by a school to the west; an apartment complex to the north; single- family residences and 25 th Street to the east; and East Avenue R, a church, and single-family residences to the south.
There are streetlights along 25 th Street and E ast Avenue R. Therefore, the general area contains various sources of lighting from existing surrounding development. In accordance with the International Dark -Sky Association recommendations, the color temperature of outdoor
2 Rincon Consultants, Inc. City of Palmdale 2045 General Plan Update Draft Environmental Impact Report. July 2022. 3 Rincon Consultants, Inc. City of Palmdale 2045 General Plan Update Draft Environmental Impact Report. July 2022. 4 https://www.codepublishing.com/CA/Palmdale/html/pdfs/PalmdaleTitle17.pdf Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 15 lighting shall not exceed 3,000 Kelvins. 5 Additionally, outdoor lighting shall be designed, located, installed, directed downward or toward structures, fully shielded, and maintained in order to prevent glare, light trespass, and light pollution and away from adjoining properties and public rights -of-way, so that no light fixture directly illuminates an area outside of the Project Site intended to be illuminated. Therefore, the Proposed Project would not generate a significant amount of light and glare when compared to the surrounding area. Less than significant impacts are identified or anticipated, and no mitigation measures are required.
3.2 AGRICULTURE & FORESTRY RESOURCES
2. AGRICULTURE & FOREST RESOURCES.
(In determining whether impacts to
agricultural resources are significant
environmental effects, lead agencies may
refer to the California Agricultural Land
Evaluation and Site Assessment Model
(1997) prepared by the California Department
of Conservation as an optional model to use
in assessing impacts on agriculture and
farmland.) In determining whether impacts to
forest resources, including timberland, are
significant environme ntal effects, lead
agencies may refer to information compiled
by the California Department of Forestry and
Fire Protection regarding the state’s
inventory of forest land, including the Forest
and Range Assessment Project and the
Forest Legacy Assessment pr oject; and
forest carbon measurement methodology
provided in Forest Protocols adopted by the
California Air Resources Board.)
Would the project:
Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
(a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of
the California Resources Agency, to
nonagricultural use?
(b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
(c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)), timberland
(as defined by Public Resources Code section
4526), or timberland zoned Timberland
Production (as defined by Government Code
section 51104(g))?
(d) Result in the loss of forest land or conversion of
forest land to non-forest use?
(e) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of Farmland, to
nonagricultural use or the conversion of forest
land to non-forest use?
5 https://www.codepublishing.com/CA/Palmdale/html/pdfs/PalmdaleTitle17.pdf Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 16 Impact Analysis
a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use?
No impact. The Project Site is identified as “Urban and Built-Up Land” by the Department of Conservation, Division of Land Resource Protection Farmland Mapping and Monitoring Program (2016).
6 No prime farmland, unique farmland, or farmland of statewide importance occur on the Project Site. The Proposed Project would not convert farmland to a non- agricultural use. Therefore, no impacts are identified or anticipated, and no mitigation measures are required.
b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract?
No Impact. The Project Site is not under a Williamson Act Contract. 7 Additionally, the Project
Site is currently zoned MU 2 and the proposed GPA and ZC will modify the zone to NC . The Proposed Project would not conflict with the existing and proposed zoning for agricultural use.
Therefore, no impacts are identified or anticipated, and no mitigation measures are required.
c) Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defi ned by Government Code section 51104(g))?
No Impact. The Project Site has a current zoning of MU 2 and the proposed GPA and ZC will modify the zone to NC. The City of Palmdale does not include areas of forest land, timberland, or timberland zoned Timberland Production .8 Therefore, the Proposed Project would not conflict with existing zoning for, or cause rezoning of, forest land. No impacts are identified or anticipated, and no mitigation measures are required.
d) Would the project result in the loss of forest land or conversion of forest land to non-forest use?
No Impact. The Project Site does not contain forestland, and the project would not result in loss or conversion of forestland. No impacts are identified or anticipated, and no mitigation measures are required.
e) Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to nonagricultural use or the conversion of forest land to non-forest use?
No Impact. The Project Site does not support agricultural or forest land use. Implementation of the Proposed Project would not result in the conversion of farmland to non- agricultural use
6 California Department of Conservation. California Important Farmland Finder. Accessed March 23, 2022. 7 https://planning.lacity.org/eir/HollywoodCenter/Deir/ELDP/(E)%20Initial%20Study/Initial%2 0Study/Attachment%20B%20References/California%20Department%20of%20Conservation %20Williamson%20Map%202016.pdf
8 Rincon Consultants, Inc. City of Palmdale 2045 General Plan Update Draft Environmental Impact Report. July 2022.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 17 or conversion of forest land to non -forest use no-site and off-site. Therefore, no impacts are identified or are anticipated, and no mitigation measures are required.
3.3 AIR QUALITY
3. AIR QUALITY.
(Where available, the significance criteria
established by the applicable air quality
management or air pollution control district
may be relied upon to make the following
determinations.)
Would the project:
Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
(a) Conflict with or obstruct implementation of the
applicable air quality plan?
(b) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non -attainment under an
applicable federal or state ambient air quality
standard?
(c) Expose sensitive receptors to substantial
pollutant concentrations?
(d) Result in other emissions (such as those leading
to odors) adversely affecting a substantial
number of people?
Impact Analysis
a) Would the project conflict with or obstruct implementation of the applicable air quality plan?
Less Than Significant Impact. The City of Palmdale is located within the Mojave Desert Air Basin (MDAB), which includes the desert portions of Los Angeles and San Bernardino Counties, the eastern desert portion of Kern County, and the northeastern desert portion of Riverside County. The air quality is managed by the Antelope Valley Air Quality Management District (AVAQMD). A project is non-conforming if it conflicts with or delays implementation of any applicable attainment or maintenance plan. A project is conforming if it complies wit h all applicable District rules and regulations, complies with all proposed control measures that are not yet adopted from the applicable plan(s), and is consistent with the growth forecasts in the applicable plan(s) (or is directly included in the applicable plan). The applicable air quality plan for the AVAQMD is the Ozone Attainment Plan. Conformity with growth forecasts can be established by demonstrating that the project is consistent with the land use plan that was used to generate the growth forecast. An example of a non- conforming project would be one that increases the gross number of dwelling units, increases the number of trips, and/or increases the overall vehicle miles traveled in an affected area (relative to the applicable land use plan).
The Project Site is within the Mixed Use 2 land use designation and is zoned Mixed Use 2 (MU 2). The Proposed Project requires approval of a General Plan Amendment and Zone Change to change the existing land use designation and zoning to Neighborhood Commercial (NC). An evaluation of potential air quality impacts related to a potential development type Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 18 under the current zoning (e.g. modeled as a civic center with floor-to-area ratio of 19) compared to the proposed zoning ( Proposed Project) was prepared. Operational emissions for the Proposed Project and the civic center were estimated using the California Emissions Estimator Model (CalEEMod) version 2022 (see Appendix A and B for CalEEmod outputs). Table 1 and Table 2 illustrate operational emissions associated with the current and proposed zoning.
Table 1
Operational Emissions
(Pounds per Day)
Source ROG NOX CO SO2 PM10 PM2.5
Civic Center 23.2 12.9 115 0.20 16.4 4.3
Proposed Project1 24.1 14.7 132 0.23 19.6 5.11
AVAQMD Threshold 137 137 548 137 82 65
Source: CalEEMod.2022
1) Maximum value from summer and winter emissions.
Table 2
Greenhouse Gas Operational Emissions
(Metric Tons per Year)
Source/Phase CO2 CH4 N20 R1
Civic Center 2,956 6.71 0.14 4.13
Total 3,171
Proposed Project 1,883 0.23 0.13 470
Total 2,397
AVAQMD Threshold 90,719
Source: CalEEMod.2022
1) Common refrigerant GHGs used in air conditioning and refrigeration equipment. 2) Excludes construction emissions amortization.
As shown in Table 1 and Table 2, operational impacts resulting from the Proposed Project or a civic center allowed under the MU 2 zoning designation would not exceed AVAQMD thresholds for criteria pollutants or greenhouse gas emissions (refer to Section VIII: GHG for additional information). Furthermore, the Proposed Project would not conflict with growth projections as it does not propose residential uses that would generate new population growth.
The Proposed Project would comply with all AVAQMD rules and regulations that are applicable to the project. Less than significant adverse impacts are identified or are anticipated, and no mitigation measures are required.
b) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard?
Less than Significant Impact. In December 2023, Lilburn Corporation screened the Proposed Project’s construction and operational emissions using California Emissions Estimator Model
9 According to the Development Code
(https://www.codepublishing.com/CA/Palmdale/html/pdfs/PalmdaleTitle17.pdf) , MU 2 zoning is allowed a maximum floor area ratio of 2.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 19 (CalEEMod) 2022 prepared by the SCAQMD (see Appendix B for model output). CalEEMod was utilized to estimate the on-site and off-site construction emissions. The criteria pollutants screened for include reactive organic gases (ROG), nitrous oxides (NOx), carbon monoxide (CO), sulfur dioxide (SO2), and particulates (PM10 and PM2.5). Two of the analyzed pollutants, ROG and NOx, are ozone precursors. Both summer and winter season emission levels were estimated.
Construction Emissions
Construction emissions are considered short -term, temporary emissions and were modeled with the following construction parameters: site preparation, site grading (fine and mass grading), building construction, paving, and architectural coating. Construction is anticipated to begin in 2024 and be completed in 2025. The resulting emissions generated by the construction of the Proposed Project are shown in Table 3 and Table 4, which represent summer and winter construction emissions, respectively.
Table 3
Maximum Daily Summer Construction Emissions
(Pounds per Day)
Year ROG NOX CO SO2 PM10 PM2.5
2024 3.75 36.1 34.8 0.05 21.5 11.6
2025 7.52 10.5 13.5 0.02 0.54 0.42
AVAQMD Threshold 137 137 548 137 82 65
Significant No No No No No No
Source: CalEEMod.2022 Summer Emissions.
Table 4
Maximum Daily Winter Construction Emissions
(Pounds per Day)
Year ROG NOX CO SO2 PM10 PM2.5
2024 2.01 19.9 20.3 0.04 8.56 4.38
2025 7.52 10.5 13.4 0.02 0.51 0.42
AVAQMD Threshold 137 137 548 137 82 65
Significant No No No No No No
Source: CalEEMod.2022 Winter Emissions.
As shown in Table 3 and Table 4 , construction emissions during either summer or winter seasonal conditions would not exceed AVAQMD thresholds.
Operational Emissions
Operational emissions are categorized as energy (generation and distribution of energy to the end use), area (operational use of the project), mobile (vehicle trips), water (generation and distribution of water to the land use), and waste (collecting and hauling waste to the landfill).
The operational mobile source emissions were calculated in accordance with the Trip Generation Comparison prepared for the Proposed Project by Ganddini Group, Inc., November 20, 2023. The Proposed Project is anticipated to generate approximately 4,656 daily trips.
The resulting emissions generated by operations of the Proposed Project are shown in Table 5 and Table 6, which represent summer and winter construction emissions, respectively.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 20 Table 5
Summer Operational Emissions Summary
(Pounds per Day)
Source ROG NOX CO SO2 PM10 PM2.5
Mobile 23.7 13.5 131 0.23 19.6 5.11
Area 0.45 0.0 0.59 0.0 0.0 0.0
Energy 0.0 0.06 0.05 0.0 0.0 0.0
Totals 24.1 13.5 132 0.23 19.6 5.11
AVAQMD Threshold 137 137 548 137 82 65
Significant No No No No No No
Source: CalEEMod.2022
Emissions represent the daily maximum emissions.
Table 6
Winter Operational Emissions Summary
(Pounds per Day)
Source ROG NOX CO SO2 PM10 PM2.5
Mobile 20.6 14.6 108 0.21 19.6 5.11
Area 0.35 -- -- -- -- --
Energy 0.0 0.06 0.05 0.0 0.0 0.0
Totals 20.9 14.7 108 0.21 19.6 5.11
AVAQMD Threshold 137 137 548 137 82 65
Significant No No No No No No
Source: CalEEMod.2022
As shown in Table 5 and Table 6, both summer and winter season operational emissions are below AVAQMD thresholds. However, the Proposed Project would be required to comply with AVAQMD Rules and Regulations as applicable.
Therefore, less significant impacts are identified or anticipated, and no mitigation measures are required.
c) Would the project expose sensitive receptors to substantial pollutant concentrations?
Less than Significant Impact. Ganddini Group, Inc. prepared a tier 2 screening level Toxic Air Contaminant (TAC) Health Risk Assessment (HRA) Technical Memorandum , dated September 23, 2022, for the Proposed Project (see Appendix C for report). According to the Antelope Valley Air Quality Management District (AVAQMD) CEQA and Federal Conformity Guidelines, residences, schools, daycare centers, playgrounds and medical facilities are considered sensitive receptor land uses. The following project types proposed for sites within the specified distance to an existing or planned (zoned) sensitive receptor land use must be evaluated using AVAQMD significance threshold criteria number 4.
• Any industrial project within 1000 feet;
• A distribution center (40 or more trucks per day) within 1000 feet; • A major transportation project (50,000 or more vehicles per day) within 1000 feet; • A dry cleaner using perchloroethylene within 500 feet; • A gasoline dispensing facility within 300 feet.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 21 As stated in the AVAQMD CEQA and Federal Conformity Guidelines, under significance threshold criteria number 4 , a significant impact will occur if a project exposes sensitive receptors to substantial pollutant concentrations including those resulting in a cancer risk greater than or equal to 10 in a million and/or a Hazard Index (HI) (non- cancerous) greater than or equal to 1. The Proposed Project includes a gasoline fueling station in proximity to an existing school and residential uses, and will be a sour ce of toxic air contaminants (TAC); therefore, a qualitative analysis of the fueling station’s toxic air contaminant emissions has been conducted.
Per the P roject Applicant, the proposed fueling station is anticipated to have up to approximately 700,000 gallons of throughput annually. Furthermore, the Project Site includes sensitive receptors within 300 feet of the proposed gasoline service station. Therefore, the potential cancer risk and HI from the proposed fueling station have been calculated. The closest residential receptors to the proposed gasoline service station are located south of East Avenue R and east of 25th St reet East, at a distance of approximately 160 feet (~49 meters) from the service station canopy. Furthermore, Palmdale High School is located approximately 421 feet (~128 meters) to the west of the proposed service station canopy, and business receptors associated with the drive- through portion of the proposed grocery store would be located approximately 67 feet (~20 meters) north of the service station canopy.
The fueling station portion of the Proposed Project will be required to comply with the requirements stated in AVAQMD Rule 461 Gasoline Transfer and Dispensing. As stated in AVAQMD Rule 461, gasoline dispensing facilities are required to use Phase I/II EVR (enhanced vapor recovery) systems. Phase II EVR have an average efficiency of 95.1 percent and Phase I EVR have an average efficiency of 98 percent. Therefore, the potential for fugitive volatile organic compound (VOC) or TAC emissions from the fueling pumps is negligible.
Assuming 700,000 gallons per year of throughput for this gasoline-dispensing facility and with the incorporation of Phase I/II EVR systems, using the CARB Risk Assessment Look-up Tool, the maximum residential cancer risk is 1.37 in a million, the maximum worker cancer risk is
0.25 in a million. In addition, the chronic HI is 0.01 and the acute HI is 0.57. Therefore, the Proposed Project will not exceed the AVAQMD thresholds of a cancer risk greater than or equal to 10 in a million and/or a Hazard Index (HI) (non-cancerous) greater than or equal to 1.
As such, according to CEQA and Federal Conformity Guidelines the project will not be a significant source of toxic air contaminants emissions and sensitive receptors would not be exposed to toxic sources of air pollution. Less than significant impacts are identified or anticipated, and no mitigation measures are required.
d) Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Less Than Significant Impact.
Construction-Related Odor Impacts
Potential project-related sources that may emit odors during construction activities include the application of materials such as asphalt pavement. The objectionable odors that may be produced during the construction process are of short -term in nature and the odor emissions are expected to cease upon the drying or hardening of the odor producing materials. Diesel exhaust and VOCs would be emitted during construction of the project, which are objectionable Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 22 to some; however, emissions would disperse rapidly from the Project Site and therefore are not expected to reach an objectionable level at the nearest sensitive receptors. Due to the short-term nature and limited amounts of odor producing materials being utilized, no significant impacts related to odors would occur during construction of the Proposed Project.
Operations-Related Odor Impacts
Potential sources that may emit odors during the on-going operations of the Proposed Project would include odor emissions from the intermittent delivery truck emissions and trash storage areas. Through compliance with AVAQMD’s Rule 402, no significant impact related to odors would occur during the on-going operations of the Proposed Project.
3.4 BIOLOGICAL RESOURCES
4. BIOLOGICAL RESOURCES.
Would the project:
Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
(a) Have a substantial adverse effect, either directly
or through habitat modifications, on any species
identified as a candidate, sensitive, or special
status species in local or regional plans, policies,
or regulations, or by the California Department of
Fish and Game
or U.S. Fish and Wildlife
Service?
(b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations or by the California Department of
Fish and Game or U.S. Fish and Wildlife
Service?
(c) Have a substantial adverse effect on state or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological
interruption, or other means?
(d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife
species or with established native resident or
migratory wildlife corridors, or impede the use of
native wildlife nursery sites?
(e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
(f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
Impact Analysis
a) Would the project have a substantial adverse effect, either directly or through habitat modification, on any species identified as candidate, sensitive or special status species in local Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 23 or regional plans, policies or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
Less than Significant with Mitigation Incorporated. A Biological Resources Assessment report (BRA) was prepared for the Proposed Project by Jennings Environmental, LLC (Jennings) in April 2022 (see Appendix D for the report). The BRA addresses the potential effects of the Proposed Project to designated critical habitats and/or any species currently listed or formally proposed for listing as endangered or threatened under the federal Endangered Species Act (ESA) and the California Endangered Species Act (CESA) or species designated as sensi tive by the California Department of Fish and Wildlife (CDFW) or the California Native Plant Society (CNPS). Information contained in the BRA is in accordance with accepted scientific and technical standards that are consistent with the requirements of the United States Fish and Wildlife Service (USFWS) and CDFW. Jennings conducted a general reconnaissance survey within the Project Site to identify the potential for the occurrence of special-status species, vegetation communities, or habitats that could support special -status wildlife species. Additionally, the site was surveyed for any drainage features that would meet the definition of the Waters of the US (WOUS), Waters of the State (WOS), or CDFW jurisdiction.
According to the California Natural Diversity Database (CNDDB) , California Native Plant Society’s Electronic Inventory (CNPSEI) , and other relevant literature and databases, 18 sensitive species, four of which are listed as threatened or endangered, have been documented in the Palmdale quad. This list of sensitive species and habitats includes any State and/or federally listed threatened or endangered species, CDFW designated Species of Special Concern (SSC) and otherwise Special Animals. Jennings analyzed the likelihood for the occurrence of all CNDDB sensitive species documented in the Palmdale quad. According to the databases, no sensitive habitat, including USFWS -designated critical habitat, occurs within or adjacent to the Project Site. Additionally, no plant species with the California Rare Plant Rank (CRPR) of 1 or 2 were observed on- site or documented to occur on -site in the relevant databases.
Desert Tortoise
The desert tortoise is a State and federally listed threatened species. In 1992, the US Bureau of Land Management issued the California Statewide Desert Tortoise Management Policy which included categorizing habitat into three levels of classification. In April 1993, the BLM amended the California Desert Conservation Area ( CDCA) plan to delineate these three categories of desert tortoise habitat on public lands. Although habitat categories apply only to public lands administered by the BLM, regulatory agencies typically determine habitat compensation ratios based on the nearest B LM habitat categories. With the adoption of the West Mojave Plan, all lands that are outside Desert Wildlife Management Areas, including the Project Site, are characterized as Category 3 Habitat, which is the lowest priority management area for viable populations of the desert tortoise.
No suitable habitat for desert tortoise exists within the Project Site or surrounding area. There are no documented desert tortoise occurrences within the Project Site or the surrounding area and this species is not expected to occur within the Project Site . Due to the high level of on - site human disturbance and the isolation of the site by surrounding development, the P roject Site and immediate vicinity is no longer considered suitable habitat for the desert tortoise.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 24 Therefore, no potential direct or indirect impacts to desert tortoise can be identified, and presence/absence surveys for this species are not warranted or recommended.
Mohave Ground Squirrel
The Mohave ground squirrel (MGS) is a State listed threatened species. In the western Mohave Desert, the geographic range of the species is considered to lie west of the Mojave River.
However, in the Victorville and Barstow areas, there are records of Mohave ground squirrel occurrence on the east side of the Mohave River. MGS is listed as threatened by CDFW due to habitat loss, fragmentation, and deterioration. The Project Site falls within the historic range of the MGS but is located outside and to the south of the MGS Conservation Area set forth in the West Mojave Plan.
Jennings conducted an MGS habitat assessment of the Project Site. The habitat assessment for MGS included a pedestrian field assessment, a review of reported occurrences of the MGS in the region and adherence to CDFW's criteria for assessing potential impacts to the MGS .
Adequate cover and forage for MGS appeared to be limited within and around the Project Site.
No winterfat (Eurotia lanata), nor spiny hopsage ( Grayia spinosa) were found on the Project Site, which are considered important forage for MGS . No streams or washes were noted on the Project Site. Absence of this habitat feature further lessens the likelihood of MGS presence on the Project Site or their ability to persist during long term drought conditions. No wildlife corridors are expected to exist between the closest core MGS population and the Project Site.
The Project Site is also surrounded by existing development. The scattered development within the project vicinity further isolates the site from MGS, as these land uses prevent movement from the known populations to the north. Because the Project Site has low quality habitat for MGS, is within the historical range but not within or near any current or recent occurrences, is surrounded by development, and the Project S ite is subject to ongoing human disturbances such as foot traffic and vehicle traffic, this species is considered absent from the Project Site and presence/absence surveys for this species are not warranted or recommended.
Burrowing Owl
The burrowing owl (BUOW) is a state and federal SSC. The BUOW is a migratory bird protected by the international treaty under the Migratory Bird Treaty Act of 1918 and by State law under the California Fish and Game Code. The conditions present onsite appeared to be suitable for BUOW. As such a BUOW survey was completed. The assessment survey was structured, in part, to detect BUOW.
The result of the survey was that no evidence of BUOW
was found in the survey area. No burrows of appropriate size, aspect, or shape were located and no BUOW pellets, feathers, or whitewash were found. No burrowing owl individuals were observed. Additionally, the Project Site was found to contain no suitable habitat for this species as the soils were not friable and no suitable burrow surrogate species was observed.
Therefore, no further studies or surveys are recommended.
Western Joshua Tree
The Fish and Game Commission provided notice that the western Joshua tree is a candidate species as defined by Section 2068 of the Fish and Game Code. There are currently no western Joshua trees present on-site. Therefore, there are no potential impacts to this species.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 25 Additional Species
There were also three additional threatened or endangered species that are found within the Palmdale Quad. However, the Project Site is either outside the known range for these species or suitable habitat was not found to occur within the Project Site . Therefore, no further discussion or recommendations are required for the following species: Tricolored blackbird, Swainson’s hawk, and Least bell’s vireo.
Nesting Birds
The Project Site and immediate surrounding area contain habitat suitable for nesting birds.
Several birds were seen or heard during the survey. Species observed or otherwise detected on or in the vicinity of the P roject Site during the surveys included; mourning dove ( Zenaida macroura), Anna’s hummingbird (Calypte anna), and house finch ( Haemorhous mexicanus).
Therefore, Mitigation Measure BIO-1 shall be implemented in order to avoid significant impacts to nesting birds.
Mitigation Measure BIO-1:
Nesting bird surveys shall be conducted by a qualified Biologist three days prior to any construction activities taking place during the nesting season to avoid potentially taking any birds or active nests. Surveys shall be conducted within 500 feet of the Project site. In general, impacts to all bird species (common and special status) will be avoided by conducting work outside of the nesting season (generally March 15 th February 1 st to September 15th), and conducting a worker awareness training. If an active nest is identified, a buffer shall be established between the construction activities and the nest so that nesting activities are not interrupted. Avoidance buffers will be 100 feet for common avian species, 300 feet for listed or highly sensitive species, and 500 feet for raptors. The buffer should be delineated by temporary fencing and remain in effect as long as construction is occurring. No Project construction shall occur within the fenced nest zone until the young have fledged, are no longer being fed by the parents, have left the nest, and will no longer be impacted by the Project. Reductions in the nest buffer distance may be appropriate depending on the avian species involved, ambient levels of human activity, screening vegetation, or possibly other factors . However, if all work cannot be conducted outside of the nesting season, a project -specific Nesting Bird Management Plan will be prepared to determine suitable buffers.
With implementation of Mitigation Measure BIO -1, impacts would be reduced to a less than significant level.
b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
No Impact. Aerial imagery of the site was examined and compared with the surrounding USGS
7.5-minute topographic quadrangle maps to identify drainage features within the Project Site as indicated from topographic changes, blue- line features, or visible drainage patterns. The USFWS National Wetland Inventory and Environmental Protection Agency (EPA) Water Program “My Waters” data layers were also reviewed to determine whether any hydrologic features and wetland areas had been documented within the vicinity of the site. Similarly, the Soil maps from the U.S. Department of Agriculture (USDA) - Natural Resources Conservation Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 26 Service (NRCS) Web Soil Survey (USDA 2022) were reviewed to identify the soil series on- site and to check if they have been identified regionally as hydric soils. Upstream and downstream connectivity of waterways (if present) was reviewed in the field, on aerial imagery, and topographic maps to determine jurisdictional status. No obvious signs of jurisdictional features were observed during the literature review.
The CDFW asserts jurisdiction over any drainage feature that contains a definable bed and bank or associated riparian vegetation. The Project Site was surveyed with 100 percent visual coverage and no definable bed or bank features exist on the Project Site. As such, the Project Site does not contain any areas under CDFW jurisdiction. Therefore, no impacts are identified or anticipated, and no mitigation measures are required.
c) Would the project have a substantial adverse effect on state or federally protected wetlands (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
No Impact. Hydrologically, the Project Site is located within an undefined Hydrologic Sub-Area (HSA 626.50) which comprises a 557,620-acre drainage area within the larger Lake Palmdale- Piute Ponds Hydrologic Area (Hydrologic Unit Code [HUC10] 1809020615) (CalTrans, 2022).
The Lake Palmdale- Piute Ponds watershed in Palmdale is bordered to the north by the Rosamond Lake watershed, to the east by the Little Rock Wash watershed, to the south by the Headwaters Santa Clara River watershed, and to the west by the Upper Amargosa Creek watershed.
There are no streams, channels, washes, or swales that meet the definitions of Section 1600 of the State of California Fish and Game Code (FGC) under the jurisdiction of the CDFW, Section 401 (“Waters of the State” ) of the Clean Water Act (CWA) under the jurisdiction of the Regional Water Quality Control Board (RWQCB), or “Waters of the United States” (WoUS) as defined by Section 404 of the CWA under the jurisdiction of the U.S. Army Corps of Engineers (Corps) within the Project Site. Therefore, no permit from any regulatory agency will be required. No impacts are identified or anticipated, and no mitigation measures are required.
d) Would the project Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
Less than Significant Impact. The Project Site is currently surrounded by developed land on all sides: a school to the west; an apartment complex to the north; single-family residences and 25th Street East to the east; and East Avenue R, a church, and single-family residences to the south. Regionally, the Project Site is located in a relatively developed area. It would not be suitable for facilitating the movement of any native resident or migratory fish or wildlife species.
Furthermore, the Project Site is not located within a Regional Wildlife Linkage, as identified by the Los Angeles County Department of Regional Planning. 10 10 Los Angeles County. Department of Regional Planning. https://planning.lacounty.gov/assets/upl/project/gp_2035_2014-FIG_9-2_Regional_Wildlife_Linkages.pdf.
May 2014.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 27 As stated in the BRA, no wildlife corridors are expected to exist between the closest core MGS population and the P roject Site. The maximum documented movement of MGS is 3.9 miles .
Commercial and residential development are scattered within the vicinity of the Project Site , which would further isolate it from MGS as these land uses prevent movement from the known populations to the north.
Therefore, less than significant impacts are identified or anticipated, and no mitigation measures are required.
e) Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
Less than Significant Impact. The City Council determined that appropriate action must be taken in order to protect and preserve desert vegetation, and particularly Joshua trees, so as to retain the unique natural desert aesthetics in some areas of the city, and to promote the general welfare of the community. The design of development projects should strive to protect and maintain the most desirable and significant of the healthy desert vegetation in a manner consistent with the General Plan and the CEQA. There are currently no western Joshua trees present on-site. Therefore, there are no proposed impacts to this species. Additionally. the Project Site does not contain any of the plant species that are covered under Title 14, Environmental Management, o f the Building Code for the City of Palmdale. Therefore, less than significant impacts are identified or anticipated, and no mitigation measures are required.
f) Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservancy Conservation Plan, or other approved local, regional, or state habitat conservation plan?
Less than Significant Impact. The Project Site is within the boundaries of the West Mojave Plan (habitat conservation plan). With the adoption of the West Mojave Plan, all lands that are outside Desert Wildlife Management Areas, including the Project Site, are characterized as Category 3 Habitat, which is the lowest priority management area for viable populations of the desert tortoise. As stated previously, the Project Site falls within the historic range of the MGS but is located outside of the MGS Conservation Area set forth in the West Mojave Plan.
Therefore, less than significant impacts are identified or anticipated, and no mitigation measures are required.
3.5 CULTURAL RESOURCES
5. CULTURAL RESOURCES.
Would the project:
Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
(a) Cause a substantial adverse change in the
significance of a historical resource pursuant to
§15064.5?
(b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to §15064.5?
(c) Disturb any human remains, including those
interred outside of dedicated cemeteries?
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 28 Impact Analysis
a) Would the project cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5?
Less than Significant with Mitigation Incorporated. A Phase I Cultural Resource Assessment report, dated June 29, 2022 and revised July 23, 2024, was prepared for the Proposed Project by Brian F. Smith and Associates, Inc. (BFSA) (see Appendix E for report).
The archaeological survey was conducted to determine if cultural resources exist within the Project Site and to assess the possible effects to cultural resources from the development of the Proposed Project. An institutional records search was conducted by the South Central Coastal Information Center (SCCIC) at California State University, Fullerton (CSUF). An area of one-half mile surrounding the Project Site was reviewed in order to determine the presence of any previously recorded cultural resources . The SCCIC also provided the standard review of the National Register of Historic Places (NRHP) and the Office of Historic Preservation (OHP) Built Environment Resources Directory (BERD). In accordance with City of Palmdale and CEQA review requirements, an intensive pedestrian reconnaissance was conducted that employed a series of parallel survey transects spaced at 10 -meter intervals to locate any historic or archaeological sites within the Project Site.
The review of the available historic USGS topographic maps (from 1915 through 2012) and aerial photographs (from 1928 through 2018) indicate that no historic structures or homesteads have ever existed within the project boundaries. The aerial photographs i ndicate that the Project Site remained vacant through 1971. Between 1971 and 1974, the property was developed with a large building that contained a grocery store and small shops. Most of the property was also paved at this time for a parking lot. Between 1995 and 2003, the building and parking lot were removed. The property remained vacant from that time until the current survey. The land records review indicates that the Project Site was surveyed by the County in 1942 and again in 1971 by the City of Palmdale (Parcel Map No. 2069). In 1973, the property was surveyed again, and the property was divided into its current parcel configuration (Parcel Map No. 2526). This suggests that the former structure and parking lot located within the property were constructed between 1973 and 1974.
The records search for the Project Site did not identify any previously recorded cultural resources within the property, and just one previously recorded resource is located within one- half mile of the Project Site . This resource is the historic alignment of the “Palmdale to Victorville Road,” which was constructed circa 1920. No historic or prehistoric archaeological sites were identified within the search radius. The review of the NRHP index by the SCCIC was also negative.
Given the lack of potential for buried cultural resources due to the level of previous disturbance and development of the Project Site, monitoring of any future grading i s not recommended.
However, resources have the potential for occurring anywhere. Therefore, possible significant adverse impacts have been identified and the following mitigation measure is required as a condition of project approval to reduce these impacts to a level below significant.
Mitigation Measure CR-1:
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 29 Should unanticipated or inadvertent surface and/or subsurface prehistoric or historic archaeological resources, built environment, and/or tribal cultural resources, appear to be encountered during construction or maintenance activity associated with this project, then all work must halt within a 60-foot radius of the discovery until a qualified professional can evaluate the discovery. If the finds are archaeological or historic in nature, then an archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards for prehistoric and/or historic archaeology have evaluated the significance of the find. This archaeologist shall have the authority to modify the no- work radius as appropriate, using professional judgment. The following shall apply, depending on the nature of the find:
A. If the professional archaeologist determines that the find does not represent a cultural resource, then work may resume immediately, and no agency notifications are required.
B. If the professional archaeologist determines that the find does represent a cultural resource from any time or cultural affiliation then, depending on the nature of the discovery, appropriate treatment measures shall be developed.
C. If the find represents a Native American or potentially Native American resource that does not include human remains, which may or may not include a Tribal Cultural Resource, then the archaeologist shall consult with appropriate Tribe[s] on whether or not the resource represents either a Tribal Cultural Resource or a Historical Resource, or both, and, if so, consult on appropriate treatment measures.
Preservation in place is the preferred treatment, if feasible. Work cannot resume within the no -work radius until the C ity, through consultation as appropriate, determines that the site either: 1) is not a Tribal Cultural Resource or Historical Resource; or 2) that the treatment measures for the Tribal Cultural Resource or Historical Resource have been completed.
b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?
Less than Significant with Mitigation Incorporated. The records search indicated that a total of 17 cultural resource studies have been conducted within a one- half mile radius of the Project Site, one of which includes the Project Site. This study was a Phase I cultural resources survey conducted on seven parcels by Archaeological Consultants in 1995. The purpose of the survey was to review and rank the parcels for the Child Care Facility for the Los Angeles Air Route Traffic Control Center. The Project Site was one of these parcels. At the time of the survey, a vacant grocery store, vacant shop space, paved parking lot, and dirt areas were present within the property. No cultural resources were identified as a result of that survey.
During the field survey, BFSA staff carefully inspected exposed ground surfaces within the landscaping (eroded slopes, disturbed ground, and rodent burrows). No artifacts, cultural ecofacts, bedrock outcrops, fresh water resources, or other materials related to prehistoric or historic land use were observed within the project boundaries. No midden soils or cultural resources were observed during the survey. Concrete vaults and one sewer manhole were observed within the project, none of which are historic . Mitigation Measure CR -1 identified above would address potential impacts associated with unanticipated finds.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 30 c) Would the project disturb any human remains, including those interred outside of dedicated cemeteries?
Less than S ignificant with Mitigation Incorporated. The discovery of human remains is always a possibility during ground disturbing activities. To ensure potential impacts are reduced to less than significant, the following mitigation measure shall be implemented:
Mitigation Measure CR-2:
If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project.
With implementation of Mitigation Measure CR-2, the Proposed Project would not disturb any human remains, including those interred outside of dedicated cemeteries.
3.6 ENERGY
6. ENERGY
Would the project:
Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
(a) Result in a potentially significant environmental
impact due to wasteful, inefficient, or
unnecessary consumption of energy, or wasteful
use of energy resources, during project
construction or operation?
(b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
Impact Analysis
a) Would the project result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy, or wasteful use of energy resources, during project construction or operation?
Less than Significant Impact.
Electricity
The Proposed Project consists of the development of a 10-island (eight gas, two hydrogen) fueling station, a 7,258 -square-foot grocery store , and a 2,127 -square-foot drive -through carwash. Southern California Edison (SCE) would provide electricity to the Proposed Project.
In 2022, the Commercial Building sector of the Southern California Edison planning area consumed approximately 36,069 GWh of electricity. 11 The Project Site is currently vacant; consequently, implementation of the Proposed Project would result in an increase in electricity demand. The increased electricity demand from the Proposed Project is approximately
11 California Energy Commission. https://ecdms.energy.ca.gov/gasbyplan.aspx. Accessed December 8, 2023.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 31 0.659 GWh per year.12 The existing SCE electrical facilities will meet this increased demand.
The Proposed Project’s estimated annual electricity consumption compared to the 2022 annual electricity consumption of the overall commercial building sector in the SCE Planning Area would account for approximately 0. 002 percent of total electricity consumption. The increase in electricity demand from the Proposed Project would be insignificant. Therefore, projected electrical demand would not significantly impact SCE’s level of service.
Natural Gas
The Project Site would be serviced by Southern California Gas Company (SoCalGas). The Project Site is currently vacant and has no demand for natural gas; consequently, development of the Proposed Project w ould create a permanent increase in demand for natural gas. The Commercial Building Sector was responsible for 894,453,260 therms of natural gas consumption in the SoCalGas Planning Area in 2022.13 The estimated natural gas demand for the Proposed Project is 2,290 therms per year .14 The Proposed Project’s estimated annual natural gas consumption compared to the 2022 annual natural gas consumption of the Commercial Building sector in the SoCalGas Planning Area would account for approximately
0.0002 percent of total natural gas consumption. The increase in natural gas demand from the Proposed Project would be insignificant.
The Proposed Project would comply with all existing energy standards, including those established by the City of Palmdale and Los Angeles County. The Proposed Project would not result in a significant impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation. Less than significant adverse impacts are identified or anticipated, and no mitigation measures are required.
b) Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
Less than Significant Impact. The Palmdale Energy Action Plan ( PEAP) requires energy conservation measures exceeding Title 24 requirements, energy efficiency and water conservation features, onsite renewable energy sources, and recycling measures and programs. The Proposed Project would comply with all existing energy standards, including those established by the City of Palmdale and Los Angeles County, and would not result in significant adverse impacts on energy resources or obstruct any plans for energy efficiency , including the PEAP.
The Proposed Project would be consistent with the applicable action steps of the PEAP:
1) Implement the minimum Title 24 standards for energy efficiency o The Proposed Project shall comply with the following building codes:2019 California Building Code {CBC)
2022 California Green Building Standards Code (CalGreen) 2022 California Electrical Code (CEC)
2022 California Building Energy Efficiency Standards (CBEES)
12 Per CalEEMod outputs.
13 California Energy Commission. https://ecdms.energy.ca.gov/gasbyplan.aspx. Accessed December 8, 2023. 14 Per CalEEMod outputs.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 32 2) Smart grids to be installed in all new development, with 95 percent monitoring program participation by 2020
o The Building and Safety Department would ensure that smart grids are installed prior to issuance of a building permit.
3) New nonresidential projects to provide short- and long-term bicycle parking at a ratio of one bicycle parking space per 20 vehicle parking spaces. o The Proposed Project would provide 40 parking spaces and two bicycle parking spaces.
4) 500 new electric vehicle charging stations by 2020.
o The Proposed Project would provide a minimum 1 -inch conduit for future charger.
5) Ongoing regional coordination and achievement of VMT reduction target o As explained further in Section 3.17 below, t he Proposed Project consists of less than 50,000 square feet of local serving retail uses; therefore, the Proposed Project may be presumed to result in a less than significant VMT impact. 6) Achieve a diversion rate of 70 percent for the city by 2020, equivalent to a reduction of approximately 102,000 tons from forecast trends.
o The Proposed Project shall provide readily accessible areas identified for the storage and collection of blue container and green container materials, consistent with the three -container collection program offered by the City, or shall comply with provision of adequate space for recycling for multifamily and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and
5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended, provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020. A cubic yard container for recycling is proposed.
As demonstrated above, the Proposed Project would be consistent with the PEAP.
The Proposed Project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. Therefore, less than significant impacts are identified or anticipated, and no mitigation measures are required.
3.7 GEOLOGY AND SOILS
7. GEOLOGY AND SOILS.
Would the project:
Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
(a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury,
or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on
other substantial evidence of a known fault?
Refer to Division of Mines and Geology
Special Publication 42.
ii)Strong seismic ground shaking?
iii)Seismic-related ground failure, including
liquefaction?
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 33 7. GEOLOGY AND SOILS.
Would the project:
Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
iv)Landslides?
(b) Result in substantial soil erosion or the loss of
topsoil?
(c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in on-
or off -site landslide, lateral spreading,
subsidence, liquefaction or collapse?
(d) Be located on expansive soil, as defined in Table
18-1-B of the Uniform Building Code (1994),
creating substantial direct or indirect risks to life
or property?
(e) Have soils incapable of adequately supporting the
use of septic tanks or alternative waste water
disposal systems where sewers are not available
for the disposal of waste water?
(f) Directly or indirectly destroy a unique
paleontological resource or site or unique geologic
feature?
Impact Analysis
a)i) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.
Less than Significant Impact. A preliminary Geotechnical Engineering and Infiltration Report, dated June 1, 2022, was prepared for the Project Site by NTS Geotechnical, Inc. (NTS) (see Appendix F for report). As stated in the report, the Project Site is not located within an Alquist- Priolo Earthquake Fault Zone, and no known active faults are shown on the reviewed geologic maps crossing the site. The Project Site is approximately two miles from the San Andreas fault zone. It is located in a region of generally high seismicity, as is the case for all of Southern California. The Proposed Project would be required to comply with the building design standards of the California Building Code (CBC) for construction of new buildings and/or structures related to seismicity and specific engineering design and construction measures would be implemented to anticipate and avoid potential impacts from seismic activity.
Therefore, less than significant impacts are identified or anticipated, and no mitigation measures are required.
a)ii)Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking?
Less than Significant Impact. The Project Site is located in a seismically active region, as is the case for all of Southern California. The Proposed Project would be required to comply with the building design standards of the California Building Code (CBC) for construction of new buildings and/or structures related to seismicity and specific engineering design and construction measures would be implemented to anticipate and avoid potential impacts from Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 34 seismic activity. Adhering to the CBC can reduce potential ground-shaking impacts to less than significant levels. Therefore, less than significant adverse impacts are identified or anticipated, and no mitigation measures are required.
a)iii)Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving seismic-related ground failure, including liquefaction?
Less than Significant Impact. Strong ground shaking can result in liquefaction. Areas overlying groundwater within 30 to 50 feet of the surface are considered susceptible to liquefaction hazards. Based on the lack of shallow groundwater and uniform soil stratum, NTS concludes that the potential for liquefaction at the Project Site is considered low. Therefore, less than significant impacts are identified or anticipated, and no mitigation measures are required.
a)iv)Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving landslides?
Less than Significant Impact . Landslides and slope failure can result from ground motion generated by earthquakes. As stated in the geotechnical report, no landslides or related features underlie or are adjacent to the Project Site. Due to the relatively level nature of the site and surrounding areas, the potential for landslides at the Project Site is considered negligible. Therefore, less than significant impacts are identified or anticipated, and no mitigation measures are required.
b) Would the project result in substantial soil erosion or the loss of topsoil?
Less than Significant Impact. Construction of the Proposed Project would disturb more than one acre of soil and therefore, the Proposed Project is subject to the requirements of the State Water Resources Control Board General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit Order 2009 -0009-DWQ). The Construction General Permits requires the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP would prescribe temporary Best Management Practices (BMPs) to control wind and water erosion during and shortly after the construction of the Proposed Project. Therefore, less than significant impacts are identified or anticipated, and no mitigation measures are required.
c) Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
Less than Significant Impact. As stated previously, the Project Site is relatively flat and the potential for landslides is considered negligible. In addition, the potential for liquefaction at the Project Site is very low. Because of the site’s relatively flat topography and low liquefaction potential, it would not be susceptible to lateral spreading. The Project Site is not located in an area with historical or active subsidence.
15 State and City Building Codes establish engineering
and construction criteria designed to mitigate potential impacts associated with unstable soils,
15 United States Geological Survey (USGS). 2021. Areas of Land Subsidence in California. https://ca.water.usgs.gov/land_subsidence/california-subsidence-areas.html. Accessed July 2, 2022.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 35 landslides, lateral spreading, subsidence, liquefaction, soils collapse and expansive soils.
Compliance with building codes would ensure that effects of these hazards are reduced to the extent feasible. Therefore, less than significant adverse impacts are identified or anticipated, and no mitigation measures are required.
d) Would the project be located on expansive soil, as defined in Table 18- 1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property?
Less than Significant Impact. Expansive soils are fine grained clay soils that swell in volume when they absorb water and shrink when they dry. This change in volume causes stress on buildings and other loads placed on expansive soils. According to the geotechnical report, the soils encountered near the ground surface at the site exhibit a very low expansion potential .
Therefore, less than significant impacts are identified or anticipated, and no mitigation measures are required.
e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?
No Impact. The Proposed Project does not include the installation of a new septic tank or any other alternative wastewater disposal system. The Proposed Project will construct six-inch and eight-inch sewer laterals to connect to existing eight-inch and 12-inch sewer lines in 25 th Street
East Therefore, no impact is identified or anticipated, and no mitigation measures are required.
f) Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Less than Significant with Mitigation Incorporated. A Paleontological Assessment report, dated June 29, 2022, was prepared for the Project Site by BFSA (see Appendix G for report).
A paleontological records search was performed by the Los Angeles County Museum of Natural History (LACM) for the Project Site. The record search indicated the closest locality for paleontological resources is approximately four to six miles to the southeast, consisting of Pleistocene micro vertebrates represented by the fossilized bones of reptiles, mammals, and birds. These localities ranged in depth from the near -surface to nine feet, but are mapped in areas identified as Holocene alluvial fan deposits, implying that at least some Pleistocene-aged deposits are very near the surface with a minimal cover of Holocene deposits. A paleontological literature review and collections and locality records search was conducted for the Project Site using records from prior BFSA projects, the San Bernardino County Museum, the LACM, and the Western Science Center in Hemet, and data from published and unpublished paleontological literature. The resulting locality records search did not identify any previously recorded fossil localities within the Project Site.
The existence of potentially fossiliferous Holocene to Pleistocene- aged young alluvial fan deposits are mapped at the surface of the Project Site . Therefore, f ull-time monitoring of undisturbed alluvial fan deposits at the Project Site is warranted starting at the surface. The Holocene alluvial deposits mapped at the western one-fourth portion of the Project Site are not required to be monitored; however, these deposits are anticipated to consist of a relatively thin cover over older deposits that mapped at the surface of the remainder of the project. T he Holocene deposits shall be monitored part-time, at the discretion of the project paleontologist.
A Paleontological Resource Impact Mitigation Program (PRIMP shall be implemented to Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 36 ensure that impacts to potential paleontological resources are reduced to a less than significant level. The following Mitigation Measures GEO-1 through GEO-4 shall be implemented.
Mitigation Measure GEO-1:
Prior to initiation of any grading, drilling, and/or excavation activities, a PRIMP shall be approved by the City and the construction contractor shall hold a preconstruction meeting to be attended by the paleontologist of record, representatives of the grading contractor and subcontractors, the project owner or developer, and a representative of the lead agency. The nature of potential paleontological resources shall be discussed, as well as the protocol that is to be implemented following the discovery of any fossiliferous materials.
Mitigation Measure GEO-2:
Monitoring of mass grading and excavation activities in areas identified as likely to contain paleontological resources shall be performed by a qualified/project paleontologist or paleontological monitor. Monitoring shall be performed starting at the surface on a full-time basis; Holocene alluvial deposits should be monitored part -time at the discretion of the project paleontologist. The timing and duration of the monitoring of excavation activities within the alluvial fan deposits shall be at the discussion of the project paleontologist based on the geological conditions observed by the paleontological monitor and/or the project paleontologist.
Mitigation Measure GEO-3:
Paleontological monitors will be equipped to salvage fossils as they are unearthed to avoid construction delays. The monitor must be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens in a timely manner. Monitoring may be reduced if the potentially fossiliferous units are not present in the subsurface, or, if present, are determined upon exposure and examination by qualified paleontological personnel to have low potential to contain fossil resources. The monitor shall notify the project paleontologist, who will then notify the concerned parties of the discovery.
Mitigation Measure GEO-4:
A final monitoring and mitigation report of findings and significance will be prepared, including lists of all fossils recovered and necessary maps and graphics to accurately record their original location(s). The report, when submitted to, and accepted by , the appropriate lead agency, will signify satisfactory completion of the project program to mitigate impacts to any potential nonrenewable paleontological resources (i.e., fossils) that might have been lost or otherwise adversely affected without such a program in place.
Implementation of Mitigation Measure GEO -1 to GEO-4 would ensure less than significant impacts to paleontological resources occur as a result of the Proposed Project.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 37 3.8 GREENHOUSE GAS EMISSIONS
8. GREENHOUSE GAS EMISSIONS.
Would the project:
Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
(a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a significant
impact on the environment?
(b) Conflict with an applicable plan, policy, or
regulation adopted for the purpose of reducing
the emissions of greenhouse gases?
Impact Analysis
a) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
Less than Significant Impact.
Many gases make up the group of pollutants that are believed to contribute to global climate change. However, three gases are currently evaluated and represent the highest concertation of GHG: Carbon dioxide (CO2), Methane (CH4), and Nitrous oxide (N2O). The Proposed Project would not generate Fluorinated gases as defined by AB 32, only the GHGs (CO2, CH4, and N2O) that are emitted by construction equipment . A screening threshold of 100,000 tons CO2E per year, or approximately (90,718 MT CO2e), has been used by AVAQMD for projects within the MDAB.
GHG emissions were screened using CalEEMod version 2022 Construction is anticipated to begin in 2024 and be completed in 2025 . Other parameters which were used to estimate construction emissions such as those associated with worker and vendor trips, and trip lengths were based on the CalEEMod defaults. The operational mobile source emissions were calculated in accordance with the Trip Generation Comparison prepared for the Proposed Project by Ganddini Group, Inc., November 20, 2023. The Proposed Project is anticipated to generate approximately 4,656 daily trips. Construction and operational emissions are shown in Table 7 and Table 8.
Table 7
Greenhouse Gas Construction Emissions
(Metric Tons per Year)
Source/Phase CO2 CH4 N20 R1
2024 133 0.0 0.0 0.02
2025 215 0.01 0.0 0.02
Total (MTCO2e) 350
Construction Amortized 30 Years 11.7
Source: CalEEMod.2022.1 Annual Emissions.
1 Common refrigerant GHGs used in air conditioning and refrigeration equipment.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 38 Table 8
Greenhouse Gas Operational Emissions
(Metric Tons per Year)
Source/Phase CO2 CH4 N20 R1
Mobile 1,711 0.19 0.13 3.08
Area 0.20 0.0 0.0 --
Energy 171 0.01 0.0 --
Water 0.76 0.0 0.0 --
Waste 0.3 0.03 0.0 --
Refrigeration -- -- -- 467
Construction Amortized 30 Years 11.7
Total (MTCO2e) 2,408.7
AVAQMD Screening Threshold 90,719
Significant No
Source: CalEEMod.2022 Annual Emissions.
1Common refrigerant GHGs used in air conditioning and refrigeration equipment.
As shown in Table 7 and Table 8, the Proposed Project’s emissions would not exceed the AVAQMD’s threshold of significance. Therefore, less than significant adverse impacts are identified or anticipated, and no mitigation measures are required.
b) Would the project conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Less than Significant Impact. The Palmdale Energy Action Plan (PEAP) demonstrates the City’s commitment to achieve energy efficiency and independence by reducing greenhouse gas (GHG) emissions consistent with state legislation. The PEAP also serves as a programmatic tiering document for the purposes of CEQA, consistent with the CEQA Guidelines (§ 15064, subd. (h)(3), § 15130, subd. (d)). A tiering document front-loads the GHG analysis needed for subsequent projects in order to decrease the time and money t hat would be needed for individual analyses on a project -by-project basis. If a future development or improvement in Palmdale can prove that it is consistent with the PEAP, then it is consistent with state legislation and the CEQA for purposes of GHG emissions. As demonstrated in Section 3.6, the Proposed Project would be consistent with the PEAP.
Additionally, the Project emissions would be below the AVAQMD thresholds of significance.
Therefore, the Proposed Project would not conflict with any applicable plan, policy or regulation of an agency adopted to reduce GHG emissions, including Title 24, AB 32, and SB 32.
Therefore, less than significant adverse impacts are identified or anticipated, and no mitigation measures are required.
3.9 HAZARDS AND HAZARDOUS MATERIALS
9. HAZARDS AND HAZARDOUS MATERIALS.
Would the project:
Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
(a) Create a significant hazard to the public or the
environment through the routine transport, use,
or disposal of hazardous materials?
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 39 9. HAZARDS AND HAZARDOUS MATERIALS.
Would the project:
Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
(b) Create a significant hazard to the public or th e
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
(c) Emit hazardous emissions or handle hazardous
or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or
proposed school?
(d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a
result, would it create a significant hazard to the
public or the environment?
(e) For a project located within an airport land use
plan or, where such a plan had not been
adopted, within 2 miles of a public airport or
public use airport, would the project result in a
safety hazard or excessive noise for people
residing or working in the project area?
(f) Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
(g) Expose people or structures , either directly or
indirectly, to a significant risk of loss, injury, or
death involving wildland fires?
Impact Analysis
a) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
Less than Significant Impact. The Proposed Project is a commercial development that includes a 10-island (eight gas, two hydrogen) fueling station, grocery store with drive-through, and car wash facility. Construction of the Proposed Project would require the routine transport, use, storage, and disposal of limited quantities of common hazardous materials such as gasoline, diesel fuel, oils, solvents, paint, fertilizers, pesticides, and other similar materials. All materials required during construction would be kept in compliance with State and local regulations and Best Management Practices. Operations would include standard maintenance (i.e., landscape upkeep, exterior painting and similar activities) involving the use of commercially available products (e.g., pesti cides, herbicides, gas, oil, paint, etc.) the use of which would not create a significant hazard to the public. The proposed fueling station would obtain an Antelope Valley Air Quality Management District (AVAQMD) Authority to Construct permit corresponding to the requirements defined in AVAQMD Rule 461 – Gasoline Transfer and Dispensing. Hydrogen fuel is not toxic and produces only water; therefore, the proposed hydrogen fueling station is not anticipated to create a significant hazard.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 40 The Proposed Project would involve the transport of hazardous materials to the site associated with the proposed fueling station. The transport of fuel and tank filling operations would be conducted in compliance with applicable federal and state regulatory requirements that regulate the transportation of hazardous materials. The transport of hazardous materials on area roadways are regulated by the California Highway Patrol and Caltrans. Transporters of hazardous wastes are required to be certified by the Department of Transportation and manifests are required to track the hazardous waste during transport.
Therefore, no significant impacts are identified or anticipated, and no mitigation measures are required.
c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?
Less than Significant Impact. The Project Site is located adjacent to Palmdale High School.
As stated previously, the transport of hazardous materials, such as fuel, shall be conducted in compliance with applicable federal and state regulatory requirements in compliance with applicable federal and state regulatory requirements. The fueling station portion of the project will be required to comply with the requirements stated in AVAQMD Rule 461 Gasoline Transfer and Dispensing. As stated in AVAQMD Rule 461, gasoline dispensing facilities are required to use Phase I/II EVR (enhanced vapor recovery) systems. Phase II EVR have an average efficiency of 95.1 percent and Phase I EVR have an average efficiency of 98 percent. 3 Therefore, potential for fugitive VOC or TAC emissions from the gasoline pumps is negligible.
As concluded in the Health Risk Assessment, the Proposed Project would not be a significant source of toxic air contaminants emissions and sensitive receptors would not be exposed to toxic sources of air pollution.
The Proposed Project would be required to comply with all federal, state, and local laws regulating the management and use of hazardous materials which would minimize or eliminate potential impacts to schools . The Proposed Project would adhere to all California Code of Regulations, Title 23, Chapter 16 - Chapter 18 requirements and pursue the proper permitting and design approvals. It would comply with all Environmental Protection Agency requirements by adhering to all requirements set forth in the 2015 UST Regulations. Therefore, less than significant impacts are identified or anticipated, and no mitigation measures are required.
d) Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
No Impact. The Project Site was not found on the list of hazardous materials sites complied pursuant to Government Code Section 65962.5 by the California Department of Toxic Substances Control’s EnviroStor data management system . 16 EnviroStor tracks cleanup,
permitting, enforcement and investigation efforts at hazardous waste facilities and sites with known or suspected contamination issues. A Phase I Environmental Assessment report, dated April 14, 2022, was prepared for the Project Site by Robin Environmental Management (see Appendix H for report). The assessment revealed no evidence of apparently significant
16 California Department of Toxic Substances Control. EnviroStor database. Accessed March 24, 2022.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 41 environmental concern or recognized environmental conditions in connection with the property.
Therefore, no impacts are identified or anticipated, and no mitigation measures are required.
e) For a project located within an airport land use plan or, where such a plan had not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
Less than Significant Impact. The closest airport to the Project Site is the Palmdale Regional Airport/United States Air Force (USAF) Plant 42, with associated airport runways located as close as approximately 2.84 miles north of the Project Site. The Project Site is not located within an airport-influenced air or noise contour (65 CNEL) overlay.17 Therefore, the Proposed Project would not result in excessive noise for people residing in the area. The tallest primary structure is the proposed grocery store, which would be 2 9 feet tall. Furthermore, the Project Site is not located within an Accident Potential Zone nor an Air Installations Compatible Use Zone. The Proposed Project would not result in a substantial safety hazard related to airports.
Therefore, no significant impacts are identified or anticipated, and no mitigation measures are required.
f) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Less than Significant Impact. The Project Site is vacant and does not contain any emergency facilities. The Proposed Project is required to dedicate seven feet of right-of-way along the East Avenue R frontage to complete the ultimate half width improvements of 57 feet from centerline.
As part of the right-of-way dedication, sufficient right-of-way for a corner cutoff shall be provided at the intersection of East Avenue R and 25th Street East. In addition, a dedication of an additional two feet of right-of-way along the 25th Street East frontage to complete the ultimate half width improvements of fifty-two feet from centerline would also be required. The proposed drive-through carwash would provide a designated queuing reservoir that does not block aisles, driveways, or access to parking spaces. Moreover, t he Proposed Project would provide 40 parking spaces, which is more than the required 34 spaces (based on 25 spaces for the first 5,000 square-feet; plus 4 spaces/1,000 square-feet above 5,000 square-feet). As such, project vehicles are not anticipated to park off -site and interfere with the public right -of-way. Site access for operations would be subject to approval of the Site Plan review by the City .
Therefore, less than significant impacts are anticipated, and no mitigation measures are required.
g) Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
Less than Significant Impact. The Project Site is not located within a fire hazard area . In addition, the Proposed Project shall comply with the 2022 California Fire Code. Moreover, the Proposed Project is subject to all conditions of approval required by the LACFD , such as installing four public fire hydrants on the Project Site. The Proposed Project would provide a minimum setback of 20 feet that is fully landscaped along the north, east, and south boundaries. The western boundary of Parcel 2 would have a minimum setback of five feet.
17 Los Angeles County Airport Land Use Commission. Los Angeles County Airport Land Use Plan. Palmdale Airport/USAF Plant 42 Airport Influence Area. May 13, 2003.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 42 New development projects are required to comply with applicable fire protection and prevention requirements for construction, access, water mains, fire flows, and fire hydrants. Therefore, less than significant impacts are identified or anticipated, and no mitigation measures are required.
3.10 HYDROLOGY AND WATER QUALITY
10. HYDROLOGY AND WATER QUALITY.
Would the project:
Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
(a) Violate any water quality standards or waste
discharge requirements, or otherwise
substantially degrade surface or ground water
quality?
(b) Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge
such that the project may impede sustainable
groundwater management of the basin?
(c) Substantially alter the existing drainage pattern
of the site or area, including through the
alteration of the course of a stream or river or
through the addition of impervious surfaces, in a
manner which would:
i) Result in a substantial erosion or siltation on -
or off-site;
ii) Substantially increase the rate or amount of
surface runoff in a manner which would result in
flood on- or off-site;
iii) Create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted runoff;
or
iv) Impede or redirect flood flows?
(d) In flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project inundation?
(e) Conflict with or obstruct implementation of a
water quality control plan or sustainable
groundwater management plan?
Impact Analysis
a) Would the project violate any water quality standards or waste discharge requirements, or otherwise substantially degrade surface or ground water quality?
Less than Significant Impact . The Proposed Project would disturb approximately 110,657 square-feet and is therefore subject to the NPDES permit requirements. The State of California is authorized to administer various aspects of the NPDES. Construction activities covered under the State’s General Construction permit (CGP) include removal of vegetation, grading excavating, or any other activity that causes the disturbance of at least one acre. The CGP requires recipients to reduce or eliminate non- storm water discharges into stormwater systems, and to develop and implement a SWPPP.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 43 A preliminary Hydrology and Low Impact Development (LID) report was prepared for the entire Project Site (Parcels 1 and 2), by Blue Engineering and Consulting, Inc. in October 2023 (see Appendix I for report) . This project falls under designated projects for LID purposes. The category is in redevelopment projects, which are developments that result in creation or additional or replacement of either 10,000 square feet or more of impervious surface area on a site.
Source control measures that will be implemented are as follow:
• Storm Drain Message and Signage (S-1)
• Landscape Irrigation Practices (S-8)
• Building Materials (S-9)
Non-Structural Source Control BMPs that will be implemented are as follows:
• Education for property owner
• Activity Restrictions
• Common Area Landscape Management
• Common Area Litter Control
With implementation of these BMPs, the Proposed Project would not violate any water quality standards or waste discharge requirements, or otherwise substantially degrade surface or ground water quality . No significant impacts are identified or anticipated, and no mitigation measures are required.
c) Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
Less than Significant Impact. The Palmdale Water District (PWD) would provide potable water for the Proposed Project. PWD’s water supplies include imported water, local and regional supplies, groundwater, and recycled water. Groundwater is pumped from the Antelope Valley Groundwater Basin and has accounted for an average of 35 percent of PWD’s supplies since 2016. Per the 2016 Antelope Valley Groundwater Basin judgment, PWD will begin receiving a groundwater production right of 2,770 acre -feet per year ( AFY) starting in 2023.
PWD is also temporarily entitled to a share of a federal groundwater right, of up to 1,450 AFY until 2025. Population projections are based on the PWD Water Master Plan Draft Report.
Projections were determined by using Southern California Association of Governments (SCAG) growth percentages for the City of Palmdale and applying them to the population recorded in the 2010 census within the PWD boundary.
The land use data of the remaining undeveloped parcels within the PWD service area was analyzed to develop a ratio of undeveloped residential acreage to undeveloped commercial, industrial, and landscape acreages . Based on the land use classifications of the remaining undeveloped parcels within the PWD service area, for every one acre of residential area developed, approximately 0.34 acres of commercial, 0.03 acres of industrial, and 0.03 acres of landscape irrigation area will develop.18
18 Kennedy Jenks. Palmdale Water District 2020 Urban Water Management Plan. June 25, 2021.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 44 The Proposed Project is the development of a ten -island fueling station, a 7,258- square-foot grocery store, and a 2,127-square-foot drive-through carwash. The Proposed Project includes approximately 37,417 square feet of irrigated landscaping. The Proposed Project includes a Tentative Parcel Map (TPM) to subdivide the Project Site into two parcels. Development would occur on the proposed approximately 110,657-square-foot eastern parcel (Parcel 2 ) of the Project Site. The Proposed Project is anticipated to have a water demand of 1.5 acre-feet per year (AFY), based on a commercial demand factor of 0.60 AFY per acre.19
The Project Site is currently vacant and undeveloped. With implementation of the P roposed Project, the Project Site would be developed with impervious surface, buildings, and landscape. Implementation of the project BMPs would ensure that stormwater discharge does not substantially alter the existing drainage pattern or degrade water quality. Stormwater runoff from the proposed development will be collected in an on- site storm drain and directed to a bioretention area located on the northern portion of the Project Site. Therefore, the Proposed Project is not anticipated to have a substantial impact on groundwater supplies or interfere substantially with groundwater recharge.
Less than significant impacts are identified or anticipated, and no mitigation measures are required.
d) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the cour se of a stream or river or through the addition of impervious surfaces, in a manner which would:
i) result in substantial erosion or siltation on- or off-site
Less than Significant Impact. Erosion is the process by which soils are removed from the Project Site most commonly by wind or water. Erosion is more likely to occur if soils are left unprotected. The Project Site is currently undeveloped. The hazard of soil erosion would be reduced after construction of the Proposed Project by protecting soil via landscaping and directing stormwater runoff to bioretention system. NPDES permit requirements address the control of erosion and siltation. This includes the CGP which requires the effective implementation of erosion control measures. The RWQCB conducts inspections and enforces the CGP at construction sites. A SWPPP is required for construction of the Proposed Project and will include a list of Best Management Practices (BMPs) to avoid and minimize soil erosion.
Therefore, less than significant impacts are identified or anticipated, and no mitigation measures are required.
ii, iii, iv) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site; create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources or polluted runoff; or impede or redirect flood flows
Less than Significant Impact. The entire Project Site property (consisting of Parcel 1 and Parcel 2) comprises two drainage areas. Drainage Area (DA) 2 would be developed with the Proposed Project. DA-2 drains from the southwest corner of the area to the northeast corner.
There is no off-site runoff flowing onto the Project Site.
19 Kennedy Jenks. Palmdale Water District 2020 Urban Water Management Plan – Table 2-4 “Unit Demand Factors.” June 25, 2021.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 45 Under proposed conditions, t he general existing drainage patterns would be maintained. To address stormwater management and mitigate potential runoff issues associated with the increased impervious surface, the Proposed Project includes two underground corrugated metal pipe (CMP) detention/infiltration basins. These basins are designed to temporarily store stormwater runoff, allowing for infiltration into the ground and reducing peak flow rates downstream. These basins serve to attenuate peak flows, improve water quality, and mitigate potential flooding or erosion issues associated with the development.
Basin-2 will serve DA-2 (see Figure 4 – Proposed Drainage). Runoff from each drainage area is directed to proposed catch basins equipped with filter inserts. From there, the runoff passes through the filter inserts into proposed storm drainpipes. Finally, the runoff is discharged into the underground CMP basins. The proposed underground CMP basins are designed to accommodate the increase in runoff due to the Proposed Project. They are sized to meet the requirements for LID stormwater treatment volumes and t he required mitigation volumes for the development.
The outlet pipe of the CMP basins is sized using orifice control. The outlet peak flow is designed to be equal to or less than the pre-development condition. In the event of excess flow, a babbler basin overflow is used. The overflow directs excess runoff to the parkway drains and ultimately to the public streets.
The increase in discharge and volume from the Proposed Project will be fully retained and infiltrated into the ground. Any overflow will be discharged onto 25th Street East and Avenue R via parkway drains. The Proposed Project's stormwater management strategies will prevent adverse effects on individuals, downstream properties, or existing drainage.
Therefore, no significant impacts are identified, and no mitigation measures are required.
d) Would the project in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
Less than Significant Impact. Due to the inland distance from the Pacific Ocean (approximately 70 miles) and any other significant body of water, tsunamis and seiches are not potential hazards in the vicinity of the Project Site. The Project Site is within Flood Zone X, which is an area with 0.2 percent annual chance flood.
20 This zone corresponds to a 500-year
floodplain, which is an area of minimal flood hazard.21 Therefore, less than significant impacts are identified or anticipated, and no mitigation measures are required.
e) Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Less than Significant Impact. The Proposed Project would disturb approximately 110,657 square feet of undeveloped land and is therefore subject to the NPDES permit requirements. The State of California is authorized to administer various aspects of the NPDES. Construction activities covered under the State’s CGP include removal of vegetation, grading excavating, or any other activity that causes the disturbance of at least one acre. The CGP requires recipients to reduce or eliminate non- storm water discharg es into stormwater
20 Federal Emergency Management Agency. National Flood Hazard Layer. Accessed July 19, 2022. 21 Definitions of FEMA Flood Zone Designations.
https://efotg.sc.egov.usda.gov/references/public/NM/FEMA_FLD_HAZ_guide.pdf Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 46 systems, and to develop and implement a SWPPP. As stated previously, the Proposed Project would neither interfere with groundwater recharge nor have water demand not anticipated by the UWMP. Less than significant impacts are identified or anticipated, and no mitigation measures are required.
LILBURNC O R P O R A T I O N
PROPOSED DRAINAGE
FIGURE 4
Beyond Market & Carwash Development
City of Palmdale, California
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 48 3.11 LAND USE AND PLANNING
11. LAND USE/PLANNING
Would the project:
Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
(a) Physically divide an established community?
(b) Cause a significant environmental impact due to
a conflict with any land use plan, policy, or
regulation adopted for the purpose of avoiding or
mitigating an environmental effect?
Impact Analysis
a) Would the project physically divide an established community?
No Impact. The Proposed Project is the development of a commercial center on a currently vacant property. The Project Site is surrounded by a school to the west; an apartment complex to the north; single-family residences and 25th Street East to the east; and E ast Avenue R, a church, and single- family residences to the south. The physical division of an established community is typically associated with the construction of a linear feature, such as a major highway or railroad tracks, or removal of a means of access, s uch as a local road or bridge, which would impair mobility in an existing community or between a community and an outlying area. The Proposed Project does not include the construction of a linear feature. Therefore, the Proposed Project would neither physi cally divide an established community nor cause a significant environmental impact due to conflict with any land use plans or policies. No impacts are identified or anticipated, and no mitigation measures are required.
b) Would the project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
Less than Significant Impact. The Project Site is within the Mixed Use 2 land use designation and zone. The Proposed Project requires approval of a General Plan Amendment and Zone Change to change the existing land use designation and zoning to Neighborhood Commercial (NC). The NC zone is intended to foster convenience- type retail, neighborhood offices, and service activities that serve the daily needs of the immediate neighborhood. This zoning designation includes supermarkets, restaurants, apparel stores, small hardware stores, banks, offices, and similar uses. This zone also provides gathering places for the residents of surrounding neighborhoods and are ideal locations for local transit stops (including but not limited to bus stations and carsharing pods). This zone implements the Neighborhood Commercial General Plan land use designation.
The Proposed Project is the development of a ten- island fueling station, a 7,258- square-foot grocery store, and a 2,127-square-foot drive-through carwash facility. The fueling station and carwash uses of the Proposed Project are permitted within the NC zone, subject to a CUP and SPR. The proposed grocery store is a permitted use within the NC zone. There would be no environmental impacts associated with the Proposed Project as demonstrated in this Initial Study. Therefore, less than significant impacts are identified or anticipated, and no mitigation measures are required.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 49 3.12 MINERAL RESOURCES
12. MINERAL RESOURCES
Would the project:
Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
(a) Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents of the state?
(b) Result in the loss of availability of a locally -
important mineral resource recovery site
delineated on a local general plan, specific plan
or other land use plan?
Impact Analysis
a) Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
b) Would the project result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan?
No Impact. The Project Site is neither located within a mineral resource location nor a mineral resource extraction area .22 Furthermore, the property is currently surrounded by developed land on all sides: a school to the west; an apartment complex to the north; single- family residences and 25th Street East to the east; and E ast Avenue R, a church, and single- family residences to the south, making use of the site for mineral extraction infeasible. Therefore, no impacts are identified or anticipated, and no mitigation measures are required.
3.13 NOISE
13. NOISE
Would the project result in:
Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
(a) Generation of a substantial temporary or
permanent increase in ambient noise levels in
the vicinity of the project in excess of standards
established in the local general plan or noise
ordinance, or applicable standards of other
agencies?
(b) Generation of excessive groundborne vibration
or groundborne noise levels?
(c) For a project located within the vicinity of a
private airstrip or an airport land use plan or,
where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project expose people residing or
working in the project area to excessive noise
levels?
22 Rincon Consultants, Inc. City of Palmdale 2045 General Plan Update Draft Environmental Impact Report. July 2022.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 50 Impact Analysis
a) Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
Less than Significant with Mitigation Incorporated. A Noise Impact Analysis, dated September 26, 2022 and revised December 21, 2023, was prepared for the Proposed Project by Ganddini Group, Inc. (see Appendix J for report). The unit of measurement used to describe a noise level is the decibel (dB). The human ear is not equally sensitive to all frequencies within the sound spectrum. Therefore, the “A-weighted” noise scale, which weights the frequencies to which humans are sensitive, is used for measurements. Noise levels using A -weighted measurements are written dB(A) or dBA. Noise standards for land use compatibility are stated in terms of the Community Noise Equivalent Level (CNEL) and the Day -Night Average Noise Level (DNL). CNEL is a 24 -hour weighted average measure of community noise. CNEL is obtained by adding five decibels to sound levels in the evening (7:00 PM to 10:00PM), and by adding ten decibels to sound levels at night (10:00 PM to 7:00 AM). This weighting accounts for the increased human sensitivity to noise during the evening and nighttime hours. DNL is a very similar 24-hour average measure that weights only the nighttime hours. The equivalent continuous noise level, Leq, is a level of steady state sound that in a stated time period, and a stated location, has the same A-weighted sound energy as the time-varying sound.
Construction Impacts
The existing multi -family residential use property lines located adjacent to the north; the existing single-family residential use property lines located approximately 100 feet to the east, 175 feet to the southeast, and 100 feet to the south; the existing school use property line located adjacent to the west; and the existing church use property line located approximately 100 feet to the south of the Project Site boundaries may be affected by short -term noise impacts associated with construction noise.
Modeled unmitigated construction noise levels reached 76 dBA Leq at the nearest multi-family residential property line to the north of the Project Site, up to 63 dBA Leq at the nearest single- family residential property line to the northeast of the Project Site, up to 73 dBA Leq at the nearest single-family residential property line to the east of the Project Site, up to 69 dBA Leq at the nearest single-family residential property line to the southeast of the Project Site, up to 72 dBA Leq at the nearest single-family residential property line to the south of the Project Site, up to 72 dBA Leq at the nearest church property line to the south of the Project Site, up to 61 dBA Leq at the nearest single-family residential property line to the southwest of the Project Site, and up to 68 dBA Leq at the nearest school property line to the west of the Project Site.
Construction noise sources are regulated within Palmdale Municipal Code Section 8.28.030 which prohibits construction activities after 8:00 PM or before 6:30 AM, in any residential zone or within 500 feet of any residence, hotel, motel or recreational vehicle park. Project construction will not occur outside of the hours outlined as “exempt” in PMC Section 8.28.030 and therefore, will not result in or generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance.
The following BMPs will be included on the project plans and any related contract specifications. Construction noise impacts would be less than significant.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 51 1. All construction equipment whether fixed or mobile, will be equipped with properly operating and maintained mufflers, consistent with manufacturer standards.
2. All stationary construction equipment will be placed so that emitted noise is directed away from the noise sensitive receptors nearest the Project Site.
3. As applicable, all equipment shall be shut off when not in use.
4. To the degree possible, equipment staging will be located in areas that create the greatest distance between construction- related noise and vibration sources and existing sensitive receptors.
5. Jackhammers, pneumatic equipment, and all other portable stationary noise sources will be directed away and shielded from existing residences in the vicinity of the Project Site. Either one-inch plywood or sound blankets can be utilized for this purpose. They should reach up from the ground and block the line of sight between equipment and existing residences. The shielding should be without holes and cracks.
6. No amplified music and/or voice will be allowed on the Project Site.
7. Haul truck deliveries will not occur outside of the hours presented as exempt for construction per PMC Section 8.28.030.
Off-Site Construction
Construction truck trips would occur throughout the construction period. Given the Project Site’s proximity to the State Route 138 and State Route 14, it is anticipated that vendor and/or haul truck traffic would take the most direct route to the appropriate freeway ramps. According to the Federal Highway Administration (FHWA), the traffic volumes need to be doubled in order to increase noise levels by 3 dBA CNEL. The estimated existing average daily trips along East Avenue R range between 12,100 to 14,300 average daily vehicle trips and along 25th Street East range between 5,700 to 12,600 average daily vehicle trips. Project construction is expected to generate up to approximately 148 vehicle trips per day (7.5 for worker trips and 140 for hauling trips). Therefore, the addition of project vendor/haul trucks and worker vehicles per day along off -site roadway segments would not be anticipated to result in a doubling of traffic volumes. Off-site project generated construction vehicle trips would result in a negligible noise level increase and would not result in a substantial increase in ambient noise levels.
Noise Impacts Due to Project Operation
Operational Noise – Vehicle Trips
The Proposed Project is expected to generate approximately 4,656 new average daily trips (with pass-by reduction) with 171 trips during the AM peak -hour and 209 trips during the PM peak-hour. Modeled Existing traffic noise levels range between 68-76 dBA CNEL at the right- of-way of each modeled roadway segment; and the modeled Existing Plus Project traffic noise levels range between 68-76 dBA CNEL at the right-of-way of each modeled roadway segment.
Project generated vehicle traffic is anticipated to increase the noise be tween approximately
0.06 to 0.74 dBA CNEL and would not result in significant increases in ambient noise levels.
The impact would be less than significant. No mitigation is required.
Operational Noise – On-Site Noise sensitive land uses that may be affected by project operational noise include the existing residential dwelling units to the north, south and east, and Palmdale High School to the west. M odeled peak hour project operational noise is Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 52 expected to range between 53 and 68 dBA CNEL at the residential land uses. This exceeds the City’s Maximum Acceptable Noise Levels criteria of 65 dBA CNEL. With the addition of a 6-foot concrete wall along the northern project property line, operational noise levels at residential land uses would all fall below the City’s criteria of 65. Impacts would be less than significant with implementation of Mitigation Measure N-1. In addition, the car wash use shall operate daily between the hours of 7:00 AM to 9:00 PM.
Operational noise levels at Palmdale High School, west of the Project Site would not exceed 54 dBA CNEL and therefore will not exceed 45 dBA CNEL at classrooms. Typical construction provides approximately 20 dB of exterior to interior noise reduction and classroom portables can be expected to provide at least 15 dB of exterior to interior noise levels as long as HVAC is provided, allowing a window closed condition.
Existing measured ambient noise levels at the sensitive receptor locations ranged between 52 and 68 dBA CNEL at nearby properties. Without mitigation, the Proposed Project may increase ambient noise levels by up to 11.7 dBA CNEL at the northern property line shared with multiple family residential development. With implementation of Mitigation Measure N -1, the increase in ambient noise levels would be less than one dB. Therefore, less than significant impacts are anticipated with implementation of Mitigation Measure N-1.
Mitigation Measure N-1:
A concrete wall, six feet in height, shall be installed along the northern project boundary.
With incorporation of Mitigation Measure N-1, the Proposed Project would not result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the City Municipal Code. b) Would the project result in generation of excessive groundborne vibration or groundborne noise levels?
Less than Significant Impact. Vibration amplitudes are usually expressed as either peak particle velocity (PPV) or the root mean square (RMS) velocity. The PPV is defined as the maximum instantaneous peak of the vibration signal in inches per second. The RMS of a signal is the average of the squared amplitude of the signal in vibration decibels (VdB), ref one micro- inch per second. The Federal Railroad Administration uses the abbreviation “VdB” for vibration decibels to reduce the potential for confusion with sound decibel.
Architectural Damage
0.5 in/sec is the threshold at which there is a risk to “architectural” damage to modern industrial/commercial buildings , 0.25 in/sec for historical structures, and a PPV level of
0.3 in/sec for older residential structures. The nearest off -site structures, to the portion of the Project Site where construction is to occur, include the multi -family residential dwelling units located as close as approximately 38 feet to the north of the project’s northern property line, the single-family residential dwelling units located as close as approximat ely 115 feet to the east of the project’s eastern property line and 106 feet to the south of the project’s southern property line, and the school structures located as close as approximately 355 feet to the west (solar carports) and 389 feet to the northwest (buildings) of the project’s western property line.
Temporary vibration levels associated with project construction would not exceed the threshold Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 53 at which there is a risk to “architectural” damage to older residential structures of a PPV of
0.3 in/sec or industrial/commercial buildings of a PPV of 0.5 in/sec. The project does not propose any non-construction related sources of ground-borne vibration. Temporary vibration levels associated with project construction would be less than significant.
Annoyance to Persons
Groundborne vibration becomes distinctly perceptible to sensitive receptors at a level of
0.04 in/sec PPV and severely perceptible at a level of 0.1 in/sec PPV. Operation of a vibratory roller may result in groundborne vibration levels of up to 0.1 at a distance of 41 feet and a large bulldozer at a distance of 23 feet. Therefore, project constructi on could cause annoyance to the residential uses to the north of the Project Site. However, potential annoyance would only occur when a vibratory roller, or other similar vibratory equipment, is utilized within three feet of the property line in proximity to the residential dwelling unit to the north. Therefore, annoyance will be short-term and will occur only during site grading and preparation which will be limited to daytime hours. Impacts are less than significant.
Operation of the Proposed Project will involve the movement of passenger vehicles and trucks.
Driving surfaces of the Proposed Project will be paved and will generally be smooth. Loaded trucks generally have a PPV of 0.076 at a distance of 25 feet (Caltrans 2020). Groundborne vibration levels associated with passenger vehicles are much lower. The movement of vehicles on the P roject Site would not result in the generation of excessive groundborne vibration or groundborne noise.
In conclusion, the Proposed Project would not project result in generation of excessive groundborne vibration or groundborne noise levels . No significant impacts are identified or anticipated, and no mitigation measures are required.
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
Less than Significant Impact. The closest airport to the Project Site is the Palmdale Regional Airport/United States Air Force (USAF) Plant 42, with associated airport runways located as close as approximately 2.84 miles north of the Project Site. The Project Site is not located within an airport influence air , noise contour (65 CNEL) overlay , 23 or an air installation
compatible use zone.24 Therefore, the Proposed Project would not result in excessive noise for people residing in the area. Therefore, no significant impacts are identified or anticipated, and no mitigation measures are required.
23 Los Angeles County Airport Land Use Commission. Los Angeles County Airport Land Use Plan. Palmdale Airport/USAF Plant 42 Airport Influence Area. May 13, 2003. 24 Rincon Consultants, Inc. City of Palmdale 2045 General Plan Update Draft Environmental Impact Report. July 2022.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 54 3.14 POPULATION AND HOUSING
14. POPULATION AND HOUSING.
Would the project:
Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
(a) Induce substantial unplanned population growth
in an area, either directly (for example, by
proposing new homes and businesses) or
indirectly (for example, through extension of
roads or other infrastructure)?
(b) Displace substantial numbers of existing people
or housing, necessitating the construction of
replacement housing elsewhere?
Impact Analysis
a) Would the project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
Less than Significant Impact. The Proposed Project is the development of a fueling station, grocery store, and car wash facility. The Proposed Project would require approximately 12 employees. With a 6.9 percent unemployment rate,
25 employees would be expected to
come from the local labor pool. Construction activities would be temporary and would not attract new employees to the area. The Project Site is within the Mixed Use 2 (MU 2) land use designation and zone. The Proposed Project requires approval of a General Plan Amendment and Zone Change to change the existing land use designation and zon e to Neighborhood Commercial (NC). The Proposed Project does not involve construction of new homes so it would not induce local population growth. No significant adverse impacts are identified or anticipated, and no mitigation measures are required.
b) Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
No Impact. The Project Site is currently vacant and does not contain any residential housing.
Implementation of the Proposed Project would not require the construction of replacement housing elsewhere. Therefore, no impacts are identified or anticipated, and no mitigation measures are required.
25 http://www.laalmanac.com/employment/em03.php; Accessed 9.29.22 Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 55 3.15 PUBLIC SERVICES
15. PUBLIC SERVICES.
Would the project result in substantial
adverse physical impacts associated with the
provision of new or physically altered
governmental facilities, need for new or
physically altered governmental facilities, the
construction of which could cause
significant environmental impacts, in order
to maintain acceptable service ratios,
response times or other performance
objectives for any of the public services:
Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
(a) Fire Protection?
(b) Police Protection?
(c) Schools?
(d) Parks?
(e) Other public facilities?
Impact Analysis
a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for fire protection?
Less than Significant Impact. The City of Palmdale works with the Los Angeles County Fire Department (LACFD) to identify fire protection needs and secure new sites for fire facilities.
LACFD Station 131, located at 2629 E Avenue S, is approximately one mile south of the Project Site. New development projects are required to comply with applicable fire protection and prevention requirements for construction, access, water mains, fire flows, and fire hydrants. In addition, the Proposed Project is subject to all conditions of approval required by the LACFD.
Palmdale Municipal Code requires development applicants to pay development impact fees to mitigate the impacts of that development on the City’s existing fire protection facilities. 26 The
Project Applicant will be required to pay a mitigation fee to support the demand for increased fire protection services from the Proposed Project. Therefore, less than significant adverse impacts are identified or anticipated, and no mitigation measures are required.
b) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for police protection?
Less than Significant Impact. The City of Palmdale is contracted with the Los Angeles County Sheriff’s Department (Sheriff’s Department) for law enforcement services. The Palmdale Sheriff’s Station, located at 750 East Avenue Q, is approximately 1.8 miles northwest
26 Rincon Consultants, Inc. City of Palmdale 2045 General Plan Update Draft Environmental Impact Report. July 2022.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 56 of the Project Site. The development of the Proposed Project could increase the demand for police services in the local area when compared to existing conditions. The Project Applicant would be required to pay a development impact fee. Payment of the development impact fee would be used to meet the demand for police protection services. Furthermore, the Proposed Project is subject to review and approval by the Sheriff’s Department. Therefore, less than significant adverse impacts are identified or anticipated, and no mitigation measures are required.
c) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for schools?
Less than S ignificant Impact. The Project Site is located within the boundaries of the Antelope Valley Union High School District and Palmdale School District . The increase in employment from the Proposed Project is anticipated to be fulfilled by the local labor pool. The Proposed Project does not include the development of new housing. It is not anticipated to result in an increase in population growth within the area, and therefore would not increase the number of students. Proposed developments within the City are subject to development impact fees, which pursuant to California Government Code Section 65995, payment of these fees by a developer serves to mitigate all potential impacts on school facilities that may result from implementation of a project to a less -than-significant level. 27 The Project Applicant will be
required to pay applicable development fees in support of public school facilities. This fee will be sufficient to mitigate potential impacts of the Proposed Project on schools. Therefore, less than significant adverse impacts are identified or anticipated, and no mitigation measures are required.
d) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for parks?
No Impact. A significant impact generally occurs if a proposed development includes substantial population growth through residential development that could generate an increased demand for recreational and park facilities. No increase in the City’s population is anticipated from the implementation of the Proposed Project. Therefore, there would be no need for new or physically altered park facilities. Therefore, no impacts are identified or anticipated, and no mitigation measures are required.
e) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for other public facilities?
27 Rincon Consultants, Inc. City of Palmdale 2045 General Plan Update Draft Environmental Impact Report. July 2022.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 57 Less than Significant Impact. The Proposed Project is not anticipated to have a significant impact on public facilities/services because an increase in the City’s population is not anticipated with the Proposed Project . In addition, Palmdale imposes Development Impact Fees (Palmdale Municipal Code Chapter 3.45) for public facilities in order to mitigate environmental impacts that derive from projects. The fees would be imposed on applicable residential and non -residential developments, and funds collected v ia these fees would be used to construct, expand, or rehabilitate public facilities within the City. 28 The Project Applicant’s payment of development impact fees will mitigate any potential impacts on public services. Therefore, less than significant impacts are identified or anticipated, and no mitigation measures are required.
3.16 RECREATION
16. RECREATION.
Would the project:
Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
(a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial
physical deterioration of the facility would occur
or be accelerated?
(b) Does the project include recreational facilities or require the construction or expansion of
recreational facilities which might have an
adverse physical effect on the environment?
Impact Analysis
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
No Impact. The Proposed Project does not include the development of new housing that would contribute to an increase in the local population. The implementation of the Proposed Project is not expected to lead to substantial population growth. As a result, the Proposed Project would not lead to substantial physical deterioration of neighborhood and regional parks or other recreational facilities. It would not require the construction or expansion of parks or other recreational facilities to meet demands. Therefore, no impacts are identified or anticipated, and no mitigation measures are required.
b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?
No Impact. The Proposed Project does not include or require the construction or expansion of recreational facilities to meet the demands of residential development. Therefore, no impacts are identified or anticipated, and no mitigation measures are required.
28 Rincon Consultants, Inc. City of Palmdale 2045 General Plan Update Draft Environmental Impact Report. July 2022.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 58 3.17 TRANSPORTATION
17. TRANSPORTATION.
Would the project:
Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
(a) Conflict with a program, plan, ordinance or policy
addressing the circulation system, including
transit, roadways, bicycle and pedestrian
facilities?
(b) Conflict or be inconsistent with CEQA Guidelines
s § 15064.3, subdivision (b)?
(c) Substantially increase hazards due to a
geometric design feature (e. g., sharp curves or
dangerous intersections) or incompatible uses
(e.g., farm equipment)?
(d) Result in inadequate emergency access?
Impact Analysis
a) Would the project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadways, bicycle and pedestrian facilities?
Less than Significant Impact. The Circulation and Mobility Element of the General Plan presents the approach to transportation, addressing access and mobility within the city. It provides a roadway classification system, corresponding cross -sections, and recommended future networks for motor vehicles, walking, biking, riding transit, and the movement of freight.
A Traffic Impact Analysis (TIA), dated November 23, 2022, was prepared for the original project site plan (June 16, 2023) by Ganddini Group, Inc.(see Appendix K for the report). As concluded in the TIA, the original project was forecast to generate a total of approximately 5,685 new daily trips. A Project Trip Generation technical memorandum, dated November 20, 2023, was prepared to evaluate the change in trip generation that can be expected between the original project site plan (June 16, 2022) and the revised project site plan (October 6, 2023) (see Appendix L). To more accurately forecast the pass -by trips that occur for a 24 -hour day, the daily pass-by calculation changed from a sum of peak hours trips ( as what was utilized in the 2022 TIA for the original project ) to one-half of the average of the peak hour rates applied to the daily trips (utilized for the trip generation comparison) . As stated in the technical memorandum, the Proposed Project is forecast to generate a total of approximately 4,656 new daily trips, including 171 new trips during the AM peak hour and 209 new trips during the PM peak hour. It would generate approximately 310 more daily trips compared to the original project, including 16 more trips during the AM peak hour and 24 more trips during the PM peak hour. The following details how the Proposed Project would be consistent with the relevant policies of the General Plan Circulation and Mobility Element:
Policy CM-2.4: Prioritize multimodal infrastructure that connects existing development with future infill development areas (i.e., gap closure projects).
Consistent: The Proposed Project is an infill project. A bus shelter and trash can are proposed on East Avenue R, near the southwest corner of Parcel 2.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 59 Policy CM-2.6: Review the truck route network periodically and update as necessary to minimize impacts on residential neighborhoods while accommodating needs of commercial/industrial uses.
Consistent: The nearest truck route to the Project Site is Palmdale Boulevard/SR 188, located approximately 0.4 mile north of the Project Site. As the Project Site is located in an area that is predominantly residential, project trucks may pass residential areas. However, 25th Street E and East Avenue R are both classified as crosstown roads, 29 which focus on through traffic.
Furthermore, as the Project Site is near the freeway entranc e, impacts to residential neighborhoods are not anticipated to be significant.
Policy CM-3.1: Make public transit a convenient and reliable option for daily trip making on a local and regional basis.
Consistent: The Applicant would coordinate with Antelope Valley Transit Authority (AVTA) to ensure the Proposed Project does not interfere with transit service. Moreover, the Proposed Project would provide a bus shelter and trash can on East Avenue R, near the southwest corner of Parcel 2.
Policy CM-5.5: Install secure short- and long-term bicycle parking near key destinations, civic buildings, and transit facilities.
Consistent: The Proposed Project would provide a bus shelter on East Avenue R, near the southwest corner of Parcel 2. It would provide on-site pedestrian facilities that would connect to the existing off-site sidewalks and bicycle parking spaces.
Policy CM-8.3: Ensure that right -of-way is reserved wherever possible to implement the mobility network.
Consistent: The applicant will be required to dedicate an additional seven feet of right-of-way along the East Avenue R frontage to complete the ultimate half width improvements of 57 feet from centerline. The applicant will be required to dedicate an additional 2 feet of right -of-way along the 25th Street East frontage to complete the ultimate half width improvements of 52 feet from centerline. As part of the right-of-way dedication, sufficient right-of-way for a corner cutoff shall be provided at the intersection of East Avenue R and 25th Street East.
As demonstrated above, the Proposed Project would be consistent with the Circulation and Mobility Element of the General Plan. Therefore, no significant impacts are identified or anticipated, and no mitigation measures are required.
b) Conflict or be inconsistent with CEQA Guidelines s § 15064.3, subdivision (b)?
Less than Significant Impact. The amended CEQA Guidelines, specifically Section 15064.3, recommend the use of Vehicle Miles Travelled (VMT) as the primary metric for the evaluation of transportation impacts associated with land use and transportation projects. In general terms, VMT quantifies the amount and distance of automobile travel attributable to a project or region.
A VMT Screening Assessment, dated June 24, 2022, was prepared for the Proposed Project by Ganddini Group, Inc . (see Appendix M for report). The County TIA Guidelines identifies
29 City of Palmdale. Envision Palmdale 2045 – City of Palmdale General Plan. Effective October 22, 2022, Amended on March 15, 2023.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 60 local-serving retail land uses as presumed to have less than significant VMT impacts for the retail portion of the project. For the determination of local serving, the retail land use should not exceed 50,000 square feet of gross floor area. For mixed-use projects with retail land uses less than 50,000 square feet, the remaining portion of the project excluding the retail land use may be subject to further VMT screening or analysis. For projects with retail land uses greater than 50,000 square feet , the pro ject in its entirety will need to evaluate the project’s VMT impact. The Proposed Project consists of less than 50,000 square feet of local serving retail uses; therefore, the Proposed Project satisfies the County-established retail Project Site Plan screening criteria and may be presumed to result in a less than significant VMT impact.
Therefore, less than significant impacts are identified or anticipated, and no mitigation measures are required.
c) Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)?
Less than Significant Impact. The Project Site is not adjacent to windy roads or dangerous intersections. The Proposed Project is the development of a fueling station, grocery store with drive-thru, and a car wash facility on a currently vacant property. The applicant shall construct a raised median on 25th Street East along the project frontage. The proposed access driveways shall be limited to right-turn in and right-turn out only movements. Access restrictions would thereby prevent dangerous left-turn movements into and out of the site. The Proposed Project would include traffic signal modifications at 25th Street East and East Avenue R to accommodate a new southbound right-turn lane. The TIA includes intersection sight distance analysis prepared for the project driveways. Sufficient stopping sight distance and intersection sight distance would be provided for vehicles exiti ng the project driveway on East Avenue R and the project driveway on 25th Street East with implementation of the recommended landscaping and on-street parking restrictions, as shown on Figures 33 and 34 of the TIA. The Proposed Project would require approval by the City Engineering Division to ensure the Proposed Project does not result in safety hazards . Therefore, less than significant adverse impacts are identified or anticipated, and no mitigation measures are required.
d) Would the project result in inadequate emergency access?
Less than Significant Impact. The Proposed Project would be required to provide a designated queuing reservoir that does not block aisles, driveways, or access to parking spaces.
30 As concluded in the TIA, the traffic volumes for project driveways are forecast to operate within the available storage length during the peak hours for the Opening Year (2024) With Project conditions. The proposed raised median on 25th Street East north of East Avenue R would incorporate the necessary storage length of 270 feet during construction of the median. The 25th Street East at East Avenue R intersection northbound left-turn has additional storage length available within the two-way left turn for a total length of approximately 500 feet before the queue would interfere with the upstream intersection. Vehicular access to the Project Site is proposed to be provided by two 40- foot, restricted access driveways. The driveways would be wide enough to allow evacuation and emergency vehicles simultaneous access. The Proposed Project would provide 40 parking spaces. The provided parking stalls would be more than the 34 parking spaces required for the Proposed Project. Therefore,
30 PMC Section 17.92.010
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 61 vehicles are expected to park on-site and would not interfere with off-site traffic. The Proposed Project would require approval by the Los Angeles County Fire Department to maintain adequate emergency access. Therefore, less than significant adverse impacts are identified or anticipated, and no mitigation measures are required.
3.18 TRIBAL CULTURAL RESOURCES
18. TRIBAL CULTURAL RESOURCES.
Would the project:
Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
(a) Would the project cause a substantial adverse
change in the significance of a tribal cultural
resource, defined in Public Resources Code
section §21074 as either a site, feature, place,
cultural landscape that is geographically defined
in terms of the size and scope of the landscape,
sacred place, or object with cultural value to a
California Native American tribe, and that is:
i) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in
Public Resources Code section 5020.1(k), or
ii) A resource determined by the lead agency, in
its discretion and supported by substantial
evidence, to be significant pursuant to criteria set
forth in subdivision (c) of Public Resources Code
Section 5024.1. In applying the criteria set forth
in subdiv ision (c)
of Public Resource Code
Section 5024.1, the lead agency shall consider
the significance of the resource to a California
Native American tribe.
Impact Analysis
i) Would the project cause a substantial adverse change in a listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)?
Less than Significant with Mitigation Incorporated. The archaeological records search performed by BFSA indicated that the Project Site has been previously studied in 1995 (Romani 1995) and was negative for the presence of previously recorded cultural resources.
Archival research has indicated that the property remained vacant until it was developed with a large building (a grocery store with shops) and a paved parking lot between 1973 and 1974.
As stated previously, no artifacts, cultural ecofacts, bedrock outcrops, fresh water resources, or other materials related to prehistoric or historic land use were observed during the field survey. No midden soils or cultural resources were observed during the survey. Concrete vaults and one sewer manhole were observed within the project, none of which are historic .
Given that 17 cultural resources studies have been conducted within one- half mile of the property and that only one previously recorded cultural resource has been identified as a result of these studies, there is a low potential for archaeological discoveries within the Project Site.
Given the results of the field survey, archival research, and institutional records search, no Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 62 potential impacts to cultural resources are anticipated from the implementation of the Proposed Project. The potential for unanticipated discovery of archaeological resources will be addressed with the implementation of Mitigation Measure CR-1, as described above.
ii) Would the project cause a substantial adverse change in a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1?
Less than Significant with Mitigation Incorporated. California Assembly Bill 52 (AB52) was approved by Governor Brown on September 25, 2014. AB52 specifies that CEQA projects with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource may have a significant effect on the environment. As such, the bill requires lead agency consultation with California Native American tribes traditionally and culturally affiliated with the geographic area of a Proposed Project, if the tribe requested to the lead agency, in writing, to be informed of proposed projects in that geographic area. The legislation further requires that the tribe- requested consultation be completed prior to determining whether a negative declaration, mitigated negative declaration, or environmental impact report is required for a project.
As required by CEQA, AB 52 consultation is performed between the lead government agency and California Native American tribes who have requested notification of projects in their traditional area.
Senate Bill 18 (SB 18) requires cities and counties to conduct consultations with California Native American tribes before the local officials adopt or amend their general plans. These consultations are for preserving or mitigating impacts to Native American hist oric, cultural, sacred sites, features, and objects located within the city or county.
On July 23, 2024, the City provided notification to the following tribes in accordance with AB52 and SB 18: the Gabrieleno Band of Mission Indians – Kizh Nation, Fernandeno Tataviam Band of Mission Indians (FTBMI), San Fernando Band of Mission Indians , Gabrieleno/Tongva San Gabriel Band of Mission Indians, and Yuhaaviatam of San Manuel Nation.
In an email dated September 6, 2024, the Cultural Resources Management Division of the FTBMI requested the following Mitigation Measures TCR-1 to TCR-3 be implemented.
In an email dated August 7, 2024, the YSMN requested Mitigation Measures TCR -4 to TCR- 8 be added.
Mitigation Measure TCR-1:
In the Event of an Inadvertent Discovery - If cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60- foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards retained by the project applicant shall assess the find. Work on the portions of the Projects outside of the buffered area may continue during this assessment period. Should the find be deemed significant, as defined by CEQA (as amended, 2015), the Project applicant shall retain a professional Tribal Monitor procured by the FTBMI to observe all remaining ground-disturbing activities including, but not limited to, clearing, grading, excavating, digging, trenching, plowing, Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 63 drilling, tunneling, quarrying, leveling, driving posts, auguring, blasting, stripping topsoil or similar activity, and archaeological work.
Mitigation Measure TCR-2:
Disposition and Treatment of Inadvertent Discoveries - The Lead Agency and/or applicant shall, in good faith, consult with the FTBMI on the disposition and treatment of any Tribal Cultural Resource encountered during all ground disturbing activities.
Mitigation Measure TCR-3:
In the Event of Inadvertent Discovery, Human Remains - If human remains or funerary objects are encountered during any activities associated with the Project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code shall be enforced for the duration of the Project. Inadvertent discoveries of human remains and/or funerary object(s) are subject to California State Health and Safety Code Section 7050.5, and the subsequent disposition of those discoveries shall be decided by the Most Likely Descendant (MLD), as determined by the Native American Heritage Commission (NAHC), should those findings be determined as Native American in origin.
Mitigation Measure TCR-4:
In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60 -foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find.
Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, the Yuhaaviatam of San Manuel Nation Cultural Resources Department (YSMN) shall be contacted, as detailed within TCR -7, regarding any pre-contact finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment.
Mitigation Measure TCR-5:
If significant pre-contact cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to YSMN for review and comment, as detailed within TCR-7. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly.
Mitigation Measure TCR-6:
If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100- foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 64 Mitigation Measure TCR-7:
The Yuhaaviatam of San Manuel Nation Cultural Resources Management Department (YSMN) shall be contacted, as detailed in TCR- 4, of any pre -contact cultural resources discovered during project implementation, and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment.
Should the find be deemed significant, as defined by CEQA (as amended, 2015), a Cultural Resources Monitoring and Treatment Plan shall be created by the archaeologist, i n coordination with YSMN, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents YSMN for the remainder of the project, should YSMN elect to place a monitor on-site.
Mitigation Measure TCR-8:
Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to YSMN. The Lead Agency and/or appli cant shall, in good faith, consult with YSMN throughout the life of the project.
3.19 UTILITIES AND SERVICE SYSTEMS
19. UTILITIES/SERVICE SYSTEMS.
Would the project:
Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
(a) Require or result in the relocation or construction of new or expanded water, wastewater
treatment, or storm water drainage, electric
power, natural gas, or telecommunications
facilities, the construction or relocation of which
could cause significant environmental effects?
(b) Have sufficient water supplies available to serve
the project and reasonably foreseeable future
development during normal, dry and multiple dry
years?
(c) Result in a determination by the wastewater
treatment provider which serves or may serve
the project that it has adequate capacity to serve
the project’s projected demand in addition to the
provider’s existing commitments?
(d) Generate solid waste in excess of State or local
standards or in excess of the capacity of local
infrastructure, or otherwise impair the attainment
of solid waste reduction goals?
(e) Comply with federal, state, and local
management and reduction statutes and
regulations related to solid wastes?
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 65 Impact Analysis
a) Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction or expansion of which could cause significant environmental effects?
Less than Significant Impact. The Project Site is located within the jurisdictional boundary of Los Angeles County Sanitation District (LACSD) No. 20. The Proposed Project will connect to existing eight-inch and 12”-inch sewer lines in 25th Street East. A Sewer Demand Study was prepared for the Proposed Project in May 2023 by Blue Engineering & Consulting, Inc. (see Appendix N for report). The report demonstrates that the LACSD standards, average and design flow is met by the proposed on-site sewer laterals that would be sufficient for the Proposed Project’s wastewater collection.
The Project Site is within the service area of Palmdale Water District (PWD) . The Proposed Project would include construction of 6- inch water laterals connecting to an existing 1 6-inch water line in 25th Street East. As stated previously, on-site runoff from DA-2 would be directed to a proposed catch basin equipped with filter inserts. From there, the runoff would pass through the filter inserts and into proposed storm drainpipes. Finally, the runoff would be discharged into the underground CMP bas in, Basin 2. This basin is designed to temporarily store stormwater runoff, allowing infiltration into the ground and reducing peak flow rates downstream.
Southern California Edison will provide basic electrical services to the Project Site. There are existing electric lines along East Avenue R and 25th Street East that the Proposed Project can connect to. 31 Therefore, development of the Proposed Project would not require the construction or expansion of electric power facilities.
The Project Site would be serviced by Southern California Gas Company’s (SoCalGas) existing natural gas distribution system that serves the general area of the Project Site. The City of Palmdale is within the boundaries of the Foothill distribution division and the North Basin transmission division.32 There are existing gas lines along East Avenue R that the Proposed Project can connect to.
The Proposed Project will be served by Verizon for telecommunication services and Spectrum for cable services. Both companies currently serve the primary built-out project area and have facilities near the Project Site. The Proposed Project would not require or result in the relocation or construction of new or expanded Verizon or Spectrum facilities given that the Project Site is located in a developed area with access to these services.
The Proposed Project is not anticipated to require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electrical power, natural gas, or telecommunications facilities that would cause significant environmental effects.
31 City of Palmdale. Interactive MapGuide. Accessed March 25, 2022. 32 City of Palmdale Public Works Department. Local Hazard Mitigation Plan 2021- 2026 Update. September 30, 2021.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 66 No significant adverse impacts are identified or are anticipated, and no mitigation measures are required.
b) Would the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal dry and multiple dry years?
Less than Significant Impact. The Project Site will be serviced by the Palmdale Water District (PWD). PWD’s water supplies include imported water, local and regional supplies, groundwater, and recycled water. As a State Water Contractor of the State Water Project (SWP), PWD purchases imported water from the Department of Water Resources (DWR).
Each year, PWD receives an annual allotment, which is based on available SWP supplies, with a total maximum contract amount of 21,300 AFY. Since 2010, PWD has received between 13 and 78 percent of their annual allotment. PWD also has a long- term lease agreement with Butte County for up to 10,000 AFY of their SWP.33
PWD is actively working with the Sanitation Districts of Los Angeles County (LACSD) to develop recycled water supplies for its service area customers and future groundwater recharge projects. Recycled water will help PWD meet its future water demands. PWD’s water supplies are anticipated to be available in a normal year, a single-dry year, and during multiple- dry years.34
The land use data of the remaining undeveloped parcels within the PWD service area was analyzed to develop a ratio of undeveloped residential acreage to undeveloped commercial, industrial, and landscape acreages . Based on the land use classifications of the remaining undeveloped parcels within the PWD service area, for every one acre of residential area developed, approximately 0.34 acres of commercial, 0.03 acres of industrial, and 0.03 acres of landscape irrigation area will develop.
35 The Proposed Project is the development of 10 -island fueling station, a 7,258- square-foot grocery store, and a 2,127-square-foot drive-through carwash. The Proposed Project includes a Tentative Parcel Map (TPM) to subdivide the Project Site into two parcels. The development would occur on the proposed approximately 110,657 square feet eastern parcel (Parcel 2) of the Project Site. The Proposed Project is anticipated to have a water demand of 1.5 acre-feet per year (AFY), based on a commercial demand factor of 0.60 AFY per acre. 36 Although the
Proposed Project requires approval of a GPA/ZC, the water demand for the Proposed Project is not anticipated to be significantly different from PWD’s projections as the MU 2 allows for commercial uses and the Proposed Project includes commercial uses. Therefore, less than significant impacts are identified or anticipated, and no mitigation measures are required.
c) Would the project result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
33 Kennedy Jenks. Palmdale Water District 2020 Urban Water Management Plan. June 25, 2021. 34 Kennedy Jenks. Palmdale Water District 2020 Urban Water Management Plan. June 25, 2021. 35 Kennedy Jenks. Palmdale Water District 2020 Urban Water Management Plan. June 25, 2021. 36 Kennedy Jenks. Palmdale Water District 2020 Urban Water Management Plan – Table 2-4 “Unit Demand Factors.” June 25, 2021.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 67 Less than Significant Impact. The LACSD Nos. 14 and 20 provide sewer service to the City.
The Project Site is within the service area of LACSD No. 20. The wastewater flow originating from the Proposed Project will discharge to a local sewer line, which is maintained by the City, for conveyance to the LACSD’s 25th Street East trunk sewer, located in 25th Street East, north of East Avenue R. The LACSD’s 12-inch diameter trunk sewer has a capacity of 2.2 million gallons per day (mgd) and conveyed a peak flow of 0.4 mgd when last measured in 2017. 37 The wastewater generated by the Proposed Project will be treated at the Palmdale Water Reclamation Plant, which has a capacity of 12 mgd and currently processes an average flow of 9.3 mgd. The expected average wastewater flow from the Proposed Project is 5,579 gallons per day.38 The project wastewater generated would account for approximately 0.0004 percent of LACSD No. 20’s current daily capacity. Therefore, less than significant adverse impacts are identified or anticipated, and no mitigation measures are required.
d) Would the project generate solid waste in excess of State or local standards or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
Less than Significant Impact. Solid waste collection services are provided by Waste Management, Inc. Waste from the City is disposed of at a number of solid waste facilities, with the majority of waste disposed at the Antelope Valley Public Landfill. This landfill currently has a maximum permitted throughput of 5,548 tons/day.
39 As of October 31, 2017, the landfill had
a remaining capacity of 17,911,25 cubic yards.40 CalRecycle provides estimates for solid waste generation created by businesses over a certain amount of time. The Proposed Project would require approximately 12 employees. It is anticipated to generate 127 pounds of solid waste per day, or 0.07 tons per day, based on 10.53 pounds per employee per day. 41 The project- generated waste equates to 0.0013 percent of the permitted throughput for the landfill. Waste generated from the Proposed Project is not expected to significantly impact solid waste collection systems. Therefore, no significant adverse impacts are identified or anticipated, and no mitigation measures are required.
e) Would the project c omply with federal, state, and local management and reduction statutes and regulations related to solid waste?
Less than Significant Impact. The purpose of California Assembly Bill 341 is to reduce greenhouse gas emissions by diverting commercial solid waste from landfills by recycling. It mandates businesses and public entities generating four -cubic yards or more of trash to establish and maintain recycling services. The Proposed Project would be required to prepare a Construction Waste Management Plan with a waste diversion rate of 65 percent. This mandatory requirement would ensure that impacts related to construction waste would be less
37 Los Angeles Sanitation District. Comment Letter for Conditional Use Permit 22-006, Site Plan Review 22- 007. April 28, 2022.
38 Los Angeles Sanitation District. Comment Letter for Conditional Use Permit 22-006, Site Plan Review 22- 007. April 28, 2022.
39 CalRecycle. SWIS Facility/Site Activity Details for Antelope Valley Public Landfill (19-AA-5624). Accessed April 12, 2022.
40 CalRecycle. SWIS Facility/Site Activity Details for Antelope Valley Public Landfill (19-AA-5624). Accessed April 12, 2022.
41 CalRecyle. Commercial Sector Generation Rates. Accessed April 12, 2022.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 68 than significant. Therefore, no significant adverse impacts are identified or anticipated, and no mitigation measures are required.
3.20 WILDFIRE
20. WILDFIRE.
If located in or near state responsibility
areas or lands classified as very high fire
hazard severity zones, would the project:
Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
(a) Substantially i mpair an adopted emergency
response plan or emergency evacuation plan?
(b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose
project occupants to, pollutant concentrations
from a wildfire or the uncontrolled spread of a
wildfire?
(c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines
or other utilities) that may exacerbate fire risk or
that may result in temporary or ongoing impacts
to the environment?
(d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post -fire slope
instability, or drainage changes?
Impact Analysis
a) Would the project substantially impair an adopted emergency response plan or emergency evacuation plan?
Less than Significant Impact. The Project Site is vacant and does not contain any emergency facilities. The Proposed Project is required to dedicate seven feet of right-of-way along the East Avenue R frontage to complete the ultimate half width improvements of 57 feet from centerline.
In addition, a dedication of an additional two feet of right-of-way along the 25th Street East frontage to complete the ultimate half width improvements of 52 feet from centerline would also be required. As part of the right -of-way dedication, sufficient right -of-way for a corner cutoff shall be provided at the intersection of East Avenue R and 25th Street East. The proposed drive-through facilities would provide a designated queuing reservoir that does not block aisles, driveways, or access to parking spaces. Moreover, the Proposed Project would provide 40 parking spaces, which is more than the required 34 spaces (25 spaces for the first 5,000 square-feet; plus four spaces/1,000 square-feet above 5,000 square-feet). Therefore, vehicles are expected to park on -site and would not interfere with off -site traffic. The Site access for operations would be subject to approval of the CUP and Site Plan review by the City Engineering Division. Therefore, less than significant impacts are anticipated, and no mitigation measures are required.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 69 b) Would the project, due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
Less than Significant Impact. The Project Site is not located within a fire hazard area .42 In addition, the Proposed Project shall comply with the 2022 California Fire Code. Moreover, the Proposed Project is subject to all conditions of approval required by the LACFD , such as installing four public fire hydrants on the Project Site. The Proposed Project would provide a minimum setback of 20 feet that is fully landscaped along the north, east, and south boundaries. The western boundary of Parcel 2 would have a minimum setback of 5 feet as it would connect to future development planned for Parcel 1 . New development projects are required to comply with applicable fire protection and prevention requirements for construction, access, water mains, fire flows, and fire hydrants. Therefore, less than significant impacts are identified or anticipated, and no mitigation measures are required.
c) Would the Project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
Less than Significant Impact. The Project Site is currently surrounded by developed land on all sides: a school to the west; an apartment complex to the north; single-family residences and East 25th Street to the east; and East Avenue R, a church, and single-family residences to the south. The installation, operation, and maintenance of utilities would comply with fire safety regulations. The building setbacks required for the Proposed Project would minimize the spread of fire within the Project Site, if it were to occur. Fire Apparatus a ccess roads shall be installed and maintained in a serviceable manner prior to and during the time of construction in accordance with Fire Code Section 501.4. The Proposed Project would replace the existing vegetation on-site with impervious surface, buildings constructed in compliance with the CBC, and proper landscaping. Therefore, less than significant impacts are identified or anticipated, and no mitigation measures are required.
d) Would the project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post -fire slope instability or drainage changes?
Less than S ignificant Impact. The Project Site and its immediate vicinity are relatively flat and are not subject to post-fire slope instability. The implementation of associated stormwater BMPs will ensure that the Proposed Project appropriately conveys stormwater runoff without affecting upstream or downstream drainage characteristics. As stated previously, the Project Site is neither located in a flood hazard zone nor an area susceptible to landslides. The Proposed Project shall comply with the 2022 California Fire Code. As a result, the Proposed Project will not expose people or structures to significant risks, such as downslope flooding or landslides. Therefore, less than significant imp acts are identified or anticipated, and no mitigation measures are required.
42 Rincon Consultants, Inc. City of Palmdale 2045 General Plan Update Draft Environmental Impact Report. July 2022.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 70 3.21 MANDATORY FINDINGS OF SIGNIFICANCE
21. MANDATORY FINDINGS OF SIGNIFICANCE.
Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
(a) Does the project have the potential to
substantially degrade the quality of the
environment, substantially reduce the habitat of
a fish or wildlife species, cause a fish or wildlife
population to drop below self -sustaining levels,
threaten to eliminate a plant or animal
community, substantially reduce the number or
restrict the range of a rare or endangered plant
or animal or eliminate important examples of the
major periods of California history or prehistory?
(b) Does the project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively considerable”
means that the incremental effects of a project
are considerable when viewed in connection with
the effects of past projects, the effects of other
current projects, and the e ffects of probable
future projects?)
(c) Does the project have environmental effects
which will cause substantial adverse effects on
human beings, either directly or indirectly?
3.21.1 Impact Analysis
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self -sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?
Less than Significant with Mitigation Incorporated. A Biological Resources Assessment report was prepared for the Proposed Project . No State and/or federally listed threatened or endangered species are documented/or expected to occur within the Project Site. Additionally, no plant species with the California Rare Plant Rank (CRPR) of one or two were observed on- site or documented to occur on-site in the relevant databases. No other sensitive species were observed within the Project Site. Because the Project Site and the immediate surrounding area contain habitat suitable for nesting birds, Mitigation Measure BIO-1 should be implemented to ensure there are no potential significant impacts.
As summarized in the Cultural Resources Assessment report, t he archaeological records search indicated that the property had been previously studied in 1995 (Romani 1995) and was negative for the presence of previously recorded cultural resources. Archival research has indicated that the property remained vacant un til it was developed with a large building (a grocery store with shops) and a paved parking lot between 1973 and 1974. Given the results of the field survey, archival research, and institutional records search, no potential impacts on cultural resources are anticipated with the development of the Proposed Project. However, in Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 71 the event that cultural resources are identified during grading, Mitigation Measures CR -1 and CR-2, and TCR-1 to TCR-3 shall be implemented.
b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?)
Less than Significant Impact. Cumulative impacts are defined as two or more individual effects that, when considered together, are considerable or that compound or increase other environmental impacts. The cumulative impact from several projects is the change in the environment that results from the incremental impact of the development when added t o the impacts of other closely related past, present, and reasonably foreseeable or probable future developments. Cumulative impacts can result from individually minor, but collectively significant, developments taking place over a period. The CEQA Guidelines, Section 15130 (a) and (b), states:
(a) Cumulative impacts shall be discussed when the project’s incremental effect is cumulatively considerable.
(b) The discussion of cumulative impacts shall reflect the severity of the impacts and their likelihood of occurrence, but the discussion need not provide as great detail as is provided of the effects attributable to the project. The discussion should be guided by the standards of practicality and reasonableness.
Development of the Proposed Project will be conditioned to comply with current AVAQMD rules and regulations to minimize impacts on air quality. The proposed fueling station, grocery store, and drive- through carwash i s not anticipated to generate significant impacts or generate significant operational mobile emissions. The Proposed Project is anticipated to generate approximately 4,656 daily trips. The Proposed Project would not exceed AVAQMD’s threshold of significance and therefore, it would not conflict with any applicable plan, policy, or regulation of an agency adopted to reduce the emissions of GHGs. The Proposed Project’s incremental contribution to GHG emissions and their effects on climate change would not be cumulatively considerable.
Therefore, impacts associated with the Proposed Project would not be considered cumulatively considerable. A less than significant impact would occur.
c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
Less than Significant with Mitigation Incorporated. Temporary vibration levels associated with project construction would not exceed the threshold at which there is a risk to architectural damage to older residential structures of a PPV of 0.3 in/sec or industrial/commercial buildings of a PPV of 0.5 in/sec. The project does not propose any non-construction-related sources of ground-borne vibration. Temporary vibration levels associated with project construction would be less than significant. The Proposed Project does not exceed AVAQMD thresholds for construction and operational emissions. Furthermore, as discussed in the HRA, the Proposed Project will not exceed the AVAQMD thresholds of a cancer risk greater than or equal to 10 in a million and/or a Hazard Index (HI) (non -cancerous) greater than or equal to one . As such, Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 72 the project will not be a significant source of toxic air contaminants emissions and sensitive receptors would not be exposed to toxic sources of air pollution.
The Proposed Project would be required to comply with the building design standards of the California Building Code (CBC) for construction of new buildings and/or structures related to seismicity and specific engineering design, and construction measures would be implemented to anticipate and avoid potential impacts from seismic activity.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 73 REFERENCES
AVAQMD California Environmental Quality Act (CEQA) & Federal Conformity Guidelines, August 2016
California Department of Conservation. Farmland Mapping and Monitoring Program, 1984-2006.
California Department of Conservation. California Important Farmland Finder. Accessed March 23, 2022.
California Energy Commission. https://ecdms.energy.ca.gov/gasbyplan.aspx. Accessed January 28, 2022.
California Energy Commission. 2019 Building Energy Efficiency Standards.
California Department of Toxic Substances Control. EnviroStor database. Accessed March 24, 2022.
CalRecyle. Commercial Sector Generation Rates. Accessed April 12, 2022.
CalRecycle. SWIS Facility/Site Activity Details for Antelope Valley Public Landfill (19-AA-5624).
Accessed April 12, 2022.
City of Palmdale. Envision Palmdale 2045 – City of Palmdale General Plan. Effective October 22, 2022. Amended on Marach 15, 2023.
City of Palmdale. Interactive MapGuide. Accessed March 25, 2022.
City of Palmdale. Municipal Code – Zoning Code
https://static1.squarespace.com/static/5c7dc93065a707492aca3e47/t/64de9083b184884ca0705f 29/1692307595388/PalmdaleTitle17.pdf. Accessed periodically.
City of Palmdale Public Works Department. Local Hazard Mitigation Plan 2021-2026 Update.
September 30, 2021.
Federal Emergency Management Agency. National Flood Hazard Layer. Accessed July 19, 2022.
Kennedy Jenks. Palmdale Water District 2020 Urban Water Management Plan. June 25, 2021.
Los Angeles County Airport Land Use Commission. Los Angeles County Airport Land Use Plan.
Palmdale Airport/USAF Plant 42 Airport Influence Area. May 13, 2003.
Los Angeles County. Department of Regional Planning.
https://planning.lacounty.gov/assets/upl/project/gp_2035_2014-FIG_9- 2_Regional_Wildlife_Linkages.pdf. May 2014.
Rincon Consultants, Inc. City of Palmdale 2045 General Plan Update Draft Environmental Impact Report. July 2022.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 74 United States Geological Survey (USGS). 2021. Areas of Land Subsidence in California. https://ca.water.usgs.gov/land_subsidence/california-subsidence-areas.html. Accessed July 2, 2022.
Initial Study / Mitigated Negative Declaration
General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Tentative Parcel Map No. 84001, Conditional Use Permit No. 22-006, and Site Plan Review No. 22-007 (October December 2024) 75 PROJECT-SPECIFIC REFERENCES
Blue Engineering and Consulting, Inc. Preliminary Hydrology and LID Report. October 2023.
Blue Engineering and Consulting, Inc. Sewer Demand Study. May 2023.
Brian F. Smith and Associates, Inc. Paleontological Assessment for the Beyond Market and Car Wash Project. June 29, 2022.
Brian F. Smith and Associates, Inc. Phase I Cultural Resource Assessment for the Beyond Market and Car Wash Project. June 29, 2022. Revised July 23, 2024.
City of Palmdale. Development Advisory Board Review of Pre-Applicant 21-057, January 27, 2022.
Ganddini Group, Inc. Beyond Food Mart Palmdale Gas Station Toxic Air Contaminant Health Risk Assessment Technical Memorandum. September 23, 2022.
Ganddini Group, Inc. Beyond Food Mart Palmdale - Noise Impact Analysis. September 26, 2022, Revised December 21, 2023.
Ganddini Group, Inc. Beyond Food Mart Palmdale - Traffic Impact Analysis. November 23, 2022.
Ganddini Group, Inc. Beyond Food Mart Palmdale Project – Vehicle Miles Traveled Screening Assessment. June 24, 2022.
Ganddini Group, Inc. Beyond Food Mart (25
th and Avenue R) Project Trip Generation
Comparison GGI Project No. 19524. November 20, 2023.
Jennings Environmental, LLC. Biological Resources Assessment and Jurisdictional Delineation, for the Proposed Beyond Food Mart and Carwash Development. April 2022.
Lilburn Corporation. CalEEMod Output for Beyond Food Mart. December 8, 2023.
Lilburn Corporation. CalEEMod Output for Existing Zoning. December 11, 2023.
Los Angeles Sanitation District. Comment Letter for Conditional Use Permit 22-006, Site Plan Review 22-007. April 28, 2022.
NTS Geotechnical, Inc. Preliminary Geotechnical Engineering and Infiltration Report Proposed Carwash and Gas Station. June 1, 2022.
Robin Environment Management (REM). Phase I Environmental Assessment Report. April 14, 2022.
MITIGATION MONITORING REPORTING PROGRAM
Project: GPA No.23-0003, ZC No.23-0003, TPM No.84001, CUP No.22-006, SPR No. 22-007 Applicant: Beyond Food Mart, Inc.__ Lead Agency: City of Palmdale Date: December 2024__ __
Mitigation Measures No. /
Implementing Action
Party Responsible
for Implementation
Implementation
Timing
Party Responsible
for Verification
Verified Date
/Initials
Biological Resources
BIO-1: Nesting bird surveys shall be conducted by a
qualified Biologist three days prior to any construction activities taking place during the nesting season to avoid potentially taking any birds or active nests. Surveys shall be conducted within 500 feet of the Project site. In general, impacts to all bird species (common and special status) will be avoided by conducting work outside of the nesting
season (generally February 1st to September 15th), and
conducting a worker awareness training. If an active nest is identified, a buffer shall be established between the construction activities and the nest so that nesting activities are not interrupted. Avoidance buffers will be 100 feet for common avian species, 300 feet for listed or highly
sensitive species, and 500 feet for raptors. The buffer should be delineated by temporary fencing and remain in effect as long as construction is occurring. No Project construction shall occur within the fenced nest zone until the young have fledged, are no longer being fed by the
parents, have left the nest, and will no longer be impacted by the Project. Reductions in the nest buffer distance may be appropriate depending on the avian species involved, ambient levels of human activity, screening vegetation, or possibly other factors.
Project Applicant/
Qualified Biologist
3 days prior to
construction
activities
City of Palmdale
Cultural Resources
CR-1: Should unanticipated or inadvertent surface and/or subsurface prehistoric or historic archaeological resources, built environment, and/or tribal cultural resources, appear to be encountered during construction or maintenance
activity associated with this project, then all work must halt within a 60-foot radius of the discovery until a qualified professional can evaluate the discovery. If the finds are archaeological or historic in nature, then an archaeologist, meeting the Secretary of the Interior’s Professional
Qualification Standards for prehistoric and/or historic archaeology have evaluated the significance of the find.
This archaeologist shall have the authority to modify the Project Applicant/
Qualified
Archaeologist
During
construction or
maintenance
City of Palmdale
Mitigation Measures No. /
Implementing Action
Party Responsible
for Implementation
Implementation
Timing
Party Responsible
for Verification
Verified Date
/Initials
no-work radius as appropriate, using professional
judgment. The following shall apply, depending on the
nature of the find:
A.If the professional archaeologist
determines that the find does not
represent a cultural resource, then work
may resume immediately, and no
agency notifications are required.
B.If the professional archaeologist
determines that the find does represent
a cultural resource from any time or
cultural affiliation then, depending on the
nature of the discovery, appropriate
treatment measures shall be developed.
C.If the find represents a Native American or
potentially Native American resource
that does not include human remains,
which may or may not include a Tribal
Cultural Resource, then the
archaeologist shall consult with
appropriate Tribe[s] on whether or not
the resource represents either a Tribal
Cultural Resource or a Historical
Resource, or both, and, if so, consult on
appropriate treatment measures.
Preservation in place is the preferred
treatment, if feasible. Work cannot
resume within the no -work radius until
the City, through consultation as
appropriate, determines that the site
either: 1) is not a Tribal Cultural
Resource or Historical Resource; or 2)
that the treatment measures for the
Tribal Cultural Resource or Historical
Resource have been completed.
CR-2: If human remains or funerary objects are
encountered during any activities associated with the
project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code
Project
Applicant/Contractor
During ground
disturbing
activities
City of Palmdale
Mitigation Measures No. /
Implementing Action
Party Responsible
for Implementation
Implementation
Timing
Party Responsible
for Verification
Verified Date
/Initials
§7050.5 and that code enforced for the duration of the
project.
Geology and Soils
GEO-1: Prior to initiation of any grading, drilling, and/or excavation activities, a PRIMP shall be approved by the City and the construction contractor shall hold a preconstruction meeting to be attended by the paleontologist of record, representatives of the grading contractor and subcontractors, the project owner or developer, and a representative of the lead agency. The nature of potential paleontological
resources shall be discussed, as well as the protocol that is to be implemented following the discovery of any fossiliferous materials.
Project
Applicant/Contractor
/Qualified
Paleontologist
Prior to
construction
activities
City of Palmdale
GEO-2: Monitoring of mass grading and excavation activities in areas identified as likely to contain paleontological resources shall be performed by a qualified/project
paleontologist or paleontological monitor. Monitoring shall be performed starting at the surface on a full -time basis; Holocene alluvial deposits should be monitored part-time at the discretion of the project paleontologist. The timing and duration of the monitoring of excavation activities within the alluvial fan deposits shall be at the discussion of the project paleontologist based on the geological conditions observed by the paleontological monitor and/or the project
paleontologist.
Qualified
Paleontologist
During ground
disturbing
activities
City of Palmdale
GEO-3: Paleontological monitors will be equipped to salvage fossils as they are unearthed to avoid construction delays.
The monitor must be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens in a timely manner. Monitoring may be reduced if the
potentially fossiliferous units are not present in the
subsurface, or, if present, are determined upon exposure and examination by qualified paleontological personnel to have low potential to contain fossil resources. The monitor shall notify the project paleontologist, who will then notify the concerned parties of the discovery.
Qualified
Paleontologist
During ground
disturbing
activities
City of Palmdale
GEO-4: A final monitoring and mitigation report of findings and significance will be prepared, including lists of all fossils recovered and necessary maps and graphics to accurately record their original location(s). The report, when submitted to, and accepted by, the appropriate lead agency, will signify satisfactory completion of the project program to mitigate Qualified
Paleontologist
During ground
disturbing
activities
City of Palmdale
Mitigation Measures No. /
Implementing Action
Party Responsible
for Implementation
Implementation
Timing
Party Responsible
for Verification
Verified Date
/Initials
impacts to any potential nonrenewable paleontological
resources (i.e., fossils) that might have been lost or otherwise adversely affected without such a program in place.
Noise
N-1: A concrete wall, six feet in height, shall be installed along the northern project boundary.
Project
Applicant/Contractor
During
construction
City of Palmdale
Tribal Cultural Resources
TCR-1: In the Event of an Inadvertent Discovery - If cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards retained by the project applicant shall assess the find. Work on the portions of the Projects outside of the buffered area may continue during this assessment period. Should the find be deemed significant, as defined by CEQA (as amended, 2015), the Project applicant shall retain a professional Tribal Monitor procured by the FTBMI to
observe all remaining ground-disturbing activities including, but not limited to, clearing, grading, excavating, digging, trenching, plowing, drilling, tunneling, quarrying, leveling, driving posts, auguring, blasting, stripping topsoil or similar activity, and archaeological work.
Project Applicant/
Qualified
Archaeologist/Tribal
Monitor
During ground
disturbing
activities
City of Palmdale
TCR-2: Disposition and Treatment of Inadvertent Discoveries - The Lead Agency and/or applicant shall, in good faith, consult with the FTBMI on the disposition and treatment of any Tribal Cultural Resource encountered during all ground disturbing activities.
Project Applicant/
City of Palmdale
Prior to ground
disturbance
City of Palmdale
TCR-3: In the Event of Inadvertent Discovery, Human
Remains - If human remains or funerary objects are
encountered during any activities associated with the Project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code shall be enforced for the duration of the Project.
Inadvertent discoveries of human remains and/or funerary object(s) are subject to California State Health and Safety Code Section 7050.5, and the subsequent disposition of
those discoveries shall be decided by the Most Likely
Descendant (MLD), as determined by the Native American
Heritage Commission (NAHC), should those findings be
determined as Native American in origin.
Project
Applicant/Contractor
During ground
disturbing
activities
City of Palmdale
Mitigation Measures No. /
Implementing Action
Party Responsible
for Implementation
Implementation
Timing
Party Responsible
for Verification
Verified Date
/Initials
TCR-4: In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60 -foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, the Yuhaaviatam of San Manuel Nation Cultural Resources Department (YSMN) shall be contacted, as detailed within TCR -7, regarding any pre - contact finds and be provided information after the
archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with re gards to significance and treatment.
Project Applicant/
Qualified
Archaeologist
Upon discovery
of cultural
resources
City of Palmdale
TCR-5: If significant pre-contact cultural resources, as defined by CEQA (as amended, 2015), are discovered and
avoidance cannot be ensured, the archaeologist shall
develop a Monitoring and Treatment Plan, the drafts of
which shall be provided to YSMN for review and comment, as detailed within TCR-7. The archaeologist shall monitor the remainder of the project and implement the Plan
accordingly.
Qualified
Archaeologist
Upon discovery
of pre-contact
cultural
resources
City of Palmdale
TCR-6: If human remains or funerary objects are
encountered during any activities associated with the
project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code
§7050.5 and that code enforced for the duration of the
project.
Project
Applicant/Contractor
During ground
disturbing
activities
City of Palmdale
TCR-7: The Yuhaaviatam of San Manuel Nation Cultural
Resources Management Department (YSMN) shall be
contacted, as detailed in TCR-4, of any pre-contact cultural resources discovered during project implementation, and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as
defined by CEQA (as amended, 2015), a Cultural
Resources Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with YSMN, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents YSMN for the remainder of the project, should YSMN elect to place a monitor on-site.
Project
Applicant/Contractor
/ Qualified
Archaeologist
Upon discovery
of pre-contact
cultural
resources
City of Palmdale
TCR-8: Any and all archaeological/cultural documents Project Applicant/ Upon availability City of Palmdale
Mitigation Measures No. /
Implementing Action
Party Responsible
for Implementation
Implementation
Timing
Party Responsible
for Verification
Verified Date
/Initials
created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for
dissemination to YSMN. The Lead Agency and/or applicant shall, in good faith, consult with YSMN throughout the life of the project.
City of Palmdale of records